N.Y. PBA Law § 1010 — New York Code / Act PBA / Article 5 / Title 1 / Section 1010
Bonds of the authority
Status: in_force

§ 1010. Bonds of the authority. 1. The authority shall have power and\nis hereby authorized from time to time to issue its negotiable bonds in\nconformity with applicable provisions of the uniform commercial code for\nthe purpose of financing any project authorized by this title, including\nthe acquisition of any real or personal property or facilities deemed\nnecessary by the authority.\n  2. In anticipation of the sale of such bonds the authority may issue\nnegotiable bond anticipation notes in conformity with applicable\nprovisions of the uniform commercial code and may renew the same from\ntime to time but the maximum maturity of any such note, including\nrenewals thereof, shall not exceed five years from the date of issue of\nsuch original notes. Such notes shall be paid from any moneys of the\nauthority available therefor and not otherwise pledged, or from the\nproceeds of sale of the bonds of the authority in anticipation of which\nthey were issued. Such notes shall not be issued in an amount in excess\nof the amount of bonds which the authority is authorized to issue, less\nthe amount of any bonds or other notes theretofore issued and\noutstanding. The notes shall be issued in the same manner as the bonds.\nSuch notes and the resolution or resolutions authorizing the same may\ncontain any provisions, conditions or limitations which a bond\nresolution of the authority may contain.\n  3. Except as may be otherwise expressly provided by the authority, the\nbonds and notes of every issue shall be general obligations of the\nauthority payable out of any moneys or revenues of the authority,\nsubject only to any agreements with the holders of particular bonds or\nnotes pledging any particular moneys or revenues.\n  4. The authority shall have power from time to time, whenever it deems\nrefunding expedient, to refund any bonds by the issuance of new bonds,\nwhether the bonds to be refunded have or have not matured, and may issue\nbonds partly to refund bonds then outstanding and partly for any other\npurpose hereinbefore described. Refunding bonds may be exchanged for the\nbonds to be refunded, with such cash adjustments as may be agreed, or\nmay be sold with the proceeds applied to the purchase or payment of the\nbonds to be refunded.\n  5. The bonds may be issued payable in annual installments or may be\nissued as term bonds or the authority, in its discretion, may issue\nbonds of both types. The bonds shall be authorized by resolution of the\ntrustees of the authority and shall bear such date or dates, mature at\nsuch time or times, not exceeding fifty years from their respective\ndates, bear interest at such rate or rates, 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, as\nsuch resolution or resolutions may provide.  In the event that term\nbonds are issued, the resolution authorizing the same may make such\nprovisions for the establishment and management of adequate sinking\nfunds for the payment thereof, as the authority may deem necessary. The\nbonds or notes may be sold at public or private sale for such price or\nprices as the authority shall determine.  Pending preparation of the\ndefinite bonds, the authority may issue interim receipts which shall be\nexchanged for such bonds.\n  6. 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 to be authorized as to\n  (a) pledging all or any part of the revenues of the project or any\nrevenue producing contract or contracts made by the authority with any\nindividual, partnership, corporation or association to secure the\npayment of the bonds or of any particular issue of bonds, subject to\nsuch agreements with bondholders as may then exist;\n  (b) the rentals, fees and other charges to be charged, and the amounts\nto be raised in each year thereby, and the use and disposition of the\nrevenues;\n  (c) the setting aside of reserves or sinking funds, and the regulation\nand disposition thereof;\n  (d) limitations on the right of the authority to restrict and regulate\nthe use of any project;\n  (e) limitations on the purpose to which the proceeds of sale of any\nissue of bonds then or thereafter to be issued may be applied and\npledging such proceeds to secure the payment of the bonds or of any\nissue 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 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) limitations on the amount of moneys derived from a project to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (i) defining the acts or omissions to act which shall constitute a\ndefault in the duties of the authority to holders of its obligations and\nproviding the rights and remedies of such holders in the event of a\ndefault.\n  7. Notwithstanding any other provisions of this title, any such\nresolution or resolutions shall contain a covenant by the authority that\nit will at all times maintain rates, fees or charges sufficient to pay,\nand that any contracts entered into by the authority for the sale,\ntransmission or distribution of power shall contain rates, fees or\ncharges sufficient to pay the costs of operation and maintenance of the\nproject, the principal of and interest on any obligations issued\npursuant to such resolution as the same severally become due and\npayable, and to maintain any reserves required by the terms of such\nresolution or resolutions.\n  8. It is the intention hereof that any pledge of revenues or other\nmoneys or of a revenue producing contract or contracts made by the\nauthority shall be valid and binding from the time when the pledge is\nmade; that the revenues or other moneys or proceeds of any contract or\ncontracts so pledged and thereafter received by the authority shall\nimmediately be subject to the lien of such pledge without any physical\ndelivery thereof or further act; and that 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  9. Neither the members of the authority nor any person executing the\nbonds or notes shall be liable personally on the bonds or notes or be\nsubject to any personal liability or accountability by reason of the\nissuance thereof.\n  10. The authority shall have power out of any funds available therefor\nto purchase bonds or notes. The authority may hold, pledge, cancel or\nresell such bonds, subject to and in accordance with agreements with\nbondholders.\n  11. Any bonds or notes issued by the authority are hereby made\nsecurities in which all public officers and bodies of this state and all\nmunicipalities and municipal subdivisions, all insurance companies and\nassociations and other persons carrying on an insurance business, all\nbanks, bankers, trust companies, savings banks and savings associations,\nincluding savings and loan associations, building and loan associations,\ninvestment companies and other persons carrying on a banking business,\nand all other persons whatsoever, except as hereinafter provided, who\nare now or may hereafter be authorized to invest in bonds or other\nobligations of the state, may properly and legally invest funds\nincluding capital in their control or belonging to them; provided that,\nnotwithstanding the provisions of any other general or special law to\nthe contrary, such bonds and notes shall not be eligible for the\ninvestment of funds, including capital, of trusts, estates or\nguardianships under the control of individual administrators, guardians,\nexecutors, trustees and other individual fiduciaries except when any\nsuch individual fiduciary shall be acting in such capacity with one or\nmore corporate co-fiduciaries. The bonds and notes are also hereby made\nsecurities which may be deposited with and shall be received by all\npublic officers and bodies of this state and all municipalities and\nmunicipal subdivisions for any purpose for which the deposit of bonds or\nother obligations of this state is now or may hereafter be authorized.\n
N.Y. PBH Law § 3500 — New York Code / Act PBH / Article 35 / Title 1 / Section 3500
Declaration of policy and statement of purpose
Status: in_force

§ 3500. Declaration of policy and statement of purpose. It is declared\nto be the policy of the state of New York that the health and safety of\nthe people of the state must be protected against the harmful effects of\nexcessive and improper exposure to ionizing radiation and from\ninadequately performed diagnostic tests and radiation therapy\ntreatments. Such protection can best be accomplished by requiring\nadequate training and experience of persons under the supervision of\nlicensed practitioners as defined in this title. It is the purpose of\nthis article to establish standards of education, training and\nexperience and to require the examination and licensure of\nradiographers, radiation therapists and nuclear medicine technologists.\n
N.Y. EDN Law § 621 — New York Code / Act EDN / Title 1 / Article 13-B / Section 621
Prohibition of gifts made by lending institutions to covered institutions and their employees
Status: in_force

§ 621. Prohibition of gifts made by lending institutions to covered\ninstitutions and their employees. 1. A lending institution may not,\ndirectly or indirectly, offer or provide any gift to a covered\ninstitution or a covered institution employee, in exchange for any\nadvantage or consideration provided to such lending institution related\nto its educational loan activities.\n  2. A lending institution may not engage in revenue sharing with a\ncovered institution.\n
N.Y. RPT Law § 1536-A — New York Code / Act RPT / Article 15-A / Title 1 / Section 1536-A
County appraisal service
Status: in_force

§ 1536-a. County appraisal service. 1. Types of property. Upon the\nadoption of a local law by a county providing therefor, the county may\nprovide to the cities, towns and villages therein to which this article\napplies, upon written request of the chief executive officer or assessor\nof such cities, towns and villages, appraisals of real property.\n  2. County appraisal personnel. The county shall employ appraisers and\nother technical personnel to make the appraisals of such properties and\nprovide expert testimony thereto. No person shall be employed by the\ncounty and assigned professional appraisal duties which relate to the\nvaluation of real property for purposes of determining market value\nunless he or she meets the minimum qualification standards established\nby the commissioner. Such appraisal personnel shall attend courses of\ntraining and education prescribed by the commissioner under this\narticle.\n  3. County appraisal reports.  Upon completion of an appraisal of real\nproperty pursuant to this section, the county director shall file a copy\nof the appraisal with the assessor of the city or town in which the\nproperty is located, and where such property is located in a village a\ncopy shall be filed with the assessor of the village. The original\nappraisal report shall be filed in the office of the director of real\nproperty tax services and shall be a public record after the exchange of\nappraisals pursuant to court rules or regulations.\n  4. Apportionment of expense of county appraisals. The expense of\nmaking appraisals under this section may be charged to the several\ncities, towns and villages in the county in accordance with the cost of\nthe appraisals of properties located in such cities, towns or villages\nrespectively and such charges to the cities, towns and villages in the\ncounty shall be deemed to be a municipal purpose.\n  5. Appraisals not binding on assessors. Appraisals furnished pursuant\nto this section shall be considered by the assessor of the city, town or\nvillage in determining market value but shall not be binding upon him or\nher.\n
N.Y. UDC Law § 2602 — New York Code / Act UDC / Article 26 / Title 1 / Section 2602
Presumption of regularity
Status: in_force

§ 2602. Presumption of regularity. The presumption of regularity shall\nattach to the proceedings, judgments, orders and final orders of this\ncourt, and every fair intendment shall be made in favor of its\njurisdiction.\n
N.Y. EDN Law § 504 — New York Code / Act EDN / Title 1 / Article 11 / Section 504
Retirement board; members; terms of office; vacancies
Status: in_force

§ 504. Retirement board; members; terms of office; vacancies. 1. The\ngeneral administration and responsibility for the proper operation of\nthe retirement system and for making effective the provisions of this\narticle shall continue to be vested in a retirement board. The\nretirement board shall from time to time establish rules and regulations\nfor the administration and transaction of its business and for the\ncontrol of the funds created herein and shall perform such other\nfunctions as are required for the execution of the provisions of this\narticle.\n  2. The retirement board shall consist of ten members as follows.\n  a. One member, who is not an employee of the state, who shall be or\nshall have been an executive officer of a bank authorized to do business\nin this state, elected by the board of regents of The University of the\nState of New York to serve for a term of three years.\n  b. Two members who are not employees of the state, each of whom shall\nbe or shall have been a trustee or member of the board of education of a\nschool district in this state, and at least one of whom shall be or\nshall have been an executive officer of an insurance company, elected by\nthe board of regents of The University of the State of New York to serve\nfor a term of three years, from a list of five or more persons having\nbroad experience and ability in the fields of finance and investment to\nbe presented to the regents by the board of directors of the New York\nState School Boards Association, Inc.\n  c. Two administrative officers of the New York state school system,\nappointed by the commissioner of education, each to serve for a term of\nthree years. Members of the present state teachers' retirement fund\nboard shall be deemed to be administrative officers of the New York\nstate school system within the meaning of this provision.\n  d. The comptroller of the state of New York or one member appointed by\nhim who shall serve until his successor is appointed.\n  e. Three members elected from among the members of the retirement\nsystem, each to serve for a term of three years.\n  f. One member, who must be a retired teacher, who shall be elected in\naccordance with the provisions of section five hundred five-a of this\narticle to serve for a term of three years.\n  3. A vacancy occurring during the term of a member elected by the\nboard of regents or appointed by the commissioner of education shall be\nfilled for the unexpired term by the election or appointment of a\nsuccessor in the same manner as his predecessor. A vacancy occurring\nduring a term in the case of a member elected from among the active\nmembers of the retirement system shall be filled, until the next annual\nconvention of delegates, by the commissioner of education and shall be\nfilled for the unexpired term by the delegates at the next annual\nconvention in addition to the regular election. A vacancy occurring\nduring the term of a retired teacher member shall be filled in\naccordance with the provisions of section five hundred five-a of this\narticle.\n
N.Y. EDN Law § 486 — New York Code / Act EDN / Title 1 / Article 10-B / Section 486
Reserve funds, appropriations and other funds and accounts
Status: in_force

§ 486. Reserve funds, appropriations and other funds and accounts. 1.\n(a) The fund shall create and establish a special fund (herein referred\nto as capital reserve fund), and shall pay into such capital reserve\nfund (1) any monies appropriated and made available by the state or the\ncity of Yonkers for the purposes of such fund, (2) any proceeds of sale\nof notes or bonds to the extent provided in the resolution of the fund\nauthorizing the issuance thereof, and (3) any other monies which may be\nmade available to the fund for the purpose of such capital reserve fund\nfrom any other source or sources. All monies held in the capital reserve\nfund, except as hereinafter provided, shall be used solely for the\npayment of the principal of bonds of the fund as the same mature, the\npurchase of bonds of the fund, the payment of interest on such bonds of\nthe fund or the payment of any redemption premium required to be paid\nwhen such bonds are redeemed prior to maturity; provided, however, that\nmoneys in such capital reserve fund shall not be withdrawn therefrom at\nany time in such amount as would reduce the amount of such fund to less\nthan the maximum amount of principal and interest maturing and becoming\ndue in any succeeding fiscal year on all bonds of the fund then\noutstanding, except for the purpose of paying principal of and interest\non such bonds of the fund maturing and becoming due and for the payment\nof which other monies of the fund are not available. Any income or\ninterest earned by, or increment to, the capital reserve fund due to the\ninvestment thereof may be transferred to other funds or accounts to the\nextent it does not reduce the amount of the capital reserve fund below\nthe maximum amount of principal and interest maturing and becoming due\nin any succeeding calendar year on all bonds of the fund then\noutstanding.\n  (b) The fund shall not issue bonds at any time if the maximum amount\nof principal and interest maturing and becoming due in a succeeding\nfiscal year on such bonds then to be issued and on all other bonds of\nthe fund then outstanding will exceed the amount of the capital reserve\nfund at the time of issuance unless the fund, at the time of issuance of\nsuch bonds, shall deposit in the capital reserve fund from the proceeds\nof the bonds so to be issued, or otherwise, an amount which, together\nwith the amount then in such fund, will be not less than the maximum\namount of principal and interest maturing and becoming due in any\nsucceeding fiscal year on such bonds then to be issued and on all other\nbonds of the fund then outstanding.\n  (c) To assure the continued operation and solvency of the fund for the\ncarrying out of the public purposes of this article, provision is made\nin paragraph (a) of this subdivision for the accumulation in the capital\nreserve fund of an amount equal to the maximum amount of principal and\ninterest maturing and becoming due in any succeeding fiscal year on all\nbonds of the fund then outstanding. In order further to assure such\nmaintenance of the capital reserve fund, the board of education shall\nannually request from the city of Yonkers and pay over to the fund, for\ndeposit in the capital reserve fund, such sum, if any, as shall be\ncertified by the chairman of the fund to the board, the mayor and the\ndirector of the budget of the city of Yonkers as necessary to restore\nthe capital reserve fund to an amount equal to the maximum amount of\nprincipal and interest maturing and becoming due in the next succeeding\nfiscal year on the bonds of the fund then outstanding; provided,\nhowever, that such sum shall have been first appropriated by the city to\nthe board or shall otherwise have been made lawfully available to the\nboard for such purpose. The chairman of the fund shall annually, not\nlater than the fifteenth day of February in each year, make and deliver\nto the board and the mayor his certificate stating the amount, if any,\nrequired to restore the capital reserve fund to the amount aforesaid and\nthe amount so stated, if any, shall be paid to the fund by the board\nduring the then current fiscal year of the fund. In the event of the\nfailure or inability of the board to pay over the stated amount to the\nfund on or before August first of the same year, the chairman of the\nfund shall forthwith make and deliver to the mayor a further certificate\nrestating the amount so required and such amount shall be paid over to\nthe fund by the commissioner of finance out of the next payment of state\naid apportioned to the city of Yonkers on behalf of the city school\ndistrict of the city of Yonkers for the support of common schools. Any\namount so paid over to the fund shall be deducted from the corresponding\napportionment of state aid otherwise credited to the board of education\nfor its purposes and shall not obligate the state to make or entitle the\ncity or the board of education to receive any additional or increased\napportionment or payment of state aid for school purposes.\n  (d) In computing the amount of the capital reserve fund for the\npurposes of this section, securities in which all or a portion of such\nfund shall be invested shall be valued at par, or if purchased at less\nthan par, at their cost to the fund.\n  2. The fund may create and establish with the commissioner of finance\nor with a trustee one or more additional funds or accounts and, subject\nto agreements with bondholders and noteholders, may pay into such funds\nor accounts (i) fees and charges collected by the fund, (ii) monies\nwhich shall be transferred from the capital reserve fund pursuant to the\nprovisions of paragraph (a) of subdivision one of this section, and\n(iii) any other monies which may be made available to the fund from any\nother source or sources. The monies held in or credited to any such\nreserve fund or account may, in the discretion of the fund but subject\nto agreements with bondholders and noteholders, be used by the fund (a)\nfor the repayment of advances from the city of Yonkers, (b) to reimburse\nthe board of education of the city of Yonkers the reasonable costs of\nservices performed by the board for the fund pursuant to section four\nhundred seventy-nine of this article, (c) to pay all costs, expenses and\ncharges of financing, including fees and expenses of trustees and paying\nagents, (d) for transfers to the capital reserve fund, (e) for the\npayment of principal of and interest on bonds or notes issued by the\nfund when the same shall become due, whether at maturity or on call for\nredemption, and for the payment of any redemption premium required to be\npaid where such bonds or notes are redeemed prior to their stated\nmaturities, and to purchase bonds or notes issued by the fund, (f) for\nsuch other corporate purposes as the fund in its discretion shall\ndetermine and provide, or (g) for payment to the board of education for\nschool purposes.\n
N.Y. PML Law § 1306 — New York Code / Act PML / Article 13 / Title 1 / Section 1306
Powers of the board
Status: in_force

§ 1306. Powers of the board. The New York state gaming facility\nlocation board shall select, following a competitive process and subject\nto the restrictions of this article, no more than seven entities to\napply to the commission for gaming facility licenses; provided however,\nthat no more than three gaming facilities shall be located in zone one.\nIn exercising its authority, the board shall have all powers necessary\nor convenient to fully carry out and effectuate its purposes including,\nbut not limited to, the following powers. The board shall:\n  1. issue a request for applications for zone one or two gaming\nfacility licenses pursuant to section one thousand three hundred twelve\nor section one thousand three hundred twenty-one-b of this article;\n  2. assist the commission in prescribing the form of the application\nfor zone one or two gaming facility licenses including information to be\nfurnished by an applicant concerning an applicant's antecedents, habits,\ncharacter, associates, criminal record, business activities and\nfinancial affairs, past or present pursuant to section one thousand\nthree hundred thirteen or section one thousand three hundred\ntwenty-one-c of this article;\n  3. develop criteria, in addition to those outlined in this article, to\nassess which applications provide the highest and best value to the\nstate, the zone and the region in which a gaming facility is to be\nlocated;\n  4. determine a gaming facility license fee to be paid by an applicant;\n  5. determine, with the assistance of the commission, the sources and\ntotal amount of an applicant's proposed capitalization to develop,\nconstruct, maintain and operate a proposed gaming facility license under\nthis article;\n  6. have the authority to conduct investigative hearings concerning the\nconduct of gaming and gaming operations in accordance with any\nprocedures set forth in this article and any applicable implementing\nregulations;\n  7. issue detailed findings of facts and conclusions demonstrating the\nreasons supporting its decisions to select applicants for commission\nlicensure;\n  8. report annually to the governor, the speaker of the assembly and\nthe temporary president of the senate, its proceedings for the preceding\ncalendar year and any suggestions and recommendations as it shall deem\ndesirable;\n  9. promulgate any rules and regulations that it deems necessary to\ncarry out its responsibilities;\n  10. have the power to administer oaths and examine witnesses; and\nrequest and receive criminal history information as defined in paragraph\n(c) of subdivision one of section eight hundred forty-five-b of the\nexecutive law of the division of criminal justice services, pursuant to\nsubdivision eight-a of section eight hundred thirty-seven of the\nexecutive law, in connection with executing the responsibilities of the\nboard relating to licensing including fingerprinting, criminal history\ninformation and background investigations, of entities applying for a\ngaming facility license. At the request of the board, the division of\ncriminal justice services shall submit a fingerprint card, along with\nthe subject's processing fee, to the federal bureau of investigation for\nthe purpose of conducting a criminal history search and returning a\nreport thereon. The board shall also be entitled to request and receive,\npursuant to a written memorandum of understanding filed with the\ndepartment of state, any information in the possession of the state\nattorney general relating to the investigation of organized crime,\ngaming offenses, other revenue crimes or tax evasion. Provided however,\nthe attorney general may withhold any information that (a) would\nidentify a confidential source or disclose confidential information\nrelating to a criminal investigation, (b) would interfere with law\nenforcement investigations or judicial proceedings, (c) reveal criminal\ninvestigative techniques or procedures, that, if disclosed, could\nendanger the life or safety of any person, or (d) constitutes records\nreceived from other state, local or federal agencies that the attorney\ngeneral is prohibited by law, regulation or agreement from disclosing.\n
N.Y. EDN Law § 216-C — New York Code / Act EDN / Title 1 / Article 5 / Part 1 / Section 216-C
Special provisions for cutlery and knife museums that exhibit automatic knives
Status: in_force

§ 216-c. Special provisions for cutlery and knife museums that exhibit\nautomatic knives. 1. For the purposes of this section:\n  a. "automatic knife" has the meaning defined therefor in subdivision\nfive-c of section 265.00 of the penal law.\n  b. "cutlery and knife museum" means either: (i) a cutlery and knife\nmuseum or institution that is located in Orange, Sullivan, or Ulster\ncounty which is devoted to the public exhibition, display, or\ndemonstration of cutlery and knives, including an automatic knife\ncollection, and is incorporated for the promotion of art, education,\nhistory, and science, or for preserving the cultural significance of the\nmanufacture of knives and cutlery in the Hudson valley and throughout\nthe United States, or (ii) any other museum or institution, which is not\nlocated in a city having a population of one million or more, that is\nincorporated for the promotion of art, education, history, and science\nand which offers for public display or exhibition an automatic knife\ncollection.\n  2. A cutlery and knife museum that wishes to exhibit, show, or\ndisplay, in whole or in part, an automatic knife collection may be\nchartered, established, or otherwise permitted to operate and conduct\nits business pursuant to the provisions of this section and section two\nhundred sixteen of this part. Any such museum shall also be subject to\nthe other sections of this part applicable to museums or institutions;\nprovided that this section shall supersede any inconsistent provision of\nany other section of this part applicable to museums or institutions,\nexcept section two hundred sixteen of this part.\n  3. All applicants for a cutlery and knife museum subject to the\nprovisions of this section, who plan to exhibit, show, or display\nautomatic knives, shall be fingerprinted. Any other person thereafter\nseeking to become a director, officer, employee, or agent of such museum\nshall be fingerprinted. Such fingerprints shall be submitted to the\ndivision of criminal justice services for a state criminal history\nrecord check, as defined in subdivision one of section three thousand\nthirty-five of this chapter, and may be submitted to the federal bureau\nof investigation for a national criminal history record check.\n  4. Every museum that contains, displays, exhibits or demonstrates\ncutlery, knives and/or automatic knives that are unlawful to possess in\nthis state shall implement and submit for approval a security plan for\nsecuring such cutlery, knives and automatic knives to the division of\nstate police or police department or sheriff's office having\njurisdiction over the museum. The security plan will detail specific\nmeasures that would be used to prevent the unlawful use of such items.\nThe division of state police or police department or sheriff's office\nhaving jurisdiction over the museum shall review the plan and certify\nwhether it meets statutory requirements. Such plan must satisfy at least\nthe following requirements:\n  a. The building in which all cutlery, knife and automatic knife\ncollections are housed shall be secured against unauthorized entry,\nusing heavy duty locks and doors that are resistant to damage, and\nwindows shall be resistant to breakage.\n  b. The display and exhibition cases shall be securely locked at all\ntimes except when removing a single cutlery, knife or automatic knife\nitem to be placed in storage or on display; and\n  c. When not displayed, all cutlery, knives and automatic knives shall\nbe secured in a locked fireproof safe or vault on the premises or in a\nsimilar secured and locked area.\n  5. All cutlery and knife museums subject to the provisions of this\nsection that wish to ship or loan cutlery, knives or automatic knives to\nother licensed museums shall notify in writing and obtain approval from\nthe division of state police. Additionally, any museum that does not\ncontain, display, exhibit or demonstrate cutlery, knives or automatic\nknives that are unlawful to possess prior to the effective date of this\nsection shall implement and submit for approval a security plan pursuant\nto subdivision four of this section prior to obtaining such items.\n  6. No cutlery and knife museum, subject to the provisions of this\nsection, may introduce automatic knives into its premises until the\ndivision of state police or police department or sheriff's office having\njurisdiction over the museum has inspected the equipment and building\nfeatures specified in subdivisions four and five of this section and\ncertified in writing that all of them are in compliance with their\nstatutory requirements.\n  7. All cutlery and knife museums, subject to the provisions of this\nsection, shall be allowed to possess, own, collect, accept, and purchase\nautomatic knives to further their activities to promote art, education,\nhistory, and science, and for the preservation of the cultural\nsignificance of the manufacture of cutlery and knives in New York state.\n
N.Y. EDN Law § 1005 — New York Code / Act EDN / Title 1 / Article 21 / Section 1005
Gifts and donations
Status: in_force

§ 1005. Gifts and donations.  The department is authorized to receive,\naccept and use gifts and donations for the purpose of this article which\nmay be offered, conditionally or unconditionally, notwithstanding\nsection eleven of the state finance law or any other provision of law.\nAll money received as gifts or donations shall be paid to the\ncommissioner of taxation and finance, who together with the state\ncomptroller is hereby constituted and appointed the joint custodian\nthereof and shall constitute a special fund to be used under the\ndirection of the department for the purpose of this article.  A full\nreport of all such gifts and donations, together with the names of the\ndonors, the amounts contributed by each and all disbursements therefrom\nshall be submitted annually to the legislature as part of the report of\nthe department.\n
N.Y. EDN Law § 724 — New York Code / Act EDN / Title 1 / Article 15-C / Section 724
Policies addressing course material adoptions and sample materials
Status: in_force

§ 724. Policies addressing course material adoptions and sample\nmaterials. No employee at an institution of higher education shall\ndemand or receive any payment, loan, advance, goods, or deposit of\nmoney, present or promised, for adopting specific course materials\nrequired for coursework or instruction; with the exception that the\nemployee may receive:\n  1. sample copies, instructor's copies, or instructional material, that\nare not to be sold;\n  2. royalties or other compensation from sales of textbooks that\ninclude such instructor's own writing or work;\n  3. honoraria for academic peer review of course materials; or\n  4. training in the use of course materials and learning technologies.\n
N.Y. EXC Law § 612 — New York Code / Act EXC / Article 21-B / Title 1 / Section 612
Powers and duties of the advisory council
Status: in_force

§ 612. Powers and duties of the advisory council. The advisory council\nshall have the following functions, powers, and duties:\n  1. To assist in the development of certification requirements and\nfees, warranty seal requirements and fees, and warranty standards for\nmanufacturers and installers;\n  2. To assist in the development of training and continuing education\nrequirements;\n  3. To assist in the creation of a consumer awareness pamphlet\ndetailing the certification process and resolution of dispute process.\nThe pamphlet shall also explain the differences between types of houses\n(mobile, modular and manufactured);\n  4. To examine consumer protection issues, including but not limited\nto, manufactured housing financing and sales practices;\n  5. To examine the differences of manufactured and modular housing\nregulations and make recommendations to the department and the\nlegislature on an annual basis; and\n  6. To submit annual reports by December thirty-first, two thousand six\nand each year thereafter, to the governor, the temporary president of\nthe senate and the speaker of the assembly that details the\nrecommendations of the advisory council regarding manufactured housing\nin New York state. The advisory council shall, as part of its report,\ndetail the number of complaints received by the department and the\nnumber of disputes resolved through the department.\n
N.Y. EDN Law § 360 — New York Code / Act EDN / Title 1 / Article 8 / Section 360
Powers to Regulate Traffic on University Grounds
Status: in_force

§ 360. Powers to Regulate Traffic on University Grounds. 1. For the\npurpose of providing for the safety and convenience of its students,\nfaculty, employees, and visitors within and upon the property, roads,\nstreets, and highways under the supervision and control of the state\nuniversity, the board of trustees is hereby authorized to:\n  a. Adopt and enforce such provisions of the vehicle and traffic law,\nor any rules of the state department of transportation adopted under the\nauthority of that law, as control or regulate vehicular or pedestrian\ntraffic and parking.\n  b. Adopt and enforce such additional rules and regulations for the\ncontrol of vehicular or pedestrian traffic and parking as local\nauthorities are permitted to adopt and enforce pursuant to the vehicle\nand traffic law.\n  c. Adopt and enforce campus rules and regulations not inconsistent\nwith the vehicle and traffic law relating to parking, vehicular and\npedestrian traffic, and safety. Such rules and regulations may include\nprovisions for the disposition of abandoned vehicles, removal by towing\nor otherwise of vehicles parked in violation of such rules at the\nexpense of the owner, the payment of fees for the registration or\nparking of such vehicles, provided that such campus rules and\nregulations may provide that any veteran attending the state university\nas a student shall be exempt from any fees for parking or registering a\nmotor vehicle, and the assessment of administrative fines upon the owner\nor operator of such vehicles for each violation of the regulations.\nHowever, no such fine may be imposed without a hearing or an opportunity\nto be heard conducted by an officer or board designated by the board of\ntrustees. Such fines, in the case of an officer or employee of state\nuniversity, may be deducted from the salary or wages of such officer or\nemployee found in violation of such regulations, or in the case of a\nstudent of state university found in violation of such regulations, the\nuniversity may withhold his or her grades and transcripts until such\ntime as any fine is paid. For purposes of this subdivision, the term\n"veteran" shall mean a member of the armed forces of the United States\nwho served in such armed forces in time of war and who (i) was honorably\ndischarged or released under honorable circumstances from such service,\nor (ii) has a qualifying condition, as defined in section one of the\nveterans' services law, and has received a discharge other than bad\nconduct or dishonorable from such service, or (iii) is a discharged LGBT\nveteran, as defined in section one of the veterans' services law, and\nhas received a discharge other than bad conduct or dishonorable from\nsuch service.\n  d. To erect, operate and maintain at the entrance or entrances to any\nsuch grounds and at other appropriate points thereon or therein\nappropriate control lights, signs and signals.\n  2. A violation of any section of the vehicle and traffic law or of any\nrule of the state department of transportation made applicable as\nprovided in paragraphs a or b of subdivision one hereof, shall be a\nmisdemeanor or traffic infraction as designated in such law or rules as\nthe case may be, and shall be punishable as therein provided. Such laws,\nrules and regulations shall be enforced, and violations thereof where\ndesignated a misdemeanor or traffic infraction shall be punishable in\nany court having jurisdiction in the territory in which such violations\nshall occur.\n  3. Notice of all such laws, rules, and regulations adopted or made\napplicable pursuant to paragraphs a and b of subdivision one shall be\ngiven by filing a copy of all such laws, rules and regulations in the\noffice of the secretary of state, the office of the clerk of the city,\ntown, or village where they may be enforced, and in the office of the\ncampus security director or such other location as may be designated by\nthe campus chief administrative officer. Notice of campus rules and\nregulations adopted pursuant to paragraph c of subdivision one shall be\ngiven by filing in the office of the campus security director or such\nother location as may be designated by the campus chief administrative\nofficer.\n  4. The persons designated as police officers by the board of trustees,\npursuant to paragraph l of subdivision two of section three hundred\nfifty-five of this chapter, shall have the power among all other police\npowers to issue a uniform traffic summons and complaint as provided in\nthe vehicle and traffic law and simplified traffic informations as\nprovided for in the criminal procedure law for traffic violations\ncommitted within the geographical area of employment of such police\nofficers, such informations to be administered pursuant to the\nprovisions of article two-A of the vehicle and traffic law, where\napplicable.\n
N.Y. SOS Law § 56 — New York Code / Act SOS / Article 3 / Title 1 / Section 56
City social services districts
Status: in_force

§ 56.  City social services districts.   The city of New York shall\nhave all the powers and duties of a social services district insofar as\nconsistent with the provisions of the special and local laws relating to\nsuch city.  The officers thereof charged with the administration of\npublic assistance and care shall have additional powers and duties of a\ncommissioner of social services not inconsistent with the laws relating\nto said city.\n
N.Y. EDN Law § 392 — New York Code / Act EDN / Title 1 / Article 8-B / Section 392
Rates of contribution
Status: in_force

§ 392. Rates of contribution. * 1. Employer contributions. In the case\nof any electing employee initially appointed on or before June\nthirtieth, nineteen hundred ninety-two, the state, with respect to\nemployees of state university, and the electing employer, with respect\nto employees of a community college, shall, during continuance of his\nemployment, make contributions at the rate of nine percentum of that\nportion of his salary upon which contributions, if any, are or may\nhereafter be paid to the secretary of the treasury of the United States\npursuant to article three of the retirement and social security law and\nat the rate of twelve percentum of any portion of his salary upon which\nsuch contributions are not paid, out of monies which shall be\nappropriated to state university or which shall be available to the\nelecting employer for such purpose. In the case of any electing employee\ninitially appointed on or after July first, nineteen hundred ninety-two,\nthe state, with respect to employees of the state university and the\nelecting employer, with respect to employees of a community college,\nshall, during continuance of his employment, make contributions at the\nrate of eight percentum of his salary during the first seven years of\nsuch employment and at the rate of ten percentum of his salary\nthereafter, out of monies which shall be appropriated to the state\nuniversity or which shall be available to the electing employer for such\npurpose. For purposes of this subdivision, that portion of the\nemployee's salary upon which contributions are or may thereafter be paid\nto the secretary of the treasury of the United States pursuant to\narticle three of the retirement and social security law shall be deemed\nnot to exceed sixteen thousand five hundred dollars.\n  * NB Effective until October 1, 2026\n  * 1. Employer contributions. In the case of any electing employee\ninitially appointed on or before June thirtieth, nineteen hundred\nninety-two, the state, with respect to employees of state university,\nand the electing employer, with respect to employees of a community\ncollege, shall, during continuance of his employment, make contributions\nat the rate of nine percentum of that portion of their salary upon which\ncontributions, if any, are or may hereafter be paid to the secretary of\nthe treasury of the United States pursuant to article three of the\nretirement and social security law and at the rate of twelve percentum\nof any portion of their salary upon which such contributions are not\npaid, out of monies which shall be appropriated to state university or\nwhich shall be available to the electing employer for such purpose. In\nthe case of any electing employee initially appointed on or after July\nfirst, nineteen hundred ninety-two, the state, with respect to employees\nof the state university and the electing employer, with respect to\nemployees of a community college, shall, during continuance of their\nemployment, make contributions at the rate of eight percentum of their\nsalary during the first seven years of such employment and at the rate\nof ten percentum of their salary thereafter, out of monies which shall\nbe appropriated to the state university or which shall be available to\nthe electing employer for such purpose, provided however, that effective\nOctober first, two thousand twenty-six, in the case of any electing\nemployee initially appointed on or after April first, two thousand\ntwelve, with respect to employees of the state university and the\nelecting employer, with respect to employees of a community college,\nshall, during continuance of their employment, make contributions at the\nrate of nine percentum of their salary during the first seven years of\nsuch employment and at the rate of eleven percentum of their salary\nthereafter, out of monies which shall be appropriated to the state\nuniversity or which shall be available to the electing employer for such\npurpose. For purposes of this subdivision, that portion of the\nemployee's salary upon which contributions are or may thereafter be paid\nto the secretary of the treasury of the United States pursuant to\narticle three of the retirement and social security law shall be deemed\nnot to exceed sixteen thousand five hundred dollars.\n  * NB Effective October 1, 2026\n  * 1-a. Employer contributions. In the case of any electing employee\nexcluded from or not encompassed within a negotiating unit within the\nmeaning of article fourteen of the civil service law initially hired on\nor after July first, two thousand thirteen, the state and the electing\nemployer shall, during the continuance of his or her employment, make\ncontributions at the rate of eight per centum of his or her salary.\n  * NB Effective until October 1, 2026\n  * 1-a. Employer contributions. In the case of any electing employee\nexcluded from or not encompassed within a negotiating unit within the\nmeaning of article fourteen of the civil service law initially hired on\nor after July first, two thousand thirteen, the state and the electing\nemployer shall, during the continuance of their employment, make\ncontributions at the rate of eight per centum of their salary, provided\nhowever, that effective October first, two thousand twenty-six, the\nstate and the electing employer shall, during the continuance of their\nemployment, make contributions at the rate of nine percentum of their\nsalary.\n  * NB Effective October 1, 2026\n  2. Employee contributions. (a) In the case of any electing employee,\ncontributions at the rate of three percentum of his salary shall be\ndeducted as the employee contribution by the comptroller, or by the\nappropriate fiscal officer with respect to an electing employer,\nprovided however, that such employee contribution shall be made by (i)\nthe state for employees other than those employed by an electing\nemployer in accordance with subdivision one of this section during such\nperiod as (a) either section seventy-a of the retirement and social\nsecurity law or section five hundred twenty-eight of this title provides\nthat the contribution of each member of the New York state employees'\nretirement system or the New York state teachers' retirement system in\nthe employ of the state shall be reduced by at least eight percentum of\nhis compensation or (b) employee contributions to either such system are\nno longer required by reason of such system becoming noncontributory for\nstate employees, or (ii) by the electing employer in accordance with\nsubdivision one of this section during such period as the contributions\nof any members of either the New York state employees' retirement system\nor the New York state teachers' retirement system or of any other public\nretirement system in this state in its employ shall (a) be reduced by at\nleast eight percentum of their compensation in accordance with section\nseventy-a of the retirement and social security law or section five\nhundred twenty-nine of this title or section B3-36.1 or section B20-41.1\nof the administrative code of the city of New York or (b) employee\ncontributions to any such system of which any of its employees are\nmembers are no longer required by reasons of such system becoming non\ncontributory for such employees; and provided further, however, that\nsuch employee contribution with respect to the fiscal year of the city\nof New York beginning on July first, nineteen hundred seventy-two and\nending on June thirtieth, nineteen hundred seventy-three shall be made\nby the electing employer in the case of any electing employee who is\nemployed by a community college operated in such city, notwithstanding\nany of the foregoing provisions of this subdivision to the contrary.\n  (b) Notwithstanding any provision of paragraph (a) of this subdivision\nor any other provision of law to the contrary, but subject to the\nprovisions of subdivision d of section six hundred thirteen of the\nretirement and social security law, in the case of any electing employee\ninitially appointed on or after July first, nineteen hundred ninety-two\nwho is employed by a community college subject to the provisions of this\narticle which is operated in the city of New York, contributions at the\nrate of three percentum of his or her salary shall be deducted as the\nemployee contribution by the appropriate fiscal officer with respect to\nsuch community college.\n  (c) Notwithstanding any other provision of this section or any other\nlaw to the contrary, (1) on and after April first, two thousand eight\nfor a member who joined the optional retirement program established\npursuant to this article before April first, two thousand twelve and who\nhas ten or more years of membership in such optional retirement program,\nthe state shall contribute one-third of the three percent employee\ncontribution required pursuant to the provisions of this section on\nbehalf of such employee; and (2) on and after April first, two thousand\nnine for a member who joined the optional retirement program established\npursuant to this article before April first, two thousand twelve and who\nhas ten or more years of membership in such optional retirement program,\nthe state shall contribute two-thirds of the three percent employee\ncontribution required pursuant to the provisions of this section on\nbehalf of such employee; and (3) on and after April first, two thousand\nten for a member who joined the optional retirement program established\npursuant to this article before April first, two thousand twelve and who\nhas ten or more years of membership in such optional retirement program,\nthe state shall contribute the three percent employee contribution\nrequired pursuant to the provisions of this section on behalf of such\nemployee. The provisions of this paragraph shall not apply to any\nelecting employee who becomes a member of the optional retirement\nprogram on or after April first, two thousand twelve.\n  * (d) Notwithstanding any other law to the contrary, beginning April\nfirst, two thousand thirteen any electing employee appointed on or after\nApril first, two thousand twelve, the rate at which each such employee\nshall contribute in any current plan year (January first to December\nthirty-first) shall be determined by reference to the wages of such\nmember in the second plan year (January first to December thirty-first)\npreceding such current plan year as follows:\n  (i) members with wages of forty-five thousand dollars per annum or\nless shall contribute three per centum of annual wages;\n  (ii) members with wages greater than forty-five thousand per annum,\nbut not more than fifty-five thousand per annum shall contribute three\nand one-half per centum of annual wages;\n  (iii) members with wages greater than fifty-five thousand per annum,\nbut not more than seventy-five thousand per annum shall contribute four\nand one-half per centum of annual wages;\n  (iv) members with wages greater than seventy-five thousand per annum\nbut not more than one hundred thousand per annum shall contribute five\nand three-quarters per centum of annual wages; and\n  (v) members with wages greater than one hundred thousand per annum\nshall contribute six per centum of annual wages.\n  Notwithstanding the foregoing, during each of the first three plan\nyears (January first to December thirty-first) in which such member has\nestablished membership in the State University Optional Retirement\nProgram, such employee shall contribute a percent of annual wages in\naccordance with the preceding schedule based upon a projection of annual\nwages provided by the employer.\n  * NB Effective until October 1, 2026\n  * (d) Notwithstanding any other law to the contrary, beginning April\nfirst, two thousand thirteen any electing employee appointed on or after\nApril first, two thousand twelve, the rate at which each such employee\nshall contribute in any current plan year (January first to December\nthirty-first) shall be determined by reference to the wages of such\nmember in the second plan year (January first to December thirty-first)\npreceding such current plan year as follows:\n  (i) members with wages of forty-five thousand dollars per annum or\nless shall contribute three per centum of annual wages;\n  (ii) members with wages greater than forty-five thousand dollars per\nannum, but not more than fifty-five thousand dollars per annum shall\ncontribute three and one-half per centum of annual wages;\n  (iii) members with wages greater than fifty-five thousand dollars per\nannum, but not more than seventy-five thousand dollars per annum shall\ncontribute four and one-half per centum of annual wages;\n  (iv) members with wages greater than seventy-five thousand dollars per\nannum but not more than one hundred thousand dollars per annum shall\ncontribute five and three-quarters per centum of annual wages; and\n  (v) members with wages greater than one hundred thousand dollars per\nannum shall contribute six per centum of annual wages.\n  Notwithstanding the foregoing, during each of the first three plan\nyears (January first to December thirty-first) in which such member has\nestablished membership in the State University Optional Retirement\nProgram, such employee shall contribute a percent of annual wages in\naccordance with the preceding schedule based upon a projection of annual\nwages provided by the employer, provided, however, that notwithstanding\nany other law to the contrary, on and after October first, two thousand\ntwenty-six, the rate at which any electing employee who is subject to\nthis paragraph shall contribute in any current plan year (January first\nto December thirty-first) shall be determined by reference to the wages\nof such member in the second plan year (January first to December\nthirty-first) preceding such current plan year as follows:\n  (i) members with wages of seventy-five thousand dollars per annum or\nless shall contribute three per centum of annual wages;\n  (ii) members with wages greater than seventy-five thousand dollars per\nannum but not more than one hundred thousand dollars per annum shall\ncontribute four per centum of annual wages;\n  (iii) members with wages greater than one hundred thousand dollars per\nannum but not more than one hundred twenty-five thousand dollars per\nannum shall contribute five and one-quarter per centum of annual wages;\nand\n  (iv) members with wages greater than one hundred twenty-five thousand\ndollars per annum shall contribute five and three-quarters per centum of\nannual wages.\n  * NB Effective October 1, 2026\n  3. Payment of contributions pursuant to subdivisions one and two of\nthis section shall be made to the designated insurer or insurers upon\naudit and warrant of the comptroller for employees of the state\nuniversity and by the appropriate fiscal officer for employees of an\nelecting employer.\n  4. In the case of an electing employee initially appointed on or after\nJuly first, nineteen hundred sixty-four, no contributions pursuant to\nsubdivisions one and two of this section shall be made by the state or\nby the electing employer until his completion of one year of service and\ncontinuance in service thereafter. Employee contributions, if any,\nrequired during this initial year of service shall be deducted and held\nby the comptroller or by the appropriate fiscal officer of an electing\nemployer. At the end of his initial year of service, a single\ncontribution in an amount determined pursuant to subdivisions one and\ntwo of this section, with interest at the rate of four percentum per\nannum, shall be made by the state, upon audit and warrant of the\ncomptroller, and by the appropriate fiscal officer for an electing\nemployer, to the designated insurer or insurers, on behalf of such\nemployee continued in service. In the case of an electing employee who\ndoes not continue in service with state university or with a community\ncollege beyond his initial year of service, the amount of employee\ncontribution, if any, deducted from his salary shall be refunded to him,\nwith interest at the rate of four percentum per annum.\n  5. The provisions of subdivision four of this section shall not apply\nto any electing employee other than an employee appointed for a\nspecified period of less than three months who, at the time of initial\nappointment, owns a contract determined by the board to be similar to\nthose contracts to be purchased under the optional retirement program\nand issued by the designated insurer or insurers.\n
N.Y. EDN Law § 348 — New York Code / Act EDN / Title 1 / Article 7-A / Section 348
Severability
Status: in_force

§ 348. Severability.  If any provision of this article shall be\ndeclared unconstitutional or invalid, the other provisions shall remain\nin effect notwithstanding.\n
N.Y. SOS Law § 131-O — New York Code / Act SOS / Article 5 / Title 1 / Section 131-O
Personal allowances accounts
Status: in_force

§ 131-o. Personal allowances accounts. 1. Each individual receiving\nfamily care, residential care or care in a school for individuals with\ndevelopmental disabilities, or enhanced residential care as those terms\nare defined in section two hundred nine of this chapter, and who is\nreceiving benefits under the program of additional state payments\npursuant to this chapter while receiving such care, shall be entitled to\na monthly personal allowance out of such benefits in the following\namount:\n  * (a) in the case of each individual receiving family care, an amount\nequal to at least $186.00 for each month beginning on or after January\nfirst, two thousand twenty-five.\n  * NB Effective until December 31, 2026\n  * (a) in the case of each individual receiving family care, an amount\nequal to at least $191.00 for each month beginning on or after January\nfirst, two thousand twenty-six.\n  * NB Effective December 31, 2026\n  * (b) in the case of each individual receiving residential care, an\namount equal to at least $213.00 for each month beginning on or after\nJanuary first, two thousand twenty-five.\n  * NB Effective until December 31, 2026\n  * (b) in the case of each individual receiving residential care, an\namount equal to at least $219.00 for each month beginning on or after\nJanuary first, two thousand twenty-six.\n  * NB Effective December 31, 2026\n  * (c) in the case of each individual receiving enhanced residential\ncare, an amount equal to at least $255.00 for each month beginning on or\nafter January first, two thousand twenty-five.\n  * NB Effective until December 31, 2026\n  * (c) in the case of each individual receiving enhanced residential\ncare, an amount equal to at least $262.00 for each month beginning on or\nafter January first, two thousand twenty-six.\n  * NB Effective December 31, 2026\n  * (d) for the period commencing January first, two thousand\ntwenty-six, the monthly personal needs allowance shall be an amount\nequal to the sum of the amounts set forth in subparagraphs one and two\nof this paragraph:\n  (1) the amounts specified in paragraphs (a), (b) and (c) of this\nsubdivision; and\n  (2) the amount in subparagraph one of this paragraph, multiplied by\nthe percentage of any federal supplemental security income cost of\nliving adjustment which becomes effective on or after January first, two\nthousand twenty-six, but prior to June thirtieth, two thousand\ntwenty-six, rounded to the nearest whole dollar.\n  * NB Effective until December 31, 2026\n  * (d) for the period commencing January first, two thousand\ntwenty-seven, the monthly personal needs allowance shall be an amount\nequal to the sum of the amounts set forth in subparagraphs one and two\nof this paragraph:\n  (1) the amounts specified in paragraphs (a), (b) and (c) of this\nsubdivision; and\n  (2) the amount in subparagraph one of this paragraph, multiplied by\nthe percentage of any federal supplemental security income cost of\nliving adjustment which becomes effective on or after January first, two\nthousand twenty-seven, but prior to June thirtieth, two thousand\ntwenty-seven, rounded to the nearest whole dollar.\n  * NB Effective December 31, 2026\n  2. The personal allowance described in subdivision one of this section\nshall be made directly available to the individual for his own use in\nobtaining clothing, personal hygiene items, and other supplies and\nservices for his personal use not otherwise provided by the residential\nfacility. Any waiver of the right to a personal allowance by an\nindividual entitled to it shall be void. The facility shall, for each\nsuch individual, offer to establish a separate account for the personal\nallowance. Each individual electing to utilize such an account shall be\nentitled to a statement upon request, and in any case quarterly, setting\nforth the deposits and withdrawals, and the current balance of the\naccount. A facility shall not demand, require or contract for payment of\nall or any part of the personal allowance in satisfaction of the\nfacility rate for supplies and services and shall not charge the\nindividual or the account for any supplies or services that the facility\nis by law, regulation or agreement with the individual required to\nprovide or for any medical supplies or services for which payment is\navailable under medical assistance, pursuant to this title, medicare\npursuant to title XVIII of the federal social security act, or any third\nparty coverage. Any service or supplies provided by the facility,\ncharged to the individual or the account shall be provided only with the\nspecific consent of the individual, who shall be furnished in advance of\nthe provision of the services or supplies with an itemized statement\nsetting forth the charges for the services or supplies. Whenever a\nresident authorizes an operator of a facility to exercise control over\nhis or her personal allowance such authorization shall be in writing and\nsubscribed by the parties to be charged. Any such money shall not be\nmingled with the funds or become an asset of the facility or the person\nreceiving the same, but shall be segregated and recorded on the\nfacility's financial records as independent accounts.\n  3. Any individual who has not received or been able to control\npersonal allowance funds to the extent and in the manner required by\nthis section may maintain an action in his own behalf for recovery of\nany such funds, and upon a showing that the funds were intentionally\nmisappropriated or withheld to other than the intended use, for recovery\nof additional punitive damages in an amount equal to twice the amount\nmisappropriated or withheld. The department may investigate any\nsuspected misappropriation or withholding of personal allowance funds\nand may maintain an action on behalf of any individual to recover any\nfunds so misappropriated, including any punitive damages. Any funds\nobtained as a result of such an action shall be disregarded in\ndetermining such individual's eligibility for or amount of benefits\navailable pursuant to this chapter, to the extent permitted by federal\nlaw and regulation.\n  4. Each facility subject to the provisions of this section shall\nmaintain in accordance with department regulations complete records and\ndocumentation of all transactions involving resident personal allowance\naccounts, and shall make such records available to the department and to\nany other agency responsible for the inspection and supervision of the\nfacility upon request, with respect to any individual who is receiving\nadditional state payments.\n  5. Any agency having supervisory responsibilities over any facility\nsubject to the provisions of this section shall, at the time of any\ninspection of such a facility, inquire into the furnishing of and\naccounting for resident personal allowances, and shall report any\nviolations or suspected violations of this section to the department.\nThe department shall have primary responsibility for monitoring the\npersonal allowance requirements of this section; provided, however, that\nthe department may by cooperative agreement delegate such monitoring and\nenforcement functions, in whole or in part, with respect to any\nfacility, to any other state agency having supervisory responsibilities\nover such facility.\n  6. At the time an individual ceases to be a resident at the facility\nmaintaining a resident personal allowance account on his behalf, the\nfunds in such account shall be transferred to such individual or another\nappropriate individual or agency for use on his behalf, in accordance\nwith department regulations.\n  7. Any facility subject to the provisions of this section shall assure\nthat any income of an individual residing therein that not considered in\ndetermining such individual's eligibility for or amount of benefits\nunder the program of additional state payments pursuant to title six of\narticle five of this chapter, other than unearned income paid from\nnon-public sources for the purpose of meeting the cost, in part or in\nwhole, of such person's care and maintenance in such a facility, is\ntreated in the same manner as the personal allowance required to be made\navailable to the individual pursuant to this section.\n  8. In any case in which a person receives a payment of additional\nstate payment benefits for a month other than the month in which the\npayment is received, the full monthly personal allowance for the months\nto which the payment is attributable shall be made available to the\nindividual at such time as the payment has been received; in no event\nshall the facility be found to have failed to comply with the provisions\nof this section solely by reason of having failed to make such monthly\npersonal allowance available prior to the time such payment is actually\nreceived.\n  9. In addition to any damages or civil penalties to which a person may\nbe subject;\n  (a) any person who intentionally withholds a resident's personal\nallowance, or who demands, beneficially receives, or contracts for\npayment of all or any part of a resident's personal allowances in\nsatisfaction of the facility rate for supplies and services shall be\nguilty of a class A misdemeanor;\n  (b) any person who commingles, borrows from or pledges any personal\nallowance funds required to be held in a separate account shall be\nguilty of a class A misdemeanor.\n
N.Y. PBG Law § 402-C — New York Code / Act PBG / Article 13 / Title 1 / Section 402-C
Notice upon denial of request
Status: in_force

* § 402-c. Notice upon denial of request. The New York city housing\nauthority shall provide a tenant, upon the denial of any request that\nwould permit a tenant to institute a grievance procedure, with a written\nnotice specifically articulating its reasons for such denial. Any such\nnotice shall also inform a tenant of the right to grieve a request\ndenial and the process by which such tenant may institute a grievance\nprocedure.\n  * NB There are 2 § 402-c's\n
N.Y. EDN Law § 752 — New York Code / Act EDN / Title 1 / Article 16 / Section 752
Loan of computer software
Status: in_force

§ 752. Loan of computer software.  1. In the several cities and school\ndistricts of the state, boards of education, trustees or such body or\nofficers as perform the function of such boards shall have the power and\nduty to loan upon request of an individual or a group of individual\npupils, to all pupils defined in subdivision three of section seven\nhundred fifty-one of this article, software programs. Software programs\nloaned to such pupils attending private schools shall be software\nprograms which are designated for use in any public elementary or\nsecondary schools of the state or are approved by any board of\neducation, trustees or other school authorities. Such software programs\nare to be loaned free to such children subject to such rules and\nregulations as are or may be prescribed by the board of regents and such\nboards of education, trustees or other school authorities.\n  2. No school district shall be required to loan software programs in\nexcess of the software programs owned or acquired by such district\npursuant to section seven hundred fifty-one of this article. Such\nsoftware programs shall be loaned on an equitable basis to children\ndefined in subdivision three of section seven hundred fifty-one of this\narticle attending in the current year. The payment of tuition under\narticle eighty-nine of this chapter is deemed to be an equitable loan to\nchildren for whom such tuition is paid.\n
N.Y. GOB Law § 17-101 — New York Code / Act GOB / Article 17 / Title 1 / Section 17-101
Acknowledgment or new promise must be in writing
Status: in_force

§ 17-101. Acknowledgment or new promise must be in writing. An\nacknowledgment or promise contained in a writing signed by the party to\nbe charged thereby is the only competent evidence of a new or continuing\ncontract whereby to take an action out of the operation of the\nprovisions of limitations of time for commencing actions under the civil\npractice law and rules other than an action for the recovery of real\nproperty. This section does not alter the effect of a payment of\nprincipal or interest.\n
N.Y. SOS Law § 134 — New York Code / Act SOS / Article 5 / Title 1 / Section 134
Supervision
Status: in_force

§ 134. Supervision.  The social service officials responsible under\nsection one hundred thirty-two for investigating any application for\npublic assistance and care, shall maintain close contact with persons\ngranted public assistance and care.  Such persons shall be visited as\nfrequently as is provided by the regulations of the department or\nrequired by the circumstances of the case, in order that any treatment\nor service tending to restore such persons to a condition of\nself-support and to relieve their distress may be rendered and in order\nthat assistance or care may be given only in such amount and as long as\nnecessary.  Persons receiving care in an institution shall be visited as\noften as may be necessary in order that any service or care needed by\nthem shall be provided and in order that institutional care shall be\ngiven only as long as it is advantageous for the person's welfare.  The\ncircumstances of a person receiving continued care shall be\nreinvestigated as frequently as the regulations of the department may\nrequire.\n
N.Y. PBA Law § 3321 — New York Code / Act PBA / Article 10-C / Title 1 / Section 3321
Applicability of law
Status: in_force

§ 3321.  Applicability of law. The provisions of this title shall be\nsubject to the provisions of the civil practice law and rules, the\npublic health law, the mental hygiene law, the social services law, the\neducation law and any other applicable law or regulation, including any\namendment thereto provided, however, nothing in this section shall\nrequire the county or corporation to seek approval or consent for any\ntransfer pursuant to sections thirty-three hundred seven and\nthirty-three hundred nineteen of this title.\n
N.Y. EDN Law § 110 — New York Code / Act EDN / Title 1 / Article 3 / Part 1 / Section 110
Refunds
Status: in_force

§ 110. Refunds.  1. Moneys received by the state education department\npursuant to this chapter prior to July first, nineteen hundred\nforty-two, may be refunded:  (a) Where such moneys were not required by\nlaw or regents' rule.  (b) Where such moneys were in excess of the\namounts required by law or regents' rule.  (c) Where fees are paid by\napplicants who are not permitted to enter examinations for which such\nfees are paid.  Any such moneys received after July first, nineteen\nhundred forty-two shall not be so refunded unless application for such\nrefund has been made within two years after its receipt by the state\neducation department, except that applicants for professional licenses\nmay make an application for a refund within two years of the withdrawal\nor denial of the application, whichever occurs first.\n  2. Applicants for professional licenses not receiving such licenses\nmay be granted partial refunds not exceeding fifty percent of the fee\npaid to the department unless they have failed  the examinations for\nsuch licenses, in which case such applicants may not receive a refund.\nEach applicant for a professional license who has at any time received a\npartial refund of an initial license application fee shall pay all\nrequired fees upon submitting any subsequent application for initial\nlicensure.\n
N.Y. VAT Law § 145-B — New York Code / Act VAT / Title 1 / Article 1 / Section 145-B
State interstate routes
Status: in_force

§ 145-b. State interstate routes.  Those highways specified and\ndescribed as such pursuant to section three hundred forty-a of the\nhighway law.\n
N.Y. EDN Law § 530 — New York Code / Act EDN / Title 1 / Article 11 / Section 530
Pensions-providing-for-increased-take-home-pay-for-teachers
Status: in_force

§ 530. Pensions-providing-for-increased-take-home-pay-for-teachers. 1.\nNotwithstanding any other provision of law to the contrary, a. beginning\non the first day of July, nineteen hundred sixty-five, and ending on the\nthirtieth day of June, nineteen hundred seventy, the contribution of\neach member of the retirement system who is a teacher within the\nprovisions of subdivision four of section five hundred one of this\narticle who is not in the employ of the state of New York or who is not\nin the employ of a community college shall be reduced by five per centum\nof the compensation paid such member, and\n  b. beginning on the first day of July, nineteen hundred sixty-seven,\nand ending on the thirtieth day of June, nineteen hundred seventy, the\ncontribution of each member of the retirement system who is a teacher\nwithin the provisions of subdivision four of section five hundred one of\nthis article who is not in the employ of the state of New York or who is\nnot in the employ of a community college shall be reduced by an\nadditional three per centum of the compensation paid such member.\n  Where a member's rate of contribution is less than the per centum by\nwhich his contribution is reduced, such rate shall be discontinued. A\nmember whose rate of contribution shall be reduced pursuant to the\nprovisions of this subdivision shall be deemed to have elected to have\nhis rate so reduced unless he files an election pursuant to the\nprovisions of subdivision two of this section.\n  2. Any member whose rate of contribution is reduced pursuant to the\nprovisions of subdivision one of this section may by a written notice,\nduly acknowledged and filed with the retirement board within one year\nafter such reduction or within one year after he last became a member,\nwhichever is later, elect to make an additional contribution in addition\nto other contributions otherwise allowed in this article equal to the\namount of such reduction. One year or more after the filing of such\nnotice a member may withdraw such election by filing a written notice\nduly acknowledged and filed with the retirement board.\n  3. For the period of time as the provisions of this section shall be\nin effect, contributions for each member of the system whose rate of\ncontribution is reduced by virtue of the provisions of subdivision one\nof this section shall be made to the pension accumulation fund by his\nemployer in the same manner and at the same time as other contributions\nmade by the employer as employer of members of the retirement system at\na rate fixed by the actuary which shall be computed to be sufficient to\nprovide pensions-providing-for-increased-take-home-pay-for-teachers and\nother benefits which become payable on account of members not employed\nby the state of New York or by a community college. The actuary engaged\nby the retirement board shall compute an additional contribution to be\nknown as the "special deficiency contribution to provide a\nreserve-for-increased-take-home-pay-for-teachers." The amount of the\nreserve-for-increased-take-home-pay-for-teachers shall be the present\nvalue of that per centum of the member's compensation by which his\ncontribution is reduced, or would otherwise be reduced if his rate of\ncontribution equaled or exceeded eight per centum, during the period for\nwhich his rate of contribution was reduced as provided in subdivision\none, plus regular and additional interest thereon to the date that\npension and other benefits become payable.\n  4. Upon retirement a member whose rate of contribution shall be\nreduced pursuant to the provisions of subdivision one of this section\nwill receive, in addition to the annuity and other pension benefits\nprovided by this article, a pension which is the actuarial equivalent of\nthe reserve-for-increased-take-home-pay-for-teachers to which he may be\nentitled, if any.\n  5. In addition to the return of accumulated contributions and the\ndeath benefit provided by the provisions of section five hundred twelve\nof this article, upon the death of a member who died before the\neffective date of his retirement and was in service upon which his\nmembership was based when he died or was on the payroll in such service\nand paid within a period of twelve months prior to his death and had not\nbeen otherwise gainfully employed since he ceased to be on such payroll,\nand provided further, he had credit for one or more years of service\nwhile actually a member, then the\nreserve-for-increased-take-home-pay-for-teachers attributable to such\nmember shall be paid in the same manner and at the same time as the\ndeath benefit is paid by reason of such member's membership in the\nretirement system.\n  6. The reserve-for-increased-take-home-pay-for-teachers shall be a\nportion of the pension accumulation fund and upon the retirement of a\nnew entrant an amount equal to the\nreserve-for-increased-take-home-pay-for-teachers for such member shall\nbe transferred from the pension accumulation fund to the pension reserve\nfund.\n  7. If a person has been a member of the retirement system and\ncontributions have been made by his employer to provide a\nreserve-for-increased-take-home-pay-for-teachers and such person has\nceased to be a member of the system and upon rejoining the retirement\nsystem claims credit for such period, the member shall not be required\nto pay for such years of service as a contribution shall have been made\nby his employer for pensions-providing-for-increased-take-home-pay-for-\nteachers pursuant to the provisions of this section.\n  8. The provisions of this section shall not apply to any member for\nany period or periods during which he ceases or has ceased contributing\ntoward retirement pursuant to subdivision one of section five hundred\nsixteen of this article, provided, however, that such member shall\nreceive credit pursuant to this section for such period or periods for\nwhich he contributes or has contributed toward retirement.\n  9. Each member of the retirement system as defined in subdivision one\nof this section who is employed in the city school districts of the\ncities of Buffalo and Yonkers may have his contribution reduced pursuant\nto this section by five percentum of the compensation paid such member\nduring the school year commencing July first, nineteen hundred\nsixty-four, provided his employer shall adopt and file with the\nretirement board a resolution to such effect prior to July first,\nnineteen hundred sixty-four.\n
N.Y. EDN Law § 103 — New York Code / Act EDN / Title 1 / Article 3 / Part 1 / Section 103
Divisions of department
Status: in_force

§ 103. Divisions of department.  By action of the regents upon the\nrecommendation of the commissioner of education the department may be\ndivided into divisions and bureaus.  By like action new divisions and\nbureaus may be created and divisions and bureaus may be consolidated or\nabolished, and the administrative work of the department assigned to the\nseveral divisions and bureaus.\n
N.Y. PBH Law § 2958 — New York Code / Act PBH / Article 29-A / Title 1 / Section 2958
Rural health care access development program
Status: in_force

§ 2958. Rural health care access development program. 1. To the extent\nof funds available therefor, the sum of ten million dollars shall\nannually be made available for periods prior to January first, two\nthousand three, and up to nine million three hundred twenty thousand\ndollars for the period January first, two thousand three through\nDecember thirty-first, two thousand three, up to nine million three\nhundred twenty thousand dollars for the period January first, two\nthousand four through December thirty-first, two thousand four, up to\ntwelve million eighty-eight thousand dollars for the period January\nfirst, two thousand five through December thirty-first, two thousand\nfive, up to twelve million eighty-eight thousand dollars for the period\nJanuary first, two thousand six through December thirty-first, two\nthousand six, up to eleven million eighty-eight thousand dollars\nannually for the period January first, two thousand seven through\nDecember thirty-first, two thousand ten, up to two million seven hundred\nseventy-two thousand dollars for the period January first, two thousand\neleven through March thirty-first, two thousand eleven, and within\namounts appropriated for each state fiscal year on and after April\nfirst, two thousand eleven, shall be available to the commissioner from\nfunds pursuant to section twenty-eight hundred seven-l of this chapter\nto provide assistance to general hospitals classified as a rural\nhospital for purposes of determining payment for inpatient services\nprovided to beneficiaries of title XVIII of the federal social security\nact (Medicare) or under state regulations, in recognition of the unique\ncosts incurred by these facilities to provide hospital services in\nremote or sparsely populated areas pursuant to subdivision two of this\nsection.\n  2. a. The commissioner shall provide assistance to all rural hospitals\nas defined in this section by distributing all amounts made available\npursuant to section twenty-eight hundred seven-l of this chapter.\n  b. For the purposes of this subdivision, the commissioner shall devise\na distribution methodology that takes into account the need for rural\nhospitals to improve operational efficiencies, reduce the duplication of\nservices, and develop affiliations with community based health care\nproviders and which recognizes whether a hospital is a federally\ndesignated sole community hospital, rural referral center, rural\nhospital, state designated rural hospital, or a hospital that is at\nsubstantial financial risk of failure and whose service area is\nthreatened with reduced access to essential health services. In no event\nshall the size of the rural hospital be the sole contributing factor in\nsuch distribution methodology. Such methodology shall provide assistance\nat graduated levels from highest to lowest, in accordance with the\nfollowing criteria:\n  (i) The hospital shall be at substantial risk of financial failure,\nusing a combination of generally accepted standard measures of financial\nviability and which is:\n  A. a federally designated sole community hospital or a rural referral\ncenter and is both a federally designated rural hospital and is\nclassified as a state rural hospital;\n  B. a federally designated sole community hospital or a rural referral\ncenter and is a federally designated rural hospital;\n  C. both a federally designated rural hospital and is classified as a\nstate rural hospital, but is not a sole community hospital or a rural\nreferral center;\n  D. either a federally designated rural hospital or is classified as a\nstate rural hospital; or\n  E. the hospital is either a federally defined sole community hospital\nor rural referral center.\n  (ii) The hospital is a sole community hospital or a rural referral\ncenter and is both a federally designated rural hospital and is\nclassified as a state rural hospital;\n  (iii) The hospital is a sole community hospital or a rural referral\ncenter and is a federally designated rural hospital, but is not\nclassified as a state rural hospital;\n  (iv) The hospital is both a federally designated rural hospital and is\nclassified as a state rural hospital but is not a sole community\nhospital or a rural referral center;\n  (v) The hospital is either a federally designated rural hospital or is\nclassified as a state rural hospital; or\n  (vi) The hospital is either a federally defined sole community\nhospital or a rural referral center.\n  c. The commissioner may include in regulation a factor to enhance the\ndistribution to those hospitals that have taken actions in accordance\nwith the goals specified in paragraph b of this subdivision to be\napplied effective January first, two thousand one, except, however, in\nno event shall the distribution of the funds be delayed because of the\ndevelopment of the factor pursuant to this paragraph.\n  3. The commissioner shall cause reports to be prepared and submitted\nby rural hospitals at such times and in such manner as are consistent\nwith the purposes of this section.\n
N.Y. ENV Law § 49-0107 — New York Code / Act ENV / Article 49 / Title 1 / Section 49-0107
Assistance of other agencies
Status: in_force

§ 49-0107. Assistance of other agencies.\n  To effectuate the purposes of this article, the department may request\nand receive from any other department, division, board, bureau,\ncommission or other agency of the state or any political subdivision\nthereof or any public authority such assistance, information and data as\nwill enable the department properly to carry out its powers and duties\nhereunder.\n
N.Y. PBH Law § 401 — New York Code / Act PBH / Article 4 / Title 1 / Section 401
Land; purchase or acquisition
Status: in_force

§ 401. Land; purchase or acquisition. 1. The commissioner, when an\nappropriation therefor has been made by the legislature, may acquire any\nreal property which he may deem necessary for any departmental purpose\nby purchase or acquisition pursuant to the eminent domain procedure law.\n  Title to any such real property shall be taken in the name of and be\nvested in the people of the state of New York; provided, however, that\nno real property shall be so acquired by purchase unless the title\nthereto shall be approved by the attorney general.\n  2. Whenever real property is to be acquired pursuant to the eminent\ndomain procedure law the commissioner shall cause to be made by the\nstate department of transportation an accurate acquisition map as\nprovided in such law.\n  3. On the approval of such map by the commissioner, the original\ntracing of such map shall be filed in the main office of the department.\n  4. If the commissioner shall determine, prior to the filing of such\nmap in the office of the clerk or register of the county, that changes,\nalterations or modifications of such map as filed in the main office of\nthe department should be made, he or she shall, subject to the\nprovisions of article two of the eminent domain procedure law, if\napplicable, direct the preparation by the department of transportation\nof an amended map. On the approval of such amended map by the\ncommissioner, it shall be filed in the main office of the department and\nthe amended map shall thereupon in all respects and for all purposes\nsupersede the map previously filed.\n  5. If the commissioner shall determine, prior to the filing of a copy\nof such acquisition map in the office of the county clerk or register as\nprovided in section four hundred two of the eminent domain procedure\nlaw, that such map should be withdrawn, he or she may file a certificate\nof withdrawal in the offices of the department and of the department of\nlaw. Upon the filing of such certificate of withdrawal, the map to which\nit refers shall be cancelled and all rights thereunder shall cease and\ndetermine.\n  6. The commissioner shall deliver to the attorney general a copy of\nsuch acquisition map, whereupon it shall be the duty of the attorney\ngeneral to advise and certify to the commissioner the names of the\nowners of the property, easements, interests or rights described in the\nsaid acquisition map, including the owners of any right, title or\ninterest therein, pursuant to the requirements of section four hundred\nthree of the eminent domain procedure law.\n  7. If, at or after the vesting of title to such property in the people\nof the state of New York as provided for in the eminent domain procedure\nlaw, the commissioner shall deem it necessary to cause the removal of an\nowner or occupant from any real property so acquired, he may cause such\nowner or occupant to be removed therefrom by proceeding in accordance\nwith section four hundred five of the eminent domain procedure law. The\nproceeding shall be brought in the name of the commissioner as agent of\nthe state and the attorney general shall represent the petitioner in the\nproceedings. No execution shall issue for costs, if any, awarded against\nthe state or the commissioner, but they shall be part of the costs of\nthe acquisition of the real property and be paid in like manner.\nProceedings may be brought separately against one or more of the owners\nor occupants of any such property, or one proceeding may be brought\nagainst all or several of the owners or occupants of any or all such\nproperty within the territorial jurisdiction of the same court, justice\nor judge; judgment shall be made for immediate removal of persons\ndefaulting in appearance or in answering, or withdrawing their answers,\nif any, without awaiting the trial or decision of issues raised by\ncontestants, if any.\n  8. Claims for the value of any property acquired and for legal damages\ncaused by any such acquisition may be adjusted by the commissioner, even\nthough a claim has been filed with the court of claims, if the amount\nthereof can be agreed upon with the owner or owners thereof. If the\namount of a claim cannot be agreed upon, the commissioner shall offer to\nthe owner or owners the amount determined by the commissioner to be the\nvalue of such claim. Upon the acceptance of such offer the commissioner\nshall enter into an agreement with such owner or owners providing for\nsuch payment with interest thereon, if any, as allowed by law and\nreserving to such owner or owners the right to file such claim with the\ncourt of claims or if a claim has been filed reserving the right to\nprosecute said claim. The reservation of the right to file said claim in\nthe court of claims shall not extend or affect in any way the time\nlimited for the filing of such claim as provided for in the court of\nclaims act. The failure of the owner or owners to file said claim within\nthe time of filing claims specified by the court of claims act shall be\ndeemed an acceptance of the amount paid as full settlement of such\nclaim. If such offer is refused by the owner or owners, or is not\naccepted within ninety days after notification by the commissioner of\nsuch offer by registered mail, interest on the amount of the claim so\noffered shall be suspended from the date of such refusal or the\nexpiration of such ninety days, whichever is earlier, to the date of the\nentry of judgment in the court of claims. If such offer is refused or is\nnot accepted within said ninety days the offer shall be deemed withdrawn\nand may be revived only at the discretion of the commissioner. Upon\nmaking any agreement provided for in section three hundred four of the\neminent domain procedure law, the commissioner shall deliver to the\ncomptroller such agreement and a certificate stating the amount due such\nowner or owners thereunder on account of such acquisition of his or\ntheir property and the amounts so fixed shall be paid out of the state\ntreasury after audit by the comptroller from moneys appropriated for the\nacquisition of such real property, but not until there shall have been\nfiled with the comptroller a certificate of the attorney general showing\nthe person or persons claiming the amounts so agreed upon to be legally\nentitled thereto.\n  9. Application for reimbursement of incidental expenses as provided in\nsection seven hundred two of the eminent domain procedure law shall be\nmade to the commissioner upon forms prescribed by him and shall be\naccompanied by such information and evidence as the commissioner may\nrequire. Upon approval of such application, the commissioner shall\ndeliver a copy thereof to the comptroller together with a certificate\nstating the amount due thereof, and the amount so fixed shall be paid\nout of the state treasury after audit by the comptroller from monies\nappropriated for the acquisition of property under this section.\n  10. The commissioner, with the approval of the director of the budget,\nshall establish and may from time to time amend rules and regulations\nauthorizing the payment of actual reasonable and necessary moving\nexpenses of occupants of property acquired pursuant to this section; of\nactual direct losses of tangible personal property as a result of moving\nor discontinuing a business or farm operation, but not exceeding an\namount equal to the reasonable expenses that would have been required to\nrelocate such property, as determined by the commissioner; and actual\nreasonable expenses in searching for a replacement business or farm; or\nin hardship cases for the advance payment of such expenses and losses.\nFor the purposes of making payment of such expenses and losses only the\nterm "business" means any lawful activity conducted primarily for\nassisting in the purchase, sale, resale, manufacture, processing or\nmarketing of products, commodities, personal property or services by the\nerection and maintenance of an outdoor advertising display or displays,\nwhether or not such display or displays are located on the premises on\nwhich any of the above activities are conducted.  Such rules and\nregulations may further define the terms used in this subdivision.  In\nlieu of such actual reasonable and necessary moving expenses, any such\ndisplaced owner or tenant of residential property may elect to accept a\nmoving expense allowance, plus a dislocation allowance, determined in\naccordance with a schedule prepared by the commissioner and made a part\nof such rules and regulations.  In lieu of such actual reasonable and\nnecessary moving expenses, any such displaced owner or tenant of\ncommercial property who relocates or discontinues his business or farm\noperation may elect to accept a fixed relocation payment in an amount\nequal to the average annual net earnings of the business or farm\noperation, except that such payment shall be not less than two thousand\nfive hundred dollars nor more than ten thousand dollars. In the case of\na business, no such fixed relocation payment shall be made unless the\ncommissioner finds and determines that the business cannot be relocated\nwithout a substantial loss of its existing patronage, and that the\nbusiness is not part of a commercial enterprise having at least one\nother establishment, which is not being acquired by the state or the\nUnited States, which is engaged in the same or similar business.  In the\ncase of a business which is to be discontinued but for which the\nfindings and determinations set forth above cannot be made, the\ncommissioner may prepare an estimate of what the actual reasonable and\nnecessary moving expenses, exclusive of any storage charges, would be if\nthe business were to be relocated and enter into an agreed settlement\nwith the owner of such business for an amount not to exceed such\nestimate in lieu of such actual reasonable and necessary moving\nexpenses. Application for payment under this subdivision shall be made\nto the commissioner upon forms prescribed by him and shall be\naccompanied by such information and evidence as the commissioner may\nrequire. Upon approval of such application, the commissioner shall\ndeliver a copy thereof to the comptroller together with a certificate\nstating the amount due thereunder, and the amount so fixed shall be paid\nout of the state treasury after audit by the comptroller from moneys\nappropriated for the acquisition of property under this section. As used\nin this subdivision the term "commercial property" shall include\nproperty owned by an individual, family, partnership, corporation,\nassociation or a nonprofit organization and includes a farm operation.\nAs used in this subdivision the term "business" means any lawful\nactivity, except a farm operation, conducted primarily for the purchase,\nsale, lease and rental of personal and real property, and for the\nmanufacture, processing, or marketing of products, commodities, or any\nother personal property; for the sale of services to the public; or by a\nnonprofit organization.\n  11. Authorization is hereby given to the commissioner to make\nsupplemental relocation payments, separately computed and stated, to\ndisplaced owners and tenants of residential property acquired pursuant\nto this section who are entitled thereto, as determined by him. The\ncommissioner, with the approval of the director of the budget, may\nestablish and from time to time amend rules and regulations providing\nfor such supplemental relocation payments. Such rules and regulations\nmay further define the terms used in this subdivision. In the case of\nproperty acquired pursuant to this section which is improved by a\ndwelling actually owned and occupied by the displaced owner for not less\nthan one hundred eighty days immediately prior to initiation of\nnegotiations for the acquisition of such property, such payment to such\nowner shall not exceed fifteen thousand dollars.  Such payment shall be\nthe amount, if any, which, when added to the acquisition payment equals\nthe average price, established by the commissioner on a class, group or\nindividual basis, required to obtain a comparable replacement dwelling\nthat is decent, safe and sanitary to accommodate the displaced owner,\nreasonably accessible to public services and places of employment and\navailable on the private market, but in no event shall such payment\nexceed the difference between acquisition payment and the actual\npurchase price of the replacement dwelling.  Such payment shall include\nan amount which will compensate such displaced owner for any increased\ninterest costs which such person is required to pay for financing the\nacquisition of any such comparable replacement dwelling. Such amount\nshall be paid only if the dwelling acquired pursuant to this section was\nencumbered by a bona fide mortgage which was a valid lien on such\ndwelling for not less than one hundred eighty days prior to the\ninitiation of negotiations for the acquisition of such dwelling. Such\namount shall be equal to the excess in the aggregate interest and other\ndebt service costs of that amount of the principal of the mortgage on\nthe replacement dwelling which is equal to the unpaid balance of the\nmortgage on the acquired dwelling, over the remainder term of the\nmortgage on the acquired dwelling, reduced to discounted present value.\nThe discount rate shall be the prevailing interest rate paid on savings\ndeposits by commercial banks in the general area in which the\nreplacement dwelling is located. Any such mortgage interest differential\npayment shall, notwithstanding the provisions of section twenty-six-b of\nthe general construction law, be in lieu of and in full satisfaction of\nthe requirements of such section. Such payment shall include reasonable\nexpenses incurred by such displaced owner for evidence of title,\nrecording fees and other closing costs incident to the purchase of the\nreplacement dwelling, but not including prepaid expenses. Such payment\nshall be made only to a displaced owner who purchases and occupies a\nreplacement dwelling which is decent, safe and sanitary within one year\nsubsequent to the date on which he is required to move from the dwelling\nacquired pursuant to this section or the date on which he receives from\nthe state final payment of all costs of the acquired dwelling, whichever\noccurs later, except advance payment of such amount may be made in\nhardship cases. In the case of property acquired pursuant to this\nsection from which an individual or family, not otherwise eligible to\nreceive a payment pursuant to the above provisions of this subdivision,\nis displaced from any dwelling thereon which has been actually and\nlawfully occupied by such individual or family for not less than ninety\ndays immediately prior to the initiation of negotiations for the\nacquisition of such property, such payment to such individual or family\nshall not exceed four thousand dollars.  Such payment shall be the\namount which is necessary to enable such individual or family to lease\nor rent for a period not to exceed four years, a decent, safe, and\nsanitary dwelling of standards adequate to accommodate such individual\nor family in areas not generally less desirable in regard to public\nutilities and public and commercial facilities and reasonably accessible\nto his place of employment, but shall not exceed four thousand dollars,\nor to make the down payment, including reasonable expenses incurred by\nsuch individual or family for evidence of title, recording fees, and\nother closing costs incident to the purchase of the replacement\ndwelling, but not including prepaid expenses, on the purchase of a\ndecent, safe and sanitary dwelling of standards adequate to accommodate\nsuch individual or family in areas not generally less desirable in\nregard to public utilities and public and commercial facilities, but\nshall not exceed four thousand dollars, except if such amount exceeds\ntwo thousand dollars, such person must equally match any such amount in\nexcess of two thousand dollars, in making the down payment. Such\npayments may be made in installments as determined by the commissioner.\nApplication for payment under this subdivision shall be made to the\ncommissioner upon forms prescribed by him and shall be accompanied by\nsuch information and evidence as the commissioner may require. Upon\napproval of such application, the commissioner shall deliver a copy\nthereof to the comptroller, together with a certificate stating the\namount due thereunder, and the amount so fixed shall be paid out of the\nstate treasury after audit by the comptroller from moneys appropriated\nfor the acquisition of property under this section.\n  12. The owner of any real property so acquired may present to the\ncourt of claims, pursuant to section five hundred three of the eminent\ndomain procedure law, a claim for the value of such property acquired\nand for legal damages caused by such acquisition, as provided by law for\nthe filing of claims with the court of claims. Awards and judgments of\nthe court of claims shall be paid in the same manner as awards and\njudgments of that court for the acquisition of lands generally and shall\nbe paid out of the state treasury after audit by the comptroller from\nmoneys appropriated for the acquisition of such real property.\n  14. If the commissioner shall determine subsequent to the acquisition\nof a temporary easement in any real property that the purposes for which\nsuch easement right was acquired have been accomplished and that the\nexercise of such easement is no longer necessary, he shall make his\ncertificate that the exercise of such easement is no longer necessary\nand that such easement right is therefore terminated, released and\nextinguished. The commissioner shall cause such certificate to be filed\nin the office of the department of state and upon such filing all rights\nacquired by the state in such property shall cease and determine. The\ncommissioner shall cause a certified copy of such certificate as so\nfiled in the office of the department of state to be mailed to the owner\nof the property affected, as certified by the attorney general, if the\nplace of residence of such owner is known or can be ascertained by a\nreasonable effort and such commissioner shall cause a further certified\ncopy of such certificate to be filed in the office of the recording\nofficer of each county in which the property affected or any part\nthereof is situated. On the filing of such certified copy of such\ncertificate with such recording officer, it shall be his duty to record\nthe same in his office in the books used for recording deeds and to\nindex the same against the name of the people of the state of New York\nas grantor.\n  15. Notwithstanding any other provision of this section, the\ncommissioner shall have the power to acquire by grant or purchase, in\nthe name of the people of the state of New York, any property which he\ndeems necessary for any of the purposes provided for in this section and\nmay also acquire for such purposes from the Palisades interstate park\ncommission, in the name of the people of the state of New York, such\nlands and such easements, licenses, permits and other rights over lands\nas the said commission is authorized to grant, sell, exchange or convey.\nWhen the acquisition by appropriation, grant or purchase of property\ndeemed necessary for departmental purposes would result in substantial\nconsequential damages to the owner's remaining property, due to loss of\naccess, severance or control of access, the commissioner of\ntransportation, for and in behalf of the people of the state of New\nYork, may acquire by purchase or grant all or any portion of such\nremaining property. Payment therefor, if any, shall be made in the\nmanner prescribed in this section for the payment of adjusted\nappropriation claims, provided, however, that no real property shall be\nso acquired unless the title thereto shall be approved by the attorney\ngeneral.\n
N.Y. ELD Law § 222 — New York Code / Act ELD / Article 2 / Title 1 / Section 222
Senior citizen energy packaging pilot program
Status: in_force

§ 222. Senior citizen energy packaging pilot program. 1. (a) The\nlegislature finds and declares that a significant percentage of the\nstate's senior citizens live at or below the poverty level. In many\ncases, energy costs reach or exceed thirty percent of household income.\nThese factors make energy conservation efforts on behalf of low income\nelderly crucial. The legislature further finds that energy conservation\nprograms have been under-utilized by such citizens because of such\nfactors as reduced mobility, social and physical isolation, and the\ncomplexity of the maze of services available.\n  (b) The legislature therefore declares that a pilot program to assist\nsuch citizens to conserve energy should be implemented by the office in\nconjunction with county offices for the aging. The legislature further\ndeclares that such a program will further the energy conservation\nobjectives of the state and should be partially supported by petroleum\novercharge restitution funds.\n  2. Within the amounts appropriated therefor, the office shall\nestablish guidelines for and administer a senior citizen energy\npackaging pilot program to be carried out by county offices for the\naging in the counties of Nassau, Suffolk, Broome, Erie, and Tompkins and\nsuch other counties as funds may allow. Wherever possible, such program\nshall be coordinated with appropriate existing programs of public\nutilities, the state energy office, and the department of state.\n  3. These appropriations shall be used specifically for the training of\npersonnel within county offices for the aging to insure their thorough\nfamiliarity with state and federal energy conservation programs and\nbenefits and their ability to facilitate receipt of such benefits by the\nclient population. These appropriations shall also be used to provide\nsalaries, appropriate benefits and expenses of such personnel in\ncarrying out the purposes of the pilot program. Depending on the size of\nthe client population to be served, no more than five of such personnel\nshall be trained and utilized in any county.\n  4. The client population shall consist of those senior citizens living\nat or below the poverty level. Whenever possible, priority shall be\ngiven to serving first those in greatest need of assistance, including\nbut not limited to, home energy assistance program recipients.\n
N.Y. EDN Law § 521 — New York Code / Act EDN / Title 1 / Article 11 / Section 521
Collection of contributions
Status: in_force

§ 521. Collection of contributions. 1. The collection of members'\ncontributions shall be as follows:\n  a. Each employer shall cause to be deducted on each and every payroll\nof a contributor for each and every payroll period, the contribution\npayable by such contributor as provided in this article. Each employer\nshall certify to the treasurer of said employer on each and every\npayroll a statement as voucher for the amounts so deducted.\n  b. The treasurer of each employer on receipt from the employer of the\nvoucher for deductions from the salaries of teachers as provided in this\narticle shall transmit monthly or at such times as the retirement board\nshall designate, the amount specified in such voucher to the secretary\nof the retirement board. The secretary of the retirement board after\nmaking record of all such receipts shall transmit them to the head of\nthe division of the treasury in the department of taxation and finance\nfor use according to the provisions of this article.\n  But nothing in this section shall prevent the retirement board from\nmodifying the method of collecting the contribution of members so that\nemployers may retain the amounts so deducted and have a corresponding\namount deducted from the appropriation for the support of common schools\notherwise payable to them.\n  2. The collection of employers' contributions shall be made as\nfollows:\n  a. Upon the basis of each actuarial determination and appraisal\nprovided herein, the retirement board shall annually prepare and certify\nto the commissioner of education a statement of the total amount\nnecessary to be paid by all employers for the ensuing fiscal year to the\npension accumulation and expense funds as provided under subdivision two\nof section five hundred seventeen and under section five hundred\nnineteen of this article. Upon the basis of the rate of contribution for\nsupplemental retirement allowances, determined in accordance with\nsection five hundred thirty-two of this article, the retirement board\nshall certify to the commissioner of education a statement of the total\namount necessary to be paid by all employers for the ensuing fiscal year\nto the supplemental retirement allowance fund. Said certification shall\ninclude interest on amounts necessary to repay advances made to the\nsupplemental retirement allowance fund pursuant to subdivision f of\nsection five hundred thirty-two of this article computed from the date\nof such advances at the rate determined in accordance with paragraph f\nof this subdivision.\n  b. The commissioner of education shall include in the certificate\nwhich he files with the state comptroller showing the amount of state\nfunds apportioned to the school districts within each county for the\nsupport of common schools, a statement showing the amount to be\ncontributed by each employer in each of such counties as required under\nthis article.\n  The amount to be contributed by each employer except those who operate\nlocal district pension systems, shall be such percentage of the total\ncompensation or salaries of all teachers in his employ who are members\nof the retirement system as the aggregate amount of the normal and\ndeficiency contributions for the year shall bear to the total\ncompensation or salaries paid by all employers, except those who operate\nlocal district pension systems, to all teachers who are members of the\nretirement system.\n  c. The comptroller shall issue his warrant to the custodian of such\nfund directing such custodian to credit to the pension accumulation fund\nand expense fund respectively, from the appropriation for the support of\ncommon schools the amounts required to be made as contributions to such\nfunds by the employers as shown by the certificate of the commissioner\nof education filed with him as directed in paragraph b of this\nsubdivision.\n  d. The comptroller, in issuing his warrant to the custodian for\npayment to each county treasurer of that portion of the moneys\napportioned for the support of common schools, shall deduct therefrom an\namount equal to the amount required to be contributed by employers of\nsuch county, as shown by the certificate of the commissioner of\neducation of this state filed with the comptroller as required by\nparagraph b of this subdivision.\n  e. In order to meet the financial requirements of this article,\nemployers who obtain funds directly by taxation are hereby authorized\nand directed to levy annually such additional taxes as are required to\nprovide the funds deducted from the amounts apportioned to such\nemployers from the appropriation of the state for the support of the\ncommon schools.\n  f. Employers whose payments from the moneys apportioned from the state\nfor the support of common schools are insufficient to pay the amount due\nand owing the system, or who do not receive such payments, shall pay the\nsystem each year the amount of contributions due and owing from the\nemployer pursuant to this article within thirty days from the date a\nbill is mailed by the system. Interest, at a rate equal to the average\nyield payable on fifty-two week United States treasury bills on June\nthirtieth immediately preceding the day the bill is mailed by the\nsystem, shall accrue on the outstanding amount due and owing commencing\nwith the thirty-first day after the bill is mailed.\n  g. Whenever the system determines the contributions made by an\nemployer are less than the percentage of total compensation or salaries\nof members of the system in the employ of such employer, as required by\nthis article, such employer shall pay the system such deficiency within\nthirty days from the date a bill is mailed by the system. Interest, at a\nrate equal to the average yield payable on fifty-two week United States\ntreasury bills on June thirtieth immediately preceding the day before\nthe bill is mailed by the system, shall accrue on the outstanding amount\ndue and owing commencing with the thirty-first day after the bill is\nmailed.\n  h. Notwithstanding any provision of law to the contrary, commencing\nwith the payments made in the fiscal year beginning July first, nineteen\nhundred ninety, and each fiscal year thereafter, the employer\ncontributions due and payable as determined pursuant to the provisions\nof this article and the employee contributions due and payable pursuant\nto this article and articles fourteen and fifteen of the retirement and\nsocial security law, on account of compensation paid in the fiscal year\nimmediately preceding, and those employer contributions due and payable\nin each fiscal year pursuant to chapter six hundred sixty-five of the\nlaws of nineteen hundred eighty-four shall be made to the retirement\nsystem and collected in the manner set forth in this section each fiscal\nyear in three payments, each equal to thirty-three and one-third percent\nof the total amount due for such fiscal year. Such payments shall be\npaid on September fifteenth, October fifteenth, and November fifteenth\nof each fiscal year. If a participating employer underpaid its\nobligation to the retirement system, such underpayment as determined by\nthe retirement system shall be deducted from the amounts apportioned to\nsuch employer from the appropriation of the state for the support of the\ncommon schools due and payable the next April fifteenth. Employers whose\npayments from such appropriation are insufficient to pay the amount due\nand owing the system, or who do not receive such payments, shall be\nbilled by the system for such underpayment and shall pay the system the\namount due within thirty days from the date a bill is mailed by the\nsystem. The amount of any employer overpayment of its obligation to the\nretirement system, as determined by such system shall be a credit to the\nemployer and shall reduce by an equal amount thereof the initial payment\nto be made by such employer to such system on the next succeeding\nSeptember fifteenth.\n  i. Notwithstanding any provision of law to the contrary, the employer\nand employee contributions due and payable in the nineteen hundred\neighty-nine--ninety fiscal year on account of compensation paid in the\nnineteen hundred eighty-eight--eighty-nine fiscal year which were paid\nprior to April first, nineteen hundred ninety shall be deemed (to the\nextent such amount is sufficient) to have consisted of all the employee\ncontributions due and payable pursuant to this article and articles\nfourteen and fifteen of the retirement and social security law in the\nnineteen hundred eighty-nine--ninety fiscal year and those employer\ncontributions due and payable in such fiscal year pursuant to chapter\nsix hundred sixty-five of the laws of nineteen hundred eighty-four; and\nthe remaining employer contributions so paid shall be applied evenly to\nthe payments due and payable on September fifteenth, nineteen hundred\nninety, October fifteenth, nineteen hundred ninety and November\nfifteenth, nineteen hundred ninety and the employer contributions\namounting to eight hundred seventy-three million seven hundred eleven\nthousand six hundred fifteen dollars ($873,711,615), due and payable\npursuant to the provisions of this section in the nineteen hundred\neighty-nine--ninety fiscal year on account of compensation paid in\nnineteen hundred eighty-eight--eighty-nine fiscal year, except those\nemployer contributions due and payable in such fiscal year pursuant to\nchapter six hundred sixty-five of the laws of nineteen hundred\neighty-four, shall be deferred and payment shall be made to the\nretirement system in fifteen equal annual payments of ninety-eight\nmillion five hundred thirty-seven thousand five hundred seven dollars\n($98,537,507) on October fifteenth, commencing on October fifteenth,\nnineteen hundred ninety. Such payments are calculated at an interest\nrate of eight percent per annum. Provided, however, the retirement board\nis directed to permit the pre-payment of the amounts outstanding under\nthis paragraph. The retirement board shall: (1) On or before September\nfirst, nineteen hundred ninety, in addition to the amount due for the\ncurrent fiscal year billing and for the payment of the amortized annual\ninstallment, furnish the total amount due and be authorized to accept\npre-payment in full of said amount by October fifteenth, nineteen\nhundred ninety. (2) On or before each September first thereafter, in\naddition to the amount due for the current fiscal year billing and for\nthe payment of the annual amortized installment, furnish the total\namount still outstanding and be authorized to accept the pre-payment of\nany portion of the balance remaining to be paid by October fifteenth of\nthat year.\n  j. Prior to June first, nineteen hundred ninety, the valuation rate of\ninterest adopted by the retirement board on April twenty-seventh,\nnineteen hundred eighty-nine, may be retroactively revised to eight\npercent by the retirement board, as recommended by the actuary, as if\nadopted at the April twenty-seventh, nineteen hundred eighty-nine board\nmeeting, and the employer contribution rate, adopted by the retirement\nboard at the April twenty-seventh, nineteen hundred eighty-nine board\nmeeting, revised by the retirement board at the July twenty-seventh,\nnineteen hundred eighty-nine board meeting, may be retroactively amended\nby the retirement board as if adopted at the July twenty-seventh,\nnineteen hundred eighty-nine board meeting and applied to contributions\npaid in the nineteen hundred ninety--ninety-one fiscal year.\nNotwithstanding any provision of law to the contrary, the actions of the\nretirement board pursuant to the provisions of this paragraph shall be\ndeemed reasonable, prudent and proper. No member of the retirement\nboard, officer, or employee of the New York state teachers' retirement\nsystem shall incur or suffer any liability whatsoever by reason of any\nactions pursuant to this paragraph, and such system shall save harmless\nand indemnify all members of the retirement board, its officers and\nemployees from financial loss arising out of any claim, demand, suit,\naction or judgment as a result of the actions taken pursuant to this\nparagraph provided that such person shall, within five days after the\ndate on which he is served with any summons, complaint, process, notice,\ndemand, claim or pleading, deliver the original or a true copy thereof\nto the legal advisor of such system. Upon such delivery, the legal\nadvisor of such system may assume control of the representation of such\nperson in connection with such claim, demand, suit, action or\nproceeding. Such person shall cooperate fully with the legal advisor of\nthe system or any other person designated to assume such defense in\nrespect of such representation or defense.\n  k. The retirement board is authorized to adopt procedures and/or to\npromulgate rules and regulations as it deems necessary to adjust and\nreconcile any payments from employers to actual amounts due whether such\npayments were received prior or subsequent to the effective date of the\nchapter of the laws of nineteen hundred ninety which added this\nparagraph to this section.\n  l. The provisions of paragraphs h and i of this subdivision shall\nconstitute a contract and the rights of the New York state teachers'\nretirement system thereunder shall not be impaired in any way\nwhatsoever.\n  m. In addition to any other payment or collection procedure provided\nby this article, if the amounts credited from the appropriation for the\nsupport of common schools are insufficient to fully cover the amounts to\nbe contributed by the employers, the retirement board is authorized to\ncertify the unpaid amount to the state comptroller, and the state\ncomptroller shall, to the extent not otherwise prohibited by law,\nwithhold such amount from any succeeding payment from any other form of\nstate aid provided to the employer. If any employer fails to pay the\namounts required to be contributed pursuant to this section, the\nretirement system shall be entitled to reasonable attorney fees and\nother expenses incurred to collect such amounts due and owing. Fees\nshall be determined pursuant to prevailing market rates for the kind and\nquality of the services furnished.\n  n. Notwithstanding any other provision of law to the contrary, the\nboard of education or trustees of a school district which is a\nparticipating employer, which has elected to make payments of the\nemployer contributions due and payable to the retirement system pursuant\nto paragraph i of this subdivision in amortized annual installments, and\nwhich has determined to make pre-payment of the total amount of such\ncontributions outstanding in accordance with said paragraph i, may adopt\na bond resolution authorizing the refinancing of such debt by the\nissuance of bonds in the amount of such pre-payment without conducting a\nvote on a tax to be collected in installments, provided that such\nrefinancing will result in savings to the school district, as certified\nby the state comptroller, and provided further that the issuance of such\nobligations otherwise complies with the requirements of the local\nfinance law and this chapter.\n  3. Stable contribution option for participating educational employers\nfor the two thousand thirteen - two thousand fourteen plan year. a. In\naddition to the definitions in section five hundred one of this article,\nwhen used in this subdivision:\n  (1) "participating educational employer" shall mean a school district\nor board of cooperative educational services which elects to pay the\nstable contribution amount in the manner provided in this subdivision;\n  (2) "stable contribution amount" shall mean an amount equal to the\nstable contribution rate multiplied by the pensionable salary base\n(exclusive of payments for group term life insurance, deficiency\ncontributions, adjustments relating to prior fiscal years' obligations,\nobligations pertaining to retirement incentives or any other obligations\nthat a participating educational employer is permitted to pay on an\namortized basis);\n  (3) "stable contribution rate" shall mean fourteen percent for the two\nthousand thirteen - two thousand fourteen plan year and the two thousand\nfourteen - two thousand fifteen plan year and the rate as adopted by the\nretirement board in accordance with paragraph h of this subdivision; and\n  (4) "deferred employer contribution amount" shall mean an amount\nadequate to fund the benefits for active and retired members associated\nwith such participating educational employer had such participating\neducational employer not elected the provisions of this subdivision.\nSuch deferred employer contribution amount shall be calculated for each\nyear of participation in the stable contribution option with associated\ninterest determined specific to each applicable plan year's deferred\namount.\n  b. Notwithstanding the provisions of this chapter or any other law to\nthe contrary, the retirement board, in its discretion, shall have\nauthority to implement the provisions of this subdivision. If the\nretirement board elects to implement the provisions of this subdivision,\nthe provisions shall apply to the payment of participating educational\nemployer contributions in the plan year commencing July first, two\nthousand thirteen, for the pension bill paid on September fifteenth,\nOctober fifteenth, and November fifteenth of two thousand fourteen, and\nfor the subsequent six plan years. If a participating educational\nemployer does not elect the stable contribution option in the fiscal\nyear commencing on July first, two thousand thirteen for the pension\nbill paid on September fifteenth, October fifteenth, and November\nfifteenth of two thousand fourteen, it shall not be eligible to elect\nthe stable contribution option in any succeeding plan year.\n  c. For each of the seven plan years to which the provisions of this\nsubdivision apply, the retirement board shall use a stable contribution\nrate established by the retirement board for participating educational\nemployers.\n  d. If the retirement board, in its discretion, decides to adopt a\nstable contribution option pursuant to this subdivision, the retirement\nboard shall determine the stable contribution amount in each plan year\nfor a participating educational employer pursuant to subparagraph two of\nparagraph a of this subdivision. Such stable contribution amount shall\nbe in lieu of a participating educational employer's actuarially\nrequired contribution rate of normal and administrative contributions\npursuant to sections five hundred seventeen and five hundred nineteen of\nthis article for the plan year commencing July first, two thousand\nthirteen, and for the next six subsequent plan years.\n  e. Any participating educational employer which elects to pay the\nstable contribution amount pursuant to this subdivision shall pay the\namount based on the stable contribution rate for a period of seven years\nand such option shall be available to participating educational\nemployers from the two thousand thirteen - two thousand fourteen plan\nyear through the two thousand nineteen - two thousand twenty plan year.\nIn the sixth plan year, the two thousand eighteen - two thousand\nnineteen plan year, the participating educational employer shall pay the\nstable contribution rate and, in addition, commence payment for deferred\nemployer contributions in accordance with paragraph j of this\nsubdivision.  Commencing with the plan year beginning July first, two\nthousand twenty, the participating educational employer shall resume\npayment of the actuarially required contribution rate of normal and\nadministrative contributions pursuant to sections five hundred seventeen\nand five hundred nineteen of this article and, in addition, any payment\nfor deferred employer contribution amounts in accordance with paragraphs\nj and k of this subdivision.\n  f. A participating educational employer paying a stable contribution\namount shall remit, commencing with the July first, two thousand\nthirteen plan year, an amount determined by the retirement board by\nadding the following two amounts together:\n  (1) the stable contribution amount calculated pursuant to this\nsubdivision; and\n  (2) payments for group term life insurance, deficiency payments,\nadjustments relating to prior fiscal years' obligations and obligations\npertaining to retirement incentives or any other obligations that a\nparticipating educational employer is permitted to pay on an amortized\nbasis.\n  g. The stable contribution amount must be paid in full by\nparticipating educational employers on the dates specified in paragraph\nh of subdivision two of this section.\n  h. Prior to July first, two thousand fifteen and July first, two\nthousand seventeen the retirement board is authorized to evaluate the\nstable contribution rate used to calculate participating educational\nemployer stable contribution amounts. Such evaluation shall be based on\na projection of assets and liabilities so as to ensure that\ncontributions by participating educational employers which participate\nin the stable contribution option are adequate to ensure that system\nassets are sufficient to fund benefits for active and retired members.\nThe retirement board is authorized to increase the stable contribution\nrate by up to two percentage points on July first, two thousand fifteen\nand on July first, two thousand seventeen. The revised stable\ncontribution rate resulting from the foregoing evaluations and July\nfirst, two thousand fifteen and July first, two thousand seventeen\nstable rate increases may not, in combination, exceed eighteen percent.\nThe retirement board is authorized to decrease the stable contribution\nrate, if warranted, but in no event shall the stable contribution rate\nbe less than fourteen percent.\n  i. A participating educational employer may elect to terminate\nparticipation in the stable contribution option and resume payment of\nthe actuarially required contribution of normal and administrative\ncontributions in accordance with sections five hundred seventeen and\nfive hundred nineteen of this article. Provided, however, that such\nparticipating educational employer which elects to terminate\nparticipation shall make a reconciliation contribution to the retirement\nsystem, at an amount to be determined by the retirement board, adequate\nto fund the benefits for active and retired members associated with such\nparticipating educational employer had such participating educational\nemployer not elected the provisions of this subdivision. Such\nreconciliation contribution shall be made over a period not to exceed\nfive years and shall be made in addition to the normal and\nadministrative contributions pursuant to sections five hundred seventeen\nand five hundred nineteen of this article for the plan year in which\nsuch participating educational employer chooses to resume payment of the\nnormal and administrative contributions pursuant to sections five\nhundred seventeen and five hundred nineteen of this article. For the\npurposes of determining the reconciliation contribution amount, the\nretirement board shall assume interest on the deferred employer\ncontribution amount at a rate which approximates the monthly average\nyield on United States treasury securities at ten-year constant maturity\nfor the twelve-month period preceding August first of each year plus one\npercentage point. The interest rate associated with such deferred\nemployer contribution amount shall be specific to each applicable plan\nyear's deferred amount.\n  j. In the sixth plan year, commencing July first, two thousand\neighteen, all participating educational employers having elected the\nstable contribution option shall continue to contribute the stable\ncontribution amount to the retirement system and remit to the retirement\nsystem the accrued deferred employer contributions accumulated in the\nfirst five plan years. The stable payment of the deferred employer\ncontribution accrued by the participating educational employer shall be\npaid to the retirement system in equal annual installments over a\nfive-year period, with interest on the unpaid portion to be based on the\nmonthly average yield on United States treasury securities at a ten-year\nconstant maturity for the twelve-month period preceding August first of\neach year plus one percentage point. The interest rate associated with\nsuch deferred employer contribution amount shall be specific to the rate\nas measured on August first of the applicable plan year to such deferred\namount. Payments of the stable installments shall be made in the same\nmanner as other employer contributions as prescribed in this article.\nNothing in this subdivision shall be construed as prohibiting such\nparticipating educational employer from making a reconciliation\ncontribution in accordance with paragraph i of this subdivision.\n  k. In the eighth plan year, commencing July first, two thousand\ntwenty, all participating educational employers having elected the\nstable contribution option shall resume payment of the actuarially\nrequired contribution rate of normal and administrative contributions in\naccordance with section five hundred seventeen and five hundred nineteen\nof this article. Additionally, such employer will remit to the\nretirement system the accrued deferred employer contributions\naccumulated during the plan years commencing July first, two thousand\neighteen and July first, two thousand nineteen of the stable\ncontribution option. The stable payment of the deferred employer\ncontribution accrued by the participating educational employer shall be\npaid to the retirement system in equal annual installments over a\nfive-year period with interest on the unpaid portion to be based on the\nmonthly average yield on United States treasury securities at a ten-year\nconstant maturity for the twelve-month period preceding August first of\neach year plus one percentage point. The interest rate associated with\nsuch deferred employer contribution amount shall be specific to the rate\nas measured on August first of the applicable plan year to such deferred\namount. Payments of the stable installments shall be made in the same\nmanner as other employer contributions as prescribed in this article.\nNothing in this subdivision shall be construed as prohibiting such\nparticipating educational employer from making a reconciliation\ncontribution in accordance with paragraph i of this subdivision.\n  l. Notwithstanding the provisions of this subdivision, if the\nretirement board decides to adopt a stable contribution option, in\naccordance with this subdivision, and the funded status of the\nretirement system reaches a threshold below eighty percent at the end of\nany plan year during the seven plan year term of this option, the option\nshall cease and participating educational employers who have elected the\nstable contribution option shall resume payment of the actuarially\nrequired contribution rate of normal and administrative contributions in\naccordance with section five hundred seventeen and five hundred nineteen\nof this article. Additionally, such employer will make a reconciliation\ncontribution to the retirement system, at an amount to be determined by\nthe retirement board, adequate to fund the benefits for active and\nretired members associated with such participating educational employer\nhad such participating educational employer not elected the provisions\nof this section. The payment of the deferred employer contribution\naccrued by the participating educational employer shall be paid to the\nretirement system in equal annual installments over a five-year period\nwith interest on the unpaid portion to be based on the monthly average\nyield on United States treasury securities at a ten-year constant\nmaturity for the twelve-month period preceding August first of each year\nplus one percentage point. The interest rate associated with such\ndeferred employer contribution amount shall be specific to the rate as\nmeasured on August first of the applicable plan year to such deferred\namount. Payments of the stable installments shall be made in the same\nmanner as other employer contributions as prescribed in this article.\n  m. The retirement board is authorized to promulgate rules and\nregulations for implementation of this subdivision.\n
N.Y. EDN Law § 342-A — New York Code / Act EDN / Title 1 / Article 7-A / Section 342-A
Special administrations
Status: in_force

§ 342-a. Special administrations.  1. When regular test\nadministrations are given on days of religious observance which prevent\nattendance by test subjects at such regular administrations special\nadministrations shall be offered with the same frequency as regular\nadministrations as soon after or before as is possible, at comparable\ntimes, places and cost.\n  2. Provided, however, a test agency shall not be required to offer a\ngreater number of special administrations than were offered during the\nbase year commencing August first, nineteen hundred seventy-eight and\nending July thirty-first, nineteen hundred seventy-nine unless the\nnumber of regular administrations is increased in any subsequent testing\nyear, in which case the provisions of subdivision one shall apply.\n  3. No test subject shall by reason of religious belief be denied by a\ntest agency, the opportunity to take a test which shall be disclosed\npursuant to subdivisions one and two of section three hundred forty-two\nof this article during any twelve month period.\n
N.Y. VAT Law § 101-C — New York Code / Act VAT / Title 1 / Article 1 / Section 101-C
B-train assembly
Status: in_force

§ 101-c. B-train assembly. A rigid frame extension attached to the\nrear frame of the first semitrailer, in a\ntractor-semitrailer-semitrailer combination of vehicles, which allows\nfor a fifth wheel connection point for the second semitrailer.\n
N.Y. EDN Law § 608 — New York Code / Act EDN / Title 1 / Article 13 / Section 608
World trade center memorial scholarships
Status: in_force

§ 608. World trade center memorial scholarships. 1. Notwithstanding\nsubdivisions three and five of section six hundred sixty-one of this\ntitle, children, spouses and financial dependents of innocent victims\nwho have died or have been severely and permanently disabled, or those\ninnocent victims who have become severely and permanently disabled as a\ndirect result of an injury sustained in the impact area of the September\neleventh, two thousand one attack on the United States of America, shall\nbe eligible to receive a scholarship in an annual amount determined\npursuant to subdivision two of section six hundred sixty-eight-d of this\ntitle. The attack on the United States of America shall consist of the\nattack on the world trade center, the attack on the Pentagon and the\nhijackings and crashes of United Airlines flights 93 and 175 and\nAmerican Airlines flights 11 and 77.\n  2. Awards under this section shall be payable for each of not more\nthan four academic years of undergraduate study or five academic years\nif a program normally requires five years, as defined by the\ncommissioner pursuant to this article.\n
N.Y. RPT Law § 1406 — New York Code / Act RPT / Article 14 / Title 1 / Section 1406
Verification and completion of tentative assessment roll; notice thereof
Status: in_force

§ 1406. Verification and completion of tentative assessment roll;\nnotice thereof. 1. When the tentative assessment roll has been prepared,\nthe assessors or a majority of them, shall severally make, subscribe and\nattach to such roll, or file therewith in accordance with the provisions\nof section fifteen hundred eighty-four of this chapter, an oath in\nsubstantially the same form required of town assessors by section five\nhundred five of this chapter.\n  2. On or before the first day of February or such other date as may be\napplicable pursuant to section 5-510 of the village law, the assessors\nshall complete the assessment roll and file such roll in duplicate with\nthe clerk of the village; provided, however, that if such clerk collects\ntaxes for the village a duplicate roll need not be so filed.\n  3. On or before the eighth day of February or such other date as may\nbe applicable pursuant to section 5-510 of the village law, the clerk of\neach village shall cause a notice, the contents of which are hereinafter\nset forth, to be published in the official newspaper of the village.\n  4. Such notice shall state that the assessors have completed the\nassessment roll, that a copy thereof has been filed with the village\nclerk where it may be seen and examined by any person during business\nhours until the third Tuesday of the month and that on that day the\nboard of review will meet to hear complaints in relation to assessments\nat a specified time and place for at least four consecutive hours.\n  5. After publication of the notice and until such third Tuesday, the\nvillage clerk shall make the assessment roll available for public\ninspection.\n  6. The village assessors shall maintain an inventory of all the real\nproperty located therein including the names of the owners thereof and\ncomplete an annual update thereto on or before the first day of January\nor such other date as may be applicable pursuant to section 5-510 of the\nvillage law. The physical characteristics of real property included in\nsuch inventory shall constitute a public record and be available for\npublic inspection and copying in accordance with paragraph (b) of\nsubdivision two of section eighty-seven of the public officers law\nexcept as provided in paragraphs (d) and (f) of subdivision two of\nsection eighty-seven of the public officers law. Disclosure of the\ninventory data shall not be considered an unwarranted invasion of\npersonal privacy as defined in subdivision two of section eighty-nine of\nthe public officers law.\n
N.Y. SOS Law § 58 — New York Code / Act SOS / Article 3 / Title 1 / Section 58
Application
Status: in_force

§ 58.  Application.  Nothing in this chapter shall be deemed to take\naway the jurisdiction or any power or duty of the family court, the\ndepartment, the state department of education or the state department of\nhealth.\n
N.Y. PBH Law § 1302 — New York Code / Act PBH / Article 13 / Title 1 / Section 1302
Nuisances; local boards of health; duty to assist commissioner
Status: in_force

§ 1302. Nuisances; local boards of health; duty to assist\ncommissioner.  1. Whenever requested by the commissioner, the board of\nhealth of any health district may appoint one of its members to act with\nand assist the commissioner during the investigation or examination of\nany nuisance, or for the purpose of determining whether a public\nnuisance exists.\n  2. Such representative may take part in such examination, but the\nfinal determination of the questions involved shall rest solely with the\ncommissioner.\n
N.Y. ELN Law § 3-103 — New York Code / Act ELN / Article 3 / Title 1 / Section 3-103
Computerized record keeping; sharing information in database
Status: in_force

§ 3-103. Computerized record keeping; sharing information in database.\n1. The state board of elections shall promulgate rules and regulations\nsetting minimum standards for computerized record keeping systems\nmaintained by county boards of elections. Such standards shall include,\nbut not be limited to system access and security, the format and content\nof the data to be recorded and stored on such systems, and the minimum\ntechnical specifications for computer programming. Such standards shall\nbe for the purpose of facilitating compatibility between the systems\nused by the several boards of elections.\n  2. The state board of elections, in accordance with subdivision four\nof section 3-100 of this title, shall enter into an agreement with the\ncommissioner of motor vehicles whereby the department of motor vehicles\nwill provide the state board of elections information to assist local\nboards of elections to verify a voter's identity pursuant to the federal\nHelp America Vote Act of 2002.\n  3. The commissioner of motor vehicles shall enter into an agreement\nwith the federal commissioner of social security whereby the social\nsecurity administration will provide the commissioner of motor vehicles\ninformation to allow local boards of elections to verify a voter's\nidentity pursuant to the federal Help America Vote Act of 2002.\n  4. In addition, the state board of elections, in accordance with\nsubdivision four of section 3-100 of this title, shall enter into an\nagreement with other agencies within the state that have information\nrelevant to the verification of a voter's identity whereby such agencies\nwill provide the state board of elections information to assist local\nboards of elections to verify a voter's identity pursuant to the federal\nHelp America Vote Act of 2002.\n  5. The information transmitted between the statewide voter\nregistration list and other databases, as provided for in this section,\nshall be limited to the information which is contained in a voter\nregistration application and is necessary to verify a voter's identity.\nThe information contained in the statewide voter registration list shall\nnot be used for non-election purposes.\n
N.Y. ELN Law § 14-106 — New York Code / Act ELN / Article 14 / Title 1 / Section 14-106
Political communication
Status: in_force

§ 14-106. Political communication. 1. The statements required to be\nfiled under the provisions of this article next succeeding a primary,\ngeneral or special election shall be accompanied by a copy of all\nbroadcast, cable or satellite schedules and scripts, paid internet or\ndigital, print and other types of advertisements, pamphlets, circulars,\nflyers, brochures, letterheads and other printed matter purchased or\nproduced, and reproductions of statements or information published to\nfive hundred or more members of a general public audience by computer or\nother electronic device including but not limited to electronic mail or\ntext message, purchased in connection with such election by or under the\nauthority of the person filing the statement or the committee or the\nperson on whose behalf it is filed, as the case may be. Such copies,\nschedules and scripts shall be preserved by the officer with whom or the\nboard with which it is required to be filed for a period of one year\nfrom the date of filing thereof.\n  2. All political committees that make an expenditure for a political\ncommunication shall be required to disclose the identity of the\npolitical committee which made the expenditure for such political\ncommunication. The disclosure on printed or digital political\ncommunications, including but not limited to brochures, flyers, posters,\nmailings, public-facing websites, or internet advertising shall be\nprinted or typed in an appropriate legible form to read as follows:\n"Paid for by:" followed by the name of the political committee making\nthe expenditure. The disclosure on non-printed or digital political\ncommunications shall clearly and prominently display and/or speak the\nfollowing statement: "Paid for by:" followed by the name of the\npolitical committee making the expenditure. In the case of a political\ncommunication that is not visual, such as radio or automated telephone\ncalls, clearly speaking the statement will satisfy the requirements of\nthis section. In the case of a public-facing website paid for, hosted,\nand/or operated by a political committee, the disclosure shall be\nclearly displayed within each navigable webpage of such website.\n  3. Political communications that are considered promotional items\nwhich support a particular candidate, election, ballot measure or issue\nand limit the content of communication to the name, office and brief\nmessage of support, shall be exempt from the provisions of subdivision\ntwo of this section. Promotional items shall be items that are of\nnominal value and are distributed to the general public in an effort to\npromote a particular candidate, election, ballot measure or issue\nincluding but not limited to pens, bumper stickers, yard signs, buttons,\nshirts, bags or balloons.\n  4. Political communication that is considered digital media which\nadvertises for a particular candidate, election, ballot measure or issue\nwhich limits the content of communication to the name, office and brief\nmessage shall not be subject to the provisions of subdivision two of\nthis section if such digital media is unable to contain the "paid for\nby" statement due to its small size and contains a link to another\nwebpage where the "paid for by" statement is prominently displayed.\n  5. (a) For purposes of this subdivision:\n  (i) "Materially deceptive media" means any image, video, audio, text,\nor any technological representation of speech or conduct fully or\npartially created or modified that:\n  (1) exhibits a high level of authenticity or convincing appearance\nthat is visually or audibly indistinguishable from reality to a\nreasonable person;\n  (2) depicts a scenario that did not actually occur or that has been\naltered in a significant way from how they actually occurred; and\n  (3) is created by or with software, machine learning, artificial\nintelligence, or any other computer-generated or technological means,\nincluding adapting, modifying, manipulating, or altering a realistic\ndepiction.\n  (ii) "Information content provider" means any person or entity that is\nresponsible, in whole or in part, for the creation or development of\ninformation provided through the Internet or any other interactive\ncomputer service.\n  (b) (i) A person, firm, association, corporation, campaign, committee,\nor organization that distributes or publishes any political\ncommunication that was produced by or includes materially deceptive\nmedia and has actual knowledge that it is materially deceptive shall be\nrequired to disclose this use.\n  (ii) (1) For visual media the disclosure shall be printed or typed in\na legible font size easily readable by the average viewer that is no\nsmaller than other text appearing in the visual media and in the same\nlanguage used on the communication to read as follows: "This (image,\nvideo, or audio) has been manipulated".\n  (2) For communication that is auditory, such as radio or automated\ntelephone calls, clearly speaking the statement at the beginning of the\naudio, at the end of the audio, and, if the audio is greater than two\nminutes in length, interspersed within the audio at intervals of not\ngreater than two minutes each and in the same language as the rest of\nthe audio used in the communication, and in a pitch that can be easily\nheard by the average listener satisfies the requirements of clause one\nof this subparagraph.\n  (iii) This paragraph shall not apply to the following:\n  (1) materially deceptive media that constitutes satire or parody;\n  (2) materially deceptive media distributed by a bona fide news\nreporting entity for the purpose of news reporting or coverage, if the\nreporting clearly acknowledges through content or a disclosure, in a\nmanner that can be easily read or heard by the average listener or\nviewer, that there are questions about the authenticity of the\nmaterially deceptive media;\n  (3) a radio or television broadcasting station, including a cable\ntelevision, satellite television or streaming service operator,\nprogrammer, producer or other similar entity, that broadcasts a\npolitical communication when the station or streaming service is paid to\nbroadcast the political communication if the station or streaming\nservice can show that it has disclaimer requirements that are consistent\nwith the requirements provided in this paragraph and that it provided\nthose disclaimer requirements to each person or entity that purchased\nthe broadcast or streaming of the advertisement; or\n  (4) initial dissemination by a platform or service including, but not\nlimited to, a website, regularly published newspaper, or magazine, where\nthe content disseminated is materially deceptive media provided by\nanother information content provider.\n  (iv) A candidate whose voice or likeness appears in materially\ndeceptive media in violation of this subdivision may seek reasonable\ncourt costs and attorneys' fees and injunctive relief prohibiting the\ndistribution, publication or broadcasting of any materially deceptive\nmedia in violation of this subdivision against such individual or entity\nwho disseminated or published such media without the consent of the\nperson depicted and who knew or should have known that it was materially\ndeceptive. An action under this paragraph shall be initiated by filing\nan application for an order to show cause in the supreme court where the\nmaterially deceptive media at issue could deceive and influence electors\nin an upcoming election. Such action shall be entitled to an automatic\ncalendar preference and be subject to expedited pretrial and trial\nproceedings.\n  (v) In any action alleging a violation of this subdivision in which a\nplaintiff seeks preliminary relief with respect to an upcoming election,\nthe court shall grant relief if it determines that:\n  (A) plaintiffs are more likely than not to succeed on the merits; and\n  (B) it is possible to implement an appropriate remedy that would\nresolve the alleged violation in the upcoming election.\n  (vi) In any action commenced under this subdivision, the plaintiff\nbears the burden of establishing the use of materially deceptive media\nby clear and convincing evidence.\n  6. Nothing in this section shall be construed to limit, or to enlarge,\nthe protections that 47 U.S.C. § 230 confers on an interactive computer\nservice for content provided by another information content provider, as\nsuch terms are defined in 47 U.S.C. § 230.\n  7. Nothing in this section shall be construed to require entities to\ncancel, edit, or insert video or audio labels into political\ncommunications where such action is inconsistent with federal law.\n
N.Y. EDN Law § 483 — New York Code / Act EDN / Title 1 / Article 10-B / Section 483
Resources of the fund
Status: in_force

§ 483. Resources of the fund.  1. The fund may receive, accept,\ninvest, administer, expend and disburse for its corporate purposes\nappropriations or advances from the city of Yonkers, and other revenues\nand moneys made available or to be made available to the fund from any\nor all sources, including gifts, grants, loans and payments from the\nfederal government, any state agency, any private foundation,\norganization or individual, or any other source, for the construction,\nacquisition, reconstruction, rehabilitation and improvement of combined\noccupancy structures, for the maintenance and repair of such structures,\nor for the costs of personal service and maintenance and operation of\nthe fund.\n  2. All moneys of the fund, except as otherwise authorized or provided\nin this article, shall be paid to the comptroller of the city of Yonkers\nas agent of the fund, who shall not commingle such moneys with any other\nmoneys. Such moneys shall be deposited in two or more separate bank\naccounts. The moneys in any account shall be paid out of checks signed\nby the commissioner of finance on requisition of the chairman of the\nfund or of such other officer or employee or officers or employees as\nthe fund shall authorize to make such requisition. All deposits of such\nmoney shall, if required by the comptroller or the trustees of the fund,\nbe secured by obligations of the United States or of the city or the\nstate of a market value equal at all times to the amount of the deposit\nand all banks and trust companies are authorized to give such security\nfor such deposits.\n  3. Subject to the terms of any lease, sublease or other agreement\nundertaken by the fund, any such moneys of the fund not required for\nimmediate use may, at the discretion of the fund, be invested by the\ncommissioner of finance in obligations of the United States, the state\nor the city or in obligations the principal and interest of which are\nguaranteed by the United States, the state or the city.\n  4. The chairman of the fund shall annually, on or before January\nfirst, prepare and submit to the mayor of the city of Yonkers, on behalf\nof the trustees of the fund, an itemized budget for the administration\nof the fund during the city's next succeeding fiscal year and\ninformation as to the payment or provision for payment of obligations of\nthe fund expected to be required during such year.\n  5. The commissioner of finance, or his legally authorized\nrepresentative, is hereby authorized and empowered from time to time to\nexamine the books and accounts of the fund including its receipts,\ndisbursements, contracts, reserves, investments, and any other matters\nrelating to its financial standing. Such an examination shall be\nconducted by the commissioner of finance at least once in every five\nyears; the commissioner of finance is authorized, however, to accept\nfrom the fund, in lieu of such an examination, an external examination\nof its books and accounts made at the request of the trustees of the\nfund.\n
N.Y. ENV Law § 53-0101 — New York Code / Act ENV / Article 53 / Title 1 / Section 53-0101
Legislative purpose
Status: in_force

§ 53-0101. Legislative purpose.\n  There is a direct relationship between the planting of trees, shrubs\nand associated vegetation in sufficient number in populated areas and\nthe health, safety, and welfare of communities. Trees and such\nvegetation abate noise, provide welcome shade to people, preserve the\nbalance of oxygen in the air by removing carbon dioxide and fostering\nair quality, and add color and verdure to human construction. They also\nstabilize the soil and control water pollution by preventing soil\nerosion and flooding, yield advantageous microclimatic effects, and\nprovide a natural habitat for wildlife. The destructive and\nindiscriminate removal of trees and related vegetation causes increased\nmunicipal costs for proper drainage control, impairs the benefits of\noccupancy of existing residential properties and impairs the stability\nand value of both improved and unimproved real property in the area of\ndestruction, and adversely affects the health, safety, and general\nwelfare of the inhabitants of the state. In the interests of a greener\nand more livable state, it is determined by the legislature that an\naffirmative program to encourage the conservation and planting of trees,\nshrubs and other vegetation is necessary in the public interest in order\nthat coming generations will continue to enjoy and benefit by our care\nin a green New York.\n
N.Y. RPT Law § 501 — New York Code / Act RPT / Article 5 / Title 1 / Section 501
Examination of assessment inventory and valuation data
Status: in_force

§ 501. Examination of assessment inventory and valuation data. 1. Upon\nascertainment of real property as required by section five hundred of\nthis title, the assessor shall forthwith cause a notice, the contents of\nwhich are set forth in subdivision two of this section, to be published\nat least once in each of two consecutive weeks in a newspaper having\ngeneral local circulation. Notice shall also be posted on the signboard\nmaintained for the posting of legal notices at the entrance of the town\nclerk's office pursuant to subdivision six of section thirty of the town\nlaw.\n  2. The notice shall state that the assessor has available for review\nassessment inventory and valuation data, that an appointment may be made\nto review this information during certain times as specified in the\nnotice, and any other information which the commissioner may require by\nrule and regulation.\n
N.Y. ENV Law § 24-0105 — New York Code / Act ENV / Article 24 / Title 1 / Section 24-0105
Statement of findings
Status: in_force

§ 24-0105. Statement of findings.\n  1. The freshwater wetlands of the state of New York are invaluable\nresources for flood protection, wildlife habitat, open space, climate\nchange mitigation through the accumulation and storage of large amounts\nof carbon, and water resources.\n  2. Considerable acreage of freshwater wetlands in the state of New\nYork has been lost, despoiled or impaired by unregulated draining,\ndredging, filling, excavating, building, pollution or other activities\ninconsistent with the natural uses of such areas. Freshwater wetlands\nare in jeopardy of being lost, despoiled or impaired by such activities\nand because of the recent curtailment of federal wetland protections.\n  3. Recurrent flooding aggravated or caused by the loss of freshwater\nwetlands has serious effects upon natural ecosystems and communities.\nThe increasing severity and duration of storm-related flooding due to\nclimate change, which has caused billions of dollars of property damage\nacross the state, makes protection of all freshwater wetlands in the\nstate of vital importance.\n  4. Freshwater wetlands conservation is a matter of state concern since\na wetland in one region is affected by acts on rivers, streams and\nwetlands of other regions.\n  5. The natural systems affecting freshwater wetlands overlap many\nlocalities. While many local governments individually have enacted\nordinances to conserve freshwater wetlands and to reduce flood hazards\nand losses, effective freshwater wetlands management requires uniformity\nin laws to eliminate inconsistent or conflicting local laws. One\nlocality alone lacks adequate jurisdiction to protect itself from misuse\nor neglect of adjacent localities.\n  6. Freshwater wetlands are an integral part of the unique scenic,\naesthetic, wildlife, recreational, open space, ecological and natural\nresources of the Adirondack park and are recognized and protected by the\nAdirondack park agency act. The act provides a mechanism for the\nregulation of Adirondack wetlands by the Adirondack park agency and\nlocal governments which is consistent with both the state interest in\nthe preservation and development of the park area and the state policy\nto preserve, protect and conserve freshwater wetlands expressed in this\narticle.\n  7. Any loss of freshwater wetlands deprives the people of the state of\nsome or all of the many and multiple benefits to be derived from\nwetlands, to wit:\n  (a) flood and storm control by the hydrologic absorption and storage\ncapacity of freshwater wetlands;\n  (b) wildlife habitat by providing breeding, nesting and feeding\ngrounds and cover for many forms of wildlife, wildfowl and shorebirds,\nincluding migratory wildfowl and rare, endangered or threatened species,\nfish, reptiles and amphibians, insects and other invertebrates;\n  (c) protection of subsurface water resources and provision for\nvaluable watersheds and recharging ground water supplies;\n  (d) recreation by providing areas for hunting, fishing, boating,\nhiking, bird watching, photography, camping and other uses;\n  (e) pollution treatment by serving as biological and chemical\noxidation basins and carbon sinks;\n  (f) erosion control by serving as sedimentation areas and filtering\nbasins, absorbing silt and organic matter and protecting channels and\nharbors;\n  (g) education and scientific research by providing readily accessible\noutdoor bio-physical laboratories, living classrooms and vast training\nand education resources;\n  (h) open space and aesthetic appreciation by providing often the only\nremaining open areas along crowded river fronts and coastal Great Lakes\nregions;\n  (i) sources of nutrients in freshwater food cycles and nursery grounds\nand sanctuaries for freshwater fish;\n  (j) preservation of plant species that are rare, endangered or\nthreatened, or exploitably vulnerable as defined in section 9-1503 of\nthis chapter; and\n  (k) preservation of communities of plants and animals that are deemed\nby the commissioner to be rare in the state or in a region of the state.\n  8. Regulation of freshwater wetlands, in accordance with the\nagricultural exemption established in title seven hereof, is consistent\nwith the legitimate interests of farmers and other landowners to graze\nand water livestock, make reasonable use of water resources, harvest\nnatural products of the wetlands, selectively cut timber and otherwise\nengage in the use of land for agricultural production.\n
N.Y. VAT Law § 102-A — New York Code / Act VAT / Title 1 / Article 1 / Section 102-A
Bicycle lane
Status: in_force

§ 102-a. Bicycle lane. A portion of the roadway which has been\ndesignated by striping, signing and pavement markings for the\npreferential or exclusive use of bicycles.\n
N.Y. PBA Law § 3653 — New York Code / Act PBA / Article 10-D / Title 1 / Section 3653
Administration of the authority
Status: in_force

§ 3653. Administration of the authority. 1. The authority shall be\nadministered by seven directors appointed by the governor. Of the seven\ndirectors, one each shall be appointed on the written recommendation of\nthe majority leader of the state senate, the speaker of the state\nassembly and the state comptroller, respectively. Two of the members\nappointed directly by the governor and the members appointed on the\nrecommendation of the majority leader of the state senate, the\nrecommendation of the speaker of the state assembly and the\nrecommendation of the state comptroller shall be residents of the county\nof Nassau. Each director shall be appointed for a term of four years,\nprovided however, that two of the directors first appointed by the\ngovernor shall serve for a term ending December thirty-first, two\nthousand four, and the five other directors first appointed shall serve\nfor the following terms: the directors appointed on recommendation of\nthe majority leader of the state senate, the speaker of the state\nassembly and the state comptroller shall serve for a term ending\nDecember thirty-first, two thousand five and the two remaining directors\nfirst appointed directly by the governor shall serve for a term ending\non December thirty-first, two thousand six. Each director shall hold\noffice until his or her successor has been appointed and qualified.\nThereafter each director shall serve a term of four years, except that\nany director appointed to fill a vacancy shall serve only until the\nexpiration of his or her predecessor's term.\n  2. The governor shall designate a chairperson and a vice-chairperson\nfrom among the directors. The chairperson shall preside over all\nmeetings of the directors and shall have such other duties as the\ndirectors may prescribe. The vice-chairperson shall preside over all\nmeetings of the directors in the absence of the chairperson and shall\nhave such other duties as the directors may prescribe.\n  3. The directors of the authority shall serve without salary, but each\ndirector shall be reimbursed for actual necessary expenses incurred in\nthe performance of such director's official duties as a director of the\nauthority.\n  4. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state of New York, any city, county, town or village,\nany governmental entity operating any public school or college, any\nschool district or any other public agency or instrumentality which\nexercises governmental powers under the laws of the state, shall forfeit\nhis or her office or employment by reason of his or her acceptance of\nappointment as a director, officer or employee of the authority, nor\nshall service as such director, officer or employee of the authority be\ndeemed incompatible or in conflict with such office or employment.\n  5. Four directors shall constitute a quorum for the transaction of any\nbusiness or the exercise of any power of the authority. No action shall\nbe taken by the authority except pursuant to a favorable vote of at\nleast four directors participating in a meeting at which such action is\ntaken.\n  6. The authority shall appoint a treasurer and may appoint officers\nand agents as it may require and prescribe their duties.\n  7. At least annually, commencing no more than one year after the date\non which authority bonds are first issued, the authority shall report to\nthe county executive, county legislature, the county comptroller, the\ndirector of the budget, the speaker of the assembly, the temporary\npresident of the senate and the state comptroller on the costs financed\nby the authority and the amount of such financing for each such cost\nover the past year.\n
N.Y. GOB Law § 1-101 — New York Code / Act GOB / Article 1 / Title 1 / Section 1-101
Short title
Status: in_force

§ 1-101. Short title. This chapter shall be known and may be cited as\nthe "General Obligations Law."\n
N.Y. ELN Law § 17-112 — New York Code / Act ELN / Article 17 / Title 1 / Section 17-112
Soliciting media support
Status: in_force

§ 17-112. Soliciting media support. Any person who solicits from a\ncandidate for an elective office money or other property as a condition\nor consideration for a supporting article, report or advertisement in\nany publication or news media in favor of such candidate, is guilty of a\nmisdemeanor.\n
N.Y. EDN Law § 398-A — New York Code / Act EDN / Title 1 / Article 8-C / Section 398-A
Reduction of salaries for investment in custodial accounts
Status: in_force

§ 398-a. Reduction of salaries for investment in custodial accounts.\nEach employer, in his discretion, may enter into a written agreement\nwith any employee to reduce the annual salary as otherwise payable by\nlaw of such employee for the purpose of investing in a custodial account\nas permitted under section 403(b) of the United States Internal Revenue\nCode, as amended, for such employee. Any such agreement may be\nterminated at any time upon written notice by either such employee or\nemployer and shall be governed by the otherwise consistent provisions of\nsection three hundred ninety-nine of this article. Nothing contained in\nthis section shall be construed to diminish or impair any benefits to\nwhich such employee or his legal representatives or beneficiaries would\nbe otherwise entitled had such salary reduction agreement not been\nentered into in accordance with the provisions of this section.\n
N.Y. VAT Law § 127 — New York Code / Act VAT / Title 1 / Article 1 / Section 127
Overhang
Status: in_force

§ 127. Overhang. That portion of a transported vehicle or boat which\nextends beyond the front or rear bumper of an automobile transporter or\nstinger-steered automobile transporter or boat transporter or\nstinger-steered boat transporter, or that portion of a transported\nvehicle that extends beyond the rear bumper of a car carrier.\n
N.Y. PBA Law § 1020-M — New York Code / Act PBA / Article 5 / Title 1-A / Section 1020-M
Legal investments
Status: in_force

* § 1020-m. Legal investments. Any bonds or notes issued by the\nauthority are hereby made securities in which all public officers and\nbodies of this state and all municipalities, all insurance companies and\nassociations and other persons carrying on an insurance business, all\nbanks, bankers, trust companies, savings banks and savings associations,\nincluding savings and loan associations, building and loan associations,\ninvestment companies and other persons carrying on a banking business,\nall trusts, estates and guardianships and all other persons whatsoever,\nwho are now or may hereafter be authorized to invest in bonds or other\nobligations of the state, may properly and legally invest funds,\nincluding capital in their control or belonging to them. The bonds and\nnotes are also hereby made securities which may be deposited with and\nshall be received by all public officers and bodies of the state and all\nmunicipalities for any purpose for which the deposit of bonds or other\nobligations of the state is now or may hereafter be authorized.\n  * NB There are 2 § 1020-m's\n
N.Y. EDN Law § 399 — New York Code / Act EDN / Title 1 / Article 8-C / Section 399
Special annuity and custodial account programs authorized
Status: in_force

§ 399. Special annuity and custodial account programs authorized.  1.\nAn employer is hereby authorized to establish by resolution special\nannuity and custodial account programs which shall provide for the\npurchase of contracts or establishment of custodial accounts providing\nretirement and death benefits for or on behalf of employees electing to\nenter into an agreement with such employer providing for a reduction of\nannual salary for the purpose of purchasing such contracts or for making\ncontributions to such custodial accounts.\n  2. Where the employer has established a special annuity and/or\ncustodial account program authorized by this article, any employee may\nenter into an agreement with his employer for the reduction of his\nsalary which is earned after the effective date of such agreement and\nfor contributions to the purchase of an annuity contract or to a\ncustodial account for such employee by his employer in an amount equal\nto the reduction in salary so agreed on. The employer shall purchase the\nannuity contract or make contributions to the custodial account for such\nemployee entering into such an agreement from the insurer or custodian\ndesignated pursuant to subdivision four of this section. Such annuity\ncontract shall be issued to, and become the property of, such employee\nwhose rights therein shall be non-forfeitable except for failure to pay\nfuture premiums or such custodial account shall be established on behalf\nof such employee whose rights therein are non-forfeitable. Neither the\nstate, or a political subdivision thereof, nor an employer shall be a\nparty to any annuity contract purchased or custodial account established\nin whole or in part with payments pursuant to said agreement, and no\nretirement, death or other benefit shall be payable by the state, or\npolitical subdivision thereof, or by an employer under such agreement or\nsuch annuity contract or custodial account.\n  3. Subject to approval and filing, as hereinafter provided by the\ncomptroller, any such agreement shall specify the amount of such\nreduction, and the effective date thereof, and shall be binding and\nirrevocable as to both parties thereto during the continuation of such\nemployee's employment with the employer; provided, however, that such\nagreement may be terminated in accordance with university guidelines\nupon notice in writing by either party. Such termination shall take\neffect at the beginning of the payroll period the first day of which is\nnearest to the thirtieth day following the day on which such\nnotification of termination was (i) received by the employer, in the\nevent such termination is initiated by the employee, or (ii) sent to the\nemployee in the event such termination is initiated by the employer.\n  4. The board of trustees of state university with respect to the state\nuniversity and the community colleges, and the board of trustees of the\ncity university with respect to employees of the city university of New\nYork, shall designate the insurer or insurers from which such annuity\ncontracts or in the case of custodial accounts, the company or companies\nfrom whom regulated investment company shares shall be purchased. In\nmaking such designation, due consideration shall be given to (a) the\nnature and extent of the rights and benefits to be provided by contracts\nfor such special annuity or custodial account for employees and their\nbeneficiaries, (b) the relation of such rights and benefits to the\namount of contributions to be made for such contracts, (c) the\nsuitability of such rights and benefits to the needs and interests of\nemployees, and to the interests of employers in the employment and\nretention of employees, and (d) the authority and ability of the\ndesignated insurer or insurers or designated company or companies to\nprovide rights and benefits under such contracts or custodial accounts.\n  5. The board of trustees of state university, with respect to the\nstate university and the community colleges, and the board of trustees\nof the city of New York with respect to the city university, are hereby\nauthorized to provide for the administration of a program for the\npurchase of such special annuities or establishment of custodial\naccounts, and to perform or authorize the performance of such functions\nas may be necessary for such purpose in accordance with this section.\n  6. No agreement for reduction of salary as authorized by this section\nor any termination thereof shall become effective until approved by and\nfiled with the comptroller. Upon such approval and filing the\ncomptroller shall reduce an employee's salary pursuant to said agreement\nand pay an amount equal to the amount agreed upon for such salary\nreduction as an employer contribution to the designated insurer or\ninsurers or designated custodian or custodians.  Notwithstanding the\nreductions of salary authorized by this article, (i) the amount of\nemployer and employee contributions otherwise required on behalf of an\nemployee electing the optional retirement program pursuant to articles\neight-B or one hundred twenty-five-A of this chapter, as the case may\nbe, shall continue to be made on the basis of the salary of such\nemployee without regard to such reduction, or (ii) in the event a member\nof a public retirement system in this state agrees to a reduction of his\nsalary in accordance with this subdivision, such agreement shall not\ncause him to lose any benefits under such public retirement system to\nwhich he would be otherwise entitled had he not agreed to reduce his\nsalary for the purpose of having a special annuity purchased or\ncontributions to a custodial account made on his behalf, and any\nrequired employer and employee contributions shall continue to be made\non the basis of the salary of such employee without regard to such\nreduction.  Any survivor's benefit payable pursuant to the civil service\nlaw shall be based upon the salary of such employee without regard to\nthe reduction authorized by this article.\n  7. Any payroll deduction, other than income tax withholdings as\nrequired by law, which may be required or authorized pursuant to law,\ncontract, agreement, or any other instrument, the amount of which is\ndetermined in relation to an employee's earnings, shall be based on the\nsalary of such employee without regard to reduction thereof pursuant to\nany agreement authorized by this article.\n  8. An employee agreeing to have his salary reduced in accordance with\nthis article shall be paid an amount equal to his salary less the amount\nof the reduction pursuant to such agreement and any deductions\nauthorized by law, such amount to be paid in equal installments in\naccordance with the payroll procedure otherwise appropriate.\n  9. Payments for contracts providing for a special annuity or custodial\naccount shall be made by the comptroller to the designated insurer or\ninsurers or designated custodians out of moneys otherwise available in\naccordance with law for salaries of the employees for whom such\nannuities are purchased or contributions to such custodial accounts are\nmade.\n  10. Nothing contained in this section shall impair or prevent any\nagreements which have heretofore, or may hereafter be, entered into\nbetween Alfred university and any employee of the state college of\nceramics under the management and control of Alfred university as the\nrepresentative of the state university trustees, or between Cornell\nuniversity and any employee of the state colleges of agriculture, home\neconomics, veterinary medicine or industrial and labor relations, the\nstate agricultural experiment station at Geneva, or any other\ninstitution or agency under the management and control of Cornell\nuniversity as representative of the state university trustees for\nreduction of the basic annual salary of any such employee as otherwise\nfixed by or pursuant to law and purchase of a special annuity or\ncontribution to a custodial account on his behalf. In the case of any\nsuch employee whose salary is paid directly to him by the state, the\ncomptroller is hereby authorized to reduce his salary in accordance with\nany such agreement as certified on the appropriate payroll and upon the\naudit and warrant of the comptroller the amount of any such reduction\nshall be paid to Alfred university or Cornell university, as the case\nmay be, out of moneys appropriated and otherwise available for the\npayment of such employee's salary, for the purchase by such university\nof a special annuity or contribution to a custodial account for such\nemployee. No agreement for reduction of salary and purchase of a special\nannuity or contribution to a custodial account by any employee to whom\nthis subdivision is applicable shall cause him to lose any benefits to\nwhich he would otherwise be entitled by reason of membership in the New\nYork state and local employees' retirement system and any required\nemployer and employee contributions to such system shall continue to be\nmade on the basis of the salary of such employee without regard to such\nreduction. In the case of any such employee electing the optional\nretirement program the amount of employer and employee contributions\notherwise required shall continue to be made on the basis of the salary\nof such employee without regard to such reduction. Any survivor's\nbenefit payable pursuant to the civil service law shall be based on the\nsalary of any employee to whom this subdivision is applicable without\nregard to his agreement for reduction thereof. Subdivisions seven and\neight of this section shall apply to employees to whom this subdivision\nis applicable who enter into agreements for reduction of salary and\npurchase of special annuities or contribution to a custodial account.\n
N.Y. ENV Law § 27-0101 — New York Code / Act ENV / Article 27 / Title 1 / Section 27-0101
Legislative purposes
Status: in_force

§ 27-0101. Legislative purposes.\n  1. It is the purpose of the legislature of the state of New York in\nenacting this article to encourage the development of economical\nprojects for the present and future collection, treatment and management\nof solid and hazardous waste in such a manner as will assure full\nconsideration of all aspects of planning for proper and effective solid\nand hazardous waste disposal, coordinated, so far as practicable, with\nother related state, regional and local planning activities, and\nconsistent with the protection of the public health, including such\nfactors as population change, urban and metropolitan development, land\nuse planning, water pollution and air pollution control, and the\nfeasibility of regional resource recovery programs.\n  2. It is furthermore the purpose of the legislature of the state of\nNew York to effect maximum resource recovery from solid waste on a\ncost-effective basis, with minimum environmental debit, energy-efficient\nmaterials recovery, prudent land use, maximum economic benefits and\nmaximum effective private sector participation, with due concern for the\nprimacy of the local and regional role in resource recovery procedures\nupon the basis of public knowledge and consent.\n
N.Y. ELD Law § 210 — New York Code / Act ELD / Article 2 / Title 1 / Section 210
Advisory committee
Status: in_force

§ 210. Advisory committee.  1. There shall be within the office an\nadvisory committee for the aging, consisting of not more than\nthirty-five members, appointed by the governor. In making such\nappointments, the governor shall give due consideration to\nrepresentation from the major regions of the state. One member of the\nadvisory committee shall be designated as chairperson by the governor\nand shall serve as chairperson at the pleasure of the governor. The\nadvisory committee shall meet from time to time at the call of such\nchairperson or the director. The director shall seek the advice of the\nadvisory committee with respect to the needs of the aging and, if so\nrequested by the director, such committee shall make particular studies\nrelating to the aging.\n  2. The members of the advisory committee shall serve without salary,\nbut each member shall be entitled to reimbursement for his or her actual\nand necessary expenses incurred in the performance of his or her\nofficial duties.\n  3. All members of the advisory committee shall be appointed for terms\nof three years provided, however, that of the members first appointed,\none-third shall be appointed for one-year terms, and one-third shall be\nappointed for two-year terms. Any member chosen to fill a vacancy\ncreated otherwise than by expiration of term shall be appointed for the\nunexpired term of the member he or she is to succeed.\n  4. Sixty percent of the members of the advisory committee appointed on\nand after the effective date of this subdivision shall be sixty years of\nage or over.\n
N.Y. PBH Law § 2401 — New York Code / Act PBH / Article 24 / Title 1 / Section 2401
Cancer; duty to report
Status: in_force

§ 2401. Cancer; duty to report. 1. Every physician, dentist and other\nhealth care provider shall give notice immediately but not later than\none hundred eighty days of every case of cancer or other malignant\ndisease coming under his or her care, to the department, except as\notherwise provided.\n  2. Whenever an examination of a tissue specimen in a laboratory\ndiscloses the existence of cancer or other malignant disease, the person\nin charge of such laboratory or the person making such examination shall\nimmediately but not later than one hundred eighty days report the same\ntogether with all the facts in connection therewith to the department.\n  3. The person in charge of every cancer reporting facility shall\nimmediately but not later than one hundred eighty days give notice of\nevery case of cancer or malignant disease coming under the care of the\ninstitution to the department.\n  4. All abstracting work performed by a cancer reporting facility\npursuant to the reporting provisions of this section shall be performed\nby a certified tumor registrar. Cancer reporting facilities may\nestablish consortia to engage a certified tumor registrar to perform the\nreporting requirements of this section. A "certified tumor registrar" is\nan individual certified by a nationally recognized not-for-profit\norganization which certifies tumor registrars. The provisions of this\nsubdivision shall not apply to any cancer reporting facility which\nrenders services for one hundred or fewer cases of cancer and malignant\ndisease per year as determined by the commissioner.\n  5. The department shall establish and update as necessary a manual\ndesignating which specific data elements shall be reported to the\ndepartment pursuant to this section. The department shall make such\nmanual available to every cancer reporting facility, physician, dentist\nand other health care provider required to comply with the provisions of\nthis section.\n  6. The department shall establish and update as necessary a data\ndictionary to standardize information interpretation of data elements\nreported by cancer reporting facilities and other health care providers.\nThe department shall make such dictionary available to every cancer\nreporting facility, physician, dentist and other health care provider\nrequired to comply with the provisions of this section.\n  7. The department shall, to the extent funds are made available,\nestablish or contract for regional training programs to provide training\nto any cancer reporting facility, physician, dentist or other health\ncare provider required to comply with the provisions of this section.\nSuch regional training programs shall provide training relating to the\nspecific data elements which must be reported pursuant to this section,\nthe data dictionary established pursuant to this section, and any other\nsubjects which are intended to ensure quality, timely and complete\ncompliance with this section.\n  8. The department shall, meet cancer registry goals established by a\nnationally recognized central cancer registry organization unless any\nsuch goal is contrary to any provision of law.\n  9. Where a cancer reporting facility fails to comply with the\nprovisions of this section, the department may elect to perform registry\nservices for such facility. Such cancer reporting facility shall\nreimburse the department for actual expenses incurred.\n  10. A physician, dentist, laboratory, cancer reporting facility or\nother health care provider which violates any provision of this section\nshall be subject to a civil penalty as provided in section twelve of\nthis chapter.\n  11. The notices required by this section shall be upon forms supplied\nby the commissioner and shall contain such information as shall be\nrequired by the commissioner.\n  12. For the purpose of this section, a "cancer reporting facility"\nmeans a hospital as defined in article twenty-eight of this chapter,\nclinic or any organization certified pursuant to article forty-four of\nthis chapter, or other similar public or private institution.\n  13. The commissioner shall have the power to promulgate any such rules\nand regulations as shall be necessary and proper to effectuate the\npurposes of this section.\n
N.Y. PBH Law § 2500-B — New York Code / Act PBH / Article 25 / Title 1 / Section 2500-B
Sudden infant death syndrome
Status: in_force

§ 2500-b. Sudden infant death syndrome.  (a) Declaration of policy.\n  Occurrence of sudden deaths of infants is a tragedy for the child, the\nfamily and the community, and a matter of vital concern to the public\nhealth.  In order to provide for the protection and promotion of the\nhealth of the inhabitants of the state, the department of health shall\nhave the central and comprehensive responsibility for the development\nand administration of the state's policy with respect thereto.\n  (b) The commissioner shall establish a program to study the sudden\ndeaths of infants which are unexpected by medical history, and for which\nadequate causes of death have not been demonstrated.\n  (c) Such program may initially consist of pilot projects which shall\ninclude epidemiological investigation, family counseling and evaluation\nin order to identify the major risk factors in sudden infant deaths with\nthe objective of preventing such deaths.\n
N.Y. ELN Law § 9-112 — New York Code / Act ELN / Article 9 / Title 1 / Section 9-112
Canvass ballots; validity of ballot
Status: in_force

§ 9-112. Canvass ballots; validity of ballot. 1. The whole ballot is\nvoid if the voter (a) does any act extrinsic to the ballot such as\nenclosing any paper or other article in the folded ballot or (b) defaces\nor tears the ballot except that a ballot card which is in perforated\nsections shall not be void because it has been separated into sections\nor (c) makes any erasure thereon or (d) makes any mark thereon other\nthan a cross X mark or a check V mark in a voting square, or filling in\nthe voting square, or (e) writes, other than in the space provided, a\nname for the purpose of voting; except that an erasure or a mark other\nthan a valid mark made in a voting square shall not make the ballot\nvoid, but shall render it blank as to the office, party position or\nballot proposal in connection with which it is made. No ballot shall be\ndeclared void or partially blank because a mark thereon is irregular in\nform. The term "voting square" shall include the voting space provided\nfor a voter to mark his or her vote for a candidate or ballot proposal.\n  2. A cross X mark or a check V mark, made by the voter, in a voting\nsquare at the left of a candidate's name, or the voter's filling in such\nvoting square, shall be counted as a vote for such candidate.\n  3. A vote shall be counted for a person whose name is written in under\nthe title of an office or party position only if such name is written by\nthe voter upon the ballot in the proper space provided therefor and only\nif such name is not printed under the title of such office or position.\nA voting mark before or after such written in name shall not invalidate\nthe vote.\n  4. If, in the case of a candidate whose name appears on the ballot\nmore than once for the same office, the voter shall make a cross X mark\nor a check V mark in each of two or more voting squares before the\ncandidate's name, or fill in two or more such voting squares only the\nfirst vote shall be counted for such candidate. If such vote was cast\nfor the office of governor, such vote shall not be recorded in the tally\nsheet or returns in a separate place on the tally sheet as a vote not\nfor any particular party or independent body.\n  5. If a voter makes a cross X mark or a check V mark in a voting\nsquare following the word "Yes" or the word "No", before a ballot\nproposal, or fills in such square, such mark shall be counted in the\naffirmative or negative, as so indicated.\n  6. If the voter marks more names than there are persons to be elected\nor nominated for an office, or elected to a party position, or makes a\nmark in a place or manner not herein provided for, or if for any reason\nit is impossible to determine the voter's choice of a candidate or\ncandidates for an office or party position or his or her vote upon a\nballot proposal, his or her vote shall not be counted for such office or\nposition or upon the ballot proposal, but shall be returned as a blank\nvote thereon.\n