N.Y. ENV Law § 13-0341 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0341
Trawls; use prohibited in certain waters
Status: in_force

§ 13-0341. Trawls; use prohibited in certain waters.\n  For the purposes of this chapter, a trawl shall be defined as a net\nwhich is towed or dragged through the water column, capturing fish by\nstraining the water, but shall not include a seine which is used to\nencircle fish. The term trawl shall include but not be limited to the\notter trawl, the beam trawl, the Paranzella or two-boat trawl, the pair\ntrawl, the Danish seine and the Scottish seine. Trawls shall not be set\nor used in the water areas of the marine district described in the\nfollowing subdivisions:\n  1. In the waters of the county of Richmond and in the counties of\nKings or Queens, northerly and westerly of a line from the sea end of\nthe breakwater at Rockaway Point to Romer Shoal lighthouse, including\nJamaica Bay and its adjacent bays, inlets, creeks and basins.\n  2. a. In the Atlantic Ocean within one-half mile of the coastline and\nin all connecting tidal waters inshore of the coastline, from Rockaway\nInlet Jetty at Rockaway Point to the Town of Babylon bathing pavilion at\nCedar Island Beach, and in all tidal waters inshore of a line from the\nTown of Babylon bathing pavilion to the sea buoy (BW S-I, Bell) at the\nentrance of Fire Island Inlet and thence to the seaward end of Fire\nIsland Inlet Jetty at Democrat Point.\n  b. Seaward of Rockaway Inlet within an arc with a radius of one and\none-half miles measured from the point at 40Á32.4' N latitude, 73Á56.5'\nW longitude, which is at or near the most southerly terminus of the\nRockaway Inlet Jetty at Rockaway Point.\n  c. Seaward of East Rockaway Inlet within an arc with a radius of one\nand one-half miles measured from the point at 40Á34.9' N latitude,\n73Á45.3' W longitude, which is at or near the most southerly terminus of\nthe East Rockaway Inlet Jetty at Silver Point.\n  d. Seaward of Jones Inlet within an arc with a radius of two miles\nmeasured from the point at 40Á34.4' N latitude, 73Á34.6' W longitude,\nwhich is at or near the most southerly terminus of the East (Short Beach\nside) Inlet Jetty, during the period January 1 through June 14.\n  e. Seaward of Fire Island Inlet within an arc with a radius of two\nmiles measured from the point at 40Á37.2' N latitude, 73Á18.4' W\nlongitude, which is at or near the most southerly terminus of the Fire\nIsland Inlet Jetty at Democrat Point, during the period January 1\nthrough June 14.\n  3. In Mecox Inlet within one-half mile of the narrowest part of the\nmouth of such inlet and seaward of Moriches and Shinnecock Inlets within\nseparate arcs each with a radius of one and one-half miles measured from\na point for Moriches Inlet at 40Á45.4' N latitude, 72Á45.2' W longitude,\nand for Shinnecock Inlet at 40Á50.2' N latitude, 72Á28.3' W longitude,\nwhich points are midway between the points at the most southerly termini\nof the east and west jetties at the entrance to each inlet.\n  4. In the Harlem River and the East River east of the Robert F.\nKennedy Bridge and in Long Island Sound west of a line drawn from\nHewlett's (King's) Point to the north end of Hart Island, thence to the\nsouth end of Glen Island, and in their adjacent bays, coves, creeks and\nconfluent waters.\n  5. In Flanders Bay, Great Peconic Bay, Little Peconic Bay, Noyac Bay\nand Shelter Island Sound, including all waters forming a part thereof or\ntributary thereto, lying westerly of an imaginary line extending from\nthe most southerly point of Orient State Park to the most easterly point\nof Shelter Island, also known as Ram Head, and from this point in a\ngenerally southerly direction to the most northerly point of Cedar\nPoint, including all of Orient Harbor, Hallock Bay and Northwest Harbor.\n  6. In the county of Suffolk in the waters lying westerly of an\nimaginary line extending in a southerly direction from the most easterly\nend of Plum Island to the most northerly end of Gardiners Island, and\nwesterly of Gardiners Island, and westerly of a line extending in a\nsoutherly direction from the most southerly end of Gardiners Island to\nGoff Point; provided, however, that vessels and motorboats owned and\noperated by citizens who are residents of the state may be used in such\nwaters in connection with the operation of trawls and other types of\nnets towed by such boats and vessels. Nothing in this subdivision shall\nbe construed as legalizing the operation of any trawls in the waters\ndescribed in subdivision 5 of this section.\n  7. In Long Island Sound, including all waters forming a part thereof\nor which are tributary thereto: a. west of an imaginary line from the\nNew York-Connecticut boundary shore line extending easterly and\nsoutherly to Eaton's Point Neck on Long Island from April 1 to November\n1.\n  b. South of a line from Hewlett Point on Great Neck eastward to Sands\nPoint on Manhassett Neck, then to Matinicock Point, then to Oak Neck\nPoint, then to Rocky Point at Centre Island, then to Lloyd Point, then\nto Eaton's Neck Point, buoy 13, then to buoy "1" (privately maintained)\noff the Northport Power Plant, then to buoy "NR" off the north of the\nNissequogue river, then to buoy "1" off Stony Brook Harbor, and then to\nCrane Neck Point.\n  c. In the Nissequogue River.\n  d. Within Stony Brook Harbor.\n  e. Within one-half mile of the shore between an imaginary line\nextending north from Crane Neck Point and an imaginary line extending\nnorth from the shore intersect of the Riverhead-Brookhaven town line\nnear Wading River, including all bays, harbors and tributaries landward\nthereof, including Port Jefferson Harbor, Conscience Bay, Setauket\nHarbor and Mount Sinai Harbor.\n  f. Within one mile of the shore of Fishers Island, or between the\nshore of Fishers Island and the Connecticut-New York State boundary line\nwherever such boundary line is within less than one mile of the shore of\nFishers Island.\n  8. In the waters of the Great South Bay, Moriches Bay and Shinnecock\nBay, including all tidal waters and all waters forming a part thereof or\ntributary thereto.\n  9. The department is authorized to adopt regulations prescribing the\nminimum size net mesh, and the manner in which such nets may be\npossessed and used, in trawl fisheries for summer and winter flounder.\n
N.Y. ENV Law § 9-0303 — New York Code / Act ENV / Article 9 / Title 3 / Section 9-0303
Restrictions on use of state lands
Status: in_force

§ 9-0303. Restrictions on use of state lands.\n  In order to protect the state lands described in this article the\nfollowing provisions shall apply:\n  1. Trees or timber. Except as provided in subdivision 2 of section\n9-0107 and in sections 9-0501 through 9-0507 of this article no person\nshall cut, remove, injure, destroy or cause to be cut, removed, injured\nor destroyed any trees or timber or other property thereon or enter upon\nsuch lands with intent to do so.\n  2. Structures. No building shall be erected, used or maintained upon\nstate lands except under permits from the department.\n  3. Agricultural use. No person shall use any portion of the forest\npreserve for agricultural purposes, nor shall cattle or domestic animals\nof any kind be permitted to graze thereon.\n  4. Deposit rubbish. No person shall deposit or leave on state lands\nany rubbish or other waste material.\n  5. Transfer or lease. No person shall lease, transfer or accept any\nlease or transfer of any lands in the forest preserve or of any\nimprovements thereon.\n  6. Disposal of improvements. The department may dispose of any\nimprovements upon state lands under such conditions as it deems to be to\nthe public interest.\n  7. Removal of materials generally. No person shall remove any material\nbelonging to the state from the state lands without the authorization of\nthe department.\n
N.Y. PBA Law § 550 — New York Code / Act PBA / Article 3 / Title 3 / Section 550
Short title
Status: in_force

§ 550. Short title. This title may be cited as the "Triborough bridge\nand tunnel authority act".\n
N.Y. PBA Law § 1068 — New York Code / Act PBA / Article 5 / Title 3 / Section 1068
Officers and employees not to be interested in transactions
Status: in_force

§ 1068. Officers and employees not to be interested in transactions.\nIt shall be a misdemeanor for any of the members of the authority, or\nany officer, agent, servant or employee thereof, employed or appointed\nby them to be in any way or manner interested directly or indirectly in\nthe furnishing of work, materials, supplies or labor, or in any contract\ntherefor which the authority is empowered by this act to make.\n
N.Y. PBA Law § 1056 — New York Code / Act PBA / Article 5 / Title 3 / Section 1056
Bonds of the authority
Status: in_force

§ 1056. Bonds of the authority. 1. The authority shall have the power\nand is hereby authorized from time to time to issue its negotiable bonds\nin conformity with applicable provisions of the uniform commercial code\nfor any of its corporate purposes, including incidental expenses in\nconnection therewith, and to secure the payment of the same by lien of\nthe pledge of the revenues. The authority shall have power from time to\ntime whenever it deems refunding expedient, to refund any bonds by the\nissuance of new bonds, whether the bonds to be refunded have or have not\nmatured, and may issue bonds partly to refund bonds then outstanding and\npartly for any of its corporate purposes. Except as may be otherwise\nexpressly provided by the authority, every issue of bonds by the\nauthority shall be general obligations payable out of any moneys,\nearnings or revenues of the authority, subject only to any agreements\nwith the holders of particular bonds pledging any particular moneys,\nearnings or revenues.\n  2. The bonds shall be authorized by resolution of the authority and\nshall bear such date or dates, mature at such time or times not\nexceeding forty years from their respective dates, bear interest at such\nrate or rates per annum payable at such times, be in such denominations,\nbe in such form either coupon or registered, carry such registration\nprivileges, be executed in such manner, be payable in lawful money of\nthe United States of America, at such place or places and be subject to\nsuch terms of redemption, as such resolution or resolutions may provide.\nSuch bonds of the authority may be sold at public or private sale for\nsuch price or prices as the authority shall determine provided, however,\nthat any private sale shall be subject to the approval of the state\ncomptroller. The foregoing provisions shall be applicable to bonds\nissued by the authority notwithstanding the provisions of any other\ngeneral, special or local law to the contrary.\n  3. Any resolution or resolutions authorizing any bonds or any issue of\nbonds may contain provisions, which shall be a part of the contract with\nthe holders of the bonds thereby authorized, as to\n  (a) pledging all or any part of the moneys, earnings, income and\nrevenues derived from all or any part of the properties of the authority\nto secure the payment of the bonds or of any issue of the bonds subject\nto such agreements with bondholders as may then exist;\n  (b) the rates, rentals, fees and other charges to be fixed and\ncollected and the amounts to be raised in each year thereby, and the use\nand disposition of the earnings and other revenues;\n  (c) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (d) limitations on the right of the authority to restrict and regulate\nthe use of the properties in connection with which such bonds are\nissued;\n  (e) limitations in the purposes to which the proceeds of sale of any\nissue of bonds may be applied and pledging such proceeds to secure the\npayment of the bonds or any issue of the bonds;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured; the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must consent thereto, and the manner in which such consent may\nbe given;\n  (h) the creation of special funds into which any earnings or revenues\nof the authority may be deposited;\n  (i) the terms and provisions of any mortgage or trust deed or\nindenture securing the bonds or under which bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine which may include any\nor all of the rights, powers and duties of the trustee appointed by the\nbondholders pursuant to section one thousand sixty-six hereof, and\nlimiting or abrogating the right of the bondholders to appoint a trustee\nunder such section or limiting the rights, duties and powers of such\ntrustee;\n  (k) limitations on the power of the authority to sell or otherwise\ndispose of its properties;\n  (l) any other matters, of like or different character which in any way\naffect the security or protection of the bonds;\n  (m) limitations on the amount of moneys derived from the properties to\nbe expended for operating, administrative or other expenses of the\nauthority;\n  (n) the protection and enforcement of the rights and remedies of the\nbondholders;\n  (o) the obligations of the authority in relation to the construction,\nmaintenance, operation, repairs and insurance of the properties, the\nsafeguarding and application of all moneys and as to the requirements\nfor the supervision and approval of consulting engineers in connection\nwith construction, reconstruction and operation;\n  (p) the payment of the proceeds of bonds and revenues of the\nproperties to a trustee or other depositary, and for the method of\ndisbursement thereof with such safeguards and restrictions as the\nauthority may determine.\n  4. It is the intention of the legislature that any pledge of earnings,\nrevenues or other moneys made by the authority shall be valid and\nbinding from the time when the pledge is made; that the earnings,\nrevenues or other moneys so pledged and thereafter received by the\nauthority shall immediately be subject to the lien of such pledge\nwithout any physical delivery thereof or further act, and that the lien\nof any such pledge shall be valid and binding as against all parties\nhaving claims of any kind in tort, contract or otherwise against the\nauthority irrespective of whether such parties have notice thereof.\nNeither the resolution nor any other instrument by which a pledge is\ncreated need be recorded.\n  5. Neither the members of the authority nor any person executing the\nbonds shall be liable personally on the bonds or be subject to any\npersonal liability or accountability by reason of the issuance thereof.\n  6. The authority shall have power out of any funds available therefor\nto purchase bonds. The authority shall cancel such bonds, subject to and\nin accordance with agreements with bondholders.\n  7. In the discretion of the authority, the bonds may be secured by a\ntrust indenture (instead of a resolution) by and between the authority\nand a corporate trustee, which may be any trust company or bank having\nthe powers of a trust company in the state of New York. Such trust\nindenture may contain any of the provisions which a resolution\nauthorizing bonds may contain.\n  Notwithstanding any other provisions of this title, any resolution or\nresolutions authorizing bonds or notes of the authority shall contain a\ncovenant by the authority that it will at all times maintain rates,\nfees, rentals and other charges sufficient to pay, and that any\ncontracts entered into by the authority for the sale or distribution of\nwater shall contain rates, fees, rentals or other charges sufficient to\npay, the cost of operation and maintenance of the properties, the\nprincipal of and interest on any obligations issued pursuant to such\nresolution or resolutions as the same severally become due and payable,\nand to maintain any reserves or other funds required by the terms of\nsuch resolution or resolutions.\n
N.Y. EXC Law § 523-F — New York Code / Act EXC / Article 19-G / Title 3 / Subtitle B / Section 523-F
Notification to the office of the ombudsman of critical incidents
Status: in_force

§ 523-f. Notification to the office of the ombudsman of critical\nincidents. The office of the ombudsman shall receive copies of critical\nincident reports involving a youth residing in a facility operated by\nthe office.\n
N.Y. LAB Law § 538 — New York Code / Act LAB / Article 18 / Title 3 / Section 538
Representation and witness fees and other expenses
Status: in_force

§ 538. Representation and witness fees and other expenses. 1. Fees and\ncompensation of representatives. (a) No fee shall be charged in any\nproceeding under this article by the commissioner, by the appeal board\nor by any court.\n  (b) In any proceeding under this article a party may be represented by\nan agent, but no fees for services rendered by such agent shall be\nallowable unless such agent is registered with the appeal board or is an\nattorney.\n  (c) Claims of representatives for services rendered to a claimant in\nconnection with any claim arising under this article shall not be\nenforceable unless approved by the appeal board and shall in no event\nexceed the benefit allowed, except as provided in paragraph (d) of this\nsubdivision. In approving any fee requested by a representative pursuant\nto this section, the appeal board shall consider the following factors:\n(i) the total benefit allowed; (ii) the time spent in providing\nrepresentation; (iii) the legal and factual complexities involved; and\n(iv) such other factors as the appeal board may deem relevant.\n  (d) In addition to any fee which may be allowed by the appeal board\nfor services rendered to the claimant, an attorney representing a\nclaimant shall be entitled to a fee not to exceed the sum of five\nhundred dollars and necessary printing and other disbursements in each\nof the following cases: (1) On an appeal from a decision of the appeal\nboard in favor of the claimant. (2) On a motion for leave to appeal to\nthe court of appeals from a decision of the appellate division of the\nsupreme court which relates to a decision of the appeal board in favor\nof the claimant. (3) On an appeal to the court of appeals from a\ndecision of the appellate division of the supreme court which relates to\na decision of the appeal board in favor of the claimant. When a claimant\ntakes such appeal, the court shall allow a fee and disbursements only if\nit finds the appeal to have been meritorious.\n  (e) The court shall appoint an attorney to represent the claimant if\nhe is unrepresented in each of the cases described in paragraph (d)\nhereof, except when the claimant takes an appeal to the court of\nappeals. Fees and disbursements provided in such paragraph (d) shall be\nfixed by the court in which the appeal is taken or the motion for leave\nto appeal is made. Such fees and disbursements shall be paid by the\ncommissioner as part of the expenses incurred in the administration of\nthis article.\n  (f) Any person, firm, or corporation who shall exact or receive any\nremuneration or gratuity for any services rendered to or on behalf of a\nclaimant except as allowed by this section and in an amount approved by\nthe board or a court shall be guilty of a misdemeanor. The appeal board\nshall order the restitution of any fee paid by a claimant to a\nrepresentative to the extent that it exceeds the amount authorized by\nthis section.\n  2. Fees of witnesses and other expenses. Fees of witnesses and other\nexpenses, except representation services, involved in proceedings under\nthis article shall be paid at a rate to be established by regulation of\nthe commissioner except that such fees and other expenses involved in\nproceedings before referees and the appeal board shall be paid at a rate\nto be established by regulation of this board. Such fees or other\nexpenses shall be treated as expenses under this article.\n  3. Representatives; lists. * (a) The appeal board shall establish the\nqualifications and procedures for the registration of agents authorized\nto represent claimants in connection with any claims arising under this\narticle. An agent shall be registered as authorized to represent\nclaimants by providing the appeal board with his name, business address\nand telephone number and by posting a bond with the appeal board in the\namount of five hundred dollars for the benefit of claimants charged fees\nby said representative in excess of those approved pursuant to this\nsection and with respect to which restitution has been ordered pursuant\nto paragraph (f) of subdivision one of this section. An agent shall be\nregistered as authorized to represent an employer by providing the\nappeal board with a letter of authorization from the employer. No agent\nmay be registered who knowingly violates paragraph (c) of subdivision\none of this section.\n  * NB Expires December 31, 2026\n  (b) An attorney who is available to represent claimants may notify the\nappeal board by providing his name, business address and telephone\nnumber.\n  * (c) The appeal board shall maintain lists of authorized agents and\nattorneys who are available to represent claimants and shall make such\nlists available to claimants on request.\n  * NB Expires December 31, 2026\n
N.Y. RSS Law § 23 — New York Code / Act RSS / Article 2 / Title 3 / Section 23
Employers' contributions and their use; pension accumulation fund
Status: in_force

§ 23. Employers' contributions and their use; pension accumulation\nfund.  a. Except as otherwise provided pursuant to this article, the\npension accumulation fund shall be the fund in which shall be\naccumulated:\n  1. All contributions made by employers, and\n  2. All income received from the investments of the retirement system,\nand\n  3. All monies received from all other sources and which are not\nrequired to be credited to any other fund.\n  b. Each employer shall make three contributions annually. They shall\nbe known as the normal contribution, the deficiency contribution, and\nthe administration contribution. The rates thereof shall be computed by\nthe actuary.\n  1. Normal contribution. The rate of such contribution shall be applied\nto the members' annual compensation earned during the previous fiscal\nyear.  Such rate shall be a uniform and constant rate per centum of\nannual compensation. When applied to the compensation of the average new\nentrant during the remaining period of his or her membership, such rate\nshall be computed to be sufficient to provide all the benefits, other\nthan those on account of prior service, granted by this article and\nwhich are payable from funds contributed to the pension accumulation\nfund.\n  Such rate shall be computed each year by means of an actuarial\nvaluation as prescribed in section eleven of this article and as\nauthorized by section twenty-three-a of this title.\n  2. Deficiency contribution.\n  (a) In the case of employers participating on July first, nineteen\nhundred forty-eight, the rate of such contribution shall continue to be\nthe rate theretofore determined pursuant to law. Such rate may be\nvaried, however, if an adjustment is necessitated by reason of the\nallowance of additional prior service credits.\n  (b) In the case of an employer electing to participate after July\nfirst, nineteen hundred forty-eight and before March thirty-first,\nnineteen hundred ninety-nine, an initial actuarial valuation shall be\nmade to determine the accrued liability of such employer by reasons of\nthe prior service of those of its employees who are members of the\nretirement system. The rate of deficiency contribution for such employer\nshall then be determined. Such rate shall be that proportion of the\ntotal annual compensation of such employees as is equivalent to four per\ncentum of such accrued liability. Such rate shall be applied to the\nemployer's payroll of members, as used in the annual valuation. The cost\nof making such initial valuation shall be assessed against and paid by\nsuch employer.\n  Notwithstanding the above, for employers who commence participation in\nthe retirement system on or after April first, nineteen hundred\nninety-nine, the accrued liability shall be amortized in equal annual\ninstallments over a twenty-five year period. With respect to such\nemployers the cost of making such initial valuation shall be assessed\nagainst and paid by the employer. The provisions of subdivisions c, d\nand e of this section shall not apply to employers who commence\nparticipation in the retirement system on or after April first, nineteen\nhundred ninety-nine.\n  (c) The amount of each annual deficiency contribution payable by every\nemployer shall be at least three per centum greater than the amount for\nthe preceding year.\n  (d) The comptroller shall approve the discontinuance of the state's\ndeficiency contribution on account of members employed by it when:\n  (1) The total amount in the pension accumulation fund on account of\nall members, and\n  (2) The present value of future deficiency contributions still to be\npaid by other employers, and\n  (3) The present value of future normal contributions, on the basis of\nthe rate of normal contribution then in effect, shall equal the then\npresent value of the total liability of such fund on the basis of the\ntables then in use.\n  (e) Unless previously discontinued, or unless hereafter discontinued\npursuant to other provisions of law, the deficiency contribution of a\nparticipating employer shall be discontinued when the total amount of\ndeficiency contributions paid by such employer at least equals or shall\nhereafter equal such percentum of its initial accrued liability computed\nby the actuary as shall equal that percentum of the state's initial\naccrued liability paid by deficiency contributions during the period\nequal to the period last determined by the actuary as the deficiency\npayment period. Nothing herein contained shall be deemed to give any\nparticipating employer any valid claim or cause of action for refund or\ncredit for any sum or sums paid or to be paid for fiscal years prior to\nand including the fiscal year ending March thirty-first, nineteen\nhundred sixty-six nor to excuse any participating employer from the\npayment of any contributions for such fiscal years.\n  3. Administration contribution.\n  (a) The expenses of the retirement system, including an amount\nallocated to amortize over a period of thirty years, with interest, the\ncost of construction of the retirement system building, and the cost of\nmaintenance of such building, for each fiscal year shall be determined\nat the close of each such year. The ratio of such expenses to the total\ncompensation of all members, as used in the actuarial valuation, shall\nbe the rate of such administration contribution.  Such rate shall be\napplied to each employer's payroll of members, as used in the annual\nvaluation.\n  (b) All such expenses shall be paid out of the pension accumulation\nfund which shall be reimbursed through administration contributions and\nother monies received from employers pursuant to this article.\n  (c) Notwithstanding any other provision of this subdivision or any\nother law, the administrative contribution for a year, as determined\npursuant to paragraph one of subdivision b of this section, shall be\npaid from the pension accumulation fund if payment from such fund will\nnot affect the normal contribution for such year.\n  c. Additional contributions shall be made in accordance therewith by\nemployers obligated to contribute to the retirement system pursuant to\nany other section of this article.\n  d. When a pension or a pension-providing-for-increased-take-home-pay,\nif any, becomes payable to or on account of any member, a reserve, in an\namount computed by the actuary to be necessary to provide the pension or\npension-providing-for-increased-take-home-pay, if any, granted in each\nsuch case, shall be transferred from the pension accumulation fund to\nthe pension reserve fund.\n  e. Whenever the comptroller, upon recommendation by the actuary, shall\ndetermine that it is necessary to increase the reserves held in the\nannuity reserve fund or the pension reserve fund, he may direct that the\namount so needed shall be transferred thereto from the pension\naccumulation fund.\n  f. The amount of regular interest which is to be credited to the\nannuity savings fund, the annuity reserve fund and the pension reserve\nfund, and the amount of special interest, if any, which shall be\ncredited to the annuity savings accounts in the annuity savings fund,\nshall be determined after the close of each fiscal year. Each such\namount thereupon shall be transferred from the pension accumulation fund\nto each such fund.\n
N.Y. PBA Law § 3952 — New York Code / Act PBA / Article 10-D / Title 3 / Section 3952
Erie county fiscal stability authority
Status: in_force

§ 3952. Erie county fiscal stability authority. 1. There is hereby\ncreated the Erie county fiscal stability authority. The authority shall\nbe a corporate governmental agency and instrumentality of the state\nconstituting a public benefit corporation.\n  2. The authority shall conduct meetings as often as deemed necessary\nto accomplish its purposes, but not less than quarterly during a control\nperiod or annually during an advisory period.\n  3. The authority shall continue until its control, advisory or other\nresponsibilities, and its liabilities have been met or otherwise\ndischarged, which in no event shall be later than December thirty-first,\ntwo thousand thirty-nine. Upon the termination of the authority, all of\nits property and assets shall pass to and be vested in the county.\n
N.Y. GMU Law § 783 — New York Code / Act GMU / Article 17-A / Title 3 / Section 783
Publication of proposed elector initiated dissolution plan
Status: in_force

§ 783. Publication of proposed elector initiated dissolution plan. No\nlater than five business days after approving an elector initiated\ndissolution plan pursuant to section seven hundred eighty-two of this\ntitle, the governing body of the local government entity to be dissolved\nshall:\n  1. cause a copy of the proposed elector initiated dissolution plan,\nalong with a descriptive summary thereof, to be displayed and readily\naccessible to the public for inspection in a public place or places\nwithin the entity;\n  2. cause the proposed elector initiated dissolution plan, along with a\ndescriptive summary thereof and a reference to the public place or\nplaces within the entity where a copy thereof may be examined, to be\ndisplayed on a website maintained by the entity or otherwise on a\nwebsite maintained by the village, town and/or county in which the\nentity is located; and\n  3. arrange to be published a descriptive summary of the proposed\nelector initiated dissolution plan and a reference to the public place\nor places within the entity where a copy thereof may be examined, at\nleast once each week for four successive weeks in a newspaper having a\ngeneral circulation within the entity; and\n  4. in the case of a proposed dissolution of a village, the governing\nbody of the village shall cause the proposed elector initiated\ndissolution plan to be mailed by certified or registered mail to the\nsupervisor of the town or towns in which the village is situated.\n
N.Y. PBA Law § 3033 — New York Code / Act PBA / Article 10 / Title 3 / Section 3033
Creation of the municipal assistance corporation for the city of New York; authorized indebtedness
Status: in_force

* § 3033. Creation of the municipal assistance corporation for the\ncity of New York; authorized indebtedness. 1. There is hereby created\nthe municipal assistance corporation for the city of New York. The\ncorporation shall be a corporate governmental agency and instrumentality\nof the state constituting a public benefit corporation. It shall have\nthe powers, privileges and duties of a corporation under title two of\nthis article and under this title. The corporation shall continue for a\nterm ending the later of July first, two thousand eight or one year\nafter all its liabilities have been fully paid and discharged. Upon the\ntermination of the existence of the corporation, all of its rights and\nproperty shall pass to and be vested in the state.\n  2. Subject to the provisions of any contract with noteholders or\nbondholders, the corporation shall not issue bonds and notes in an\naggregate principal amount exceeding ten billion dollars, excluding (i)\nbonds and notes issued to refund outstanding bonds and notes and (ii)\nnotes issued for the purpose described in subparagraph (d) of section\nthree thousand thirty-seven of the this article, provided, however, that\nno bonds or notes shall be issued for any purpose other than to pay for\nitems which are permitted by law to be included in the city's capital\nbudget or to make deposits into the capital reserve funds established\npursuant to sections three thousand thirty-six and three thousand\nthirty-six-a of this article if at the time such bonds or notes are\nissued or as a result of their issuance the aggregate principal amount\nof bonds and notes issued by the corporation, exclusive of bonds and\nnotes issued for any purpose described in clause (i) or (ii) of this\nsubdivision, exceeds eight billion eight hundred million dollars.\n  2-a. In addition to the authority provided in subdivision two of this\nsection, the corporation may, until June thirtieth, nineteen hundred\nseventy-eight, issue notes in an aggregate principal amount which the\nmayor certifies to the corporation is required by the city to provide,\nwithout interruption, services essential to its inhabitants while\nmeeting its obligation to the holders of its outstanding securities to\nJune thirtieth, nineteen hundred seventy-eight, but not to exceed five\nhundred million dollars. Such notes shall finally mature no later than\nJune thirtieth, nineteen hundred seventy-eight. Such notes shall not be\nrenewable. The terms of issuance of such notes shall not contain any\nprovision creating rights in the holders of such notes to convert such\nnotes to or exchange such notes for bonds of the corporation. The\ncorporation shall pay the proceeds of such notes to the city to be used\nto provide services essential to its inhabitants without regard to the\nprovisions of section three thousand thirty-seven of this title.\n  2-b. In addition to the authority provided in subdivisions two and\ntwo-a of this section, the corporation may, not later than June\nthirtieth, nineteen hundred ninety-seven issue bonds and notes in an\naggregate principal amount not to exceed one billion five hundred\nmillion dollars (excluding any bonds or notes issued to fund the bond\nreserve fund established pursuant to section three thousand thirty-six-b\nof this title and any bonds or notes issued to refund outstanding bonds\nor notes) for the purpose of funding capital projects within the city\npursuant to section three thousand thirty-seven-a of this title;\nprovided, however, that such authority shall decrease from time to time\nby such amounts as the city shall have made available to fund such\ncapital projects; and provided further, that the authority provided in\nthis subdivision shall be exercised pursuant to a memorandum of\nagreement among the governor, the mayor and the chairman of the\ncorporation, which agreement shall provide that the corporation shall\nnot issue such bonds or notes in any fiscal year in the event and to the\nextent that the city makes available proceeds from the issuance of its\nbonds to fund such capital projects; and which agreement shall also\nprovide for certain operating assistance to be made available by the\ncorporation to the city; and provided further, that bonds issued or to\nbe issued to refund bonds of the corporation shall be excluded from such\nlimitation only if the present value of the aggregate debt service on\nthe refunding bonds shall not have at the time of their issuance\nexceeded the present value of the aggregate debt service on the bonds\nthey were issued to refund, such present value in each case being\ncalculated by using the effective interest rate of the refunding bonds,\nwhich shall be that rate arrived at by doubling the semi-annual interest\nrate (compounded semi-annually) necessary to discount the debt service\npayments on the refunding bonds from the payment date thereof to the\ndate of issue of the refunding bonds and to the price bid therefor, or\nto the proceeds received by the corporation from the sale thereof, in\neach case including estimated accrued interest. The rate of interest on\nbonds which bear interest at a variable rate which shall be used in\ndetermining such present values shall be the rate at which such bonds\nbear interest on the date the refunding bonds are issued.\nNotwithstanding any other provision of law, no such bond or note of the\ncorporation shall mature more than nineteen years from the date of the\noriginal issue of such bond or note and, in any event, not later than\nJuly first, two thousand eight.\n  3. (a) No note or bond (i) shall mature more than thirty years from\nthe date of the original issue of such note or bond and, in any event,\nnot later than July first, two thousand eight or (ii) shall be issued on\na date later than December thirty-first, nineteen hundred eighty-four,\nunless such note or bond is a renewal or refunding of an outstanding\nnote or bond.\n  (b) No bond shall be issued by the corporation for a purpose set forth\nin subparagraph (d) of section three thousand thirty-seven of this\narticle and any note issued for such a purpose shall mature not later\nthan the end of the fiscal year in which it is originally issued.\n  (c) Whenever all or a portion of a series of notes or bonds of the\ncorporation is issued for a purpose set forth in section three thousand\nthirty-seven of this article, to the extent that the payment of the\nproceeds of such series is evidenced by a bond or bonds of the city, not\nmore than one year following a scheduled payment of principal on any\nsuch city bond (including sinking fund installments), a substantially\nequal payment of principal (including sinking fund installments) shall\nbe scheduled with respect to the notes or bonds included in such series\nof the corporation.\n  (d) Whenever all or a portion of a series of bonds or notes of the\ncorporation is issued for a purpose set forth in section three thousand\nthirty-seven-a of this title, the payment of the proceeds of such series\nof bonds or notes to the city shall be evidenced by a bond or bonds of\nthe city issued in accordance with applicable provisions of the state\nconstitution and local finance law then in effect at the time any such\nbond or bonds are issued; provided, however, that principal payments on\nany such issue of city bonds shall in no event be scheduled to fall on a\ndate later than the date on which falls a corresponding amount of\nscheduled principal payments on the series of bonds of the corporation\noriginally issued to provide such proceeds or issued to refund notes of\nthe corporation issued to provide such proceeds.\n  4. If the bond resolution or other resolution pursuant to which any\nobligations of the corporation are issued shall designate, with the\napproval of any emergency financial control board then established for\nthe city or, if none, then with the approval of the mayor, the\ncorporation may hereafter issue obligations which shall, upon maturity,\nat the election of the holder thereof if so provided in such\nobligations, be receivable at full face value and in lieu of cash in\npayment of any tax of the city, any installment of estimated tax of the\ncity, or any interest or penalties thereon. Any obligations of the\ncorporation so received in payment of any such tax or installment of\nestimated tax or interest or penalties shall be presented to the\ncorporation for payment to the city.\n  * NB The corporation shall continue for a term ending the later of\nJuly 1, 2008 or one year after its liabilities have been fully paid and\ndischarged per sub 1.\n
N.Y. PBH Law § 2897-C — New York Code / Act PBH / Article 28-D / Title 3 / Section 2897-C
Disposition of fees, fines, penalties and other moneys
Status: in_force

§ 2897-c. Disposition of fees, fines, penalties and other moneys. All\nfees, fines, penalties and other moneys derived from the operation of\nthis article shall be paid to the department and shall be paid by the\ndepartment to the state treasury, as provided in the state finance law.\n
N.Y. RPT Law § 925 — New York Code / Act RPT / Article 9 / Title 3 / Section 925
Payment of taxes by mail or designated delivery service
Status: in_force

§ 925. Payment of taxes by mail or designated delivery service. 1. (a)\nNotwithstanding any contrary provision of this chapter, or of any\ngeneral, special or local law, code or charter, if payment for the\namount of any taxes on real property, accompanied by the statement of\nsuch taxes, is enclosed in a postpaid wrapper properly addressed to the\nappropriate collecting officer and is deposited in a post office or\nofficial depository under the exclusive care and custody of the United\nStates postal service, such payment shall, upon delivery, be deemed to\nhave been made to such officer on the date of the United States postmark\non such wrapper. If the postmark does not appear on such wrapper or the\npostmark is illegible such payment shall be deemed to have been made on\nthe date of delivery to such collecting officer. As used in this\nsection, "taxes on real property" includes special ad valorem levies and\nspecial assessments.\n  (b) The provisions of this subdivision shall not apply to a payment\nthat has been made electronically pursuant to section five-b of the\ngeneral municipal law, but shall apply to a payment that has been mailed\nvia the United States postal service by a financial institution acting\npursuant to instructions given to it by a taxpayer electronically.\n  2. The provisions of subdivision one of this section shall be\napplicable to a payment delivered by a delivery service designated by\nthe secretary of the treasury of the United States pursuant to section\nseventy-five hundred two of the internal revenue code, subject to any\nwithdrawals and additions made pursuant to subparagraph (A) of paragraph\ntwo of subsection (a) of section six hundred ninety-one of the tax law.\nThe commissioner shall inform each affected municipality of any change\nin designated delivery services.\n  3. Any reference in subdivision one of this section to a United States\npostmark shall be treated as including a reference to any date recorded\nor marked in the manner described in section seventy-five hundred two of\nthe internal revenue code by a designated delivery service.\n  4. The provisions of this subdivision shall not apply in the case of\npostmarks not made by the United States post office or a designated\ndelivery service.\n  5. Notwithstanding the foregoing provisions of this section, in cities\nhaving a population of one million or more, any reference in subdivision\none of this section to the United States post office shall be treated as\nincluding a reference to any delivery service designated by the\nsecretary of the treasury of the United States pursuant to section\nseventy-five hundred two of the internal revenue code and any reference\nin subdivision one of this section to a United States postmark shall be\ntreated as including a reference to any date recorded or marked in the\nmanner described in section seventy-five hundred two of the internal\nrevenue code by a designated delivery service. If the commissioner of\nfinance of any such city finds that any delivery service designated by\nsuch secretary is inadequate for the needs of such city, the\ncommissioner of finance may withdraw such designation for purposes of\nthis title. The commissioner of finance may also designate additional\ndelivery services meeting the criteria of section seventy-five hundred\ntwo of the internal revenue code for purposes of this title, or may\nwithdraw any such designation if the commissioner of finance finds that\na delivery service so designated is inadequate for the needs of the\ncity. Any reference in subdivision one of this section to the United\nStates post office shall be treated as including a reference to any\ndelivery service designated by the commissioner of finance and any\nreference in subdivision one of this section to a United States postmark\nshall be treated as including a reference to any date recorded or marked\nin the manner described in section seventy-five hundred two of the\ninternal revenue code by a delivery service designated by the\ncommissioner of finance.\n
N.Y. PBA Law § 1383 — New York Code / Act PBA / Article 6 / Title 3 / Section 1383
Grants from commissioner of general services
Status: in_force

§ 1383. Grants from commissioner of general services. 1. The\ncommissioner of general services shall have power, in his discretion,\nfrom time to time to transfer and convey to the authority for such\nconsideration as may be determined by him to be paid to the state of New\nYork unappropriated state lands and lands under water which the\nauthority shall certify to be necessary or desirable for the corporate\npurposes of the authority. The state hereby further authorizes the\ncommissioner of general services, with the consent of the commissioner\nof mental hygiene and approval of the director of the budget, to grant\nto the authority a portion of the lands of the Saint Lawrence state\nhospital located in the county of Saint Lawrence, upon such terms and\nconditions, including consideration, as such commissioner may determine.\nThe portion of such lands of such hospital herein authorized to be\ngranted shall be taken from the southerly end of the hospital property\nadjacent to state highway route number thirty-seven, together with two\nparcels of land acquired by two deeds, one from Orville Cruikshank and\nCora Cruikshank McEwen, dated October 11, 1945, and recorded in Saint\nLawrence county clerk's office on November 8, 1945, in Liber 365 of\ndeeds at page 47, containing 96.42 acres, more or less, and the other\nfrom Hubert Webb and Irene Webb, dated October 13, 1945, and recorded in\nthe Saint Lawrence county clerk's office on November 8, 1945, in Liber\n365 of deeds at page 45, containing 34 acres, more or less, such lands\nbeing former farm lands of such hospital. The department of\ntransportation shall make an accurate survey of the parcels of such farm\nland to be granted and the grant to the authority may describe the land\naccording to such survey. The land so conveyed by the state to the\nauthority shall be utilized and developed by the authority for the\nestablishment of an industrial park.\n  2. Actual payment of the consideration for the grant as determined by\nthe commissioner of general services shall not be required as a\ncondition precedent to the issuance of such grant, but the amount\nthereof shall be certified by the commissioner to the state comptroller\nand shall be deemed an advance to the authority by the state, to be\nrepaid out of the port facilities development fund herein provided for\nunless the authority shall issue bonds for the development of such\nfacilities, in which event the advance to the authority by the state\nshall be repaid to the state out of the first proceeds of such issue of\nbonds.\n  3. The authority shall establish and maintain a port facilities\ndevelopment fund and shall cause all moneys received by it from the\noperation of such port facilities to be deposited in such fund for the\npayment of all costs of operation, maintenance and repair of the port\nfacilities and the repayment to the people of the state of New York of\nany advance made by the state to the authority, which repayment to the\npeople of the state of New York shall not exceed in any one year fifty\nper centum of the moneys received by the authority in excess of the\ncosts of operation, maintenance and repair of said port facilities.\n  4. Upon the issuance of said lease or grant by the commissioner of\ngeneral services pursuant to this act the authority shall assume all\nexpense of or incidental to the operation, maintenance, repair and\nadministration of said port facilities.\n  5. Except as to moneys and rates accrued thereunder at the time of\nvesting in the authority all the right, title and interest of the state\nin and to said port facilities as herein provided, and as incident\nthereto, there shall also vest in the authority all the right, title and\ninterest of the state in and to and in connection with the following\ncontracts, agreements and permits with third persons: (a) any and all\nexecutory contracts, agreements and permits for the use of said port\nfacilities by third persons as tenants, licensees, or otherwise, or for\nthe docking, mooring or anchorage thereat of vessels owned by third\npersons, or for the loading, unloading, handling, storage, processing or\nmanipulation of grain, freight, or other property of third persons, or\nfor the rendering of any other services to third persons at said pier\nproperties as wharfinger or warehouseman or otherwise; (b) any and all\nexecutory contracts and agreements for the furnishing by third persons\nof electricity, gas, steam, water or telephone service at said port\nfacilities.\n  6. The authority shall not grant or convey title to said port\nfacilities to any person or legal entity other than the people of the\nstate of New York.\n  7. If the authority shall violate any of the conditions herein set\nforth or such other conditions as the board of commissioners of the land\noffice heretofore included in any lease or grant of said port facilities\nor any other conditions as the office of general services may include in\nany lease or grant of said port facilities and such violation of any of\nsaid conditions shall not have been remedied by the authority within\nninety days after the giving of notice of the existence of such\nviolation by the commissioner of transportation of the state of New\nYork, then at the option of the state such port facilities shall revert\nto the people of the state of New York.\n  8. If the port facilities revert to the people of the state of New\nYork they shall be and shall be deemed to be unappropriated state lands.\n
N.Y. PBA Law § 3958 — New York Code / Act PBA / Article 10-D / Title 3 / Section 3958
Advisory period
Status: in_force

§ 3958. Advisory period. 1. During any advisory period the authority\nshall: (a) obtain from the county, the covered organizations and the\nstate comptroller, all information, financial statements and\nprojections, budgetary data and information, and management reports and\nmaterials as the authority deems necessary or desirable to accomplish\nthe purposes of this title; and inspect, copy and audit such books and\nrecords of the county and the covered organizations as the authority\ndeems necessary or desirable to accomplish the purposes of this title;\n  (b) review the operation, management, efficiency and productivity of\ncounty operations and of any covered organization's operations as the\nauthority may determine, and make reports and recommendations thereon;\nexamine the potential to enhance the revenue of the county or any\ncovered organization; audit compliance with the financial plan in such\nareas as the authority may determine; recommend to the county and the\ncovered organizations such measures relating to their operations,\nmanagement, efficiency and productivity as the authority deems\nappropriate to reduce costs, enhance revenue and improve services so as\nto advance the purposes of this title;\n  (c) consult with the county in the preparation of the budget of the\ncounty, comment on the provisions of the budget, the financial plan and\nthe financial plan modifications of the county as the authority deems\nnecessary or appropriate;\n  (d) review and comment on the terms of any proposed borrowing,\nincluding the prudence of each proposed issuance of bonds or notes to be\nissued by the county or any covered organization; and\n  (e) assess the impact of any collective bargaining agreement to be\nentered into by the county and such contracts, that, in the judgment of\nthe authority, may have a significant impact on the county's long-term\nfiscal condition.\n  2. During any advisory period, the county shall promptly provide all\ninformation requested by the authority, review the comments,\nassessments, reports and recommendations of the authority and publicly\nrespond thereto, addressing such matters as have been raised by the\nauthority.\n
N.Y. ENV Law § 29-0305 — New York Code / Act ENV / Article 29 / Title 3 / Section 29-0305
Operation of the commission
Status: in_force

* § 29-0305. Operation of the commission.\n  1. The commission may hire or contract with such persons as it deems\nnecessary, convenient, or desirable to carry out its duties pursuant to\nthis title.\n  2. Officers and employees of the commission shall be appointed in\naccordance with civil service rules; provided, however, that officers\nand employees of state departments and agencies may be transferred to\nthe commission without examination and without loss of any civil service\nstatus or rights. Each employee who is transferred pursuant to this\nsubdivision is deemed to be on leave of absence from his or her former\nposition during the tenure of the commission. No such transfer may,\nhowever, be made except with the approval of the head of the state\ndepartment or agency involved, the director of the budget and the\nchairman of the commission, and in compliance with the rules and\nregulations of the civil service commission of the state.\n  3. After the department has approved, pursuant to subdivision 2 of\nsection 29-0303 of this title, a preferred disposal method, the\ncommission, its employees, agents, consultants, or contractors may,\nafter proper notification and identification, enter at reasonable times\nupon such lands, waters or premises as in the judgment of the commission\nmay be necessary, convenient, or desirable for the purpose of making\nsurveys, soundings, borings, and examinations to accomplish any purposes\nauthorized by this title, the commission being liable for actual damage\ndone. Each such entry shall be commenced and completed with reasonable\npromptness. If the officer or employee obtains any samples prior to his\nleaving the premises, he shall give to the owner, operator, or agent in\ncharge a receipt describing the sample obtained and, if requested, a\nportion of each such sample equal in volume or weight to the portion\nretained. If any analysis is made of such samples, a copy of the results\nof such analysis shall be furnished promptly to the owner, operator, or\nagent in charge.\n  4. The commission shall require all computerized data generated by its\nstaff and contractors, when obtainable by the public pursuant to article\nsix of the public officers law, to be made available in a format that is\naccessible for general use.\n  * NB Commission existence pursuant to § 29-0309\n
N.Y. PBA Law § 1470-C — New York Code / Act PBA / Article 7 / Title 3-A / Section 1470-C
Purpose and powers of the authority
Status: in_force

* § 1470-c. Purpose and powers of the authority. The purpose of the\nauthority shall be to construct, operate and maintain one or more\nprojects in the city. To carry out said purpose, the authority shall\nhave power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To acquire, hold and dispose of personal property for its corporate\npurposes, including the power to purchase prospective or tentative\nawards in connection with the condemnation of real property;\n  4. To acquire in the name of the city by purchase or condemnation, and\nuse real property necessary or convenient. All real property acquired by\ncondemnation by the authority shall be acquired in the manner provided\nin the condemnation law or in the manner provided by law for the\ncondemnation of land by the city;\n  5. To make by-laws for the management and regulation of its affairs,\nand, subject to agreements with bondholders, for the regulation of the\nproject;\n  6. With the consent of the city to use agents, employees, and\nfacilities of the city, including the corporation counsel, paying to the\ncity its agreed proportion of the compensation or costs;\n  7. To appoint officers, agents and employees, to prescribe their\nqualifications and to fix their compensation; subject, however, to the\nprovisions of the civil service law, as hereinafter provided;\n  8. To make contracts and leases, and to execute all instruments\nnecessary or convenient;\n  9. To construct such buildings, structures and facilities as may be\nnecessary or convenient;\n  10. To reconstruct, improve, maintain and operate the projects;\n  11. To accept grants, loans or contributions from the United States,\nthe state of New York, or any agency or instrumentality of either of\nthem or the city, and to expend the proceeds for any purposes of the\nauthority;\n  12. To fix and collect rentals, fees and other charges for the use of\nthe projects or any of them subject to and in accordance with such\nagreements with bondholders as may be made as hereinafter provided;\n  13. To construct, operate or maintain in the projects all facilities\nnecessary or convenient in connection therewith; and to contract for the\nconstruction, operation or maintenance of any parts thereof or for\nservices to be performed; to rent parts thereof, and grant concessions,\nall on such terms and conditions as it may determine; provided, however,\nthat neither the authority, the city of Rome, or any agency of the\nauthority or city, or any other person, firm or corporation shall,\nwithin or on any property comprising a part of any project authorized by\nthis title, sell, dispense or otherwise handle any product used in or\nfor the servicing of any motor vehicle using any project or facility\nauthorized by this title, and provided further that the location of\nsites of the projects shall be subject to the prior advice of the\nplanning board of the city.\n  * NB City of Rome Parking Authority ceased to exist 12/31/2000 per §\n1470-b, and thereafter until all liabilities have been met/discharged,\nand all bonds paid/discharged\n
N.Y. PBA Law § 1388 — New York Code / Act PBA / Article 6 / Title 3 / Section 1388
Bonds of the authority
Status: in_force

§ 1388. Bonds of the authority. 1. The authority shall have power and\nis hereby authorized from time to time to issue negotiable bonds in\nconformity with applicable provisions of the uniform commercial code for\nany corporate purpose of the authority, including the paying, funding or\nrefunding of any notes theretofore issued by the authority under the\nprovisions of section thirteen hundred eighty-nine of this act. The\nauthority shall have power from time to time to refund any bonds by the\nissuance of new bonds, whether the bonds to be refunded have or have not\nmatured, and may issue bonds partly to refund bonds then outstanding and\npartly for any other corporate purpose. Except as may be otherwise\nexpressly provided by contract between the authority and the holders of\nits bonds, all bonds of the authority shall be general obligations\npayable out of any moneys or revenues of the authority, subject only to\nany agreements with the holders of particular bonds the payment of which\nis secured by a pledge of particular moneys or revenues.\n  2. Such bonds shall be authorized by resolution of the board and shall\nbear such date or dates, mature at such time or times, not exceeding\nforty years from their respective dates, bear interest at such rate or\nrates, not exceeding five per centum per annum payable annually or\nsemi-annually, be in such denominations, be in such form, either coupon\nor registered, carry such registration privileges, be executed in such\nmanner, be payable in lawful money of the United States of America at\nsuch place or places, and be subject to such terms of redemption prior\nto maturity, at par or a price not exceeding one hundred five per centum\nof the face value, as such resolution or resolutions may provide. Such\nbonds may be sold, with or without advertisement, in such manner as the\nauthority shall determine by resolution. If advertisement is made, a\nnotice of sale shall be published at least once, not less than ten nor\nmore than forty days before the date of sale, in a newspaper published\nand circulated in the city of Ogdensburg and in a financial newspaper\npublished and circulated in the city of New York and designated by the\nboard. The notice shall call for the receipt of sealed bids and shall\nfix the date, time and place of sale. Bonds shall be sold at such price\nor prices as will yield to the purchasers income at a rate not exceeding\nfive per centum per annum to the maturity dates of said bonds, computed\nin accordance with standard tables of bond values.\n  3. Any resolutions authorizing the issuance of any bonds may contain\nprovisions, which shall be a part of the contract with the holders of\nthe bonds thereby authorized, as to:\n  a. Pledging all or any part of the gross or net revenues of the\nauthority to secure the payment of the bonds, subject to such agreements\nwith bondholders as may then exist;\n  b. The rentals, fees and other charges to be charged for the use of\nprojects of the authority, and the amounts to be raised in each year\nthereby, and the use and disposition of revenues of the authority;\n  c. The setting aside of reserves or sinking funds and the regulation\nand disposition thereof;\n  d. The appointment of a bank or banks or trust company or trust\ncompanies as trustee or trustees for the custody and disposition of any\nmoneys of the authority, including the proceeds of any bonds or other\nobligations and any revenues or income of the authority, and the\nexecution of any trust agreements or indentures with such trustee or\ntrustees with such provisions as may be deemed necessary or desirable in\nconnection with the custody and disposition of such moneys of the\nauthority and the rights and remedies of the holders of such bonds;\n  e. Limitations on the right of the authority to restrict and regulate\nthe use of projects of the authority;\n  f. Limitations of the purpose to which the proceeds of the sale of any\nissue of bonds then or thereafter to be issued may be applied;\n  g. Limitations on the issuance of additional bonds, including the\nterms upon which additional bonds may be issued and secured;\n  h. The procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must give consent thereto, and the manner in which such consent\nmay be given; and\n  i. Any other matters, of like or different character, which in any way\naffect the security or protection of the bonds.\n  4. Any pledge of revenues or other moneys made by the authority shall\nbe valid and binding from the time when the pledge is made. The revenues\nor other moneys so pledged and thereafter received by the authority\nshall be immediately subject to the lien of such pledge without any\nphysical delivery thereof or further act. The lien of any such pledge\nshall be valid and binding as against all parties having claims of any\nkind in tort, contract or otherwise against the authority irrespective\nof whether such parties have notice thereof.  Neither the resolution nor\nany other instrument by which a pledge is created need be recorded.\n  5. Neither the members of the authority nor any person executing the\nbonds shall be liable personally on the bonds or be subject to any\npersonal liability by reason of the issuance thereof, excepting solely\nfor things willfully done or willfully omitted to be done with an intent\nto defraud.\n  6. The authority shall have power out of any funds available therefor\nto purchase any of its outstanding bonds at a price not more than the\nthen redemption price of such bonds. All bonds so purchased shall be\ncancelled.\n  7. Issuance by the authority of one or more series of bonds for one or\nmore purposes in connection with any industrial project shall not\npreclude it from issuing other bonds in connection with the same\nindustrial project or any other industrial project, but the proceedings\nwhereunder any subsequent bonds may be issued shall recognize and\nprotect any prior pledge or mortgage made for any prior issue of bonds\nunless in the proceedings authorizing such prior issue the right is\nreserved to issue subsequent bonds on a parity with such prior issue.\n
N.Y. PBA Law § 1071 — New York Code / Act PBA / Article 5 / Title 3 / Section 1071
Limitation of liability
Status: in_force

§ 1071. Limitation of liability. Neither the members of the authority,\nnor any person or persons acting in its behalf, while acting within the\nscope of their authority, shall be subject to any personal liability\nresulting from the erection, construction, reconstruction, maintenance\nor operation of the properties or any of the improvements or from\ncarrying out any of the powers expressly given in this title.\n
N.Y. VAT Law § 382-C — New York Code / Act VAT / Title 3 / Article 9 / Section 382-C
Occupant compartments
Status: in_force

§ 382-c. Occupant compartments.  The commissioner may prescribe, by\nregulation, standards consistent with federal motor vehicle safety\nstandards specifying requirements for instrument panels, seat backs,\nprotrusions (including knobs, switches, levers, handles, bezels, and\npanel contours), sun visors, arm rests, steering control systems and\nother similar components of the interior of the occupant's compartment\nof motor vehicles to afford impact protection for occupants. The\ncommissioner may limit the application of such regulations to specified\nclasses of vehicles; provided, however, that such regulations shall not\napply to any motor vehicle manufactured prior to June thirtieth,\nnineteen hundred sixty-seven. No motor vehicle shall be registered or\ndriven on the public highways of the state unless it is constructed,\nequipped or maintained as required by the regulations promulgated\npursuant to this section.\n
N.Y. PBA Law § 1396 — New York Code / Act PBA / Article 6 / Title 3 / Section 1396
Punishment for irregular demeanor of members or employees of authority
Status: in_force

§ 1396. Punishment for irregular demeanor of members or employees of\nauthority. It shall be a misdemeanor for a member of the authority or an\nofficer, agent, servant or employee employed by or appointed by the\nauthority, to be in any way or manner interested, directly or\nindirectly, as principal, surety or otherwise, in a contract, the\nexpense or consideration whereof is payable out of the funds of the\nauthority.\n
N.Y. VAT Law § 301-B — New York Code / Act VAT / Title 3 / Article 5 / Section 301-B
Heavy duty vehicle emissions
Status: in_force

§ 301-b. Heavy duty vehicle emissions. 1. It shall be a violation to\noperate a heavy duty vehicle which, when tested, exceeds emissions\nlevels set forth in section 19-0320 of the environmental conservation\nlaw or regulations adopted thereunder. The following penalties shall\napply to any violation found as a result of roadside emissions\ninspections:\n  a.     First violation:                    $700.00\n         Second and subsequent violations:   $1300.00.\n  b. The penalties set forth in paragraph a of this subdivision shall be\nreduced to one hundred fifty dollars for the first violation and five\nhundred dollars for the second and subsequent violations by the court or\nadministrative tribunal before which the summons or appearance ticket is\nreturnable if the violation set forth in the summons or appearance\nticket is corrected not later than thirty days after the issuance of the\nsummons or appearance ticket and proof of such correction, as defined in\nparagraph c of this subdivision, is submitted to the court or\nadministrative tribunal. The penalties described in this section shall\nnot apply to vehicles defined by section one hundred forty-two of this\nchapter or owned by a county, town, city, or village for a first\nviolation provided the vehicle is repaired within thirty days of ticket\nissuance.\n  c. Acceptable proof of repair or adjustment shall be submitted to the\ncourt or administrative tribunal on or before the return date of the\nsummons or appearance ticket in a form and manner prescribed by\nregulations adopted pursuant to this section.\n  2. It shall be a violation to operate any heavy duty vehicle\nregistered or required to be registered in this state without a\ncertificate of inspection resulting from an annual inspection as\nrequired by section 19-0320 of the environmental conservation law or\nregulations adopted thereunder. The following violation structure shall\napply to such violations:\n  a.     First violation:                    $ 700.00\n         Second and subsequent violations:   $1300.00.\n  b. The penalties defined in paragraph a of this subdivision shall be\nreduced to three hundred fifty dollars for the first violation and seven\nhundred fifty dollars for second and subsequent violations, provided\nthat the vehicle in question bears a certificate which was valid within\nthe last thirty days. The penalties described in this section shall not\napply to vehicles defined by section one hundred forty-two of this\nchapter or owned by a county, town, city, or village for a first\nviolation provided the vehicle is inspected within thirty days of ticket\nissuance.\n  3. Any fines collected for violations of this section shall be\ndeposited in the clean air fund, to the credit of the mobile source\naccount in accordance with the provisions of section ninety-seven-oo of\nthe state finance law.\n  4. Notwithstanding the provisions of this section, no penalty shall be\nimposed pursuant to this section where the operator of such vehicle has\nbeen convicted of the same violation arising from the same incident\npursuant to section 19-0320 of the environmental conservation law.\n
N.Y. PBA Law § 3972 — New York Code / Act PBA / Article 10-D / Title 3 / Section 3972
Effect of inconsistent provisions
Status: in_force

§ 3972. Effect of inconsistent provisions. Insofar as the provisions\nof this title are inconsistent with the provisions of any other act,\ngeneral or special, or of any charter, local law, ordinance or\nresolution of any municipality, the provisions of this title shall be\ncontrolling. Nothing contained in this section shall be held to\nsupplement or otherwise expand the powers or duties of the authority\notherwise set forth in this title.\n
N.Y. DOM Law § 116 — New York Code / Act DOM / Article 7 / Title 3 / Section 116
Orders of investigation and order of adoption
Status: in_force

§ 116. Orders of investigation and order of adoption. 1. When the\nadoptive child is less than eighteen years of age, no order of adoption\nshall be made until three months after the court shall have received the\npetition to adopt, except where the spouse of the adoptive parent is the\nbirth parent of the child and the child has resided with the birth\nparent and adoptive parent for more than three months, such waiting\nperiod shall not be required. The judge or surrogate may shorten such\nwaiting period for good cause shown, and, in such case the order of\nadoption shall recite the reason for such action. The three months\nresidence period specified in section one hundred twelve of title two of\nthis article and the three months waiting period provided in this\nsubdivision may run concurrently in whole or in part.\n  2. Stage one of private-placement adoption. At the time of receiving\nthe petition, agreement and consents, the judge or surrogate, upon\nfinding that the applicable provisions of this title have been complied\nwith and that it appears that the adoption may be in the best interests\nof the child, shall issue an order of investigation hereunder. The order\nof investigation shall require that the report of such investigation be\nmade in accordance with subdivision three of this section, and may\nrequire or authorize further investigations from time to time until the\ngranting of the order of adoption. Such order shall direct that such\ninvestigation shall not unnecessarily duplicate any previous\ninvestigations which have been made of the petitioner or petitioners\npursuant to section one hundred fifteen-d of this title. Should such\ninvestigation give apparent cause, the judge or surrogate shall require\nthe petitioner or petitioners to show cause why the child should not be\nremoved from the home, upon due notice to all persons whose consent is\nrequired for the adoption, and in any case where the consent of the\nbirth mother would not otherwise be required, the judge or surrogate may\nin his discretion require that she be given due notice. On the return\ndate the judge or surrogate shall take proof of the facts shown by any\nsuch investigation. If the court is satisfied that the welfare of the\nchild requires that it be removed from the home, the judge or surrogate\nshall by order remove the child from the home of the petitioner or\npetitioners and return the child to a birth parent or place the child\nwith an appropriate authorized agency, or, in the case of a surrogate,\ntransfer the child to the family court. The judge or surrogate may also\nrequire that notice be given to an appropriate authorized agency.\n  3. The judge or surrogate shall cause to be made an investigation by a\ndisinterested person who in the opinion of the judge or surrogate is\nqualified by training and experience, or by an authorized agency\nspecifically designated by him to examine into the allegations set forth\nin the petition. A post-placement investigation conducted pursuant to\nthe provisions of this section shall be made by a disinterested person\nwho in the opinion of the judge or surrogate is qualified by training\nand experience to perform post-placement investigations. Such\ndisinterested person shall certify to the court that he or she is a\ndisinterested person and has no interest in the outcome of petitioner's\nor petitioners' application. Such disinterested person shall further\ndisclose to the court any fee paid or to be paid to such person for\nservices rendered in connection with the post-placement investigation.\nThe investigator shall make a written report of his investigation into\nthe truth and accuracy of the allegations of the petition, and, where\napplicable, into the statements contained in the affidavit required by\nsection one hundred fifteen of this title, and he shall ascertain as\nfully as possible, and incorporate in his report the various factors\nwhich may bear upon the determination of the application for adoption\nincluding, but not limited to, the following information:\n  (a) the marital and family status, and history, of the adoptive\nparents and adoptive child;\n  (b) the physical and mental health of the adoptive parents and\nadoptive child;\n  (c) the property owned by and the income of the adoptive parents;\n  (d) the compensation paid or agreed upon with respect to the placement\nof the child for adoption;\n  (e) whether either adoptive parent has ever been respondent in any\nproceeding concerning allegedly abused, neglected, abandoned or\ndelinquent children;\n  (f) any other facts relating to the familial, social, religious,\nemotional and financial circumstances of the adoptive parents which may\nbe relevant to a determination of adoption.\n  The written report of investigation shall be submitted to the judge or\nsurrogate within thirty days after the same is directed to be made,\nunless for good cause shown the judge or surrogate shall grant a\nreasonable extension of such period. The report shall be filed with the\njudge or surrogate, in any event, before the final order of adoption is\ngranted.\n  4. Stage two of private-placement adoption. If the judge or surrogate\nhas found that there has been compliance with all the requirements\nhereof and is satisfied that the best interests of the child will be\npromoted by granting an order of adoption, the provisions of section one\nhundred fourteen of title two of this article shall apply.\n  5. As used in this section, "disinterested person" includes the\nprobation service of the family court, a licensed master social worker,\nlicensed clinical social worker, or an authorized agency specifically\ndesignated by the court to conduct pre-placement investigations.\n
N.Y. LAB Law § 275 — New York Code / Act LAB / Article 11 / Title 3 / Section 275
Special laws and local ordinances
Status: in_force

§ 275. Special laws and local ordinances. The requirements of sections\ntwo hundred and seventy to two hundred and seventy-four, inclusive, are\nnot in substitution for the requirements of any general or special law\nor local ordinance relating to the construction, equipment or\nmaintenance of buildings, but the provisions of such general and special\nlaws and local ordinances shall be observed as well as the provisions of\nsaid sections. The provisions of sections two hundred and seventy to two\nhundred and seventy-four, inclusive, shall supersede all provisions\ninconsistent therewith in any special law or local ordinance, and any\nprovision of law or ordinance which gives power to any officer to\nestablish requirements inconsistent with the provisions of such sections\nor the rules adopted by the board under the provisions of this chapter.\n
N.Y. VAT Law § 334 — New York Code / Act VAT / Title 3 / Article 7 / Section 334
Suspension waived upon payment of judgment in installments
Status: in_force

§ 334. Suspension waived upon payment of judgment in installments.\n(a) The commissioner shall not suspend a license or registration of a\nmotor vehicle, and shall restore any license or registration suspended\nfollowing non-payment of a judgment, when the judgment debtor gives\nproof of his financial responsibility in the future as hereinafter\nprovided, and when the judgment debtor obtains an order from the court\nin which such judgment was rendered, permitting the payment of such\njudgment in installments, and while the payment of any said installment\nis not in default.\n  (b) A judgment debtor upon five days' notice to the judgment creditor\nmay apply to the court in which such judgment was obtained for the\nprivilege of paying such judgment in installments and the court, in its\ndiscretion and without prejudice to any other legal remedies which the\njudgment creditor may have, may so order, fixing the amounts and times\nof payment of the installments.\n  (c) In the event the judgment debtor fails to pay any installment as\npermitted by the order of the court, then upon notice of such default\nthe commissioner shall forthwith suspend the license and registration\ncertificates and registration plates of the judgment debtor until such\njudgment is satisfied as provided in this article.\n  (d) Provided, however, if the judgment creditor consents in writing,\nin such form as the commissioner may prescribe, that the judgment debtor\nbe allowed license and registration the same may be allowed by the\ncommissioner, in his discretion, notwithstanding default in the payment\nof such judgment or of any installments thereof, for six months from the\ndate of such consent and thereafter until such consent is revoked in\nwriting, if the judgment debtor furnishes proof of his financial\nresponsibility in the future as hereinafter provided.\n
N.Y. PBH Law § 349 — New York Code / Act PBH / Article 3 / Title 3 / Section 349
County or part-county boards of health; other health functions; hospitals and laboratories
Status: in_force

§ 349. County or part-county boards of health; other health functions;\nhospitals and laboratories.  In any county in which a county health\ndistrict has been or is hereafter established, the boundaries of which\nare coterminous with the county, the board of supervisors shall have\npower to abolish the board of managers of the county tuberculosis\nhospital, or of the county public general hospital, or of the county\nlaboratory, and, if so abolished, shall confer all the powers and duties\nof any or all of such boards of managers upon the county board of\nhealth.\n
N.Y. PBH Law § 342 — New York Code / Act PBH / Article 3 / Title 3 / Section 342
County or part-county health districts; withdrawal of a city
Status: in_force

§ 342. County or part-county health districts; withdrawal of a city.\n1. The governing authorities of any city which has consented to be\nincluded in a county or part-county health district, may, at any time\nafter three years shall have elapsed since such city has been included\nin such health district, by resolution adopted by said authorities,\nprovide for the withdrawal of such city from the county or part-county\nhealth district.\n  2. Before such action for the withdrawal of a city from a county or\npart-county health district is taken an opportunity shall be given for a\npublic hearing before such governing authorities. Public notice shall be\ngiven and the board of health of the county or part-county health\ndistrict shall be notified in writing, at least thirty days in advance,\nof the time and place of such hearing.\n  3. The withdrawal of a city from a county or part-county health\ndistrict, shall become effective at a time to be stated in the\nresolution adopted by the governing authorities of the city pursuant to\nthe provisions of this section, which said time shall be not less than\nthirty days from the date of the adoption of said resolution. Upon the\ndate when such resolution shall become effective, the local health\ndistrict of such city shall be reinstated and it shall have all the\npowers of a local health district as though such city had not been\nincluded in the county or part-county health district pursuant to the\nprovisions of this article.\n
N.Y. GOB Law § 5-328 — New York Code / Act GOB / Article 5 / Title 3 / Section 5-328
Processing fee by holder of dishonored check
Status: in_force

§ 5-328. Processing fee by holder of dishonored check. 1. As used in\nthis section the following terms shall have the following meanings:\n  (a) "Holder of a check" means the holder or its assignee,\nrepresentative or any other person retained by the holder to seek\ncollection of the face value of a dishonored check.\n  (b) "Dishonored check" means a check, draft or like instrument drawn\non a bank or depository institution as full or partial payment for an\nunpaid balance on an account, or for other extensions of credit or\npayments of money in connection with a consumer transaction, which is\nnot paid or is dishonored or is returned by such institution due to\ninsufficient funds or other cause not attributable to the holder.\n  (c) "Consumer transaction" means a transaction in which a natural\nperson is extended credit for, or purchases or leases, personal\nproperty, money or services primarily for personal, family or household\npurposes.\n  (d) "Account" means a loan account, a retail credit account or an\nobligation under a retail lease agreement, retail instalment contract or\nretail instalment obligation or a retail instalment credit agreement, as\ndefined in sections three hundred one, three hundred thirty-one and four\nhundred one of the personal property law.\n  2. Notwithstanding the provisions of any law:\n  (a) The holder of a dishonored check given in payment for a consumer\ntransaction or an account may collect from, charge, or add to the\noutstanding balance of the account of, the person from whom such check\nwas received or to whom such credit was extended, a dishonored check\ncharge of not more than the lesser of the amount agreed upon, if\ncontracted for, or twenty dollars.\n  (b) A dishonored check charge shall not be deemed a credit service\ncharge, interest or an incident to or a condition to the extension of\ncredit, for any purpose of law.\n  3. (a) Notwithstanding any other provision of law, any person to whom\na check, draft or like instrument, other than a money order, bank\ncashier's check or certified check, is tendered for any transaction,\nother than a consumer transaction, may, if such instrument is dishonored\ncharge or collect from the maker or drawer the amount of twenty dollars\nfor the return of such unpaid or dishonored instrument.\n  (b) Notwithstanding any other provision of this subdivision, a\nlandlord, lessor, sub-lessor or grantor to whom a check, draft or like\ninstrument, other than a money order, bank cashier's check or certified\ncheck, is tendered for payment of rent, may if such instrument is\ndishonored charge or collect from the maker or drawer the amount of\nactual costs, charges or fees incurred by such landlord, lessor,\nsub-lessor or grantor for the return of such dishonored check or the\namount set forth in paragraph (a) of this subdivision, whichever is\ngreater, provided that:\n  (i) if the payment, fee or charge exceeds the amount set forth in\nparagraph (a) of this subdivision the landlord, lessor, sub-lessor or\ngrantor shall provide to the tenant upon request evidence substantiating\nthe equivalence between the payment, fee or charge and the amount of\nactual costs, charges or fees incurred for the return of the dishonored\ncheck; and\n  (ii) such dishonored check charge was contracted for in the lease\nagreement between the tenant and landlord, lessor, sub-lessor or grantor\nin accordance with the requirements of subdivision two-a of section two\nhundred thirty-eight-a of the real property law. The provisions of this\nparagraph shall not apply to a shareholder of a cooperative housing\ncorporation, provided, however, that the provisions of this paragraph\nshall apply with respect to any tenant or subtenant of such a\nshareholder.\n
N.Y. VAT Law § 301 — New York Code / Act VAT / Title 3 / Article 5 / Section 301
Periodic inspection of all motor vehicles
Status: in_force

§ 301. Periodic inspection of all motor vehicles. (a) The commissioner\nshall require that every motor vehicle registered in this state be\ninspected once each year for safety, and at least biennially for\nemissions as provided for pursuant to paragraph two of subdivision (d)\nof this section, and in accordance with the provisions of this article,\nand that every motor vehicle sold or transferred for use on the public\nhighways of this state by a dealer registered under section four hundred\nfifteen of this chapter to any person other than another such registered\ndealer or transferred for no remuneration by such a registered dealer to\nany person other than to a welfare to work program authorized by the New\nYork state department of labor, a private industry council, a county or\na social services district for the sole use of public assistance\nrecipients or applicants participating in the welfare to work program to\nwhich such vehicle is transferred must be inspected and bear a valid\ncertificate or certificates of inspection prior to delivery to the\npurchaser or transferee. Provided, however, that nothing contained\nherein shall be deemed to exempt any motor vehicle so transferred to a\nwelfare to work program pursuant to the provisions of this subdivision\nfrom being inspected in accordance with the provisions of this section\nor from complying with all other applicable provisions of this chapter,\nincluding registration and financial security, prior to operation on any\npublic highway.\n  (b) The commissioner shall also require the inspection of any motor\nvehicle duly registered under the laws of another state, a province of\nCanada, a territory or a federal district to the extent to which such\nstate, province, territory or federal district requires the inspection\nof motor vehicles duly registered under the laws of this state.\n  (c) (1) (a) A safety inspection shall be made with respect to the\nbrakes; steering mechanism; wheel alignment; lights, including but not\nlimited to the lights which are designed and placed on a vehicle for the\npurpose of illuminating the vehicle's license plates; odometer; tire\npressure; seat safety belts; shoulder harness safety belts; any window\nwhich is composed of, covered by or treated with any material which has\na light transmittance of less than seventy percent pursuant to section\nthree hundred seventy-five of this title and such other mechanisms and\nequipment as shall be determined by the commissioner to be necessary for\nproper and safe operations. Such inspection shall also be made with\nrespect to vehicle identification number. Upon inspection, the mileage\nappearing on the odometer shall be recorded upon the inspection sticker.\n  (b) In the case of any passenger car manufactured on or after\nSeptember first, nineteen hundred ninety-seven, during the course of the\nvehicle safety inspection, the readiness of the inflatable restraint\nsystem, by means of the readiness indicator, shall be noted on the\ninvoice supplied to the consumer. The system's lack of readiness shall\nnot be considered grounds for the vehicle to fail the safety inspection\nprovided for in subparagraph (a) of this paragraph.\n  (2) Such inspection may also include a visual inspection prescribed by\nthe commissioner to determine the presence and correct installation of\nany air contaminant emission systems or devices which are required by\nstate or federal law or any rules or regulations pursuant thereto;\nprovided that for any vehicle not subject to an emission inspection\npursuant to subdivision (d) of this section, such visual inspection\nshall be performed.\n  (3) Improper tire pressure shall not be reason for failure of the\ninspection.\n  (d) (1) The commissioner, in consultation with the commissioner of\nenvironmental conservation, shall implement a program of motor vehicle\nemissions inspections with respect to any motor vehicles or class of\nmotor vehicles which are required by federal law or any rules or\nregulations issued pursuant thereto or by any state law or any rules or\nregulations issued pursuant thereto, including rules and regulations\nissued by the department of environmental conservation, to meet\nstandards applicable to the emission of any kind of substance by such\nvehicles or engines or to contain any equipment, systems or design\nfeatures to reduce such emission. The commissioner shall establish\nregulations for such inspections. Such regulations shall include\nprovision for cooperating with the commissioner of environmental\nconservation to notify owners of vehicles that have failed emission\ninspections of the availability of mobile source emission reduction\ncredit trading programs pursuant to section 19-0301 of the environmental\nconservation law.\n  (2) Such inspection shall be performed biennially; provided however\nthat the commissioner may require emission inspections more frequently\nthan biennially if the commissioner of environmental conservation, in\nconsultation with the commissioner, makes a determination that more\nfrequent emission inspections are necessary to comply with federal\nrequirements or a court order; and provided that an emission inspection\nprogram in operation prior to nineteen hundred ninety-three shall\ncontinue to require emission inspections at least annually until January\nfirst, nineteen hundred ninety-six.\n  (3) Such inspection shall be performed at a facility that only\nperforms inspections if the commissioner of environmental conservation,\nin consultation with the commissioner, makes a determination that such\nrestriction is necessary to meet federal requirements. In no event shall\nany facility operating pursuant to a contract with the commissioner,\nentered into pursuant to subdivision (a) of section three hundred three\nof this chapter, be allowed to perform repairs; provided however, that\nsuch a facility shall be allowed to perform repairs at no charge that\nare incidental to the inspection process.\n  (4) The commissioner shall establish an emission system repair\ntraining program, for purposes of enhancing the quality and reliability\nof emission system repair services available from official repair\nstations in all areas where emission inspections are required under this\nsection.\n  (e) The requirements of air contamination emission system inspection\nshall not apply to historical motor vehicles registered pursuant to\nschedule G of subdivision seven of section four hundred one of this\nchapter unless required by federal law.\n  (f) The department is authorized, in consultation with the departments\nof environmental conservation and transportation, to adopt rules and\nregulations necessary to implement a heavy duty vehicle inspection\nprogram pursuant to section 19-0320 of the environmental conservation\nlaw and implement such program by June first, nineteen hundred\nninety-nine.\n
N.Y. ENV Law § 3-0304 — New York Code / Act ENV / Article 3 / Title 3 / Section 3-0304
The department shall compile and maintain an inventory of educational resources for teaching the principles of environmental conservation...
Status: in_force

§ 3-0304. The department shall compile and maintain an inventory of\n            educational resources for teaching the principles of\n            environmental conservation in New York state.\n  Inventory of educational resources for teaching the principles of\nenvironmental conservation in New York state. l. Legislative findings.\nThe people of the state of New York, through the temporary state\ncommission on youth education in environmental conservation, have\nexpressed the need for resource information assistance if they are to\nimprove their local programs in environmental education.\n  The legislature hereby affirms this need and declares that a\nregionally responsive system for identifying resources through a\nstatewide inventory and for referring inquiries to appropriate sources\nmust be developed if we are to maintain and improve the quality of our\nenvironment.\n  The department, in consultation with the department of education and\nthe office of parks, recreation and historic preservation shall compile\nand maintain an inventory of education resources for teaching the\nprinciples of environmental conservation in New York state.\n  2. This information shall be used as the basis for a clearing house\nfor materials pertaining to environmental conservation education which\nshall be available for public use. A revised and up-to-date inventory\nshall be available to the public and widely distributed on or before\nSeptember 1, 1991. The clearinghouse shall maintain information on, but\nnot limited to, the following:\n  a. Natural resources and facilities which can be used for educational\npurposes.\n  b. Conservation and environmental organizations, both public and\nprivate.\n  c. Resource personnel.\n  d. Curriculum resources.\n  e. A calendar of environmental education activities.\n
N.Y. ENV Law § 25-0302 — New York Code / Act ENV / Article 25 / Title 3 / Section 25-0302
Land-use regulation of tidal wetlands
Status: in_force

§ 25-0302. Land-use regulation of tidal wetlands.\n  1. Upon completion of the inventory the commissioner shall adopt\nland-use regulations governing the uses of said inventoried wetlands.\nIn preparing such regulations the commissioner shall be guided by\nfactors including, but not limited to, the public policy set forth in\nthis act as well as the present and potential value of the particular\nwetland for marine food production, as a wildlife habitat, as an element\nof flood and storm control, and as a source of recreation, education and\nresearch.  The commissioner shall determine what uses of inventoried\nwetlands may be compatible with any or all of the foregoing, and he\nshall prepare such appropriate land-use regulations as may permit only\nsuch compatible uses. These regulations shall be filed with the\nsecretary of state and shall take effect thirty days after such filing.\nA copy of such regulations shall also be simultaneously forwarded by\ncertified mail to the chief administrative officer of each municipality\nwithin whose boundary any such wetland or portion thereof is located. No\npermits may be granted by any local body, nor shall any construction or\nactivity take place at variance with these regulations.\n  2. The placing of any tidal wetlands under a land-use regulation which\nrestricts its use shall be deemed a limitation on the use of such\nwetlands for the purposes of property tax valuation, in the same manner\nas if an easement or right had been acquired under the general municipal\nlaw. Assessment shall be based on present use under the restricting\nregulation.\n
N.Y. PBA Law § 1470 — New York Code / Act PBA / Article 7 / Title 3-A / Section 1470
Short title
Status: in_force

* § 1470. Short title. This title may be cited as the "City of Rome\nparking authority act".\n  * NB City of Rome Parking Authority ceased to exist 12/31/2000 per §\n1470-b, and thereafter until all liabilities have been met/discharged,\nand all bonds paid/discharged\n
N.Y. DOM Law § 77-A — New York Code / Act DOM / Article 5-A / Title 3 / Section 77-A
Enforcement under Hague Convention
Status: in_force

§ 77-a. Enforcement under Hague Convention. Under this act, a court of\nthis state may enforce an order for the return of the child made under\nthe Hague Convention on the Civil Aspects of International Child\nAbduction as if it were a child custody determination.\n
N.Y. ENV Law § 13-0340-G — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0340-G
Monkfish (Lophius americanus, Lophius reticulatus and Lophius gastrophysus)
Status: in_force

§ 13-0340-g. Monkfish (Lophius americanus, Lophius reticulatus and\n               Lophius gastrophysus).\n  The department may, until December thirty-first, two thousand\ntwenty-seven, fix by regulation measures for the management of monkfish\n(Lophius americanus, Lophius reticulatus and Lophius gastrophysus),\nincluding size limits, catch and possession limits, open and closed\nseasons, closed areas, restrictions on the manner of taking and landing,\nrequirements for permits and eligibility therefor, recordkeeping\nrequirements, requirements on the amount and type of fishing effort and\ngear, and requirements relating to transportation, possession and sale,\nprovided that such regulations are no less restrictive than requirements\nset forth in this chapter and provided further that such regulations are\nconsistent with the compliance requirements of applicable fishery\nmanagement plans adopted by the Atlantic States Marine Fisheries\nCommission and with applicable provisions of fishery management plans\nadopted pursuant to the Federal Fishery Conservation and Management Act\n(16 U.S.C. § 1800 et seq.).\n
N.Y. ENV Law § 3-0311*2 — New York Code / Act ENV / Article 3 / Title 3 / Section 3-0311*2
State agency environmental audits
Status: in_force

* § 3-0311. State agency environmental audits.\n  1. Each state agency as defined in subdivision five of this section\nshall annually audit the environmental problems created by its\noperations or the operations of contractors it has hired and over whom\nit has exercised or is required to exercise direct oversight, acting in\nfulfillment of their contracts. Such audit shall identify the extent to\nwhich these operations are in violation of this chapter, or regulations\nadopted thereunder. Each such state agency shall submit a report to the\ndepartment on or before April first of each year. The report shall:\n  a. describe:\n  (1) each identified violation, including the year each violation was\nfirst reported to the department;\n  (2) the progress made in remedying any identified violations, and in\nremedying the violations identified in the previous year's audit and the\npast problems previously identified in the department's report dated\n"January 1990" titled "Past Practices Assessment Report";\n  (3) disbursements to remedy individual violations or past problems\nmade during the previous year and disbursements recommended to be made\nor made during the current fiscal year; and\n  (4) the steps being taken to assure future compliance with state laws\nand regulations, including any new policies developed to address\npatterns of violations identified by the audit.\n  b. rank each violation and past problem based on the threat each poses\nto the public health or the environment, so that each is placed into one\nof the following classifications:\n  (1) presents an imminent substantial threat to the public health or\nthe environment;\n  (2) presents a potential substantial threat to the public health or\nthe environment;\n  (3) presents a discernible but not substantial threat to the public\nhealth or the environment; or\n  (4) no evidence of discernible threat to the public health or the\nenvironment.\n  c. include a remedial plan for the correction of all existing\nidentified violations and uncorrected past environmental problems\npreviously identified in the "Past Practices Assessment Report". Such\nremedial plan shall specify:\n  (1) the actions the agency intends to take to remedy each violation or\nproblem;\n  (2) an estimate of the costs, if any, of bringing each violation or\nproblem into compliance, and a total cost estimate for remedying all\nviolations and uncorrected past problems; and\n  (3) a projected time schedule for remedying each violation or problem.\n  2. In addition to the audit prepared pursuant to subdivision one of\nthis section, each state agency shall report to the department any\nviolation of this chapter, or regulations adopted thereunder, that\npresents an imminent substantial, potential substantial, or discernible\nthreat to the public health or the environment, which has been committed\non agency property by the agency's lessees or other persons and of which\nthe agency has become aware.\n  3. The department shall, before September first of each year, submit\nan annual report to the governor, the director of the budget, the\ntemporary president of the senate, the speaker of the assembly, the\nchairman of the senate environmental conservation committee, the\nchairman of the assembly environmental conservation committee, the\nchairman of the senate finance committee, the chairman of the assembly\nways and means committee, and the chairman of the assembly committee on\noversight, analysis and investigation.\n  The report shall include:\n  a. a summary of the major categories of violations or uncorrected past\nproblems previously identified in the "Past Practices Assessment Report"\ndated January, nineteen hundred ninety;\n  b. a description of each violation or uncorrected past environmental\nproblem, including an indication of the year each violation was first\nreported to the department and an identification of the rank as\ndetermined by each agency, pursuant to paragraph (b) of subdivision one\nof this section, with any reordering of rankings as determined by the\ndepartment;\n  c. a description of the progress made in remedying any reported\nviolations or past environmental problems, and in remedying the\nviolations identified in the previous year's audit, and a listing of\ndisbursements to remedy violations or past problems made during the\nprevious year and disbursements recommended to be made or made during\nthe current fiscal year;\n  d. a description of enforcement efforts which the department has\ncompleted to remedy violations noted in the current or previous year's\naudit report, including whether the department has taken administrative,\ncivil, or criminal enforcement actions;\n  e. if the department and the agency have entered into a consent decree\nregarding the violation or problem, the date the violation or problem\nwas first identified by the department; the date the consent decree was\nsigned; the date by which, according to the consent decree, the\nviolation or problem is to be remedied; and if the remedy date has been\nextended, the date such extension was granted and the revised remedy\ndate;\n  f. a description of each agency's remedial plan for the correction of\nall existing identified violations and uncorrected past environmental\nproblems, specifying:\n  (1) the actions the agency intends to take to remedy each violation or\npast problem;\n  (2) the agency's estimate of the costs, if any, of bringing each\nviolation or problem into compliance, and a total estimate for each\nagency of the costs of remedying all violations and uncorrected past\nproblems; and\n  (3) the agency's projected time schedule for remedying each violation\nor past problem;\n  g. a determination by the department of the adequacy of each agency's\nproposed remedial plan:\n  (1) for violations and past problems that pose an imminent substantial\nthreat to the public health or the environment;\n  (2) for violations and past problems that pose a potential substantial\nthreat to the public health or the environment; or\n  (3) that the department has been required to review pursuant to\nsubdivision four of this section prior to the disbursement of any\nappropriation for such purpose.\n  If the department determines that the agency's plan is inadequate, the\ndepartment shall provide a statement explaining this determination. No\ndetermination of adequacy need be included in the report for remedial\nplans that are the subject of a pending enforcement action or permit\nproceeding. Remedial plans that are included as part of a completed\nenforcement action or permit proceeding shall be deemed to have been\ndetermined to be adequate; and\n  h. a listing of violations committed by lessees or other persons\nreported by each state agency pursuant to subdivision two of this\nsection, and the actions the department has taken to cause each such\nviolation to be remedied.\n  i. The department may, at its discretion, include any of the\ninformation listed in paragraphs (b) through (h) of this subdivision or\nany additional appropriate material within appendices to the report.\n  4. Within its requested budget, each state agency shall set forth in\nthe aggregate all proposed appropriations for the purposes of remedying\nits violations of the environmental conservation law or regulations\nadopted thereunder. The amount requested to remedy each functional\ncategory of violation as well as project specific information for each\nfunctional category of violation shall also be set forth. A priority\ncriterion to be considered in determining such proposed appropriations\nshall be the ranking of such violations as determined by the agency\npursuant to paragraph (b) of subdivision one of this section, with any\nreordering of rankings as determined by the department. Amounts\nappropriated shall be disbursed for remediation of the violation or\nenvironmental problem only upon review and determination by the\ndepartment of the adequacy of the remedial plan for correction of any\nsuch violation or environmental problem.\n  5. As used in this section, the term "state agency" or "agency" shall\nmean:\n  a. each state department;\n  b. Division of Military and Naval Affairs, Division of State Police,\nDivision of Housing and Community Renewal, Division for Youth, Office of\nGeneral Services, Office of Parks, Recreation and Historic Preservation,\nand State University of New York;\n  c. any other division, board, commission, office, or bureau of the\nstate which is required to obtain a permit or approval from the\ndepartment or which undertakes an activity for which it must register\nwith the department;\n  d. Albany Port District Commission, Battery Park City Authority,\nCapital District Transportation Authority, Central New York Regional\nTransportation Authority, Dormitory Authority of the State of New York,\nFacilities Development Corporation, Metropolitan Transportation\nAuthority (including the operations of all of its operating units), New\nYork State Energy Research and Development Authority, New York State\nEnvironmental Facilities Corporation, New York State Olympic Regional\nDevelopment Authority, New York State Thruway Authority, New York State\nUrban Development Corporation, Niagara Frontier Transportation\nAuthority, Ogdensburg Bridge and Port Authority, Port Authority of New\nYork and New Jersey, Port of Oswego Authority, Power Authority of the\nState of New York, Rochester-Genesee Regional Transportation Authority;\nand\n  e. any other major agency, public authority or public benefit\ncorporation which performs a state function and which is identified by\nthe commissioner for the purpose of complying with this section.\n  6. On or before February fifteenth, nineteen hundred ninety-two and\nthereafter as may be necessary, the department shall develop guidelines\nfor the preparation of environmental audits by state agencies and for\nthe ranking of violations and problems based on the threat each poses to\nthe public health or the environment, pursuant to paragraph (b) of\nsubdivision one of this section.\n  * NB There are 2 § 3-0311's\n
N.Y. MRE Law § 172 — New York Code / Act MRE / Article 5 / Title 3 / Section 172
Plumbing and drainage
Status: in_force

§ 172. Plumbing and drainage. All liquid or water-borne waste from\nplumbing fixtures shall be conveyed by a house drain and house sewer to\na street sewer or to a combined street storm water main and sewer,\nunless no such sewers are available.  Where neither kind of sewer is\navailable, provision shall be made for disposing of such waste as may be\npermitted pursuant to article five of the public health law and as\nrequired by local law or ordinance.\n
N.Y. PBH Law § 2897-D — New York Code / Act PBH / Article 28-D / Title 3 / Section 2897-D
Injunctive relief
Status: in_force

§ 2897-d. Injunctive relief. The attorney general may apply to the\nsupreme court within the judicial district in which a violation of this\narticle is alleged to have occurred for an order enjoining or\nrestraining commission or continuance of the acts complained of.\nThereupon the court shall have jurisdiction of the proceeding and shall\nhave power to grant such temporary relief or restraining order as it\ndeems just and proper. In any such proceeding it shall be unnecessary to\nallege or prove that an adequate remedy at law does not exist or that\nirreparable damage would result if such order were not granted.  The\nremedy provided by this section shall be in addition to any other remedy\nprovided by law.\n
N.Y. ENV Law § 56-0311 — New York Code / Act ENV / Article 56 / Title 3 / Section 56-0311
Dam safety projects
Status: in_force

§ 56-0311. Dam safety projects.\n  Of the moneys received by the state from the sale of the bonds\npursuant to the Clean Water/Clean Air Bond Act of 1996, fifteen million\ndollars shall be used for state assistance payments to municipalities\nfor the cost of dam safety projects which have been approved by the\ncommissioner.\n
N.Y. PBH Law § 31 — New York Code / Act PBH / Article 1 / Title 3 / Section 31
Establishment of the office of Medicaid inspector general
Status: in_force

§ 31. Establishment of the office of Medicaid inspector general. 1.\nThere is hereby created within the department the office of Medicaid\ninspector general. Pursuant to section three hundred sixty-three-a of\nthe social services law, the department is the single state agency for\nthe administration of the medical assistance program in New York state,\nprovided that the office shall undertake and be responsible for the\ndepartment's duties as the single state agency with respect to: (a)\nprevention, detection and investigation of fraud and abuse within the\nmedical assistance program; (b) referral of appropriate cases for\ncriminal prosecution; and (c) recovery of improperly expended medical\nassistance funds. Such responsibility shall include, but not be limited\nto, medical assistance program audit functions, pursuant to sections\nthree hundred sixty-four and three hundred sixty-eight-c of the social\nservices law, and the function of medical assistance program fraud and\nabuse prevention, pursuant to sections one hundred forty-five-a and one\nhundred forty-five-b of the social services law (transferred to the New\nYork state department of health from the former department of social\nservices pursuant to subdivision (e) of section one hundred twenty-two\nof part B of chapter four hundred thirty-six of the laws of nineteen\nhundred ninety-seven).\n  2. The head of the office shall be the Medicaid inspector general who\nshall be appointed by the governor by and with the advice and consent of\nthe senate. The inspector shall serve at the pleasure of the governor.\nThe inspector shall report directly to the governor. The person\nappointed as inspector shall, upon his or her appointment, have not less\nthan ten years professional experience in one or more of the following\nareas of expertise: law, provided the experience involves prosecution or\nsome consideration of fraud; fraud investigation; and auditing. The\ninspector may possess comparable alternate experience in the area of\nhealth care or the area of senior management, in either the public or\nprivate setting, provided that such experience involves some\nconsideration of fraud.\n  3. The inspector shall be compensated within the limits of funds\navailable therefor, provided, however, such salary shall be no less than\nthe salaries of certain state officers holding the positions indicated\nin paragraph (a) of subdivision one of section one hundred sixty-nine of\nthe executive law.\n
N.Y. ENV Law § 33-0305 — New York Code / Act ENV / Article 33 / Title 3 / Section 33-0305
Severability
Status: in_force

§ 33-0305. Severability.\n  If any provision of this article is declared unconstitutional, or the\napplicability thereof to any person or circumstance is held invalid, by\na court of competent jurisdiction, the constitutionality of the\nremainder of the article, and the applicability thereof to other persons\nand circumstances shall not be affected.\n
N.Y. PBH Law § 3514 — New York Code / Act PBH / Article 35 / Title 3 / Section 3514
Injunctive relief
Status: in_force

§ 3514. Injunctive relief. The attorney general may apply to the\nsupreme court within the judicial district in which a violation of this\narticle is alleged to have occurred for an order enjoining or\nrestraining commission or continuance of the acts complained of.\nThereupon the court shall have jurisdiction of the proceeding and shall\nhave power to grant such temporary relief or restraining order as it\ndeems just and proper.  In any such proceeding it shall be unnecessary\nto allege or prove that an adequate remedy at law does not exist or that\nirreparable damage would result if such order were not granted. The\nremedy provided by this section shall be in addition to any other remedy\nprovided by law.\n
N.Y. GMU Law § 780 — New York Code / Act GMU / Article 17-A / Title 3 / Section 780
Conduct of referendum
Status: in_force

§ 780. Conduct of referendum. 1. A referendum on a proposed\ndissolution required by sections seven hundred seventy-seven or seven\nhundred seventy-nine of this title shall be placed before the electors\nin the local government entity to be dissolved at a special election to\nbe held not less than sixty or more than ninety days after the enactment\nof a resolution calling for the referendum, provided, however, that in\ncases where a town or village general election falls within such period,\nthe referendum question may be considered during a town or village\ngeneral election.\n  2. Notice of the referendum shall be given to the electors of the\nlocal government entity to be dissolved by publication in a newspaper\nhaving a general circulation within the boundaries of the entity at\nleast once a week for four consecutive weeks immediately prior to the\nreferendum. The notice shall include, but not be limited to:\n  (a) a summary of the contents of the resolution and dissolution plan\nor petition for dissolution, as the case may be;\n  (b) a statement as to where may be examined copies of the resolution\nand dissolution plan or petition for dissolution, as the case may be;\n  (c) the name of the local government entity to be dissolved and a\nstatement fully describing its territory;\n  (d) the time and place or places at which the referendum will be held;\nand\n  (e) such other matters as may be necessary to call, provide for and\ngive notice of the referendum and to provide for the conduct thereof and\nthe canvass of the returns thereupon.\n  3. The referendum question placed before the electors of the local\ngovernment entity to be dissolved shall be in a form reading\nsubstantially as follows:\n  "Shall (insert type and name of local government entity) be dissolved?\n  YES ____\n  NO ____"\n  4. In any referendum held pursuant to this title, the local government\nentity to be dissolved shall bear the costs associated with the conduct\nof such referendum.\n  5. In any referendum held pursuant to this title, and except as\notherwise specified herein, the referendum shall be conducted in the\nsame manner as other municipal elections or referendums for the local\ngovernment entity affected by the proposed dissolution.\n
N.Y. LAB Law § 262 — New York Code / Act LAB / Article 11 / Title 3 / Section 262
Fireproof window or fire window
Status: in_force

§ 262. Fireproof window or fire window. "Fireproof window" or "fire\nwindow" means a window with metal frame and sash, or frame and sash\ncovered with metal, and provided with wired glass or of such other\nmaterials, construction and operation as the board shall specify in its\nrules.\n
N.Y. ELN Law § 8-312 — New York Code / Act ELN / Article 8 / Title 3 / Section 8-312
Voting; election day paper ballots, marking and casting, delivery to voter
Status: in_force

§ 8-312. Voting; election day paper ballots, marking and casting,\ndelivery to voter. 1. On receiving his or her ballot, the voter\nforthwith shall retire alone, unless he or she is entitled to assistance\nin voting or is accompanied by a child under sixteen years of age, to an\nunoccupied privacy booth and mark his or her ballot using a writing\ninstrument supplied by the board of elections. He or she shall not\noccupy a privacy booth more than five minutes if other voters are\nwaiting to occupy it. If the voter wrongly marks, defaces or tears a\nballot, he or she may successively obtain others, one ballot at a time,\nnot exceeding three ballots in all, upon returning to the inspectors or\nclerks each ballot already received.\n  2. When the voter shall have marked the ballot, he or she shall leave\nthe privacy booth with the ballot, proceed at once to the ballot\nscanner, insert such ballot into the ballot scanner and wait for the\nnotice that the ballot has been successfully scanned. If no such notice\nappears, the voter shall seek the assistance of an election inspector.\n  3. Upon voting, the voter forthwith shall pass outside the guardrail,\nunless he or she is a person authorized to remain for other purposes\nthan voting.\n  4. When a person shall have received a paper ballot from any clerk, or\ninspector, as hereinbefore provided, he or she shall be deemed to have\ncommenced the act of voting, and if, after receiving such official\nballot, he or she shall leave the space inclosed by the guard-rail\nbefore the deposit of his or her ballot in the ballot scanner, ballot\nbox or other secure storage container, as hereinbefore provided, he or\nshe shall not be entitled to pass again within the guard-rail for the\npurpose of voting, or to receive any further ballots.\n  5. No ballot without the official indorsement shall be allowed to be\ndeposited in the ballot scanner or, when a ballot scanner is inoperable\nor otherwise unable to scan the ballot, in a ballot box or other secure\nstorage container except for emergency ballots as provided in\nsubdivision two of section 7-120 of this chapter. No person to whom any\nelection day paper ballot shall be delivered shall leave the space\nwithin the guard-rail until after he or she shall have scanned the\nballot, deposited the ballot in a ballot box or other secure storage\ncontainer or delivered the ballot back to the inspectors or to the\nclerks.\n  6. Election day paper ballots being used with optical scan voting\nsystems or intended to be counted by hand pursuant to subdivision one of\nsection 7-200 of this chapter shall be delivered to the voter in a\nmanner consistent with the rules and regulations promulgated by the\nstate board of elections.\n
N.Y. LAB Law § 536 — New York Code / Act LAB / Article 18 / Title 3 / Section 536
Collaboration with other states, the United States, and foreign governments
Status: in_force

§ 536. Collaboration with other states, the United States, and foreign\ngovernments.  1. Cooperation.  The commissioner may afford reasonable\ncooperation with every agency of the United States charged with the\nadministration of any unemployment compensation law.\n  2. Agreements. (a) The commissioner is authorized to enter into\nagreements with the appropriate agencies of other states or the United\nStates whereby rights to benefits accumulated under the unemployment\ncompensation laws of the several states or of the United States, or\nboth, may constitute the basis for the payment of benefits under terms\nwhich the commissioner finds will be fair and reasonable as to all\naffected interests and will not result in any substantial loss to the\nfund.\n  (b) (1) The commissioner is authorized to enter into arrangements with\nthe appropriate agencies of other states or of the United States (i)\nwhereby remuneration or services, upon the basis of which an individual\nmay become entitled to unemployment benefits under the unemployment\ncompensation law of another state or of the United States shall be\ndeemed to be remuneration and weeks of employment for the purposes of\nthis article, provided such other agency has agreed to reimburse the\nunemployment insurance fund for such portion of benefits paid under this\narticle upon the basis of such remuneration or services as the\ncommissioner finds will be fair and reasonable as to all affected\ninterests, and (ii) whereby the commissioner will reimburse such\nagencies with such reasonable portion of unemployment benefits, paid\nunder the laws of any such other states or of the United States upon the\nbasis of employment or remuneration paid by employers for employment, as\nthe commissioner finds will be fair and reasonable as to all affected\ninterests. Reimbursements so payable shall be deemed benefits for the\npurpose of this article. The commissioner is hereby authorized to make\nreimbursements from the fund to such agencies and to receive from them\nreimbursements to the fund, in accordance with arrangements pursuant to\nthis section.\n  (2) The commissioner shall participate in any arrangements for the\npayment of benefits on the basis of combining a claimant's remuneration\nand services covered under this article with those covered under the\nlaws of other states which are approved by the secretary of labor of the\nUnited States as provided in the federal unemployment tax act. The terms\nof any such arrangements shall be deemed to comply with the foregoing\nprovisions of this paragraph.\n  (c) The commissioner is authorized to enter into reciprocal agreements\nwith the appropriate agencies of other states in regard to services on\nvessels engaged in interstate or foreign commerce whereby such services\nfor a single employer, wherever performed, shall be deemed performed\nwithin this state or within any such other state.\n  (d) The commissioner is authorized to enter into reciprocal agreements\nwith appropriate agencies of other states or of the United States, under\nterms which he finds will be fair and reasonable as to all affected\ninterests, (1) whereby employer contributions erroneously paid to this\nstate, or such other states or the United States because of the bona\nfide belief that all or some of the employees were covered under the\nunemployment insurance laws of this state, or of such other states or of\nthe United States, may be repaid or transferred to the unemployment\ninsurance fund of that state or of the United States under whose law\nsuch contributions were actually due, (2) whereby such contributions\nupon repayment or transfer to the unemployment insurance fund shall be\ndeemed to have been paid as of the dates payments thereof were made to\nthe transferring agency, (3) permitting such repayments or transfers by\nthis state without regard to the time limitations governing refund of\ncontributions contained in section five hundred seventy, subdivision\nfive.  Such agreements may also provide for the reimbursement to the\nunemployment insurance fund of the transferring agency of all benefits\nwhich were paid on the basis of employment for which the contributions\ntransferred were paid in error. Any such reimbursement of benefits by\nthis state in accordance herewith shall be deemed benefits paid for the\npurposes of and pursuant to the provisions of this article as of the\ndates of payment of such benefits by the transferring agency.\n  * (e) The commissioner is authorized to enter into an agreement with\nthe appropriate agency of the United States, whereby, in accordance with\na law of the United States (i) the commissioner shall, as agent of the\nUnited States, provide for the payment of additional benefits to\nclaimants whose rights as provided under title seven of this article\nhave been exhausted, or (ii) the state shall be reimbursed for\nadditional benefits paid pursuant to title eleven of this article. The\ncommissioner is hereby authorized to receive and disburse funds from the\nUnited States, or any appropriate agency thereof, in accordance with any\nsuch agreement.\n  * NB Expired September 1, 1963\n  3. Investigations and information. The commissioner is empowered to\nmake investigations and secure information as requested by the agency of\nany state, of the federal government, or of any foreign government\ncharged with the administration of any unemployment compensation law or\nany public employment service law as he deems necessary or appropriate\nto facilitate the administration of such law by such agency and may,\nnotwithstanding the provisions of section five hundred thirty-seven of\nthis article, transmit the results of such investigations and such\ninformation to such agency. For this purpose, the commissioner is\nempowered to make available services and facilities and to exercise the\nother powers provided in this article with respect to the administration\nthereof. The commissioner is further empowered to request any such\nagency, or the officers or employees of any such agency, to undertake on\nhis behalf any investigation and to secure information needed in the\nadministration of this article and to accept and utilize information,\nservices, and facilities made available to this state by any such\nagency.\n  4. Manpower training. The commissioner is hereby authorized to\nparticipate in the federal manpower development and training act of\nnineteen hundred sixty-two as amended and may approve for expenditure\nfrom available funds such sums as may be required to enable the state to\ncarry out the purposes of such act.\n
N.Y. VAT Law § 332 — New York Code / Act VAT / Title 3 / Article 7 / Section 332
Proof required in the event of certain judgments
Status: in_force

§ 332. Proof required in the event of certain judgments. (a) The\ncommissioner shall also suspend the operator's or chauffeur's license\nand any and all of the registration certificates and registration plates\nissued to any person upon receiving authenticated report as hereinafter\nprovided that such person has failed for a period of fifteen days to\nsatisfy any judgment in amounts and upon a cause of action as\nhereinafter stated.\n  (b) The judgment herein referred to shall mean any judgment in excess\nof one thousand dollars for damages because of injury to or destruction\nof property, including loss of use thereof, or any judgment for damages,\nincluding damages for care and loss of services, because of bodily\ninjury to or death of any person arising out of the ownership,\nmaintenance, use or operation of any motor vehicle.\n  (c) The commissioner shall take action as required in this section\nupon receiving proper evidence that any person in another state, the\nDistrict of Columbia, any district court of the United States, or any\nprovince of Canada, has failed for a period of fifteen days to satisfy\nany judgment in amount as stated in section three hundred thirty-three\nand upon a cause of action as stated in this section.\n  (d) Any person whose license, registration or non-resident's driving\nprivilege is subject to suspension hereunder, may be relieved from the\neffect of failure to satisfy such judgment, if such person files with\nthe commissioner proper evidence that a bond or insurance policy as\nprovided for in this article was in force and effect at the time of the\naccident resulting in the judgment, and was available for the\nsatisfaction of the judgment to the extent provided for in section three\nhundred thirty-three and that such judgment was so satisfied.\n
N.Y. MDW Law § 78 — New York Code / Act MDW / Article 3 / Title 3 / Section 78
Repairs
Status: in_force

§ 78. Repairs. 1. Every multiple dwelling, including its roof or\nroofs, and every part thereof and the lot upon which it is situated,\nshall be kept in good repair. The owner shall be responsible for\ncompliance with the provisions of this section; but the tenant also\nshall be liable if a violation is caused by his own wilful act,\nassistance or negligence or that of any member of his family or\nhousehold or his guest. Any such persons who shall wilfully violate or\nassist in violating any provision of this section shall also jointly and\nseverally be subject to the civil penalties provided in section three\nhundred four.\n  2. Whenever, the light, ventilation, or any matter or thing in or\nabout a multiple dwelling or part thereof, or in or about the lot on\nwhich it is situated, is in the opinion of the department in a condition\nor in its effect dangerous to life or health, the department may order\nor cause any such light, ventilation, matter or thing to be repaired or\nimproved or, as provided in section three hundred nine, take such other\naction as it may deem necessary to remove such danger to life or health.\n
N.Y. LFN Law § 32.00 — New York Code / Act LFN / Article 2 / Title 3 / Section 32.00
Bond resolution and capital note resolution; form and contents
Status: in_force

§ 32.00 Bond resolution and capital note resolution; form and\ncontents. Every bond resolution or capital note resolution shall be\nproperly dated and shall bear a title indicating the type or types of\nobligations to which it relates, and shall contain, in substance, at\nleast the following provisions:\n  1. A statement of the specific object or purpose or the class of\nobjects or purposes for which the obligations to be authorized by such\nresolution are to be issued. Each item of such specific object or\npurpose shall be described in brief and general terms sufficient for a\nreasonable identification.\n  2. If the obligations to be authorized are for a specific object or\npurpose, a statement of the estimate of the maximum cost of each item of\nsuch specific object or purpose. If the obligations to be authorized by\na single bond resolution or capital note resolution are for two or more\nspecific objects or purposes as provided by paragraph d of section 31.00\nof this chapter, there shall be a statement of the estimate of the\nmaximum cost of each item of each specific object or purpose. If the\nobligations to be authorized are for a class of objects or purposes,\nthere shall be a statement of the estimated maximum cost thereof. If the\nobligations to be authorized by a single bond resolution or capital note\nresolution are for two or more classes of objects or purposes as\nprovided by paragraph d of section 31.00 of this chapter, there shall be\na statement of the estimated maximum cost of each class of objects or\npurposes.  Such statement shall also set forth the plan for the\nfinancing of the total cost of all of the items of such specific object\nor purpose or such specific objects or purposes or of the cost of such\nclass or such classes of objects or purposes which shall indicate the\nsources of the amounts of money which have been previously authorized to\nbe applied to the payment of the total cost of all of such items of such\nobject or purpose or such objects or purposes or of the cost of such\nclass or such classes of objects or purposes and the intended source or\nsources, other than the proceeds of such obligations, of the balance of\nthe money to be so applied. Such financial plan, by virtue of its\ninclusion in such resolution, shall not be deemed binding upon such\nmunicipality, school district or district corporation.\n  In lieu of such a statement, the resolution may contain a recital that\nsuch information has been set forth in a capital budget or in an\nappropriation for such specific object or purpose or such objects or\npurposes or for the class or classes of such objects or purposes or in a\npreviously adopted bond resolution or capital note resolution\nauthorizing the issuance of obligations for such specific object or\npurpose or such specific objects or purposes, or for the class or\nclasses of such objects or purposes. Such recital shall specifically\nrefer to the most recent capital budget, appropriation, bond resolution\nor capital note resolution containing such information.\n  3. A statement of the amount of bonds or capital notes to be issued\nfor such specific object or purpose or class of objects or purposes.\n  4. A determination of the period or periods of probable usefulness of\nthe specific object or purpose or class of objects or purposes for which\nsuch bonds or capital notes are to be issued, if such determination is\nmade by the finance board. However, if bonds are to be issued for a\nclass of objects or purposes for which more than one period of probable\nusefulness is prescribed pursuant to section 11.00 of this chapter and\nif the determination of the period of probable usefulness therefor is to\nbe made by the finance board, the bond resolution authorizing the\nissuance of such bonds shall\n    (a) Specify the kind of specific object or purpose within such class\n    to which the proceeds of such bonds are to be applied and the\n    appropriate period of probable usefulness therefor, or\n    (b) Specify as the period of probable usefulness of such class the\n    lowest period of probable usefulness assigned thereto.\n  5. In the case of towns or villages, a determination whether the\nproposed maturity of the obligations to be authorized thereby will be in\nexcess of five years.\n  6. If current funds are required to be provided prior to the issuance\nof such bonds or bond anticipation notes in anticipation of such bonds\npursuant to section 107.00 of this chapter, a statement that there has\nbeen provided or that there will be provided prior to the issuance of\nsuch bonds or bond anticipation notes the appropriate amount of current\nfunds.\n
N.Y. RPT Law § 559 — New York Code / Act RPT / Article 5 / Title 3 / Section 559
Application of title
Status: in_force

§ 559.  Application of title.  1.  No "charter law," as such term is\ndefined in section thirty-two of the municipal home rule law, nor local\nlaw shall be adopted which is inconsistent with the provisions of this\ntitle.\n  2.  Provisions of all general, special, local or other laws which are\ninconsistent with the provisions of this title shall be inapplicable to\nmunicipal corporations to which this title applies but if not\ninconsistent shall apply to such municipal corporation.\n  3.  This title shall apply to all municipal corporations except a city\nwith a population of five million or more.\n
N.Y. PBA Law § 553-J — New York Code / Act PBA / Article 3 / Title 3 / Section 553-J
Metropolitan transportation authority capital lockbox fund
Status: in_force

§ 553-j. Metropolitan transportation authority capital lockbox fund.\n1.  The authority shall establish a fund to be known as the metropolitan\ntransportation authority capital lockbox fund which shall be kept\nseparate from and shall not be commingled with any other monies of the\nauthority. The fund shall consist of two separate and distinct accounts:\n(i) the "2020 to 2024 capital program account" and (ii) the "2025 to\n2029 capital program account".\n  (a) The 2020 to 2024 capital program account shall consist of all\nmonies received by the authority pursuant to article forty-four-C of the\nvehicle and traffic law, subdivision twelve-a of section five hundred\nfifty-three of this title, and revenues of the real estate transfer tax\ndeposited pursuant to subdivision (b) of section fourteen hundred\ntwenty-one of the tax law, and sales tax pursuant to subdivision (c) of\nsection eleven hundred forty-eight of the tax law, subparagraph (B) of\nparagraph five of subdivision (c) of section twelve hundred sixty-one of\nthe tax law, and funds appropriated from the central business district\ntrust fund established pursuant to section ninety-nine-ff of the state\nfinance law.\n  (b) The 2025 to 2029 capital program account shall consist of all\nmonies deposited pursuant to subdivision four of section twelve hundred\nseventy-h of this chapter.\n  2. Monies in the 2020 to 2024 capital program account shall be\napplied, subject to agreements with bondholders and applicable federal\nlaw, to the payment of operating, administration, and other necessary\nexpenses of the authority, or to the city of New York subject to the\nmemorandum of understanding executed pursuant to subdivision two-a of\nsection seventeen hundred four of the vehicle and traffic law properly\nallocable to such program, including the planning, designing,\nconstructing, installing or maintaining of the central business district\ntolling program, including, without limitation, the central business\ndistrict tolling infrastructure, the central business district tolling\ncollection system and the central business district tolling customer\nservice center, and the costs of any metropolitan transportation\nauthority capital projects included within the 2020 to 2024 MTA capital\nprogram or any successor programs. Monies in the 2020 to 2024 capital\nprogram account may be: (a) pledged by the authority to secure and be\napplied to the payment of the bonds, notes or other obligations of the\nauthority to finance the costs of the central business district tolling\nprogram, including, without limitation, the central business district\ntolling infrastructure, the central business district tolling collection\nsystem and the central business district tolling customer service\ncenter, and the costs of any metropolitan transportation authority\ncapital projects included within the 2020 to 2024 MTA capital program or\nany successor programs, including debt service, reserve requirements, if\nany, the payment of amounts required under bond and note facilities or\nagreements related thereto, the payment of federal government loans,\nsecurity or credit arrangements or other agreements related thereto; or\n(b) used by the authority for the payment of such capital costs of the\ncentral business district tolling program and the costs of any\nmetropolitan transportation authority capital projects included within\nthe 2020 to 2024 MTA capital program or any successor programs; or (c)\ntransferred to the metropolitan transportation authority and (1) pledged\nby the metropolitan transportation authority to secure and be applied to\nthe payment of the bonds, notes or other obligations of the metropolitan\ntransportation authority to finance the costs of any metropolitan\ntransportation authority capital projects included within the 2020 to\n2024 MTA capital program or any successor programs, including debt\nservice, reserve requirements, if any, the payment of amounts required\nunder bond and note facilities or agreements related thereto, the\npayment of federal government loans, security or credit arrangements or\nother agreements related thereto, or (2) used by the metropolitan\ntransportation authority for the payment of or to reimburse the costs,\nincluding debt service, of any metropolitan transportation authority\ncapital projects included within the 2020 to 2024 MTA capital program or\nany successor programs. Such revenues shall only supplement and shall\nnot supplant any federal, state, or local funds expended by the\nauthority or the metropolitan transportation authority, or such\nauthority's or metropolitan transportation authority's affiliates or\nsubsidiaries for such respective purposes. Central business district\ntoll revenues may be used as required to obtain, utilize, or maintain\nfederal authorization to collect tolls on federal aid highways.\n  2-a. Monies in the 2025 to 2029 capital program account shall be\napplied, subject to agreements with bondholders and applicable federal\nlaw, to the payment of the costs of any metropolitan transportation\nauthority capital projects included within the 2025 to 2029 MTA capital\nprogram or any successor programs. Monies in the 2025 to 2029 capital\nprogram account may be: (a) pledged by the authority to secure and be\napplied to the payment of the bonds, notes or other obligations of the\nauthority to finance the costs of any metropolitan transportation\nauthority capital projects included within the 2025 to 2029 MTA capital\nprogram or any successor programs, including debt service, reserve\nrequirements, if any, the payment of amounts required under bond and\nnote facilities or agreements related thereto, the payment of federal\ngovernment loans, security or credit arrangements or other agreements\nrelated thereto; or (b) used by the authority for the payment of such\ncapital costs of any metropolitan transportation authority capital\nprojects included within the 2025 to 2029 MTA capital program or any\nsuccessor programs; or (c) transferred to the metropolitan\ntransportation authority and (1) pledged by the metropolitan\ntransportation authority to secure and be applied to the payment of the\nbonds, notes or other obligations of the metropolitan transportation\nauthority to finance the costs of any metropolitan transportation\nauthority capital projects included within the 2025 to 2029 MTA capital\nprogram or any successor programs, including debt service, reserve\nrequirements, if any, the payment of amounts required under bond and\nnote facilities or agreements related thereto, the payment of federal\ngovernment loans, security or credit arrangements or other agreements\nrelated thereto, or (2) used by the metropolitan transportation\nauthority for the payment of or to reimburse the costs, including debt\nservice, of any metropolitan transportation authority capital projects\nincluded within the 2025 to 2029 MTA capital program or any successor\nprograms. Such revenues shall only supplement and shall not supplant any\nfederal, state, or local funds expended by the authority or the\nmetropolitan transportation authority, or such authority's or\nmetropolitan transportation authority's affiliates or subsidiaries for\nsuch respective purposes.\n  3. Any monies deposited in the fund shall be held in the fund free and\nclear of any claim by any person arising out of or in connection with\narticle forty-four-C of the vehicle and traffic law, subdivision\ntwelve-a of section five hundred fifty-three of this title, and article\ntwenty-three of the tax law. Without limiting the generality of the\nforegoing, no person paying any amount that is deposited into the fund\nshall have any right or claim against the authority or the metropolitan\ntransportation authority, any of their bondholders, any of the\nauthority's or the metropolitan transportation authority's subsidiaries\nor affiliates to any monies in or distributed from the fund or in\nrespect of a refund, rebate, credit or reimbursement of monies arising\nout of or in connection with article forty-four-C of the vehicle and\ntraffic law, subdivision twelve-a of section five hundred fifty-three of\nthis title, and article twenty-three of the tax law.\n  3-a. Of the capital project costs paid by this fund: eighty percent\nshall be capital project costs of the New York city transit authority\nand its subsidiary, Staten Island Rapid Transit Operating Authority, and\nMTA Bus with priority given to the subway system, new signaling, new\nsubway cars, track and car repair, accessibility, buses and bus system\nimprovements and further investments in expanding transit availability\nto areas in the outer boroughs that have limited mass transit options;\nten percent shall be capital project costs of the Long Island Rail Road,\nincluding but not limited to, parking facilities, rolling stock,\ncapacity enhancements, accessibility, and expanding transit availability\nto areas in the Metropolitan Commuter Transportation District that have\nlimited mass transit options; and ten percent shall be capital project\ncosts of the Metro-North Commuter Railroad Company, including but not\nlimited to, parking facilities, rolling stock, capacity enhancements,\naccessibility, and expanding transit availability to areas in the\nMetropolitan Commuter Transportation District that have limited mass\ntransit options.\n  4. The authority shall report annually on all receipts and\nexpenditures of the fund and each account within the fund. The report\nshall detail operating expenses of the central business district tolling\nprogram and all fund expenditures including capital projects. The report\nshall be readily available to the public, and shall be posted on the\nauthority's website and be submitted to the governor, the temporary\npresident of the senate, the speaker of the assembly, the mayor and\ncouncil of the city of New York, the metropolitan transportation\nauthority board, and the metropolitan transportation authority capital\nprogram review board.\n  5. Any operating funding used for the purposes of a central business\ndistrict tolling program shall only be from the 2020 to 2024 capital\nprogram account and shall be approved, annually, in a plan of\nexpenditures, by the director of the budget.\n
N.Y. LAB Law § 431 — New York Code / Act LAB / Article 15 / Title 3 / Section 431
Decompression
Status: in_force

§ 431. Decompression. The employer or person in charge shall not\npermit any person to pass from compressed air to normal pressure without\npassing through a period of decompression. Such periods of decompression\nshall be as specified by the board in its rules.\n
N.Y. PBA Law § 2850 — New York Code / Act PBA / Article 9 / Title 3 / Section 2850
Transfer of authority officers and employees
Status: in_force

§ 2850. Transfer of authority officers and employees. Subject to the\ncivil service law and rules, transfer may be allowed between positions\nin any authority or commission heretofore or hereafter continued or\ncreated by this chapter, which is subject to the jurisdiction of the\nstate or a municipal civil service commission, and positions in the\nservice of the state or a civil division thereof.\n
N.Y. PBA Law § 1394 — New York Code / Act PBA / Article 6 / Title 3 / Section 1394
Bonds legal investments
Status: in_force

§ 1394. Bonds legal investments. The bonds of the authority are hereby\nmade securities in which all public officers and bodies of the state of\nNew York and all municipalities and municipal subdivisions thereof, all\ninsurance companies and associations and other persons carrying on an\ninsurance business, all banks, bankers, trust companies, savings banks\nand savings associations, including savings and loan associations,\nbuilding and loan associations, investment companies and other persons,\nexcept as hereinafter provided, who are now, or may hereafter be,\nauthorized to invest in bonds or other obligations of the state, may\nproperly and legally invest funds, including capital, in their control\nor belonging to them, provided that, notwithstanding the provisions of\nany other general or special law to the contrary, the bonds shall not be\neligible for the investment of funds, including capital, of trusts,\nestates or guardianships under the control of individual administrators,\nguardians, executors, trustees and other individual fiduciaries. The\nbonds are also hereby made securities which may be deposited with and\nmay be received by all public officers and bodies of the state of New\nYork and all municipalities and municipal subdivisions thereof for any\npurpose for which the deposit of bonds or other obligations of the state\nis now, or may hereafter be, authorized.\n
N.Y. GOB Law § 5-325 — New York Code / Act GOB / Article 5 / Title 3 / Section 5-325
Garages and parking places
Status: in_force

§ 5-325. Garages and parking places. 1. No person who conducts or\nmaintains for hire or other consideration a garage, parking lot or other\nsimilar place which has the capacity for the housing, storage, parking,\nrepair or servicing of four or more motor vehicles, as defined by the\nvehicle and traffic law, may exempt himself from liability for damages\nfor injury to person or property resulting from the negligence of such\nperson, his agents or employees, in the operation of any such vehicle,\nor in its housing, storage, parking, repair or servicing, or in the\nconduct or maintenance of such garage, parking lot or other similar\nplace, and, except as hereinafter provided, any agreement so exempting\nsuch person shall be void.\n  2. Damages for loss or injury to property may be limited by a\nprovision in the storage agreement limiting the liability in case of\nloss or damage by theft, fire or explosion and setting forth a specific\nliability per vehicle, which shall in no event be less than twenty-five\nthousand dollars, beyond which the person owning or operating such\ngarage or lot shall not be liable; provided, however, that such\nliability may on request of the person delivering such vehicle be\nincreased, in which event increased rates may be charged based on such\nincreased liability.\n
N.Y. RSS Law § 22 — New York Code / Act RSS / Article 2 / Title 3 / Section 22
Members' contributions and their use; annuity reserve fund
Status: in_force

§ 22. Members' contributions and their use; annuity reserve fund.  a.\nThe annuity reserve fund shall be the fund from which shall be paid all\nannuities and all benefits in lieu of annuities, payable pursuant to\nthis article.\n  b. Upon retirement, a member's accumulated contributions shall be\ntransferred from the annuity savings fund to the annuity reserve fund.\nThey shall then be used to provide an annuity, the amount of which shall\nbe the actuarial equivalent of such accumulated contributions on the\nbasis of regular interest and the tables adopted by the comptroller\npursuant to this article.\n  c. The comptroller from time to time shall transfer from the pension\naccumulation fund to the annuity reserve fund, such amounts as are\nnecessary under this article.\n  d. If a member, retired for any reason, returns to active public\nservice and again becomes a member of the retirement system, his annuity\nreserve shall be transferred from the annuity reserve fund to the\nannuity savings fund.\n
N.Y. RPT Law § 552 — New York Code / Act RPT / Article 5 / Title 3 / Section 552
Correction of errors on tentative assessment rolls
Status: in_force

§ 552. Correction of errors on tentative assessment rolls. 1. Clerical\nerrors, unlawful entries and errors in essential fact on tentative\nassessment rolls may be corrected in accordance with the provisions of\nthis section.\n  2. (a) Where it is made to appear to the assessor that a clerical\nerror, an unlawful entry or an error in essential fact is present on the\ntentative assessment roll, or an application for exemption is received\nafter taxable status date pursuant to a local law adopted in accordance\nwith subdivision eight of section four hundred sixty-seven of this\nchapter, the assessor shall execute and transmit to the board of\nassessment review a verified statement that such clerical error,\nunlawful entry or error in essential fact has been made or such late\napplication for exemption has been received, including any available\nproof of such error. Such verified statement shall be on a form and\nshall contain such information as prescribed by the commissioner. For an\nerror in essential fact, the petition shall include: (i) a copy of the\nproperty record card, field book, or other final work product upon which\nthe incorrect assessment was based; and (ii) a copy of any existing\nmunicipal record which substantiates the occurrence of the error.\n  (b) Where the assessor acts pursuant to this subdivision at the\nrequest of the owner of the real property or any person who would be\nentitled to file a complaint as to such real property pursuant to\nsection five hundred twenty-four of this chapter, the assessor shall\nimmediately provide such owner or other person with a copy of the\nverified statement executed pursuant to paragraph (a) of this\nsubdivision. If the verified statement executed pursuant to this\nparagraph is not received by the board of assessment review on or before\nthe meeting of the board to hear and determine complaints in relation to\nassessments, then the owner or other person entitled to file a complaint\npursuant to section five hundred twenty-four of this chapter may\ntransmit to the board of assessment review the copy of the verified\nstatement executed pursuant to this paragraph. The board of assessment\nreview shall consider such copy of the verified statement as a petition\nfiled pursuant to section five hundred fifty-three of this title.\n  (c) Where the assessor, acting pursuant to the provisions of this\nsection, submits to the board of assessment review a verified statement\nto increase an assessment, the assessor must provide the owner of the\nreal property subject to such assessment a written notice together with\na copy of the verified statement. Such written notice shall be mailed to\nthe owner of the real property by certified mail at least five days\nprior to the meeting of the board of assessment review.\n  3. At the meeting of the board of assessment review to hear and\ndetermine complaints in relation to assessments the board shall review\nall verified statements which it receives pursuant to this section and\non such review shall have all of the powers and duties imposed by law\nupon boards of assessment review by title one-A of this article and by\nany other law. Any changes ordered by a board of assessment review\npursuant to this section shall be effected in the manner prescribed by\nsections five hundred twenty-five and five hundred twenty-six of this\nchapter.\n
N.Y. STL Law § 127 — New York Code / Act STL / Article 8 / Title 3 / Section 127
Construction
Status: in_force

§ 127. Construction. a. This article shall be liberally construed to\neffectuate the purposes thereof and to apportion and district this state\nin compliance with the requirements of law and shall supersede any\ninconsistent provision of law including but not limited to section three\nof chapter seventeen of the laws of two thousand twelve.\n  b. It is intended that this article and the districts described\ntherein completely encompass all the area within the state. It is\nfurther intended that the apportionment and districting provided for in\nthis article result in the creation of districts which are substantially\nequal in population and contain all inhabitants in this state, based on\nthe Federal Census of two thousand twenty, as adjusted pursuant to the\nprovisions of part XX of chapter fifty-seven of the laws of two thousand\nten, as amended. It is also intended that no district shall include any\nof the area included within the description of any other district.\n  c. The apportionment of assembly districts and senate districts shall\nbe deemed to be separate from each other. The invalidity of the\ndistricts contained in one title of this article shall not affect or\nrequire the redistricting provided by the other title of this article\nwhen the provisions of such other title have been found to be valid by a\ncourt of competent jurisdiction.\n
N.Y. PBA Law § 1058 — New York Code / Act PBA / Article 5 / Title 3 / Section 1058
Duty of authority to maintain and operate
Status: in_force

§ 1058. Duty of authority to maintain and operate. It shall be the\nduty of the authority, subject to any limitation on the amount of\nrevenues to be expended for such purpose, to maintain and operate and\nwhere necessary to reconstruct its properties.\n
N.Y. PBA Law § 1393 — New York Code / Act PBA / Article 6 / Title 3 / Section 1393
State and city not liable on bonds
Status: in_force

§ 1393. State and city not liable on bonds. The bonds and other\nobligations of the authority shall not be a debt of the state of New\nYork or of the city, and neither the state nor the city shall be liable\nthereon, nor shall they be payable out of any funds other than those of\nthe authority.\n
N.Y. RPT Law § 1146 — New York Code / Act RPT / Article 11 / Title 3-A / Section 1146
Repayment plans
Status: in_force

§ 1146. Repayment plans. 1. The governing body of a tax district is\nhereby authorized and empowered to enact and amend a local law providing\nthat in the case of primary residences with a tax delinquency greater\nthan five hundred dollars but less than thirty thousand dollars or such\nother limit as may be provided by such local law, the property owner\nshall be permitted to enter into a repayment plan to cure a tax\ndelinquency at any time until the date of redemption.\n  2. The term of the repayment plan shall be twelve, eighteen,\ntwenty-four, or thirty-six months, at the option of the owner. The\namount due under the agreement shall be paid, as nearly as possible, in\nequal amounts on each payment due date. The amount of each such payment\nshall be determined by dividing the amount due by the number of required\ninstallment payments.\n  3. The owner shall be deemed to be in default of a payment plan\nagreement pursuant to this section upon the occurrence of any of the\nfollowing events:\n  (a) Any payment due under the repayment plan is not made within\nforty-five days from the payment due date;\n  (b) Any tax levied after the owner entered into the repayment plan is\nnot paid by the payment due date;\n  (c) The subject property is sold; or\n  (d) The total principal amount in arrears exceeds thirty thousand\ndollars or such higher amount as may have been set by local law,\nordinance or resolution.\n  4. In the event of a default in payments, and after service of a\ntwenty-day notice of default, the tax district shall have the right to\nrequire the entire unpaid balance, with interest, to be paid in full.\n
N.Y. ENV Law § 13-0350 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0350
Marine resources advisory council
Status: in_force

§ 13-0350. Marine resources advisory council.\n  1. Legislative intent. The legislature hereby finds and declares that\nthe finfish and shellfish industry in this state plays a vital part in\nthe economy of the state in general and the Long Island region in\nparticular.\n  By establishing the marine resources advisory council the legislature\npublicly declares its support for the further development and\nadvancement of such industry; such council's mandate to monitor and\nreview fishery management regulations, programs, allocations and\nexpenditures of the department of environmental conservation for the\ncare, management, protection and enlargement of finfish and shellfish\nwill provide proper input from that segment of our populace most\nconcerned with the impact this state's programs have on finfish and\nshellfish resources.\n  2. Creation of marine resources advisory council. (a) There is hereby\ncreated within the department a marine resources advisory council to\nreview proposed regulations for management of marine fisheries and to\nmake recommendations on plans, policies, and programs affecting marine\nresources as more specifically outlined below. Such council shall be\ncomposed of fifteen members appointed by the commissioner, none of whom\nshall be employees of the department. Two council members representative\nof recreational users of marine resources and two council members\nrepresentative of commercial users of marine resources shall be\ndesignated by the majority leader of the senate and two members\nrepresentative of recreational users of marine resources and two council\nmembers representative of commercial users of marine resources shall be\ndesignated by the speaker of the assembly. One member will be the\ndirector of the marine sciences research center at SUNY Stony Brook or\nthe director's designee who shall act as chairman. Of the members\nappointed all shall be residents of a county which borders the marine\nand coastal district. The council shall be representative of individual\nand organized commercial and recreational shellfishing and finfishing\ninterests in the state. At no time shall there be less than seven\nmembers of the council who shall be representative of commercial\nharvesters of marine resources nor shall there be less than seven\nmembers of the council who shall be representative of recreational users\nand harvesters of marine resources. Appointments to the advisory council\nshall be made no later than the first day of March next succeeding the\ndate on which this section shall have become a law.\n  (b) Persons designated or appointed to the advisory council shall have\ndemonstrated a long-standing interest, knowledge and experience in\ncommercial or recreational harvesting of marine resources.\n  3. Meetings of the council. The council shall meet at least quarterly.\n  4. Duties of the advisory council. The advisory council shall have the\nfollowing powers and duties:\n  (a) To review the allocations and expenditures of the department for\nthe care, management, protection and enlargement of marine resources and\nreport to the commissioner by January first of each year. The\ncommissioner shall, by February first of each year, submit such report,\nin its entirety, to the governor, the legislature and interested\nindividuals and organizations. Such report shall include the findings of\nthe advisory council regarding such allocations and expenditures,\nincluding expenditures and appropriations from the conservation fund and\nthe extent to which such expenditures and appropriations are consistent\nwith the requirements of state law.\n  (b) To make reports and release information from time to time as it\ndeems necessary to commercial and recreational harvesters and users of\nmarine resources and the general public regarding the marine resources\nprogram.\n  (c) To consult with commercial and recreational users of marine\nresources and make recommendations on program needs and on how such\nneeds shall be met.\n  (d) To assist the department's efforts to expand the available sources\nof income for the marine resources account and advise the department\nwith respect to the needs of those industries involved with the\ncommercial and recreational harvesting of marine resources.\n  (e) To review proposed regulations pertaining to the conservation and\nmanagement of marine fisheries, to consult with commercial and\nrecreational users of such fisheries regarding such regulations, and to\nmake recommendations and comments to the department regarding the\nadoption and modification of such regulations consistent with the policy\nand principles set forth in section 13-0105 of this article.\n  5. Term of appointment. All members of the council shall serve terms\nof three years provided, however, that of the members first appointed,\none-third shall be appointed for a term of three years, one-third shall\nbe appointed for a term of two years, and one-third shall be appointed\nfor a term of one year. An appointment to fill a vacancy shall be made\nfor the remainder of the affected term in the same manner as the\noriginal appointment was made. Such appointment shall be made within\nsixty days of the date the position becomes vacant.\n  5-a. Term of appointment. The new members appointed pursuant to\nsubdivision two of this section as amended by a chapter of the laws of\n1994 entitled "AN ACT to amend the environmental conservation law, in\nrelation to establishing the marine fisheries conservation and\nmanagement policy, various other provisions relating to the management\nof marine resources and repealing paragraph d of subdivision 2 of\nsection 11-1319 of such law relating to the sale of billfish" shall be\nappointed to terms as follows: the member appointed by the majority\nleader of the senate and the member appointed by the speaker of the\nassembly shall each be appointed to a term of three years; and of the\ntwo members appointed by the commissioner, one shall be appointed to a\nterm of two years and the other shall be appointed to a term of one\nyear.\n  6. State assistance. The commissioner shall make any and all documents\nreadily available to the council which the council indicates are needed\nto properly and thoroughly carry out its responsibilities. The\ncommissioner shall also make available to the council such aid\nreasonably necessary to allow the council to carry out its duties and\nresponsibilities.\n
N.Y. LFN Law § 37.00 — New York Code / Act LFN / Article 2 / Title 3 / Section 37.00
Referenda on bond resolutions or capital note resolutions; school districts
Status: in_force

§ 37.00 Referenda on bond resolutions or capital note resolutions;\nschool districts.  a. In a school district other than a city school\ndistrict a bond resolution or a capital note resolution shall not be\nadopted by the finance board thereof unless a tax to be collected in\ninstallments shall have been voted in the manner provided in the\neducation law, as amended from time to time, for the object or purpose\nfor which such resolution authorizes the issuance of obligations. The\nforegoing provisions of this paragraph shall not apply to:\n  1. A bond resolution or capital note resolution adopted by the finance\nboard of a school district authorizing the issuance of bonds or capital\nnotes for the payment of all or part of a judgment, award or a\ncompromised or settled claim against the school district for the\nacquisition of land or rights in land, to the extent that the amount of\nsuch judgment, award or claim exceeds the amount authorized to be\nexpended for such acquisition of land or rights in land, provided such\nexcess amount does not exceed fifteen per centum of the amount so\nauthorized to be expended.\n  2. A bond resolution which authorizes the issuance of bonds pursuant\nto section 92.00 of this chapter where prior to the issuance by a school\ndistrict of the bond anticipation note or notes to be refunded by such\nbonds a tax to be collected in installments has been voted in the manner\nprovided in the education law for the object or purpose for which such\nnote or notes were issued.\n  3. A bond resolution or capital note resolution which authorizes the\nissuance of bonds or capital notes for the payment of judgments, or\ncompromised or settled claims against such a school district, or awards\nor sums payable by such a school district pursuant to a determination by\na court, or an officer, body or agency acting in an administrative or\nquasi-judicial capacity.\n  b. In a city school district a bond resolution adopted by the finance\nboard thereof shall not become effective unless a proposition approving\nsuch resolution shall have been adopted at a special or annual school\ndistrict meeting held in accordance with article forty-one and\nfifty-three of the education law. The foregoing provisions of this\nparagraph shall not apply to a bond resolution authorizing the issuance\nof bonds:\n  1.  For the payment of judgments, or compromised or settled claims\nagainst such city school district, or awards or sums payable by such\ncity school district pursuant to a determination by a court, or an\nofficer, body or agency acting in an administrative or quasi-judicial\ncapacity; or\n  2. Where a tax to be collected in installments has been voted in the\nmanner provided in the education law, prior to July first, nineteen\nhundred fifty-one, for the object or purpose for which such resolution\nauthorizes the issuance of bonds; or\n  3.  Where such resolution authorizes the issuance of bonds pursuant to\nsection 92.00 of this chapter and prior to the issuance by a school\ndistrict of the bond anticipation note or notes to be refunded by such\nbonds a tax to be collected in installments has been voted in the manner\nprovided in the education law for the object or purpose for which such\nnote or notes were issued.\n  Notwithstanding the foregoing provisions of this paragraph, the\nfinance board of a city school district may provide in any bond\nresolution or capital note resolution that such resolution, shall not\nbecome effective unless a proposition approving such resolution is\nadopted at a special or annual district meeting held in accordance with\narticle forty-one and fifty-three of the education law.\n
N.Y. RPT Law § 938 — New York Code / Act RPT / Article 9 / Title 3 / Section 938
Extension of time for collection
Status: in_force

§ 938. Extension of time for collection. 1. Upon application of the\ncommon council of a city or the supervisor of a town, the county\ntreasurer may extend the time for collection of taxes levied therein to\na day not later than the first day of June in any year except that in\nthe counties of Greene, Orange, Sullivan and Ulster, the county\ntreasurer may extend such time to a day not later than the first day of\nSeptember, and during the period of any such extension in such counties,\nthe collecting officer shall on the first day of each month pay over all\nmoneys collected during the preceding month. An extension granted shall\nnot extend the time provided by law for the collecting officer to pay\nover taxes collected during the normal tax collection period.\n  2. If at the time of the expiration of the warrant there is in effect\na court order enjoining the collection of taxes on any parcel of real\nproperty, such order shall operate as an extension of time for the\ncollecting officer to collect such taxes until thirty days after the\norder is vacated or terminated. All other unpaid taxes shall be returned\nto the county treasurer within the time prescribed by law.\n
N.Y. VAT Law § 302 — New York Code / Act VAT / Title 3 / Article 5 / Section 302
Powers and duties of the commissioner
Status: in_force

§ 302. Powers and duties of the commissioner. (a) It shall be the duty\nof the commissioner to administer the provisions of this article.\n  (b) The commissioner may authorize the acceptance of a certificate of\ninspection issued in another state having inspection requirements\nsubstantially similar to those of this state. He may also extend, on any\nreasonable ground, the time within which a certificate shall be obtained\nby the owner of a motor vehicle.\n  (c) The commissioner may, consistent with federal law and regulations,\npermit any person, association, corporation or subsidiary corporation of\na parent corporation having registered in his or its name in this state\nmore than twenty-five motor vehicles, and qualified dealers of motor\nvehicles held by them for sale or demonstration, who maintain approved\ninspection facilities, to conduct the inspection or inspections required\nby this article under regulation prescribed by the commissioner.\n  (d) The commissioner of motor vehicles may appoint and at pleasure\nremove inspectors, consultants and such other assistants and employees\nas he may deem necessary, within the amount available therefor by\nappropriation, to carry out the provisions of this article.\n  (e) The commissioner is empowered to make reasonable rules and\nregulations for the administration and enforcement of this article and\nthe periods during which motor vehicles are required to be inspected.\n  (f) The commissioner of motor vehicles may, consistent with federal\nlaw and regulations, upon application of any municipality, and upon a\ndetermination that such municipality has sufficient personnel and\napproved inspection facilities to conduct the inspection or inspections\nrequired by this article under the regulations prescribed by the\ncommissioner, permit such municipality to conduct the inspection\nrequired by this article.\n
N.Y. RPT Law § 924-B — New York Code / Act RPT / Article 9 / Title 3 / Section 924-B
Waiver of interest or penalties or other charges on brownfield properties
Status: in_force

§ 924-b. Waiver of interest or penalties or other charges on\nbrownfield properties. Notwithstanding any provision of law to the\ncontrary, the governing body of any tax district shall be authorized, by\nresolution, to permit the enforcing officer to effect the cancellation\nin whole or in part of any interest, penalties or other charges on real\nproperty where such real property is subject to a brownfield site\nclean-up agreement entered into by a volunteer pursuant to section\n27-1409 of the environmental conservation law. Provided, however, that\nin cases where such interest, penalties, or other charges, if collected\nby a tax district, belong to a municipal corporation within such tax\ndistrict, no reduction or remission in whole or in part of such\ninterest, penalties, or other charges shall be made without the consent\nof the municipal corporation affected, which consent may be given by\nresolution adopted after a public hearing. Failure of such real property\nto receive a certificate of completion pursuant to section 27-1419 of\nthe environmental conservation law or revocation of such certificate\nshall be grounds for revocation of any waiver of interest, penalties, or\ncharges granted pursuant to this section.\n
N.Y. PBA Law § 3500 — New York Code / Act PBA / Article 10-C / Title 3 / Section 3500
Reservation of state right to adjust medicaid rates
Status: in_force

§ 3500. Reservation of state right to adjust medicaid rates.  Each\ncorporation created under this article shall include as a provision in\nany agreement of the corporation with the holder of its bonds that the\nstate reserves the right to adjust its medicaid rates in accordance with\napplicable law and implementing regulations, if any.\n
N.Y. GMU Law § 777 — New York Code / Act GMU / Article 17-A / Title 3 / Section 777
Referendum resolution for dissolution of villages
Status: in_force

§ 777. Referendum resolution for dissolution of villages. 1. If a\ndissolution plan calls for the dissolution of a village, then\ncontemporaneous with the final approval of the dissolution plan pursuant\nto subdivision three of section seven hundred seventy-six of this title,\nthe governing body of the village shall enact a resolution calling for a\nreferendum on the proposed dissolution by the electors in the village.\n  2. The resolution calling for the referendum on the proposed\ndissolution shall:\n  (a) provide (i) the name of the village to be dissolved; and (ii) the\ndate for the referendum, in accordance with subdivision one of section\nseven hundred eighty of this title;\n  (b) state the substance of the question to be submitted to the\nelectors; and\n  (c) set forth such other matters as may be necessary to call, provide\nfor and give notice of the referendum and to provide for the conduct\nthereof and the canvass of the returns thereupon.\n  3. The resolution calling for the referendum on the proposed\ndissolution shall have attached to it the final approved version of the\ndissolution plan.\n
N.Y. RSS Law § 316-B — New York Code / Act RSS / Article 8 / Title 3 / Section 316-B
Notice of change
Status: in_force

§ 316-b. Notice of change.  (1) The comptroller, on or before the\nfifteenth day of October of each year, shall submit to the director of\nthe division of the budget and the chairmen of the senate finance\ncommittee and the assembly ways and means committee written notice of\nany proposed material change in the annual actuarial valuation provided\nfor in this article or any other material change, other than those\nprovided by legislation or resolution, affecting the state's or any\nother participating employer's estimated or actual obligations to the\npension accumulation fund and the New York state public employees group\nlife insurance plan for the succeeding fiscal year.\n  (2) Notwithstanding any provision of law to the contrary, for fiscal\nyears commencing April first, nineteen hundred eighty-eight, April\nfirst, nineteen hundred eighty-nine and April first, nineteen hundred\nninety the actuarial value of assets shall be calculated using the five\nyear smoothing method that was used for the fiscal year commencing April\nfirst, nineteen hundred eighty-seven which method has been determined to\nbe actuarially sound.\n
N.Y. PBH Law § 2999-B — New York Code / Act PBH / Article 29-D / Title 3 / Section 2999-B
Legislative intent
Status: in_force

* § 2999-b. Legislative intent. It is the intent of the legislature to\npromote patient safety and the quality of care, as well as the cost\neffectiveness of such care, by convening providers and payers to develop\nclinical measures, and the metrics on which to measure provider\nperformance. Thereafter, it is the legislature's intent to encourage and\nsupport regional demonstration projects involving multiple payors\nutilizing such metrics as the basis for providing financial incentives\nto providers to achieve increased quality and cost effectiveness.\n  * NB Expired April 1, 2011\n
N.Y. PBA Law § 2850-A — New York Code / Act PBA / Article 9 / Title 3 / Section 2850-A
Emergency service volunteers; paid leave
Status: in_force

§ 2850-a. Emergency service volunteers; paid leave. Notwithstanding\nany other provisions of law to the contrary, public officers and\nemployees of public authorities who are certified by the American Red\nCross as disaster volunteers shall be granted leave from work with pay\nto participate in specialized disaster relief operations upon written\nrequest for such services by the American Red Cross and upon the\napproval of the chief executive of the public authority for which the\npublic officer or employee serves. The public officer or employee shall\nbe compensated at his or her regular rate of pay for those regular work\nhours during which the public officer or employee is absent from work\nwhile participating in authorized specialized disaster relief\noperations. Such leave shall be provided without loss of seniority,\ncompensation, sick leave, vacation leave or other overtime compensation\nto which the volunteer is otherwise entitled and shall not exceed twenty\ndays in any calendar year.\n
N.Y. PBH Law § 2897-A — New York Code / Act PBH / Article 28-D / Title 3 / Section 2897-A
Proceedings for suspension or revocation
Status: in_force

§ 2897-a. Proceedings for suspension or revocation. 1.  Proceedings\nagainst any licensed or registered nursing home administrator under this\nsection shall be begun by filing with the board a written charge or\ncharges in the form of a petition under oath against such nursing home\nadministrator. The charges may be preferred by any person, corporation,\nassociation or public officer, or by the board or department in the\nfirst instance. A report of such investigation as the department shall\ndeem proper shall be provided on request of the board.\n  2. If the board decides that the charges should be heard, the board\nshall designate a hearing officer to hear and report on the charges and\nshall set a time and place for the hearing. A copy of the charges,\ntogether with a notice of the time and place of hearing, shall be served\non the accused at least fifteen days before the date fixed for the\nhearing personally in the same manner as a summons in a civil action, or\nby certified or registered mail addressed to the last known address of\nthe licensee.\n  3. The respondent in all such cases brought under this section shall,\nat least five days before the return date of the petition containing the\ncharges, file with the board a verified answer, in duplicate, to the\nallegations set forth in said petition.  The accused shall have the\nopportunity at such hearing to appear either personally or by counsel,\nto cross-examine witnesses against him and to produce evidence and\nwitnesses in his defense.\n  4. Upon the conclusion of the hearing, the hearing officer shall make\na written report of his findings and conclusions to the board. The board\nshall thereupon take such action upon said findings and conclusions as\nit deems proper. If the accused is found not guilty by the board, it\nshall order a dismissal of the charges and his exoneration.  If the\naccused is found guilty of the charges, or any of them, the board shall,\nin its discretion, issue an order suspending, revoking or annulling the\nlicense or registration of the accused, assessing a civil penalty and\notherwise disciplining him.\n  5. Where the license or registration of any person has been revoked or\nannulled, as herein provided, the board may, after the expiration of two\nyears, entertain an application for restoration of such license or\nregistration.\n  6. A licensed nursing home administrator whose license or registration\nhas been suspended, revoked or annulled, or who is otherwise disciplined\nunder this article, may commence a proceeding under article\nseventy-eight of the civil practice law and rules in the supreme court,\nAlbany county, for the purpose of reviewing such determination, but no\nsuch determination shall be stayed or enjoined except after notice to\nthe attorney general of the commencement of the proceeding.\n
N.Y. ENV Law § 19-0315 — New York Code / Act ENV / Article 19 / Title 3 / Section 19-0315
Small business stationary source compliance advisory panel
Status: in_force

§ 19-0315. Small business stationary source compliance advisory panel.\n  1. There is hereby established a small business stationary source\ncompliance advisory panel which shall have the responsibility to:\n  a. provide guidance to the department on the development of the small\nbusiness stationary source technical and environmental compliance\nassistance program;\n  b. render advisory opinions concerning the effectiveness of the small\nbusiness stationary source technical and environmental compliance\nassistance program, including the adequacy of funding available to the\nprogram, difficulties encountered, and degree and severity of\nenforcement;\n  c. make periodic reports to the commissioner and the administrator of\nthe United States environmental protection agency concerning the\ncompliance of the small business stationary source technical and\nenvironmental compliance assistance program with the requirements of the\nfederal paperwork reduction act, 42 U.S.C. § 3501 et seq.; the\nregulatory flexibility act, 42 U.S.C. § 601 et seq.; and the equal\naccess to justice act, 5 U.S.C. § 504;\n  d. review information for small business stationary sources to assure\nthat such information is understandable by the layperson;\n  e. review and advise the department on the development of rules and\nregulations, the state implementation plan as it affects small business\nstationary sources, and other programs affecting small business\nstationary sources implemented by the department pursuant to the Act;\nand\n  f. make recommendations for the development of programs to further\nassist small business stationary sources, including technical and\nfinancial assistance programs.\n  2. The small business stationary source compliance advisory panel\nshall consist of nine members who shall be appointed no later than\nNovember fifteenth, nineteen hundred ninety-three. The panel shall\nconsist of:\n  a. two persons, who are not owners or representatives of owners of\nsmall business stationary sources, selected by the governor to represent\nthe general public;\n  b. six persons who are owners or who represent owners of small\nbusiness stationary sources, two selected by the president pro tem of\nthe senate, two selected by the speaker of the assembly, one selected by\nthe minority leader of the senate and one selected by the minority\nleader of the assembly; and\n  c. one person selected by the commissioner to represent the\ndepartment.\n  3. The panel shall meet at least quarterly and shall designate one of\nits members, other than the commissioner's representative, to serve as\nchairperson. Members of the panel shall serve for terms of three years\nfrom the date of their appointment, except that the members appointed by\nthe commissioner shall serve at the pleasure of the commissioner.\nMembers shall serve without compensation, except that they shall be\nallowed their actual and necessary expenses incurred in the performance\nof their duties pursuant to this section.\n  4. The department or its designee shall serve as the secretariat for\nthe panel for development and dissemination of reports and advisory\nopinions.\n
N.Y. GOB Law § 5-333 — New York Code / Act GOB / Article 5 / Title 3 / Section 5-333
Validity of oil, gas or mineral land leases
Status: in_force

§ 5-333. Validity of oil, gas or mineral land leases. 1. Any oil, gas\nor mineral land lease given on land situated in this state shall be\ndeemed to incorporate subdivisions two and three of this section and any\nprovisions to the contrary shall be void and unenforceable.\n  2. Any oil, gas or mineral land lease which provides for delay rental\npayments, such payments being periodic payments to the lessor for the\nright to delay drilling or excavation upon the leased property, shall\nprovide that the first such payment shall be due and payable no later\nthan one hundred eighty days after the effective date of the lease. Any\nbonus or up front payment made by the lessee equal to or greater than\nthe first delayed rental payment shall constitute compliance with this\nsubdivision.\n  3. Any oil, gas or mineral land lease shall contain a statement\nadvising the lessor of the provisions of section 15-304 of this chapter.\nSuch statement shall be printed in at least ten point bold type and\nshall read as follows:\n  IF THIS LEASE BECOMES FORFEITED, TERMINATED OR EXPIRES, THE LESSEE, OR\nIF THE LEASE HAS BEEN ASSIGNED, THE ASSIGNEE IS REQUIRED TO PROVIDE A\nDOCUMENT CANCELLING THE LEASE AS OF RECORD, AT NO COST TO THE CURRENT\nLANDOWNER. IF THE LESSEE OR ASSIGNEE FAILS TO CANCEL THE LEASE, THE\nCURRENT LANDOWNER MAY COMPEL A CANCELLATION PURSUANT TO SECTION 15-304\nOF THE GENERAL OBLIGATIONS LAW.\n  4. For the purposes of this section, the term "mineral" shall not\ninclude salt, as defined by subdivision eighteen of section 23-0101 of\nthe environmental conservation law.\n  5. On or after January first, two thousand six, any oil or gas lease\nshall contain the following statement printed in at least ten point bold\ntype:\n  THIS IS A LEASE OF OIL AND GAS RIGHTS, NOT A SALE, CONTAINING TERMS\nTHAT MAY BE NEGOTIATED BY YOU. YOU HAVE THE RIGHT TO CANCEL THIS LEASE\nWITHIN THREE BUSINESS DAYS AFTER EXECUTION OF THE LEASE BY NOTIFYING THE\nLESSEE THAT YOU HAVE CANCELED THIS CONTRACT. IN ORDER TO CANCEL THIS\nLEASE, YOU MUST EXECUTE A NOTICE OF CANCELLATION IN THE FORM PROVIDED\nBELOW, MAIL IT TO THE LESSEE AND REFUND ALL AMOUNTS PAID TO YOU BY THE\nLESSEE WITHIN THE THREE-DAY CANCELLATION PERIOD. THE MAILING MUST BE\nPOSTMARKED WITHIN THE THREE-DAY CANCELLATION PERIOD TO BE EFFECTIVE.\n                         NOTICE OF CANCELLATION\n  I/WE HEREBY CANCEL THIS LEASE.\n  DATED:\n  SIGNATURE(S):\n  THE PERSON PRESENTING THIS LEASE TO YOU IS [ ] NOT [ ] A MEMBER OF\n  (name of organization)        AND THEREFORE IS [ ] IS NOT [ ] SUBJECT\nTO A CODE OF CONDUCT. IF THE PERSON PRESENTING THIS LEASE TO YOU IS\nSUBJECT TO A CODE OF CONDUCT, A COPY OF THE CODE OF CONDUCT MUST BE\nPRESENTED TO YOU WITH THIS LEASE. IF APPLICABLE, THE CODE OF CONDUCT\nPROVIDES A DISPUTE RESOLUTION MECHANISM FOR ANY DISPUTE THAT YOU MAY\nHAVE REGARDING THE MANNER BY WHICH THIS LEASE WAS PRESENTED TO YOU. IF\nYOU HAVE ANY SUCH DISPUTE, YOU MAY INVOKE THE DISPUTE RESOLUTION\nMECHANISM OF THE CODE OF CONDUCT BY CONTACTING THE PERSON OR PERSONS\nDESIGNATED IN THE CODE OF CONDUCT. THE FAILURE OF THE LESSEE TO PAY ANY\nROYALTIES TO YOU AS REQUIRED UNDER THE TERMS OF THE LEASE FOR A PERIOD\nOF FOUR CONSECUTIVE MONTHS OR MORE SHALL BE A DEFAULT UNLESS OTHERWISE\nPROVIDED BY LAW, AND WILL RESULT IN CANCELLATION OF THE LEASE APPLICABLE\nTO THE TARGET FORMATION OF THE WELL WITHIN THE SPACING UNIT, FOLLOWING\nWRITTEN NOTIFICATION TO THE LESSEE OF YOUR INTENT TO CANCEL AND SIXTY\nDAYS FOR THE LESSEE TO CURE THE DEFAULT. IF THE LESSEE HAS A BONA FIDE\nDISPUTE REGARDING THE GROUNDS FOR CANCELLATION, SUCH DISPUTE AND THE\nREASONS THEREFOR MUST BE PROVIDED TO YOU IN WRITING OR THE DEFAULT MUST\nBE CURED WITHIN SUCH SIXTY DAY PERIOD, OTHERWISE THE LEASE SHALL BE\nCANCELLED.\n  6. The provisions of subdivisions one, two, three and four of this\nsection shall apply to leases entered into on or after January first,\nnineteen hundred eighty-five and the provisions of subdivision five of\nthis section shall apply to leases entered into on or after January\nfirst, two thousand six.\n
N.Y. EXC Law § 516 — New York Code / Act EXC / Article 19-G / Title 3 / Subtitle A / Section 516
Care of infants by division for youth
Status: in_force

§ 516. Care of infants by division for youth. The division for youth\nis authorized to provide residential care in division facilities subject\nto the regulations of the division, for infants born to or being nursed\nby female residents placed with the division. Residential care for such\nan infant may be provided for such period of time as is deemed desirable\nfor the welfare of the mother or infant.\n
N.Y. PBA Law § 3961 — New York Code / Act PBA / Article 10-D / Title 3 / Section 3961
Declaration of need for financing assistance to the county
Status: in_force

§ 3961. Declaration of need for financing assistance to the county. 1.\nThe county shall determine and declare whether it requests the authority\nto undertake a financing of costs for the county or any covered\norganization. Any such request shall be made by and through the county\nexecutive after approval by the legislature. Any such financing shall be\nconsistent with the adopted budget and financial plan of the county\nrequired under sections thirty-nine hundred fifty-six and thirty-nine\nhundred fifty-seven of this title, as applicable.\n  2. Upon declaration by the county of such need, the county executive\nshall request that the authority provide financing in accordance with\nthe provisions of this title.\n  3. Upon approval by the authority, in its discretion in accordance\nwith the provisions of this title, of such financing request, the\nauthority may enter into agreements with the county, for itself or on\nbehalf of any covered organization, as applicable, and the county,\nacting by the county executive, and approved by the legislature, may\nenter into agreements with the authority in accordance with the\nprovisions of this title as to the financing of costs by the authority,\nthe application of revenues to secure the authority's bonds, notes or\nother obligations, and further assurances in respect of the authority's\nreceipt of such revenues and the fiscal affairs of the county, including\nbut not limited to the manner of preparation of budget reports and\nfinancial plans as provided for in sections thirty-nine hundred\nfifty-six and thirty-nine hundred fifty-seven of this title, as\napplicable. The authority's revenues shall not be deemed funds of the\ncounty. Any such agreements with the county may be pledged by the\nauthority to secure its bonds, notes or other obligations and may not be\nmodified thereafter except as provided by the terms of the pledge or\nsubsequent agreements with the holders of such obligations.\n  4. Such agreements with the county shall: (a) describe the particular\nfinanceable costs to be financed in whole or in part by the authority;\n(b) describe the plan for the financing of the costs; (c) set forth the\nmethod by which and by whom and the terms and conditions upon which\nmoney provided by the authority shall be disbursed to the county, for\nitself or on behalf of any covered organization, as applicable; (d)\nwhere appropriate, provide for the payment of such costs by the county\nunder such contracts as shall be awarded by the county or for the county\nto make a capital contribution of such proceeds as county funds to\nanother entity for the payment or reimbursement of such costs; and (e)\nrequire every contract entered into by the county, or another entity\nreceiving funds from the county, for costs to be financed in whole or in\npart by the authority to be subject to the provisions of the county\ncharter and other applicable laws governing contracts of the county or\nsuch entity, as the case may be.\n  5. At least annually, commencing no more than one year after the date\non which authority bonds, notes or other obligations are first issued,\nthe county executive shall report to the authority, the comptroller, the\nlegislature, the state comptroller, the chairs of the state senate\nfinance committee and the state assembly ways and means committee, and\nthe director of the budget on the costs financed by the authority and\nthe amount of such financing over the past year, which report shall\ndescribe, by reference to the specific items in the county's budget or\nfinancial plan, its compliance therewith.\n
N.Y. LAB Law § 272 — New York Code / Act LAB / Article 11 / Title 3 / Section 272
Additional requirements for all buildings
Status: in_force

§ 272. Additional requirements for all buildings. No factory shall be\nconducted in any building unless such building shall be so constructed,\nequipped and maintained in all respects as to afford adequate protection\nagainst fire to all persons employed therein, nor unless in addition to\nthe provisions of sections two hundred and seventy and two hundred and\nseventy-one such buildings shall conform to the following requirements:\n  1. Access to exits. Every exit shall be maintained in an unobstructed\ncondition. Safe and continuous passageways with an unobstructed width of\nat least three feet throughout their length and leading directly to\nevery exit including fire escapes and passenger elevators shall be\nmaintained at all times on every floor of the building.\n  2. Stairways. Stairways shall be provided with proper hand rails.\nWhere the stairway is enclosed by fireproof partitions the bottom of the\nenclosure shall be of fireproof material at least four inches thick,\nunless such partitions extend to the cellar bottom. If safe egress may\nbe had from the roof to an adjacent structure all stairways serving as\nrequired exits and extending to the top story shall be continued to the\nroof.\n  3. Doors and windows. No door leading into or out of any factory or\nany floor thereof shall be locked, bolted or fastened during working\nhours. No door on any floor shall be obstructed by metal bars, grating\nor wire mesh. Metal bars, grating or wire mesh provided for any window\nor other opening shall be so constructed as to be readily movable or\nremovable from the inside so as to afford free and unobstructed use\nthereof as a means of egress and they shall be left unlocked during\nworking hours. Every door opening on a stairway or other exit shall open\nfrom both sides so as not to obstruct passage. Doors opening directly to\nthe street or to yard or open area, may be provided with panic bolts of\nan approved type.\n  4. Exit signs. An exit sign shall be placed over all openings leading\nto stairways and other exits. Such sign shall be legible and visible in\naccordance with rules, regulations or requirements established by the\nState of New York Board of Standards and Appeals.\n  5. Vertical openings. All vertical openings leading from one floor to\nanother, except one created by a mezzanine floor, shall be enclosed by\nfire-proof or fire-resistive materials and ventilated in a manner\nconforming to rules adopted by the board.\n  6. Floors. Floors in buildings more than one and less than five\nstories in height erected after October first, nineteen hundred thirteen\nand in all buildings erected prior thereto shall be so constructed or\nprovided with a protective ceiling as to have a fire-resistive rating of\nat least one hour. This subdivision shall not apply where factory\nbuildings are provided throughout with an automatic fire extinguishing\nsystem approved in the city of New York by the fire commissioner in such\ncity and elsewhere by the commissioner.\n  7. Regulations by board. The board may adopt rules and establish\nrequirements and standards for construction, equipment and maintenance\nof factory buildings or of particular classes thereof and the means and\nadequacy of exit therefrom in order to carry out the purposes of this\nchapter, alternative or in addition to the requirements of this article,\nand not inconsistent with the spirit thereof.\n