N.Y. PML Law § 1340 — New York Code / Act PML / Article 13 / Title 5 / Section 1340
Alcoholic beverages
Status: in_force

§ 1340. Alcoholic beverages. 1. Notwithstanding any law to the\ncontrary, the authority to grant any license or permit for, or to permit\nor prohibit the presence of, alcoholic beverages in, on, or about any\npremises licensed by the commission as part of a gaming facility, or in,\non, or about any Indian gaming facility, shall exclusively be vested in\nthe commission. As used in this section, the term "Indian gaming\nfacility" shall mean a premises duly authorized by a tribal gaming\nauthority to conduct class II gaming, class III gaming, or both, as such\nterms are defined in 25 USC 2703, pursuant to the Indian Gaming\nRegulatory Act of 1988, which includes a gaming area or areas, and any\nother non-gaming structure related to the gaming area as an amenity,\nincluding but not limited to hotels, restaurants, golf courses, golf\nclubhouses and other amenities, where such premises is licensed and\nregulated by an Indian tribe that has elected commission oversight\npursuant to subdivision one-a of this section. This section shall not be\nconstrued to apply to any provision of New York law other than this\nsection, to any Indian gaming facility that would not otherwise apply to\nthe Indian gaming facility absent this section, or to apply to this\nsection to any premises licensed and regulated by an Indian tribe that\nhas not elected to be treated as an Indian gaming facility for purposes\nof this section pursuant to subdivision one-a of this section.\n  1-a. An Indian tribe may elect for the state to treat all premises\nauthorized by such tribe's tribal gaming authority to conduct class II\ngaming, class III gaming, or both, as an Indian gaming facility for the\npurposes of licensure and regulation under this section, by notifying\nthe commission and the state liquor authority, in writing, within sixty\ndays of the effective date of this subdivision, that it elects\ncommission oversight pursuant to the provisions of this section. Upon\nreceipt of notice by the commission that a tribe has made such an\nelection under this subdivision, any premises authorized by such tribe's\ntribal gaming authority to conduct class II gaming, class III gaming, or\nboth, shall be considered an Indian gaming facility, as defined in\nsubdivision one of this section, for purposes of this section, and the\ncommission shall assume jurisdiction over all alcoholic beverage\nlicenses and permits previously issued with respect to any Indian gaming\nfacility licensed and regulated by that tribe pursuant to subdivision\neleven of this section. As a condition of electing commission oversight\npursuant to this section, an Indian gaming facility shall expressly\ncommit in writing to follow the requirements imposed under this section,\nto adhere to the regulations promulgated by the commission pursuant to\nthis section, and to submit to the commission's enforcement of this\nsection and regulations promulgated thereunder including by waiving\ntribal sovereign immunity for the sole and limited purpose of such\nenforcement of this section. An Indian gaming facility that does not\nelect commission oversight in accordance with the requirements of this\nsection shall remain subject to any other applicable state law governing\nthe licensure and regulation of alcoholic beverages in, on, or about the\nIndian gaming facility.\n  2. Unless otherwise stated, and except where inconsistent with the\npurpose or intent of this article or the common understanding of usage\nthereof, definitions contained in the alcoholic beverage control law\nshall apply to this section. Any definition contained therein shall\napply to the same word in any form.\n  3. Notwithstanding any provision of the alcoholic beverage control law\nto the contrary, the commission shall have the functions, powers and\nduties of the state liquor authority but only with respect to the\nissuance, renewal, transfer, suspension and revocation of licenses and\npermits for the sale of alcoholic beverages at retail for on-premise\nconsumption by any holder of a gaming facility license issued by the\ncommission, or for on-premises consumption at any Indian gaming\nfacility, including, without limitation, the power to fine or penalize a\ncasino or Indian gaming facility alcoholic beverage licensee or\npermittee; to enforce all statutes, laws, rulings, or regulations\nrelating to such license or permit; and to collect license and permit\nfees and establish application standards therefor.\n  4. Except as otherwise provided in this section, the provisions of the\nalcoholic beverage control law and the rules, regulations, bulletins,\norders, and advisories promulgated by the state liquor authority shall\napply to any gaming facility or Indian gaming facility holding a license\nor permit to sell alcoholic beverages under this section.\n  5. Notwithstanding any provision to the contrary, the commission may\npromulgate any regulations and special rulings and findings as may be\nnecessary for the proper enforcement, regulation, and control of\nalcoholic beverages in gaming facilities and Indian gaming facilities\nwhen the commission finds that the uniqueness of gaming facility and\nIndian gaming facility operations and the public interest require that\nsuch regulations, rulings, and findings are appropriate.\n  6. Notwithstanding any provision of law to the contrary, any\nmanufacturer or wholesaler licensed under the alcoholic beverage control\nlaw may, as authorized under the alcoholic beverage control law, sell\nalcoholic beverages to a gaming facility or Indian gaming facility\nholding a retail license or permit to sell alcoholic beverages for\nconsumption on the premises issued under this section, and any gaming\nfacility or Indian gaming facility holding a retail license or permit to\nsell alcoholic beverages for consumption on the premises issued under\nthis section may, as authorized under the alcoholic beverage control\nlaw, purchase alcoholic beverages from a manufacturer or wholesaler\nlicensed under the alcoholic beverage control law.\n  7. It shall be unlawful for any person, including any gaming facility\nor Indian gaming facility licensee, or any of their lessees, agents or\nemployees, to expose for sale, solicit or promote the sale of, possess\nwith intent to sell, sell, give, dispense, or otherwise transfer or\ndispose of alcoholic beverages in, on, or about any portion of the\npremises of a gaming facility or Indian gaming facility, unless said\nperson possesses a license or permit issued under this section.\n  8. It shall be unlawful for any person holding a license or permit to\nsell alcoholic beverages under this section to expose, possess, sell,\ngive, dispense, transfer, or otherwise dispose of alcoholic beverages,\nother than within the terms and conditions of such license or permit,\nthe provisions of the alcoholic beverage control law, the rules and\nregulations promulgated by the state liquor authority, and, when\napplicable, the regulations promulgated pursuant to this article.\nNotwithstanding any other provision of law to the contrary the holder of\na license or permit issued under this section may be authorized to\nprovide complimentary alcoholic beverages under regulations issued by\nthe commission.\n  9. In issuing a casino or Indian gaming facility alcoholic beverage\nlicense or permit, the commission shall describe the scope of the\nparticular license or permit, and the restrictions and limitations\nthereon as it deems necessary and reasonable. The commission may, in a\nsingle casino or Indian gaming facility alcoholic beverage license,\npermit the holder of such a license or permit to perform any or all of\nthe following activities, subject to applicable laws, rules and\nregulations:\n  (a) To sell any alcoholic beverage by the glass or other open\nreceptacle including, but not limited to, an original container, for\non-premise consumption within a facility; provided, however, that no\nalcoholic beverage shall be sold or given for consumption; delivered or\notherwise brought to a patron; or consumed at a gaming table unless so\nrequested by the patron.\n  (b) To sell any alcoholic beverage by the glass or other open\nreceptacle for on-premise consumption within a gaming facility or Indian\ngaming facility.\n  (c) To sell any alcoholic beverage by the glass or other open\nreceptacle or in original containers from a room service location within\nan enclosed room not in a gaming facility or Indian gaming facility;\nprovided, however, that any sale of alcoholic beverages is delivered\nonly to a guest room or to any other room in the gaming facility or\nIndian gaming facility authorized by the commission.\n  (d) To possess or to store alcoholic beverages in original containers\nintended but not actually exposed for sale at a fixed location on a\ngaming facility or Indian gaming facility premises, not in a gaming\nfacility or Indian gaming facility; and to transfer or deliver such\nalcoholic beverages only to a location approved pursuant to this\nsection; provided, however, that no access to or from a storage location\nshall be permitted except during the normal course of business by\nemployees or agents of the licensee, or by licensed employees or agents\nof wholesalers or distributors licensed pursuant to the alcoholic\nbeverage control law and any applicable rules and regulations; and\nprovided further, however, that no provision of this section shall be\nconstrued to prohibit a casino or Indian gaming facility alcoholic\nbeverage licensee from obtaining an off-site storage license from the\nstate liquor authority.\n  10. The commission may revoke, suspend, refuse to renew or refuse to\ntransfer any casino or Indian gaming facility alcoholic beverage license\nor permit, and may fine or penalize the holder of any alcoholic beverage\nlicense or permit issued under this section for violations of any\nprovision of the alcoholic beverage control law, the rules and\nregulations promulgated by the state liquor authority, and the\nregulations promulgated by the commission.\n  11. Jurisdiction over all alcoholic beverage licenses and permits\npreviously issued with respect to the gaming facility or Indian gaming\nfacility is hereby vested in the commission, which in its discretion\nshall by regulation, rule, or policy promptly provide for the conversion\nthereof into a casino or Indian gaming facility alcoholic beverage\nlicense or permit as provided in this section. This section shall not be\nconstrued to affect the validity of any existing licenses and permits\npreviously issued to an Indian gaming facility by the state liquor\nauthority, or the continuation of any administrative actions or\nproceedings commenced by the state liquor authority prior to the\neffective date of the chapter of the laws of 2019 that amended this\nsection. Any such license or permit previously issued to an Indian\ngaming facility by the state liquor authority shall remain valid until\nthe date that such license or permit is duly converted pursuant to this\nsubdivision into a license or permit issued by the commission, and the\ncommission shall assume exclusive jurisdiction over any such previously\nissued license or permit, and over any such previously commenced\nadministrative actions or proceedings.\n  12. (a) Prior to issuing any license under this section, the\ncommission, or its designee, shall consult with the state liquor\nauthority, or its designee, to confirm that such application and such\ngaming facility or Indian gaming facility conforms with all applicable\nprovisions of the alcoholic beverage control law, and all applicable\nrules, regulations, bulletins, orders and advisories promulgated by the\nstate liquor authority;\n  (b) Prior to commencing enforcement actions against any gaming\nfacility or Indian gaming facility licensed under this section, the\ncommission, or its designee, shall consult with the state liquor\nauthority, or its designee, with respect to the application of the\napplicable provisions of the alcoholic beverage control law, and all\napplicable rules, regulations, bulletins, orders and advisories\npromulgated by the state liquor authority on the alleged conduct of such\nlicensee; and\n  (c) The commission, or its designee, shall consult with the state\nliquor authority, or its designee, on a regular basis, but no less than\nonce every three months, regarding any pending applications and\nenforcement matters.\n
N.Y. ENV Law § 21-0501 — New York Code / Act ENV / Article 21 / Title 5 / Section 21-0501
Tri-state compact
Status: in_force

§ 21-0501. Tri-state compact.\n  The tri-state compact as first entered into pursuant to chapter 4 of\nthe laws of 1936, as reenacted by chapter 476 of the laws of 1961, and\nas amended by chapter 1046 of the laws of 1969, is hereby continued. The\ncompact is as follows:\n                            TRI-STATE COMPACT\n  Whereas, The tremendous growth of population and the development of\nthe territory surrounding and adjacent to the harbor of New York has\nresulted in recent years in an increasingly serious pollution of the\nharbor, coastal and tidal waters in such area and the tributary waters\ntherein; and\n  Whereas, Such pollution constitutes a grave menace to the health,\nwelfare and recreational facilities of the people living in such area\nand is occasioning great economic loss; and\n  Whereas, The control of future pollution and the abatement of existing\npollution in the waters in such area is of prime importance to the\npeople living in such area and can best be accomplished through the\nco-operation of the states of New Jersey and New York and Connecticut by\nand through a joint or common agency;\n  Now, therefore, The state of New York and the state of New Jersey and\nthe state of Connecticut do agree and are bound as follows:\n                                ARTICLE I\n  1. Each of the signatory states pledges each to the other faithful\nco-operation in the control of future pollution and agrees to provide\nfor the abatement of existing pollution in the tidal and coastal waters\nin the adjacent portions of the signatory states defined herein as\ncoming within the district, and consistent with such object, to enact\nadequate legislation which will enable each of the signatory states to\nput and maintain the waters thereof in a satisfactory sanitary condition\nand particularly to protect public health; to render safe such waters as\nare now used or may later become available for bathing and recreational\npurposes; to abate and eliminate such pollution as becomes obnoxious or\ncauses a nuisance; to permit the maintenance of major fish life,\nshellfish and marine life in waters now available or that may by\npracticable means be made available for the development of such fish,\nshellfish or marine life; to prevent oil, grease or solids from being\ncarried on the surface of the water; to prevent the formation of sludge\ndeposits along the shores or in the waterways; and with the fulfillment\nof these objectives to abate and avoid incurring unnecessary economic\nloss by safeguarding the rights of the public in its varied legitimate\nuses of the waters of the district.\n                               ARTICLE II\n  1. To that end they do agree that there shall be created and they do\nhereby create a district to be known as the Interstate Environmental\nDistrict (hereinafter referred to as the district) which shall embrace\nthe territory described as follows:\n  All of the coastal, estuarial and tidal waters within or covering\nportions of the signatory states as follows:\n  (a) In Connecticut, Long Island sound and estuaries and tidal waters\nthereof between the easterly side of New Haven harbor at Morgan Point\nand the Connecticut-New York state boundary, and the Housatonic river up\nto the northerly boundary lines of the towns of Stratford and Milford.\n  (b) In New York, all of the tidal waters of Greater New York city;\nincluding Kill Van Kull and Arthur Kill, Long Island Sound and the\nestuaries and tidal waters thereof between the New York city line and\nthe New York-Connecticut state boundary and between the New York city\nline and the easterly side of Port Jefferson harbor; the Atlantic ocean\nand the estuaries and tidal waters thereof between the New York city\nline and the easterly side of Fire Island inlet; and the Hudson river\nand estuaries and tidal waters thereof between the New York and New\nJersey state boundary and the northerly line of Rockland county on the\nwesterly side and between the northerly line of New York city and the\nnortherly line of Westchester county on the easterly side of the river.\n  (c) In New Jersey, the Hudson river and New York upper bay and\nestuaries and tidal waters thereof between the New York-New Jersey\nboundary and Constable Point on Constable Hook, the Kill Van Kull and\nArthur Kill to the mouths of the rivers entering into the Kills; Newark\nbay and the estuaries thereof up to the mouth of the Passaic river; and\nup to the mouth of the Hackensack river; Raritan bay together with the\nRaritan river up to the Victory bridge on said river between Perth Amboy\nand South Amboy; together with the Cheesequake creek up to the New York\nand Long Branch Railroad bridge on said creek at Morgan; together with\nthe Matawan creek up to the New York and Long Branch Railroad bridge on\nsaid creek at Matawan; Sandy Hook bay; together with the Shrewsbury\nriver up to the passenger railroad bridge between Navesink Light and\nHighland Beach on said river.\n                               ARTICLE III\n  1. There is hereby created the Interstate Environmental Commission\n(hereinafter referred to as the commission) which shall be a body\ncorporate and politic, having the powers, duties and jurisdiction herein\nenumerated and such other and additional powers as shall be conferred\nupon it by the act or acts of a signatory state concurred in by the\nothers and by the act or acts of congress when necessary.\n                               ARTICLE IV\n  1. The commission shall consist of five commissioners from each state,\neach of whom shall be a resident voter of the state from which he is\nappointed.\n  The commissioners shall be chosen in the manner and for the terms\nprovided by law of the state from which they shall be appointed, and\neach commissioner may be removed or suspended from office as provided by\nthe law of the state from which he shall be appointed. The commissioners\nshall serve without compensation, but shall be paid their actual\nexpenses incurred and incident to the performance of their duties.\n                                ARTICLE V\n  1. The commission shall elect from its number a chairman and\nvice-chairman and shall appoint and at its pleasure remove or discharge\nsuch officers and legal, clerical, expert and other assistants as may be\nrequired to carry the provisions of this compact into effect, and shall\nfix and determine their duties, qualifications and compensations.\n  It shall adopt a seal and suitable by-laws and shall promulgate rules\nand regulations for its management and control. It may maintain one or\nmore offices for the transaction of its business and may meet at any\ntime or place within the signatory states.\n  A majority of the members from each state shall constitute a quorum\nfor the transaction of business, the exercise of any powers, or the\nperformance of any duties, but no action of the commission shall be\nbinding unless at least three of the members from each state shall vote\nin favor thereof.\n  The commission shall keep accurate accounts of all receipts and\ndisbursements and shall make an annual report to the governor and the\nlegislature of each state setting forth in detail the operations and\ntransactions conducted by it pursuant to this compact, and shall make\nrecommendations for any legislative action deemed by it advisable,\nincluding amendments to the statutes of the signatory states which may\nbe necessary to carry out the intent and purpose of this compact, and\nchanges in the district which concentration of population or other cause\nmay require.\n  The commission shall not incur any obligations for salaries, office or\nother administrative expenses prior to the making of appropriations\nadequate to meet the same; nor shall the commission pledge the credit of\nany of the signatory states except by and with the authority of the\nlegislatures thereof. Each state reserves the right to provide hereafter\nby law for the examination and audit of the accounts of the commission\nby its comptroller or other official.\n  The commissioners shall meet and organize within ten days after the\neffective date of this compact.\n                               ARTICLE VI\n  1. It is recognized by the signatory states that, where tidal waters\nare used for such varied purposes as bathing, navigation, shellfish\nculture, the development of fish life and the disposal of wastes, no\nsingle standard of purity is practicable in all parts of the district.\nIn order to attain the objects of this compact, the commission, after\nproper study and after conducting public hearings upon due notice, shall\ngroup the designated waters of the district into classes. Where local\nconditions shall have changed in the future to such an extent that\nchanges in classification become necessary, the commission may, after\nconducting public hearings upon due notice, adopt such changes.\n  Two general classifications shall be used:\n  (1) Class "A", in which the designated water areas are expected to be\nused primarily for recreational purposes, shellfish culture or the\ndevelopment of fish life;\n  (2) Class "B", in which the designated water areas are not expected to\nbe used primarily for recreational purposes, shellfish culture or the\ndevelopment of fish life.\n                               ARTICLE VII\n  1. It is agreed between the signatory states that no sewage or other\npolluting matters shall be discharged or permitted to flow into, or be\nplaced in, or permitted to fall or move into the tidal waters of the\ndistrict, except under the following conditions and restrictions:\n  (1) All sewage discharged or permitted to flow into Class "A" waters\nof the district shall first have been so treated as\n  (a) to remove all floating solids and at least sixty per centum (60%)\nof the suspended solids; and\n  (b) to effect a reduction of organisms of the B. Coli group\n(intestinal bacilli) so that the probable number of such organisms shall\nnot exceed one per cubic centimeter in more than fifty per centum (50%)\nof the samples of sewage effluent tested by the partially confirmed\ntest; provided, however, that in the case of discharge into waters used\nprimarily for bathing this bacterial standard need not be required\nexcept during the bathing season; and\n  (c) to effect a reduction in the oxygen demand of the sewage effluent\nsufficient to maintain an average dissolved oxygen content in the tidal\nwaters of the district and in the general vicinity of the point of\ndischarge of the sewage into those waters, at a depth of about five feet\nbelow the surface, of not less than fifty per centum (50%) saturation\nduring any week of the year.\n  2. All sewage discharged or permitted to flow into class "B" waters of\nthe district shall first have been so treated as\n  (a) to remove all floating solids and at least ten per centum (10%) of\nthe suspended solids, or such additional percentage as may by reason of\nlocal conditions be necessary to avoid the formation of sludge deposits\nin the class "B" waters of the district; and\n  (b) to effect a reduction in the oxygen demand of the sewage effluent\nsufficient to maintain an average dissolved oxygen content in the tidal\nwaters of the district and in the general vicinity of the point of\ndischarge of the sewage into those waters, at a depth of about five feet\nbelow the surface, of not less than thirty per centum (30%) saturation\nduring any week of the year.\n                              ARTICLE VIII\n  1. Each of the signatory states agrees, that in so far as waters\nwithin its jurisdiction may flow into any portion of the district, all\nsewage discharged or permitted to flow into any stream tributary to the\ntidal waters of the district shall be treated to that extent, if any,\nwhich may be necessary to maintain such tributary immediately above its\nconfluence with the tidal waters of the district in a sanitary condition\nat least equal to the classification requirements determined by the\ncommission for the tidal waters of the district into which it\ndischarges. The waters of the Hudson river, immediately above the mouth\nof Sparkhill creek on the westerly side and the New York-New Jersey\nboundary extended on the easterly side of the river, shall be maintained\nin a sanitary condition at ebb tide at least equal to the sanitary\ncondition prevailing in the waters of the river immediately below said\nboundary at flood tide.\n                               ARTICLE IX\n  1. Nothing in this compact shall be construed to repeal or prevent the\nenactment of any legislation or the enforcement of any requirement by\nany signatory state imposing any additional conditions and restrictions\nto further lessen or prevent the pollution of waters within its\njurisdiction.\n                                ARTICLE X\n  1. Subject to the provisions of this compact the commission, as soon\nas may be after its organization, after an investigation and after\nconducting public hearings upon due notice, shall by order prescribe the\nreasonable date on or before which each municipality or other entity\ndischarging sewage into the designated waters within the district shall\nbe treating such sewage in accordance with the standards specified in\nthis compact. And such order may prescribe that certain specific\nprogress shall be made at certain definite time prior to the final date\nfixed in such order.\n  It is the desire of all parties to accomplish the objects herein set\nforth with the least possible injury to investments which have already\nbeen made in the construction of sewage treatment plants within the\ndistrict, and where changes or additions to such plants would be\nnecessary to conform to the standards herein adopted, a reasonable time\nto effect such changes or additions may, in the discretion of the\ncommission, be granted.\n                               ARTICLE XI\n  1. Each of the signatory states agrees that it will prohibit the\npollution of the said waters within the district in accordance with the\nseveral articles of this compact, and that it will enact suitable and\nadequate legislation which will accomplish effectively the objects of\nthis compact and which will enable its officers, departments, boards and\nagents to accomplish satisfactorily the obligations and duties assumed\nby the state under the terms of this compact, and it is further agreed\nthat the courts of the several states shall have jurisdiction to enforce\nas against any person, corporation, municipality or other entity or any\nemployee, department or subdivision of the respective signatory states\nany and all provisions of this compact.\n  The commission shall have authority to investigate and determine if\nthe requirements of the compact and/or the orders of the commission\npursuant thereto are complied with and if satisfactory progress has not\nbeen made, to bring action in its own name in the proper court or courts\nto compel the enforcement of any and all the provisions of this compact,\nand/or the orders of the commission pursuant thereto.\n                               ARTICLE XII\n  1. In order that future pollution be controlled and existing pollution\nbe abated with the greatest possible economy and efficiency, the\ncommission shall co-operate and advise with the respective state and\ndistrict authorities having jurisdiction over stream pollution, with a\nview to coordinating their activities and securing the most satisfactory\nresults at lower cost. For such purpose the commission may prepare a\ngeneral plan of the most practicable and economical method of securing\nconformity with the standards herein set forth, having in view the\nfuture growth and development of the district.  Such plan when completed\nshall be submitted to the governor and the legislature of each state and\nto the state agency or agencies or district agencies in charge of sewage\nproblems.\n  The provisions of this act shall not affect the discharge from the\noutfall pipes of the Passaic valley sewerage system into the water of\nNew York harbor; provided, however, that said discharge shall be in\naccordance with the terms and provisions of the stipulation entered into\non April fourteenth, one thousand nine hundred ten, between the United\nStates of America and Passaic valley sewerage commissioners.\n                              ARTICLE XIII\n  1. Terms used in this compact are defined as follows:\n  "District" means the area more particularly described in article two\nof this compact.\n  "Commission" means the Interstate Environmental Commission.\n  "Municipality" means any city, incorporated village, borough, county,\ntown, township, district, or any municipality governed by an improvement\ncommission, any joint sewer commission, or any other subdivision of any\none of the signatory states, located within the district.\n  "Rule" or "Regulation" means any rule or regulation established by the\ncommission not inconsistent with the constitution of the United States\nor of any signatory state, promulgated by the commission touching the\nabatement or pollution of the waters of the district.\n  "Tidal waters" means all those waters which ebb and flow within the\ndesignated district.\n  "Dissolved oxygen" is the gaseous oxygen held in solution by the water\nat any given time. It is expressed as a percentage of the maximum amount\nof oxygen that would be required to saturate the water under the\nexisting conditions of temperature and salinity.\n  "Pollution" is any foreign matter which renders waters unfit to\nsustain fish life and unsatisfactory for bathing.\n  "Sewage effluent" means the treated sewage discharged from a treatment\nplant.\n  "Suspended solids" means those solid particles carried in suspension\nin the untreated sewage or sewage effluent.\n  "Entity" means any organization or association owning, controlling or\noperating a sewerage system or treatment plant within a municipality.\n                               ARTICLE XIV\n  1. The signatory states agree to appropriate annually for the\nsalaries, office and other administrative expenses such sum or sums as\nshall be recommended by the commission and approved by the governors of\nthe signatory states, the state of New York and the state of New Jersey\nagreeing each to appropriate forty-five per centum (45%) thereof, and\nthe state of Connecticut agreeing to appropriate ten per centum (10%)\nthereof. The state of New York and the state of New Jersey obligate\nthemselves hereunder, however, only to the extent of fifteen thousand\ndollars ($15,000.00) each in any one year, and the state of Connecticut\nobligated itself hereunder only to the extent of three thousand, three\nhundred thirty-three dollars and thirty-four cents ($3,333.34) in any\none year.\n                               ARTICLE XV\n  1. Should any part of this compact be held to be contrary to the\nconstitution of any signatory state or of the United States, all other\nseverable objects of this compact shall continue to be in full force and\neffect.\n                               ARTICLE XVI\n  1. This compact shall become effective as to the state of New Jersey\nand the state of New York immediately upon the signing thereof by the\nrepresentatives of such states, and thereafter it shall also become\neffective as to the state of Connecticut immediately upon the signing\nthereof by the representatives of such state; provided, however, that\nprior to the signing of this compact by the representatives of the state\nof Connecticut the district as set forth in article two shall not\nembrace any territory within the jurisdiction of the state of\nConnecticut, nor shall the commission exercise any jurisdiction or\nperform any duties or acts affecting such territory; and the\nappropriations for salaries, office and other administrative expenses\nshall be borne equally by the state of New York and the state of New\nJersey.\n  2. Nothing herein contained shall affect or abate any action now\npending brought by any governmental board or body created by or existing\nunder any of the signatory states.\n                              ARTICLE XVII\n  In addition to, or in substitution for, the classifications of waters\nset forth in Articles VI and VII of this compact and the effluent\nstandards made applicable thereto, the Commission may develop and, after\npublic hearing place in force other classifications of waters and\neffluent standards within the District. Such classifications shall be on\nthe basis of present or intended uses of the waters in question and\nshall be accompanied by requirements governing the quality of effluents,\nreceiving waters, or both, as the public interest may make appropriate.\n  Classifications, standards, and requirements adopted pursuant to this\nArticle shall be developed and may be revised with due consideration for\nuniformity of requirements relating to the quality of effluents and\nreceiving waters within the same classification in all parts of the\nDistrict.\n  Classifications made pursuant to this Article shall be governed by and\nshall implement any water and related land resource plans, water use\nplans or pollution control plans adopted by appropriate agencies of the\nsignatory states, acting singly or in concert, or through joint\nintergovernmental agencies. Any exercise of authority by the Commission\npursuant to this Article shall be subject to any procedural\nrequirements, if applicable, that may be contained in federal law.\n  Nothing contained in this Article shall be construed to abridge or\nlimit any power otherwise existing of a signatory state to make and\nenforce classifications, standards, and requirements for effluents and\nreceiving waters.\n
N.Y. SOS Law § 84 — New York Code / Act SOS / Article 3 / Title 5 / Section 84
County commissioner's revolving fund
Status: in_force

§ 84.  County commissioner's revolving fund.  A board of supervisors\nmay authorize the county treasurer to furnish the county commissioner\nwith an emergency revolving fund.  Moneys from this fund shall be used\nonly where it would be a hardship on the applicant or recipient to wait\nfor the issuance of a grant in accordance with regularly established\ndisbursement procedures.  Reimbursement of expenditures from this fund\nshall be made at least monthly upon the presentation of itemized\nstatements or vouchers chargeable to the appropriate programs of\nassistance in accordance with established procedures.\n
N.Y. ELN Law § 8-506 — New York Code / Act ELN / Article 8 / Title 5 / Section 8-506
Challenges; early mail, absentee, military, special federal and special presidential ballots
Status: in_force

§ 8-506. Challenges; early mail, absentee, military, special federal\nand special presidential ballots. 1. During the examination of early\nmail, absentee, military, special federal and special presidential\nvoters' ballot envelopes, any inspector shall, and any watcher or\nregistered voter properly in the polling place may, challenge the\ncasting of any ballot upon the ground or grounds allowed for challenges\ngenerally, or (a) that the voter was not entitled to cast an early mail,\nabsentee, military, special federal or special presidential ballot, or\n(b) that notwithstanding the permissive use of titles, initials or\ncustomary abbreviations of given names, the signature on the ballot\nenvelope does not correspond to the signature on the registration poll\nrecord, or (c) that the voter died before the day of the election. A\nchallenge to an early mail ballot may not be made on the basis that the\nvoter should have applied for an absentee ballot. A challenge to an\nabsentee ballot may not be made on the basis that the voter should have\napplied for an early mail ballot.\n  2. The board of inspectors forthwith shall proceed to determine each\nchallenge. Unless the board by majority vote shall sustain the\nchallenge, an inspector shall endorse upon the envelope the nature of\nthe challenge and the words "not sustained", shall sign such\nendorsement, and shall proceed to cast the ballot as provided herein.\nShould the board, by majority vote, sustain such challenge, the reason\nand the word "sustained" shall be similarly endorsed upon the envelope\nand an inspector shall sign such endorsement. The envelope shall not be\nopened and such envelope shall be returned unopened to the board of\nelections. If a challenge is sustained after the ballot has been removed\nfrom the envelope, but before it has been deposited in the ballot box,\nsuch ballot shall be rejected without being unfolded or inspected and\nshall be returned to the envelope. The board shall immediately enter the\nreason for sustaining the challenge on such envelope and an inspector\nshall sign such endorsement.\n  3. If the board of inspectors determines by majority vote that it\nlacks sufficient knowledge and information to determine the validity of\na challenge, the inspectors shall endorse upon the ballot envelope the\nwords "unable to determine", enter the reason for the challenge in the\nappropriate section of the challenge report and return the envelope\nunopened to the board of elections. Such ballots shall be cast and\ncanvassed pursuant to the provisions of section 9-209 of this chapter.\n
N.Y. VAT Law § 511-C — New York Code / Act VAT / Title 5 / Article 20 / Section 511-C
Seizure and forfeiture of vehicles used in the unlicensed operation of a motor vehicle under certain circumstances
Status: in_force

§ 511-c. Seizure and forfeiture of vehicles used in the unlicensed\noperation of a motor vehicle under certain circumstances.  1. For\npurposes of this section:\n  (a) The term "owner" shall mean an owner as defined in section one\nhundred twenty-eight and in subdivision three of section three hundred\neighty-eight of this chapter.\n  (b) The term "security interest" shall mean a security interest as\ndefined in subdivision (k) of section two thousand one hundred one of\nthis chapter.\n  (c) The term "termination of the criminal proceeding" shall mean the\nearliest of (i) thirty-one days following the imposition of sentence; or\n(ii) the date of acquittal of a person arrested for an offense; or (iii)\nwhere leave to file new charges or to resubmit the case to a new grand\njury is required and has not been granted, thirty-one days following the\ndismissal of the last accusatory instrument filed in the case, or, if\napplicable, upon expiration of the time granted by the court or\npermitted by statute for filing new charges or resubmitting the case to\na new grand jury; or (iv) where leave to file new charges or to resubmit\nthe case to a new grand jury is not required, thirty-one days following\nthe dismissal of the last accusatory instrument filed in the case, or,\nif applicable, upon expiration of the time granted by the court or\npermitted by statute for filing new charges or resubmitting the case to\na new grand jury; or (v) six months from the issuance of an "adjournment\nin contemplation of dismissal" order pursuant to section 170.55 of the\ncriminal procedure law, where the case is not restored to the court's\ncalendar within the applicable six-month period; or (vi) the date when,\nprior to the filing of an accusatory instrument against a person\narrested for an offense, the prosecuting authority elects not to\nprosecute such person.\n  2. Any motor vehicle which has been or is being used in violation of\nparagraph (a) of subdivision three of section five hundred eleven of\nthis article may be seized by any peace officer, acting pursuant to his\nor her special duties, or police officer, and forfeited as hereinafter\nprovided in this section.\n  3. A vehicle may be seized upon service of a notice of violation upon\nthe owner or operator of a vehicle. The seized motor vehicle shall be\ndelivered by the officer having made the seizure to the custody of the\ndistrict attorney of the county wherein the seizure was made, except\nthat in the cities of New York, Yonkers, Rochester and Buffalo the\nseized motor vehicle shall be delivered to the custody of the police\ndepartment of such cities and such motor vehicle seized by a member or\nmembers of the state police shall be delivered to the custody of the\nsuperintendent of state police, together with a report of all the facts\nand circumstances of the seizure. Within one business day after the\nseizure, notice of such violation and a copy of the notice of violation\nshall be mailed to the owner of such vehicle at the address for such\nowner set forth in the records maintained by the department of motor\nvehicles or, for vehicles not registered in New York state, such\nequivalent record in such state of registration.\n  4. (a) The attorney general in seizures by members of the state\npolice, or the district attorney of the county wherein the seizure is\nmade, if elsewhere than in the cities of New York, Yonkers, Rochester or\nBuffalo, or where the seizure is made in such cities, the corporation\ncounsel of the city shall inquire into the facts of the seizure so\nreported to him or her. If it appears that there is a basis for the\ncommencement and prosecution of a forfeiture proceeding pursuant to this\nsection, any such forfeiture proceeding shall be commenced in supreme\ncourt not later than twenty days after the date of receipt of a written\ndemand by a person claiming ownership of the motor vehicle accompanied\nby the documentation required to be presented upon release of the\nvehicle pursuant to subparagraphs (i), (ii), and (iv) of paragraph (a)\nof subdivision five of this section.\n  (b) Where forfeiture proceedings are commenced and prosecuted pursuant\nto this section, the motor vehicle which is the subject of such\nproceedings shall remain in the custody of such district attorney,\npolice department or superintendent of state police, as applicable,\npending the final determination of such proceedings.\n  (c) To the extent applicable, the procedures of article thirteen-A of\nthe civil practice law and rules shall govern proceedings and actions\nunder this section.\n  5. A motor vehicle seized pursuant to this section shall be released\nwhen:\n  (a) (i) Such attorney general, district attorney or corporation\ncounsel has made a determination not to institute forfeiture proceedings\npursuant to this section or the time period within which a forfeiture\nproceeding could have been commenced pursuant to this section has\nelapsed and no such forfeiture proceeding was commenced or the criminal\nproceeding has been terminated in favor of the accused, as defined in\nsubdivision three of section 160.50 of the criminal procedure law; and\n  (ii) The person seeking to claim the motor vehicle has furnished\nsatisfactory evidence of registration and financial security and, if the\nperson was the operator of the vehicle at the time of the violation of\nparagraph (a) of subdivision three of section five hundred eleven of\nthis article, satisfactory evidence of payment of any fines or penalties\nimposed in connection therewith; and\n  (iii) Payment has been made for the reasonable costs of removal and\nstorage of the motor vehicle. The owner of the motor vehicle shall be\nresponsible for such payment provided, however, that if he or she was\nnot the operator at the time of the offense, such person shall have a\ncause of action against such operator to recover such costs. Payment\nprior to release of the motor vehicle shall not be required in cases\nwhere the seized motor vehicle was stolen or rented or leased pursuant\nto a written agreement for a period of thirty days or less, however the\noperator of such a motor vehicle shall be liable for the costs of\nremoval and storage of the motor vehicle to any entity rendering such\nservice; and\n  (iv) If the motor vehicle is held as evidence, the person seeking to\nclaim the motor vehicle has presented a release from the prosecuting\nauthority providing that the motor vehicle is not needed as evidence.\n  (b) (i) Pending completion of forfeiture proceedings which have been\ncommenced, the person seeking to claim the motor vehicle has posted a\nbond in a form satisfactory to such attorney general, district attorney\nor corporation counsel in an amount that shall not exceed an amount\nsufficient to cover the maximum fines or civil penalties which may be\nimposed for the violation underlying the seizure and all reasonable\ncosts for removal and storage of such vehicle; and\n  (ii) The persons seeking to claim the motor vehicle has furnished\nsatisfactory evidence of registration and financial security.\n  6. Where a demand for the return of a motor vehicle is not made within\nninety days after the termination of the criminal proceeding founded\nupon the charge of aggravated unlicensed operation of a motor vehicle in\nthe first degree, such motor vehicle shall be deemed to be abandoned.\nSuch vehicle shall be disposed of by the county, cities of New York,\nYonkers, Rochester or Buffalo or the state, as applicable, in accordance\nwith section twelve hundred twenty-four of this chapter or as otherwise\nprovided by law.\n  7. Notice of the institution of the forfeiture proceeding shall be\nserved:\n  (a) By personal service pursuant to the civil practice law and rules\nupon all owners of the seized motor vehicle listed in the records\nmaintained by the department, or for vehicles not registered in New York\nstate, in the records maintained by the state of registration; and\n  (b) By first class mail upon all individuals who have notified such\nattorney general, district attorney or corporation counsel that they are\nan owner of the vehicle and upon all persons holding a security interest\nin such motor vehicle which security interest has been filed with the\ndepartment pursuant to the provisions of title ten of this chapter, at\nthe address set forth in the records of such department, or for motor\nvehicles not registered in New York state, all persons holding a\nsecurity interest in such motor vehicle which security interest has been\nfiled with such state of registration, at the address provided by such\nstate of registration.\n  8. Any owner who receives notice of the institution of a forfeiture\naction who claims an interest in the motor vehicle subject to forfeiture\nshall assert a claim for the recovery of the motor vehicle or\nsatisfaction of the owner's interest in such motor vehicle by\nintervening in the forfeiture action in accordance with subdivision (a)\nof section one thousand twelve of the civil practice law and rules. Any\nperson with a security interest in such vehicle who receives notice of\nthe institution of the forfeiture action shall assert a claim for the\nsatisfaction of such person's security interest in such vehicle by\nintervening in the forfeiture action in accordance with subdivision (a)\nof section one thousand twelve of the civil practice law and rules.  If\nthe action relates to a vehicle in which a person holding a security\ninterest has intervened pursuant to this subdivision, the burden shall\nbe upon the designated official to prove by clear and convincing\nevidence that such intervenor knew that such vehicle was or would be\nused for the commission of a violation of subparagraph (ii) of paragraph\n(a) of subdivision three of section five hundred eleven of the vehicle\nand traffic law and either (a) knowingly and unlawfully benefitted from\nsuch conduct or (b) voluntarily agreed to the use of the vehicle for the\ncommission of such violation by consent freely given. For purposes of\nthis subdivision, such intervenor knowingly and unlawfully benefited\nfrom the commission of such violation when he or she derived in exchange\nfor permitting the use of such vehicle by a person or persons committing\nsuch specified violation a substantial benefit that would otherwise not\nhave accrued as a result of the lawful use of such vehicle. "Benefit"\nmeans benefit as defined in subdivision seventeen of section 10.00 of\nthe penal law.\n  9. No motor vehicle shall be forfeited under this section to the\nextent of the interest of a person who claims an interest in the motor\nvehicle, where such person pleads and proves that:\n  (a) The use of such motor vehicle for the conduct that was the basis\nfor a seizure occurred without the knowledge of such person, or if such\nperson had knowledge of such use, without the consent of such person,\nand that such person did not knowingly obtain such interest in the motor\nvehicle in order to avoid the forfeiture of such vehicle; or\n  (b) The conduct that was the basis for such seizure was committed by\nany person other than such person claiming an interest in the motor\nvehicle, while such motor vehicle was unlawfully in the possession of a\nperson who acquired possession thereof in violation of the criminal laws\nof the United States or any state.\n  10. The court in which a forfeiture action is pending may dismiss said\naction in the interests of justice upon its own motion or upon an\napplication as provided for herein.\n  (a) At any time during the pendency of a forfeiture action, the\ndesignated official who instituted the action, or a defendant may apply\nfor an order dismissing the complaint and terminating the forfeiture\naction in the interest of justice.\n  (b) Such application for the relief provided in paragraph (a) of this\nsubdivision must be made in writing and upon notice to all parties. The\ncourt may, in its discretion, direct that notice be given to any other\nperson having an interest in the property.\n  (c) An application for the relief provided for in paragraph (a) of\nthis subdivision must be brought exclusively in the superior court in\nwhich the forfeiture action is pending.\n  (d) The court may grant the relief provided in paragraph (a) of this\nsubdivision if it finds that such relief is warranted by the existence\nof some compelling factor, consideration or circumstance demonstrating\nthat forfeiture of the property or any part thereof, would not serve the\nends of justice. Among the factors, considerations and circumstances the\ncourt may consider, among others, are:\n  (i) the seriousness and circumstances of the crime to which the\nproperty is connected relative to the impact of forfeiture of property\nupon the person who committed the crime; or\n  (ii) the adverse impact of a forfeiture of property upon innocent\npersons.\n  (e) The court must issue a written decision stating the basis for an\norder issued pursuant to this subdivision.\n  11. The district attorney, police department or superintendent of\nstate police having custody of the seized motor vehicle, after such\njudicial determination of forfeiture, shall, by a public notice of at\nleast twenty days, sell such forfeited motor vehicle at public sale. The\nnet proceeds of any such sale, after deduction of the lawful expenses\nincurred, shall be paid into the general fund of the county wherein the\nseizure was made, provided, however, that the net proceeds of the sale\nof a motor vehicle seized in the cities of New York, Yonkers, Rochester\nand Buffalo shall be paid into the respective general funds of such\ncities, and provided further that the net proceeds of the sale of a\nmotor vehicle seized by the state police shall be paid into the state\npolice seized assets account.\n  12. In any action commenced pursuant to this section, where the court\nawards a sum of money to one or more persons in satisfaction of such\nperson's or persons' interest or interests in the forfeited motor\nvehicle, the total amount awarded to satisfy such interest or interests\nshall not exceed the amount of the net proceeds of the sale of the\nforfeited motor vehicle, after deduction of the lawful expenses incurred\nby the county, cities of New York, Yonkers, Rochester or Buffalo or the\nstate, as applicable, and storage of the motor vehicle between the time\nof seizure and the date of sale.\n  13. At any time within two years after the seizure, any person\nclaiming an interest in a motor vehicle which has been forfeited\npursuant to this section who was not sent notice of the commencement of\nthe forfeiture action pursuant to subdivision seven of this section, or\nwho did not otherwise receive actual notice of the forfeiture action,\nmay assert in an action commenced before the justice of the supreme\ncourt before whom the forfeiture action was held such claim as could\nhave been asserted in the forfeiture action pursuant to this section.\nThe court may grant the relief sought upon such terms and conditions as\nit deems reasonable and just if the person claiming an interest in the\nmotor vehicle establishes that he or she was not sent notice of the\ncommencement of the forfeiture action and was without actual knowledge\nof the forfeiture action, and establishes either of the affirmative\ndefenses set forth in subdivision nine of this section.\n  14. No action under this section for wrongful seizure shall be\ninstituted unless such action is commenced within two years after the\ntime when the motor vehicle was seized.\n
N.Y. ENV Law § 37-0511 — New York Code / Act ENV / Article 37 / Title 5 / Section 37-0511
Rules and regulations
Status: in_force

§ 37-0511. Rules and regulations.\n  The department is authorized to promulgate such rules and regulations\nas it shall deem necessary to implement the provisions of this title.\n
N.Y. PBA Law § 914 — New York Code / Act PBA / Article 4 / Title 5 / Section 914
Audit and annual reports
Status: in_force

§ 914. Audit and annual reports. In conformity with the provisions of\nsection five of article ten of the constitution, the accounts of the\nauthority shall be subject to the supervision of the state comptroller\nand an annual audit shall be performed by an independent certified\npublic accountant. The authority shall annually submit to the county\nlegislature, county executive, governor and the state comptroller and to\nthe chairperson of the senate finance committee and the chairperson of\nthe assembly ways and means committee a detailed report pursuant to the\nprovisions of section twenty-eight hundred of this chapter, and a copy\nof such report shall be filed with the clerk of the county legislature\nand the county executive.\n
N.Y. ENV Law § 56-0508 — New York Code / Act ENV / Article 56 / Title 5 / Section 56-0508
Foreclosure of a tax lien
Status: in_force

§ 56-0508. Foreclosure of a tax lien.\n  Notwithstanding any general, special or local law or ordinance to the\ncontrary:\n  1. upon the commencement of a proceeding to foreclose a tax lien, the\ntaxing district bringing the proceeding or any taxing district other\nthan the one foreclosing the tax lien, having any right, title, or\ninterest in, or lien upon, any parcel described in the petition of\nforeclosure may upon twenty days notice to all parties having any right,\ntitle, or interest in, or lien upon such parcel, move, at a special term\nin the court in which the foreclosure proceeding was brought, for an\norder granting such taxing district the temporary incidents of ownership\nof such parcel for the sole purpose of entering the parcel and\nconducting an environmental restoration investigation project upon such\nparcel.\n  2. unless prior to the return date of the motion brought pursuant to\nthis section the parcel has been redeemed by a party having the right of\nredemption, the court shall enter an order granting such relief to such\ntaxing district, or, if more than one taxing district applies for such\nright, to the taxing district which the court determines has the\ngreatest public interest, but, where possible and proper, preferences\nfor such relief should be accorded first to cities and villages, second\nto towns, and third to counties. Such order shall be granted upon such\nterms and conditions as the court shall deem just and proper to permit\nthe environmental investigation to go on unhindered as well as to\nprotect the interests of all other parties having a right, title, or\ninterest in such parcel. Such order shall act as a stay to the\nforeclosure action on such parcel until the environmental restoration\ninvestigation project has been completed and the final investigation\nreport filed with the court pursuant to subdivision four of this section\nor such other time as the court may deem proper, and particularly upon a\nfinding by the court that the investigation has not been carried out in\nan expeditious manner.\n  3. such temporary incidents of ownership by such taxing district shall\nalso qualify it as being the owner of such property to be eligible for\nfunding from the state of New York for such environmental restoration\ninvestigation project under this article or for such funding from any\nsource pursuant to any other state, federal, or local law, but such\nincidents of ownership shall not be sufficient to qualify it as the\nowner of such property for the purposes of holding it wholly or\npartially liable for any damages, past, present, or future from any\nrelease of any hazardous material, substance, or contaminant into the\nair, ground, or water, unless such release was caused by such taxing\ndistrict.\n  4. within thirty days of the completion of the environmental\nrestoration investigation project and the receipt by the taxing\njurisdiction of the final report of such investigation, such taxing\njurisdiction shall file such report with the court on notice to the\ncourt and all other parties of record, and the stay of the foreclosure\nshall be lifted (unless lifted earlier by a prior court order), and all\nincidents of temporary ownership of the taxing jurisdiction that was\nawarded such taxing district, except any right for the environmental\nrestoration investigation project to be funded, shall cease to exist,\nand nothing in this subdivision shall preclude the taxing jurisdiction\nthat conducted the environmental restoration investigation project or\nthe taxing jurisdiction that commenced the foreclosure action, if it is\na different taxing jurisdiction than the taxing jurisdiction which\nconducted the investigation, from withdrawing the parcel from\nforeclosure pursuant to section eleven hundred thirty-eight of the real\nproperty tax law.\n  5. all costs associated with any environmental restoration\ninvestigation project conducted pursuant to the authority of this\nsection shall be added to the taxes owed to, and the tax lien of, the\ntaxing district that undertook the environmental restoration\ninvestigation project pursuant to this section.\n
N.Y. BNK Law § 5050 — New York Code / Act BNK / Article 15 / Title 5-A / Section 5050
Company finance
Status: in_force

§ 5050. Company finance. Notwithstanding the provisions of title five\nof this article, the allocation of profits and losses, and the\ndistribution of cash or other assets of a limited liability investment\ncompany or limited liability trust company shall be in accordance with\narticle five of the limited liability company law.\n
N.Y. ENV Law § 15-0501 — New York Code / Act ENV / Article 15 / Title 5 / Section 15-0501
Protection of certain streams; disturbances of stream beds; permit
Status: in_force

§ 15-0501. Protection of certain streams; disturbances of stream beds;\n             permit.\n  1. Except as provided in subdivisions 4, 5, 6 and 7 of this section,\nno person or public corporation shall change, modify or disturb the\ncourse, channel or bed of any stream as defined in subdivision 2, or\nremove any sand, gravel or other material from the bed or banks of such\na stream without a permit issued pursuant to subdivision 3 of this\nsection.\n  2. For the purposes of this section, stream shall mean that portion of\nany fresh surface watercourse, except lakes or ponds having a surface\narea greater than ten acres at mean low water level, for which the\ndepartment has adopted or may hereafter adopt pursuant to section\n17-030l, any of the following classifications or standards:\n  AA and AA (T),\n  A and A (T),\n  B and B (T),\n  C (T)\n  Small ponds or lakes with a surface area at mean low water level of\nten acres or less, located in the course of a stream, shall be\nconsidered a part of the stream and subject to regulation under this\nsection.\n  3. Permit.\n  a. Before granting a permit, a permit renewal or a permit modification\npursuant to this section, the department shall ascertain the probable\neffect on the health, safety and welfare of the people of the state, and\nthe effect on the natural resources of the state, including soil,\nforests, water, fish and aquatic resources therein, likely to result\nfrom the proposed project or work.\n  b. In order to minimize the disturbance of a stream and in order to\nprevent unreasonable erosion of soil, increased turbidity of the waters,\nirregular variations in velocity, temperature and level of waters, the\nloss of fish and aquatic wildlife and the destruction of natural habitat\nthereof, and the danger of flood or pollution, the department shall\nreview the permit application or request for renewal or modification of\nan existing permit and may approve the manner and the extent to which\nthe stream bed or channel may be changed, altered or modified and may\nlimit the quantity of sand, gravel or other material to be removed,\ndesignate the location in the bed, channel or banks of the stream from\nwhich the sand, gravel or other material may be removed, or it may deny\nthe permit or request.\n  c. The rules and regulations adopted by the department to implement\nthis section and the provisions of article 70 of this chapter and rules\nand regulations adopted thereunder shall govern the processing of permit\napplications, renewals, modifications, suspensions and revocations under\nthis section.\n  4. No permit under this section shall be required of any local public\ncorporation which has entered into a written memorandum of understanding\nwith the department establishing the plan of operation to be followed in\ncarrying out projects or work affecting water courses so as to afford\nproper protection to the public beneficial uses of such water courses.\n  5. No permit under this section shall be required of any state\ndepartment or state public corporation. State departments and state\npublic corporations may enter into a written memorandum of understanding\nwith the department concerning projects or work of the type for which a\npermit would be required under this section if the project or work were\nundertaken by a person or local public corporation. The memorandum may\nestablish procedures for review by the department of the plans for such\nprojects or work and for written recommendations by the department with\nrespect thereto.\n  6.  No permit under this section shall be required for emergency work\nin a stream or on its banks which is immediately necessary to protect\nthe health, safety and well-being of any person or persons or to prevent\ndamage to personal or real property, provided that the department is\ngiven written notification by registered mail or telegraph within\nforty-eight hours after the commencement of the work and within\nforty-eight hours following the completion of such work.  Whenever\nemergency work is performed as provided in this subdivision, it shall be\nperformed in a manner that will cause the least change, modification,\ndisturbance or damage to the course or bed of the stream and its banks.\n  7. No permit under this section shall be required for certain\nagricultural activities of persons and corporations actively cultivating\nland devoted to agriculture whether or not the same be along a stream or\nwatercourse as described in subdivision 2; providing that these\nagricultural activities consist only of crossing and recrossing of such\nstreams or watercourses by livestock or by wheeled farm equipment\nnormally used for traditional agricultural purposes; or the use of such\nstream or watercourse for withdrawal of water for irrigation where such\nwithdrawal does not require altering the bed, banks or course of the\nstream in any manner.\n  8. The requirements of this section shall be in addition to those\nspecified in section 15-0505 of this title, provided however, that the\ndepartment may, by rule and regulation, provide that only one\napplication for a permit or request for renewal or modification of an\nexisting permit need be filed with the proposed project or work requires\na department permit under this section and section 15-0505 of this\ntitle.\n
N.Y. BNK Law § 5012 — New York Code / Act BNK / Article 15 / Title 5 / Section 5012
Purchase or redemption by a corporation of its own shares
Status: in_force

§ 5012. Purchase or redemption by a corporation of its own shares. 1.\nA corporation may purchase its own shares, or pay stockholders entitled\nto receive payment for their shares, when permitted or required under\nany other provision of this chapter.\n  2. To effect retirement of its common shares reacquired under section\none hundred forty-a of this chapter, or of its preferred shares in\naccordance with any provision in its organization certificate, a\ncorporation may, with the written approval of the superintendent,\npurchase or redeem such shares out of undivided profits or surplus or,\nto the extent of the par value of such shares, out of capital stock.\n  3. Nothing in this title shall prevent a corporation from returning to\nstockholders any amounts made available for such purpose by a reduction\nof capital stock in accordance with section eight thousand two.\n
N.Y. PBA Law § 913 — New York Code / Act PBA / Article 4 / Title 5 / Section 913
Actions against authority
Status: in_force

§ 913. Actions against authority. 1. Except in an action for wrongful\ndeath, no action or special proceeding shall be prosecuted or maintained\nagainst the authority, its members, officers or employees for personal\ninjury or damage to real or personal property alleged to have been\nsustained by reason of the negligence, tort or wrongful act of the\nauthority or of any member, officer, agent or employee thereof, unless\n(a) notice of claim shall have been made and served upon the authority\nwithin the time limit set by and in compliance with section fifty-e of\nthe general municipal law, (b) it shall appear by and as an allegation\nin the complaint or moving papers that at least thirty days have elapsed\nsince the service of such notice and that adjustment or payment thereof\nhas been neglected or refused, (c) the action or special proceeding\nshall be commenced within one year and ninety days after the happening\nof the event upon which the claim is based, and (d) an action, against\nthe authority for wrongful death shall be commenced in accordance with\nthe notice of claim and time limitation provisions of title eleven of\narticle nine of this chapter.\n  2. Whenever a notice of claim is served upon the authority, it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  3. The authority shall have power to settle or adjust all claims in\nfavor of or against the authority.\n  4. Any action or proceeding to which the authority or the people of\nthe state may be parties, in which any question arises as to the\nvalidity of this title, shall be preferred over all other civil causes\nof action or cases, except election causes of action or cases, in all\ncourts of the state and shall be heard and determined in preference to\nall other civil business pending therein except election causes,\nirrespective of position on the calendar. The same performance shall be\ngranted upon application of the authority or its counsel in any action\nor proceeding questioning the validity of this title in which the\nauthority may be allowed to intervene. The venue of any such action or\nproceeding shall be in the supreme court of the county of Suffolk.\n  5. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment on its bonds, shall be the\nrate prescribed by section five thousand four of the civil practice law\nand rules. Interest on payments of principal or interests on any bonds\nin default shall accrue at the rate borne by such bonds from the due\ndate thereof until paid or otherwise satisfied.\n  6. All actions or proceedings against the authority of whatever nature\nshall be brought in the county.\n
N.Y. PBA Law § 3610 — New York Code / Act PBA / Article 10-C / Title 5 / Section 3610
State and towns not liable on corporation bonds
Status: in_force

§ 3610. State and towns not liable on corporation bonds. (a) The state\nshall not be liable on the bonds or notes of the corporation and such\nbonds or notes shall not be a debt of the state, and such bonds and\nnotes shall contain on the face thereof a statement to such effect.\n  (b) Except as may be authorized by the town pursuant to section seven\nof article seventeen of the state constitution and section thirty-six\nhundred eight of this title, the town shall not be liable on the bonds\nor notes of the corporation and such bonds or notes shall not be a debt\nof the town, and such bonds and notes shall contain on the face thereof\na statement to such effect or a statement describing the town liability\nthereon, if any.\n
N.Y. EDN Law § 3604 — New York Code / Act EDN / Title 5 / Article 73 / Part 1 / Section 3604
Conditions under which districts are entitled to apportionment
Status: in_force

§ 3604. Conditions under which districts are entitled to\napportionment.  Apportionment of state funds shall be made subject to\nthe following conditions:\n  4. The apportionments provided for in section thirty-six hundred two\nof this chapter are for the purpose of aiding school districts in paying\nthe salaries of teachers and the cost of school maintenance, and the\nsums so apportioned to such school districts shall be applied for such\npurposes and such sums shall not in any case be placed in the city\ntreasury of any city to the credit of the general fund of such city for\nthe reduction of taxation therein, notwithstanding any provision to the\ncontrary contained in the charter of such city or in any act relating to\nsuch city or in any general, special or local law.\n  5. a. State aid adjustments. All errors or omissions in the\napportionment shall be corrected by the commissioner. Whenever a school\ndistrict has been apportioned less money than that to which it is\nentitled, the commissioner may allot to such district the balance to\nwhich it is entitled. Whenever a school district has been apportioned\nmore money than that to which it is entitled, the commissioner may, by\nan order, direct such moneys to be paid back to the state to be credited\nto the general fund local assistance account for state aid to the\nschools, or may deduct such amount from the next apportionment to be\nmade to said district, provided, however, that, upon notification of\nexcess payments of aid for which a recovery must be made by the state\nthrough deduction of future aid payments, a school district may request\nthat such excess payments be recovered by deducting such excess payments\nfrom the payments due to such school district and payable in the month\nof June in (i) the school year in which such notification was received\nand (ii) the two succeeding school years, provided further that there\nshall be no interest penalty assessed against such district or collected\nby the state. Such request shall be made to the commissioner in such\nform as the commissioner shall prescribe, and shall be based on\ndocumentation that the total amount to be recovered is in excess of one\npercent of the district's total general fund expenditures for the\npreceding school year. The amount to be deducted in the first year shall\nbe the greater of (i) the sum of the amount of such excess payments that\nis recognized as a liability due to other governments by the district\nfor the preceding school year and the positive remainder of the\ndistrict's unreserved fund balance at the close of the preceding school\nyear less the product of the district's total general fund expenditures\nfor the preceding school year multiplied by five percent, or (ii)\none-third of such excess payments. The amount to be recovered in the\nsecond year shall equal the lesser of the remaining amount of such\nexcess payments to be recovered or one-third of such excess payments,\nand the remaining amount of such excess payments shall be recovered in\nthe third year. Provided further that, notwithstanding any other\nprovisions of this subdivision, any pending payment of moneys due to\nsuch district as a prior year adjustment payable pursuant to paragraph c\nof this subdivision for aid claims that had been previously paid as\ncurrent year aid payments in excess of the amount to which the district\nis entitled and for which recovery of excess payments is to be made\npursuant to this paragraph, shall be reduced at the time of actual\npayment by any remaining unrecovered balance of such excess payments,\nand the remaining scheduled deductions of such excess payments pursuant\nto this paragraph shall be reduced by the commissioner to reflect the\namount so recovered. The commissioner shall certify no payment to a\nschool district based on a claim submitted later than three years after\nthe close of the school year in which such payment was first to be made.\nFor claims for which payment is first to be made in the nineteen hundred\nninety-six--ninety-seven school year, the commissioner shall certify no\npayment to a school district based on a claim submitted later than two\nyears after the close of such school year. For claims for which payment\nis first to be made in the nineteen hundred ninety-seven--ninety-eight\nschool year and thereafter, the commissioner shall certify no payment to\na school district based on a claim submitted later than one year after\nthe close of such school year. Provided, however, no payments shall be\nbarred or reduced where such payment is required as a result of a final\naudit of the state. It is further provided that, until June thirtieth,\nnineteen hundred ninety-six, the commissioner may grant a waiver from\nthe provisions of this section for any school district if it is in the\nbest educational interests of the district pursuant to guidelines\ndeveloped by the commissioner and approved by the director of the\nbudget.\n  b. Claims resulting from court orders or judgments. Any payment which\nwould be due as the result of a court order or judgment shall not be\nbarred, provided that, commencing January first, nineteen hundred\nninety-six, such court order or judgment and any other data required\nshall be filed with the comptroller within one year from the date of the\ncourt order or judgment, and provided further that the commissioner\nshall certify no payment to a school district for a specific school year\nthat is based on a claim that results from a court order or judgement so\nfiled with the comptroller unless the total value of such claim, as\ndetermined by the commissioner, is greater than one percent of the\nschool district's total revenues from state sources as previously\nrecorded in the general fund and reported to the comptroller in the\nannual financial report of the school district for such school year.\n  c. Payment of moneys due for prior years. State aid payments due for\nprior years in accordance with the provisions of this subdivision shall\nbe paid within the limit of the appropriation designated therefor\nprovided, however, that each eligible claim shall be payable in the\norder that it has been approved for payment by the commissioner, but in\nno case shall a single claim draw down more than forty percent of the\nappropriation so designated for a single year, and provided further that\nno claim shall be set aside for insufficiency of funds to make a\ncomplete payment, but shall be eligible for a partial payment in one\nyear and shall retain its priority date status for appropriations\ndesignated for such purposes in future years.\n  6. The commissioner of education may also in his discretion excuse the\ndefault of a trustee or a board of education in employing a teacher not\nlegally qualified, legalize the time so taught and authorize the payment\nof the salary of such teacher.\n  7. No district shall be entitled to any portion of such school moneys\non such apportionment unless the report of the trustees or board of\neducation for the preceding school year shall show that the public\nschools were actually in session in the district and taught by a\nqualified teacher or by successive qualified teachers or by qualified\nteachers for not less than one hundred eighty days. The moneys payable\nto a school district pursuant to section thirty-six hundred nine-a of\nthis part in the current year shall be reduced by one one-hundred\neightieth of the district's total foundation aid for the base year for\neach day less than one hundred eighty days that the schools of the\ndistrict were actually in session, except that the commissioner may\ndisregard such reduction in the apportionment of public money: (i) for\nany day or days on which session had been previously scheduled but the\nsuperintendent was required to close the school or schools due to a\nproperly executed declaration of a state or local state of emergency\npursuant to article two-B of the executive law; or (ii) for up to five\ndays if he or she finds that the schools of the district were not in\nsession for one hundred eighty days because of extraordinarily adverse\nweather conditions, impairment of heating facilities, insufficiency of\nwater supply, shortage of fuel, lack of electricity, natural gas\nleakage, unacceptable levels of chemical substances, a credible threat\nto student safety as reasonably determined by a lead school official or\nthe destruction of a school building either in whole or in part, and if,\nfurther, the commissioner finds that such district cannot make up such\ndays of instruction by using for the secondary grades all scheduled\nvacation days which occur prior to the first scheduled regents\nexamination day in June, and for the elementary grades all scheduled\nvacation days which occur prior to the last scheduled regents\nexamination day in June; or (iii) for any day or days in the two\nthousand nineteen -- two thousand twenty school year on which session\nhad been previously scheduled but the chancellor of the city school\ndistrict of the city of New York or the superintendent of a district\nclosed the school or schools due to a determination by the chancellor or\nsuperintendent that it was in the best interest of public health or\nsafety of the school district to close the school or schools in response\nto the novel coronavirus, COVID-19. For the purposes of this\nsubdivision, "scheduled vacation days" shall mean days on which the\nschools of the district are not in session and for which no prohibition\nexists in subdivision eight of this section for them to be in session.\n  8. No school shall be in session on a Saturday, the first day of the\nsecond lunar month after the winter solstice in the preceding calendar\nyear known as Asian Lunar New Year, or a legal holiday, except general\nelection day, Washington's birthday and Lincoln's birthday, and except\nthat driver education classes may be conducted on a Saturday. A\ndeficiency not exceeding four days during any school year caused by\nteachers' attendance upon conferences held by superintendents of schools\nof city school districts or other school districts employing\nsuperintendents of schools shall be excused by the commissioner,\nnotwithstanding any provision of law, rule or regulation to the\ncontrary, a school district may elect to schedule such conference days\nin the last two weeks of August, subject to collective bargaining\nrequirements pursuant to article fourteen of the civil service law, and\nsuch days shall be counted towards the required one hundred eighty days\nof session, provided however, that such scheduling shall not alter the\nobligation of the school district to provide transportation to students\nin non-public elementary and secondary schools or charter schools. At\nleast two such conference days during such school year shall be\ndedicated to staff attendance upon conferences providing staff\ndevelopment relating to implementation of the new high learning\nstandards and assessments, as adopted by the board of regents.\nNotwithstanding any other provision of law, rule or regulation to the\ncontrary, school districts may elect to use one or more of such\nallowable conference days in units of not less than one hour each to\nprovide staff development activities relating to implementation of the\nnew high learning standards and assessments. A district making such\nelection may provide such staff development on any day during which\nsessions are allowed and apply such units to satisfy a deficiency in the\nlength of one or more daily sessions of instruction for pupils as\nspecified in regulations of the commissioner. The commissioner shall\nassure that such conference days include appropriate school violence\nprevention and intervention training, and may require that up to one\nsuch conference day be dedicated for such purpose.\n  8-b. Notwithstanding the provisions of subdivision eight of this\nsection, a trustee or board of trustees or a board of education of a\nschool district having fewer than six hundred pupils in grades\nkindergarten through twelve may provide for classes to be held on any\nday of the week in connection with educational programs for the\ndisadvantaged operated under the elementary and secondary education act;\nprovided, however, no pupils or teachers shall be required to attend\nsuch classes if they observe any such day as a Sabbath or a holy day in\naccordance with the requirements of their religion.\n  9. Whenever it shall appear that any school district has had an\naverage daily attendance of five or less during the three years\nimmediately preceding the first of July, if such district continues to\nmaintain a school the succeeding year, it shall be entitled to receive\nfor such year an amount equivalent to the average daily attendance of\npupils in such district divided by fifteen and multiplied by the amount\nit would be entitled to receive under the provisions of this chapter.\nProvided, however, whenever the commissioner of education is satisfied\nthat the closing of the school in any district is impracticable or that\nthe cost to such district of contracting for the education of its pupils\nwould exceed the cost involved in maintaining a school in the district\nand such district maintains a school, he may apportion to such district\nthe total amount of state aid to which it is entitled.\n  10. No school district shall be eligible to receive the full\napportionment of state aid to which it is entitled under other\nprovisions of this chapter unless the trustees or board of education\ncomply with the requirements of article eighty-nine of this chapter. If\nthe trustees or board of education of a school district fail to comply\nwith such requirements or reduce the programs provided thereunder below\nthe corresponding programs provided during the school year commencing\nJuly first, nineteen hundred sixty-one, except as a result of a\nreduction in the number of pupils affected, the commissioner of\neducation shall withhold from the full apportionment of such state aid\nan amount equal to the difference between (i) the expenditures which he\nestimates the district would have had to make or incur during the school\nyear upon which such apportionments are based if the district had fully\ncomplied with such requirements or if the district had maintained such\nprograms, and (ii) the expenditures actually made or incurred by the\ndistrict for such programs during the same school year.\n  11. Notwithstanding any other provision of law, the commissioner shall\nwithhold the general fund apportionment due to any school district when\nsuch school district fails to submit by the date specified in section\nthirty-six hundred one of this part the reports required by the\ncommissioner to calculate such apportionments, until the time such\nreports have been submitted in proper fashion.\n  12. All the acts done and proceedings heretofore had and taken or\ncaused to be had and taken by the Center Moriches Union Free School\ndistrict and by all its officers or agents relating to or in connection\nwith certain transportation contractual obligations for regular student\ntransportation of the nineteen hundred ninety-nine--two thousand school\nyear, which was part of the two thousand--two thousand one state aid\nclaim submitted to the department by such school district, are hereby\nlegalized, validated, ratified and confirmed, notwithstanding any\nfailure to comply with the approval and filing provisions of this\nchapter or any other law or any other statutory authority, rule or\nregulation, other than those filing provisions defined in paragraph a of\nsubdivision five of this section, in relation to any omission, error,\ndefect, irregularity or illegality in such proceeding had and taken. For\nthe purpose of those filing provisions defined in such paragraph a of\nsubdivision five of this section, the district shall be deemed to have\nfiled such contract within one year after the close of the two\nthousand--two thousand one school year, and aid due and payable for such\nfiling shall be deemed to be state aid payments due for prior years and\nshall be paid pursuant to paragraph c of subdivision five of this\nsection.\n  13. For purposes of this chapter, "limited English proficient" and\n"limited English proficiency" shall mean "English language learner".\n
N.Y. RPT Law § 1192 — New York Code / Act RPT / Article 11 / Title 5 / Section 1192
Additional powers of tax districts in connection with the sale of delinquent tax liens
Status: in_force

§ 1192. Additional powers of tax districts in connection with the sale\nof delinquent tax liens. 1. Notwithstanding any general or special law\nto the contrary, a contract for the sale of tax liens from a tax\ndistrict to the bond bank or its tax lien entity shall, consistent with\nthe provisions of title eighteen of article eight of the public\nauthorities law, contain such terms, provisions and conditions as, in\nthe judgment of the tax district shall be necessary or desirable. Each\nsuch contract shall specify the amount to be made available to a tax\ndistrict from the proceeds of an issue of tax lien collateralized\nsecurities, which amount may be more or less than the face amount of the\ntax liens sold to the bond bank or its tax lien entity, and any other\namounts which may be made available to the tax district on a contingent\nbasis under the terms of the contract. In addition, each contract may\nrequire such tax district, subject to appropriation by the appropriate\nlegislative body of such tax district, to make provisions for the\npayment of such other fees, charges, costs and other amounts as the tax\ndistrict shall in its judgment determine to be necessary or desirable.\n  2. Any contract entered into pursuant to subdivision one of this\nsection shall provide that the obligation of the tax district executing\nsuch contract to fund or pay the amounts therein provided for shall not\nconstitute a debt of such tax district within the meaning of any\nconstitutional or statutory provision and shall be deemed executory only\nto the extent of moneys available and that no liability shall be\nincurred by such tax district beyond the moneys available for such\npurpose, and that any such payment obligation of such tax district other\nthan the timely payment of any moneys collected and due to the bond bank\nor its tax lien entity as a result of the redemption of tax liens which\nare the subject of such contract, is subject to appropriation by the\nappropriate legislative body of such tax district.\n  3. A tax district may sell, and contract to sell, tax liens, and all\nor part of any other amounts which may be made available to the tax\ndistrict on a contingent basis under the terms of the purchase and sale\nagreement, to the bond bank or its tax lien entity at such price or\nprices, upon such terms and conditions and in such manner, as the tax\ndistrict shall deem advisable. A tax district may also sell, or contract\nto sell, real property acquired by the tax district pursuant to any tax\nenforcement proceeding and not yet disposed of by such tax district, to\nthe bond bank or its tax lien entity in connection with the sale or\nproposed sale of tax liens to the bond bank or its tax lien entity.\n  4. As a condition of sale of tax liens to the bond bank or its tax\nlien entity, each tax district shall agree (a) to promptly pay, as\ndirected by the bond bank, any moneys collected by the tax district in\nconnection with the redemption and cancellation of such tax liens, (b)\nto pay, subject to appropriation by the appropriate legislative body of\nsuch tax district, any amounts due and owing to the bond bank or its tax\nlien entity as a result of the sale of such tax liens, (c) to make such\ncovenants, representations, and warranties with respect to the tax liens\nsold as required to effectuate the sale of such tax liens and facilitate\nthe marketing of tax lien collateralized securities issued by the bond\nbank or its tax lien entity and (d) to accept a note or other instrument\nissued by the bond bank or its tax lien entity to evidence any\ncontingent amounts payable under the terms of the contract.\n  5. In connection with the sale or proposed sale of tax liens to the\nbond bank or its tax lien entity, a tax district may, notwithstanding\nthe provisions of any general or special law to the contrary, pay (a)\nsuch fixed or annual charges as may be prescribed from time to time by\nthe bond bank for or with respect to the purchase by the bond bank or\nits tax lien entity of the tax liens of such tax district, and (b) all\ncharges or expenses necessary for the conversion or reconversion of any\nof its tax liens into such form as may be required by the bond bank in\nconnection with any sale or other disposition of such tax liens.\n  6. A contract to sell tax liens pursuant to this section may require\nthe tax district to repurchase a delinquent tax lien under the\nconditions specified therein. If a delinquent tax lien should be\nrepurchased by the tax district, the tax district may resume the\nenforcement of the delinquent tax lien pursuant to the locally\napplicable procedures.\n
N.Y. EDN Law § 3635-B — New York Code / Act EDN / Title 5 / Article 73 / Part 3 / Section 3635-B
Authorization to provide pupil transportation in child safety zones
Status: in_force

§ 3635-b. Authorization to provide pupil transportation in child\nsafety zones. 1. This section shall apply where the board of education\nor trustees of a common, central, central high school, union free school\ndistrict, or city school district of a city with less than one hundred\ntwenty-five thousand inhabitants adopts a resolution to make\ntransportation in child safety zones available to resident pupils for a\nparticular school year. Such resolution shall continue in effect for\nsubsequent school years until the board adopts a resolution providing\notherwise.\n  2. A board of education or board of trustees is authorized to adopt a\nresolution providing for pupil transportation in child safety zones,\nwhere applicable, of a proposition to expend money for such\ntransportation presented pursuant to the provisions of subdivision\nnineteen of section two thousand twenty-one and section two thousand\ntwenty-two of this chapter. Such transportation may be provided without\nregard to like circumstances based solely upon the fact that the pupil\nresides within two miles, in the case of a pupil in grade kindergarten\nthrough eight, and within three miles, in the case of a pupil in grade\nnine through twelve, from the school such pupil legally attends,\nnotwithstanding the provisions of section thirty-six hundred thirty-five\nof this article. Such transportation may be provided upon the\ndetermination by the board that a hazardous zone exists which in the\nopinion of the board would be reasonably alleviated by the establishment\nof a child safety zone. For purposes of this section, child safety zone\nmeans a designated area of a school district, including at least one\npersonal residence, within which children who reside at a lesser\ndistance from the school they legally attend than the minimum\ntransportation limit of the district will be provided transportation on\nthe basis that their most direct walking route to school will traverse a\nhazardous zone.\n  3. The commissioner of transportation shall establish regulations for\ndetermination of a hazardous zone including, but not limited to, such\nfactors as the existence or nonexistence of sidewalks or walkways, the\ntype of road surface, width of road, footpath or sidewalk, the volume\nand average speed of traffic, density of population, violent crime\nstatistics, density of vacant buildings or structures, the commercial,\nindustrial or residential character of the area and the existence or\nnonexistence of traffic safety features such as traffic lights, street\nlights and traffic patrols. In preparing such regulations, the\ncommissioner of transportation shall consult with the commissioners of\neducation and motor vehicles and representatives from the state police\nwho have traffic safety responsibilities. Such regulations shall be used\nby boards of education in determining whether a hazardous zone exists.\n  4. The board of education of any school district shall, upon written\npetition of a parent or other person in parental relation of a child\nresiding within such district or of any representative authorized by\nsuch parent or other person in parental relation, signed by twenty-five\nqualified voters of the district or five percent of the number of voters\nwho voted in the previous annual election of the members of the board of\neducation, whichever is greater, make an investigation to determine\nwhether a hazardous zone exists requiring the establishment of a child\nsafety zone. Petitions shall specify the geographic boundaries\ncomprising the proposed hazardous zone and any child safety zone\nrequested. Petitions and/or additional written requests from individual\nparents or persons in parental relation requesting designation of an\narea as a child safety zone in conjunction with any proposed or existing\nhazardous zone may be submitted provided that such petitions and/or\nrequests shall not be submitted later than the first day of March\npreceding the school year for which transportation is requested. The\nschool board shall make its determination before the board presents the\nbudget for the school year for which transportation is requested. The\nparent or other person in parental relation of a child not residing in\nthe district on the first day of March may submit a request within\nthirty days after establishing residence in the district, but in no\nevent later than the first day of July of the school year for which\ntransportation is requested and the board shall make its determination\nwithin thirty days of receipt of such request.\n  5. The board of education or board of trustees of any school district\nmay directly, or by appointment of an advisory committee, make an\ninvestigation to determine if a hazardous zone exists within such\ndistrict. Such investigation shall be made pursuant to the regulations\nof the commissioner of transportation and shall include consultation\nwith state or local transportation authorities and the investigation of\nother, less costly, reasonable alternatives to the creation of a child\nsafety zone. If, after such investigation, the board shall determine\nthat a hazardous zone exists which can be reasonably alleviated, in the\nopinion of the board, only by establishing a child safety zone and\nproviding transportation in and through such child safety zone, and that\nno reasonable, less costly alternatives to such transportation exist to\nalleviate the situation, the board may adopt a separate resolution to\nexpend money for transportation in child safety zones at the annual\ndistrict meeting.\n  6. Where the trustees or board of education determines after the\nannual district meeting is held that the designation of a new hazardous\nsafety zone is needed as a result of a change in circumstances that was\nunknown to the board and not reasonably foreseeable at the time of the\nannual meeting, the trustees or board of education may call a special\ndistrict meeting to vote on a proposition to expend money for\ntransportation in child safety zones. The trustees or board of education\nshall establish procedures for submission of petitions and requests by\nindividual parents or persons in parental relation for the designation\nof child safety zones in conjunction with the proposed hazardous zone.\n  7. Whenever a school board determines that a hazardous safety zone\nexists or that a child safety zone should be established, it shall\nnotify the petitioner, each requestor of a child safety zone and any\nstate or local entity with jurisdiction over roadways or property within\nsuch zone.\n  8. The board of education or board of trustees shall conduct a public\nhearing with appropriate public notice, upon the board's determination\nthat a hazardous zone no longer exists or that the need for continuation\nof a child safety zone has been alleviated and that such designation is\nto be rescinded. Within twenty days after the public hearing, the board\nshall, by resolution, determine that a hazardous zone continues to exist\nor no longer exists and that the need for continuation of a child safety\nzone has or has not been alleviated and that the designation is or is\nnot rescinded.\n  9. In the event that the school board determines that a hazardous zone\ndoes not exist, or that other, less costly, reasonable alternatives to\nthe establishment of a child safety zone exist and may be used to\nalleviate the situation, it shall fully state the reasons for such\ndetermination in writing to the petitioner.\n  10. The cost of providing transportation, pursuant to the provisions\nof this section, shall be an ordinary contingent expense and shall be\nincluded as an item of expense for purposes of determining the\ntransportation quota of such district.\n  12. Nothing in this section shall be construed to impose a duty upon\nschool boards to provide transportation services pursuant to this\nsection nor shall any board of education or board of trustees be held\nliable for failure to provide transportation pursuant to this section.\nThe determination that a hazardous zone exists or that a child safety\nzone has been established, and the petitions, investigatory materials\nand decision making documents created or reviewed in making such\ndetermination, shall not be admissible as evidence or used in civil\nlitigation or any suit or action for damages, nor shall any school board\nmembers, school board trustee, school employee, governmental official or\nany other individual be compelled or permitted, whether by subpoena or\nother process, to testify in any such civil litigation regarding such\ndetermination. A school board member, trustee, school officer or\nemployee shall have immunity from any civil or criminal liability that\nmight otherwise be incurred or imposed as a result of the provisions of\nthis section provided that such person shall have acted in good faith.\nFor the purpose of any proceeding, civil or criminal, the good faith of\nany such person shall be presumed.\n  13. The commissioner shall submit a report on the status of pupil\ntransportation in child safety zones to the governor, the speaker of the\nassembly, the temporary president of the senate, and the chairs of the\nassembly and senate standing education committees, prior to January\nfirst, two thousand one. The report shall, at a minimum, include the\nnumber of child safety zones established across the state and the total\nnumber of pupils transported per zone. The report shall also include the\ncommissioner's recommendations for modification of the child safety zone\nprovisions, including, but not limited to, the granting of state\ntransportation aid for pupil transportation within such zones and the\nprocess by which child safety zones are established.\n
N.Y. EDN Law § 3623-A — New York Code / Act EDN / Title 5 / Article 73 / Part 2 / Section 3623-A
Allowable transportation expense
Status: in_force

§ 3623-a. Allowable transportation expense. For the computation of\ntransportation aid pursuant to the requirements of subdivision seven of\nsection thirty-six hundred two of this article and this part, allowable\ntransportation expense shall include expenditures for aidable regular\ntransportation as defined in section thirty-six hundred twenty-two-a of\nthis part, provided that such expense shall be limited to expenditure\nitems listed in subdivision one of this section as transportation\noperating expense and in subdivision two of this section as\ntransportation capital, debt service and lease expense.\n  1. Transportation operating expense shall include base year\nexpenditures for the following, provided that such transportation\noperating expense shall meet the requirements set forth in subdivision\nthree of this section:\n  a. Computerized bus routing services;\n  b. Contracting for the transportation of any or all of the pupils\nattending school in such school district, other than a contract with a\npublic service facility for such transportation operated on routes under\nfranchise;\n  c. The use of public service facilities on routes operated under\nfranchise or by a municipality or public authority for any or all of the\npupils in the district, provided that the allowance for each pupil using\nsuch facilities shall not exceed two single fares a day for such pupil\nmultiplied by the number of days which such pupil attends school;\n  d. The school district's share of the cost of a regional or joint\ntransportation system;\n  e. The following expenses for district operated transportation\nsystems, including operation of district owned or district leased school\nbuses:\n  (1) salaries and retirement benefits related to transportation, except\nsalaries and retirement benefits for assistant drivers on buses\ntransporting nondisabled pupils;\n  (2) employers' social security contributions for transportation\npersonnel for whom salaries are allowable;\n  (3) health, life and other insurance premiums for transportation\npersonnel for whom salaries are allowable;\n  (4) premiums for collision and other insurance coverage for school\nbuses;\n  (5) uniforms for transportation personnel for whom salaries are\nallowable;\n  (6) costs incurred by the employer for qualifying criminal history,\ndrivers license, or other required testing attributable to special\nrequirements for drivers of school buses pursuant to state or federal\nlaw including pre-employment and random drug and alcohol testing as\nrequired under subdivision six of section five hundred nine-g of the\nvehicle and traffic law;\n  (7) fuel, oil, tires, chains, maintenance and repairs for school\nbuses, provided that for purposes of this article, fuel shall include\nelectricity used to charge or hydrogen used to refuel zero-emission\nschool buses for the aidable transportation of pupils, but shall not\ninclude electricity or hydrogen used for other purposes;\n  (8) bridge tolls;\n  (9) transportation by boat or airplane, because of the location of the\nschool district in relation to the school which the children of the\ndistrict attend, or required room and board in connection therewith\nnecessitated because of impassable waters or adverse weather conditions,\nwhich has been approved by the commissioner;\n  (10) the consideration for the contract or contracts made for the\npurpose of providing transportation by horse-drawn vehicle or vehicles,\nif any school district shall be required to provide such transportation;\nand\n  (11) other expenses for district operated transportation systems, as\napproved pursuant to regulations of the commissioner.\n  f. Other transportation operating expenses as approved pursuant to\nregulations of the commissioner.\n  2. Allowable transportation capital, debt service and lease expense\nshall include base year expenditures as described in this subdivision,\nnet of revenue received with the express purpose of funding such\nexpenditures as prescribed by the commissioner, except as provided in\nparagraph d of subdivision three of this section.\n  a. The purchase of school buses as approved by the commissioner;\n  b. The lease, as approved by the commissioner, of a school bus by a\nschool district from another school district, board of cooperative\neducational services or a county vocational education and extension\nboard, or any school bus leased by a school district from any other\nsource under emergency conditions, as determined by the commissioner, or\nany school bus leased by a school district from any other source as\notherwise authorized by this chapter;\n  c. The purchase of equipment deemed a proper school district expense,\nincluding: (i) the purchase of two-way radios to be used on old and new\nschool buses, (ii) the purchase of stop-arms, to be used on old and new\nschool buses, (iii) the purchase and installation of seat safety belts\non school buses in accordance with the provisions of section thirty-six\nhundred thirty-five-a of this article, (iv) the purchase of school bus\nback up beepers, (v) the purchase of school bus front crossing arms,\n(vi) the purchase of school bus safety sensor devices, (vii) the\npurchase and installation of exterior reflective marking on school\nbuses, (viii) the purchase of automatic engine fire extinguishing\nsystems for school buses used to transport students who use wheelchairs\nor other assistive mobility devices, and (ix) the purchase of other\nequipment as prescribed in the regulations of the commissioner;\n  d. Other transportation capital, debt service and lease expense, as\napproved pursuant to regulations of the commissioner;\n  e. Any approved cost of construction, reconstruction, lease or\npurchase of a transportation storage facility or site in the amount of\nten thousand dollars or more shall be aidable in accordance with\nsubdivision six of section thirty-six hundred two of this article and\nshall not be aidable as transportation expense; and\n  f. Approved costs relating to the lease, purchase, construction, or\ninstallation of zero-emission school bus electric charging or hydrogen\nfueling stations. For the purposes of this section, a zero-emission\nschool bus electric charging station is a station that delivers\nelectricity from a source outside a zero-emission school bus into one or\nmore zero-emission school buses. An electric school bus charging station\nmay include several charge points simultaneously connecting several\nzero-emission school buses to the station and any related equipment\nneeded to facilitate charging plug-in zero-emission school buses. Any\nwork related to the construction or installation of zero-emission school\nbus electric charging or hydrogen fueling stations under this paragraph\nshall be considered public work and shall be subject to prevailing wage\nrequirements in accordance with section two hundred twenty and two\nhundred twenty-b of the labor law.\n  3. a. The transportation operating expense for any school district\nfurnishing transportation for pupils attending a school within such\ndistrict shall be reduced by any moneys received for transportation.\n  b. If a district transports nonresident pupils, moneys received for\nsuch transportation shall also be deducted in calculating transportation\naid, provided that in no case shall there be any deduction made in\ndetermining transportation aid on the basis of bus mileage travelled in\ntransporting children pursuant to a contract executed in accordance with\nparagraph h of subdivision twenty-five of section seventeen hundred nine\nof this chapter.\n  c. Where a school district contracts for the transportation of its\npupils with a contractor and such contract results in the joint use of\none or more school buses with another district or districts contracting,\nindependently, with the same contractor, the transportation operating\nexpense applicable to such bus or buses for such route or routes shall\nbe prorated to each district. The total transportation operating expense\nfor all districts that are parties to such contract shall not exceed the\nconsideration of the contract.\n  d. (1) For aid payable in the two thousand twenty-four--two thousand\ntwenty-five school year and thereafter, notwithstanding any provision of\nlaw to the contrary, approved transportation capital, debt service, and\nlease expenses for apportionments to school districts under subdivision\nseven of section thirty-six hundred two of this article shall include\nthe final value of any vouchers paid on behalf of a school district,\npayments, and grants authorized pursuant to section 58-0701 of the\nenvironmental conservation law for costs associated with the purchase of\nor conversion to zero-emission school buses and supporting\ninfrastructure.\n  (2) (i) In the case of allowable expenses for transportation capital,\ndebt service, or leases which are related to costs associated with the\npurchase of or conversion to zero-emission school buses and supporting\ninfrastructure and which are supported in whole or in part by vouchers,\npayments, or grants authorized under section 58-0701 of the\nenvironmental conservation law, such allowable expenses at the time in\nwhich the expense is claimed for aid shall be reduced by the quotient of\n(A) the positive difference, if any, of the maximum state support less\nallowable expenses, divided by (B) the transportation aid ratio\ncalculated pursuant to subdivision seven of section thirty-six hundred\ntwo of this article, provided that allowable expenses after such\nreduction, if any, shall be greater than zero.\n  (ii) For purposes of this subparagraph "maximum state support" shall\nbe equal to the sum of (A) the product of the transportation aid ratio\ncalculated pursuant to subdivision seven of section thirty-six hundred\ntwo of this article multiplied by allowable expenses, plus (B) the final\nvalue of any such vouchers paid on behalf of a school district,\npayments, and grants authorized under section 58-0701 of the\nenvironmental conservation law.\n  (3) The entity authorized to provide state assistance payments or\ngrants pursuant to subdivision two of section 58-0703 of the\nenvironmental conservation law shall provide to the commissioner a list\nof grants awarded and payments to each school district or vouchers paid\non behalf of a school district for the purchase of or conversion to\nzero-emission school buses and supporting infrastructure no later than\none month prior to the end of each calendar year and each school year.\nThis list shall include the type and number of zero-emission school\nbuses to be funded by these payments or grants, the supporting\ninfrastructure to be funded by these payments or grants, the award\namounts of each payment or grant, the direct recipient of each payment\nor grant, the district receiving such payment or grant or that\nbenefitted from such voucher, the date on which the payment or grant was\nreceived, and any other information necessary for the calculation of aid\npursuant to subdivision seven of section thirty-six hundred two of this\narticle.\n  4. Notwithstanding the provisions of this section or any other\nprovision of law to the contrary, for the computation of transportation\naid pursuant to the requirements of subdivision seven of section\nthirty-six hundred two of this article, allowable transportation\nexpenses shall also include transportation operating expenses described\nin subdivision one of this section and transportation capital, debt\nservice and lease expenses described in subdivision two of this section\nincurred in the two thousand nineteen--two thousand twenty school year:\n(i) during the state disaster emergency declared pursuant to executive\norder 202 of 2020 in the case of expenses pursuant to subdivision eight\nof section thirty-six hundred twenty-two-a of this part; and (ii) during\nthe period between the issuance of executive order 202.4 on March\nsixteenth, two thousand twenty and the issuance of executive order\n202.28 on May seventh, two thousand twenty in the case of expenses\npursuant to subdivision nine of section thirty-six hundred twenty-two-a\nof this part. Such expenses shall be allowable transportation expenses\neven where aidable regular transportation as defined in section\nthirty-six hundred twenty-two-a of this part of transportation after\nfour pm pursuant to section thirty-six hundred twenty-seven of this part\nwas not provided.\n
N.Y. LAB Law § 561 — New York Code / Act LAB / Article 18 / Title 5 / Section 561
Voluntary election
Status: in_force

§ 561. Voluntary election. 1. Employer. Any employer not otherwise\nliable for contributions under this article as an employer may become\nliable therefor\n  (a) as of the first day of any calendar quarter, provided\n  (1) he files an application with the commissioner to elect coverage\nfor at least the unexpired portion of the calendar year in which such\ncoverage is to commence and the following calendar year;\n  (2) such application is filed on or before the last day of the\ncalendar quarter in which coverage is to commence; and\n  (3) the commissioner approve such application in writing;\n  (b) as of the date on which he acquired the organization, trade or\nbusiness, in whole or in part, of another employer who is liable for\ncontributions, provided\n  (1) he files an application with the commissioner to elect coverage\nfor at least the unexpired portion of the calendar year in which such\nacquisition occurs and the following calendar year;\n  (2) such application is filed within thirty days following the end of\nthe calendar quarter in which such acquisition occurred; and\n  (3) the commissioner approve such application in writing.\n  2. Employees. (a) Services without the state. The services of a person\nwho resides within this state but performs such services entirely\nwithout the state shall be deemed employment within the meaning of this\narticle whenever\n  (1) contributions are not required with respect to such services under\nan unemployment compensation law of any other state or of the United\nStates; and\n  (2) his employer makes application to this effect; and\n  (3) the commissioner approves such application in writing.\n  (b) Agricultural labor. All services performed in agricultural labor\nfor an employer who is not liable for contributions pursuant to section\nfive hundred sixty-four of this article shall be deemed employment\nwithin the meaning of this article as of the first day of any calendar\nquarter provided:\n  (i) the employer makes an election to this effect for at least the\nunexpired portion of the calendar year in which such election is to\ncommence and the following calendar year,\n  (ii) such election is filed on or before the last day of the calendar\nquarter in which it is to become effective, and\n  (iii) the commissioner approves such election in writing.\n  (c) Services performed at a place of religious worship. The services\nof a person performed at a place of religious worship as a caretaker or\nfor the performance of duties of a religious nature, or both, shall be\ndeemed employment within the meaning of this article, if his employer\nmakes application to this effect and the commissioner approves such\napplication in writing.\n  3. Coverage. Liability for contributions or for payments in lieu of\ncontributions, as the case may be, shall commence as of the first day of\ncoverage.  No remuneration paid prior to the first day of coverage\nshall be used for the purpose of determining entitlement to benefits.\n
N.Y. PBA Law § 915 — New York Code / Act PBA / Article 4 / Title 5 / Section 915
Defense and indemnification
Status: in_force

§ 915. Defense and indemnification. The authority shall not execute\nany of its powers, except as necessary to commence its corporate\nexistence, until it has elected to make the provision of section\neighteen of the public officers law applicable to its employees (as such\nterm is defined in section eighteen of the public officers law) pursuant\nto subdivision two of such section; provided, however, that nothing\ncontained within this section shall be deemed to permit the authority to\nextend the provisions of section eighteen of the public officers law\nupon any independent contractor.\n
N.Y. EDN Law § 3606 — New York Code / Act EDN / Title 5 / Article 73 / Part 1 / Section 3606
Nonresident academic attendance; manner of certifying and paying apportionment
Status: in_force

§ 3606. Nonresident academic attendance; manner of certifying and\npaying apportionment.  The commissioner of education immediately after\nmaking an apportionment shall certify, or cause to be certified, to the\ntreasurer, if there be one, otherwise to the disbursing officer or\ncollector of each school district or academy included in such\napportionment, except those located within the territory of the city of\nNew York, the amount of money which has been allotted to each said\nschool district or academy.  The payment of said allotment shall be made\nby the commissioner of taxation and finance directly to the treasurer,\nif there be one, otherwise to the disbursing officer or collector of\neach school district or academy named in the certificate of the\ncommissioner of education.  Any apportionment which shall be made to the\ncity school district of the city of New York shall be certified and paid\nto the commissioner of finance of the city of New York, and any\napportionment which shall be made to any private academy situated within\nthe territory of the city of New York, shall be certified and paid\ndirectly to the disbursing officer of the academy to which the\napportionment is made.\n
N.Y. EDN Law § 3712 — New York Code / Act EDN / Title 5 / Article 75 / Section 3712
State agency for surplus property
Status: in_force

§ 3712. State agency for surplus property.  The commissioner of\neducation, or such other state officer as may, from time to time, be\ndesignated by the governor, shall be the state agency for surplus\nproperty and is hereby authorized and empowered (1) to acquire from the\nUnited States of America under and in conformance with the provisions of\nsection two hundred three (j) of the federal property and administrative\nservices act of nineteen hundred forty-nine as amended, such property\nincluding equipment, materials, books, or other supplies under the\ncontrol of any department or agency of the United States of America as\nmay be usable and necessary for purposes of education, public health or\ncivil defense, including research for any such purpose, and for such\nother purposes as may now or hereafter be authorized by federal law; (2)\nto warehouse such property; and (3) to distribute such property within\nthe state to tax-supported medical institutions, hospitals, clinics,\nhealth centers, school systems, schools, colleges, and universities\nwithin the state, to other nonprofit medical institutions, hospitals,\nclinics, health centers, schools, colleges and universities which are\nexempt from taxation under section five hundred one (c) (3) of the\nUnited States internal revenue code of nineteen hundred fifty-four, to\ncivil defense organizations of the state, or political subdivisions and\ninstrumentalities thereof, which are established pursuant to state law,\nand to such other types of institutions or activities as may now be or\nhereafter become eligible under federal law to acquire such property.\nThe commissioner of education, or such other state officer as may be\ndesignated by the governor, is hereby authorized to appoint advisory\nboard or committees and to do any and all acts necessary to carry out\nthe foregoing duties of such agency for surplus property in accordance\nwith such federal property and administrative services act of nineteen\nhundred forty-nine as amended and the rules and regulations of any of\nthe departments or agencies of the United States of America duly adopted\nin accordance therewith.\n
N.Y. PML Law § 1341 — New York Code / Act PML / Article 13 / Title 5 / Section 1341
Licensee leases and contracts
Status: in_force

§ 1341. Licensee leases and contracts. 1. Unless otherwise provided in\nthis subdivision, no agreement shall be lawful which provides for the\npayment, however defined, of any direct or indirect interest, percentage\nor share of: any money or property gambled at a gaming facility; any\nmoney or property derived from gaming activity; or any revenues, profits\nor earnings of a gaming facility. Notwithstanding the foregoing:\n  (a) Agreements which provide only for the payment of a fixed sum which\nis in no way affected by the amount of any such money, property,\nrevenues, profits or earnings shall not be subject to the provisions of\nthis subdivision; and receipts, rentals or charges for real property,\npersonal property or services shall not lose their character as payments\nof a fixed sum because of contract, lease, or license provisions for\nadjustments in charges, rentals or fees on account of changes in taxes\nor assessments, cost-of-living index escalations, expansion or\nimprovement of facilities, or changes in services supplied.\n  (b) Agreements between a gaming facility licensee and a junket\nenterprise or junket representative licensed, qualified or registered in\naccordance with the provisions of this article and the regulations of\nthe commission that provide for the compensation of the junket\nenterprise or junket representative by the gaming facility licensee\nbased upon the actual gaming activities of a patron procured or referred\nby the junket enterprise or junket representative shall be lawful if\nfiled with the commission prior to the conduct of any junket that is\ngoverned by the agreement.\n  (c) Agreements between a gaming facility licensee and its employees\nwhich provide for gaming employee or casino key employee profit sharing\nshall be lawful if the agreement is in writing and filed with the\ncommission prior to its effective date. Such agreements may be reviewed\nby the commission.\n  (d) Agreements to lease an approved gaming facility or the land\nthereunder and agreements for the complete management of all gaming\noperations in a gaming facility shall not be subject to the provisions\nof this subdivision.\n  (e) Agreements which provide for percentage charges between the gaming\nfacility licensee and a holding company or intermediary company of the\ngaming facility licensee shall be in writing and filed with the\ncommission but shall not be subject to the provisions of this\nsubdivision.\n  (f) Written agreements relating to the operation of multi-casino or\nmulti-state progressive slot machine systems between one or more gaming\nfacility licensees and a licensed casino vendor enterprise or an\neligible applicant for such license, which provide for an interest,\npercentage or share of the gaming facility licensee's revenues, profits\nor earnings from the operation of such multi-casino or multi-state\nprogressive slot machines to be paid to the casino vendor enterprise\nlicensee or applicant shall not be subject to the provisions of this\nsubdivision if the agreements are filed with and approved by the\ncommission.\n  2. Each gaming facility applicant or licensee shall maintain, in\naccordance with the rules of the commission, a record of each written or\nunwritten agreement regarding the realty, construction, maintenance, or\nbusiness of a proposed or existing gaming facility or related facility.\nThe foregoing obligation shall apply regardless of whether the gaming\nfacility applicant or licensee is a party to the agreement. Any such\nagreement may be reviewed by the commission on the basis of the\nreasonableness of its terms, including the terms of compensation, and of\nthe qualifications of the owners, officers, employees, and directors of\nany enterprise involved in the agreement, which qualifications shall be\nreviewed according to the standards enumerated in section one thousand\nthree hundred twenty-three of this article. If the commission\ndisapproves such an agreement or the owners, officers, employees, or\ndirectors of any enterprise involved therein, the commission may require\nits termination.\n  Every agreement required to be maintained, and every related agreement\nthe performance of which is dependent upon the performance of any such\nagreement, shall be deemed to include a provision to the effect that, if\nthe commission shall require termination of an agreement, such\ntermination shall occur without liability on the part of the gaming\nfacility applicant or licensee or any qualified party to the agreement\nor any related agreement. Failure expressly to include such a provision\nin the agreement shall not constitute a defense in any action brought to\nterminate the agreement. If the agreement is not maintained or presented\nto the commission in accordance with commission regulations, or the\ndisapproved agreement is not terminated, the commission may pursue any\nremedy or combination of remedies provided in this article.\n  For the purposes of this subdivision, "gaming facility applicant"\nincludes any person required to hold a gaming facility license who has\napplied to the commission for a gaming facility license or any approval\nrequired.\n  3. Nothing in this article shall be deemed to permit the transfer of\nany license, or any interest in any license, or any certificate of\ncompliance or any commitment or reservation without the approval of the\ncommission.\n
N.Y. EDN Law § 3624 — New York Code / Act EDN / Title 5 / Article 73 / Part 2 / Section 3624
Drivers, monitors and attendants
Status: in_force

* § 3624. Drivers, monitors and attendants. The commissioner shall\ndetermine and define the qualifications of drivers, monitors and\nattendants and shall make the rules and regulations governing the\noperation of all transportation facilities used by pupils which rules\nand regulations shall include, but not be limited to, a maximum speed of\nfifty-five miles per hour for school vehicles engaged in pupil\ntransportation that are operated on roads, interstates or other\nhighways, parkways or bridges or portions thereof that have posted speed\nlimits in excess of fifty-five miles per hour, prohibitions relating to\nsmoking, eating and drinking and any and all other acts or conduct which\nwould otherwise impair the safe operation of such transportation\nfacilities while actually being used for the transport of pupils. The\nemployment of each driver, monitor and attendant shall be approved by\nthe chief school administrator of a school district for each school bus\noperated within his or her district. For the purpose of determining his\nor her physical fitness, each driver, monitor and attendant may be\nexamined on order of the chief school administrator by a duly licensed\nphysician within two weeks prior to the beginning of service in each\nschool year as a school bus driver, monitor or attendant. The report of\nthe physician, in writing, shall be considered by the chief school\nadministrator in determining the fitness of the driver to operate or\ncontinue to operate any transportation facilities used by pupils and in\ndetermining the fitness of any monitor or attendant to carry out his or\nher functions on such transportation facilities. Nothing in this section\nshall prohibit a school district from imposing a more restrictive speed\nlimit policy for the operation of school vehicles engaged in pupil\ntransportation than the speed limit policy established by the\ncommissioner.\n  * NB Effective until August 25, 2026\n  * § 3624. Drivers, monitors and attendants. The commissioner shall\ndetermine and define the qualifications of drivers, monitors and\nattendants and shall make the rules and regulations governing the\noperation of all transportation facilities used by pupils which rules\nand regulations shall include, but not be limited to, a maximum speed of\nfifty-five miles per hour for school vehicles engaged in pupil\ntransportation that are operated on roads, interstates or other\nhighways, parkways or bridges or portions thereof that have posted speed\nlimits in excess of fifty-five miles per hour, prohibitions relating to\nsmoking, eating and drinking and any and all other acts or conduct which\nwould otherwise impair the safe operation of such transportation\nfacilities while actually being used for the transport of pupils. The\nemployment of each driver, monitor and attendant shall be approved by\nthe chief school administrator of a school district for each school bus\noperated within such chief school administrator's district. For the\npurpose of determining such driver, monitor and attendant's physical\nfitness, each driver, monitor and attendant may be examined on order of\nthe chief school administrator by a duly licensed physician or nurse\npractitioner within two weeks prior to the beginning of service in each\nschool year as a school bus driver, monitor or attendant. The report of\nthe physician or certified nurse practitioner, in writing, shall be\nconsidered by the chief school administrator in determining the fitness\nof the driver to operate or continue to operate any transportation\nfacilities used by pupils and in determining the fitness of any monitor\nor attendant to carry out such monitor or attendant's functions on such\ntransportation facilities. Nothing in this section shall prohibit a\nschool district from imposing a more restrictive speed limit policy for\nthe operation of school vehicles engaged in pupil transportation than\nthe speed limit policy established by the commissioner.\n  * NB Effective August 25, 2026\n
N.Y. EDN Law § 3642 — New York Code / Act EDN / Title 5 / Article 73 / Part 4 / Section 3642
Severability
Status: in_force

§ 3642. Severability.  If any clause, sentence, paragraph, or section\nof this part shall be adjudged by any court of competent jurisdiction to\nbe invalid and after exhaustion of all further judicial review, the\njudgment shall not affect, impair or invalidate the remainder thereof,\nbut shall be confined in its operation to the clause, sentence,\nparagraph, or section of this part directly involved in the controversy\nin which the judgment shall have been rendered. The provisions of this\nsection shall apply to all sections of this part except those sections\nwhich are expressly subject to separate severability provisions\ncontained hereinbefore in this part.\n
N.Y. BNK Law § 5009 — New York Code / Act BNK / Article 15 / Title 5 / Section 5009
Dividends or other distributions in cash or property
Status: in_force

§ 5009. Dividends or other distributions in cash or property. Subject\nto sections one hundred ten, one hundred twelve and five hundred\nseventeen of this chapter, a corporation may declare and pay dividends\nor make other distributions in cash or property, including the shares or\nbonds of other corporations, on its outstanding shares, out of net\nprofits or surplus, except when there is any impairment of capital\nstock, or when the declaration, payment, or distribution would be\ncontrary to any restrictions contained in the organization certificate.\n
N.Y. BNK Law § 5010 — New York Code / Act BNK / Article 15 / Title 5 / Section 5010
Share distributions and changes
Status: in_force

§ 5010. Share distributions and changes. 1. A corporation may make pro\nrata distributions of its authorized but unissued shares to holders of\nany class or series of its outstanding shares, subject to the following\nconditions:\n  (a) Such shares shall be issued at not less than the par value thereof\nand there shall be transferred to capital stock at the time of such\ndistribution an amount of undivided profits or surplus equal to the\naggregate par value of such shares.\n  (b) A distribution of shares of any class or series may be made only\nto holders of the same class or series of shares unless the organization\ncertificate permits distribution, subject to the preemptive rights of\nholders of any outstanding shares, to holders of another class or series\nor unless such distribution is authorized, when there are no outstanding\npreemptive rights, by the affirmative vote or the written consent of the\nholders of a majority of the outstanding shares of the class or series\nto be distributed.\n  2. A corporation making a pro rata distribution of authorized but\nunissued shares to the holders of any class or series of outstanding\nshares may at its option make an equivalent distribution upon treasury\nshares of the same class or series, and any shares so distributed shall\nbe treasury shares.\n  3. A change of issued shares of any class which increases the\naggregate par value of those shares may be made if the sum of the\nundivided profits and surplus of the corporation is sufficient to permit\nthe transfer, and a transfer is concurrently made, from undivided\nprofits or surplus to capital stock, of an amount equal to such\nincrease.\n
N.Y. ENV Law § 21-0509 — New York Code / Act ENV / Article 21 / Title 5 / Section 21-0509
Powers to be additional; inconsistent provisions
Status: in_force

§ 21-0509. Powers to be additional; inconsistent provisions.\n  Any powers herein granted to the interstate environmental commission\nshall be regarded as in aid of and supplemental to, and in no case a\nlimitation upon, any other powers legally vested in said commission. No\nprovision of the Public Health Law and no provision of the Environmental\nConservation Law, if such provision of the Environmental Conservation\nLaw was derived from a provision of the Public Health Law, which is\ninconsistent with the provisions of the tri-state compact shall be\napplicable to the interstate environmental commission or to any matter\ngoverned by the tri-state compact.\n
N.Y. VAT Law § 509-C — New York Code / Act VAT / Title 5 / Article 19-A / Section 509-C
Disqualification of bus drivers generally
Status: in_force

§ 509-c. Disqualification of bus drivers generally. (1) Other than\npersons requiring qualification under section five hundred nine-cc of\nthis chapter, a person employed as a bus driver on September fifteenth,\nnineteen hundred eighty-five and who was subject to the provisions of\nthis article as it existed immediately prior to September fifteen,\nnineteen hundred eighty-five, shall be disqualified from operating a bus\nas follows:\n  (a) permanently, if that person has been convicted of or forfeited\nbond or collateral which forfeiture order has not been vacated or the\nsubject of an order of remission upon a violation of section 130.30,\n130.35, 130.45, 130.50, 130.60, or 130.65 of the penal law, or an\noffense committed under a former section of the penal law which would\nconstitute a violation of the aforesaid sections of the penal law or any\noffense committed outside of this state which would constitute a\nviolation of the aforesaid sections of the penal law, provided, however,\nthe provisions of this paragraph shall not apply to convictions,\nsuspensions or revocations or forfeitures of bonds for collateral upon\nany of the charges listed in this paragraph for violations which\noccurred prior to September first, nineteen hundred seventy-four\ncommitted by a person employed as a bus driver on September first,\nnineteen hundred seventy-four. However, such disqualification may be\nwaived provided that five years have expired since the applicant was\ndischarged or released from a sentence of imprisonment imposed pursuant\nto conviction of an offense that requires disqualification under this\nparagraph and that the applicant shall have been granted a certificate\nof relief from disabilities or a certificate of good conduct pursuant to\narticle twenty-three of the correction law.\n  (b) for a period of five years from the date of last conviction\nspecified herein, if that person\n  (i) has been convicted of any violation of any subdivision of section\neleven hundred ninety-two of this chapter or an offense committed\noutside this state which would constitute a violation of section eleven\nhundred ninety-two of this chapter, and the offense was committed while\nthe driver was driving a bus in the employ of a motor carrier or in the\nfurtherance of a commercial enterprise in interstate, intrastate or\nforeign commerce;\n  (ii) has been twice convicted of a violation of any subdivision of\nsection eleven hundred ninety-two of this chapter or offenses committed\noutside this state which would constitute a violation of section eleven\nhundred ninety-two of this chapter, committed within the preceding five\nyear period;\n  (iii) has been twice convicted of a violation of any subdivision of\nsection eleven hundred ninety-two of this chapter, or an offense\ncommitted outside of this state which would constitute a violation of\nany subdivision of section eleven hundred ninety-two of this chapter,\ncommitted within any ten year period after September fifteenth, nineteen\nhundred eighty-five; or\n  (iv) has been convicted of leaving the scene of an accident which\nresulted in personal injury or death under subdivision two of section\nsix hundred of this chapter or an offense committed outside of this\nstate which would constitute a violation of subdivision two of section\nsix hundred of this chapter. Such disqualification shall be for a period\nof three years if such conviction occurred prior to September fifteenth,\nnineteen hundred eighty-five; or\n  (v) has been convicted of a violation of section 120.04, 120.04-a,\n125.13, 125.14 or 235.07 of the penal law.\n  (c) for a period of five years from the date of last conviction, if\nthat person has been convicted of a violation of subdivision three of\nsection five hundred eleven of this chapter on or after September\nfifteenth, nineteen hundred eighty-five;\n  (d) for a period of one year, if that person has accumulated nine or\nmore points on his or her driving record for acts that occurred during\nan eighteen month period on or after September fifteenth, nineteen\nhundred eighty-five, provided, however, that the disqualification shall\nterminate if the person has reduced the points to less than nine through\nthe successful completion of a motor vehicle accident prevention course.\n  (e) for a period of one year, if that person was the operator of a\nmotor vehicle involved in two or more accidents of a nature and type set\nforth in section five hundred nine-a of this article, where such\naccidents occurred within an eighteen-month period following a\nreexamination conducted pursuant to section five hundred nine-bb of this\narticle, provided that accidents in which the driver was completely\nwithout fault shall not be included in determining whether such\ndisqualification is required;\n  (f) for a period of one year, if that person fails to pass a road test\nadministered pursuant to section five hundred nine-bb of this article;\nprovided, however, that such person shall be given the opportunity to\ncomplete a motor vehicle accident prevention course approved by the\ncommissioner and to then undergo a second road test administered\npursuant to section five hundred nine-bb of this article, and such\ndisqualification shall cease if such person passes such second road\ntest.\n  (g) for the period that such person's license is revoked or suspended\nfor violating section eleven hundred ninety-two of this chapter or an\noffense committed outside of this state which would constitute a\nviolation of section eleven hundred ninety-two of this chapter. Such\ndisqualification shall be for not less than six months.\n  (2) All other bus drivers who are not subject to subdivision one of\nthis section shall be disqualified from operating a bus as follows:\n  (a) permanently, if that person has been convicted of or forfeited\nbond or collateral which forfeiture order has not been vacated or the\nsubject of an order of remission upon a violation committed prior to\nSeptember fifteenth, nineteen hundred eighty-five, of section 130.30,\n130.35, 130.45, 130.50, 130.60, or 130.65 of the penal law, or an\noffense committed under a former section of the penal law which would\nconstitute a violation of the aforesaid sections of the penal law or any\noffense committed outside of this state which would constitute a\nviolation of the aforesaid sections of the penal law. However, such\ndisqualification may be waived provided that five years have expired\nsince the applicant was discharged or released from a sentence of\nimprisonment imposed pursuant to conviction of an offense that requires\ndisqualification under this paragraph and that the applicant shall have\nbeen granted a certificate of relief from disabilities or a certificate\nof good conduct pursuant to article twenty-three of the correction law.\n  (b) for a period of five years from the date of last conviction\nspecified herein, if the person\n  (i) has been convicted of a violation of any subdivision of section\neleven hundred ninety-two of this chapter or an offense committed\noutside this state which would constitute a violation of section eleven\nhundred ninety-two of this chapter, and the offense was committed while\nthe driver was driving a bus in the employ of a motor carrier or in the\nfurtherance of a commercial enterprise in interstate, intrastate or\nforeign commerce;\n  (ii) has been twice convicted of a violation of any subdivision of\nsection eleven hundred ninety-two of this chapter or an offense\ncommitted outside of this state within any ten year period on or after\nSeptember fifteenth, nineteen hundred eighty-five, which would\nconstitute a violation of section eleven hundred ninety-two of this\nchapter; or\n  (iii) has been convicted of leaving the scene of an accident which\nresulted in personal injury or death under subdivision two of section\nsix hundred of this chapter or an offense committed outside of this\nstate which would constitute a violation of subdivision two of section\nsix hundred of this chapter; or\n  (iv) has been convicted of a violation of section 120.04, 120.04-a,\n125.13 or 235.07 of the penal law.\n  (c) for a period of five years from the date of last conviction, if\nthat person has been convicted of any violation of subdivision three of\nsection five hundred eleven of this chapter on or after September\nfifteenth, nineteen hundred eighty-five;\n  (d) for a period of one year, if that person accumulates nine or more\npoints on his or her driving record for acts occurring during an\neighteen month period, provided, however, that the disqualification\nshall terminate if the person has reduced the points to less than nine\nthrough the successful completion of a motor vehicle accident prevention\ncourse.\n  (e) for a period of one year, if that person was the operator of a\nmotor vehicle involved in two or more accidents of a nature and type set\nforth in section five hundred nine-a of this article, where such\naccidents occurred within an eighteen-month period following a\nreexamination conducted pursuant to section five hundred nine-bb of this\narticle, provided that accidents in which the driver was completely\nwithout fault shall not be included in determining whether such\ndisqualification is required;\n  (f) for a period of one year, if that person fails to pass a road test\nadministered pursuant to section five hundred nine-bb of this article;\nprovided, however, that such person shall be given the opportunity to\ncomplete a motor vehicle accident prevention course approved by the\ncommissioner and to then undergo a second road test administered\npursuant to section five hundred nine-bb of this article, and such\ndisqualification shall cease if such person passes such second road\ntest.\n  (g) for the period that such person's license is revoked or suspended\nfor violating section eleven hundred ninety-two of this chapter or an\noffense committed outside of this state which would constitute a\nviolation of section eleven hundred ninety-two of this chapter. Such\ndisqualification shall be for not less than six months.\n  (3) A person shall be disqualified from operating a bus if that person\nhas had any license, permit, or privilege to operate a motor vehicle\nsuspended, revoked, withdrawn or denied and such license, permit or\nprivilege has not been reinstated by the authority which took such\naction. Provided, however, that the provisions of this subdivision shall\nnot apply to a person whose (i) license, permit or privilege to operate\na motor vehicle cannot be reinstated because of non-residency in the\nstate in which the license was suspended, revoked, withdrawn or denied\nor (ii) a person holds a conditional driver's license or a restricted\nuse license issued by the commissioner pursuant to the provisions of\narticle twenty-one or twenty-one-A of this chapter, and is not\ndisqualified under any other provision of this article.\n
N.Y. ENV Law § 54-0505 — New York Code / Act ENV / Article 54 / Title 5 / Section 54-0505
Criteria for municipal landfill closure projects
Status: in_force

§ 54-0505. Criteria for municipal landfill closure projects.\n  1. State assistance payments shall be approved only for closure\nprojects that include plans for closure, post-closure and construction\nin accordance with the department's solid waste management regulations\napplicable to new projects which were in effect six months prior to the\ndate of submittal of the final application.\n  2. Municipal landfill closure project costs incurred prior to April\nfirst, nineteen hundred ninety-three shall not be eligible for state\nassistance payments funded pursuant to this article.\n  3. Prior to processing applications for state assistance payments for\nprojects pursuant to this section, the commissioner shall promulgate, in\nconsultation with the director of the budget, rules and regulations\nwhich shall include criteria for determining eligible expenditures and\nprocedures governing the commitment and disbursement of funds\nappropriated in accordance with this section. The commissioner also\nshall promulgate rules and regulations which shall include application\nprocedures, review processes, and project approval guidelines and\ncriteria.\n
N.Y. PBA Law § 2890 — New York Code / Act PBA / Article 9 / Title 5 / Section 2890
Funds and accounts of public authorities
Status: in_force

§ 2890. Funds and accounts of public authorities. Notwithstanding any\ninconsistent provision of this chapter or any other general, special or\nlocal law, every authority or commission hereafter created by this\nchapter is hereby empowered to establish such funds and accounts as it\nmay deem necessary subject to such agreements as such authority or\ncommission shall conclude with the holders of its bonds or notes.\n
N.Y. RPT Law § 1194-A — New York Code / Act RPT / Article 11 / Title 5 / Section 1194-A
Administration of surplus in connection with tax lien sales
Status: in_force

§ 1194-a. Administration of surplus in connection with tax lien sales.\nReal property tax liens owned by third parties, including those tax\nliens sold pursuant to former title three of article fourteen of this\nchapter or pursuant to a special or local law or charter shall only be\nenforced in the manner described in this section:\n  1. Upon written application and the surrender of the tax lien\ncertificate of sale, a treasurer's deed may be issued vesting in the tax\nlien certificate holder an absolute estate in fee, subject to all claims\nthe taxing jurisdiction or state may have thereon for taxes, liens or\nencumbrances, if (a) a New York state licensed real estate appraiser\nconducts an appraisal of the property prior to the issuance of the deed\nto establish the property's fair market value and (b) the property's\nappraised value does not exceed the outstanding amount due to the tax\nlien holder. The tax district shall levy the cost of conducting the\nappraisal as a lien upon the property to be collected along with any\nother pending taxes, liens, or encumbrances; or\n  2. Notwithstanding any other law to the contrary, after the applicable\nredemption period has elapsed, an action to foreclose a tax sale\ncertificate issued pursuant to former title three of article fourteen of\nthis chapter or pursuant to a local law or charter may be commenced and\nmaintained pursuant to this title.\n  3. Notwithstanding any other law to the contrary, when a tax lien has\nbeen sold to a third party, the lienholder shall send a homeowner\nwarning notice in the manner provided by section eleven hundred\nforty-four of this article at least one hundred eighty days prior to\nmaking application for a treasurer's deed or commencing a foreclosure\nproceeding, as the case may be.\n  4. Notwithstanding the foregoing provisions of this section, in a city\nwith a population of one million or more, real property tax liens owned\nby third parties shall be enforced in the manner provided by the\nadministrative code of such city.\n
N.Y. PBA Law § 3617 — New York Code / Act PBA / Article 10-C / Title 5 / Section 3617
Audit and annual reports
Status: in_force

§ 3617. Audit and annual reports. 1. In conformity with the provisions\nof section five of article ten of the state constitution, the accounts\nof the corporation shall be subject to the supervision of the state\ncomptroller and an annual audit shall be performed by an independent\ncertified public accountant. The corporation shall annually submit to\nthe town boards of supervisors a detailed report pursuant to the\nprovisions of section twenty-eight hundred of this chapter, and a copy\nof such report shall be filed with the clerk of each town.\n  2. The corporation shall report on an annual basis the following\ninformation: the name, principal business address and principal business\nactivities of each subsidiary of the corporation; the name of all board\nmembers and officers of each subsidiary; the number of employees of each\nsubsidiary; a list of all contracts in excess of one hundred thousand\ndollars entered into by the corporation and its subsidiaries identifying\nthe amount, purpose and duration of such contract; and a financial\nstatement, income statement, and balance sheet performed by an\nindependent certified public accountant all in accordance with generally\naccepted accounting principles of the corporation and each of its\nsubsidiaries. At the time the reports required by subdivision one of\nthis section are submitted, such reports shall be provided to the\ngovernor, the speaker of the assembly, the temporary president of the\nsenate and a copy of such report shall be filed with the clerk of each\ntown and the town supervisors and with the clerk of the county.\n
N.Y. EDN Law § 3609-F — New York Code / Act EDN / Title 5 / Article 73 / Part 1 / Section 3609-F
Moneys apportioned to school districts for lottery grants pursuant to subparagraph two-a of paragraph b of subdivision four of section ni...
Status: in_force

§ 3609-f. Moneys apportioned to school districts for lottery grants\npursuant to subparagraph two-a of paragraph b of subdivision four of\nsection ninety-two-c of the state finance law, when and how payable\ncommencing July first, two thousand seven. Notwithstanding the\nprovisions of section thirty-six hundred nine-a of this article,\napportionments payable pursuant to subparagraph two-a of paragraph b of\nsubdivision four of section ninety-two-c of the state finance law shall\nbe paid pursuant to this section. The definitions of "base year" and\n"current year" as set forth in subdivision one of section thirty-six\nhundred two of this article shall apply to this section.\n  1. Prescribed payments. The moneys apportioned by the commissioner to\nschool districts pursuant to subparagraph two-a of paragraph b of\nsubdivision four of section ninety-two-c of the state finance law during\nthe school year shall be paid as follows:\n  (a) September payment. The product of the moneys apportioned to such\ndistrict pursuant to subparagraph two-a of paragraph b of subdivision\nfour of section ninety-two-c of the state finance law multiplied by ten\npercent, and such amount shall be payable on the same date as the\npayment computed pursuant to subparagraph two of paragraph a of\nsubdivision one of section thirty-six hundred nine-a of this article.\n  (b) October payment. The product of the moneys apportioned to such\ndistrict pursuant to subparagraph two-a of paragraph b of subdivision\nfour of section ninety-two-c of the state finance law multiplied by\nfifteen percent, and such amount shall be payable on the same date as\nthe payment computed pursuant to clause (i) of subparagraph four of\nparagraph a of subdivision one of section thirty-six hundred nine-a of\nthis article.\n  (c) November payment. The product of the moneys apportioned to such\ndistrict pursuant to subparagraph two-a of paragraph b of subdivision\nfour of section ninety-two-c of the state finance law multiplied by\nfifteen percent, and such amount shall be payable on the same date as\nthe payment computed pursuant to clause (ii) of subparagraph four of\nparagraph a of subdivision one of section thirty-six hundred nine-a of\nthis article.\n  (d) December payment. The product of the moneys apportioned to such\ndistrict pursuant to subparagraph two-a of paragraph b of subdivision\nfour of section ninety-two-c of the state finance law multiplied by\nfifteen percent, and such amount shall be payable on the same date as\nthe payment computed pursuant to clause (iii) of subparagraph four of\nparagraph a of subdivision one of section thirty-six hundred nine-a of\nthis article.\n  (e) January payment. The product of the moneys apportioned to such\ndistrict pursuant to subparagraph two-a of paragraph b of subdivision\nfour of section ninety-two-c of the state finance law multiplied by\nfifteen percent, and such amount shall be payable on the same date as\nthe payment computed pursuant to clause (i) of subparagraph two of\nparagraph b of subdivision one of section thirty-six hundred nine-a of\nthis article.\n  (f) February payment. The product of the moneys apportioned to such\ndistrict pursuant to subparagraph two-a of paragraph b of subdivision\nfour of section ninety-two-c of the state finance law multiplied by\nfifteen percent, and such amount shall be payable on the same date as\nthe payment computed pursuant to clause (ii) of subparagraph two of\nparagraph b of subdivision one of section thirty-six hundred nine-a of\nthis article.\n  (g) March payment. The positive difference, if any, of the moneys\napportioned to such district pursuant to subparagraph two-a of paragraph\nb of subdivision four of section ninety-two-c of the state finance law\nless the sum of the payments made pursuant to paragraphs (a), (b), (c),\n(d), (e) and (f) of this subdivision, and such amount shall be payable\non the same date as the payment computed pursuant to clause (iii) of\nsubparagraph two of paragraph b of subdivision one of section thirty-six\nhundred nine-a of this article.\n  2. Any payment to a school district pursuant to this section shall be\ngeneral receipts of the district and may be used for any lawful purpose\nof the district.\n
N.Y. PBH Law § 576 — New York Code / Act PBH / Article 5 / Title 5 / Section 576
Duties and powers of the department
Status: in_force

§ 576. Duties and powers of the department. 1. The department may\ninquire into the operation of clinical laboratories and blood banks and\nmay conduct periodic inspections and/or evaluations of facilities,\nmethods, procedures, materials, staff and equipment to assess compliance\nwith requirements set forth in this title, the regulations promulgated\nhereunder and local laws, codes or regulations as specified in\nsubdivision three of section five hundred eighty of this title.\n  2. The department may require clinical laboratories and blood banks to\nsubmit, in a form prescribed by the department, periodic reports of\ntests performed and such other information as the department may require\nto carry out the provisions of this title. The department may adopt\nregulations to require clinical laboratories and blood banks to report\nall serious adverse incidents which may be connected to the clinical\nlaboratory or blood bank services provided. Such incident reports shall\nbe deemed confidential in the same manner as such reports submitted\npursuant to section twenty-eight hundred five-m of this chapter. The\ndepartment may also require clinical laboratories and blood banks to\nsubmit lists of personnel who are employed to perform laboratory\nprocedures and to notify the department promptly of any changes in such\npersonnel.\n  3. The department shall operate a reference system and shall prescribe\nstandards for the proper operation of clinical laboratories and blood\nbanks and for the examination of specimens. As part of such reference\nsystem, the department may review and approve testing methods developed\nor modified by clinical laboratories and blood banks prior to the\ntesting methods being offered in this state, and may require clinical\nlaboratories and blood banks to analyze test samples submitted by the\ndepartment and to report on the results of such analyses. The rules and\nregulations of the department shall prescribe the requirements for the\nproper operation of a clinical laboratory or blood bank, for the\napproval of methods and the manner in which proficiency testing or\nanalyses of samples shall be performed and reports submitted. Failure to\nmeet department standards for the proper operation of a clinical\nlaboratory or blood bank, including the criteria for approval of\nmethods, or failure to maintain satisfactory performance in proficiency\ntesting shall result in termination of the permit in the category or\ncategories of testing established by the department in regulation until\nremediation is achieved. Such standards shall be at least as stringent\nas federal standards promulgated under the federal clinical laboratory\nimprovement amendments of nineteen hundred eighty-eight. Such failure\nand termination shall be subject to review in accordance with\nregulations adopted by the department.\n  4. (a) The department may adopt and amend rules and regulations to\neffectuate the provisions and purposes of this title. Such rules and\nregulations shall establish fees for clinical laboratories and blood\nbanks in amounts not exceeding the cost of the reference system for\nclinical laboratories and blood banks and shall be subject to the\napproval of the director of the budget. For the purposes of this\nsubdivision, standard federally established governmental cost allocation\npractices shall be used by the commissioner to determine the cost of the\nreference system. The department shall make available, on the\ndepartment's website, information on the costs included in determining\nthe permitted laboratories' fees. The department shall not deem as costs\nof the reference system, costs associated with federal grants and\npatents which are not related to the reference system. The fee paid by\nthe department to maintain an exemption for clinical laboratories and\nblood banks from the requirements of the federal clinical laboratory\nimprovement amendments of nineteen hundred eighty-eight shall be deemed\na cost of the reference system.\n  (b) In determining the fee charges to be assessed, the department\nshall, on or before May first of each year, compute the costs for the\npreceding state fiscal year which were expended to operate and\nadminister the duties of the department pursuant to this title. The\ndepartment shall, at such time or times and pursuant to such procedure\nas it shall determine by regulation, bill and collect from each clinical\nlaboratory and blood bank an amount computed by multiplying such total\ncomputed operating expenses of the department by a fraction the\nnumerator of which is the gross annual receipts of such clinical\nlaboratory or blood bank during such twelve month period preceding the\ndate of computation as the department shall designate by regulation, and\nthe denominator of which is the total gross annual receipts of all\nclinical laboratories or blood banks operating in the state during such\nperiod.\n  (c) Each such clinical laboratory and blood bank shall submit to the\ndepartment, in such form and at such times as the department may\nrequire, a report containing information regarding its gross annual\nreceipts for all activities performed pursuant to a permit issued by the\ndepartment in accordance with the provisions of section five hundred\nseventy-five of this title. The department may require additional\ninformation and audit and review such information to verify its\naccuracy.\n  (d) Partial payments equal to one-quarter of the total amount billed,\nmay be made on or before June thirtieth, September thirtieth, December\nthirty-first and March tenth of the fiscal year to which the billing\nrelates.\n  (e) On or before September fifteenth of each year, the department\nshall reconcile its costs and expenses for the reference system for the\npreceding state fiscal year and shall, on or before October fifteenth\nsend to each clinical laboratory and blood bank, a statement setting\nforth the amount due and payable by, or the amount computed to the\ncredit of, such clinical laboratory or blood bank, computed on the basis\nof the above stated formula, except that for the purposes of such\ncomputation the fraction shall be multiplied against the total\nrecomputed expenses of the department for such fiscal year. Any amount\ndue shall be payable not later than thirty days following the date of\nsuch statement. Any credit shall be applied against any succeeding\npayment due.\n  (f) The commissioner may waive all or any part of such fee charges for\nclinical laboratories or blood banks operated by local governments and\nfor nonprofit clinical laboratories or blood banks performing\nexaminations and analyses or providing services under contract with the\nstate or its local governments.\n  (g) Subject to the approval of the director of the budget, the\ncommissioner shall charge adequate and reasonable fees for the periodic\ninspection of out-of-state clinical laboratories and blood banks, not\nexceeding the estimated additional costs incurred for out-of-state\ninspections under this title.\n  5. The department, within the amounts appropriated, may employ\ninspectors, investigators, assistants and other employees or may\ncontract with the city of New York to carry out the provisions of this\ntitle, set the compensation of such employees, within limits provided by\nlaw, and prescribe the duties of such employees.\n  6. The commissioner may appoint one or more advisory committees of\npersons expert in the major categories of clinical laboratory procedures\nto advise the commissioner in connection with the qualifications of\ntechnical personnel employed and the use of appropriate procedures. Each\nsuch advisory committee shall include at least one designee of the\ncommissioner of the department of health of the city of New York.\n  7. The department may adopt rules or regulations applicable only to or\nin the city of New York which are designed to address special needs or\ncircumstances existing in such city. The department shall consider the\nrecommendations of the city of New York, or the department or board of\nhealth of such city, concerning the adoption or amendment of any such\nrules or regulations.\n  8. The department may enter into agreements with the secretary of\nhealth and human services as authorized by the federal clinical\nlaboratory improvement act of nineteen hundred eighty-eight and title\nXVIII of the social security act to perform such acts as may be\nnecessary to assure conformance with such laws by laboratories operating\nin the state.\n
N.Y. PBA Law § 3606 — New York Code / Act PBA / Article 10-C / Title 5 / Section 3606
Special powers of the corporation
Status: in_force

§ 3606. Special powers of the corporation. In order to effectuate the\npurposes of this title, the corporation shall have the following\nadditional powers, except as limited by this title, the public health\nlaw, the mental hygiene law, the social services law, the education law\nand any other applicable law or regulation:\n  1. To operate, manage, superintend and control any health facility\nunder its jurisdiction and to repair, maintain and otherwise keep up any\nsuch health facility; and to establish, collect and adjust fees,\nrentals, and other charges for the sale, lease or sublease of any such\nhealth facility, subject to the terms and conditions of any contract,\nlease, sublease or other agreement with the towns;\n  2. To provide health and medical services for the public directly or\nby agreement or lease with any person, firm or private or public\ncorporation or association through or in the health facilities of the\ncorporation or otherwise and to make internal policies governing\nadmissions and health and medical services; and to establish, collect\nand adjust fees and other charges for the provision of such health and\nmedical services; and to provide and maintain resident physician and\nintern medical services; and to sponsor and conduct research,\neducational and training programs;\n  3. To provide uncompensated care to persons in need of health care\nservices without the ability to pay;\n  4. (a) To provide, maintain and operate a medical transport service,\nprovided, however, nothing herein shall prohibit the corporation from\nadopting a schedule of charges for medical transport;\n  (b) For purposes of section three thousand eight of the public health\nlaw, the corporation shall be deemed to be a municipality for the\npurposes of determining a public need to operate an ambulance service;\n  5. To enter into contracts, leases, subleases and other agreements for\nthe purpose of affiliating with a medical college in conjunction with\nthe corporation's health facilities, which agreements may provide for\nthe management, operation and staffing of health facilities, the\nreconstruction, renovation or addition to health facilities; the\nprovision of necessary facilities, utilities and services; and such\nother conditions or features necessary and proper for such purpose and\nfor the public health and general welfare;\n  6. To determine the conditions under which a physician may be extended\nthe privilege of practicing within a health facility under the\njurisdiction of the corporation, and to promulgate reasonable internal\npolicies for the conduct of all persons, physicians and nurses within\nsuch facility;\n  7. To participate in managed care networks, fee-for-service, and other\njoint and cooperative arrangements for the provision of general\ncomprehensive and specialty health care services, directly or through\ncontract with other service providers or entities including employees or\nentities of the state;\n  8. To establish subsidiary corporations or other entities in\naccordance with subdivision nine of this section:\n  (a) to meet the demands of health care delivery changes; and\n  (b) to market, manufacture or develop products or services developed\nby the corporation's clinical and research activities;\n  9. (a) To form or participate in the formation of one or more entities\npursuant to the business corporation law, the limited liability company\nlaw, the not-for-profit corporation law, or the partnership law in order\nto effectuate the purposes and powers of subdivisions seven and eight of\nthis section.\n  (b) No subsidiary of the corporation shall own, operate, manage or\ncontrol the existing acute inpatient and outpatient facilities and\nservices now in operation on the grounds of the Clifton-Fine Hospital.\n  (c) Any such subsidiary may be authorized to act as a general or\nlimited partner in a partnership or as a member of a limited liability\ncompany, and enter into an arrangement calling for an initial and\nsubsequent payment by such subsidiary in consideration of an interest in\nrevenues or other contractual rights.\n
N.Y. EDN Law § 3609-A — New York Code / Act EDN / Title 5 / Article 73 / Part 1 / Section 3609-A
Moneys apportioned, when and how payable commencing July first, two thousand seven
Status: in_force

§ 3609-a. Moneys apportioned, when and how payable commencing July\nfirst, two thousand seven.\n  For aid payable in the two thousand seven--two thousand eight school\nyear through the two thousand twenty-six--two thousand twenty-seven\nschool year, "moneys apportioned" shall mean the lesser of (i) the sum\nof one hundred percent of the respective amount set forth for each\nschool district as payable pursuant to this section in the school aid\ncomputer listing for the current year produced by the commissioner in\nsupport of the budget which includes the appropriation for the general\nsupport for public schools for the prescribed payments and\nindividualized payments due prior to April first for the current year\nplus the apportionment payable during the current school year pursuant\nto subdivision six-a and subdivision fifteen of section thirty-six\nhundred two of this part minus any reductions to current year aids\npursuant to subdivision seven of section thirty-six hundred four of this\npart or any deduction from apportionment payable pursuant to this\nchapter for collection of a school district basic contribution as\ndefined in subdivision eight of section forty-four hundred one of this\nchapter, less any grants provided pursuant to subparagraph two-a of\nparagraph b of subdivision four of section ninety-two-c of the state\nfinance law, less any grants provided pursuant to subdivision five of\nsection ninety-seven-nnnn of the state finance law, less any grants\nprovided pursuant to subdivision twelve of section thirty-six hundred\nforty-one of this article, or (ii) the apportionment calculated by the\ncommissioner based on data on file at the time the payment is processed;\nprovided however, that for the purposes of any payments made pursuant to\nthis section prior to the first business day of June of the current\nyear, moneys apportioned shall not include any aids payable pursuant to\nsubdivisions six and fourteen, if applicable, of section thirty-six\nhundred two of this part as current year aid for debt service on bond\nanticipation notes and/or bonds first issued in the current year or any\naids payable for full-day kindergarten for the current year pursuant to\nsubdivision nine of section thirty-six hundred two of this part. The\ndefinitions of "base year" and "current year" as set forth in\nsubdivision one of section thirty-six hundred two of this part shall\napply to this section. For aid payable in the two thousand\ntwenty-six--two thousand twenty-seven school year, reference to such\n"school aid computer listing for the current year" shall mean the\nprintouts entitled "SA262-7".\n  1. General support for public schools (GSPS) appropriation. The GSPS\nappropriation shall be used to support payments made pursuant to this\nsection, plus apportionments made pursuant to section seven hundred one,\nseven hundred eleven, seven hundred fifty-one, seven hundred\nfifty-three, thirty-two hundred two, thirty-six hundred nine-b,\nthirty-six hundred forty-one and forty-four hundred five of this\nchapter, any other applicable allocations made pursuant to this chapter,\nbut not paid pursuant to the schedule prescribed by this section or\nsections thirty-six hundred nine-b, thirty-six hundred nine-d or\nthirty-six hundred nine-f of this article; plus any unconsolidated law\nprovisions which apply to programs funded from such appropriation; plus\nany sums paid out upon audit of the state comptroller as final\nadjustments of apportionments originally claimed and payable pursuant to\nthis subdivision in prior school years; plus sums paid out as prior year\nadjustments, to the extent an allowance was included in such\nappropriation for such purpose. Any apportionments provided by this\nchapter shall be paid in accordance with this section unless\nspecifically exempted.\n  a. Prescribed payments. (1) District payments to the teachers'\nretirement system. Of the moneys apportioned by the commissioner to\nschool districts for the current year, after the payment of lottery aid\nin accordance with subparagraph two of this paragraph, an amount not to\nexceed one-third of the amount owed by such school district to the New\nYork state teachers' retirement system for salaries paid in the base\nyear or for other obligations pursuant to section five hundred\ntwenty-one of this chapter shall be payable to such teachers' retirement\nsystem on behalf of the school district on or before the fifteenth day\nof each of the months of September, October and November, except that\nspecial payments due such teachers' retirement system shall be payable\non or before the fifteenth day of October. Any underpayment resulting\nfrom data changes shall be payable from spring payments. Any portion of\nthe payments due such teachers' retirement system that exceed the\nremainder of the moneys to be apportioned to the school district shall\nbe made directly by the school district to the system.\n  (2) Lottery apportionment. Of the estimated moneys to be apportioned\nby the commissioner to school districts for the current year, that\nportion payable pursuant to section ninety-two-c of the state finance\nlaw, exclusive of the minimum lottery grant provided for the purchase of\ntextbooks pursuant to subparagraph one of paragraph b of subdivision\nfour of section ninety-two-c of such law and the lottery grant provided\npursuant to subparagraph two-a of paragraph b of subdivision four of\nsection ninety-two-c of the state finance law, shall be payable on or\nbefore the last state business day of September.\n  (3) Lottery textbook apportionment. The minimum lottery grant provided\nfor the purchase of textbooks pursuant to subparagraph one of paragraph\nb of subdivision four of section ninety-two-c of the state finance law,\nshall be payable on or before the last state business day of September.\n  (4) Fixed fall payments. Of the moneys apportioned remaining to be\npaid to school districts for the current year after deductions are made\nfor the purpose of subparagraph one of this paragraph, districts shall\nbe eligible to receive payments determined as follows: (i) on or before\nOctober fifteenth, an estimated twelve and one-half percent of such\nremaining amount minus the amount paid pursuant to subparagraph two of\nthis paragraph; (ii) on or before November fifteenth, an estimated\neighteen and seventy-five one hundredths percent of such remaining\namount minus the sum of the amounts paid pursuant to clause (i) of this\nsubparagraph and subparagraph two of this paragraph; and (iii) on or\nbefore December fifteenth, an estimated twenty-five percent of such\nremaining amount minus the sum of the amounts paid pursuant to clauses\n(i) and (ii) of this subparagraph and subparagraph two of this\nparagraph. Such amounts shall be payable only to the extent that reports\ndue the commissioner have been filed.\n  (5) Remaining apportionment. The remaining moneys apportioned for the\ncurrent year after deductions are made for the purposes of subparagraphs\none, two and four of this paragraph, shall be payable pursuant to\nparagraph b of this subdivision to the extent that reports due the\ncommissioner have been filed.\n  b. Individualized payments. (1) District expenditure need. To\ndetermine the payments a district shall be eligible to receive under\nthis paragraph, a district expenditure need shall be computed, based on\nestimated data on file with the commissioner as of December first, which\nshall equal the general fund expenditures for the base year (i) minus\nthe sum of base year aids and grants recorded as revenue to such general\nfund but not payable pursuant to this section; (ii) minus the district's\nbase year general fund expenditures to the New York state teachers'\nretirement system; (iii) minus that portion of the district's base year\ngeneral fund expenditures for debt service eligible for an apportionment\npursuant to subdivision six of section thirty-six hundred two of this\nchapter plus such general fund expenditures for debt service for the\ncurrent year; and (iv) minus current year aid pursuant to subparagraphs\ntwo and four of paragraph a of this subdivision.\n  (2) Payment amounts. For remaining aid payments due prior to July,\nmoneys apportioned shall be determined based on preliminary aid data on\nfile with the commissioner on December first, provided that such\ncommissioner shall recompute such amounts designated for the month of\nJune based on aid data on file with the commissioner as of May first.\n(i) January amount. If the aid payable under this paragraph exceeds\nfifty percent of the expenditure need of the district, then such excess\namount shall be designated for the month of January. (ii) February\namount. If such aid, minus any aid payable pursuant to clause (i) of\nthis subparagraph, exceeds forty percent of such expenditure need, then\nsuch excess amount shall be designated for the month of February. (iii)\nMarch amount. If such aid, minus any aid payable pursuant to clauses (i)\nand (ii) of this subparagraph, exceeds thirty percent of such\nexpenditure need, then such excess amount shall be designated for the\nmonth of March. (iv) April amount. If such aid, minus any aid payable\npursuant to clauses (i), (ii) and (iii) of this subparagraph, exceeds\ntwenty percent of the expenditure need of the district, then such excess\namount shall be designated for the month of April. (v) May amount. If\nsuch aid, minus any aid payable pursuant to clauses (i), (ii), (iii) and\n(iv) of this subparagraph, exceeds ten percent of such expenditure need,\nthen such excess amount shall be designated for the month of May. (vi)\nJune amount. Any moneys apportioned not designated pursuant to clauses\n(i), (ii), (iii), (iv) and (v) of this subparagraph shall be designated\nfor the month of June.\n  (3) Payments. (i) Winter payments. The amounts designated for January,\nFebruary and March pursuant to clauses (i), (ii) and (iii) of\nsubparagraph two of this paragraph shall be paid on or before the last\nstate business day of such months.\n  (ii) Sustaining advance payments. In order to sustain all advance\npayments made in previous school years pursuant to subparagraph five of\nthis paragraph or the comparable provisions of section thirty-six\nhundred nine of this article, the commissioner shall establish a\nschedule to distribute the sustaining advance payment amount among\nschool districts. Such sustaining advance payments due to school\ndistricts shall be, first, in the same proportion as such school\ndistrict's share bears to the total moneys designated for payment in the\nmonth of April, second, as a share of the total moneys designated for\nMay and last, if applicable, as a share of the total moneys designated\nfor June to all such school districts pursuant to clauses (iv), (v), and\n(vi) of subparagraph two of this paragraph. The sustaining advance\npayment due shall be deducted first from a school district's designated\namount for April, then from a school district's designated amount for\nMay and finally from any moneys due in June. The commissioner shall\ntransmit a schedule to the comptroller, the director of the budget and\nthe chairs of the legislative fiscal committees displaying for each\ndistrict, the sustaining advance payment due, the portion of such amount\nto be withheld pursuant to subparagraph four of this paragraph and the\nremainder, if any, to be paid to the school district on or before March\nthirty-first.\n  (iii) Determining final payment for the state fiscal year. Prior to\ntransmitting the March payment to the state comptroller, based on\ncurrent year, base year and prior school year state aid payments made or\nscheduled to be made from the general support for public schools\nappropriations for the state fiscal year ending March thirty-first, the\ncommissioner shall determine the extent to which the amount designated\nfor June pursuant to clause (vi) of subparagraph two of this paragraph,\nas adjusted in accordance with clause (ii) of this subparagraph, net of\nany disallowances, would need to be advanced and paid on or before March\nthirty-first in order to use the remainder of such appropriations,\nexcluding amounts assigned to the department of health pursuant to\nsubdivision one of section thirty-six hundred nine-b of this article, on\nor before March thirty-first, or to the extent to which the amount\ndesignated for March would need to be proportionally reduced so as not\nto exceed such state fiscal year appropriations. The commissioner shall\nreport the amount of money required to be advanced or deferred and the\npercent it represents of the June or March amounts, as the case may be,\nto the director of the budget, the chairperson of the senate finance\ncommittee and the chairperson of the assembly ways and means committee.\nTo the extent that moneys are advanced or deferred pursuant to this\nparagraph, they shall be in the same proportion as each school\ndistrict's share bears to the total of such June or March amount. Upon\napproval of the director of the budget, the commissioner shall transmit\nthe schedule of any such partial June prepayments or such reduced March\npayments to the state comptroller. Any portion of the March payment\ndeferred shall be added to the June payment; any portion of the June\npayment advanced shall be paid on or before March thirty-first.\n  (iv) April and May payments. Any amount designated for and remaining\nto be paid in April or May pursuant to clauses (iv) and (v) of\nsubparagraph two of this paragraph minus any portion of such amounts\nadvanced pursuant to clause (ii) of this subparagraph shall be paid on\nor before the last state business day of such months.\n  (v) June payment. The moneys apportioned to school districts and\ndesignated for June pursuant to clause (vi) of subparagraph two of this\nparagraph shall be paid on or before the last state business day of such\nmonth, to the extent that moneys are owed to school districts pursuant\nto this section for the current year, including claims for current year\naid for debt service on bond anticipation notes aidable in June and/or\nnew bonds and capital notes aidable in June pursuant to subdivisions six\nand fourteen, if applicable, of section thirty-six hundred two of this\npart and claims for current year aid for conversion to full day\nkindergarten, after taking into account any adjustments made in\naccordance with clauses (ii) and (iii) of this subparagraph, net of any\ndisallowances.\n  (vi) Deferred July payment of certain claims for debt service on bond\nanticipation notes and on bonds or capital notes first issued in the\ncurrent year. The moneys apportioned to school districts for claims for\ncurrent year aid for debt service on bond anticipation notes aidable in\nJuly following the current year and/or new bonds and capital notes\naidable in July following the current year pursuant to subdivisions six\nand fourteen, if applicable, of section thirty-six hundred two of this\npart shall be paid on or before the last state business day of July\nimmediately following the current school year, to the extent that moneys\nare owed to school districts pursuant to this section for the current\nyear, net of any disallowances.\n  (vii) Deferred September payments. Any amounts payable to a school\ndistrict pursuant to this section which exceeded one hundred percent of\nthe respective amount set forth for such district as payable pursuant to\nthis section in the school aid computer listing for the current school\nyear shall be designated for payment for the month of September next\nfollowing the close of the current school year. Such payments shall be\nmade on or before the last state business day of the month of September,\nbased on data on file as of August first.\n  (4) State share of medicaid reimbursements. For the purposes of this\nsubparagraph, for aid payable in the two thousand ten--two thousand\neleven school year, the first reporting period shall run from May first\nof the base year through January thirty-first of the current year, and\nthe second reporting period shall run from February first of the current\nyear through March thirty-first of the current year. For aid payable in\nthe two thousand eleven--two thousand twelve school year and thereafter,\nthe first reporting period shall run from April first of the base year\nthrough December thirty-first of the current year, and the second\nreporting period shall run from January first of the current year\nthrough March thirty-first of the current year. Notwithstanding any\ninconsistent provisions of law to the contrary, the sustaining advance\npayment due any school district pursuant to clause (ii) of subparagraph\nthree of this paragraph in March shall be reduced by fifty percent of\nany federal participation during the first reporting period pursuant to\ntitle XIX of the social security act, in special education programs\nprovided pursuant to article eighty-nine of this chapter for services\nprovided on or before June thirtieth, two thousand nine; the June\npayment due any school district pursuant to clause (v) of subparagraph\nthree of this paragraph shall be reduced by fifty percent of any federal\nparticipation during the second reporting period for services provided\non or before June thirtieth, two thousand nine. Not later than ten days\nafter the end of the first reporting period ending on January\nthirty-first, two thousand eleven, not later than forty-one days after\neach first reporting period thereafter and not later than forty days\nafter the end of each second reporting period, the commissioner of\nhealth, as the authorized fiscal agent of the state education\ndepartment, shall certify to the commissioner and the director of the\nbudget the total amount of such federal moneys paid to a school district\nfor such services during such reporting period. Following each cycle\npayment, the commissioner of health shall report to the commissioner the\naggregate amount of such federal medicaid payments to each school\ndistrict. The commissioner shall recoup such amounts first, to the\nextent possible, from the specified payment, then by withholding any\nother moneys due the school district and finally by direct billing to\nany school district still owing moneys to the state. All moneys withheld\nor paid to the state on account of this paragraph shall be credited by\nthe comptroller to the local assistance account for general support for\npublic schools.\n  (5) Advance payments. To the extent that any moneys payable pursuant\nto clauses (iv) and (v) of subparagraph two of this paragraph, are paid\nin advance of April first, such moneys shall be paid in accordance with\nchapter two hundred twenty of the laws of nineteen hundred ninety, as\namended, and in the same proportion as such school district's share\nbears to the total moneys, payable to all such school districts pursuant\nto such clauses (iv) and (v) provided however, that any moneys so\nadvanced shall be deducted first from a school district's payment due in\nApril, then from any moneys due in May and finally from any remaining\nmoneys due in June.\n  (6) Apportionments to the city school district of the city of New York\nunder the provisions of this paragraph shall be computed and paid on a\ncity-wide basis.\n  c. Deficit reduction assessment for two thousand nine--two thousand\nten. Notwithstanding any other provision of law, the commissioner shall\nreduce payments due to each district pursuant to this section by an\namount equal to the amounts set forth for each school district as\n"DEFICIT REDUCTION ASSESSMENT" in the school aid computer listing\nproduced by the commissioner in support of the executive budget request\nfor the two thousand nine--two thousand ten school year and entitled\n"BT112-1", and such amount shall be deducted from moneys apportioned for\nthe purposes of payments made pursuant to section thirty-six hundred\nnine-a of the education law and provided further that the amount of such\nreduction shall be deemed to have been paid to the district pursuant to\nthis section for the school year in which such deduction is made. The\ncommissioner shall provide a schedule of such reductions in payments to\nthe state comptroller, the director of the budget, the chair of the\nsenate finance committee and the chair of the assembly ways and means\ncommittee.\n  d. Supplemental deficit reduction assessment for the two thousand\nnine--two thousand ten school year. (1) Notwithstanding any other\nprovision of law to the contrary, the commissioner shall reduce payments\ndue to each district for the two thousand nine--two thousand ten school\nyear pursuant to this section by an amount equal to the supplemental\ndeficit reduction assessment computed for such district, and such amount\nshall be deducted from moneys apportioned for the purposes of payments\nmade pursuant to this section and if the reduction is greater than the\nsum of the amounts available for such deductions, the remainder of the\nreduction shall be withheld from payments scheduled to be made to the\ndistrict pursuant to this section for the two thousand ten--two thousand\neleven school year, and provided further that an amount equal to the\namount of such deduction shall be deemed to have been paid to the\ndistrict pursuant to this section for the school year in which such\ndeduction is made. The commissioner shall compute such supplemental\ndeficit reduction assessment and shall provide a schedule of such\nreduction in payments to the state comptroller, the director of the\nbudget, the chair of the senate finance committee and the chair of the\nassembly ways and means committee.\n  (2) The supplemental deficit reduction assessment shall be computed as\nthe product of thirty-five and sixty-two one-hundredths of a percent\n(0.3562) multiplied by the absolute value of the deficit reduction\nassessment established pursuant to paragraph c of this subdivision.\n  2. a. Such moneys shall be payable to the treasurer of each city\nschool district, and the treasurer of each union free school district\nand of each central school district and of each other school district,\nif there be a treasurer, otherwise to the collector or other disbursing\nofficer of such district, who shall apply for and receive the same as\nsoon as payable.\n  b. In the case of city school districts of cities with one hundred\ntwenty-five thousand inhabitants or more, any payment which pursuant to\nthis section is required to be made to the treasurer of the city school\ndistrict, shall be made to the city treasurer or chamberlain.\n  3. Except as otherwise provided by law, payment to a school district\npursuant to this section shall be general receipts of the district and\nmay be used for any lawful purpose of the district provided, however\nthat any payments for debt service for school building purposes on debt\nwhich has been excluded in ascertaining the power of the school district\nto contract indebtedness shall be used solely for the purpose of payment\nof the interest on and amortization of or payment of such indebtedness.\n
N.Y. VAT Law § 509-P — New York Code / Act VAT / Title 5 / Article 19-B / Section 509-P
Definitions
Status: in_force

§ 509-p. Definitions. As used in this article, the term:\n  1. "Commercial motor vehicle" shall mean a motor vehicle or\ncombination of vehicles having a gross combination weight rating of more\nthan ten thousand pounds used in commerce to transport property and it\nshall include a tow truck with a gross vehicle weight rating of at least\neighty-six hundred pounds.\n  2. "Gross vehicle weight rating" or "GVWR" shall mean the weight of a\nvehicle consisting of the unladen weight and the maximum carrying\ncapacity recommended by the manufacturer of such vehicle. The GVWR of a\ncombination of vehicles commonly referred to as the gross combination\nweight rating or GCWR is the GVWR of the power unit plus the GVWR of\neach vehicle in the combination.\n  3. "Commercial driver" shall mean every person who is self-employed or\nemployed by a commercial motor carrier and who drives a commercial motor\nvehicle for hire or profit.\n  4. "Commercial motor carrier" shall mean any person, corporation, or\nentity, who directs one or more commercial motor vehicles and who\noperates a commercial motor vehicle wholly within or partly within and\npartly without this state in connection with the operation or\nadministration of any business.\n
N.Y. PML Law § 1332 — New York Code / Act PML / Article 13 / Title 5 / Section 1332
Age for gaming participation
Status: in_force

§ 1332. Age for gaming participation. 1. No person under the age at\nwhich a person is authorized to purchase and consume alcoholic beverages\nshall enter, or wager in, a licensed gaming facility; provided, however,\nthat such a person may enter a gaming facility by way of passage to\nanother room, and provided further, however, that any such person who is\nlicensed or registered under the provisions of this article may enter a\ngaming facility in the regular course of the person's permitted\nactivities.\n  2. Any person disqualified pursuant to subdivision one of this section\nentitled to funds, cash or prizes from gambling activity shall forfeit\nsame. Such forfeited funds, cash or prizes shall be remitted to the\ncommission and deposited into the commercial gaming revenue fund.\n