reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 466 - General Regulations › Section 466.5 - Submission of plan to increase employment of members of minority group

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any employer,
				employment agency, labor organization or joint labor management committee may
				submit to the division in writing a plan intended to increase the employment of
				members of a minority group, pursuant to subdivision 12 of section 296 of the
				Human Rights Law.
(b) The plan
				shall name the minority group or groups the increase of the employment of whose
				members is the object of the plan.
(c) The plan shall set forth the steps to be
				taken to increase the employment of members of the minority groups covered and
				the period of time during which it is to be operative.
(d) The plan shall not be based on, or result
				in, the discharge of any worker because of his nonmembership in any such
				minority group.
(e) The division
				will determine whether or not to approve the plan and may do so on the basis of
				information available to it, including reports made by its employees and
				official government reports.
(f)
				The division statement of approval will be issued in writing and will set forth
				the period of time for which the plan may be operative. Such statement will
				specifically note the power of the division to rescind its approval of the plan
				at any time.
(g) A copy of the
				plan, when approved, shall be filed in the offices maintained by the division
				at One Fordham Plaza, Bronx, New York 10458 and at the regional offices serving
				the regions in which the plan is to be operative. Such plans shall be open to
				public inspection during regular business hours of the division.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 466 - General Regulations › Section 466.6 - Access to personal information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Purpose and scope.
(1) It is the responsibility and the intent
				of the agency to fully comply with the provisions of article 6-A of the Public
				Officers Law, the Personal Privacy Protection Law.
(2) The agency shall maintain in its records
				only such personal information that is relevant and necessary to accomplish a
				purpose of the agency that is required to be accomplished by statute or
				executive order, or to implement a program specifically authorized by
				law.
(3) Personal information will
				be collected, whenever practicable, directly from the person to whom the
				information pertains.
(4) The
				agency seeks to ensure that all records pertaining to or used with respect to
				individuals are accurate, relevant, timely and complete.
(5) These regulations provide information
				regarding the procedure by which members of the public may assert rights
				granted by the Personal Privacy Protection Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 466 - General Regulations › Section 466.7 - Public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Public index. Pursuant to section 87.3 of the Freedom of Information Law, the
				division shall maintain and make available to the public an index of records. A
				copy of said index may be obtained from any office of the division during
				regular office hours.
(b) Request
				for records. Any person may request to inspect and copy any record in the
				division's custody which is required to be made available. Such request shall
				be in writing and sent to the division by mail, facsimile or electronic mail. A
				form is available on the division's website, www.dhr.state.ny.us.
(c) Inspection of records. Whenever feasible,
				records are to be made available for inspection at the division office where
				the request therefor was made. If the requested record is not located at such
				office, the request form shall be forwarded to the central office, which shall
				arrange for inspection. Inspection shall be permitted during regular office
				hours.
(d) Fees.
(1) Unless otherwise prescribed by statute,
				there shall be no fee charged for:
(i)
				inspection of records;
(ii) search
				for records; or
(iii) any
				certification pursuant to this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 466 - General Regulations › Section 466.8 - Discrimination on the basis of sex or marital status in extension of credit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Inquiries
				concerning marital history, status and number of dependents. For purposes of
				Executive Law, section
				296-a(1)(c), it shall not
				be considered an expression of limitation, specifications or discrimination on
				the basis of sex or marital status if:
(1) a
				creditor requires an applicant to disclose the name or names by which he or she
				has previously been known, provided that this information is used solely to
				determine the applicant's identity and previous credit history;
(2) where application is made for a mortgage
				and the creditor determines that the signature of the spouse is required in
				order to pass clear title in the event of a default, a creditor requests
				information concerning marital status, provided that the information disclosed
				by such inquiry is used solely for the purpose of perfecting title;
(3) a creditor inquires as to the number of
				the applicant's dependents, provided that the information disclosed by such
				inquiry is used solely to determine costs and expenses payable by the
				applicant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 466 - General Regulations › Section 466.9 - Index of interested persons

Current through Register Vol. 46, No. 28, July 10, 2024
Persons or agencies interested in receiving notice of
				  proposed rule making by the State Division of Human Rights may file with the
				  division a written request that they be notified by mail of any proposed rule
				  making. The request shall specify the address to which notice is to be mailed.
				  Such request must be renewed yearly in December.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 466 - General Regulations › Section 466.10 - Procedure for declaratory rulings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon petition of any person, the State
				Division of Human Rights may issue a declaratory ruling with respect to the
				applicability to any person, property or state of facts of any rule or statute
				enforceable by it.
(b) To obtain a
				declaratory ruling, a formal request in writing entitled "Petition for a
				Declaratory Ruling pursuant to State Administrative Procedure Act, section 204"
				must be submitted to the Commissioner of Human Rights.
(c) The commissioner may, in his/her sole
				discretion, issue a declaratory ruling. Nothing shall be deemed a declaratory
				ruling unless it is entitled as such, is in writing and is signed by the
				commissioner.
(d) Every declaratory
				ruling shall be made available to the public. A declaratory ruling shall be
				subject to review in the manner provided for in article 78 of the Civil
				Practice Law and Rules.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 466 - General Regulations › Section 466.11 - Provision of reasonable accommodation by employers, pursuant to human rights law, sections 292.21, 292.21-e, 295.5, 296.3 and 296.3-a

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reasonable accommodation.
(1) Reasonable accommodation is defined in
				the Human Rights Law at section 292.21 -e, as follows:
The term "reasonable accommodation" means actions taken which
				  permit an employee, prospective employee or member with a disability to perform
				  in a reasonable manner the activities involved in the job or occupation sought
				  or held and include, but are not limited to, provision of an accessible
				  worksite, acquisition or modification of equipment, support services for
				  persons with impaired hearing or vision, job restructuring and modified work
				  schedules; provided, however, that such actions do not impose an undue hardship
				  on the business, program or enterprise of the entity from which action is
				  requested.
(2) Reasonable
				accommodations may include, but are not limited to: making existing facilities
				more readily accessible to individuals with disabilities; acquisition or
				modification of equipment; job restructuring; modified work schedules;
				adjustments to work schedule for treatment or recovery; reassignment to an
				available position; adjustment of examinations, training materials or policies;
				providing readers or interpreters.
(3) Reasonable accommodation does not include
				among other things: providing for personal care needs, such as a personal care
				assistant, although such a personal care assistant should be accommodated where
				provided by the employee at no cost to the employer; providing non-work-related
				aids, such as a personal hearing aid or wheelchair, which are the employee's
				own responsibility.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 466 - General Regulations › Section 466.12 - Payment of civil fines and penalties in installments by employers of fewer than 50 employees

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Statutory authority. Pursuant to Executive Law section
				297.4(c),
				where the commissioner finds that a respondent has engaged in any unlawful
				discriminatory practice, the commissioner shall issue an order which may
				include, inter alia, the assessment of civil fines and penalties, in an amount
				not to exceed $50,000, to be paid to the State by a respondent found to have
				committed an unlawful discriminatory act, or not to exceed $100,000 to be paid
				to the State by a respondent found to have committed an unlawful discriminatory
				act which is found to be willful, wanton or malicious, section
				297.4(c)(vi).
				Pursuant to Executive Law section
				297.4(e),
				in cases of employment discrimination where the employer has fewer than 50
				employees, such civil fine or penalty may be paid in reasonable installments,
				with reasonable interest resulting from the delay, and in no case may
				installments be made over a period longer than three years. Executive Law,
				section
				297.4(e) 
				further requires the division to promulgate regulations regarding installment
				payments.
(b) Installment payments;
				general. Any commissioner's order assessing civil fines and penalties shall be
				made in accordance with the following:
(1)
				civil fines and penalties shall be due no later than 60 days from the date of
				the commissioner's order, unless payment in installments has been requested and
				ordered;
(2) where the employer has
				fewer than 50 employees, and makes application in accordance with the
				provisions of subdivision (c) of this section, payment may be ordered in
				installments, in accordance with subdivision (d) of this section.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 466 - General Regulations › Section 466.13 - Discrimination on the basis of gender identity or expression

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Statutory Authority. Pursuant to N.Y.
				Executive Law § 295.5, it is a power and a duty of the Division to adopt,
				promulgate, amend and rescind suitable rules and regulations to carry out the
				provisions of the N.Y. Executive Law, article 15 (Human Rights Law).
(b) Definitions.
(1) Gender identity or expression means a
				person's actual or perceived gender-related identity, appearance, behavior,
				expression or other gender-related characteristic regardless of the sex
				assigned to that person at birth, including, but not limited to, the status of
				being transgender.
(2) A
				transgender person is an individual who has a gender identity or expression
				different from the sex assigned to that individual at birth.
(3) Gender dysphoria is a recognized medical
				condition related to an individual having a gender identity or expression
				different from the sex assigned at birth.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 466 - General Regulations › Section 466.14 - Discrimination based on an individual's relationship or association with members of a protected class

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Statutory
				Authority. Pursuant to N.Y. Executive Law § 295.5, it is a power and a duty of
				the Division to adopt, promulgate, amend and rescind suitable rules and
				regulations to carry out the provisions of the N.Y. Executive Law, article 15
				(Human Rights Law).
(b) The Human
				Rights Law Section
				297.1  permits "ny
				person claiming to be aggrieved by an unlawful discriminatory practice" to file
				a verified complaint.
(c)
(1) Where the term "unlawful discriminatory
				practice" is used in the Human Rights Law, it shall be construed to prohibit
				discrimination against an individual because of that individual's known
				relationship or association with a member or members of a protected category
				covered under the relevant provisions of the Human Rights Law.
(2) To prove a claim of discrimination based
				on a known relationship or association, complainants must establish they are
				aggrieved by an unlawful discriminatory practice by showing they have been be
				subjected to an adverse action as specified in relevant provisions of the Human
				Rights Law because of their known relationship or association with a member or
				members of a protected category covered under the relevant provisions of the
				Human Rights Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 466 - General Regulations › Section 466.15 - Provision of notice by housing providers of tenants' rights to reasonable modifications and accommodations for persons with disabilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Statutory Authority. Pursuant to N.Y.
				Executive Law section 295.5, it is a power and a duty of the Division to adopt,
				promulgate, amend and rescind suitable rules and regulations to carry out the
				provisions of the N.Y. Executive Law, article 15 (Human Rights Law) and
				pursuant to New York Executive Law section 170-d, the New York State Division
				of Human Rights "shall promulgate regulations requiring every housing provider¦
				to provide notice to all tenants and prospective tenants of their rights to
				request reasonable modifications and accommodations" as such rights are
				provided for in Human Rights Law sections 296.2 -a(d) and section
				296.18.
(b) Effective date.
				Executive Law section 170-d was effective March 2, 2021, pursuant to the Laws
				of 2021, chapter 82, section 4, by reference to the Laws of 2020, chapter
				311.
(c) Definitions.
(1) "Housing provider" shall mean:
(i) "the owner, lessee, sub-lessee, assignee,
				or managing agent of, or other person having the right to sell, rent or lease a
				housing accommodation, constructed or to be constructed, or any agent or
				employee thereof" as set forth in New York Executive Law, article 15
				(hereinafter "Human Rights Law") section 296.5; or
(ii) "the owner, lessee, sub-lessee,
				assignee, or managing agent of publicly-assisted housing accommodations or
				other person having the right of ownership or possession of or the right to
				rent or lease such accommodations" as set forth in Human Rights Law section
				296.2 -a.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 468 - St. Regis Mohawk Tribal Police › Section 468.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
Pursuant to section 114  of the Indian Law, the Superintendent of
				  State Police has the responsibility to determine the minimum police training
				  standards for the appointment of police officers to the St. Regis Mohawk Tribe
				  Police Department, and the discretion to appoint police officers to the Tribe
				  Police Department and to suspend or revoke such appointments.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 468 - St. Regis Mohawk Tribal Police › Section 468.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Unless the context requires otherwise, the definitions used
				  in this Part have the following meanings:
(a) Division means the New York State Police,
				as established by section 210  of the Executive Law.
(b) Superintendent means the head of the New
				York State Police, as established by section 210  of the Executive Law.
(c) Division headquarters means the facility
				where the headquarters staff, as set forth in section 215, subdivision 1-a of
				the Executive Law, is housed and which facility is located at Building 22, 1220
				Washington Ave., Albany, NY 12226-2252.
(d) Tribal Council means the Council of
				Chiefs of the Saint Regis Tribe, as set forth in article 8 of the Indian
				Law.
(e) Tribal Police Department
				means the police department established pursuant to section 114  of the Indian Law.
(f) Municipal Police Training Council means
				the council created under section 839  of the Executive Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 468 - St. Regis Mohawk Tribal Police › Section 468.3 - Establishment of tribal police department

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the Tribal Council decides to
				establish a police department pursuant to section 114  of the Indian Law, it must provide to
				the superintendent a written notice of such establishment. The notice shall be
				delivered personally or by certified or registered mail to the Superintendent
				at Division Headquarters.
(1) The notice must
				specify the date on which the Tribal Police Department is
				established.
(2) The notice must
				indicate the primary business address of the Tribal Police
				Department.
(3) The notice must
				include an effective waiver of sovereign immunity, stating the following
				without condition or proviso:
"The St. Regis Mohawk Tribe hereby waives its sovereign
				  immunity from liability and action in New York State and federal courts, and
				  hereby assumes liability and consents to have the same determined in accordance
				  with the same rules of law as applied to actions against municipalities of the
				  State of New York; provided that this waiver applies to liability for acts or
				  omissions of officers appointed under subdivision two of section 114  of the Indian Law and other police
				  department employees occurring while the officer or employee was acting within
				  the scope of his or her employment or duties, and to the provision of a defense
				  for such officer or employee accused of such acts or omissions. This waiver
				  shall apply to each such act or omission, whether or not legal action based on
				  the act or omission is brought after a revocation of this waiver."
(4) The notice must contain a
				certificate demonstrating the procurement of a liability insurance policy from
				an insurance company authorized by law to transact business in New York against
				liability specified in section 114  of the Indian Law. The minimum liability
				limit of such policy must be $5 million for any one occurrence.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 468 - St. Regis Mohawk Tribal Police › Section 468.4 - Appointment of tribal police officers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Initial application. The Tribal Council
				may submit to the superintendent as application to appoint a person as a police
				officer under section 114  of the Indian Law. The application must
				be in writing and must specify the name, age, and address of each person for
				whom an appointment is sought.
(b)
				Medical and physical fitness assessment.
(1)
				The application must contain a certification that the applicant has
				successfully completed a physical fitness screening test and medical review.
(i) The physical fitness screening test shall
				be conducted by an individual who has been determined by the Tribal Council to
				possess the necessary expertise to administer a physical fitness screening test
				to determine the underlying physiological capacity of the applicant to learn
				and perform the essential job functions of an entry-level police officer, as
				specified in the regulations of the Municipal Police Training Council (section
				6000.9 
				of this Title). The physical fitness-screening test shall substantially conform
				to the requirements set forth in the regulations of the Municipal Police
				Training Council (section
				6000.8 
				of this Title).
(ii) The medical
				review shall be conducted by a medical doctor licensed to practice medicine in
				the State of New York, who has been determined by the Tribal Council to possess
				the necessary expertise to administer a medical review, and who shall assess
				the applicant to determine whether he or she can perform the essential
				functions of an entry-level police officer as specified in the regulations of
				the Municipal Police Training Council (section
				6000.9 
				of this Title). In making such assessment, the medical doctor shall take into
				account and be guided by the regulations of the Municipal Police Training
				Council (sections
				6000.4,
				6000.6
				and
				6000.7 
				of this Title).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 468 - St. Regis Mohawk Tribal Police › Section 468.5 - Termination, suspension and revocation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Termination. If a police officer is
				terminated from the Tribal Police Department other than through the action of
				the superintendent, the Tribal Council shall file notice to that effect with
				the superintendent and in the office of the Department of State. Upon such
				filing, the appointment as a police officer shall be terminated.
(b) Suspension and revocation. The
				superintendent may at pleasure revoke or suspend the appointment of any police
				officer by filing a notice of suspension or revocation thereof in the office of
				the Department of State and mailing a notice of such filing to the Tribal
				Council, and also to the person whose appointment is suspended or revoked, at
				the officer's address as it appears in the certificate of appointment or the
				latest statement thereof on file. An appointment may be restored by the
				superintendent upon the filing of a restoration notice to the Department of
				State, the person suspended, and the Tribal Council.
(1) The superintendent may suspend
				appointment of a police officer without affording the officer an opportunity to
				be heard.
(2) Prior to revoking the
				appointment of a police officer, the superintendent may provide the officer
				with a statement describing the basis for the contemplated revocation, and may
				afford the officer an opportunity to submit written opposition to the
				revocation. The submission may include statements of the officer and other
				relevant witnesses and materials. The officer may obtain legal representation
				in connection with the submission. The superintendent may determine to allow,
				instead of or in addition to the written submissions, an oral presentation by
				the officer and/or his or her witnesses to the superintendent or his or her
				designee.
(3) The superintendent
				shall revoke the appointments of all police officers appointed under section 114  of the Indian Law if the Tribal Council
				fails to maintain in full force and effect the waiver of sovereign immunity and
				the policy of insurance specified in subdivision one of section 114  of the Indian Law.
(4) The superintendent may revoke the
				appointments of all police officers appointed under section 114  of the Indian Law if the Tribal Council
				fails to comply with any other provision of section 114  of the Indian Law or this
				Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 468 - St. Regis Mohawk Tribal Police › Section 468.6 - Internal affairs and complaint procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Internal affairs function. The Tribal
				Police Department shall notify the superintendent, in writing, of the person or
				position designated as responsible for the internal affairs function. The
				designated officer must assure that all complaints, reports or accusations made
				against members of the department are completely investigated.
(b) Recordkeeping. The Tribal Police
				Department shall maintain records of all complaints, reports or accusations
				against its officers. The records shall indicate the nature of the alleged
				wrongdoing, the investigation conducted, and the disposition of the matter. The
				records shall be made available to the superintendent upon request.
(c) Complainant notification. The Tribal
				Police Department shall notify each complainant, in writing, that a complaint
				is being investigated. A copy of the notification shall be sent to the
				superintendent, and the notification shall record that such copy is being sent.
				Pursuant to section 50-a  of the Civil Rights Law, the
				department need only advise the complainant that the matter is being
				administratively handled.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 469 - Temporary Reappointment Of Retired Members › Section 469.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
The Division of State Police is responsible for public safety
				  and security. When authorized by the Governor, the State Police may require
				  additional trained personnel on an immediate, but temporary basis to fulfill
				  its mission. This Part enables the superintendent, under such circumstances,
				  and when so authorized, in his discretion, to temporarily reappoint recently
				  retired sworn members for a term of three months, which may be renewed in three
				  month increments, up to a maximum of two years.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 469 - Temporary Reappointment Of Retired Members › Section 469.2 - Definition

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, retired members shall mean a storm
				  member of the State Police who entered service retirement under Retirement and
				  Social Security Law, section
				  381-b after December 30,
				  1998.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 469 - Temporary Reappointment Of Retired Members › Section 469.3 - Qualifications

Current through Register Vol. 46, No. 28, July 10, 2024
To be eligible for consideration for temporary reappointment,
				  retired members must be fit for full and strenuous duty, and have retired
				  within three years of the date of reappointment. An eligible retired member
				  must pass a physical examination, background investigation, and meet any other
				  standards established by the superintendent.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 469 - Temporary Reappointment Of Retired Members › Section 469.4 - Title and duties of temporary reappointed members

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding the rank held by the member at retirement,
				  temporarily reappointed members shall be appointed either to the title of
				  special trooper, and hold a rank equivalent to the rank of trooper in the
				  uniform force, or to the title of special investigator, and hold a rank
				  equivalent to the rank of investigator in the BCI. Such appointments and
				  assignments shall be dependent upon the division's needs and the member's
				  qualifications.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 469 - Temporary Reappointment Of Retired Members › Section 469.5 - Rights and privileges

Current through Register Vol. 46, No. 28, July 10, 2024
Temporarily reappointed members shall not be permanent
				  employees of the division, and will not be entitled to the rights, benefits and
				  privileges accorded to permanent members. Reappointed members are temporary
				  employees who may be appointed and may be dismissed without a hearing at the
				  discretion of the superintendent. A general listing of temporarily reappointed
				  members' rights, privileges, and limitations are as follows:
(a) temporarily reappointed members' date of
				entry will be the date of reappointment;
(b) temporarily reappointed members will
				accrue sick leave on a monthly basis, but will not have access to any sick
				leave accruals that existed at the time of their retirement and will be
				ineligible for sick leave at half-pay;
(c) temporarily reappointed members will
				accrue annual and personal leave. The date the reappointed member is rehired
				will be the personal leave anniversary date;
(d) temporarily reappointed members will not
				be members of any retirement system during the period of temporary employment,
				but will continue to receive their existing pension without an earnings
				limitation if authorized by law. As temporarily reappointed members are not
				members of the retirement system, they are ineligible for disability retirement
				or retirement system death benefits;
(e) temporarily reappointed members will not
				be eligible for leave under regulation 5.12 of the NYS Police Administrative
				Manual;
(f) temporarily reappointed
				members generally will follow the work schedules provided in article
				8F;
(g) temporarily reappointed
				members shall not retain their original division date of entry and shall have
				seniority only among themselves for the purpose of vacation
				scheduling;
(h) temporarily
				reappointed members are not eligible for modified duty, but must be fit for
				full and strenuous duty at all times; and
(i) temporarily reappointed members shall not
				be eligible for promotional opportunities.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 470 - Firearms License For Retired Members › Section 470.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As used in this
				Part, retired member shall mean a former member of the Division of State Police
				who enters service or disability retirement after October 31, 1999 and who,
				upon separation from service, was immediately entitled to receive retirement
				benefits under the provisions of the Retirement and Social Security
				Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 470 - Firearms License For Retired Members › Section 470.3 - Time limits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An active
				member applying for a firearms permit pursuant to Penal Law section 400.01 may
				submit an application up to 60 days in advance of separation from service on a
				form approved and supplied by the superintendent.
(b) A retired member must file the approved
				application form no later than 30 days after separation from service.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 470 - Firearms License For Retired Members › Section 470.4 - Transfer to county license

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				member applying for a firearms permit pursuant to Penal Law section 400.01 must
				at the time of application execute a form authorizing the transfer of any
				license issued by a local licensing authority pursuant to Penal Law section
				400.00, to the Superintendent of State Police. No application for a license
				pursuant to Penal Law section 400.01 will be granted by the superintendent
				unless all outstanding licenses issued by local authority are transferred to
				the authority of the superintendent.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 470 - Firearms License For Retired Members › Section 470.5 - Validity and limitations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				firearms license issued by the superintendent becomes valid upon the member's
				separation from service, and any prior license issued by local authority
				transferred to the superintendent pursuant to section
				470.4 
				of this Part is null and void.
(b)
				There is no limit as to the number of firearms that may be licensed by the
				superintendent, subject to the restriction below.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 470 - Firearms License For Retired Members › Section 470.6 - Acquisition, disposition and amendments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Retired members in possession of a
				firearms license issued by the superintendent who seek an amendment to the
				license must apply in person at any troop or zone headquarters of the New York
				State Police.
(b) The
				superintendent will amend a license to reflect acquisition of additional
				firearms a maximum of six times per calendar year for any licensee. There is no
				limit with regard to disposition of firearms.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 470 - Firearms License For Retired Members › Section 470.7 - Forms

Current through Register Vol. 46, No. 28, July 10, 2024
License and amendments will be on a form approved and
				  supplied by the Superintendent of State Police. Licenses will include a
				  photograph of the licensee supplied by the Superintendent of State
				  Police.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 470 - Firearms License For Retired Members › Section 470.8 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
There is no fee for the processing of an application for a
				  license, except in cases where new fingerprints are required and a fee is
				  imposed by the Division of Criminal Justice Services for processing of the
				  fingerprints.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 470 - Firearms License For Retired Members › Section 470.9 - Types of licenses

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Licenses issued by the superintendent will be for carry and possession of a
				firearm.
(b) No license shall be
				issued for gunsmiths or dealers in firearms. Retired members seeking gunsmith
				or dealer licenses must apply to their local authority.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 471 - Minimum Standards For Gun Locking Devices › Section 471.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following terms shall mean and
				  include:
(a) Gun locking device means
				an integrated design feature or an attachable accessory that is resistant to
				tampering and is effective in preventing the discharge of a rifle, shotgun or
				firearm by a person who does not have access to the key, combination or other
				mechanism used to disengage the device.
(b) Magnetic key or electronic key means a
				magnetic or electronic device which is encoded with a unique magnetic signature
				or which emits a unique electronic signal that disengages a gun safety device
				or other safety feature of a weapon.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 471 - Minimum Standards For Gun Locking Devices › Section 471.2 - Standards pertaining to the characteristics, design, operation and construction of gun locking devices

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				gun locking device must:
(1) open only by
				either a numeric combination, key, magnetic key or electronic key. Those
				devices that operate by means of a combination must require the entry of at
				least three variables of numbers, letters or other appropriate symbols entered
				in a specific sequence on a keypad, dial or tumbler device; and
(2) be constructed with such quality of
				workmanship and material that it may not be easily pried open, removed or
				otherwise defeated by use of common household tools.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 471 - Minimum Standards For Gun Locking Devices › Section 471.3 - Standards pertaining to the performance of gun locking devices

Current through Register Vol. 46, No. 28, July 10, 2024
When properly applied, a gun locking device must be effective
				  in preventing the discharge of a rifle, shotgun or firearm by a person who does
				  not have access to the key, combination or other mechanism used to disengage
				  the device.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 471 - Minimum Standards For Gun Locking Devices › Section 471.4 - Standards pertaining to the instructions for use of gun locking devices

Current through Register Vol. 46, No. 28, July 10, 2024
A gun locking device must be accompanied by written
				  instructions on its proper installation and removal.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 472 - Combined Ballistic Identification System (cobis) Rules › Section 472.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				Division of State Police is responsible for the establishment and operation of
				a pistol and revolver ballistic databank pursuant to the provisions of section
				396-ff of the New York State General Business Law. This automated electronic
				ballistic databank shall be known as the Combined Ballistic Identification
				System (CoBIS).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 472 - Combined Ballistic Identification System (cobis) Rules › Section 472.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following terms shall mean and
				  include:
(a) Approved container.
				Approved container means a paper coin envelope, kraft #5, measuring 27/8 by
				51/4 inches, imprinted with information as prescribed by the Superintendent of
				State Police in section
				472.4(c) 
				of this Part.
(b) Ballistic sample.
				For purposes of a manufacturer's requirements under this Part, a ballistic
				sample is a shell casing of a bullet or projectile discharged from a specific,
				identified pistol or revolver. Provided, however, that a ballistic sample
				obtained by a dealer participation at a regional CoBIS center shall consist of
				two shell casings of bullets or projectiles discharged from a specific,
				identified pistol or revolver.
(c)
				Certificate of compliance. A document issued by the New York State Police
				certifying that a ballistic sample has been secured from a pistol or revolver
				at a regional CoBIS center for entry into the CoBIS databank and identifying
				the firearm by make, model, caliber, serial number, and gun type.
(d) CoBIS headquarters. CoBIS headquarters
				means the facility at the New York State Police Forensic Investigation Center,
				Building 30, 1220 Washington Avenue, Albany, NY 12226-3000.
(e) CoBIS officer. CoBIS officer means the
				State Police employee designated by the superintendent having an office at
				CoBIS headquarters.
(f) Dealer in
				firearms. Dealer in firearms means any person who holds a valid New York State
				license to operate as a gunsmith or dealer in firearms, properly issued or
				renewed pursuant to the provisions of Penal Law section 400.00.
(g) Drop-ship. Drop-ship means a method of
				delivery wherein pistols or revolvers purchased through a dealer in firearms
				are delivered by common carrier directly from a manufacturer to a State, county
				or local law enforcement agency in this State, without such dealer taking
				physical possession of them.
(h)
				Manufacturer. Manufacturer means any person, firm or corporation engaged in the
				business of manufacturing pistols or revolvers or ammunition therefore for the
				purpose of sale or distribution.
(i) Reduced lead ammunition. Reduced lead
				ammunition means ammunition manufactured with lead free primers and full metal
				jacketed (FMJ) or total metal jacketed (TMJ) projectiles.
(j) Shell casing. Shell casing means that
				part of ammunition capable of being used in a pistol or revolver that contains
				the primer and propellant powder to discharge the bullet or
				projectile.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 472 - Combined Ballistic Identification System (cobis) Rules › Section 472.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Application
				only to new pistols and revolvers. The provisions of this Part shall apply only
				to new pistols and revolvers received by a licensed dealer in firearms from a
				manufacturer on or after March 1, 2001, and shall not apply to any pistol or
				revolver possessed by any licensed dealer in firearms prior to that date nor to
				any pistol or revolver legally possessed prior to that date by any person in
				this State under the provisions of section 400.00  or 265.20 of the New York
				State Penal Law.
(b) Application
				only to guns to be delivered to a person in this State. The provisions of this
				Part shall apply only to pistols and revolvers received by a dealer in firearms
				in this State for delivery or sale to a person in this State. The provisions of
				this Part shall not apply to pistols or revolvers received by a dealer in
				firearms in this State specifically for delivery or sale to a person or entity
				outside this State; provided that the original transaction reports required by
				subdivision 12 of section 400.00  of the Penal Law indicate on them that the
				pistols or revolvers are not for delivery or sale to a person in this
				State.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 472 - Combined Ballistic Identification System (cobis) Rules › Section 472.4 - Responsibilities of manufacturers

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				On or after March 1, 2001, any manufacturer that ships, transports or delivers
				a pistol or revolver to any person in this State shall include in the container
				with such pistol or revolver, a ballistic sample discharged from such firearm.
				Ballistic samples shall be enclosed in an approved container properly completed
				and sealed in accordance with the instructions outlined in this
				section.
(b) Manufacturers shall be
				responsible for ensuring that each ballistic sample is properly identified and
				packaged with the weapon from which it was discharged.
(c) Instructions for imprinting information
				upon approved container. The information imprinted upon an approved container
				shall be completed in the following manner. It may be placed directly on the
				envelope or on a nonremovable sticker or label securely affixed to the
				envelope. Additional information may be included if necessary to fulfill
				requirements imposed by other jurisdictions. The following are minimum
				requirements under this Part. Except for the signature, all information MUST be
				machine printed.
(1) The manufacturer shall
				not write nor place any sticker, label or item upon the space within one inch
				from the top of the envelope.
(2) A
				line labeled "Make" shall identify the make or brand name under which the
				firearm is marketed and which is displayed on such firearm.
(3) A line labeled "Model" shall identify the
				model name or number assigned by the manufactured and under which the firearm
				is marketed.
(4) A line labeled
				"Caliber" shall identify the caliber of ammunition the firearm is designed to
				discharge.
(5) A line labeled
				"Serial#" shall identify the unique serial number assigned to the firearm by
				the manufacturer as required by Federal regulation.
(6) A line labeled "Gun Type" shall identify
				the firearm as either a pistol or a revolver.
(7) a line labeled "Collector" shall identify
				the name of the person collecting the ballistic sample.
(8) A line labeled "Signature" shall contain
				the signature of the person collecting the ballistic sample. The signature
				appearing on this line shall signify that the enclosed ballistic sample is the
				one discharged by the manufacturer from the identified firearm and that all
				information on the container is accurate.
(9) A line labeled "Date" shall identify the
				date of collection of the ballistic sample.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 472 - Combined Ballistic Identification System (cobis) Rules › Section 472.5 - Responsibilities of dealers in firearms

Current through Register Vol. 46, No. 28, July 10, 2024
NOTE:As used in this section only, the term Manufacturer, in
				  addition to the meaning set forth in section
				  472.2  of this Part,
				  shall also include any person, firm or corporation outside this State engaged
				  in the business of supplying pistols or revolvers to licensed dealers in
				  firearms in this State.
(a) Actions
				required upon receipt of a new pistol or revolver.
(1) A dealer in firearms that receives a new
				pistol or revolver from a manufacturer on or after March 1, 2001, shall upon
				receipt, ensure that the firearm is accompanied by a properly completed and
				sealed approved container enclosing a ballistic sample.
(2) If the pistol or revolver is accompanied
				by an appropriate ballistic sample the dealer shall retain such sample with the
				firearm until the firearm is transferred to another person.
(3) If the pistol or revolver is not
				accompanied by an appropriate ballistic sample the dealer shall within 10 days
				either:
(i) return the firearm to the
				manufacturer and notify the manufacturer of the requirement to provide a
				ballistic sample in compliance with this Part and with General Business Law
				section 396-ff (under this option notification to the Division of State Police
				of such manufacturer's noncompliance is not required); or
(ii) contact a regional CoBIS center to
				arrange an appointment for the New York State Police to secure the appropriate
				ballistic sample and thereby make notification to the Division of State Police
				of the manufacturer's noncompliance with this Part and with General Business
				Law section 396-ff. Upon securing a ballistic sample, the New York State Police
				will issue the dealer a certificate of compliance (information pertaining to
				the operation of regional CoBIS centers is contained in section
				472.6 
				of this Part).