reglab/statecodes huggingface dataset:
2023 New York Laws › STF - State Finance › Article 13 - New York False Claims Act › 192 - Limitation of Actions, Burden of Proof.

§ 192. Limitation of actions, burden of proof. 1. A civil action under
this  article  shall be commenced no later than ten years after the date
on which the violation of this article is committed. Notwithstanding any
other provision of law, for the purposes  of  this  article,  an  action
under this article is commenced by the filing of the complaint.
(1-a)  For  purposes  of  applying  rule three thousand sixteen of the
civil practice law and rules, in pleading an action brought  under  this
article the qui tam plaintiff shall not be required to identify specific
claims that result from an alleged course of misconduct, or any specific
records  or  statements  used, if the facts alleged in the complaint, if
ultimately proven true, would provide a reasonable indication  that  one
or  more  violations  of section one hundred eighty-nine of this article
are likely to have occurred, and if  the  allegations  in  the  pleading
provide adequate notice of the specific nature of the alleged misconduct
to permit the state or a local government effectively to investigate and
defendants fairly to defend the allegations made.
2.  In  any  action  brought  under  this  article, the state, a local
government that participates as a party in the  action,  or  the  person
bringing  the  qui  tam  civil  action,  shall  be required to prove all
essential elements of the cause  of  action,  including  damages,  by  a
preponderance of the evidence.
2023 New York Laws › STF - State Finance › Article 13 - New York False Claims Act › 193 - Other Law Enforcement Authority and Duties.

§  193. Other law enforcement authority and duties. This article shall
  not:
1.  preempt  the  authority,  or  relieve  the  duty,  of  other   law
  enforcement  agencies  to investigate and prosecute suspected violations
  of law;
2. prevent or  prohibit  a  person  from  voluntarily  disclosing  any
  information   concerning   a  violation  of  this  article  to  any  law
  enforcement agency; or
3. limit any of the powers granted elsewhere in this chapter and other
  laws to the attorney general or state agencies or local  governments  to
  investigate  possible  violations  of  this article and take appropriate
  action against wrongdoers.
2023 New York Laws › STF - State Finance › Article 14 - Salaries and Employee Benefits › 201-B - Qualified Transportation Fringe Benefit Program for Certain State Officers and Employees.

§  201-b.  Qualified transportation fringe benefit program for certain
  state officers and employees. 1. This section shall apply  to  employees
  as  set  forth  in  subdivision one of section two hundred one-a of this
  article.
2. The director  of  employee  relations,  in  consultation  with  the
  director   of  the  budget  and  the  president  of  the  civil  service
  commission, is authorized to establish a qualified transportation fringe
  benefit program consistent with section 132 of the internal revenue code
  and regulations adopted pursuant thereto,  and  implement  such  program
  subject to the approval of the director of the budget.
3. At the request of an employee as defined in subdivision one of this
  section,  the comptroller shall, by payroll deduction, reduce the amount
  of compensation elected by the employee pursuant to program  regulations
  and  section  132(f)  of  the  internal  revenue code for the purpose of
  providing the employee with a qualified transportation fringe benefit as
  authorized in subdivision two of this section, and  shall  transfer  the
  amount so reduced to the authorized program administrator.
4.  The  term  "program  administrator"  shall  mean  that  agent,  as
  determined by the director of employee relations,  responsible  for  the
  maintenance  and  management  of  the  qualified  transportation  fringe
  benefit program as authorized in subdivision two of this section.
5. Moneys deducted from the salaries  of  employees  of  participating
  employers  shall  be  held by the program administrator as agent for the
  participating  employer  and  shall   be   accounted   for   separately.
  Notwithstanding  any law to the contrary, such moneys may be paid out by
  the program administrator without any appropriation by law. All payments
  of moneys by the program administrator shall be made only in  accordance
  with  the  qualified transportation fringe benefit program upon audit of
  the state comptroller.
6. To the extent permitted by section 132 of the internal revenue code
  and regulations adopted pursuant thereto, any  salary  deducted  from  a
  participating   employee's   annual  compensation  for  the  purpose  of
  providing such employee with a qualified transportation  fringe  benefit
  shall  be  considered  part  of  annual  compensation for the purpose of
  computing retirement benefits.
7. Notwithstanding any other law, rule, or regulation to the contrary,
  where, and to the extent that, an agreement between  the  state  and  an
  employee  organization  entered into pursuant to article fourteen of the
  civil service law on behalf of employees  in  a  collective  negotiating
  unit  established  pursuant to article fourteen of the civil service law
  provides for a qualified transportation fringe benefit provided by  this
  section,   such   qualified   transportation  fringe  benefit  shall  be
  established in accordance with such agreement.
2023 New York Laws › STF - State Finance › Article 14 - Salaries and Employee Benefits › 201-C - Qualified Transportation Fringe Benefit Program for Employees of the City University of New York.

§ 201-c. Qualified transportation fringe benefit program for employees
  of  the  city university of New York. 1. The city university of New York
  is authorized to establish a  qualified  transportation  fringe  benefit
  program  consistent  with  section  132 of the internal revenue code and
  regulations adopted pursuant thereto.
2. Following the establishment of a  qualified  transportation  fringe
  benefit  program  as  authorized  by  subdivision  one  of this section,
  employees of the city university of New York shall be permitted  to  use
  pre-tax  earnings  to  purchase  qualified  transportation  benefits, in
  accordance with federal law and shall  thereupon  be  entitled  to  such
  personal income tax benefits as may be authorized by such law.
2023 New York Laws › STF - State Finance › Article 14 - Salaries and Employee Benefits › 203 - Reimbursement of Travel Expenses of Persons Attending Interviews for Appointment in State Service.

§   203.   Reimbursement  of  travel  expenses  of  persons  attending
  interviews for appointment in state service. 1. The appointing authority
  of a department or agency of  the  state,  subject  to  the  regulations
  hereinafter   mentioned  and  to  the  extent  that  appropriations  are
  available therefor, may reimburse persons for travel  expenses  incurred
  in travel necessary to attend interviews conducted by such department or
  agency  for  appointment  to  positions  in the service of the state for
  which there exists in New York state a shortage of qualified candidates.
  Positions in the competitive class for  which  there  are  shortages  of
  qualified  candidates  shall  be  determined  by the state department of
  civil  service;  for  positions  outside  the  competitive  class   such
  determination  shall  be made by the head of the department or agency in
  which the positions are authorized. The comptroller shall adopt and  may
  from  time  to  time  amend  regulations  for  carrying  into effect the
  provisions of this section. Such  regulations  may  limit  reimbursement
  hereunder  to  travel  expenses  incurred  in  travel  in  excess  of  a
  prescribed minimum distance, or may otherwise limit the amount  of  such
  expenses for which any person may be reimbursed.
2.  The  reimbursement  of  travel  expenses  to a person attending an
  interview conducted by a department or agency of the state shall be made
  from monies appropriated and available to such department or agency  for
  travel  expenses.  Travel expenses shall be payable after audit and upon
  the warrant of the comptroller in accordance with the provisions of this
  chapter.
2023 New York Laws › STF - State Finance › Article 14 - Salaries and Employee Benefits › 205 - Payment of Relocation Allowance to Certain Members of the State Police Upon Transfer Within State Service.

§ 205. Payment of relocation allowance to certain members of the state
  police  upon  transfer within state service. 1. A member of the New York
  state police eligible for reimbursement for moving and  travel  expenses
  pursuant  to  the  provisions of section two hundred two of this article
  and the regulations promulgated by the director of the  budget  pursuant
  to  the  provisions  of  such  section  shall  be  granted  a relocation
  allowance in lieu of reimbursement of expenses incidental to moving  not
  reimbursable under section two hundred two of this article.
2.  Such  allowance  shall  equal  three  per cent of the basic annual
  compensation of such member in the position to  which  he  is  promoted,
  transferred or reassigned, exclusive of any differential paid, provided,
  however,  that  in  no  case  shall  such  allowance exceed five hundred
  dollars if such position is  below  the  rank  of  lieutenant  or  eight
  hundred dollars if such position is the rank of lieutenant or above.
3.  No payment shall be made to a member otherwise eligible to receive
  a relocation allowance pursuant to this section unless he shall agree in
  writing to return to the state monies received for such expenses in  the
  event  that  he  resigns  or  voluntarily separates from the position to
  which he is transferred, reassigned or promoted within  one  year  after
  such  transfer,  reassignment or promotion.  The return of such funds to
  the state shall not  be  required  when  the  resignation  or  voluntary
  separation is the result of a promotion to a higher grade state position
  in  the same occupational field occurring more than six months following
  the transfer, reassignment or promotion, or by a promotion at  any  time
  in  the  same  geographic  area  if  he  would  have been eligible for a
  relocation allowance upon such promotion to such position  held  by  him
  immediately prior to the transfer, reassignment or promotion for which a
  relocation  allowance  was paid.   Monies owing to the state pursuant to
  this subdivision may be deducted from any monies due or accruing to  the
  member  on  resignation or separation or, if necessary, may be recovered
  by appropriate legal proceedings.
4. Nothing in this section shall affect or impair the  eligibility  of
  any member for reimbursement of travel and moving expenses in accordance
  with the provisions of section two hundred two of this article.
5.  Relocation  allowances  paid  pursuant  to  this  section shall be
  payable from monies appropriated and available to the division of  state
  police.  Relocation allowances of members whose salaries are paid from a
  fund  other  than the general fund shall be a proper charge against such
  other fund. Such allowance shall not be deemed to constitute salary  for
  any of the purposes of the civil service law.
2023 New York Laws › STF - State Finance › Article 14 - Salaries and Employee Benefits › 208 - Authorized Individual Retirement Plans.

§  208.  Authorized  individual  retirement  plans.  1.  a.  The  term
  "authorized individual retirement plan" as used in  this  section  shall
  mean  an individual retirement plan, as defined in the Economic Recovery
  Tax Act of 1981 (P.L. 97-34), established and maintained by one or  more
  financial  organizations  with  which a committee established herein has
  contracted pursuant  to  this  section  for  the  purposes  of  employee
  contribution by payroll deductions.
b.  The  term  "financial  organization" as used in this section shall
  mean an organization that is authorized to do business in the  state  of
  New  York,  and  is  licensed  or  chartered  by the state department of
  financial services, is chartered by an agency of the federal government,
  or is subject  to  the  jurisdiction  of  the  securities  and  exchange
  commission.
2.  The  president  of  the  civil service commission is authorized to
  enter into contracts, on behalf of the state, with one or more financial
  organizations to provide for authorized individual retirement  plans  in
  which employees of the state eligible to authorize payroll deductions by
  subdivision  seven  of  section  two  hundred  one  of  this article may
  participate. Any such contract shall be administered on  behalf  of  the
  state  by  the  president  of  the civil service commission and shall be
  subject to audit by the comptroller. No such contract shall take  effect
  until  it  has  been  submitted  to  and approved by the director of the
  budget and then approved by the comptroller.
2023 New York Laws › STF - State Finance › Article 14 - Salaries and Employee Benefits › 209-B - Severance Benefits for Certain State Officers and Employees.

§  209-b. Severance benefits for certain state officers and employees.
  1. Notwithstanding any other law, rule or regulation  to  the  contrary,
  where,  and  to  the  extent that, an agreement between the state and an
  employee organization entered into pursuant to article fourteen  of  the
  civil  service  law  on  behalf of employees in a collective negotiating
  unit established pursuant to article fourteen of the civil  service  law
  provides  for  the  payment of a severance benefit in the form of a lump
  sum payment or an educational stipend as  a  consequence  of  the  state
  contracting for goods and services, such severance benefit shall be paid
  in  accordance with such agreement. A severance benefit in the form of a
  lump sum payment shall be repaid to the state  under  the  circumstances
  and in the manner specified by such agreement.
2.  Notwithstanding any other law, rule or regulation to the contrary,
  officers and employees serving in  positions  in  the  executive  branch
  which  are  designated  managerial  or  confidential pursuant to article
  fourteen of the civil service  law,  civilian  state  employees  of  the
  division of military and naval affairs of the executive department whose
  positions  are not in, or are excluded from representation rights in any
  recognized  or  certified  negotiating  unit  and  those  excluded  from
  representation  rights  under  article fourteen of the civil service law
  pursuant to rules and regulations of  the  public  employment  relations
  board  whose  permanent positions in the competitive, non-competitive or
  labor classes are abolished as a consequence of  the  state  contracting
  for  goods and services may receive a severance benefit in the form of a
  lump sum payment or an educational stipend. Such severance benefit shall
  be paid in accordance with rules and regulations to  be  promulgated  by
  the  president  of  the civil service commission. A severance benefit in
  the form of a lump sum payment shall be repaid to the  state  under  the
  circumstances and in the manner specified by such rules and regulations.
3.  Any  severance  benefit paid pursuant to this section shall not be
  deemed salary  for  any  purposes  of  the  civil  service  law  or  the
  retirement and social security law.
2023 New York Laws › STF - State Finance › Article 15 - Excelsior Linked Deposit Act › 214 - Establishment and Purpose; Linked Deposit Program Authorization.

§   214.   Establishment   and   purpose;   linked   deposit   program
  authorization.  The excelsior linked deposit program is hereby  created.
  The  purpose  of  the  program  is  to  encourage  and  assist  eligible
  businesses within the state to undertake  eligible  projects  that  will
  materially    contribute    to    improving    their   performance   and
  competitiveness. The comptroller is hereby authorized to use any  moneys
  of the state the comptroller is authorized to invest pursuant to section
  ninety-eight-a  of  this chapter as linked deposits for the program. Not
  more than four hundred sixty million dollars of such moneys shall be  on
  deposit  pursuant  to the program at any given time. The commissioner of
  taxation and finance is hereby authorized to use  funds  in  the  linked
  deposit  program  fund  established  pursuant to section ninety-two-v of
  this chapter as linked deposits for  the  program.  Not  more  than  one
  hundred million dollars from the linked deposit program fund shall be on
  deposit pursuant to the program at any given time.
2023 New York Laws › STF - State Finance › Article 15 - Excelsior Linked Deposit Act › 215 - Responsibilities of Commissioner of Economic Development, Comptroller, Commissioner of Taxation and Finance and Superintendent of Financial Services.

§  215.  Responsibilities  of  commissioner  of  economic development,
  comptroller, commissioner of taxation and finance and superintendent  of
  financial  services.  1.  The commissioner of economic development shall
  administer the program pursuant to section two hundred nineteen of  this
  article, including all decisions with respect to the application and use
  of  the  program  for  eligible projects; market and promote the program
  pursuant to section two hundred  twenty-three  of  this  article;  after
  consulting  with  the  comptroller,  the  commissioner  of  taxation and
  finance and the superintendent of financial services,  issue  rules  and
  regulations  for  the  operation  of the program pursuant to section two
  hundred twenty-four of this article.
2. The comptroller's responsibilities for the program shall be limited
  to: pursuant to sections two hundred fourteen and two  hundred  nineteen
  of  this  article,  placing  moneys  on  deposit  at  the request of the
  commissioner of economic development for the purposes of the program and
  administering such deposits in accordance with  sections  ninety-eight-a
  and  one  hundred  five  of  this  chapter  and  with  the comptroller's
  established  procedures;  and  entering  into  deposit  agreements  with
  lenders pursuant to section two hundred nineteen of this article.
3. The commissioner of taxation and finance's responsibilities for the
  program  shall  be limited to: pursuant to sections two hundred fourteen
  and two hundred nineteen of this article, placing linked deposit program
  fund moneys on deposit at the request of the  commissioner  of  economic
  development  for  the  purposes  of  the  program and administering such
  deposits in accordance with sections ninety-eight-a and one hundred five
  of this chapter and with the  commissioner  of  taxation  and  finance's
  established  procedures;  and  entering  into  deposit  agreements  with
  lenders pursuant to section two hundred nineteen of this article.
4. The superintendent of financial services' responsibilities for  the
  program shall be limited to marketing and promoting the program pursuant
  to section two hundred twenty-three of this article.
2023 New York Laws › STF - State Finance › Article 15 - Excelsior Linked Deposit Act › 216 - Term of Program.

§  216.  Term  of program. 1. The program shall exist for a term which
  expires on the date this  article  expires  pursuant  to  chapter  seven
  hundred  five  of  the laws of nineteen hundred ninety-three which added
  this article. Linked loans may be made  only  during  the  term  of  the
  program  and linked deposits shall mature no later than four years after
  the expiration of the term of the program.
2. The authorized depositor may permit funds released  from  a  linked
  deposit  relating  to  a linked loan to be made available for additional
  linked deposits under this program.
2023 New York Laws › STF - State Finance › Article 15 - Excelsior Linked Deposit Act › 217 - Linked Loans.

§ 217. Linked loans. Linked loans shall be made by lenders pursuant to
  the  program  only  to  eligible  businesses in connection with eligible
  projects. A linked loan shall be limited to a  maximum  amount  of  four
  million  dollars.  An eligible business may receive more than one linked
  loan. During the life of the linked loan program, the  total  amount  of
  money  that a business can borrow from the linked program is six million
  dollars. The credit decision for making a  linked  loan  shall  be  made
  solely by the lender. Notwithstanding the length of the term of a linked
  loan,  the  linked  deposit  relating  to the linked loan shall be for a
  period of not more than four years.
2023 New York Laws › STF - State Finance › Article 15 - Excelsior Linked Deposit Act › 218 - Interest Rate for Linked Loans; No Lender's Fees.

§  218.  Interest  rate for linked loans; no lender's fees.  1. Linked
  loans made to certified  businesses  in  empire  zones  or  to  eligible
  businesses in highly distressed areas or to eligible businesses that are
  defined  in paragraph (b-1) of subdivision eleven of section two hundred
  thirteen of this article that are located  in  a  renewal  community  or
  defined  in  paragraph  (b-2) of such subdivision that are located in an
  empowerment zone or defined in paragraph (b-3) of such subdivision  that
  are  located  in  an  enterprise  community,  respectively  for eligible
  projects defined in paragraph (c) of subdivision twelve of  section  two
  hundred  thirteen  of  this article or to service-disabled veteran-owned
  business enterprises for an eligible project defined in paragraph (f) of
  subdivision twelve of section two hundred thirteen of this article or to
  minority- or women-owned business enterprises for  an  eligible  project
  defined  in  paragraph  (e) of subdivision twelve of section two hundred
  thirteen of this article or to a defense  industry  manufacturer  for  a
  project  defined  in  paragraph (d) of subdivision twelve of section two
  hundred thirteen of this article or to an eligible business pursuant  to
  paragraph  (a)  of subdivision eleven of section two hundred thirteen of
  this article that  produces  products  defined  in  subdivision  two  of
  section  three  hundred  one  of  the agriculture and markets law for an
  eligible project as defined in paragraph (b) of  subdivision  twelve  of
  section  two  hundred  thirteen of this article shall bear interest at a
  fixed rate equal to three percentage points  below  the  fixed  interest
  rate  the  lender  would  have  charged for the loan in the absence of a
  linked deposit based on  its  usual  credit  considerations.  All  other
  linked loans shall bear interest at a fixed rate equal to two percentage
  points  below  the fixed interest rate the lender would have charged for
  the loan in the absence of a linked deposit based on  its  usual  credit
  considerations.  Lenders  shall  certify to the commissioner of economic
  development that the rate  to  be  charged  on  a  linked  loan  is  two
  percentage  points or three percentage points, as the case may be, below
  the interest rate the lender would have charged  for  the  loan  in  the
  absence of a linked deposit.
2.  Lenders  who  make  loans  pursuant  to  the  program shall not be
  entitled to charge any  discount,  points,  origination  fees,  handling
  fees, service charges, refinancing fees or penalties or any charge other
  than  those normally charged and in such amounts normally charged by the
  lender for loans of the type being made without regard to the program.
2023 New York Laws › STF - State Finance › Article 15 - Excelsior Linked Deposit Act › 219 - Application Procedure.

§   219.  Application  procedure.  1.  The  commissioner  of  economic
development  shall  establish  procedures  and  other  requirements  for
participation in the program, and shall provide a simplified application
form  to  the participating lenders for linked deposits. Such form shall
reflect the qualifying information required by this article for eligible
businesses and shall contain a statement by the applicant that inability
to obtain the reduced interest rate provided by the program would impede
the ability of the applicant to undertake  the  eligible  project.  Upon
completion  of  any  application  for a linked deposit, the lender shall
send the application, together  with  the  interest  rate  certification
required  pursuant  to  section two hundred eighteen of this article, to
the commissioner of economic development who  shall  either  approve  or
reject  the  application  within  twenty-eight days. The commissioner of
economic development shall evaluate  each  application  based  upon  the
following criteria:
(a)  the  significance  of  the  eligible  project  for  improving the
competitive position and profitability of the eligible business;
(b) the materiality of a reduced cost of borrowing  through  a  linked
loan  to  the ability of the eligible business to undertake the eligible
project;
(c) the number of jobs likely to be  created  or  retained,  or  other
substantial  economic  benefits likely to be achieved as a result of the
linked loan; and
(d) such other criteria as the commissioner  of  economic  development
determines relevant.
2.  If  the  deposit  application  is  approved by the commissioner of
economic  development,  the  commissioner  shall  notify  an  authorized
depositor  that  the  commissioner  has  determined that the application
satisfies the requirements of this article, and the  commissioner  shall
request  the  authorized  depositor  to deposit funds with the lender in
accordance with section ninety-eight-a of  this  chapter  and  with  the
authorized  depositor's  established  procedures. Such deposits shall be
secured in accordance with the provisions of section one hundred five of
this chapter, and lenders receiving such deposits shall satisfy, in  the
sole  judgment  of  the  authorized  depositor, all collateral and other
requirements generally applied by  the  authorized  depositor  to  funds
invested  by  it. The notified authorized depositor and the lender shall
enter into a written deposit agreement. In no event shall any defect  in
any  such  agreement  be asserted as a defense by a borrower on a linked
loan made pursuant to the program.
2023 New York Laws › STF - State Finance › Article 15 - Excelsior Linked Deposit Act › 220 - Renewal of Linked Deposit.

§  220.  Renewal  of  linked  deposit.  A  lender  may, on behalf of a
  borrower, apply to the commissioner of economic development to request a
  renewal of the linked deposit for an  additional  four  year  period  to
  correspond  with  a second four year period of a borrower's linked loan.
  The  commissioner  may  grant  such  application  if  the   commissioner
  determines  that the borrower, during the second four year period of the
  linked loan, will create additional industrial modernization benefits or
  additional export trade benefits or additional jobs. If the commissioner
  of economic development grants such application, the commissioner  shall
  notify  the  authorized  depositor  who made the linked deposit that the
  commissioner  has  determined  that  the   application   satisfies   the
  requirements  of this article and shall request the authorized depositor
  to continue the linked deposit with the lender for  an  additional  four
  year  period  in  accordance with section ninety-eight-a of this chapter
  and with the authorized depositor's established procedures. Such  linked
  deposit  shall  continue to be secured in accordance with the provisions
  of section one hundred five of this chapter. The fixed interest rate  on
  the  continued  linked deposit shall be the linked deposit interest rate
  in effect on the first day of the continuation of  the  linked  deposit.
  The  authorized  depositor  and  the  lender  shall enter into a written
  deposit agreement governing the continuation of the linked deposit.  The
  interest rate payable on the linked loan for the second four year period
  shall be, in the case of a certified business in an economic development
  zone  or an eligible business located in an economically distressed area
  or federal empowerment zone or enterprise  or  renewal  community  or  a
  minority   or   women-owned   business  enterprise  or  service-disabled
  veteran-owned business enterprises, three percentage  points  below  the
  interest  rate  the  lender would have charged for the loan in effect on
  the first day of the continuation of the linked deposit; or in the  case
  of   a   business  not  located  in  an  economic  development  zone  or
  economically distressed area or federal empowerment zone  or  enterprise
  or  renewal community or which is not a minority or women-owned business
  enterprise, service-disabled  veteran-owned  business  enterprises,  two
  percentage  points below the interest rate the lender would have charged
  for the loan in the absence of a linked deposit in effect on  the  first
  day of the continuation of the linked deposit.
2023 New York Laws › STF - State Finance › Article 15 - Excelsior Linked Deposit Act › 221 - Liability; Early Repayment and Withdrawal.

§ 221. Liability; early repayment and withdrawal. Nothing contained in
  this  article  shall  impose  liability  on  the  state  or  any  of its
  departments or employees  for  payment  or  delays  in  payment  of  the
  principal  or  interest  of  a linked loan. Any delay in payments or any
  default on a linked loan shall in  no  way  affect  the  linked  deposit
  agreement  between  the lender and the authorized depositor. However, in
  the event the interest rate of the linked loan shall be increased  as  a
  consequence  of  default  or renegotiation, or the loan shall be charged
  off, the lender shall give the authorized  depositor  prompt  notice  of
  such  event,  and the authorized depositor shall thereafter withdraw the
  linked deposit upon not less than seven days' prior  written  notice  to
  the  lender.  Upon  early  repayment  of a linked loan, the lender shall
  within thirty days give the authorized depositor notice  of  such  early
  repayment,  and  the  authorized depositor shall thereafter withdraw the
  linked deposit upon not less than seven days' prior  written  notice  to
  the lender, and the interest rate payable on the linked deposit from the
  date  of early repayment of the linked loan to the date of withdrawal of
  the linked deposit shall be the interest  rate  upon  which  the  linked
  deposit  interest  rate  was calculated without regard to the applicable
  basis point reduction.
2023 New York Laws › STF - State Finance › Article 15 - Excelsior Linked Deposit Act › 222 - Monitoring and Report.

§  222.  Monitoring  and  report.  1.  The  commissioner  of  economic
  development shall monitor the activities of  participating  lenders  and
  businesses  and  may  require  periodic reports or other information the
  commissioner of economic development deems necessary from  participating
  lenders  and  businesses  on  the  status  of  the  linked loans and the
  projects to ensure compliance with the provisions and the intent of this
  article.
2. On or before February  first,  nineteen  hundred  ninety-five,  and
  annually  thereafter  the  commissioner  of  economic  development shall
  submit to the governor, the temporary president of the  senate  and  the
  speaker  of  the  assembly  a  report  regarding  the  activities of the
  program. Such report shall contain  a  statement  of  the  cost  of  the
  program  to  the  state  and  to the public authorities, considered as a
  whole, because of reduced rates on funds invested  in  linked  deposits.
  Such  report shall also include, but shall not be limited to, the number
  and type of linked loans under the program and the amount  thereof;  the
  number  and  types of lenders making linked loans and of firms receiving
  linked loans; the geographic distribution of such lenders and firms; the
  approximate number of jobs created  or  retained  as  a  result  of  the
  program; actions taken by the department of economic development and the
  department  of  financial services to secure the increased participation
  of lenders in economic development  regions  in  which  fewer  than  ten
  linked  loans  have been made on or before April first, nineteen hundred
  ninety-five; actions taken by the department of economic development  to
  secure  the  increased  participation  of  public authorities and public
  benefit corporations pursuant to section ninety-two-v of  this  chapter;
  as  well  as  any  information  the  commissioner  determines  useful in
  evaluating the economic benefits of the program.
2023 New York Laws › STF - State Finance › Article 15 - Excelsior Linked Deposit Act › 223 - Promotion of Program.

§  223.  Promotion  of  program.  The department, through its regional
  offices and with the assistance of the department of financial  services
  and  other  appropriate  state agencies and public benefit corporations,
  shall actively market and  promote  awareness  of  the  program  in  all
  geographical  areas  of  the  state  among banks, banking organizations,
  manufacturing firms, manufacturing organizations, and regional and local
  economic development agencies. In soliciting lenders to  participate  in
  the  program, on or before April first, nineteen hundred ninety-six, the
  commissioner  of  economic  development  shall  give  priority  to   the
  solicitation  of  lenders  seeking  to  make  linked  loans  in economic
  development regions in which fewer than ten linked loans have been  made
  on  or  before  April  first,  nineteen  hundred  ninety-five. Provided,
  however, that the granting of such priority shall in no way relieve  the
  commissioner  of  economic  development  of  the  duty and obligation to
  solicit lenders from all economic development regions of the state.
2023 New York Laws › STF - State Finance › Article 15 - Excelsior Linked Deposit Act › 224 - Rules and Regulations.

§ 224. Rules and regulations. The commissioner of economic development
  shall,  in  consultation  with  the  comptroller,  the  commissioner  of
  taxation and finance  and  the  superintendent  of  financial  services,
  promulgate  rules  and  regulations  necessary  and  reasonable  for the
  operation of the program.
2023 New York Laws › STF - State Finance › Article 16 - Water Pollution Control Linked Deposit Program Act › 237 - Establishment and Purpose; Water Pollution Control Linked Deposit Program Authorization.

§  237.  Establishment  and  purpose;  water  pollution control linked
  deposit  program  authorization.  The  water  pollution  control  linked
  deposit  program  is  hereby  created. The purpose of this program is to
  encourage and assist eligible borrowers within the  state  to  undertake
  eligible  projects  that reduce, control or prevent water pollution. The
  corporation is hereby authorized to use funds  in  the  water  pollution
  control  revolving  fund  established pursuant to section twelve hundred
  eighty-five-j of the public authorities law not to  exceed  ten  million
  dollars  per  fiscal year for the water pollution control linked deposit
  program.
2023 New York Laws › STF - State Finance › Article 16 - Water Pollution Control Linked Deposit Program Act › 238 - Linked Loans.

§ 238. Linked loans. Linked loans shall be made by lenders pursuant to
  the  program  only  to  eligible  borrowers  in connection with eligible
  projects. No such loans shall be made  after  September  thirtieth,  two
  thousand  eleven. The credit decisions for making a linked loan shall be
  made solely by the lender.
2023 New York Laws › STF - State Finance › Article 16 - Water Pollution Control Linked Deposit Program Act › 239 - Linked Loans Interest Rate; Limitation on Lender's Fees.

§  239.  Linked  loans  interest rate; limitation on lender's fees. 1.
  Linked loans shall bear interest  at  the  linked  loan  interest  rate.
  Lenders  shall  certify to the corporation that the linked loan interest
  rate is below the interest rate the lender would have  charged  for  the
  loan in the absence of a linked deposit.
2.  Lenders  who make linked loans shall not be entitled to charge any
  discount, points, origination  fees,  handling  fees,  service  charges,
  refinancing  fees  or  penalties or any charge other than those normally
  charged and in such amounts normally charged by the lender for loans  of
  the type being made without regard to the program.
2023 New York Laws › STF - State Finance › Article 16 - Water Pollution Control Linked Deposit Program Act › 240 - Application Procedure.

§  240.  Application  procedure.  1.  The corporation shall provide an
  application form to lenders for linked deposits. Such form shall reflect
  the  qualifying  information  as  developed  by  the   commissioner   of
  agriculture  and markets for eligible borrowers involved in agricultural
  operations and as developed by  the  secretary  of  state  for  eligible
  borrowers  involved in residential and small business on-site wastewater
  treatment system  projects.  The  lender  shall  forward  the  completed
  application,  its  finding  that  the  borrower is creditworthy, and the
  interest rate certification required pursuant  to  section  two  hundred
  thirty-nine  of  this article, to the corporation which, in consultation
  with the state or the  department  of  agriculture  and  markets,  shall
  either  approve  or  reject  the  application  within  thirty days. Upon
  approval of any project application,  the  department  of  environmental
  conservation  shall  list such project on the intended use plan pursuant
  to section 17-1909 of the environmental  conservation  law.  Failure  to
  approve   within  thirty  days  shall  be  deemed  a  rejection  of  any
  application. The corporation shall evaluate each application based  upon
  the availability of funds for the linked deposit.
2.  If  the  linked  loan  application  receives  the  approval of the
  corporation's board and any other approvals required by state or federal
  law, the corporation shall deposit funds with the lender pursuant to the
  terms of a written deposit agreement or an appropriate agreement with  a
  farm  credit  system  institution,  as  the corporation and lender shall
  determine.
2023 New York Laws › STF - State Finance › Article 16 - Water Pollution Control Linked Deposit Program Act › 241 - Early Maturity.

§  241. Early maturity. Unless otherwise agreed to by the corporation,
  the linked deposit shall automatically mature on the thirtieth  calendar
  day  after the occurrence of any event, monetary or non-monetary, which,
  whether declared by the lender or not, constitutes a default  under  any
  term  or terms of the linked loan and such default remains uncured as of
  such thirty calendar days. Upon early repayment of a  linked  loan,  the
  linked  deposit  shall  automatically  mature  with  payment  due to the
  corporation on or before the last day of the month in  which  prepayment
  occurs.
2023 New York Laws › STF - State Finance › Article 16 - Water Pollution Control Linked Deposit Program Act › 242 - Monitoring and Reporting.

§  242.  Monitoring  and  reporting.  1. The corporation shall require
  periodic reports or other information the  corporation  deems  necessary
  from  lenders  and  borrowers  on  the status of the linked loan and the
  eligible projects to ensure  compliance  with  the  provisions  and  the
  intent of this article.
2.  On  or  before  February  first,  two  thousand  ten, and annually
  thereafter, the corporation shall submit to the governor, the  temporary
  president  of  the  senate  and  the  speaker  of  the assembly a report
  regarding the activities of the programs. Such report shall include, but
  shall not be limited to, the number and type of linked loans under  each
  of  the  programs and the amount thereof; the number and type of lenders
  making linked  loans  and  of  borrowers  receiving  linked  loans;  the
  geographic  distribution  of  such lenders and borrowers; as well as any
  information the corporation determines useful in evaluating the benefits
  of the programs.
2023 New York Laws › STF - State Finance › Article 20 - Laws Repealed; When to Take Effect › 410 - Laws Repealed.

§  410.  Laws  repealed.  Chapter  fifty-eight of the laws of nineteen
  hundred  nine,  entitled  "An  act  in  relation   to   state   finance,
  constituting  chapter  fifty-six of the consolidated laws," and all acts
  amendatory thereof, and chapter five hundred forty-five of the  laws  of
  nineteen hundred thirty-five, entitled "An act to protect investments of
  the  state  by  withholding  apportionments  of certain taxes payable to
  municipalities," are hereby repealed.
2023 New York Laws › STT - State Technology › Article 1 - Office of Information Technology Services › 101 - Definitions.

§  101. Definitions. As used in this article the following terms shall
  mean:
1. "Council" means the advisory council for technology.
2. "Director" means the director of the office.
3. "Office" means the office of information technology services.
4. "State agency" means any  department,  board,  bureau,  commission,
  division,  office, council, committee or officer of the state. Such term
  shall not include the legislature or judiciary.
5. "Technology" means either a good or  a  service  or  a  combination
  thereof,   used  in  the  application  of  any  computer  or  electronic
  information or interconnected system that is used  in  the  acquisition,
  storage,   manipulation,   management,   movement,   control,   display,
  switching, interchange, transmission, or  reception  of  data  or  voice
  including,   but   not   limited  to,  hardware,  software,  information
  appliances,  firmware,  programs,  systems,  networks,   infrastructure,
  media,  and  related  material  used to automatically and electronically
  collect, receive, access, transmit, display,  store,  record,  retrieve,
  analyze,  evaluate,  process,  classify, manipulate, manage, assimilate,
  control, communicate, exchange, convert, coverage, interface, switch, or
  disseminate data of any kind or form, and shall include  all  associated
  consulting,  management,  facilities, maintenance, support and training.
  Goods may be either new or used.
2023 New York Laws › STT - State Technology › Article 1 - Office of Information Technology Services › 102 - Office of Information Technology Services; Director, Organization and Employees.

§   102.   Office   of   information  technology  services;  director,
  organization and employees. 1.  The  office  of  information  technology
  services  is  hereby created within the executive department to have and
  exercise the functions, powers and duties provided by the provisions  of
  this article and any other provision of law.
2.  The  head  of  the office shall be the director of the office, who
  shall serve as the chief technology officer for the state  of  New  York
  and shall be designated as management confidential in the noncompetitive
  class  in  accordance  with the civil service law. The director shall be
  the chief executive officer of and in sole charge of the  administration
  of  the  office. The director shall be entitled to receive reimbursement
  for expenses actually and necessarily incurred by  him  or  her  in  the
  performance of his or her duties.
3.  The director may, from time to time, create, abolish, transfer and
  consolidate bureaus and other units  within  the  office  not  expressly
  established  by  law  as  he  or  she  may  determine  necessary for the
  efficient operation of the  office,  subject  to  the  approval  of  the
  director of the budget.
4. The director may appoint, in accordance with the civil service law,
  such  deputies, assistants, and other officers and employees, committees
  and consultants as he or she may deem necessary, prescribe their  powers
  and  duties,  fix  their  compensation, and provide for reimbursement of
  their expenses within the amounts appropriated therefor.
5. The director may request and receive from any department, division,
  board, bureau, commission or other agency of the state or any  political
  subdivision thereof or any public authority, staff and other assistance,
  information,  and  resources as will enable the office to properly carry
  out its functions, powers and duties.
2023 New York Laws › STT - State Technology › Article 1 - Office of Information Technology Services › 103-A - State Information Technology Innovation Center.

* §  103-a.  State  information  technology  innovation center. 1. The
director may establish a state information technology innovation  center
or  "iCenter"  to  develop,  pilot, and consider technology solutions to
assist the state, state agencies, authorities, municipalities and  other
governmental entities find potential solutions to their technology needs
or requirements. The director shall ensure the iCenter complies with all
state  laws,  rules,  regulations, and policies. Vendor participation in
the iCenter shall not be construed to:
(a)  create  preferred  status  for  any  vendor  in  any   government
procurement, or
(b)  abrogate the requirement that technology procurements are awarded
pursuant to  all  applicable  laws,  including  such  laws  requiring  a
competitive process.
2. The director shall implement guidelines to carry out the provisions
of  this  section  which shall not contravene any provision of the state
finance law. Such procedures shall include, but not be limited to:
(a) establishing the process for selecting vendors  for  participation
in the iCenter, which shall be a public process;
(b)  establishing  a  process  to  determine which technology needs or
requirements shall be iCenter initiatives; and
(c) establishing safeguards to ensure the iCenter does not function in
a manner that results  in  the  circumvention  of  competitive  bidding,
including but not limited to through single and sole source exemptions.
3.  The  director  shall  conduct  an  outreach campaign informing the
public of the iCenter and shall conduct specific  outreach  to  minority
and  women-owned  business  enterprises  certified  pursuant  to article
fifteen-A of the executive law, small businesses as such term is defined
in section one hundred thirty-one of the economic development  law,  and
service  disabled  veteran owned business enterprises certified pursuant
to article three of the veterans' services law to inform such businesses
of iCenter initiatives.
4. Every January  first,  beginning  in  two  thousand  nineteen,  the
director  shall  submit  a  report  to  the speaker of the assembly, the
temporary president of the senate, and the  governor  detailing  iCenter
initiatives  undertaken in the prior year. Such report shall include but
not be limited to: an identification of  any  state  resources  used  to
support  the iCenter in the prior year; the number and nature of iCenter
initiatives undertaken in the prior year; the identity of  vendors  that
participated  in  the iCenter in the prior year, any iCenter initiatives
piloted in the prior year that were subsequently awarded  a  procurement
contract  with  any state agency to the extent the office of information
technology services may be aware of such contracts; and an evaluation of
the effectiveness of the iCenter. Such report shall be  publicly  posted
on the office's website.
* NB Repealed June 30, 2024