N.Y. EDN Law § 4355 — New York Code / Act EDN / Title 6 / Article 88 / Section 4355
Admission
Status: in_force

§ 4355. Admission. All deaf or blind and deaf children between the age\nof three years and twenty-one years and of suitable capacity for\ninstruction who are legal residents of the state shall be eligible for\nappointment to the New York state school for the deaf without charge for\nsuch period of time in each individual case as may be set by the\ncommissioner, either: (i) upon the recommendation of the committee on\nspecial education or committee on preschool special education of the\nchild's school district of residence, as applicable; or (ii) where the\nparents of a school age child make application directly to the\ncommissioner or the school, upon recommendation of the school's\nmultidisciplinary team in accordance with the joint placement procedures\nestablished in this section.\n  2. a. Upon receipt of an application for admission of a child who has\nnot been recommended for placement by the committee on special education\nor committee on preschool special education of the child's school\ndistrict of residence, the school shall immediately notify such school\ndistrict of such application. Notwithstanding any inconsistent provision\nof law, the school shall make available to such school district of\nresidence, upon request, all records in its possession relating the\nevaluation, placement and educational performance of each child who has\napplied for admission or is attending the school, including the results\nof any current evaluations of such child.\n  b. Prior to any meeting of its multidisciplinary team to develop an\nindividualized education program for a school age child, either upon\ninitial admission to the school or in an annual review, the school shall\nnotify the school district of residence of such meeting and shall offer\nthe district the opportunity to identify and present to the\nmultidisciplinary team, an alternative placement recommendation for\nservices in the least restrictive environment. In addition, such notice\nshall advise the school district of its right to appoint additional\nmembers to the multidisciplinary team pursuant to paragraph c of this\nsubdivision. The multidisciplinary team shall consider such alternative\nand, if it rejects the alternative, shall include in its recommendation\na statement of its reasons for doing so.\n  c. In addition to the members required for a committee on special\neducation pursuant to subdivision one of section forty-four hundred two\nof this chapter, the school's multidisciplinary team may include\nadditional members appointed by the board of education of the school\ndistrict of residence pursuant to this paragraph, and shall include such\nmembers if appointed by such board of education. For each member\nappointed by the school, the school district may appoint a corresponding\nmember, including a representative of the committee on special education\nwho is qualified to teach or supervise special education, a school\npsychologist, the child's teacher, a parent member, a physician where\nthe parent requests attendance of the physician member, and, for a child\nwho has been evaluated for the first time, a person who is knowledgeable\nabout the evaluation procedures used with the child and familiar with\nthe results of the evaluation. The commissioner shall determine the\nlocation at which the multidisciplinary team meeting will be held. In\nthe event of a tie vote on the multidisciplinary team, the parents shall\ncast the deciding vote.\n  d. The majority of the multidisciplinary team shall state the reasons\nfor its recommendation, and submit such recommendation to the\ncommissioner for consideration in determining whether to appoint the\nchild. If the representatives appointed by the school district of\nresidence disagree with the recommendation of the multidisciplinary\nteam, they shall be entitled to prepare a dissenting opinion on the\nplacement recommendation and to submit such opinion to the commissioner\nfor consideration in determining whether to appoint the child to the\nschool.\n  e. The commissioner, or his or her designee, in determining whether to\nappoint a school age child to the school, shall consider whether the\nplacement at the state school is an appropriate placement in the least\nrestrictive environment, taking into account the school district's\nrecommended alternative placement. If the commissioner or his or her\ndesignee determines that placement in the state school is not in the\nleast restrictive environment or otherwise disagrees with such\nrecommendation, the commissioner shall state his or her reasons in\nwriting and shall send the recommendation back to the multidisciplinary\nteam for reconsideration, with notice to the parents. If the\ncommissioner refers the recommendation back to the multidisciplinary\nteam for reconsideration, the commissioner shall also notify the parents\nand the multidisciplinary team in writing of the need to schedule a\nmeeting to ensure timely placement.\n  * f. Notwithstanding any provision of law, rule or regulation to the\ncontrary, a member of the multidisciplinary team, other than the parents\nor persons in parental relation to the student is not required to attend\na meeting of the team, in whole or in part, if the parent or person in\nparental relation to the student and the department agree, in writing,\nthat the attendance of the member is not necessary because the member's\narea of the curriculum or related services is not being modified or\ndiscussed at the meeting.\n  * NB Repealed June 30, 2027\n  * g. Notwithstanding any provision of law, rule or regulation to the\ncontrary, a member of the multidisciplinary team, other than the parents\nor persons in parental relation to the student, may be excused from\nattending a meeting of the team, in whole or in part, when the meeting\ninvolves a modification to or discussion of the member's area of the\ncurriculum or related services if the parent or person in parental\nrelation to the student and the department consent, in writing, to the\nexcusal and the excused member submits to the parent or person in\nparental relation to the student and the multidisciplinary team, written\ninput into the development of the individualized education program, and\nin particular written input with respect to their area of curriculum or\nrelated services prior to the meeting.\n  * NB Repealed June 30, 2027\n  * h. Requests for excusal of a member of the multidisciplinary team as\nprovided for in paragraphs f and g of this subdivision, and the written\ninput as provided for in paragraph g of this subdivision, shall be\nprovided not less than five calendar days prior to the meeting date, in\norder to afford the parent or person in parental relation a reasonable\ntime to review and consider the request. Provided however, that a parent\nor person in parental relation shall retain the right to request and/or\nagree with the department to excuse a multidisciplinary team member at\nany time including where the member is unable to attend the meeting\nbecause of an emergency or unavoidable scheduling conflict and the\ndepartment submits the written input for review and consideration by the\nparent or person in parental relation within a reasonable time prior to\nthe meeting and prior to obtaining written consent of the parent or\nperson in parental relation to such excusal.\n  * NB Repealed June 30, 2027\n  * i. Notwithstanding any other provision of law, rule or regulation to\nthe contrary, in making changes to a student's individualized education\nprogram after the annual review has been conducted, the parent or person\nin parental relation to the student and the department may agree not to\nconvene a multidisciplinary team meeting for the purpose of making those\nchanges, and instead may develop a written document to amend or modify\nthe student's current individualized education program under the\nfollowing circumstances:\n  (i) The parent or person in parental relation makes a request to the\ndepartment for an amendment to the individualized education program and\nthe department and such parent or person in parental relation agree in\nwriting; or\n  (ii) The department provides the parent or person in parental relation\nwith a written proposal to amend a provision or provisions of the\nindividualized education program that is conveyed in language\nunderstandable to the parent or person in parental relation in such\nparent's or such person's native language or other dominant mode of\ncommunication, informs and allows the parent or person in parental\nrelation the opportunity to consult with the appropriate personnel or\nrelated service providers concerning the proposed changes and the parent\nor person in parental relation agrees in writing to such amendments.\n  (iii) If the parent or person in parental relation agrees to amend the\nindividualized education program without a meeting, the parent or person\nin parental relation shall be provided prior written notice of the\nchanges to the individualized education program resulting from such\nwritten document and the multidisciplinary team shall be notified of\nsuch changes. If the department makes such changes by rewriting the\nentire individualized education program, it shall provide the parent or\nperson in parental relation with a copy of the rewritten individualized\neducation program. If the department amends the individualized education\nprogram without rewriting the entire document, the department shall\nprovide the parent or person in parental relation with a copy of the\ndocument that amends or modifies the individualized education program\nor, upon request of the parent or person in parental relation, a revised\ncopy of the individualized education program with the amendments\nincorporated.\n  Amendments to an individualized education program pursuant to this\nparagraph shall not affect the requirement that the multidisciplinary\nteam review the individualized education program at the annual meeting,\nor more often if necessary.\n  * NB Repealed June 30, 2027\n  3. The commissioner shall adopt regulations to prescribe the\nprocedures for evaluation, placement and admission of children in\naccordance with this section, which shall include but not be limited to\nprocedures to ensure that the due process rights of parents are\nprotected and that placement recommendations are made in a timely\nmanner.\n
N.Y. PBA Law § 1149-O — New York Code / Act PBA / Article 5 / Title 6-E / Section 1149-O
Interest in contracts prohibited
Status: in_force

§ 1149-o. Interest in contracts prohibited. It shall be a misdemeanor\nfor any member or any officer, agent, servant or employee of an\nauthority to be in any way or manner interested, directly or indirectly,\nin the furnishing of work, materials, supplies or labor, or in any\ncontract therefor which the authority is empowered by this title to\nmake.\n
N.Y. SOS Law § 212 — New York Code / Act SOS / Article 5 / Title 6 / Section 212
Responsibility; financing
Status: in_force

§ 212. Responsibility; financing. 1. If there is no agreement in\neffect for federal administration of additional state payments pursuant\nto section two hundred eleven of this title, the commissioner of the\noffice of temporary and disability assistance shall be responsible for\nproviding such payments to eligible residents of the state as required\nby this title and shall:\n  (a) accept and process applications for additional state payments to\nbe made pursuant to this title;\n  (b) determine eligibility for and the amount of additional state\npayments in accordance with this title;\n  (c) redetermine eligibility periodically as the office may require;\nprovided, however, that any such redeterminations shall be no more\nfrequent than provided by the applicable regulations of the United\nStates social security administration; and\n  (d) take all other actions necessary to effectuate the provisions of\nthis title.\n  2. If there is in effect an agreement for the federal administration\nof additional state payments, the state shall be responsible for paying\nto the secretary an amount equal to: (a) the amount expended under the\nstate's programs of old age assistance, assistance to the blind and aid\nto the disabled during the calendar year, nineteen hundred seventy-two,\nless any federal funds properly received on account of such\nexpenditures; plus (b) any amounts in addition to such sum as may be\nrequired by the agreement.\n
N.Y. SOS Law § 423-A — New York Code / Act SOS / Article 6 / Title 6 / Section 423-A
Child advocacy centers established
Status: in_force

§ 423-a. Child advocacy centers established. 1. The office of children\nand family services shall to the greatest extent practicable facilitate\nthe establishment of child advocacy centers in every region of the state\nso that child victims of sexual abuse or serious physical abuse have\nreasonable access to such a center and so that their cases are handled\nin an expert and timely manner, by a coordinated and cooperative effort\nthat minimizes trauma to the children and their non-offending family\nmembers. Child advocacy centers shall be established by either a\ngovernmental entity or a private, nonprofit incorporated agency and\nshall meet the state office of children and family services program\nstandards for child advocacy centers approval and strive to co-locate\nmembers of the local multi-disciplinary team at the child advocacy\ncenter.\n  2. Child advocacy centers may assist in the investigation of child\nabuse and maltreatment cases and shall provide at a minimum for the\nfollowing:\n  (a) a comfortable, private setting that is both physically and\npsychologically safe for children;\n  (b) sound program, fiscal and administrative practices;\n  (c) policies, practices and procedures that are culturally competent;\nfor the purpose of this paragraph "culturally competent" is defined as\nthe capacity to function in more than one culture, requiring the ability\nto appreciate, understand and interact with members of diverse\npopulations within the local community;\n  (d) a multidisciplinary investigative team established pursuant to\nsubdivision six of section four hundred twenty-three of this article;\n  (e) a written set of interagency protocols for an interdisciplinary\nand coordinated approach to the investigation of child abuse;\n  (f) forensic interviews to be conducted in a manner which is neutral\nand fact-finding and coordinated to avoid duplicative interviewing;\n  (g) specialized medical evaluation and treatment as part of the\nmultidisciplinary investigative team response, either at the center or\nthrough coordination with and referral to other appropriate treatment\nproviders;\n  (h) specialized mental health services as part of the\nmultidisciplinary investigative team response, either at the center or\nthrough coordination with and referral to other appropriate treatment\nproviders;\n  (i) victim support and advocacy as part of the multidisciplinary team\ninvestigative team response, either at the center or through\ncoordination with and referral to other appropriate treatment providers;\n  (j) a routine interdisciplinary case review process for purposes of\ndecision making, problem solving, systems coordination and information\nsharing concerning case status and services needed by the child and\nfamily;\n  (k) a comprehensive tracking system for monitoring case process and\ntracking case outcomes for team members; and\n  (l) a process for evaluating its effectiveness and its operation.\n  3. Child advocacy centers may also provide space for medical\nevaluation, therapeutic intervention, support services for child abuse\nvictims and their families, community education about child abuse, and\nany other services the center deems critical to the provision of service\nto child victims and their families and the multidisciplinary\ninvestigation of abuse allegations.\n  4. Any child advocacy center established prior to the effective date\nof this section shall, within six months of the effective date of this\nsection, revise its policies and practices to comply with subdivision\ntwo of this section. No organization shall refer to itself as a child\nadvocacy center unless it complies with this section.\n  5. (a) The files, reports, records, communications, working papers or\nvideotaped interviews used or developed in providing services under this\nsection are confidential. Provided, however, that disclosure may be made\nto members of a multidisciplinary investigative team who are engaged in\nthe investigation of a particular case and who need access to the\ninformation in order to perform their duties for purposes consistent\nwith this section and to other employees of a child advocacy center who\nare involved in tracking cases for the child advocacy center. Disclosure\nshall also be made for the purpose of investigation, prosecution and/or\nadjudication in any relevant court proceeding or, upon written release\nby any non-offending parent, for the purpose of counseling for the child\nvictim.\n  (b) Any public or private department, agency or organization may share\nwith a child advocacy center information that is made confidential by\nlaw when it is needed to provide or secure services pursuant to this\nsection. Confidential information shared with or provided to a center\nremains the property of the providing organization.\n  (c) The office of children and family services shall have access to\nall records created or maintained by a child advocacy center in order to\ncarry out the responsibilities of that office pursuant to this title.\n
N.Y. PBA Law § 3640 — New York Code / Act PBA / Article 10-C / Title 6 / Section 3640
Tax exemption and tax contract by the state
Status: in_force

§ 3640. Tax exemption and tax contract by the state. 1. It is hereby\ndetermined that the creation of the corporation and the carrying out of\nits corporate purposes are in all respects for the benefit of the people\nof the state of New York and are public purposes. Accordingly, the\ncorporation shall be regarded as performing an essential governmental\nfunction in the exercise of the powers conferred upon it by this title,\nand the corporation shall not be required to pay any fees, taxes,\nspecial ad valorem levies, or assessments of any kind, except as\nprovided pursuant to any public health law, whether state or local,\nincluding but not limited to fees, taxes, special ad valorem levies, or\nassessments on real property, franchise taxes, sales taxes, or other\ntaxes, upon or with respect to any property owned by it or under its\njurisdiction, control, or supervision, or upon the uses thereof, or upon\nor with respect to its activities or operations in furtherance of the\npowers conferred upon it by this title, or upon or with respect to any\nfares, tolls, rentals, rates, charges, fees, revenues, or other income\nreceived by the corporation; provided, however, that any real property\nowned or acquired by the corporation outside of the county shall be\nexempt from real property taxes, ad valorem levies, or special\nassessments only pursuant to and to the extent provided by an agreement\nwith the governing body of the municipality in which such real property\nis located; and provided, further, that subsidiaries of the corporation\nare not included within the foregoing exemption.\n  2. Any bonds issued pursuant to this title, together with the income\nfrom such bonds, shall at all times be exempt from taxation.\n  3. The state hereby covenants with the purchasers and with all\nsubsequent holders and transferees of bonds issued by the corporation\npursuant to this title, in consideration of the acceptance of and\npayment for the bonds, that the bonds of the corporation issued pursuant\nto this title and the income from such bonds, and all revenues, monies,\nand other property pledged to pay or to secure the payment of such bonds\nshall at all times be free from taxation.\n  4. The corporation may pay, or may enter into agreements with the\ncounty or any municipality to pay, a sum or sums annually or otherwise\nor to provide other considerations with respect to real property owned\nby the corporation located within the county or such municipality.\n
N.Y. PBA Law § 1149-H — New York Code / Act PBA / Article 5 / Title 6-E / Section 1149-H
Remedies of bondholders
Status: in_force

§ 1149-h. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to applicable provisions of this title:\n  1. In the event that the authority shall default in the payment of\nprincipal of or interest on any issue of the bonds after the same shall\nbecome due whether at maturity or upon call for redemption, and such\ndefault shall continue for a period of thirty days, or in the event that\nthe authority shall fail or refuse to comply with the provisions of this\ntitle, or shall default in any agreement made with the holders of any\nissue of the bonds, the holders of twenty-five per centum in aggregate\nprincipal amount of the bonds of such issue then outstanding, by\ninstrument or instruments filed in the office of the clerk of the county\nand proved or acknowledged in the same manner as a deed to be recorded,\nmay appoint a trustee to represent the holders of such bonds for the\npurposes herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds outstanding\nshall, in such trustee's own name:\n  (a) by action or proceeding in accordance with the civil practice law\nand rules, enforce all rights of the bondholders including the right to\nrequire the authority to collect rents, rates, fees, and charges\nadequate to carry out any agreement as to, or pledge of, such rents,\nrates and charges, and to require the authority to carry out any other\nagreements with the holders of such bonds and to perform its duties\nunder this title;\n  (b) bring an action or proceeding upon such bonds;\n  (c) by action or proceeding, require the authority to account as if it\nwere the trustee of an express trust for the holders of such bonds;\n  (d) by action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good, then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, annul\nsuch declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incidental to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n  4. The state supreme court shall have jurisdiction of any action or\nproceeding by the trustee on behalf of such bondholders. Venue of any\nsuch action or proceeding shall be laid in the county.\n  5. Any such trustee, whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\nproperties the revenues of which are pledged for the security of the\nbonds of such issue, and, subject to any pledge or agreement with\nholders of such bonds, such receiver may enter and take possession of\nsuch part or parts of the properties and shall take possession of all\nmoneys and other property derived from such part or parts of such\nproperties and proceed with any construction thereon or the acquisition\nof any property, real or personal, in connection therewith which the\nauthority is under obligation to do, and to operate, maintain and\nreconstruct such part or parts of the properties and collect and receive\nall revenues thereafter arising therefrom subject to any pledge thereof\nor agreement with bondholders relating thereto and perform the public\nduties and carry out the agreements and obligations of the authority\nunder the direction of the court. In any suit, action or proceeding by\nthe trustee, the fees, counsel fees and expenses of the trustee and of\nthe receiver, if any, shall constitute taxable disbursements and all\ncosts and disbursements allowed by the court shall be a first charge on\nany revenues derived from the properties.\n  6. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days notice in writing to the authority.\n
N.Y. SOS Law § 107 — New York Code / Act SOS / Article 3 / Title 6 / Section 107
Disposal of seized property and penalties collected
Status: in_force

§ 107.  Disposal of seized property and penalties collected.  All\nproperties seized and penalties collected shall be administered in\naccordance with the direction of the court having jurisdiction.  After\nthe expenses approved by the court have been paid the balance shall be\nused for the maintenance of such person, or to reimburse the public\nwelfare fund for expenditures previously made for his assistance or\ncare.\n
N.Y. EDN Law § 4005 — New York Code / Act EDN / Title 6 / Article 81 / Section 4005
Placement and evaluation of children
Status: in_force

§ 4005. Placement and evaluation of children. 1. a. Children placed by\nthe family court. When the placement of a child is being considered by\nthe family court pursuant to section 353.3, seven hundred fifty-six or\none thousand fifty-five of the family court act and such child is\nthought to have a handicapping condition and may be placed in a child\ncare institution, the family court judge or the probation department\nshall request the school district of residence to provide that the\ncommittee on special education of such district evaluate such child and\nmake written recommendations for appropriate educational services and to\nforward a written evaluation and recommendation within forty-two days of\nsuch request. Such information shall be used to determine the most\nappropriate placement for the child, and if the family court places the\nchild in the custody of a social services district, it shall transmit\nsuch information to such district. If the committee on special education\ndetermines that the child does not have a handicapping condition, it\nshall notify the family court of such determination within forty-two\ndays. If the committee on special education fails to make a\nrecommendation pursuant to the provisions of this paragraph, the family\ncourt shall obtain such information from the school district pursuant to\nsection two hundred fifty-five of the family court act.\n  b. Children placed by a local social services district. When a local\nsocial services district is considering the placement of a child thought\nto have a handicapping condition in a child care institution, the social\nservices district shall request the school district of residence to\nprovide that the committee on special education of such district\nevaluate such child and make written recommendations for appropriate\neducational services within forty-two days, except where such\ninformation has been obtained by the family court. Such information\nshall be used to determine the most appropriate placement for the child.\nIf the committee on special education determines that the child does not\nhave a handicapping condition, it shall notify the social services\ndistrict of such determination within forty-two days.\n  c. Children placed by the division for youth. (i) Any educational\ninformation obtained by the family court pursuant to this section shall\nbe transmitted to the division for youth pursuant to section five\nhundred seven-b of the executive law. The division shall use such\ninformation to determine the most appropriate placement for the child.\n  (ii) When the division for youth is considering the placement of a\nchild thought to have a handicapping condition in a child care\ninstitution, pursuant to article nineteen-G of the executive law, the\ndivision shall request the school district of residence to provide that\nthe committee on special education of such district evaluate such child\nand make written recommendations for appropriate educational services\nwithin forty-two days. Such information shall be used to determine the\nmost appropriate placement for the child. If the committee on special\neducation determines that the child does not have a handicapping\ncondition, it shall notify the division of such determination within\nforty-two days.\n  d. Children placed in residential treatment facilities for children\nand youth. When a pre-admission certification committee established\npursuant to section 9.51 of the mental hygiene law is considering the\nplacement of a child who has not previously been placed in a child care\ninstitution by a public agency in a residential treatment facility for\nchildren and youth and such child is thought to have a handicapping\ncondition, the committee shall request the school district of residence\nto provide that the committee on special education of such district\nevaluate such child and make written recommendations for appropriate\neducational services and to forward a written evaluation and\nrecommendation within forty-two days of such request. Notwithstanding\nthe definition set forth in subdivision eleven of section forty hundred\none of this article, if a child being considered for initial placement\nin a residential treatment facility is a patient in a hospital operated\nor licensed by the office of mental health, the school district of\nresidence shall be the school district of residence at the time he or\nshe entered the hospital. Such information shall be used to determine\nthe most appropriate placement for the child. If the committee on\nspecial education determines that the child does not have a handicapping\ncondition, it shall notify the pre-admission certification committee and\nthe operator of a residential treatment facility for children and youth\nwhich has admitted the child for care and treatment of such\ndetermination within forty-two days.\n  e. Any information obtained from a committee on special education\npursuant to this section shall be considered confidential in accordance\nwith regulations of the commissioner and shall be forwarded by the local\nsocial services district, the division for youth or the appropriate\npre-admission certification committee established pursuant to section\n9.51 of the mental hygiene law to the child care institution or other\nfacility in which the child is placed.\n  f. For the purposes of this section, an emergency placement shall mean\na child who must be placed in a child care institution to protect the\nhealth and welfare of the child or his family within thirty days of the\npresentation of the child to the family court or a local social services\ndistrict. Children in an emergency placement shall not be exempted from\nthe requirements of paragraphs a and b of this subdivision, except that\nthe required educational evaluation shall be performed and\nrecommendations made subsequent to the emergency placement but in no\ncase later than forty-two days after such placement.\n  2. a. Upon the placement of a child who is at least five years of age\nin a child care institution that operates a private school or in a\nspecial act school district, by a public agency, or in a residential\ntreatment facility for children and youth which, independently or as\npart of an authorized agency, operates a private school or a special act\nschool district, the committee on special education of the private\nschool or the special act district shall follow the procedures contained\nin section forty-four hundred two of this chapter including the\ninvolvement of the parents or guardians of the child and shall:\n  (i) consider and review the evaluation performed by the committee on\nspecial education of the school district of residence.\n  (ii) prepare an individualized education program for each child who\nhas been determined to be handicapped which takes into account\nrecommendations made by the committee on special education of the school\ndistrict of residence.\n  (iii) place the child in the most appropriate program specified in\nsubdivision two of section forty hundred two of this article. The\ncommittee shall review at least annually and prepare a written report\nconcerning the status of each child with a handicapping condition under\nits jurisdiction which shall include a determination whether a child's\neducational program should be continued, modified or terminated.\n  (iv) forward to the social services district or the division for youth\nthe individualized education program and in each year forward an annual\nreport for each child, as specified in this paragraph. The social\nservices district, the division for youth or the operator of a\nresidential treatment facility for children and youth which is not\noperated by an authorized agency, as the case may be, shall transmit a\ncopy of such documents to the parents or guardians of the child and to\nthe committee on special education of the school district of origin and\nshall forward a copy of the evaluation performed by the committee on\nspecial education of the school district of residence to the parents or\nguardians of the child.\n  * b. If the individual educational evaluation, individualized\neducation program, educational placement decision, or the annual report\nfor the child or any other matter relating to the provision of a free\nappropriate public education to the student is not acceptable to the\nparents or persons in parental relation to the student, an impartial\nhearing may be initiated by such parties pursuant to section forty-four\nhundred four of this title and mediation shall be made available\npursuant to section forty-four hundred four-a of this title.\n  * NB Effective until June 30, 2027\n  * b. If the educational evaluation, educational placement decision or\nthe annual report for the child is not acceptable to the parents or\nguardians of the child, the child, or the social services district or\nthe division for youth, appeals may be made by such parties pursuant to\nsection forty-four hundred four of this chapter.\n  * NB Effective June 30, 2027\n  * c. A child care institution or the social services district or the\ndivision for youth may request a review by the board of education of the\nschool district of residence of the fact that a child has been\ndetermined not to be handicapped by the committee on special education\nof such district. An appeal to the commissioner will lie from any\ndetermination of the board of education.\n  * NB Effective June 30, 2027\n  3. In the event that it has been determined by a private school\noperated by a child care institution or a special act school district,\nsubject to any review or modification provided for in this article, that\na child should receive educational services in a public school, other\nthan a special act school district, or board of cooperative educational\nservices program or if a child resides in a child care institution that\ndoes not maintain an approved private school program or special act\nschool district, then any such child residing in a child care\ninstitution shall be admitted to the school district in which the child\ncare institution is located pursuant to regulations of the commissioner.\nFor the purposes of this subdivision a special act school district shall\nnot be considered to be the school district in which such institution is\nlocated.\n  4. During the pendency of any proceeding concerning any individual\nchild described above, the child care institution or special act school\ndistrict shall continue to be reimbursed by the social services district\nfor the approved cost of the current educational placement of the child,\nincluding the transportation of such child to and from any interview\nrequired by the committee on special education of the child's school\ndistrict of residence where an evaluation must be performed subsequent\nto the placement of a child pursuant to this section or any costs of an\nindependent evaluation deemed necessary by such committee.\n  5. Nothing in this section shall be deemed to affect the placement or\nremoval of a child from a child care institution by a public agency or\nthe admission or discharge of children to and from Blythedale Children's\nHospital.\n
N.Y. RPT Law § 499-BBBBB — New York Code / Act RPT / Article 4 / Title 6 / Section 499-BBBBB
Real property tax abatement
Status: in_force

§ 499-bbbbb. Real property tax abatement. 1. The department of finance\nshall provide an abatement of real property taxes pursuant to this\nsection to an eligible building in which construction, conversion,\nalteration or improvement that is completed on or after April first, two\nthousand twenty-two has resulted in the creation of a premises of a\nchildcare center or in an increase in the maximum number of children\nallowed on the premises of an existing childcare center when such center\nis in operation, as such number is specified in the permit issued by the\ndepartment of health and mental hygiene to operate such center. The\ndepartment of finance may only grant one such abatement to any eligible\nbuilding.\n  2. (a) (i) Beginning in the tax year commencing on or after July\nfirst, two thousand twenty-three, the amount of such tax abatement\nprovided to an eligible building described in subdivision one of this\nsection shall be equal to the costs incurred in the construction,\nconversion, alteration or improvement that has resulted in the creation\nof a premises of a childcare center or in an increase in the maximum\nnumber of children allowed on the premises of an existing childcare\ncenter, provided that such costs are certified in accordance with\nparagraph (d) of subdivision two of section four hundred\nninety-nine-ccccc of this title, and provided further that, during the\nabatement period: (A) the amount of such abatement shall not exceed\nthirty-five dollars for each square foot of the premises, nor exceed one\nhundred thousand dollars, for a tax abatement initially taken in a tax\nyear commencing prior to July first, two thousand twenty-five; and (B)\nthe amount of such abatement shall not exceed thirty-five dollars for\neach square foot of the premises, nor exceed three hundred fifty\nthousand dollars, for a tax abatement initially taken in a tax year\ncommencing on or after July first, two thousand twenty-five.\n  (ii) For any tax year, such abatement shall not exceed seven dollars\nfor each square foot of the premises, provided that such amount may be\nreduced as a result of an allocation of available funds for such\nabatement pursuant to paragraph (d) of this subdivision; and provided,\nfurther, that: (A) the amount of such tax abatement in any tax year\nshall not exceed the lesser of (I) twenty thousand dollars, or (II) the\nreal property tax liability for the eligible building in the tax year in\nwhich such tax abatement is taken, for a tax abatement initially taken\nin a tax year commencing prior to July first, two thousand twenty-five;\nand (B) the amount of a tax abatement in any tax year shall not exceed\nthe lesser of (I) seventy thousand dollars, or (II) the real property\ntax liability for the eligible building in the tax year in which such\ntax abatement is taken, for a tax abatement initially taken in a tax\nyear commencing on or after July first, two thousand twenty-five.\n  (iii) To the extent the amount of such tax abatement exceeds: (A) the\nlesser of (I) twenty thousand dollars, or (II) the real property tax\nliability of the eligible building in any tax year, for a tax abatement\ninitially taken in a tax year commencing prior to July first, two\nthousand twenty-five; or (B) the lesser of (I) seventy thousand dollars,\nor (II) the real property tax liability of the eligible building in any\ntax year, for a tax abatement initially taken in a tax year commencing\non or after July first, two thousand twenty-five, any amount of such tax\nabatement that remains may be applied to the real property tax liability\nof such building in succeeding tax years, provided that such abatement\nmust be applied to the real property tax liability of such building in\none or more of the four tax years succeeding the tax year in which such\ntax abatement was initially taken.\n  (b) (i) Notwithstanding paragraph (a) of this subdivision, an enhanced\ntax abatement shall be provided to an eligible building described in\nsubdivision one of this section that is located within a childcare\ndesert as described in this title and in any rules promulgated\nhereunder. Beginning in the tax year commencing on or after July first,\ntwo thousand twenty-three, the amount of such enhanced tax abatement\nshall be equal to the costs incurred in the construction, conversion,\nalteration or improvement that has resulted in the creation of a\npremises of a childcare center or in an increase in the maximum number\nof children allowed on the premises of an existing childcare center,\nprovided that such costs are certified in accordance with paragraph (d)\nof subdivision two of section four hundred ninety-nine-ccccc of this\ntitle, and provided further that, during the abatement period: (A) the\namount of such abatement shall not exceed seventy-five dollars for each\nsquare foot of the premises nor exceed two hundred twenty-five thousand\ndollars, for a tax abatement initially taken in a tax year commencing\nprior to July first, two thousand twenty-five; and (B) the amount of\nsuch abatement shall not exceed seventy-five dollars for each square\nfoot of the premises nor exceed seven hundred fifty thousand dollars,\nfor a tax abatement initially taken in a tax year commencing on or after\nJuly first, two thousand twenty-five.\n  (ii) For any tax year, such abatement shall not exceed fifteen dollars\nfor each square foot of the premises, provided that such amount may be\nreduced as a result of an allocation of available funds for such\nabatement pursuant to paragraph (d) of this subdivision; and provided\nfurther that: (A) the amount of such enhanced tax abatement in any tax\nyear shall not exceed the lesser of (I) forty-five thousand dollars, or\n(II) the real property tax liability for the eligible building in the\ntax year in which such tax abatement is taken, for a tax abatement\ninitially taken in a tax year commencing prior to July first, two\nthousand twenty-five; and (B) the amount of such enhanced tax abatement\nin any tax year shall not exceed the lesser of (I) one hundred fifty\nthousand dollars, or (II) the real property tax liability for the\neligible building in the tax year in which such tax abatement is taken,\nfor a tax abatement initially taken in a tax year commencing on or after\nJuly first, two thousand twenty-five.\n  (iii) To the extent the amount of such enhanced tax abatement exceeds:\n(A) the lesser of (I) forty-five thousand dollars, or (II) the real\nproperty tax liability of the eligible building in any tax year, for a\ntax abatement initially taken in a tax year commencing prior to July\nfirst, two thousand twenty-five; or (B) the lesser of (I) seventy\nthousand dollars, or (II) the real property tax liability of the\neligible building in any tax year, for a tax abatement initially taken\nin a tax year commencing on or after July first, two thousand\ntwenty-five, any amount of such tax abatement that remains may be\napplied to the real property tax liability of such building in\nsucceeding tax years, provided that such abatement must be applied to\nthe real property tax liability of such building in one or more of the\nfour tax years succeeding the tax year in which the tax abatement was\ninitially taken.\n  (c) Notwithstanding paragraph (a) or (b) of this subdivision, the\naggregate amount of tax abatements authorized pursuant to this section\nfor any tax year shall be a maximum of twenty-five million dollars. No\ntax abatements shall be authorized pursuant to this section for any tax\nyear commencing on or after July first, two thousand thirty-two.\n  (d) Such aggregate amount of tax abatements, including the tax\nabatement described in paragraph (a) of this subdivision and the\nenhanced tax abatement described in paragraph (b) of this subdivision,\nshall be allocated by the department of finance on a pro rata basis\namong applicants whose applications have been approved by the designated\nagency. If such allocation is not made prior to the date that the real\nproperty tax bill, statement of account or other similar bill or\nstatement is prepared, the department of finance shall, as necessary,\nafter such allocation is made, submit an amended real property tax bill,\nstatement of account or other similar bill or statement to any applicant\nwhose abatement requires adjustment to reflect such allocation. Nothing\nin this paragraph shall be deemed to affect the obligation of any\ntaxpayer under applicable law with respect to the payment of any\ninstallment of real property tax for the fiscal year as to which such\nallocation is made, which was due and payable prior to the date such\namended real property tax bills are sent, and the department of finance\nshall be authorized to determine the date on which any such amended\nbills be sent and the installments of real property tax be reflected\ntherein.\n  (e) Notwithstanding any law to the contrary, any abatement granted to\nan eligible building pursuant to this section shall be in addition to\nany other abatement or exemption granted to such building, provided that\nany abatement granted under this section shall be applied after any\nother abatement or exemption granted to such building, and provided\nfurther that the application of this abatement after any other such\nexemption or abatement shall not exceed the real property tax liability\ndue on such eligible property.\n  3. Such abatement shall commence on the first of July following the\napproval of an application for abatement by the designated agency.\n  4. If, as a result of application to the tax commission or a court\norder or action by the department of finance, the billable assessed\nvalue of the eligible building for the fiscal year in which the tax\nabatement is taken is reduced after the assessment roll becomes final,\nthe department of finance shall recalculate such abatement so that the\nabatement granted shall not exceed the annual tax liability of such\nbuilding as so reduced. The amount equal to the difference between the\ninitial abatement granted by the department and the abatement as so\nrecalculated shall be deducted from any refund otherwise payable or\nremission otherwise due as a result of such reduction in billable\nassessed value.\n
N.Y. RSS Law § 343 — New York Code / Act RSS / Article 8 / Title 6 / Section 343
Transfer of members between systems
Status: in_force

§ 343. Transfer of members between systems. a. Notwithstanding any\nother provision of law providing for transfers, any member of any\nretirement system maintained by the state or a municipality thereof,\noperating on a sound financial basis and subject to the supervision of\nthe department of financial services of this state may transfer his or\nher membership pursuant to this section to the New York state and local\nemployees' retirement system, the New York city board of education\nemployees' retirement system, the New York state teachers' retirement\nsystem, the New York state and local police and fire retirement system\nor to the New York city employees' retirement system. Any member of the\nNew York state and local police and fire retirement system may transfer\nhis or her membership to any retirement system, other than the hospital\nretirement system, which is operating on a sound basis and is subject to\nthe supervision of the department of financial services of this state.\nAny police officer employed by the metropolitan transportation authority\nwho is a member of the MTA police twenty year retirement program of the\nmetropolitan transportation authority defined benefit pension plan\n(hereinafter referred to in this section as the "MTA police retirement\nprogram") may transfer his or her membership in the New York state and\nlocal police and fire retirement system and/or the New York city police\npension fund to the MTA police retirement program. Any police officer\nwho was employed by the metropolitan transportation authority, the Long\nIsland Railroad Company or the Metro-North Commuter Railroad Company and\nwho is a member of the MTA police retirement program may transfer his or\nher membership in the MTA police retirement program to the New York\nstate and local police and fire retirement system. Any transfer pursuant\nto this section may be effectuated only if the member has accepted a\nposition in another branch of the state or municipal service which would\nmake it:\n  1. Impossible for him or her to continue in the retirement system of\nwhich he or she has been a member, and\n  2. Possible for him or her to participate in another such system.\n  Notwithstanding the foregoing provisions of this subdivision, any\nemployee who would be eligible to avail himself or herself of the\nprovisions of this section but for being on leave of absence status from\na prior employment while in his or her present employment, shall be\npermitted to transfer his or her retirement system membership pursuant\nto the provisions of this section.\n  b. 1. In order to effect such a transfer, a member must give notice to\nthe administrative head of the retirement system of which he or she is a\nmember, prior to his or her withdrawal therefrom, of his or her\nintention to enter such other retirement system within one year.\n  2. If a member of the New York city police pension fund is trying to\neffect a transfer from such pension fund to the MTA police retirement\nprogram, the member must give notice to the administrative head of the\nNew York city police pension fund, prior to his or her withdrawal\ntherefrom, of his or her intention to enter such other retirement system\nwithin one year or within one year of the effective date of this\nparagraph.\n  3. In the case of a person who has withdrawn from a retirement system\nand has been entitled to at least thirty years of total service credit\nin such system, however, such notice may be given within three years\nfrom the time of such withdrawal. In the case of a person who was a\nmember of a retirement system, and who while under such status becomes a\nmember of such second retirement system, and who has not withdrawn his\nor her contributions to the first such retirement system, any provisions\nof law notwithstanding, such notice may be given on or before June\nthirtieth, nineteen hundred sixty-seven. A person so transferring from\none retirement system to another shall be deemed to have been a member\nof the system to which he or she has transferred during the entire\nperiod of membership service credited to him or her in the system from\nwhich he or she has transferred. Such transferee, however, shall not\nreceive more than three percent interest on his or her contributions and\naccumulated contributions unless he or she has continuously been a\nmember in either the system from which or to which he or she is\ntransferring since a date prior to July first, nineteen hundred\nforty-three. This shall not be construed to prevent a change in the\ninterest rate to such member if the interest rate payable to other\nmembers of the system to which he or she has transferred is changed. Any\nmember who heretofore transferred from one retirement system to another\nshall, commencing with the effective date of this subdivision, be\nentitled to the same rights, privileges and benefits, and shall be\nsubject to the same obligations, as a transferee who hereafter\ntransfers. He or she shall receive no credit for prior service, except\nas hereinafter provided. He or she shall be permitted to deposit in the\nsecond retirement system the total amount of his or her contributions\nwithdrawn from the first retirement system. Upon such deposit within one\nyear or within three years, or on or before June thirtieth, nineteen\nhundred sixty-seven, as the case may be, he or she or the administrative\nhead of the system to which he or she desires to transfer, shall request\nthe administrative head of the first retirement system to transfer to\nthe second retirement system a credit on account of his or her\nmembership in such system.\n  c. Upon the request for a transfer of credit, the reserve on such\nmember's benefits, computed as though he had not discontinued\nmembership, shall be determined by the actuary of the first system in\nthe following manner:\n  1. The total present value of all benefits allowable under the\nretirement system as the result of contributions made or to be made by\nhis employer shall be computed.\n  2. From such total present value there shall be deducted the present\nvalue of the future contributions which would be payable by his employer\non such member's account had he become a member of the retirement\nsystem, subsequent to its establishment, at the age at which he\noriginally entered the service of his employer. The result so obtained\nshall be considered as the reserve on his account in the first\nretirement system.\n  d. Such reserve shall be transferred from the appropriate fund or\nfunds of the first system to the appropriate fund or funds of the second\nsystem within one year from the date of the request for a transfer of\ncredit. Such member, thereupon, shall be given such status and credited\nwith such service in the second retirement system as he was allowed in\nthe first retirement system. Such contributor, notwithstanding any other\nprovision of law, shall on retirement after three years of member\nservice in the second retirement system be entitled to a pension based\non salary earned during member service in either retirement system, or\nin both retirement systems together, whichever may produce the greater\npension pursuant to the statutory requirements of the second retirement\nsystem. No such contributor, however, shall be entitled, on retirement\nwithin three years of the date of his transfer, to a greater or lesser\npension for such service rendered before his transfer than he would have\nreceived had he remained under the pension provisions of the first\nretirement system.\n  e. 1. A "New York city member," as defined in subdivision twenty of\nsection two hundred forty-three of the military law, who shall transfer\nto another retirement system pursuant to this section shall be given\ncredit, upon such transfer, for the period of military duty to which\nsuch member would have been entitled pursuant to such subdivision twenty\nif he had remained, until the time of death or retirement, in the\nretirement system from which he shall so transfer. The amount of\nreserves to be transferred under this section for such credit shall be\ncomputed in accordance with this section, shall include pension reserves\nfor such military duty, and shall be credited by the retirement system\nto which the member shall transfer in accordance with the provisions of\nsuch system governing credit for service in world war II, and the city\nof New York, or the authority, by which such member is employed\nimmediately prior to the transfer, shall pay to the retirement system\nthe amount of the reserve to be transferred on account of such military\nservice.\n  2. Any retirement system from which a member shall transfer pursuant\nto this subdivision shall have the right to require reasonable proof of\nmilitary service, pay status, and any other information relevant to\neligibility for such transfer of credit for military duty.\n  3. The provisions of this subdivision e shall apply only to a "New\nYork city member" who has rendered service as an officer or employee of\nthe city of New York (or any agency thereof) or public corporation, the\nofficers or employees of which are eligible for membership in a pension\nor retirement system maintained by such city, including performance of\nsuch military duty, for at least fifty per centum of the time between\nhis commencement of such service and the date upon which he has attained\nor shall attain age fifty-five.\n  f. Notwithstanding any other provisions of law, a member of the\nretirement system in the employ of the state on March thirty-first,\nnineteen hundred seventy, other than a member of the state police in\ncollective negotiating units established pursuant to article fourteen of\nthe civil service law, who would have been entitled to transfer service\ncredit from another retirement system pursuant to this section had he\nmade a timely election, may obtain such credit by depositing in the\nretirement system an amount equal to the contributions withdrawn from\nthe system of which he had been a member, with regular interest. Such\ndeposit shall be made on or before March thirty-first, nineteen hundred\nseventy-two, provided, however, such member may elect to deposit such\namount over a period of time no greater than the period for which credit\nis being claimed. Such payments must commence no later than March\nthirty-first, nineteen hundred seventy-two. If the full amount is not\npaid to the retirement system, the amount of service credited shall be\nproportional to the total amount of the payments made.\n  g. This subdivision shall apply only to individuals who, subsequent to\nvesting in a retirement system, transfer to a second retirement system\nwhose governing laws require a greater number of years of credit for\nvesting than those of the first system, and who, upon such transfer, do\nnot have the number of years of service credit that is ordinarily\nrequired to vest in such second retirement system.\n  1. Upon transfer, the number of years of service credit required for\nthe transferred individual to attain vested rights in the second\nretirement system shall be the same as the number of years of service\ncredit required, under applicable law, for vesting in the first\nretirement system.\n  2. In the event that an individual covered by this subdivision makes\napplication to retire from such second system prior to attaining the\namount of service credit that would otherwise be necessary to vest in\nsuch second retirement system, and such individual is otherwise eligible\nto retire from such second system, the application shall be granted, and\nbenefits shall be calculated pursuant to the applicable subdivisions of\nthis section on the basis of the actual amount of service credit the\nindividual has accrued at the time of retirement. Transferred service\ncredit shall not be creditable under any plan in the second retirement\nsystem that it would not otherwise be creditable under.\n  h. Notwithstanding any other provision of law to the contrary, with\nrespect to transfers pursuant to this section which occur on or after\nthe effective date of the chapter of the laws of two thousand\ntwenty-three that amended this subdivision, no determination of a\nreserve pursuant to subdivision c of this section or transfer thereof\npursuant to the first sentence of subdivision d of this section shall be\nrequired in the case of any transfer pursuant to this section (other\nthan a transfer from the New York state and local police and fire\nretirement system to either (1) the New York city police department\nsubchapter two pension fund, (2) the New York city fire department\nsubchapter two pension fund or (3) the MTA police retirement program or\na transfer from either (i) the New York city police department\nsubchapter two pension fund or (ii) the New York city fire department\nsubchapter two pension fund to either (A) the New York state and local\npolice and fire retirement system or (B) the MTA police retirement\nprogram or a transfer from the MTA police retirement program to the New\nYork state and local police and fire retirement system) in the case of a\nmember with less than ten years of credited service with the\ntransferring retirement system at the time the transfer is initiated.\nWith respect to transfers pursuant to such subdivisions which occur on\nor after the effective date of the chapter of the laws of two thousand\ntwenty-three that amended this subdivision, the transfer of a pension\nreserve shall be required when the member is transferring ten or more\nyears of credited service from a public retirement system of the state\nto any other public retirement system of the state, excluding any\ntransfers within and between the New York city employees' retirement\nsystem, the New York city teachers' retirement system and the New York\ncity board of education retirement system. For the purpose of giving the\ntransferring member such status and crediting such service in the second\nretirement system as such member was allowed in the first retirement\nsystem in those cases to which this subdivision shall apply, the\ntransfer shall be deemed complete upon receipt by the second retirement\nsystem of:\n  1. a statement from the first retirement system of the transferring\nmember's date of membership in the first retirement system, tier status,\nservice credited to such membership being transferred, and such other\ninformation as the second retirement system may require to effectuate\nthe transfer;\n  2. such member's accumulated contributions from the first retirement\nsystem, if same had not been previously withdrawn, or notice from the\nfirst retirement system that such member had no accumulated\ncontributions, or notice from the first retirement system that such\nmember's accumulated contributions had been withdrawn and the amount\nthereof and, as applicable, receipt from such member of such member's\naccumulated contributions and interest; and\n  3. the pension reserve in the case of a member who transfers in ten or\nmore years of credited service, except when transferring within and\nbetween the New York city employees' retirement system, the New York\ncity teachers' retirement system and the New York city board of\neducation retirement system.\n  i. 1. Notwithstanding any other law, rule or regulation to the\ncontrary, for any police officer employed by the division of law\nenforcement in the department of environmental protection in the city of\nNew York transferring from the New York city employees' retirement\nsystem to the New York state and local police and fire retirement system\nafter the effective date of this subdivision and any police officer\nformerly employed by the division of law enforcement in the department\nof environmental protection in the city of New York having made such\ntransfer, such police officer's division of law enforcement in the\ndepartment of environmental protection in the city of New York service\ncredit shall be deemed creditable service, in such police officer's\ntwenty year or twenty-five year retirement plan, if such police officer\nhas served for at least two years in such employment and if, within one\nyear of the date on which he or she first became a member of the New\nYork state and local police and fire retirement system or within one\nyear of the effective date of this subdivision, such member elects to do\nso.\n  2. The amount of such service credited to the member in the New York\nstate and local police and fire retirement system plan shall not exceed\nthe amount of service credited to the member in the New York city\nemployees' retirement system plan.\n  3. If the member subsequently retires on an age-based retirement plan\nin the New York state and local police and fire retirement system\ninstead of a twenty year or twenty-five year plan, the full amount of\nservice credit earned, as a police officer employed by the division of\nlaw enforcement in the department of environmental protection in the\ncity of New York shall be granted.\n  4. In no event shall the division of law enforcement in the department\nof environmental protection in the city of New York service credited to\na member of the New York state and local police and fire retirement\nsystem pursuant to this subdivision exceed a total of ten years.\n  5. Notwithstanding any other provision of law in this section to the\ncontrary, the reserve on such member's benefits shall be transferred\nfrom the New York city employees' retirement system to the New York\nstate and local police and fire retirement system in accordance with\nsubdivisions c and d of this section.\n  6. No member who receives service credit pursuant to this subdivision\nshall be eligible to receive additional service credit pursuant to\nsubdivision b of section three hundred eighty-four-e of this article if\nhis or her employer has elected to provide such service credit.\n
N.Y. EDN Law § 5002 — New York Code / Act EDN / Title 6 / Article 101 / Section 5002
Standards for licensed private career schools
Status: in_force

§ 5002. Standards for licensed private career schools. Any school\nlicensed pursuant to section five thousand one of this article shall be\norganized and conducted only as a school and shall be subject to the\njurisdiction of the department exclusively, or in conjunction with such\nother state agency or department or district attorney upon which\njurisdiction has also been conferred by law. Such schools shall be\nsubject to and comply with the provisions of this section.\n  1. Standards. a. No program of such schools shall be conducted in a\nfactory or commercial establishment, except where the use of facilities\nor equipment of such factory or commercial establishment is permitted\nfor necessary or desirable educational purposes and objectives.\n  b. For every such school, the commissioner shall set forth in\nregulation standards governing all of the following:\n  (1) criteria for admission, which shall provide that students at least\npossess a high school diploma or its equivalent or demonstrate the\nability to benefit from the instruction, except that in the case of\nstudents who do not possess a high school diploma or its equivalent,\ncertification of the students' ability to benefit from instruction shall\nbe provided to the commissioner as provided in paragraph c of this\nsubdivision;\n  (2) the standards and the methods of instruction;\n  (3) the equipment available for instruction with the maximum\nenrollment that such equipment and physical plant will accommodate;\n  (4) the qualifications and experience of teaching and management\npersonnel;\n  (5) the form and content of the student enrollment agreement or\ncontract, provided that such agreement or contract shall be written in\nthe same language as that principally used in the sales presentation;\n  (6) the methods of collecting tuition;\n  (7) eligibility criteria for programs that will require licensure;\n  (8) the sufficiency and suitability of the resources available for the\nsupport of such school; and\n  (9) counseling provided to students.\n  b-1. (1) Student loans or other financial aid funds received from\nfederal, state, or local governments or administered under the federal\nstudent financial assistance programs governed by Title IV of the Higher\nEducation Act of nineteen hundred sixty-five, 20 U.S.C. section 1070 et\nseq., as amended, must be collected and applied in the manner as\ncontrolled by the applicable federal, state or local regulations.\n  (2) Student loans or other financial aid funds received from private\nentities, including, but not limited to, banks, financing companies, and\nother lending sources must be collected or disbursed in the following\nmanner:\n  (A) Loans or other financial aid payments for amounts of five thousand\ndollars or less may be disbursed as a single disbursement, regardless of\ncourse length.\n  (B) Loans or other financial aid payments for amounts greater than\nfive thousand dollars that reflect a class term of less than six months\nshall have two equal disbursements. The disbursement schedule for such\nloans or payments shall be as follows: one-half of the tuition amount\nreleased initially, and the remainder released halfway through the\ncourse term.\n  (C) Loans or other financial aid payments for amounts greater than\nfive thousand dollars that reflect a class term of greater than six\nmonths, but less than twelve months must have three equal disbursements.\nThe disbursement schedule for such loans or payments shall be as\nfollows:  one-third of the tuition amount released initially, the second\ndisbursement shall be released one-third of the way through the length\nof the training, and the remainder released two-thirds of the way\nthrough the course term.\n  (D) Loans of other financial aid payments for amounts greater than\nfive thousand dollars that reflect a class term greater than twelve\nmonths shall have four equal disbursements. The disbursement schedule\nfor such loans or payments shall be as follows: one-quarter of the\ntuition amount released initially, the second disbursement shall be\nreleased one quarter of the way through the length of the training; the\nthird disbursement shall be released halfway through the length of the\ntraining, and the remainder shall be released three-quarters of the way\nthrough the training.\n  (3) No school may enter into any contract or agreement with or receive\nany students loan or financial aid funds from private entities,\nincluding, but not limited to, banks, financing companies, and any other\nprivate lending sources unless the private entity has a disbursement\npolicy that, at a minimum, meets the requirements of subparagraph two of\nthis paragraph.\n  (4) The term private entity referenced in subparagraphs two and three\nof this paragraph shall not be construed to include a friend or family\nmember of the student who is not in the routine business of providing\nstudent loans or financial aid funds. The provision of such a loan or\nfund by a private entity shall also not include the payment of the\nstudent's tuition or fees by use of a credit card.\n  c. Notwithstanding any other provisions of this article to the\ncontrary, the commissioner shall define alternative educational and\ncurriculum standards for any program of less than forty hours designed\nexclusively for non-occupational, personal enrichment purposes.\n  d. Admission of students under the ability to benefit provision.\n  (1) Certification. Each school admitting students who do not possess\nat least a high school diploma or its equivalent shall certify to the\nsatisfaction of the commissioner that such prospective students have\nbeen administered and passed an examination which has been approved by\nthe commissioner to determine their ability to benefit from the chosen\ncurriculum prior to admission to the curriculum or course of study. Such\nexamination shall, whenever possible, be a nationally recognized test\nappropriate for the course of instruction which has been approved by the\ncommissioner. The examination results of each such student who is\nadmitted shall be made available to the commissioner at a time\nprescribed by the commissioner and, together with the student's original\nanswer sheet, shall be maintained by the school in the student's\npermanent record. For any student failing to achieve the necessary score\non such examination for enrollment, the school shall be required to\nprovide such student with a listing of appropriate counseling and\neducational opportunities available to the student at no cost, as\ndetermined by the commissioner. Where appropriate, the commissioner may\naccept such other entrance requirement documentation such as\nprerequisite coursework, professional or vendor certifications, personal\ninterviews, and/or attestations of equivalent knowledge in lieu of the\nexamination requirement.\n  (2) Counseling. Each school offering curricula which admit students\nwho do not possess a high school diploma or its equivalent shall develop\na plan to be approved by the commissioner for the counseling of such\nstudents on an individual basis on matters including but not limited to\nthe student's ability to progress in the curriculum, the student's\nfinancial aid rights and responsibilities, the availability of programs\nto earn a high school equivalency diploma, including programs provided\nat no cost to the student, and the potential of the training to prepare\nthe student for available employment opportunities within the region.\n  (3) Compliance. (A) The commissioner shall monitor compliance with\nthis paragraph and verify the examination and counseling process and\nstudent examination scores. Such procedures may include but not be\nlimited to an annual, statistically significant, random sampling of the\nexaminations taken by prospective students of each school administering\nsuch examinations.\n  (B) In the event that the commissioner determines that the school is\nout of compliance with the examination process and counseling, the\ncommissioner shall require that examinations and counseling for students\nadmitted under the ability to benefit provision and the counseling\nrequired by subparagraph two of this paragraph be conducted off the\npremises of the school by an entity approved by the commissioner for\nsuch period of time as the commissioner deems appropriate, the cost of\nwhich shall be incurred by the school.\n  2. Inspections. a. Every school licensed pursuant to this article\nshall maintain adequate and accurate records for a period of not less\nthan seven years at its principal place of business within this state.\nSuch records shall be maintained in a manner and form prescribed by the\ncommissioner and shall be made available to the department and the\nhigher education services corporation upon request.\n  b. In addition to other requirements in this article, the information\nto be made a part of the record shall include, but not be limited to:\n  (1) names and addresses of each enrolled student;\n  (2) the course of study offered by the institution;\n  (3) the name and address of its faculty, together with a record of the\neducational qualifications of each;\n  (4) the graduation date of each student; and\n  (5) for each student who fails to complete his or her program, the\nstudent's last date of attendance and, if applicable, the amount of any\nrefund paid to, or on behalf of, the student and the date the refund was\nmade.\n  c. The commissioner shall conduct periodic unscheduled inspections of\nlicensed private career schools to monitor compliance with the\nprovisions of this article or the rules or regulations promulgated\nthereunder or any final order or decision of the commissioner made\npursuant to this article. The department shall conduct an inspection of\neach school at least once every licensure period. All schools shall\nprovide upon request of the department, any and all records necessary to\nreview compliance with the provisions of this article.\n  d. Student permanent records, as defined in the regulations of the\ncommissioner, shall be maintained for a period of twenty years.\n  3. Tuition liability. a. The tuition charge for programs approved for\nparticipation in student financial aid general award programs pursuant\nto articles thirteen and fourteen of this chapter shall be apportioned\non the basis of terms, quarters or semesters. For the purposes of this\nsection, the terms "term", "quarter" and "semester" shall be defined in\nregulations by the commissioner.\n  b. The tuition refund policy for the first term or quarter of any\nprogram at schools licensed pursuant to section five thousand one of\nthis article shall be as follows:\n  (1) For programs which are divided into quarters of up to fourteen\nweeks, the school shall evenly divide the total tuition charges among\nthe number of quarters. After instruction is begun in a school, if a\nstudent withdraws or is discontinued, the school may retain no more\nthan:\n  (i) zero percent of the quarter's tuition if the termination is during\nthe first week of instruction; or\n  (ii) twenty-five percent of the quarter's tuition if the termination\nis during the second week of instruction; or\n  (iii) fifty percent of the quarter's tuition if the termination is\nduring the third week of instruction; or\n  (iv) seventy-five percent of the quarter's tuition if the termination\nis during the fourth week of instruction; or\n  (v) one hundred percent of the quarter's tuition if the termination\noccurs after the fourth week of instruction.\n  (2) For programs organized by terms of fifteen, sixteen, seventeen or\neighteen weeks apiece, the school shall evenly divide the total tuition\ncharges among the number of terms. After instruction is begun in a\nschool, if a student withdraws or is discontinued, the school may retain\nno more than:\n  (i) zero percent of the term's tuition if the termination is during\nthe first week of instruction; or\n  (ii) twenty percent of the term's tuition if the termination is during\nthe second week of instruction; or\n  (iii) thirty-five percent of the term's tuition if the termination is\nduring the third week of instruction; or\n  (iv) fifty percent of the term's tuition if the termination is during\nthe fourth week of instruction; or\n  (v) seventy percent of the term's tuition if the termination is during\nthe fifth week of instruction; or\n  (vi) one hundred percent of the term's tuition if the termination\noccurs after the completion of the fifth week of instruction.\n  c. (1) The tuition refund policy for the second term or quarter of any\nprogram at schools licensed pursuant to section five thousand one of\nthis article shall be as follows:\n  (A) For programs which are divided into quarters of up to fourteen\nweeks, the school shall evenly divide the total tuition charges among\nthe number of quarters. After instruction is begun in a school, if a\nstudent withdraws or is discontinued, the school may retain no more\nthan:\n  (i) twenty-five percent of the quarter's tuition if the termination is\nduring the first week of instruction; or\n  (ii) fifty percent of the quarter's tuition if the termination is\nduring the second week of instruction; or\n  (iii) seventy-five percent of the quarter's tuition if the termination\nis during the third week of instruction; or\n  (iv) one hundred percent of the quarter's tuition if the termination\noccurs after the third week of instruction.\n  (B) For programs organized by terms of fifteen, sixteen, seventeen or\neighteen weeks apiece, the school shall evenly divide the total tuition\ncharges among the number of terms. After instruction is begun in a\nschool, if a student withdraws or is discontinued, the school may retain\nno more than:\n  (i) twenty percent of the term's tuition if the termination is during\nthe first week of instruction; or\n  (ii) thirty-five percent of the term's tuition if the termination is\nduring the second week of instruction; or\n  (iii) fifty percent of the term's tuition if the termination is during\nthe third week of instruction; or\n  (iv) seventy percent of the term's tuition if the termination is\nduring the fourth week of instruction; or\n  (v) one hundred percent of the term's tuition if the termination\noccurs after the completion of the fourth week of instruction.\n  (2) Notwithstanding the provisions of subparagraph one of this\nparagraph, the tuition refund policy set forth in paragraph b of this\nsubdivision shall apply unless the school demonstrates that there are no\nsignificant educational changes in the educational program of the\nstudent, such changes as defined in regulations of the commissioner.\n  d. The tuition refund policy for the third and any subsequent term or\nquarter of any program licensed pursuant to section five thousand one of\nthis article shall be the policy set forth in subparagraph one of\nparagraph c of this subdivision.\n  e. No program shall have a term in excess of eighteen weeks.\n  f. The amount of the refund shall be calculated based on the last day\nof student attendance.\n  g. (1) Any refund due to a student shall be paid by the school within\nforty-five days of the date on which the student withdraws from the\nprogram. For the purposes of this article, such date shall be the\nearliest of (i) the date on which the student gives written notice to\nthe school or (ii) the date on which the student is deemed to have\nwithdrawn pursuant to subparagraph two of this paragraph.\n  (2) If a student has failed to attend classes for a period of thirty\ncalendar days, the school shall send by regular mail a notice to the\nstudent that the student shall be deemed to have withdrawn from the\nprogram if the student does not notify the school to the contrary within\ntwelve days from the date on which the letter is sent. If the student\nfails to respond within such twelve-day period, the student shall be\ndeemed to have withdrawn and the school shall notify the higher\neducation services corporation that the student has withdrawn and the\ndate of the withdrawal.\n  h. Schools shall submit, for approval by the commissioner, the school\ncatalog with a weekly tuition liability chart for each program that\nindicates the amount of refund due the student in the event of\nwithdrawal.\n  i. Upon payment of a refund to a lender, the school shall forthwith\nsend a notice to a person designated by the president of the higher\neducation services corporation upon a form approved by the president\nthat such refund was made.\n  j. If the higher education services corporation fails to receive the\nnotice required by paragraph i of this subdivision, it shall forthwith\nnotify the student of his or her right to a refund and the commissioner\nof such failure. Upon receipt of such notification, the commissioner\nshall take appropriate action against the school.\n  4. Curriculum approval. a. An application and fee shall be made for\nthe initial approval of a curriculum or course and shall include such\ninformation as the commissioner may require by regulation. Approval\nshall be valid for a period not to exceed four years. The application\nfee for any curriculum of one hundred clock hours or more shall be two\nhundred fifty dollars. The application fee for any course of less than\none hundred clock hours shall be one hundred dollars. Such application\nfees shall accrue to the credit of the proprietary vocational school\nsupervision account.\n  b. In approving curriculum, the commissioner shall take into\nconsideration the following:\n  (1) that the entrance requirements demonstrate that students possess\nthe skills, competencies and prerequisite knowledge needed to progress\nin the curriculum;\n  (2) that the content will enable the student to develop those skills\nand competencies required for employment in the occupational area for\nwhich the curriculum was developed;\n  (3) that the school will utilize appropriate instructional methods;\n  (4) that the instructional equipment used within the curriculum is\ncomparable to the equipment currently used by business or industry in\nthe occupational area for which the curriculum was developed; and\n  (5) that a curriculum may include instruction in English as a second\nlanguage at a beginning or basic level, provided such instruction shall\nnot constitute more than fifty percent of such program.\n  c. (1) If the evaluation of a particular course or facility requires\nthe services of an expert not employed by the department, the department\nshall retain such expert at the school's expense in addition to the\napplication fees prescribed in paragraph a of this subdivision.\n  (2) If, in the interest of expediting the approvals, a school requests\nthe department to employ an outside consultant, the school shall pay the\ncost of such services in addition to the application fees prescribed in\nparagraph a of this subdivision.\n  d. The commissioner shall act on applications for approval of a course\nor curriculum within one hundred twenty days of receipt of a complete\napplication and, in the case of a denial, shall set forth in writing the\nreasons for such denial.\n  e. Notwithstanding paragraphs b, c and d of this subdivision,\ncurriculum certified by a nationally recognized vendor as defined in\ncommissioner's regulations shall be recognized by the department in lieu\nof an expert evaluation when such curriculum is adopted by a school in\nthe original format provided by the vendor as long as the proposed\ncurriculum is a stand alone program and not part of a larger\ncomprehensive course.\n  f. Notwithstanding any other provision of the law, a not-for-profit\nlicensed career school, that is eligible for participation in the\ntuition assistance program and which has national accreditation, may,\nfor the purpose of calculation of federal financial aid amounts only,\nmeasure students' academic progress in an approved curriculum in\nnon-degree granting credit hours, based upon a national accrediting\nagency's conversion and approval of clock hours to non-degree credit\nhours. For the purposes of this paragraph, "national accreditation"\nshall mean accreditation by a national accrediting agency as defined in\nthe commissioner's regulations.\n  5. Application for reapproval. a. An application and fee shall be made\nfor reapproval of a curriculum or course. Such application shall be\nconsidered timely if submitted at least one hundred twenty days prior to\nthe expiration of the current approval. The application fee for any\ncurriculum of one hundred clock hours or more shall be two hundred fifty\ndollars. The application fee for any course of less than one hundred\nclock hours shall be one hundred dollars, provided that no fee shall be\nassessed for the submission of a reapproval application without change.\nSuch application fee shall accrue to the credit of the proprietary\nvocational school supervision account.\n  b. Curriculum reapproval standards. (1) The commissioner shall pre-\nscribe by regulation, standards for reapproval after the first year of\nlicensure, of any curriculum or course based upon factors including but\nnot limited to the following, as appropriate:\n  (i) for each curriculum or course, the percentage of students who have\ndropped out;\n  (ii) the acquisition of a specified minimum level of skills by the\nstudents; and\n  (iii) for each curriculum or course, the percentage of students placed\nin occupations related to the instruction, where applicable.\n  (2) Such standards shall be consistent with those applied to all\nnon-degree career education programs.\n  c. Reapproval contingency. Reapproval of a curriculum or course shall\nbe contingent upon a demonstration by the applicant that the curriculum\nor course has met the curriculum reapproval standards set forth in this\nsubdivision. Except as otherwise provided in paragraph d of this\nsubdivision, no such curriculum or course or substantially similar\ncurriculum or course may be given without reapproval by the\ncommissioner.\n  d. When timely and complete application is made for the reapproval of\na curriculum or course, and no written denial is made thirty days prior\nto the date of expiration of the existing approval, the curriculum or\ncourse shall be deemed to be approved for the period of the curriculum.\nIf the application is denied, the commissioner shall set forth in\nwriting the reasons for such denial.\n  e. The commissioner may provide in regulations for reapproval\nprocedures, consistent with this subdivision, for applications submitted\nless than one hundred twenty days from the expiration date.\n  f. The commissioner shall act upon enrollment agreements and catalogs\nwithin ninety days of receipt, and, in the case of denial, shall set\nforth in writing the reasons for such denial. If the commissioner fails\nto act within ninety days, a catalog shall be deemed approved for one\nyear and an enrollment agreement shall be deemed approved until the\ncommissioner acts upon it.\n  6. a. Teachers and directors. No person shall be employed by a private\ncareer school as a director or teacher who is not licensed in such\ncapacity by the department pursuant to regulations of the commissioner,\nwhich shall take into consideration such factors as moral character,\neducational qualifications and practical experience. The application\nshall include a statement, signed by the president or chief executive\nofficer of the school, certifying that to the best of his or her\nknowledge, the applicant is able to meet the educational qualifications\nand practical experience set forth in the commissioner's regulations.\nSuch application shall be considered timely if mailed to the\ncommissioner and postmarked four days prior to employment at the school\nand must be completed within twenty days thereafter; provided, however,\nthat the commissioner may, for good cause shown, extend the time within\nwhich to complete the application. When a complete application is made,\nthe commissioner shall act upon such application within thirty days. If\nno written denial is made within the thirty days, the application shall\nbe deemed to be approved until the commissioner acts upon it or until\nthe end of the term or semester, whichever occurs first. If a written\ndenial is made after the thirty day period, the commissioner may allow\nthe applicant to teach at the school for the remainder of the term or\nsemester if the commissioner determines that the removal of the teacher\nwould not be in the best educational interest of the students. This\nsubdivision shall not apply to directors or teachers employed on or\nbefore July first, nineteen hundred seventy-two. Teachers' licenses\nissued on or after the effective date of the chapter of the laws of two\nthousand twelve which amended this paragraph shall be valid at all\nlicensed private career schools for the courses, curricula, or\noccupations indicated on the license. Teachers holding valid private\nschool teacher licenses valid at only one school location shall have\nthem replaced, at no cost, with licenses valid at any licensed school in\nthe same subject or subjects and with the same expiration date as was\nlisted on the previous teaching license.\n  b. A school director shall have access to all student and school\nrecords which shall be maintained in accordance with this article and\nthe regulations of the commissioner and shall make such records\navailable to the commissioner or the commissioner's designee upon\nrequest during an on-site school inspection.\n  c. Notwithstanding paragraph a of this subdivision, a teacher who has\nbeen certified as an instructor by a nationally recognized vendor as\ndefined in commissioner's regulations may be deemed qualified as an\ninstructor by the department, provided such teacher shall only provide\ninstruction in the course or courses for which he or she holds vendor's\ncertification. A teacher authorized by this paragraph will be subject to\nall licensing fees required by the department for licensed teachers.\n  7. Advertising. a. The commissioner is authorized to commence a\ndisciplinary proceeding pursuant to this article for false, misleading,\ndeceptive or fraudulent advertising pursuant to regulations promulgated\nby the commissioner which shall be consistent with article twenty-two-A\nof the general business law. The department shall issue guidelines as to\nappropriate advertising content. In developing such guidelines, the\ndepartment shall consider advertising for similar programs offered by\nvarious educational institutions. In a disciplinary action or other\nproceeding, such guidelines shall not be presumptive evidence that\nparticular advertising is appropriate.\n  b. Beginning on January first, two thousand, all schools shall include\nin their advertising, promotional material, or letterhead the statement\n"Licensed by the State of New York", and an accompanying symbol to\nindicate such status, issued by the commissioner pursuant to section\nfive thousand nine of this article.\n  8. The higher education services corporation shall adopt rules and\nregulations to effectuate the cessation of collection activities by\nlenders or by the corporation in cases in which a licensed private\ncareer school at which the student enrolled has closed or ceased its\nteaching activities during the academic period for which the loan was\nmade or guaranteed.\n
N.Y. PBA Law § 1149-G — New York Code / Act PBA / Article 5 / Title 6-E / Section 1149-G
Bonds of the authority
Status: in_force

§ 1149-g. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue bonds in\nconformance with the applicable provisions of the uniform commercial\ncode in such principal amounts as it may determine to be necessary to\npay the cost of any water project or projects or for any other corporate\npurposes, including incidental expenses in connection therewith.\n  The authority shall have power from time to time to refund any bonds\nby the issuance of new bonds whether the bonds to be refunded have or\nhave not matured, and may issue bonds partly to refund bonds then\noutstanding and partly for any other corporate purpose.\n  Bonds issued by the authority shall be special obligations payable\nsolely out of particular revenues or other moneys of the authority as\nmay be designated in the proceedings of the authority under which the\nbonds shall be authorized to be issued, subject to any agreements with\nthe holders of outstanding bonds pledging particular revenues or moneys.\n  2. The authority is authorized to obtain from any department or agency\nof the United States of America of the state or nongovernmental insurer\nor financial institution any insurance, guaranty, or other credit\nenhancement arrangement, to the extent now or hereafter available, as\nto, or for the payment or repayment of interest or principal, or both,\nor any part thereof, on any bonds or notes issued by the authority and\nto enter into any agreement or contract with respect to such insurance,\nguaranty or credit enhancement arrangement, except to the extent that\nthe same would in any way impair or interfere with the ability of the\nauthority to perform and fulfill the terms of any agreement made with\nthe holder of the bonds or notes of the authority.\n  3. Bonds shall be authorized by resolution of the authority, and may\nbe in such denominations and bear such date or dates and mature at such\ntime or times as such resolution may provide, except that bonds and\nrenewals thereof shall mature within forty years from the date their\noriginal issuance and notes and any renewals thereof shall mature within\nfive years from the date of their original issuance. Such bonds shall be\nsubject to such terms of redemption, bear interest at such rate or\nrates, which may vary from time to time, as may be necessary to effect\nthe sale thereof and shall be payable at such times, be in such form,\ncarry such registration privileges, be executed in such manner, be\npayable in such medium of payment at such place or places, and be\nsubject to such terms and conditions as such resolution may provide.\n  Bonds may be sold at public sale or at private sale for such price or\nprices as the authority shall determine, provided that no issue of bonds\nmay be sold by the authority at private sale unless such sale and the\nterms thereof have been approved in writing by the comptroller, where\nsuch sale is not to the comptroller, or by the state director of the\nbudget, where such sale is to be to the comptroller.\n  4. Any resolution or resolutions authorizing bonds or any issue of\nbonds by the authority may contain provisions which may be part of the\ncontract with the holders of the bonds thereby authorized as to:\n  (a) pledging all or part of its revenues, together with any other\nmoneys, or property of the authority, to secure the payment of the\nbonds, including but not limited to any contracts, earnings or proceeds\nof any grant to the authority received from any private or public\nsource, subject to such agreements with bondholders as may then exist;\n  (b) the rates, rentals, fees and other charges to be fixed and\ncollected by the authority and the amounts to be raised in each year\nthereby, and the use and disposition of revenues;\n  (c) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (d) limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (e) limitations on the right of the authority to restrict and regulate\nthe use of any water project or part thereof in connection with which\nbonds are issued;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, including the proportion of\nbondholders which must consent thereto, and the manner in which such\nconsent may be given;\n  (h) the creation of special funds into which any revenues or other\nmoneys may be deposited;\n  (i) the terms and provisions of any trust, deed, mortgage or indenture\nsecuring the bonds under which the bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine, which may include\nany or all of the rights, powers and duties of the trustee appointed by\nthe bondholders pursuant to applicable sections of this title and\nlimiting or abrogating the rights of the bondholders to appoint a\ntrustee under such section or limiting the rights, duties and powers of\nsuch trustee;\n  (k) defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right the\nappointment of a receiver, provided, however, that such rights and\nremedies shall not be inconsistent with the general laws of the state\nand other provisions of this title;\n  (l) limitations on the power of the authority to sell or otherwise\ndispose of any water facility or any part thereof or other property;\n  (m) limitations on the amount of revenues and other moneys to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (n) the protection and enforcement of the rights and remedies of the\nbondholders;\n  (o) the obligations of the authority in relation to the construction,\nmaintenance, operation, repairs and insurance of its properties, the\nsafeguarding and application of all moneys and as to the requirements\nfor the supervision and approval of consulting engineers in connection\nwith construction, reconstruction and operation;\n  (p) the payment of the proceeds of bonds, revenues and other moneys to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the authority may\ndetermine; and\n  (q) any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of bondholders.\n  5. In addition to the powers herein conferred upon the authority to\nsecure its bonds, the authority shall have power in connection with the\nissuance of bonds to enter into such agreements as the authority may\ndeem necessary, convenient or desirable concerning the use or\ndisposition of its revenues or other moneys or property, including\nremarketing agreements or other similar agreements for the bonds, the\nmortgaging of any property and the entrusting, pledging or creation of\nany other security interest in any such revenues, moneys, or property\nand the doing of any act, including refraining from doing any act, which\nthe authority would have the right to do in the absence of such\nagreements.\n  The authority shall have power to enter into amendments of any such\nagreements within the powers granted to the authority by this title and\nto perform such agreements. The provisions of any such agreements may be\nmade a part of the contract with the holders of bonds of the authority.\n  6. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmoneys, accounts, contract rights, general intangibles or other personal\nproperty made or created by the authority shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created nor\nany financing statement need be recorded or filed.\n  7. Whether or not the bonds of the authority are of such form and\ncharacter as to be negotiable instruments under the terms of the uniform\ncommercial code, the bonds are hereby made negotiable instruments within\nthe meaning of and for all purposes of the uniform commercial code,\nsubject only to the provisions of the bonds for registration.\n  8. Neither the members nor the officers of the authority nor any\nperson executing bonds shall be liable personally thereon or be subject\nto any personal liability or accountability by reason of the issuance\nthereof.\n  9. The authority, subject to such agreements with bondholders as then\nmay exist, shall have power out of any moneys available therefor to\npurchase bonds of the authority in lieu of redemption, at a price not\nexceeding:\n  (a) if the bonds are then redeemable, the redemption price then\napplicable, plus accrued interest to the next interest payment date;\n  (b) if the bonds are not then redeemable, the redemption price then\napplicable on the first date after such purchase upon which the bonds\nbecome subject to redemption plus accrued interest to the next interest\npayment date.\n  10. The authority shall have power and is hereby authorized to 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 note.\n  Such notes shall be paid from any moneys of the authority available\ntherefor and not otherwise pledged or from the proceeds of sale of the\nbonds of the authority in anticipation of which they were issued. The\nnotes shall be issued in the same manner as bonds and such notes and the\nresolution or resolutions authorizing the same may contain any\nprovisions, conditions or limitations which the bonds or bond resolution\nof the authority may contain. Such notes may be sold at public sale or,\nupon the approval of the comptroller of the terms thereof, at private\nsale. Such notes shall be as fully negotiable as the bonds of the\nauthority.\n
N.Y. PBA Law § 1115-AA — New York Code / Act PBA / Article 5 / Title 6 / Section 1115-AA
Separability
Status: in_force

§ 1115-aa. Separability. If any section, clause or provision in this\ntitle shall be held by a competent court to be unconstitutional or\nineffective in whole or in part, to the extent that it is not\nunconstitutional or ineffective, it shall be valid and effective, and no\nother section, clause or provision shall on account thereof be deemed\ninvalid or ineffective.\n
N.Y. EDN Law § 4101 — New York Code / Act EDN / Title 6 / Article 83 / Section 4101
Duties of commissioner regarding Indian children
Status: in_force

§ 4101. Duties of commissioner regarding Indian children. 1. The\ncommissioner of education shall establish schools in such places and\nmaintain such courses of instruction therein for the education of the\nIndian children of the state as he or she shall deem necessary. He or\nshe shall have general supervision of such education and shall cause to\nbe erected where necessary convenient and suitable school buildings for\nthe accommodation of all the Indian children of the state.\n  2. Notwithstanding any other provision of law, rule or regulation to\nthe contrary, the commissioner in his or her discretion may, instead of\nestablishing schools and maintaining courses of instruction therein for\nthe education of the Indian children of the state, contract, for a\nperiod of up to ten years, with any school district for the education of\nsuch Indian children. The consideration for any such contract shall not\nexceed the total cost to the school district of the education of Indian\nchildren pursuant to such contract, less any public moneys received by\nthe school district by reason of the attendance of such Indian children\nin regular day school, except any public moneys received by the district\nas a building quota pursuant to the provisions of subdivision six-a of\nsection thirty-six hundred two of this chapter. The commissioner of\ntaxation and finance shall pay on the warrant of the comptroller bills,\nfor the costs and expenses attending such contract, approved by the\ncommissioner of education from the appropriation for the support and\neducation of Indian children. In carrying out the provisions of this\narticle the commissioner, notwithstanding any other provision of law,\nmay lease any school ground, site or building established for a\nreservation and owned by the state of New York to any school district\nupon such terms and conditions as he or she shall deem necessary,\nconvenient and proper. Nothing herein contained shall alter the title of\nthe Indians to their lands.\n  3. The commissioner of education shall also enforce this article and\npay from the funds set apart for Indian education any necessary expense\nincurred thereby.\n  4. Notwithstanding any other provision of law to the contrary, an\nIndian child who is resident of any portion of reservation located\nwholly or partly within the borders of the state shall be deemed an\nIndian child for the purposes of this article.\n
N.Y. PBA Law § 1142*2 — New York Code / Act PBA / Article 5 / Title 6-C* / Section 1142*2
Dutchess county water district
Status: in_force

* § 1142. Dutchess county water district. There is hereby defined and\nestablished an area to be known as the "Dutchess county water district"\nwhich shall embrace all the territory located within the county. After\nthe establishment of the Dutchess county water district, such district\nshall have such powers as are provided in and shall be governed in\naccordance with the provisions of article five-A of the county law,\nincluding, without limitation, the power to enter into contracts, and\ncarry out the terms thereof, with the city of New York, the New York\ncity municipal finance authority, New York city water board, or any\nagency or instrumentality thereof, for the purchase of water.\n  * NB There are 2 § 1142's\n
N.Y. EDN Law § 5001 — New York Code / Act EDN / Title 6 / Article 101 / Section 5001
Licensed private career schools
Status: in_force

§ 5001. Licensed private career schools. 1. Schools required to be\nlicensed. No private school which charges tuition or fees related to\ninstruction and which is not exempted hereunder shall be operated by any\nperson or persons, firm, corporation, or private organization for the\npurpose of teaching or giving instruction in any subject or subjects,\nunless it is licensed by the department. As used in this article:\n  a. "licensed private career school" or "licensed private school" shall\nmean any entity offering to instruct or teach any subject by any plan or\nmethod including written, visual or audio-visual methods, and shall\ninclude any institution licensed or registered as a registered business\nschool or computer training facility on the effective date of chapter\nthree hundred eighty-one of the laws of two thousand twelve. Following\nsuch effective date, there shall be no distinction between institutions\npreviously defined as "registered business schools" or "computer\ntraining facilities" and other licensed private schools, and any\nreference in law to a registered business school or computer training\nfacility shall be deemed a reference to a licensed private career\nschool. Institutions holding a valid business school registration on\nsuch effective date, including computer-training facilities, shall have\nsuch registrations replaced by the commissioner, at no cost, with\nlicenses valid until the expiration date listed on such previous\nregistration;\n  b. "certified English as a second language school" or "certified ESL\nschool" shall mean a language school conducted for-profit which provides\ninstruction in English as a second language and which accepts no public\nfunds and is certified pursuant to paragraph f of subdivision four of\nthis section; and\n  c. "online education marketplace" shall mean a website or other\ninternet-based online technology tool with which a licensed private\ncareer school or certified ESL school contracts for marketing or\nadvertising services, or services in connection with the collection of\ntuition and/or fees, to the extent authorized in subdivision three of\nsection five thousand four of this article.\n  2. Exempt schools. The following schools are exempted from the\nlicensing requirement of this section:\n  a. institutions authorized to confer degrees in this state;\n  b. schools providing kindergarten, nursery, elementary or secondary\neducation, except schools conducted for profit which provide instruction\nin English as a second language or preparation for high school\nequivalency examinations to out-of-school youth or adults;\n  c. schools operated by governmental agencies or authorities;\n  d. schools which engage exclusively in training of students with\ndisabilities as defined in section forty-four hundred one of this\nchapter;\n  e. schools conducted on a not-for-profit basis by firms or\norganizations for the training of their own employees only, provided\nthat such instruction is offered at no charge to such employees, or by a\nfraternal society or benevolent order for its members or their immediate\nrelatives only;\n  f. schools which provide instruction in the following subjects only:\nreligion, dancing, music, painting, drawing, sculpture, poetry, dramatic\nart, languages, reading comprehension, mathematics, recreation, yoga,\nmartial arts, pilates and athletics, including the training of students\nto teach such subjects, provided, however, that schools conducted for\nthe purpose of training personal trainers shall be excluded from this\nexemption and shall be required to obtain licensure;\n  g. schools in which the course of instruction is licensed, registered\nor approved under any other section of this chapter or by any other\ndepartment or agency of the state;\n  h. schools which provide instruction designed solely for giving flight\ntraining and/or related ground school instruction;\n  i. schools in which instruction designed solely to prepare applicants\nfor admission to professional licensing examinations administered by the\ndepartment pursuant to title eight of this chapter, and applicants for\nexamination for admission to the practice of law;\n  j. schools which offer continuing education courses exclusively for\nindividuals licensed by the department pursuant to title eight of this\nchapter and for individuals admitted to the practice of law;\n  k. schools which provide instruction given exclusively to employees of\na person or organization which has contracted with another person or\norganization to provide such instruction at no cost to the employees;\n  l. conferences, trade shows, workshops, seminars, institutes or\ncourses of study offered and sponsored either jointly or individually by\nrecognized trade, business or professional organizations for the benefit\nof their membership;\n  m. schools that limit their total conferences, trade shows, workshops,\nseminars, institutes or other course offerings to no more than twice in\none calendar year with each of those offerings for no more than five\ndays;\n  n. schools which provide instruction exclusively to persons employed\nfull-time or part-time in the field in which instruction is being\noffered, where the instruction is provided to meet continuing education\nstandards required for professional licensure as defined by law in this\nstate;\n  o. schools in candidacy status pursuant to subparagraph (iv) of\nparagraph b of subdivision four of this section; and\n  p. schools which provide instruction in photography exclusively for\nnon-occupational purposes.\n  2-a. Schools exempted pursuant to subdivision two of this section may\nwaive such exemption and apply for a license; provided, however, that\nthe review of such applications shall be left to the discretion of the\ncommissioner.\n  2-b. Programs offered by licensed private career schools to employees\nof a person or organization which has contracted with another person or\norganization to provide such instruction at no cost to the employees\nshall be exempt from the requirements of this article, provided that the\nfollowing requirements are met:\n  a. Only employees of the employer for which the program is being\noffered may enroll in classes that make up the program.\n  b. Certificates or diplomas awarded to students in the program may not\nreference in any way the department.\n  c. Prior to the commencement of the program, such schools shall submit\nto the department a disclosure form, prescribed by the commissioner,\ncopies of which shall be provided to all students in such exempt\nprogram, which shall include but not be limited to the following\ninformation:\n  (i) a description of the location and time period in which the program\nwill be offered;\n  (ii) a statement that the students enrolled in the program shall not\nbe subject to any tuition liability for the program, even if such\nstudents do not complete the program;\n  (iii) a statement that the program being provided to the employer has\nnot been approved by the department and is not under the department's\njurisdiction and that the students in the program have been advised of\nthe fact; and\n  (iv) the signatures of the school director or owner of the school and\nthe representative of the employer for which the program is being\noffered certifying the accuracy of the statements on the form.\n  d. Any additional student openings in a program deemed exempt by the\ndepartment may be made available to students not affiliated with the\nemployer on the condition that such students execute a disclosure form\nas prescribed in paragraph c of this subdivision. Such admitted students\nshall only constitute up to ten percent of the exempt program's total\ncapacity.\n  4. Application, renewal application and application fees. a.\nApplication and renewal application for a license as a private career\nschool required by the commissioner shall be filed on forms prescribed\nand provided by the department. Except as provided in subparagraph (iii)\nof paragraph e of this subdivision, each renewal application for a\nprivate career school licensed pursuant to this section shall include an\naudited financial statement audited according to generally accepted\nauditing standards by an independent certified public accountant or an\nindependent public accountant and statistical reports certified by the\nowner or operator of the school, as required by the commissioner;\nprovided, however, that the commissioner shall accept a copy of a\ncurrent financial statement previously filed by a school with any other\ngovernmental agency in compliance with the provisions of any federal or\nstate laws, or rules or regulations if such statement contains all of\nthe information required under this subdivision and conforms to this\nsubdivision's requirements of auditing, review and certification. Any\nrequired audit of the financial statement shall be a condition of\nlicensure and shall be paid for by the school, and the results of the\naudit shall be forwarded to the commissioner. Applications not\naccompanied by the audits and reports required pursuant to this\nsubdivision shall not be considered for approval by the commissioner.\nInitial applications shall be accompanied by financial reports as\nrequired by the commissioner. The applicant shall receive a written\napproval or denial together with the reasons for a denial of such\napplication.\n  b. (i) An initial license issued pursuant to the provisions of this\narticle shall be valid for a period of two years. A renewal of license\nissued pursuant to the provisions of this article shall be valid for a\nperiod of four years.\n  (ii) Every applicant and renewal applicant shall pay to the department\na nonrefundable, nontransferable application fee. The initial\napplication fee for new schools shall be five thousand dollars, of which\nthree thousand dollars shall accrue to the credit of the proprietary\nvocational school supervision account and two thousand dollars shall\naccrue to the tuition reimbursement account. For additional licensed\nlocations of currently operating schools, the application fee shall be\ntwo thousand five hundred dollars, which shall accrue to the credit of\nthe proprietary vocational school supervision account. For renewal\napplications, the fee shall be based on gross annual tuition income as\ndetermined by the annual financial statements required in paragraph a of\nthis subdivision for the most recent school fiscal year, according to\nthe following schedule:\n     GROSS ANNUAL TUITION INCOME           FEE\n     0-$199,999                            $   750.00\n     $200,000-$499,999                     $ 1,500.00\n     $500,000-$999,999                     $ 2,225.00\n     $1,000,000-$4,999,999                 $ 4,500.00\n     $5,000,000-$9,999,999                 $ 9,000.00\n     $10,000,000 or above                  $18,000.00\n  Such  renewal  fees  shall  accrue  to  the  credit of the proprietary\nvocational school supervision account. If the evaluation of a particular\ncourse or facility requires the services of an expert  not  employed  by\nthe  department,  the department shall retain such expert and the school\nshall reimburse the department for the reasonable cost of such services.\n  (iii) Each school shall display, near the entrance to the school, the\nlicense which has been issued to it. Such authorization shall be\ndisplayed only during the period of its validity.\n  c. An application for renewal of any license shall be submitted at\nleast one hundred twenty days prior to the expiration date of the\ncurrent authorization to operate accompanied by the nonrefundable\napplication fee and such certified statistical reports and annual\nfinancial statements required pursuant to this subdivision.\n  d. When complete and timely application has been made for renewal of\nany license, the school shall receive a written approval or denial,\ntogether with the reasons for denial of renewal, from the commissioner\nno less than thirty days prior to the date such license expires.\n  e. Financial statements and statistical reports. (i) Licensed private\ncareer schools and candidate schools shall submit such certified\nstatistical reports and annual financial statements as required by the\ncommissioner. The commissioner may require audited statistical reports\nupon a determination that a school has provided false or inaccurate\ncertified statistical reports. The financial statements shall be based\non the fiscal year of the school and shall also include an itemized\naccount of tuition refunds due and owing to past or presently enrolled\nstudents. Statistical reports shall include, but not be limited to,\nenrollment, completion and placement data. The commissioner shall use\nsuch financial statements and statistical reports submitted for the\npurposes of licensure of schools, establishing fees or assessments\npursuant to this article and determining standards pursuant to paragraph\nb of subdivision five of section five thousand two of this article. The\nattorney general, the comptroller and the president of the higher\neducation services corporation shall have access to this information\nwhen it is necessary to perform their duties as required by state law.\n  (ii) Any school which received five hundred thousand dollars or more\nin gross tuition in a school fiscal year shall be required to submit to\nthe commissioner an annual audited financial statement prepared in\naccordance with generally accepted accounting principles for that fiscal\nyear. In addition, any school which has a gross tuition of less than\nfive hundred thousand dollars in a school fiscal year but whose combined\nstate and federal student financial aid in such year equals one hundred\nthousand dollars or more shall also submit an annual audited financial\nstatement to the commissioner for that fiscal year.\n  (iii) Schools whose gross tuition is less than five hundred thousand\ndollars in a school fiscal year and which receive less than one hundred\nthousand dollars in state and federal student financial aid in a school\nfiscal year shall file with the commissioner an unaudited financial\nstatement in a format prescribed by the commissioner, provided, however,\nthat any such school shall file an audited financial statement the\nfiscal year after a reviewed financial statement is submitted. For such\nschools, audited financial statements are required every two years, at\nminimum, with reviewed financial statements allowed during the alternate\nyear. Upon a determination by the commissioner that a school has\nsubmitted false or inaccurate statements or that a significant,\nunsubstantiated decline in gross tuition has occurred, the commissioner\nmay require any such school to file an audited financial statement\npursuant to this paragraph even during alternate years when reviewed\nstatements would ordinarily be allowed.\n  f. Alternate licensing provision. The commissioner shall issue\nregulations which define alternate licensing or certification\nrequirements for the following:\n  (1) correspondence schools in which all approved programs and courses\nare under three hundred hours;\n  (2) schools which are eligible for exemption under this section but\nwhich elect to be licensed;\n  (3) non-profit schools exempt from taxation under section 501(c)(3) of\nthe internal revenue code whose programs are funded entirely through\ndonations from individuals or philanthropic organizations, or\nendowments, and interest accrued thereon; and\n  (4) language schools conducted for-profit which provide instruction in\nEnglish as a second language and which accept no public funds.\n  5. Required disclosure for licensure. a. The commissioner shall\nrequire that each applicant for a license for the operation of a private\ncareer school disclose the following information:\n  (1) Whether the applicant, or any corporation, partnership,\nassociation or organization or person holding an ownership or control\ninterest in such school, or any employee responsible in a supervisory\ncapacity for the administration of student funds or governmental funds,\nhas been convicted of a crime defined in this article, or any other\ncrime involving the operation of any educational or training program,\nor, in connection with the operation of any such program, a crime\ninvolving the unlawful acquisition, use, payment or expenditure of\neducational or training program funds; and\n  (2) Whether the applicant, or any corporation, partnership,\nassociation or organization or person holding an ownership or control\ninterest in such school, or any employee responsible in a supervisory\ncapacity for the administration of student funds or governmental funds\nhas been convicted:\n  (A) in this state of any of the following felonies defined in the\npenal law: bribery involving public servants; commercial bribery;\nperjury in the second degree; rewarding official misconduct; larceny, in\nconnection with the provision of services or involving the theft of\ngovernmental funds; offering a false instrument for filing, falsifying\nbusiness records; tampering with public records; criminal usury; scheme\nto defraud; or defrauding the government; or\n  (B) in any other jurisdiction of an offense which is substantially\nsimilar to any of the felonies defined in clause (A) of this\nsubparagraph and for which a sentence to a term of imprisonment in\nexcess of one year was authorized and is authorized in this state\nregardless of whether such sentence was imposed; and\n  (3) Whether the applicant, or any corporation, partnership,\nassociation or organization or person holding an ownership or control\ninterest in such school, or any employee responsible in a supervisory\ncapacity for the administration of student funds or governmental funds,\nhas been finally determined in any administrative or civil proceeding to\nhave committed a violation of any provision of this article or any rules\nand regulations promulgated pursuant thereto, or any related order or\ndetermination of the commissioner, or of any similar statute, rule,\nregulation, order or determination of another jurisdiction pertaining to\nthe licensure and operation of any educational or training program; and\n  (4) Whether any school owned or operated by the applicant closed or\nceased operation and, if so, whether at the time of the closing the\napplicant was subject to a pending disciplinary action, disallowance,\nfine or other penalty and whether it owed refunds to any government\nagency or students.\n  b. No application for any license pursuant to this article shall be\ndenied by reason of disclosure pursuant to this subdivision of the\napplicant, or any corporation, partnership, association or organization\nor person holding an ownership or control interest in such school, or\nany employee responsible in a supervisory capacity for the\nadministration of student funds or governmental funds unless the\ncommissioner makes a written determination that there is a direct\nrelationship between one or more of such previous offenses and the\nlicense sought, or that issuance of the license would create an\nunreasonable risk to property or to the safety, education or welfare of\nspecific individuals or the general public. In making such\ndetermination, the commissioner shall be guided by the factors set forth\nin section seven hundred fifty-three of the correction law. For purposes\nof this subdivision, "ownership or control interest" means: with respect\nto a school that is organized as or owned by a corporation, a position\nas an officer or director of such corporation; or, with respect to a\nschool that is organized as or owned by a partnership, a position as a\npartner; or any other interest totaling ten percent or more, whether\ndirect or indirect, in the total equity or assets of such school.\n  c. The commissioner may deny, suspend, revoke or decline to renew any\nlicense: (1) if the significance of the convictions or administrative\nviolations warrant such action; (2) if the commissioner determines that\na school did not make any disclosure required by this subdivision; or\n(3) if the commissioner determines that a school's financial condition\nmay result in the interruption or cessation of instruction or jeopardize\nstudent tuition funds.\n  6. If, during the period for which a license is granted, the\ncommissioner determines that a school's financial condition may result\nin the interruption or cessation of instruction or jeopardize student\ntuition funds, the commissioner may, upon notice to the school, place\nthe school on probation for a period of no more than one year, during\nwhich time the school and the department must make efforts to resolve\nthe problems at the school.  The school shall submit a report on its\nfinancial condition to the commissioner within the time prescribed by\nthe commissioner. Such report shall be in the form and shall include\ncontent prescribed by the commissioner and shall be reviewed by the\ncommissioner to determine the school's financial viability. The\ncommissioner may suspend or revoke the school's license, as well as\nrequire the cessation of student enrollment, upon a determination that\nthe school's financial condition continues to threaten its ability to\neducate students and/or the student tuition funds. Alternatives for the\nschool to demonstrate a fiscally sound operation may include securing\nand maintaining a performance bond, payable to the commissioner, in an\nappropriate amount to eliminate any liability to the tuition\nreimbursement account should the school cease operation, limiting the\ncollection of tuition funds until each student completes the program of\nstudy, or other means acceptable to the commissioner. If no resolution\ncan be attained, a hearing, pursuant to subdivisions two and three of\nsection five thousand three of this article will be scheduled. Such\nprobation may include additional monitoring, inspections, limitations on\nenrollment, teaching out some or all of a school's present students or\ntemporary cessation of instruction.\n  7. No license granted under this section shall be transferable or\nassignable without the approval of the commissioner. Upon transfer or\nassignment of any interest totaling twenty-five percent or more, whether\ndirect or indirect, in the total equity or assets of a school, such\nschool shall be deemed a new school required to submit a new school\napplication and obtain a new license pursuant to this article.\nProvided, however, that upon such a substantial change in interest, the\nprevious school license shall remain in effect until the new license is\nissued or denied or the previous license expires or is revoked,\nwhichever occurs first.\n  8. No licensed school shall discontinue operation or surrender its\nlicense unless thirty days written notice of its intention to do so and\na plan for maintenance of safe keeping of the records of the school is\nprovided to the commissioner. However, upon good cause shown, the\ncommissioner may waive the thirty days notice requirement.\n  9. Annual supervision fund and tuition reimbursement account\nassessment.  a. The commissioner shall annually assess each school a\ntotal percentage of that school's gross tuition pursuant to subdivision\nthree of section five thousand two of this article, as determined by the\nannual audited financial statement required by this article. This\nassessment shall be based upon each school's gross tuition from the\nprevious year, and shall be payable to the commissioner in equal\nquarterly installments which shall be due on June first, September\nfirst, December first and March first.\n  b. (i) Such annualized assessment shall be one percent for schools\nwhich have paid less than sixteen quarters of assessments, but such\nannual assessment shall not fall below five hundred dollars.\n  (ii) Such annualized assessment shall be eight-tenths of one percent\nfor schools which have paid sixteen or more quarters of assessments, but\nsuch annual assessment shall not fall below five hundred dollars.\n  c. (i) Of the total assessment provided for herein, five-tenths of one\npercent shall accrue to the credit of the tuition reimbursement account\npursuant to section five thousand seven of this article for those\nschools which have paid less than sixteen quarters of assessments. Of\nthe total assessment provided for schools which have paid sixteen or\nmore quarters of assessments, three-tenths of one percent shall accrue\nto the credit of the tuition reimbursement account pursuant to section\nfive thousand seven of this article.  For schools paying the minimum\nfive hundred dollars annual assessment, none shall accrue to the tuition\nreimbursement account.\n  (ii) The balance of the total assessment provided for herein shall be\ndedicated to fund the department's supervision and regulation of\nlicensed private schools pursuant to an annual appropriation and an\nannual plan of expenditure prepared by the commissioner and approved by\nthe director of the budget.\n  d. Payments made within thirty days following the due date shall be\nsubject to interest at one percent above the prevailing prime rate.\nThereafter, late payments may result in suspension of licensure by the\ncommissioner. Payments required by this subdivision shall be considered\na condition of licensure.\n
N.Y. PBA Law § 1115-G — New York Code / Act PBA / Article 5 / Title 6 / Section 1115-G
Transfer of sewerage or water systems by the city to the water board
Status: in_force

§ 1115-g. Transfer of sewerage or water systems by the city to the\nwater board. 1. The city may, by resolution of the common council of the\ncity, enter into an agreement with the water board for the transfer to\nthe water board, for use in the exercise of its corporate powers and\npurposes, of the sewerage system or water system, or both, of the city\nas the same then shall be owned by the city. Any such agreement may\nprovide for the transfer of title of such system or systems by deed,\nlease or other arrangement to the water board. To the extent not\ninconsistent with this title, any such agreement may impose such\nlimitations or conditions as may be agreed upon by and between the city\nand the water board with respect to the power of the water board to sell\nor otherwise dispose of any property acquired by the water board\npursuant to such agreement, and may provide for or authorize the water\nboard to surrender to the city property no longer required by the water\nboard for its public purposes. Notwithstanding the provisions of any\ngeneral, special or local law or charter to the contrary, any action\ntaken by the city pursuant to this subdivision shall not be subject to a\npermissive or mandatory referendum.\n  2. Any such agreement shall set forth the liabilities of the city\nwhich it is contemplated are to be paid by the water board from moneys\navailable to it; provided, however, that such agreement does not require\nthe water board to assume the liabilities of the city; provided further,\nnotwithstanding the foregoing, any real property owned by the city\noutside its municipal boundaries for the purposes of the water system\nincluding all water facilities which are subject to real property\ntaxation under city ownership shall remain subject to real property\ntaxation as provided in section one thousand one hundred fifteen-j of\nthis title upon transfer and conveyance to the water board as if the\ncity remained the record owner of such water system and water\nfacilities.\n  3. Any such agreement may provide for the payment by the city to the\nwater board from any funds of the city, of such amount as may be\ndetermined appropriate for use by the water board.\n  4. The city and the water board are hereby authorized and empowered to\nmake or enter into any contracts, agreements, deeds, leases, conveyances\nor other instruments as may be necessary or appropriate to effectuate\nthe purposes of this title, and they shall have power and authority to\ndo so and to authorize the doing of all things incidental, desirable or\nnecessary to implement the provisions of this title.\n  5. Notwithstanding the foregoing provisions of this section, no\nagreement comtemplated by this section shall become effective for any\npurpose unless and until the same shall have been approved in writing by\nresolution of the authority.\n  6. Upon the filing by the water board with the clerk of the city and\nthe secretary of state of a copy of the instruments or documents\neffectuating the transfer authorized by this section, the water board\nshall take possession of the sewerage system or water system, or both,\nof the city thereby transferred.\n  7. Any application filed or proceeding heretofore commenced in\nrelation to the sewerage system or water system, or both, transferred to\nthe water board pending with the state departments of environmental\nconservation or health or any other state agency or with the United\nStates environmental protection agency or any other federal agency or\ninstrumentality shall inure to and for the benefit of the water board\nand be binding upon the water board to the same extent and in the same\nmanner as if the water board had been a party to such application or\nproceeding from its inception, and the water board shall be deemed a\nparty thereto to the extent not prohibited by any federal law. Any\nlicense, approval, permit or decision heretofore or hereafter issued or\ngranted pursuant to or as a result of any such application or proceeding\nshall inure to the benefit of and be binding upon the water board and\nshall be assigned and transferred by the city to the water board unless\nsuch assignment and transfer is prohibited by federal law.\n  8. The rules and regulations of the water board may provide for the\ndiscontinuance or disconnection of the supply of water or the provision\nof sewerage service, or both, as the case may be, by the city or the\nwater board for non-payment of fees, rates, rents or other charges\ntherefor imposed by the water board, provided such discontinuance or\ndisconnection of any supply of water or the provision of sewerage\nservice, or both, as the case may be, shall not be carried out except in\nthe manner and upon the notice as is required of a waterworks\ncorporation pursuant to subdivisions three-a, three-b and three-c of\nsection eighty-nine-b and section one hundred sixteen of the public\nservice law. A copy of all by-laws, rules and regulations and amendments\nthereto, duly certified by the secretary of the water board, shall be\nfiled in the offices of the clerk of the city and the secretary of state\nwithin ninety days and thereafter published once in the official\nnewspaper of the city. Violation of such rules and regulations shall\nsubject the offending party to a civil penalty in an action brought by\nthe water board, not exceeding one hundred dollars for each day the\nviolation continues. Jurisdiction is hereby conferred upon the city\ncourt of the city to hear and determine, subject to the provisions of\nthe civil practice law and rules, any violation of such rules and\nregulations.\n
N.Y. PBA Law § 1118 — New York Code / Act PBA / Article 5 / Title 6-A / Section 1118
Albany water board
Status: in_force

§ 1118. Albany water board. For the benefit of the city of Albany and\nthe inhabitants thereof, a water board to be known as the Albany water\nboard is hereby established for the accomplishment of any or all of the\npurposes specified in title six of article five of this chapter. It\nshall have the powers and duties now or hereafter conferred by title six\nof article five of this chapter upon a water board. It shall be\norganized in a manner prescribed by and be subject to the provisions of\ntitle six of article five of this chapter. The water board, its members,\nofficers and employees and its operations and activities shall in all\nrespects be governed by the provisions of title six of article five of\nthis chapter.\n
N.Y. EDN Law § 4410-B — New York Code / Act EDN / Title 6 / Article 89 / Section 4410-B
Use of certain federal funds
Status: in_force

§ 4410-b. Use of certain federal funds. 1. Definitions. For purposes\nof this section:\n  a. "Approved preschool special education program" shall mean a public\nor private agency which has been approved by the commissioner as a\nprovider of special education programs or services to preschool students\nwith disabilities pursuant to subdivision nine of section forty-four\nhundred ten of this article or pursuant to article eighty-five of this\nchapter.\n  b. "Base year" shall mean the school year next preceding the school\nyear in which funds are sub-allocated pursuant to this section.\n  c. "IEP team" means a committee on special education, a subcommittee\non special education, a committee on preschool special education or a\nsubcommittee on preschool special education.\n  d. "Public or private agency" shall mean an approved preschool special\neducation program, or a state-supported school operating pursuant to\narticle eighty-five of this chapter, or an approved private\nnon-residential or residential school that provides special services or\nprograms pursuant to subdivision two of section forty-four hundred one\nof this article. Such term shall not include an individual providing\nrelated services only to preschool students with disabilities pursuant\nto section forty-four hundred ten of this article. Such term shall\ninclude a board of cooperative educational services only to the extent\nit is an approved preschool special education program, and only for\nthose students provided special education programs or services pursuant\nto section forty-four hundred ten of this article.\n  2. Preschool grants for children with disabilities. Each school\ndistrict receiving an allocation of funds pursuant to section six\nhundred nineteen of the individuals with disabilities education act for\nthe nineteen hundred ninety-nine--two thousand school year or any\nsubsequent school year shall sub-allocate such funds in accordance with\nthis subdivision to other public and private agencies providing special\neducation services to students ages three to five who were placed in\nsuch agency by the school district's IEP team. For school years prior to\ntwo thousand six--two thousand seven, such sub-allocations shall be made\non a per capita basis, based upon the number of students three to five\nyears of age who were placed in such agency by the school district's IEP\nteam and are served by the public or private agency as of December first\nof the base year, as reported to the commissioner; and, for school years\ntwo thousand six--two thousand seven and thereafter, such\nsub-allocations shall be made on a per capita basis, based upon the\nnumber of students three to five years of age who were placed in such\nagency by the school district's IEP team and who are receiving special\neducation programming and instruction from the public or private agency\nas of December first of the base year, as reported to the commissioner,\nand according to a formulae based upon the number of students three to\nfive years of age who are receiving related services only from the\npublic or private agency as of December first of the base year, as\nreported to the commissioner, such that such sub-allocation shall be in\nan amount determined in accordance with the provisions of this\nsubdivision; provided, however, that for the nineteen hundred\nninety-nine--two thousand school year, the sub-allocation payable to\neach public or private agency shall not be less than five hundred\nforty-eight dollars per pupil. For the school year two thousand six--two\nthousand seven, the per capita sub-allocation shall be adjusted whereby\neach student three to five years of age who was placed in an agency by\nthe school district's IEP team and who is receiving special education\nprogramming and instruction therefrom shall be counted as one per capita\nand each such student who is receiving related services only from such\npublic or private agency shall be counted as two-thirds of a per capita,\nfor purposes of determining such per capita sub-allocation for such\nschool year and that for the school year two thousand seven--two\nthousand eight and thereafter, shall be counted as one-third for the\npurposes of determining the per capita sub-allocation for such school\nyear; provided, however, that any municipality which, prior to July\nfirst, two thousand three, operated an approved special education\nitinerant teacher program for students three to five years of age who\nwere placed in such program by a school district's IEP team, shall be\ndeemed to be a public or private agency for purposes of this section and\nthe sub-allocation directed by this subdivision shall be made on a per\ncapita basis, based upon the number of students, three to five years of\nage who are receiving special education programming and instruction and\nrelated services only therefrom. In the event the total amount allocated\nto any school district pursuant to such section six hundred nineteen for\nthe nineteen hundred ninety-nine--two thousand school year is\ninsufficient to pay such sub-allocations at the required per pupil\nlevel, the school district may apply to the department for a\nsupplemental allocation of funds in the amount of such deficiency from\nthe state allocation received pursuant to such section six hundred\nnineteen. Payments of such sub-allocation shall be made in the same\nproportion as such funds are paid to the school district by the state,\nwithin thirty days after: (i) the school district receives any portion\nof its allocation of funds for the current year pursuant to section six\nhundred nineteen of the individuals with disabilities education act; or\n(ii) the school district receives an application for a sub-allocation by\na public or private agency, or, for the nineteen hundred\nninety-nine--two thousand school year only, the school district receives\nnotice from the commissioner that such an application for a\nsub-allocation has been filed with the commissioner, whichever occurs\nlater.\n  3. Federal flow-through funds. Each school district receiving an\nallocation of funds pursuant to section six hundred eleven of the\nindividuals with disabilities education act for the nineteen hundred\nninety-nine--two thousand school year or any subsequent school year\nshall sub-allocate such funds in accordance with this subdivision to\nother public and private agencies providing special education services\nto students ages three to twenty-one who were placed in such agency by\nthe school district's IEP team. For school years prior to two thousand\nsix--two thousand seven, such sub-allocations shall be made on a per\ncapita basis, based upon the number of students three to twenty-one\nyears of age who were placed in such agency by the school district's IEP\nteam and were served by the public or private agency as of December\nfirst of the base year, as reported to the commissioner; and, for the\nschool year two thousand six--two thousand seven and thereafter, such\nsub-allocations shall be made on a per capita basis, based upon the\nnumber of students three to twenty-one years of age who were placed in\nsuch agency by the school district's IEP team and who were receiving\nspecial education programming and instruction from the public or private\nagency as of December first of the base year, as reported to the\ncommissioner, and according to a formulae based upon the number of\nstudents three to twenty-one years of age who were receiving related\nservices only from the public or private agency as of December first of\nthe base year, as reported to the commissioner, such that such\nsub-allocation shall be in an amount determined in accordance with the\nprovisions of this subdivision. For the school year two thousand\nsix--two thousand seven, the per capita sub-allocation shall be adjusted\nwhereby each student three to twenty-one years of age who was placed in\nan agency by the school district's IEP team and who is receiving special\neducation programming and instruction therefrom shall be counted as one\nper capita and each such student who is receiving related services only\nfrom such public or private agency shall be counted as two-thirds of a\nper capita, for purposes of determining such per capita sub-allocation\nfor such school year and that for the school year two thousand\nseven--two thousand eight and thereafter, shall be counted as one-third\nfor the purposes of determining the per capita sub-allocation for such\nschool year; provided, however, that any municipality which, prior to\nJuly first, two thousand three, operated an approved special education\nitinerant teacher program for students three to five years of age who\nwere placed in such program by a school district's IEP team, shall be\ndeemed to be a public or private agency for purposes of this section and\nthe sub-allocation directed by this subdivision shall be made on a per\ncapita basis, based upon the number of students, three to twenty-one\nyears of age who are receiving special education programming and\ninstruction and related services only therefrom. Payments of such\nsub-allocation shall be made in the same proportion as such funds are\npaid to the school district by the state within thirty days after: (i)\nthe school district receives any portion of its allocation of funds for\nthe current year pursuant to section six hundred eleven of the\nindividuals with disabilities education act; or (ii) the school district\nreceives an application for a sub-allocation by a public or private\nagency, or, for the nineteen hundred ninety-nine--two thousand school\nyear only, the school district receives notice from the commissioner\nthat such an application for a sub-allocation has been filed with the\ncommissioner; whichever occurs later.\n  4. Charter schools. Notwithstanding the provisions of subdivisions two\nand three of this section, any sub-allocation of funds received pursuant\nto sections six hundred eleven and six hundred nineteen of the\nindividuals with disabilities education act shall be made in accordance\nwith section twenty-eight hundred fifty-six of this chapter and the\nregulations of the commissioner implementing such section.\n  5. Carryover funds. In addition to the sub-allocations required\npursuant to subdivisions two and three of this section, each school\ndistrict receiving carryover funds from the nineteen hundred\nninety-eight--ninety-nine allocation pursuant to sections six hundred\neleven and six hundred nineteen of the individuals with disabilities\neducation act shall sub-allocate such carryover funds pursuant to this\nsubdivision to public and private agencies that have their chief\nadministrative offices located within the school district and have\ncarryover funds remaining from such allocation. Such sub-allocations\nshall be made in the amounts determined by the commissioner in\naccordance with procedures established by the commissioner. In the event\nsuch a public or private agency has its chief administrative offices\nlocated outside of the state, such agency may designate any school\ndistrict having resident students attending its programs as the district\nresponsible for sub-allocation of its nineteen hundred\nninety-eight--ninety-nine carryover funds pursuant to this subdivision.\n  6. Unobligated funds. Notwithstanding any other provision of law to\nthe contrary, funds sub-allocated to public and private agencies\npursuant to subdivisions two and three of this section for any school\nyear that are neither obligated by the last day of the project year nor\nexpended consistent with procedures established by the commissioner\nshall be carried over to the following school year and shall be made\navailable to such agencies in accordance with procedures established by\nthe commissioner, commencing in July and August of such following school\nyear.\n  7. Funds; failure to apply. Any school district that fails to apply\nfor its full allocation of funds pursuant to both sections six hundred\neleven and six hundred nineteen of the individuals with disabilities\neducation act by a date to be prescribed by the commissioner shall\nnevertheless be required to make sub-allocations to public or private\nagencies pursuant to this section using local funds, based on the full\namount that the school district was eligible to receive, as if the\ndistrict had received an allocation of federal funds on such date.\n  8. Reporting requirements. a. Each public or private agency that\nreceives a sub-allocation of funds pursuant to this section shall submit\nan annual cost report in a form approved by the commissioner.\n  b. The commissioner shall, in consultation with representatives of\nstatewide and regional provider organizations including municipalities\nand school district personnel and other interested parties:\n  (1) develop forms to be submitted by school districts that report the\nnumber of students three to twenty-one years of age who are placed in a\npublic or private agency providing special education services and who\nare receiving special education programming and instruction from such\nagency, and the number of such students who are receiving related\nservices only from such agency; and\n  (2) develop guidelines to assure that funds allocated and\nsub-allocated pursuant to this section are used for purposes consistent\nwith federal laws and regulations governing such funds.\n
N.Y. EDN Law § 4710 — New York Code / Act EDN / Title 6 / Article 95 / Section 4710
Maintenance by county
Status: in_force

§ 4710. Maintenance by county.  The board of supervisors or other\ngoverning elective body shall provide for the maintenance of such\nschool, the repair and improvement of the lands and buildings used or\noccupied thereby, and the equipment thereof with necessary machinery,\ntools, apparatus and supplies.  The cost thereof, and the expenses\nincurred for such purposes, shall be charges against the county and\nshall be audited and paid in the same manner as other charges against\nthe county.  The maintenance herein provided for shall include the\nsupport, instruction, care, board and clothing of pupils and such other\nexpenses as are necessarily incurred in the operation of the school.\n
N.Y. ELN Law § 5-601 — New York Code / Act ELN / Article 5 / Title 6 / Section 5-601
Registration records; physically disabled voters
Status: in_force

§ 5-601. Registration records; physically disabled voters. 1. A\nphysically disabled voter whose polling place is located in a building\nthat is not accessible shall be entitled to vote in any other election\ndistrict whose polling place is located in a building which is\naccessible, provided that the candidates and ballot proposals on the\nballot in such other election district are the same as those on the\nballot in the election district in which such voter resides.\n  2. A written application by a disabled voter to have his registration\nrecord transferred to an election district which has an accessible\npolling place shall be valid for an election occurring more than\nfourteen days after it is received by the board of elections and, if the\nvoter is permanently disabled, for all subsequent elections. Such\napplication may specify the election district to which the voter wishes\nhis registration records transferred.\n  3. The board of elections shall keep all such applications from\npermanently disabled voters on file at its office.  Not later than\ntwelve days before each election, the board shall transfer the records\nof each voter for whom it has such an application and who continues to\nbe registered from the address on such application to an election\ndistrict in the polling place specified in such application. If the\napplication does not specify such an election district, or if the\nelection district so specified is not one to which such records properly\nmay be transferred for such election, the board of elections shall\ntransfer such record to the election district among those to which it\nmay properly be transferred for such election, which is located in the\naccessible polling place closest to the residence of the applicant.\n  4. If such registration records are in the form of registration poll\nrecords, the board of elections, before transferring any such\nregistration record, shall make a photocopy thereof. Such photocopies\nshall be kept on file in the offices of such board in case such\nregistration poll record is lost.\n  5. Upon removing such a registration poll record from a poll ledger,\nthe board of elections shall insert in such poll ledger, at the place\nwhere such registration poll record was filed, a form giving the name\nand address of the voter, stating that the registration poll record was\nmoved pursuant to the provisions of this section and giving the number\nof the election district to which such registration poll record was\nmoved and the location of the polling place for such election district.\n  6. If such registration records are kept in the form of computer\ngenerated registration lists, the board of elections at the time such\nregistration record is transferred, shall cause to be entered on the\ncomputer generated registration at the place where such registration\nrecord would have appeared, the name and address of the voter but\nwithout the computer reproduced facsimile of the voter's signature and\neither a notation that such record was moved pursuant to the provisions\nof this section together with the number of the election district to\nwhich such record was moved and the location of the polling place for\nsuch election district or a notation stating where, in such computer\ngenerated registration list, such information is provided.\n  7. Not later than ten days before each election, the board of\nelections shall mail to each voter who has made application pursuant to\nthe provisions of this section, by first class mail, information\nspecifying the number and location of the election district to which his\nrecords have been transferred or that there is no election district to\nwhich such records may properly be transferred which is located in an\naccessible polling place.\n  8. If the board determines that there is no election district in an\naccessible polling place to which such voter's record may properly be\ntransferred for a particular election, it shall treat the application of\nsuch voter as an application for an absentee ballot for such election\nand forthwith mail such absentee ballot to such voter at his residence\naddress together with the notice required by subdivision seven of this\nsection.\n  9. The board of elections shall compile a list, arranged by election\ndistricts of residence, of the names and addresses of all voters whose\nregistration records have been moved pursuant to the provisions of this\nsection and the number of the election district to which such\nregistration record was moved. Not later than six days before election\nday, the board of elections shall send a copy of such list to the county\nchairman of each party. Such list shall be a public record at the office\nof such board of elections.\n  10. The state board of elections shall prescribe a standard form of\napplication for use under this section and all forms necessary to carry\nout the provisions of this section.\n
N.Y. PBA Law § 1126 — New York Code / Act PBA / Article 5 / Title 6-C / Section 1126
Advances on behalf of the authority; transfer of property to authority; acquisition of property by town for authority
Status: in_force

* § 1126. Advances on behalf of the authority; transfer of property to\nauthority; acquisition of property by town for authority. 1. In addition\nto any powers granted to it by law, the town, from time to time, may\nappropriate sums of money to or on behalf of the authority to defray\nproject costs or any other costs and expenses of the authority. Subject\nto the rights of bondholders, the town may determine if the moneys so\nappropriated shall be subject to repayment by the authority to the town\nand, in such event, the manner and time or times for such repayment.\n  2. The town or any other municipality may give, grant, sell, convey,\nloan, license the use of or lease to the authority any property or\nfacility which is useful to the authority in order to carry out its\npowers under this title. Any such transfer of property shall be upon\nsuch terms and conditions, subject to the rights of the holders of any\nbonds, as the authority and the town or other municipality may agree.\n  3. The town may acquire by purchase or by exercise of the power of\neminent domain real property in the name of the town for any corporate\npurpose of the authority.\n  4. Notwithstanding the provisions of any other law, general, special\nor local to the contrary, real property acquired by the authority or the\ntown from the state may be used for any corporate purpose of the\nauthority.\n  * NB There are 2 § 1126's\n
N.Y. BNK Law § 6005 — New York Code / Act BNK / Article 15 / Title 6 / Section 6005
Notice of meetings of stockholders
Status: in_force

§ 6005. Notice of meetings of stockholders. 1. Whenever under the\nprovisions of this chapter stockholders are required or permitted to\ntake any action at a meeting, written notice shall state the place, date\nand hour of the meeting and unless it is the annual meeting, indicate\nthat it is being issued by or at the direction of the person or persons\ncalling the meeting. Notice of a special meeting shall also state the\npurpose or purposes for which the meeting is called. If, at any meeting,\naction is proposed to be taken which would, if taken, entitle\nstockholders fulfilling the requirements of section six thousand\ntwenty-two to receive payment for their shares, the notice of such\nmeeting shall include a statement of that purpose and to that effect. A\ncopy of the notice of any meeting shall be given, personally or by mail,\nnot less than ten nor more than fifty days before the date of the\nmeeting, to each stockholder entitled to vote at such meeting. If\nmailed, such notice is given when deposited in the United States mail,\nwith postage thereon prepaid, directed to the stockholder at his address\nas it appears on the record of stockholders, or, if he shall have filed\nwith the secretary of the corporation a written request that notices to\nhim be mailed to some other address, then directed to him at such other\naddress. An affidavit of the secretary or other persons giving the\nnotice or of the transfer agent of the corporation that the notice\nrequired by this section has been given shall, in the absence of fraud,\nbe prima facie evidence of the facts therein stated.\n  2. When a meeting is adjourned to another time or place, it shall not\nbe necessary, unless the by-laws require otherwise, to give any notice\nof the adjourned meeting if the time and place to which the meeting is\nadjourned are announced at the meeting at which the adjournment is\ntaken, and at the adjourned meeting any business may be transacted that\nmight have been transacted on the original date of the meeting.\nHowever, if after the adjournment the board fixes a new record date for\nthe adjourned meeting, a notice of the adjourned meeting shall be given\nto each stockholder of record on the new record date entitled to notice\nunder subdivision one.\n  3. To the extent that any provision of this section conflicts with any\nother provision of this chapter relating to a notice of a meeting of\nstockholders, the latter shall prevail.\n
N.Y. PBA Law § 1147-K — New York Code / Act PBA / Article 5 / Title 6-D / Section 1147-K
Bonds of the authority
Status: in_force

§ 1147-k. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue bonds, notes\nor other obligations to pay the cost of any project or for any other\ncorporate purpose, including the establishment of reserves to secure the\nbonds, the payment of principal of, premium, if any, and interest on the\nbonds and the payment of incidental expenses in connection therewith.\nThe aggregate principal amount of such bonds, notes or other obligations\nshall not exceed twenty million dollars ($20,000,000), excluding bonds,\nnotes or other obligations issued to refund or otherwise repay bonds,\nnotes or other obligations theretofore issued for such purposes\nprovided, however, that upon any such refunding or repayment the total\naggregate principal amount of outstanding bonds, notes or other\nobligations may be greater than twenty million dollars ($20,000,000)\nonly if the present value of the aggregate debt service of the refunding\nor repayment bonds, notes or other obligations to be issued shall not\nexceed the present value of the aggregate debt service of the bonds,\nnotes or other obligations so to be refunded or repaid. For purposes\nhereof, the present values of the aggregate debt service of the\nrefunding or repayment bonds, notes or other obligations and of the\naggregate debt service of the bonds, notes or other obligations so\nrefunded or repaid, shall be calculated by utilizing the effective\ninterest rate of the refunding or repayment bonds, notes or other\nobligations, which shall be that rate arrived at by doubling the\nsemi-annual interest rate (compounded semi-annually) necessary to\ndiscount the debt service payments on the refunding or repayment bonds,\nnotes or other obligations from the payment dates thereof to the date of\nissue of the refunding or repayment bonds, notes or other obligations\nand to the price bid including estimated accrued interest or proceeds\nreceived by the authority including estimated accrued interest from the\nsale thereof. The authority shall have the power and is hereby\nauthorized to enter into such agreements and perform such acts as may be\nrequired under any applicable federal legislation to secure a federal\nguarantee of any bonds.\n  2. The authority shall have power from time to time to renew bonds or\nto issue renewal bonds for such purpose, to issue bonds to pay bonds,\nand, whenever it deems refunding expedient, to refund any bond by the\nissuance of new bonds, whether the bonds to be refunded have or have not\nmatured, and may issue bonds partly to refund bonds then outstanding and\npartly for any other corporate purpose of the authority. Bonds (other\nthan notes or other evidence of indebtedness) issued for refunding\npurposes, which have a final maturity date longer than the maturity of\nthe bonds being refunded, shall be approved by the chief executive\nofficers of the municipalities served by the authority. Bonds issued for\nrefunding purposes shall be sold and the proceeds applied to the\npurchase, redemption or payment of the bonds or notes to be refunded.\n  3. Bonds issued by the authority may be general obligations secured by\nthe faith and credit of the authority or may be special obligations\npayable solely out of particular revenues or other moneys as may be\ndesignated in the proceedings of the authority under which the bonds\nshall be authorized to be issued, subject as to priority only to any\nagreements with the holders of outstanding bonds pledging any particular\nproperty, revenues or moneys. The authority may also enter into loan\nagreements, lines of credit and other security agreements and obtain for\nor on its behalf letters of credit, insurance, guarantees or other\ncredit enhancements to the extent not or hereafter available, in each\ncase for securing its bonds or to provide direct payment of any costs\nwhich the authority is authorized to pay.\n  4. Bonds shall be authorized by resolution of the authority, be in\nsuch denominations and bear such date or dates and mature at such time\nor times, as such resolution may provide, provided that bonds and\nrenewals thereof shall mature within forty years from the date of\noriginal issuance of any such bonds.\n  Bonds shall be subject to such terms of redemption, bear interest at\nsuch rate or rates, be payable at such times, be in such form, either\ncoupon or registered, carry such registration privileges, be executed in\nsuch manner, be payable in such medium of payment at such place or\nplaces, and be subject to such terms and conditions as such resolution\nmay provide. Notwithstanding any other provision of law, the bonds of\nthe authority issued pursuant to this section shall be sold to the\nbidder offering the lowest true interest cost, taking into consideration\nany premium or discount not less than four nor more than fifteen days,\nSundays excepted, after a notice of such sale has been published at\nleast once in a newspaper of general circulation in the area served by\nthe authority, which shall state the terms of the sale. The terms of the\nsale may not change unless notice of such change is published in such\nnewspaper at least one day prior to the date of the sale as set forth in\nthe original notice of sale. Advertisements shall contain a provision to\nthe effect that the authority, in its discretion, may reject any or all\nbids made in pursuance of such advertisements, and in the event of such\nrejection, the authority is authorized to negotiate a private or public\nsale or readvertise for bids in the form and manner above described as\nmany times as, in its judgment, may be necessary to effect satisfactory\nsale.\n  Notwithstanding the provisions of the preceding paragraph, whenever in\nthe judgment of the authority the interests of the authority will be\nserved thereby, the members of the authority, on the written\nrecommendation of the chairperson, may authorize the sale of such bonds\nat private or public sale on a negotiated basis or on either a\ncompetitive or negotiated basis. The authority shall set guidelines\ngoverning the terms and conditions of any such private or public sales.\nThe private or public bond sale guidelines set by the authority shall\ninclude, but not be limited to a requirement that where the interests of\nthe authority will be served by a private or public sale of bonds, the\nauthority shall select underwriters for each private or public bond sale\nconducted pursuant to a request for proposal process and consideration\nof proposals from qualified underwriters taking into account, among\nother things, qualifications of underwriters as to experience, their\nability to structure and sell authority bond issues, anticipated costs\nto the authority, the prior experience of the authority with the firm,\nif any, the capitalization of such firms, participation of qualified\nminority and women-owned business enterprise firms in such private or\npublic sales of bonds of the authority and the experience and ability of\nfirms under consideration to work with minority and women-owned business\nenterprises so as to promote and assist participation by such\nenterprises.\n  The authority shall have the power from time to time to amend such\nprivate bond sale guidelines in accordance with the provisions of this\nsubdivision.\n  No private or public bond sale on a negotiated basis shall be\nconducted by the authority without prior approval of the state\ncomptroller. The authority shall annually prepare and approve a bond\nsale report which shall include the private or public bond sale\nguidelines as specified in this subdivision, amendments to such\nguidelines since the last private or public bond sale report, an\nexplanation of the bond sale guidelines and amendments, and the results\nof any sale of bonds conducted during the fiscal year. Such bond sale\nreport may be a part of any other annual report that the authority is\nrequired to make.\n  The authority shall annually submit its bond sale report to the state\ncomptroller and copies thereof to the senate finance committee and the\nassembly ways and means committee.\n  The authority shall make available to the public copies of its bond\nsale report upon reasonable request thereof.\n  Nothing contained in this subdivision shall be deemed to alter, affect\nthe validity of, modify the terms of or impair any contract or agreement\nmade or entered into in violation of, or without compliance with, the\nprovisions of this subdivision.\n  5. Any resolution or resolutions authorizing bonds or any issue of\nbonds by the authority may contain provisions which may be part of the\ncontract with the holders of the bonds thereby authorized as to:\n  (a) pledging all or part of its revenues, together with any other\nmoneys, or property of the authority, to secure the payment of the bonds\nor any costs of issuance thereof, including but not limited to any\ncontracts, earnings or proceeds of any grant to the authority received\nfrom any private or public source, subject to such agreements with\nbondholders as may then exist;\n  (b) the rates, rentals, fees and other charges to be fixed and\ncollected by the authority and the amounts to be raised in each year\nthereby, and the use and disposition of revenues;\n  (c) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (d) limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (e) limitations on the right of the authority to restrict and regulate\nthe use of any project or part thereof in connection with which bonds\nare issued;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, including the proportion of\nbondholders which must consent thereto, and the manner in which such\nconsent may be given;\n  (h) the creation of special funds into which any revenues or other\nmoneys may be deposited;\n  (i) the terms and provisions of any trust, deed, mortgage or indenture\nsecuring the bonds under which the bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine, which may include\nany or all of the rights, powers and duties of the trustee appointed by\nthe bondholders pursuant to section one thousand one hundred\nforty-seven-l of this title or limiting the rights, duties and powers of\nsuch trustee;\n  (k) defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right the\nappointment of a receiver, provided, however, that such rights and\nremedies shall not be inconsistent with the general laws of the state\nand other provisions of this title;\n  (l) limitations on the power of the authority to sell or otherwise\ndispose of any project or any part thereof or other property;\n  (m) limitations on the amount of revenues and other moneys to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (n) the payment of the proceeds of bonds, revenues and other moneys to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the authority may\ndetermine; and\n  (o) any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of bondholders.\n  6. In addition to the powers herein conferred upon the authority to\nsecure its bonds, the authority shall have power in connection with the\nissuance of bonds to adopt resolutions and to enter into trust\nindentures, agreements and other instruments as the authority may deem\nnecessary, convenient or desirable concerning the use or disposition of\nits revenues or other moneys or property, including the mortgaging of\nany property and the entrusting, pledging or creation of any other\nsecurity interest in any such revenues, moneys, or property and the\ndoing of any act, including refraining from doing any act, which the\nauthority would have the right to do in the absence of such agreements.\nThe authority shall have power to enter into amendments of any such\nagreements within the powers granted to the authority by this title and\nto perform such agreements. The provisions of any such agreements may be\nmade a part of the contract with the holders of bonds of the authority.\n  7. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmoneys, accounts, contract rights, general intangibles or other personal\nproperty made or created by the authority shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created nor\nany financing statement need be recorded or filed.\n  8. Whether or not the bonds of the authority are of such form and\ncharacter as to be negotiable instruments under the terms of the uniform\ncommercial code, the bonds are hereby made negotiable instruments within\nthe meaning of and for all purposes of the uniform commercial code,\nsubject only to the provisions of the bonds for registration.\n  9. Neither the members nor the officers of the authority nor any\nperson executing bonds shall be liable personally thereon or be subject\nto any personal liability or accountability by reason of the issuance\nthereof.\n  10. The authority, subject to such agreements with bondholders as then\nmay exist, shall have power out of any moneys available therefor to\npurchase bonds of the authority in lieu of redemption, at a price not\nexceeding:\n  (a) if the bonds are then redeemable, the redemption price then\napplicable, plus accrued interest to the next interest payment date;\n  (b) if the bonds are not then redeemable, the redemption price then\napplicable on the first date after such purchase upon which the bonds\nbecome subject to redemption plus accrued interest to the next interest\npayment date. Bonds so purchased shall thereupon be cancelled.\n  11. The authority shall have power and is hereby authorized to 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 note.\n
N.Y. SOS Law § 422-C — New York Code / Act SOS / Article 6 / Title 6 / Section 422-C
Establishment of the child abuse medical provider program (CHAMP)
Status: in_force

§ 422-c. Establishment of the child abuse medical provider program\n(CHAMP). 1. The child abuse medical provider program shall be\nestablished by the office of children and family services and operated\nby the child abuse referral and evaluation (CARE) program of the SUNY\nUpstate medical university, provided other similarly qualified\norganizations may also operate a CHAMP program, to improve access to\nquality medical care for suspected child abuse victims by providing\ntraining in the assessment and diagnostic skills for medical providers\nto identify and treat child abuse victims and by developing and\nproviding continuing education and mentoring to certain persons mandated\nto report suspected child abuse or maltreatment pursuant to section four\nhundred thirteen of this title. CHAMP shall be a network of expert child\nabuse medical professionals, that provides a comprehensive source of\nchild abuse information that offers resources and educational tools\ncreated to assist and educate mandated reporters in the identification\nof child abuse and maltreatment.\n  2. The CHAMP program shall provide information, training and mentoring\non child abuse or neglect to certain persons mandated to report\nsuspected child abuse or maltreatment pursuant to section four hundred\nthirteen of this title, and may include, but not be limited to:\n  (a) distant learning;\n  (b) a web based curriculum;\n  (c) video conferencing;\n  (d) workshops;\n  (e) mailings;\n  (f) self-study courses;\n  (g) continued learning through case conferences and peer review; and\n  (h) direct training of medical providers.\n
N.Y. PML Law § 1354 — New York Code / Act PML / Article 13 / Title 6 / Section 1354
Unclaimed funds
Status: in_force

§ 1354. Unclaimed funds. Unclaimed funds, cash and prizes shall be\nretained by the gaming facility licensee for the person entitled to the\nfunds, cash or prize for one year after the game in which the funds,\ncash or prize was won. If no claim is made for the funds, cash or prize\nwithin one year, the funds, cash or equivalent cash value of the prize\nshall be deposited in the commercial gaming revenue fund.\n
N.Y. EDN Law § 4105 — New York Code / Act EDN / Title 6 / Article 83 / Section 4105
Required attendance upon instruction
Status: in_force

§ 4105.  Required attendance upon instruction.  1. Every Indian child\nbetween six and sixteen years of age, in proper physical and mental\ncondition to attend school, shall regularly attend upon instruction at a\nschool in which at least the common school branches of reading,\nspelling, writing, arithmetic, English grammar and geography are taught\nin English, or upon equivalent instruction by a competent teacher\nelsewhere than at such school as follows: Every Indian child between\nfourteen and sixteen years of age not regularly and lawfully engaged in\nany useful employment or service, and every such child between six and\nfourteen years of age, shall so attend upon instruction as many days\nannually during the period between the first days of September and the\nfollowing July as a public school of the community or district of the\nreservation, in which such child resides, shall be in session during the\nsame period.\n  2. If any such child shall so attend upon instruction elsewhere than\nat the public school, such instruction shall be at least equivalent to\nthe instruction given to Indian children of like age at a school of the\ncommunity or district in which such child shall reside; and such\nattendance shall be for at least as many hours of each day thereof, as\nare required of children of like age at public schools and no greater\ntotal amount of holidays and vacations shall be deducted from such\nattendance during the period such attendance is required than is allowed\nin public schools for children of like age. Occasional absences from\nsuch attendance not amounting to irregular attendance in a fair meaning\nof the term, shall be allowed upon such excuses only as would be allowed\nin like cases by the general rules and practices of public schools.\n  3. Transportation shall be provided for Indian children who live more\nthan a mile from the elementary and high schools they attend, and the\ncommissioner of education is hereby empowered to make provision for the\ncost of the same as a part of the care and education of Indian children.\n