New York State - Executive - EXC - Article 6

ARTICLE 6 DEPARTMENT OF STATE
Section 90. Department of state; secretary of state.
91. Rules.
92. Deputies.
93. Custody of records.
93-a. Examination of reports.
94. Commission on ethics and lobbying in government.
94-a. Consumer protection division.
94-b. Office for new Americans.
94-c. Major renewable energy development program.
95. Legislative manual.
96. Fees and refunds.
96-a. Fees for services rendered pursuant to the uniform commercial code.
97. Completing unfinished papers.
97-a. Affirmation in lieu of oath.
98. Copies of amendments to rules for admission of attorneys.
99. Central state registry of security guards.
100. Central state registry of armored car guards.
101. Accessibility, rules and regulations.
101-a. Legislative notification of the proposed adoption, amendment, suspension or repeal of agency rules.
101-b. Application by municipal corporations for the suspension of certain rules.
102. Filing and publication of codes, rules and regulations.
103. Future editions and supplements of official compilations.
104. Departmental cooperation.
104-a. Departmental cooperation regarding water quality.
105. Changes in codes, rules or regulations.
106. Proof of codes, rules and regulations.
106-a. Internet access to the New York code, rules and regulations.
107. Intergovernmental agreements.
108. Address confidentiality program.
109. Registration of certain service providers.
130. Appointment of notaries public.
131. Procedure of appointment; fees and commissions; fee payment methods.
132. Certificates of official character of notaries public.
133. Certification of notarial signatures.
134. Signature and seal of county clerk.
135. Powers and duties; in general; of notaries public who are attorneys at law.
135-a. Notary public or commissioner of deeds; acting without appointment; fraud in office.
135-b. Advertising by notaries public.
135-c. Electronic notarization.
136. Notarial fees.
137. Statement as to authority of notaries public.
138. Powers of notaries public or other officers who are stockholders, directors, officers or employees of a corporation.
139. Commissioners of deeds within the state.
140. Commissioners of deeds in the city of New York.
141. Commissioners of deeds in other states, territories and foreign countries.
142. Powers of such commissioners.
142-a. Validity of act of notaries public and commissioners of deeds notwithstanding certain defects.
143. Fees of such commissioners.
144. Saving clause.
144-a. Eligible professions for the purchase, sale, and use of body armor.
§ 90. Department of state; secretary of state. There shall be in the state government a department of state. The head of the department shall be the secretary of state who shall be appointed by the governor by and with the advice and consent of the senate and hold office until the end of the term of the governor by whom he was appointed and until his successor is appointed and has qualified. The secretary of state shall receive an annual salary within the amount appropriated therefor and his reasonable expenses when necessarily absent on public business pertaining to the duties of his office.
In addition to those divisions created and continued within the Department of State by other statutes, the secretary of state may establish such other divisions and bureaus in the department of state as he may deem necessary. He may prescribe the duties and powers of such divisions and bureaus which shall be exercised and performed under his supervision.
§ 91. Rules. Subject to and in conformity with the provisions of the constitution and laws of the state, the secretary of state may adopt and promulgate such rules which shall regulate and control the exercise of the powers of the department of state and the performance of the duties of officers, agents and other employees thereof.
§ 92. Deputies. The secretary of state shall appoint a deputy, who may perform all the duties of the secretary of state. Any such deputy shall receive an annual salary to be fixed by the secretary of state within the amount appropriated therefor. The secretary of state may also appoint and fix the compensation of such other deputies, assistants and employees as he shall deem necessary within the amount appropriated therefor and prescribe their powers and duties.
§ 93. Custody of records. 1. The secretary of state shall have the custody of all laws and concurrent resolutions of the legislature, all documents issued under the great seal, all books, records, deeds, parchments, maps and papers deposited or kept in his or her office, and shall properly arrange and preserve them.
2. The records in the custody of the secretary of state need not be retained in the form in which the record is received so long as the technology used to retain such record results in a permanent record which may be accurately reproduced during the period for which the record is required to be retained. The secretary of state may promulgate rules and regulations relating to the use by the department of state of automatic data processing, telecommunications and other information technologies for the processing of records for retention by the department of state.
§ 93-a. Examination of reports. The secretary of state shall examine all reports required to be filed with the department of state pursuant to article seven-A of this chapter in order to determine the nature and extent of the in-kind support provided by any covered entity to one or more recipient entities, as such terms are defined in section one hundred seventy-two-e of this chapter, and the nature and extent of covered communications by any covered entity, as such terms are defined in section one hundred seventy-two-f of this chapter. Notwithstanding any inconsistent provision of law, whenever the secretary of state, in consultation with the department of taxation and finance or the department of law, determines that the nature and extent of a covered entity's in-kind support to other entities or the nature and extent of a covered entity's spending on covered communications is inconsistent with the charitable purposes of such covered entity, the secretary shall cause the reports required by article seven-A of this chapter filed by such entity to be published on the website of the department of state upon such finding. Provided, however, that such publishing shall not include the names and addresses of individual donors to covered entities nor shall such publishing include the covered entity's Internal Revenue Service Form 990 Schedule B. The secretary shall report to the governor, the temporary president of the senate and the speaker of the assembly, by December thirty-first, two thousand twenty-two, and annually thereafter, on topics including but not limited to: the nature and extent of in-kind support provided by covered entities to recipient entities, as such terms are defined in section one hundred seventy-two-e of this chapter and the nature and extent of expenditures for covered communications. The secretary may request the assistance of the department of taxation and finance or the department of law in order to complete this report. Provided however that such report shall not include the names and addresses of individual donors to covered entities nor shall such report include the covered entity's Internal Revenue Service Form 990 Schedule B.
§ 94. Commission on ethics and lobbying in government. 1. (a) Commission established. There is hereby established within the department of state, a commission on ethics and lobbying in government, an agency responsible for administering, enforcing, and interpreting New York state's ethics and lobbying laws. The commission shall have and exercise the powers and duties set forth in this section with respect to statewide elected officials, members of the legislature and employees of the legislature, and state officers and employees as defined in sections seventy-three, seventy-three-a, and seventy-four of the public officers law, candidates for statewide elected office and for the senate or assembly, and the political party chair as is defined in section seventy-three of the public officers law, lobbyists and the clients of lobbyists as defined in section one-c of the legislative law, and individuals who have formerly held such positions, were lobbyists or clients of lobbyists as defined in section one-c of the legislative law, or who have formerly been such candidates.
(b) The commission shall provide for the transfer, assumption or other disposition of the records, property, and personnel affected by this section, and it is further provided, should any employees be transferred from the joint commission on public ethics ("JCOPE"), the predecessor ethics agency, to the commission, that such transfer will be without further examination or qualification and such employees shall retain their respective civil service classifications, status and collective bargaining agreements.
(c) The commission shall review any pending inquiries or matters affected by this section and shall establish policies to address them.
(d) The commission shall undertake a comprehensive review of all regulations in effect upon the effective date of this section; and review of all advisory opinions of predecessor ethics agencies, including JCOPE, the legislative ethics commission, the commission on public integrity, the state ethics commission, and the temporary lobbying commission, which will address the consistency of such regulations and advisory opinions among each other and with the new statutory language, and of the effectiveness of the existing laws, regulations, guidance and ethics enforcement structure.
(e) This section shall not be deemed to have revoked or rescinded any regulations or advisory opinions in effect on the effective date of this section that were issued by predecessor ethics and lobbying bodies. The commission shall cooperate, consult, and coordinate with the legislative ethics commission, to the extent possible, to administer and enforce the laws under its jurisdiction.
(f) The annual budget submitted by the governor shall separately state the recommended appropriations for the commission on ethics and lobbying in government. Upon enactment, these separately stated appropriations for the commission on ethics and lobbying in government shall not be decreased by interchange with any other appropriation, notwithstanding section fifty-one of the state finance law.
2. Definitions. For the purposes of this section, the following terms shall have the following meanings:
(a) "commission" means the commission on ethics and lobbying in government established pursuant to subdivision one of this section.
(b) "selection members" means the governor, speaker of the assembly, temporary president of the senate, minority leader of the senate, minority leader of the assembly, comptroller, and the attorney general.
(c) "independent review committee" means the committee of the American Bar Association accredited New York state law school deans or interim deans, or their designee who is an associate dean of their respective law school, tasked with reviewing, approving, or denying the members of the commission as nominated by the selection members and other tasks pursuant to this section.
(d) "respondent" means the individual or individuals or organization or organizations subject to an inquiry, investigation, or enforcement action.
(e) "victim" means any individual that has suffered or alleged to have suffered direct harm from any violation of law that is subject to investigation under the jurisdiction of the commission.
3. Nomination and appointment of the commission. (a) The commission shall consist of eleven members, to be nominated by the selection members as follows: three members by the governor; two members by the temporary president of the senate; one member by the minority leader of the senate; two members by the speaker of the assembly; one member by the minority leader of the assembly; one member by the attorney general; and one member by the comptroller.
(b) The independent review committee shall within thirty days review the qualifications of the nominated candidates and approve or deny each candidate nominated by their respective selection member.
(c) The independent review committee shall publish on its website a procedure by which it will review the qualifications of the nominated candidate and approve or deny each candidate.
(d) Those candidates that the independent review committee deems to meet the qualifications necessary for the services required based on their background and expertise that relate to the candidate's potential service on the commission shall be appointed as a commission member. The nominating selection member shall nominate a new candidate for those that are denied by the independent review committee.
(e) No individual shall be eligible for nomination and appointment as a member of the commission who is currently, or has within the last two years:
(i) been registered as a lobbyist in New York state;
(ii) been a member or employee of the New York state legislature, a statewide elected official, or a commissioner of an executive agency appointed by the governor;
(iii) been a political party chair, as defined in section seventy-three of the public officers law; or
(iv) been a state officer or employee as defined in section seventy-three of the public officers law.
(f) The independent review committee shall convene as needed or as requested by the selection members. The chair of the independent review committee shall be elected from the members of the independent review committee.
(g) Appropriate staffing and other resources shall be provided for in the commission's budget for the independent review committee to carry out its powers, functions, and duties. The independent review committee shall publish on the commission's website a procedure by which it will review and select the commission members and other processes to effectuate its responsibilities under this section.
(h) The majority of the independent review committee shall constitute a quorum to hold a meeting and conduct official business.
(i) During the pendency of the review and approval or denial of the candidates, the independent review committee shall be subject to and maintain confidentiality in all independent review committee processes, reviews, analyses, approvals, and denials. A member of the independent review committee may be removed by majority vote of the committee for substantial neglect of duty, misconduct, violation of the confidentiality restrictions set forth in this section, inability to discharge the powers or duties of the committee or violation of this section, after written notice and opportunity for a reply.
(j) Upon the receipt of the selection members' appointments, members of the independent review committee shall disclose to the independent review committee any personal, professional, financial, or other direct or indirect relationships a member of the independent review committee may have with an appointee. If the independent review committee determines a conflict of interest exists, such independent review committee member shall, in writing, notify the other members of the independent review committee of the possible conflict. The member may recuse themself from all subsequent involvement in the consideration of and action upon the appointment. If, after disclosure, the member does not recuse themself from the matter, the independent review committee, by majority vote finding the disclosed information creates a substantial conflict of interest, may remove the conflicted member from further consideration of and action upon the appointment.
(k) Notwithstanding the provisions of article seven of the public officers law, no meeting or proceeding of the independent review committee shall be open to the public, except the applicable records pertaining to the review and selection process for a member's seat shall be subject to disclosure pursuant to article six of the public officers law only after an individual member is appointed to the commission. Requests for such records shall be made to, and processed by, the commission's records access officer.
(l) The independent review committee shall neither be public officers nor be subject to the requirements of the public officers law.
(m) Notwithstanding subdivision (l) of this section, the independent review committee members shall be entitled to representation, indemnification, and to be held harmless to the same extent as any other person employed in service of the state and entitled to such coverage under sections seventeen and nineteen of the public officers law, provided however, that any independent review committee member removed due to a violation of paragraph (i) of this subdivision shall not qualify for such entitlements.
4. Commission. (a) The first class of members of the commission shall serve staggered terms to ensure continuity. For the first class of the commission, the governor's first appointee shall serve an initial term of four years, their second appointee shall serve an initial term of two years, and their third appointee shall serve an initial term of one year; the attorney general's appointee shall serve an initial term of four years; the comptroller's appointee shall serve an initial term of four years; the temporary president of the senate's first appointee shall serve an initial term of four years and their second appointee shall serve a term of two years; the minority leader of the senate's appointee shall serve an initial term of four years; the speaker of the assembly's first appointee shall serve initial terms of four years and their second appointee shall serve a term of two years; and the minority leader of the assembly's appointee shall serve a term of four years. All subsequent members shall serve a term of four years. No member shall be selected to the commission for more than two full consecutive terms, except that a member who has held the position by filling a vacancy can only be selected to the commission for an additional two full consecutive terms.
(b) The commission by majority vote shall elect a chairperson from among its members for a term of two years. A chairperson may be elected to no more than two terms for such office.
(c) Members of the commission may be removed by majority vote of the commission for substantial neglect of duty, misconduct in office, violation of the confidentiality restrictions set forth in this section, inability to discharge the powers or duties of office or violation of this section, after written notice and opportunity for a reply.
(d) Any vacancy occurring on the commission shall be filled within thirty days of its occurrence in the same manner as a member is initially selected to complete the vacant term.
(e) During the period of a member's service as a member of the commission, the member shall refrain from making, or soliciting from other persons, any contributions to candidates, political action committees, political parties or committees, newsletter funds, or political advertisements for election to the offices of governor, lieutenant governor, member of the assembly or the senate, attorney general or state comptroller.
(f) Members of the commission shall receive a per diem allowance equal to the salary of a justice of the supreme court divided by two hundred twenty for each day or each pro-rated day actually spent in the performance of the member's duties under this section, and, in addition thereto, shall be reimbursed for all reasonable expenses actually and necessarily incurred by the member in the performance of the member's duties under this section. For the purposes of this subdivision, a day shall consist of at least seven and one-half hours spent in the performance of the member's duties under this section.
(g) The commission shall meet at least quarterly and additionally as called by the chairperson, or upon the call of a majority of the members of the commission. The commission shall be subject to articles six and seven of the public officers law.
(h) A majority of the members of the commission shall constitute a quorum, and the commission shall have the power to act by majority vote of the total number of members of the commission without vacancy.
(i) The commission shall hold a public hearing at least once each calendar year to take testimony regarding the operation of the commission and solicit public input regarding potential or proposed changes in the laws under its jurisdiction.
5. Powers. (a) The commission has the authority to: (i) adopt, amend, and rescind any rules and regulations pertaining to section seventy-three, seventy-three-a or seventy-four of the public officers law, article one-A of the legislative law, or section one hundred seven of the civil service law; (ii) adopt, amend, and rescind any procedures of the commission, including but not limited to, procedures for advice and guidance, training, filing, review, and enforcement of financial disclosure statements, investigations, enforcement, and due process hearings; and (iii) develop and promulgate any programs for reviews, training, and guidance to carry out the commission's mission.
(b) The commission shall adopt and post on its website guidance documents detailing the processes and procedures of an investigation, including the stages of an investigation; timelines, including the reasons for any potential delays in an investigation; the hearing and adjudication process; outcomes of an investigation; and, anything else the commission deems necessary to inform the public as well as relevant parties to an investigation including complainants, respondents, victims, if any, and witnesses as to such processes and procedures. The guidance documents shall delineate the processes and procedures that apply to the relevant parties, including, where applicable, the due process and any other rights or remedies that the relevant party may have under the commission's procedures or any other area of law. The guidance documents shall be provided to the relevant party of an investigation upon such party's involvement in such investigation.
(c) The commission has the authority to compel the testimony of witnesses, and may administer oaths or affirmations, subpoena witnesses, compel their attendance and require the production of any books or records which it may deem relevant or material.
6. Executive director and commission staff. The commission shall:
(a) (i) Appoint an executive director through a majority vote of the members of the commission, who shall act in accordance with the policies of the commission. The executive director shall be appointed without regard to political affiliation and solely on the basis of fitness to perform the duties assigned by this section, and meet the qualifications necessary for the services required based on their background and expertise that relate to the candidate's potential service to the commission. No individual shall be eligible to be appointed as an executive director if the individual is currently, or within the last two years has been:
(1) registered as a lobbyist in New York state;
(2) a member or employee of the New York state legislature or a statewide elected official, or a commissioner of an executive agency appointed by the governor; or
(3) a political party chair, as defined in section seventy-three of the public officers law.
(ii) The appointment and removal of the executive director shall be made by a majority vote of the commission.
(iii) The term of office of the executive director shall be four years from the date of appointment. The salary of the executive director shall be determined by the members of the commission based on experience.
(iv) The commission may remove the executive director for neglect of duty, misconduct in office, violation of the confidentiality restrictions in this section, or inability or failure to discharge the powers or duties of office, including the failure to follow the lawful instructions of the commission.
(b) The commission may delegate authority to the executive director to act in the name of the commission between meetings of the commission provided such delegation is in writing, the specific powers to be delegated are enumerated, and the commission shall not delegate any decisions specified in this section that require a vote of the commission.
(c) The commission, through the executive director, shall establish units within the commission to carry out it duties, including, but not limited to, (i) an advice and guidance unit, (ii) a training unit, (iii) a financial disclosure unit, (iv) a lobbying unit, and (v) an investigations and enforcement unit.
(d) The commission, through the executive director, shall appoint such other staff as are necessary to carry out its duties under this section, including, but not limited to, a deputy director of an advice and guidance unit to provide timely confidential advice to persons subject to the commission's jurisdiction, a deputy director for training, a deputy director for investigations and enforcement, and a deputy director for lobbying.
(e) In addition to meeting the qualifications necessary for the services required for the position, the deputy director for investigations and enforcement shall have completed substantial training and have experience in trauma-informed approaches to investigations and enforcement. The deputy director for investigations and enforcement shall complete a minimum of four hours of training annually in trauma-informed approaches to investigations and enforcement. Such trainings may include, but not be limited to, the impact of trauma, first impression matters, victim interviews, investigative strategies, and alcohol and drug facilitated cases.
(f) The commission, through the executive director, shall review and approve a staffing plan provided and prepared by the executive director which shall contain, at a minimum, a list of the various units and divisions as well as the number of positions in each unit, titles and their duties, and salaries, as well as the various qualifications for each position.
7. Advice and guidance. (a) The commission shall establish a unit or units solely for ethics and lobbying guidance, and give such prompt, informal advice to persons whose conduct it oversees, except with respect to members of the legislature and legislative staff, who shall seek advice from the legislative ethics commission in the first instance.
(b) Persons receiving such informal advice may rely on that advice absent misrepresentation or omission of material facts to the commission and such communications with the commission shall be treated as confidential, except as disclosure is needed to prevent or rectify a crime or fraud, or prevent a substantial threat to public health or safety or if required by court order.
(c) The commission may also render, on written request or on its own initiative, advisory opinions, and may allow for public comment before issuance of an advisory opinion. Such an opinion rendered by the commission shall be relied on by those subject to the commission's jurisdiction and until, or unless, amended, superseded, or revoked. Such opinion may also be relied upon by any such person, and may be introduced and shall be a defense, in any criminal or civil action.
8. Training. The commission shall establish a training unit and shall develop and administer an on-going program for the education and training in ethics and lobbying for those subject to the provisions of this section, as follows:
(a) The commission shall develop and administer a comprehensive and interactive live-in person or live-online ethics training course and shall designate and train instructors to conduct such training. Such live course shall be designed to include practical application of the material covered and a question-and-answer participatory segment. Unless the commission grants an extension or waiver for good cause shown, statewide elected officials, members of the legislature and employees of the legislature, and state officers and employees as defined in sections seventy-three, seventy-three-a, and seventy-four of the public officers law, and the political party chair as is defined in section seventy-three of the public officers law, shall complete the live course within ninety days of appointment or employment and shall complete the live course every two years subsequently.
(b) The commission shall develop and administer an online ethics refresher course for all individuals listed under subparagraph (i) of this paragraph who have previously completed the live course. Such refresher course shall be designed to include any changes in law, regulation, or policy or in the interpretation thereof, and practical application of the material covered. Unless the commission grants an extension or waiver for good cause shown, such individuals shall take such refresher course once every year after having completed the live course under paragraph (a) of this subdivision.
(c) The commission shall develop and administer an online live question and answer course for agency ethics officers.
(d) The commission shall develop and administer training courses for lobbyists and clients of lobbyists.
(e) The provisions of this subdivision shall be applicable to the legislature except to the extent that an ethics training program is otherwise established by the assembly and/or senate for their respective members and employees and such program meets or exceeds each of the requirements set forth in this subdivision.
(f) On an annual basis, the commission, in coordination with the legislative ethics commission, shall determine the status of compliance with the training requirements under this subdivision by each state agency and by the senate and the assembly. Such determination shall include aggregate statistics regarding participation in such training and shall be reported on a quarterly basis to the governor and the legislature in writing.
9. Financial disclosure statements. (a) The commission may delegate all or part of review, inquiry and advice in this section to the staff under the supervision of the executive director.
(b) The commission shall make available forms for annual statements of financial disclosure required to be filed pursuant to section seventy-three-a of the public officers law.
(c) The commission shall review the financial disclosure statements of the statewide elected officials and members of the legislature within sixty days of their filings to determine, among other things, deficiencies and conflicts.
(d) The commission shall review on a random basis the financial disclosure statements for filers who are not statewide elected officials and members of the legislature.
(e) The commission shall review financial disclosure statements filed in accordance with the provisions of this section and (i) inquire into any disclosed conflict to recommend how best to address such conflict; and
(ii) ascertain whether any person subject to the reporting requirements of section seventy-three-a of the public officers law has failed to file such a statement, has filed a deficient statement or has filed a statement which reveals a possible violation of section seventy-three, seventy-three-a or seventy-four of the public officers law.
(f) If a person required to file a financial disclosure statement with the commission has failed to file a disclosure statement or has filed a deficient statement, the commission shall notify the reporting person in writing, state the failure to file or detail the deficiency, provide the person with a fifteen-day period to cure the deficiency, and advise the person of the penalties for failure to comply with the reporting requirements. This first notice of deficiency shall be confidential. If the person fails to make such filing or fails to cure the deficiency within the specified time period, the commission shall send a notice of delinquency (i) to the reporting person; (ii) in the case of a statewide elected official, to the chief of staff or counsel to the statewide elected official; (iii) in the case of a member of the legislature or a legislative employee, to the temporary president of the senate and the speaker of the assembly; and (iv) in the case of a state officer, employee or board member, to the appointing authority for such person. Such notice of delinquency may be sent at any time during the reporting person's service as a statewide elected official, state officer or employee, member of the assembly or the senate, or a legislative employee or a political party chair or while a candidate for statewide office, or within one year after termination of such service or candidacy. A copy of any notice of delinquency or report shall be included in the reporting person's file and be available for public inspection and copying pursuant to the provisions of this section. The jurisdiction of the commission, when acting pursuant to this subdivision with respect to financial disclosure, shall continue for two years notwithstanding that the reporting person separates from state service, or ceases to hold public or political party office, or ceases to be a candidate, provided the commission notifies such person of the alleged failure to file or deficient filing pursuant to this subdivision.
(g) The commission shall adopt a procedure whereby a person who is required to file an annual financial disclosure statement with the commission may request an additional period of time within which to file such statement, other than members of the legislature, candidates for members of the legislature and legislative employees, due to justifiable cause or undue hardship.
(h) The commission may permit any person who is required to file a financial disclosure statement with the commission to request that the commission delete from the copy thereof made available for public inspection and copying one or more items of information which may be deleted by the commission upon a finding by the commission that the information which would otherwise be required to be made available for public inspection and copying will have no material bearing on the discharge of the reporting person's official duties. If such request for deletion is denied, the commission, in its notification of denial, shall inform the person of their right to appeal the commission's determination in a proceeding commenced against the commission, pursuant to article seventy-eight of the civil practice law and rules.
(i) The commission may permit any person who is required to file a financial disclosure statement with the commission to request an exemption from any requirement to report one or more items of information which pertain to such person's spouse, domestic partner, or unemancipated children which item or items may be exempted by the commission upon a finding by the commission that the reporting individual's spouse, domestic partner, on their own behalf, or on behalf of an unemancipated child, objects to providing the information necessary to make such disclosure and that the information which would otherwise be required to be reported shall have no material bearing on the discharge of the reporting person's official duties. If such request for exemption is denied, the commission, in its notification of denial, shall inform the person of their right to appeal the commission's determination, pursuant to article seventy-eight of the civil practice law and rules.
(j) The commission may permit any person required to file a financial disclosure statement to request an exemption from any requirement to report the identity of a client pursuant to the question under subparagraph (b) of paragraph eight of subdivision three of section seventy-three-a of the public officers law in such statement based upon an exemption set forth in such question. The reporting individual need not seek an exemption to refrain from disclosing the identity of any client with respect to any matter where they or their firm provided legal representation to the client in connection with an investigation or prosecution by law enforcement authorities, bankruptcy, or domestic relations matters. In addition, clients or customers receiving medical or dental services, mental health services, residential real estate brokering services, or insurance brokering services need not be disclosed. Pending any application for deletion or exemption to the commission relating to the filing of a financial disclosure statement, all information which is the subject or part of the application shall remain confidential. Upon an adverse determination by the commission, the reporting individual may request, and upon such request the commission shall provide, that any information that is the subject or part of the application remain confidential for a period of thirty days following notice of such determination. In the event that the reporting individual resigns their office and holds no other office subject to the jurisdiction of the commission, the information shall not be made public and shall be expunged in its entirety.
(k) The commission shall permit any person who has not been determined by the person's appointing authority to hold a policy-making position, but who is otherwise required to file a financial disclosure statement to request an exemption from such requirement in accordance with rules and regulations governing such exemptions. Such rules and regulations shall provide for exemptions to be granted either on the application of an individual or on behalf of persons who share the same job title or employment classification which the commission deems to be comparable for purposes of this section. Such rules and regulations may permit the granting of an exemption where, in the discretion of the commission, the public interest does not require disclosure and the applicant's duties do not involve the negotiation, authorization or approval of:
(i) contracts, leases, franchises, revocable consents, concessions, variances, special permits, or licenses as such terms are defined in section seventy-three of the public officers law;
(ii) the purchase, sale, rental or lease of real property, goods or services, or a contract therefor;
(iii) the obtaining of grants of money or loans; or
(iv) the adoption or repeal of any rule or regulation having the force and effect of law.
10. Investigation and enforcement. (a) The commission shall receive complaints and referrals alleging violations of section seventy-three, seventy-three-a or seventy-four of the public officers law, article one-A and section five-b of the legislative law, or section one hundred seven of the civil service law.
(b) Upon the receipt of a complaint, referral, or the commencement of an investigation, members of the commission shall disclose to the commission any personal, professional, financial, or other direct or indirect relationships a member of the commission may have with a complainant or respondent. If any commissioner determines a conflict of interest may exist, the commissioner shall, in writing, notify the other members of the commission setting forth the possible conflict of interest. The commissioner may recuse themself from all subsequent involvement in the consideration and determination of the matter. If, after the disclosure, the commissioner does not recuse themself from the matter, the commission, by a majority vote finding that the disclosed information creates a substantial conflict of interest, shall remove the conflicted commissioner from all subsequent involvement in the consideration and determination of the matter, provided the reason for the decision is clearly stated in the determination of the commission.
(c) The commission shall conduct any investigation necessary to carry out the provisions of this section. Pursuant to this power and duty, the commission may administer oaths or affirmations, subpoena witnesses, compel their attendance and testimony, and require the production of any books or records which it may deem relevant or material. The commission may, by a majority vote and pursuant to regulations adopted pursuant to the state administrative procedure act, delegate to the executive director the authority to issue subpoenas, provided that the executive director first notify the chair of the commission.
(d) The commission staff shall review and investigate, as appropriate, any information in the nature of a complaint or referral received by the commission or initiated by the commission, including through its review of media reports and other information, where there is specific and credible evidence that a violation of section seventy-three, seventy-three-a, or seventy-four of the public officers law, section one hundred seven of the civil service law or article one-A of the legislative law by a person or entity subject to the jurisdiction of the commission including members of the legislature and legislative employees and candidates for members of the legislature.
(e) The commission shall notify the complainant, if any, that the commission has received their complaint.
(f) If, following a preliminary review of any complaint or referral, the commission or commission staff decides to elevate such preliminary review into an investigation, written notice shall be provided to the respondent setting forth, to the extent the commission is able to, the possible or alleged violation or violations of such law and a description of the allegations against the respondent and the evidence, if any, already gathered pertaining to such allegations, provided however that any information that may, in the judgment of the commission or staff, either be prejudicial to the complainant or compromise the investigation shall be redacted. The respondent shall have fifteen days from receipt of the written notice to provide any preliminary response or information the respondent determines may benefit the commission or commission staff in its work. After the review and investigation, the staff shall prepare a report to the commission setting forth the allegation or allegations made, the evidence gathered in the review and investigation tending to support and disprove, if any, the allegation or allegations, the relevant law, and a recommendation for the closing of the matter as unfounded or unsubstantiated, for settlement, for guidance, or moving the matter to a confidential due process hearing. The commission shall, by majority vote, return the matter to the staff for further investigation or accept or reject the staff recommendation.
(g) In an investigation involving a victim the commission shall ensure that any interview of such victim is upon such victim's consent and that the investigator or investigators interviewing such victim have adequate trauma informed and victim centered investigative training. If a victim is requested to testify at a hearing, the commission shall provide sufficient notice to the victim of such request. Regardless of whether a victim is requested to or testifies at a hearing, the victim shall be informed as to how any statements made or information provided will be used in an investigation.
(h) Upon the conclusion of an investigation, if the commission, after consideration of a staff report, determines by majority vote that there is credible evidence of a violation of the laws under its jurisdiction, it shall provide the respondent timely notice for a due process hearing. The commission shall also inform the respondent of its rules regarding the conduct of adjudicatory proceedings and appeals and the other due process procedural mechanisms available to the respondent. If after a hearing the complaint is unsubstantiated or unfounded, the commission shall provide written notice to the respondent, complainant, if any, and victim, if any, provided that such notice shall not include any personally identifying information or information tending to identify any party involved in an investigation.
(i) The hearing shall be conducted before an independent arbitrator. Such hearing shall afford the respondent with a reasonable opportunity to appear in person, and by attorney, give sworn testimony, present evidence, and cross-examine witnesses.
(j) The commission may, at any time, develop procedures and rules for resolution of de minimus or minor violations that can be resolved outside of the enforcement process, including the sending of a confidential guidance or educational letter.
(k) The jurisdiction of the commission when acting pursuant to this section shall continue notwithstanding that a statewide elected official or a state officer or employee or member of the legislature or legislative employee separates from state service, or a political party chair ceases to hold such office, or a candidate ceases to be a candidate, or a lobbyist or client of a lobbyist ceases to act as such, provided that the commission notifies such individual or entity of the alleged violation of law within two years from the individual's separation from state service or termination of party service or candidacy, or from the last report filed pursuant to article one-A of the legislative law. Nothing in this section shall serve to limit the jurisdiction of the commission in enforcement of subdivision eight of section seventy-three of the public officers law.
(l) If the commission's vote to proceed to a due process hearing after the completion of an investigation does not carry, the commission shall provide written notice of the decision to the respondent, complainant, if any, and victim, if any, provided that such notice shall not include any personally identifying information or information tending to identify any party involved in an investigation.
(m) If the commission determines a complaint or referral lacks specific and credible evidence of a violation of the laws under its jurisdiction, or a matter is closed due to the allegations being unsubstantiated prior to a vote by the commission, such records and all related material shall be exempt from public disclosure under article six of the public officers law, except the commission's vote shall be publicly disclosed in accordance with articles six and seven of the public officers law. The commission shall provide written notice of such closure to the respondent, complainant, if any, or victim, if any, provided that such notice shall not include any personally identifying information or information tending to identify any party involved in an investigation.
(n) (i) An individual subject to the jurisdiction of the commission who knowingly and intentionally violates the provisions of subdivisions two through five-a, seven, eight, twelve or fourteen through seventeen of section seventy-three of the public officers law, section one hundred seven of the civil service law, or a reporting individual who knowingly and willfully fails to file an annual statement of financial disclosure or who knowingly and willfully with intent to deceive makes a false statement or fraudulent omission or gives information which such individual knows to be false on such statement of financial disclosure filed pursuant to section seventy-three-a of the public officers law, shall be subject to a civil penalty in an amount not to exceed forty thousand dollars and the value of any gift, compensation or benefit received as a result of such violation.
(ii) An individual who knowingly and intentionally violates the provisions of paragraph a, b, c, d, e, g, or i of subdivision three of section seventy-four of the public officers law, shall be subject to a civil penalty in an amount not to exceed ten thousand dollars and the value of any gift, compensation or benefit received as a result of such violation.
(iii) An individual subject to the jurisdiction of the commission who knowingly and willfully violates article one-A of the legislative law shall be subject to civil penalty as provided for in that article.
(iv) With respect to a potential violation of any criminal law where the commission finds sufficient cause by a majority vote, it shall refer such matter to the appropriate law enforcement authority for further investigation.
(v) In assessing the amount of the civil penalties to be imposed, the commission shall consider the seriousness of the violation, the amount of gain to the individual and whether the individual previously had any civil or criminal penalties imposed pursuant to this section, and any other factors the commission deems appropriate.
(vi) A civil penalty for false filing shall not be imposed under this subdivision in the event a category of "value" or "amount" reported hereunder is incorrect unless such reported information is falsely understated.
(vii) Notwithstanding any other provision of law to the contrary, no other penalty, civil or criminal may be imposed for a failure to file, or for a false filing, of such statement, or a violation of subdivision six of section seventy-three of the public officers law or section one hundred seven of the civil service law, except that the commission may recommend that the individual in violation of such subdivision or section be disciplined.
(o) The commission shall be deemed to be an agency within the meaning of article three of the state administrative procedure act and shall adopt rules governing the conduct of adjudicatory proceedings and appeals taken pursuant to a proceeding commenced under article seventy-eight of the civil practice law and rules relating to the assessment of the civil penalties or the recommendation of employee discipline herein authorized. Such rule shall provide for due process procedural mechanisms substantially similar to those set forth in article three of the state administrative procedure act but such mechanisms need not be identical in terms or scope.
(p) (i) The commission shall have jurisdiction to investigate, but shall have no jurisdiction to impose penalties or discipline upon members of or candidates for member of the legislature or legislative employees for any violation of the public officers law or section one hundred seven of the civil service law. If, after investigation and a due process hearing, the commission has found, by a majority vote, a substantial basis to conclude that a member of the legislature or a legislative employee or candidate for member of the legislature has violated any provisions of such laws, it shall prepare a written report of its findings and provide a copy of that report to the legislative ethics commission, and to such individual in violation of such law. The commission shall provide to the legislative ethics commission copies of the full investigative file and hearing record.
(ii) With respect to the investigation of any individual who is not a member of the legislature or a legislative employee or candidate for member of the legislature, if after its investigation and due process hearing, the commission has found, by a majority vote, a substantial basis to conclude that the individual or entity has violated the public officers law, section one hundred seven of the civil service law, or the legislative law, the commission shall determine whether, in addition to or in lieu of any fine authorized by this article, the matter should be referred to their employer for discipline with a warning, admonition, censure, suspension or termination or other appropriate discipline. With regard to statewide elected officials, the commission may not order suspension or termination but may recommend impeachment. The commission shall then issue a report containing its determinations including its findings of fact and conclusions of law to the complainant and respondent. The commission shall publish such report on its website within twenty days of its delivery to the complainant and respondent.
11. Confidentiality. (a) When an individual becomes a commissioner or staff of the commission, such individual shall be required to sign a non-disclosure statement.
(b) Except as otherwise required or provided by law, or when necessary to inform the complainant or respondent of the alleged violation of law, if any, of the status of an investigation, testimony received, or any other information obtained by a commissioner or staff of the commission, shall not be disclosed by any such individual to any person or entity outside of the commission during the pendency of any matter. Any confidential communication to any person or entity outside the commission related to the matters before the commission shall occur only as authorized by the commission. For the purposes of this paragraph, "matter" shall mean any complaint, review, inquiry, or investigation into alleged violations of this chapter.
(c) The commission shall establish procedures necessary to prevent the unauthorized disclosure of any information received by any member of the commission or staff of the commission. Any breaches of confidentiality may be investigated by the New York state office of the inspector general, attorney general, or other appropriate law enforcement authority upon a majority vote of the commission to refer, and appropriate action shall be taken.
(d) Any commission member or person employed by the commission who intentionally and without authorization releases confidential information received or generated by the commission shall be guilty of a class A misdemeanor.
12. Annual report. (a) The commission shall make an annual public report summarizing the activities of the commission during the previous year and recommending any changes in the laws governing the conduct of persons subject to the jurisdiction of the commission, or the rules, regulations and procedures governing the commission's conduct. Such report shall include, but is not limited to:
(i) information on the number and type of complaints received by the commission and the status of such complaints;
(ii) information on the number of investigations pending and nature of such investigations;
(iii) where a matter has been resolved, the date and nature of the disposition and any sanction imposed; provided, however, that such annual report shall not contain any information for which disclosure is not permitted pursuant to this section or other laws;
(iv) information regarding financial disclosure compliance for the preceding year; and
(v) information regarding lobbying law filing compliance for the preceding year.
(b) Such a report shall be filed in the office of the governor and with the legislature on or before the first day of April for the preceding year.
13. Website. (a) Within one hundred twenty days of the effective date of this section, the commission shall update JCOPE's publicly accessible website which shall set forth the procedure for filing a complaint with the commission, the filing of financial disclosure statements filed by state officers or employees or legislative employees, the filing of statements required by article one-A of the legislative law, and any other records or information which the commission determines to be appropriate.
(b) The commission shall post on its website the following documents:
(i) the information set forth in an annual statement of financial disclosure filed pursuant to section seventy-three-a of the public officers law except information deleted pursuant to paragraph (g) of subdivision nine of this section of statewide elected officials and members of the legislature;
(ii) notices of delinquency sent under subdivision nine of this section;
(iii) notices of civil assessments imposed under this section which shall include a description of the nature of the alleged wrongdoing, the procedural history of the complaint, the findings and determinations made by the commission, and any sanction imposed;
(iv) the terms of any settlement or compromise of a complaint or referral which includes a fine, penalty or other remedy;
(v) those required to be held or maintained publicly available pursuant to article one-A of the legislative law; and
(vi) reports issued by the commission pursuant to this section.
14. Additional powers. In addition to any other powers and duties specified by law, the commission shall have the power and duty to administer and enforce all the provisions of this section.
15. Severability. If any part or provision of this section or the application thereof to any person or organization is adjudged by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such judgment shall not affect or impair any other part or provision or the application thereof to any other person or organization, but shall be confined in its operation to such part or provision.
§ 94-a. Consumer protection division. 1. Legislative declaration. The legislature hereby finds and declares that the consumption of goods and services is an economic activity that affects the life of every citizen. The legislature further finds that unscrupulous and questionable business practices are detrimental to the economic well-being of the citizens of this state. In order to protect the people of New York state from economic harm the legislature finds that it is appropriate that the responsibilities of the consumer protection board be consolidated into a new consumer protection division under the supervision of the secretary.
2. Consumer protection division. (a) The secretary shall establish a consumer protection division in the department.
(b) The secretary is authorized to establish within the consumer protection division one or more units and assign appropriate functions to any such unit and may appoint such staff as necessary and prescribe their duties and fix their compensation within the appropriation provided by law.
(c) The secretary shall establish a public education and outreach campaign to publicize the consumer protection division so as to maximize public awareness of, and the services provided by, such division.
3. Powers of the consumer protection division. (a) The division shall have the power and duty to:
(1) receive complaints of consumers, attempt to mediate such complaints where appropriate, and refer complaints to the appropriate unit of the department, or federal, state or local agency authorized by law for appropriate action on such complaints;
(2) coordinate the activities of all state agencies performing consumer protection functions;
(3) initiate and encourage consumer education programs;
(4) conduct investigations, research, studies and analyses of matters affecting the interests of consumers;
(5) cooperate with and assist the attorney general and the department of financial services in the carrying out of legal enforcement responsibilities for the protection of consumers;
(6) implement other powers and duties by regulation and otherwise as prescribed by any provision of law;
(7) (i) advise and make recommendations to the governor on matters affecting the consumers of the state and promote and encourage the protection of the legitimate interests of consumers within the state;
(ii) study the operation of consumer protection laws and recommend to the governor new laws and amendments of laws for consumer protection;
(8) represent the interests of consumers of the state before federal, state and local administrative and regulatory agencies;
(9) establish a process by which victims of identity theft will receive assistance and information to resolve complaints. To implement the process the secretary shall have the authority to:
(i) promulgate rules and regulations to administer the identity theft prevention and mitigation program; and
(ii) act as a liaison between the victim and any state agency, public authority, or any municipal department or agency, the division of state police, and county or municipal police departments, and any non-governmental entity, including but not limited to, consumer credit reporting agencies, to facilitate the victim obtaining such assistance and data as will enable the program to carry out its duties to help consumers resolve the problems that have resulted from the identity theft. Trade secrets and proprietary business information contained in the documents or records that may be received by the division shall be exempt from disclosure to the extent allowed by article six of the public officers law;
(10) undertake activities to encourage business and industry to maintain high standards of honesty, fair business practices, and public responsibility in the production, promotion and sale of consumer goods and services;
(11) conduct product research and testing and, where appropriate, contract with private agencies and firms for the performance of such services;
(12) cooperate with and assist local governments in the development of consumer protection activities;
(13) establish advisory councils to assist in policy formulation on specific consumer problems;
(14) cooperate with and assist consumers in class actions in proper cases;
(15) create an internet website or webpage pursuant to section three hundred ninety-c of the general business law, as added by chapter five hundred nine of the laws of two thousand seven; and
(16) exercise such powers and duties granted to the secretary by article sixteen of the energy law as the secretary may direct, including, but not limited to: consult with such president of the New York state energy research and development authority in connection with investigations conducted by such president pursuant to article sixteen of the energy law; make determinations relating to compliance by products with the standards adopted pursuant to article sixteen of the energy law; order the immediate cessation of any distribution, sale or offer for sale, import, or installation of any product that does not meet such standards; and impose civil penalties as contemplated by article sixteen of the energy law.
4. Utility intervention unit. (a) There is established within the division a state utility intervention unit.
(b) The utility intervention unit shall have the power and duty to:
(i) on behalf of the secretary, initiate, intervene in, or participate in any proceedings before the public service commission or the department of public service, to the extent authorized by sections three-b, twenty-four-a, seventy-one, eighty-four or ninety-six of the public service law or any other applicable provision of law, where he or she deems such initiation, intervention or participation to be necessary or appropriate;
(ii) represent the interests of consumers of the state before federal, state and local administrative and regulatory agencies engaged in the regulation of energy services;
(iii) accept and investigate complaints of any kind from Long Island power authority consumers, attempt to mediate such complaints where appropriate directly with such authority and refer complaints to the appropriate state or local agency authorized by law to take action with respect to such complaints; and
(iv) hold regular forums in each of the service territories of the combination gas and electric corporations, as defined under section two of the public service law, and the Long Island power authority to educate consumers about utility-related matters and the regulatory process, opportunities to lower energy costs, including through energy efficiency and distributed generation, and other matters affecting consumers.
5. Reports. (a) No later than March fifteenth of each year, beginning in two thousand twelve, the secretary shall furnish to the governor, the speaker of the assembly and the temporary president of the senate a report describing the activities of the consumer protection division. The secretary shall prepare quarterly a report to the governor, the speaker of the assembly and the temporary president of the senate of the category and number of complaints received by the division during the previous quarter in sufficient detail to assist the recipients in determining the need for additional laws for the protection of the consumer. Additionally, all such complaints received by the division shall be maintained on a category by category basis.
(b) No later than January first, two thousand twelve, the secretary shall furnish to the governor, the speaker of the assembly and the temporary president of the senate a report describing the activities of the consumer protection division regarding the public education and outreach campaign required pursuant to paragraph (c) of subdivision two of this section.
§ 94-b. Office for new Americans. 1. Legislative intent. The legislature hereby finds and declares that, according to the 2010 census, approximately twenty-two percent of New Yorkers were not born in the United States, nine percent above the national average. For years immigrants have come to the United States to make a better life for themselves. It is of utmost importance to the state that these new Americans be given the tools to assist them in making a better life for themselves, particularly through programs that help develop and leverage their skills and strengthen their connections with their communities and through programs to reduce exploitation of vulnerable immigrant populations.
2. Definitions. For the purposes of this section, the terms "new American" and "immigrant" shall refer to non-citizen domicilaries of New York state whose country of origin is other than the United States.
3. Office for new Americans; director. There is hereby created within the department of state the office for new Americans. The secretary shall appoint a director of the office to accomplish the responsibilities set forth in this section. Such director shall receive an annual salary within amounts appropriated and shall serve at the pleasure of the secretary.
4. Organization of the office for new Americans. The secretary shall have the power to establish, consolidate, reorganize, or abolish any organizational units within the office as he or she determines to be necessary for efficient operation thereof. The secretary shall assign functions to any such unit and may appoint staff, agents, and consultants, prescribe their duties, and fix their compensation within amounts appropriated.
5. Powers and duties of the office for new Americans. The office for new Americans shall have the power and responsibility to:
(a) Create a network of neighborhood-based opportunity centers;
(b) Increase access to English-for-speakers-of-other-languages (ESOL) training, including by engaging not-for-profit organizations and other qualified providers of ESOL training services;
(c) Assist immigrants in matters relating to immigration status, including but not limited to assisting with the naturalization process and applications for deferred action for childhood arrivals;
(d) Connect immigrants to business resources that harness their skills, employment referral programs, and other workforce development programs;
(e) Develop and leverage the skills of immigrants to benefit their communities and the state;
(f) Strengthen the connections between immigrants and their communities through civic engagement;
(g) Reduce exploitation of immigrants;
(h) Establish a toll-free multi-lingual hotline and a website for purposes including but not limited to dissemination of information about the programs and services offered by the office for new Americans, referral for services, and receipt of complaints relating to fraud and other related crimes against immigrants;
(i) Ensure that individuals referred by the office are directed to service providers who are in compliance with article twenty-eight-C of the general business law or providers certified by the bureau of immigration appeals;
(j) Using information developed by the office through the hotline, assist law enforcement in combatting crimes against immigrants;
(k) Advise the governor and secretary concerning matters affecting immigrants in the state in order to promote and encourage the full participation of immigrants in the state's civic and economic life;
(l) Coordinate with other state agencies and otherwise marshal the resources of the state to serve the needs of immigrants;
(m) Encourage and assist local governments in the development of activities to enhance civic engagement among immigrants and in immigrant communities; and
(n) Beginning in two thousand fifteen, by June fifteenth of each year, produce a report to the governor, the speaker of the assembly, and the temporary president of the senate describing the activities of the office, including but not limited to, summarizing calls received through the hotline and website, information on ESOL training services provided by the office, the number of immigrants assisted through the opportunity centers, or an estimation thereof, the status of any workforce development programs, and any other relevant information.
* § 94-c. Major renewable energy development program. 1. Purpose. It is the purpose of this section to consolidate the environmental review and permitting of major renewable energy facilities in this state and to provide a single forum in which the office of renewable energy siting created by this section may undertake a coordinated and timely review of proposed major renewable energy facilities to meet the state's renewable energy goals while ensuring the protection of the environment and consideration of all pertinent social, economic and environmental factors in the decision to permit such facilities as more specifically provided in this section.
2. Definitions. (a) "Executive director" or "director" shall mean the executive director of the office of renewable energy siting.
(b) "CLCPA targets" shall mean the public policies established in the climate leadership and community protection act enacted in chapter one hundred six of the laws of two thousand nineteen, including the requirement that a minimum of seventy percent of the statewide electric generation be produced by renewable energy systems by two thousand thirty, that by the year two thousand forty the statewide electrical demand system will generate zero emissions and the procurement of at least nine gigawatts of offshore wind electricity generation by two thousand thirty-five, six gigawatts of photovoltaic solar generation by two thousand twenty-five and to support three gigawatts of statewide energy storage capacity by two thousand thirty.
(c) "Local agency account" or "account" shall mean the account established by the office pursuant to subdivision seven of this section.
(d) "Local agency" means any local agency, board, district, commission or governing body, including any city, county, and other political subdivision of the state.
(e) "Municipality" shall mean a county, city, town, or village.
(f) "Office" shall mean the office of renewable energy siting established pursuant to this section.
(g) "Department" shall mean the department of state.
(h) "Major renewable energy facility" means any renewable energy system, as such term is defined in section sixty-six-p of the public service law as added by chapter one hundred six of the laws of two thousand nineteen, with a nameplate generating capacity of twenty-five thousand kilowatts or more, and any co-located system storing energy generated from such a renewable energy system prior to delivering it to the bulk transmission system, including all associated appurtenances to electric plants as defined under section two of the public service law, including electric transmission facilities less than ten miles in length in order to provide access to load and to integrate such facilities into the state's bulk electric transmission system.
(i) "Siting permit" shall mean the major renewable energy facility siting permit established pursuant to this section and the rules and regulations promulgated by the office.
(j) "Dormant electric generating site" shall mean a site at which one or more electric generating facilities produced electricity but has permanently ceased operating.
3. Office of renewable energy siting; responsibilities. (a) There is hereby established within the department an office of renewable energy siting which is charged with accepting applications and evaluating, issuing, amending, approving the assignment and/or transfer of siting permits. The office shall exercise its authority by and through the executive director.
(b) The office shall within one year of the effective date of this section establish a set of uniform standards and conditions for the siting, design, construction and operation of each type of major renewable energy facility relevant to issues that are common for particular classes and categories of major renewable energy facilities, in consultation with the New York state energy research and development authority, the department of environmental conservation, the department of public service, the department of agriculture and markets, and other relevant state agencies and authorities with subject matter expertise. Prior to adoption of uniform standards and conditions, the office shall hold four public hearings in different regions of the state to solicit comment from municipal, or political subdivisions, and the public on proposed uniform standards and conditions to avoid, minimize or mitigate potential adverse environmental impacts from the siting, design, construction and operation of a major renewable energy facility.
(c) The uniform standards and conditions established pursuant to this section shall be designed to avoid or minimize, to the maximum extent practicable, any potential significant adverse environmental impacts related to the siting, design, construction and operation of a major renewable energy facility. Such uniform standards and conditions shall apply to those environmental impacts the office determines are common to each type of major renewable energy facility.
(d) In its review of an application for a permit to develop a major renewable energy facility, the office, in consultation with the department of environmental conservation, shall identify those site-specific environmental impacts, if any, that may be caused or contributed to by a specific proposed major renewable energy facility and are unable to be addressed by the uniform standards and conditions. The office shall draft in consultation with the department of environmental conservation site specific permit terms and conditions for such impacts, including provisions for the avoidance or mitigation thereof, taking into account the CLCPA targets and the environmental benefits of the proposed major renewable energy facility, provided, however, that the office shall require that the application of uniform standards and conditions and site-specific conditions shall achieve a net conservation benefit to any impacted endangered and threatened species.
(e) To the extent that environmental impacts are not completely addressed by uniform standards and conditions and site-specific permit conditions proposed by the office, and the office determines that mitigation of such impacts may be achieved by off-site mitigation, the office may require payment of a fee by the applicant to achieve such off-site mitigation. If the office determines, in consultation with the department of environmental conservation, that mitigation of impacts to endangered or threatened species that achieves a net conservation benefit can be achieved by off-site mitigation, the amount to be paid for such off-site mitigation shall be set forth in the final siting permit. The office may require payment of funds sufficient to implement such off-site mitigation into the endangered and threatened species mitigation fund established pursuant to section ninety-nine-hh of the state finance law.
(f) The office, by and through the executive director, shall be authorized to conduct hearings and dispute resolution proceedings, issue permits, and adopt such rules, regulations and procedures as may be necessary, convenient, or desirable to effectuate the purposes of this section.
(g) The office shall within one year of the effective date of this section promulgate rules and regulations with respect to all necessary requirements to implement the siting permit program established in this section and promulgate modifications to such rules and regulations as it deems necessary; provided that the office shall promulgate regulations requiring the service of applications on affected municipalities and political subdivisions simultaneously with submission of the application to the office.
(h) At the request of the office, all other state agencies and authorities are hereby authorized to provide support and render services to the office within their respective functions.
(i) Notwithstanding any other provision of law, rule, or regulation to the contrary and consistent with appropriations therefor, employees of any state agency who are necessary to the functions of the office and who may be substantially engaged in the performance of its functions shall be transferred to the office in accordance with the provisions of section seventy of the civil service law. Employees transferred pursuant to this section shall be transferred without further examination or qualification and shall retain their respective civil service classifications. Nothing set forth in this subdivision shall be construed to impede, infringe, or diminish the rights and benefits that accrue to employees through collective bargaining agreements, impact or change an employee's membership in a bargaining unit, or otherwise diminish the integrity of the collective bargaining relationship.
4. Applicability. (a) On and after the effective date of this section, no person shall commence the preparation of a site for, or begin the construction of, a major renewable energy facility in the state, or increase the capacity of an existing major renewable energy facility, without having first obtained a siting permit pursuant to this section. Any such major renewable energy facility with respect to which a siting permit is issued shall not thereafter be built, maintained, or operated except in conformity with such siting permit and any terms, limitations, or conditions contained therein, provided that nothing in this subdivision shall exempt such major renewable energy facility from compliance with federal laws and regulations.
(b) A siting permit issued by the office may be transferred or assigned, subject to the prior written approval of the office, to a person that agrees to comply with the terms, limitations and conditions contained in such siting permit.
(c) The office or a permittee may initiate an amendment to a siting permit under this section. An amendment initiated by the office or permittee that is likely to result in any material increase in any environmental impact or involves a substantial change to the terms or conditions of a siting permit shall comply with the public notice and hearing requirements of this section.
(d) Any hearings or dispute resolution proceedings initiated under this section or pursuant to rules or regulations promulgated pursuant to this section may be conducted by the executive director or any person to whom the executive director shall delegate the power and authority to conduct such hearings or proceedings in the name of the office at any time and place.
(e) This section shall not apply:
(i) to a major renewable energy facility, or any portion thereof, over which any agency or department of the federal government has exclusive siting jurisdiction, or has siting jurisdiction concurrent with that of the state and has exercised such jurisdiction to the exclusion of regulation of the facility by the state; provided, however, nothing herein shall be construed to expand federal jurisdiction;
(ii) to normal repairs, maintenance, replacements, non-material modifications and improvements of a major renewable energy facility, whenever built, which are performed in the ordinary course of business and which do not constitute a violation of any applicable existing permit;
(iii) to a major renewable energy facility if, on or before the effective date of this section, an application has been made or granted for a license, permit, certificate, consent or approval from any federal, state or local commission, agency, board or regulatory body, including the submission of a pre-application public involvement program plan under article ten of the public service law and its implementing regulations, in which application the location of the major renewable energy facility has been designated by the applicant, except in the case of a person who elects to be subject to this section as authorized by paragraph e of subdivision four of section one hundred sixty-two of the public service law.
(f) Any person intending to construct a major renewable energy facility excluded from this section pursuant to paragraph (ii) or (iii) of paragraph (e) of this subdivision may elect to become subject to the provisions of this section by filing an application for a siting permit. This section shall thereafter apply to each major renewable energy facility identified in such notice from the date of its receipt by the office. With respect to such major renewable energy facilities, the rules and regulations promulgated pursuant to this section shall set forth an expedited permitting process to account for matters and issues already presented and resolved in relevant alternative permitting proceedings.
(i) With respect to a major renewable energy facility for which an application was previously reviewed pursuant to article ten of the public service law, and for which a completeness determination had already been issued at the time an application was filed pursuant to this section, such application shall be considered complete pursuant to this section upon filing.
(ii) With respect to a major renewable energy facility for which an application was previously reviewed pursuant to article ten of the public service law, and for which a completeness determination had not been issued at the time the application was filed pursuant to this section, the sixty-day time period provided in paragraph (b) of subdivision five of this section shall commence upon filing.
(g) Any person intending to construct a facility that is a renewable energy system, as such term is defined in section sixty-six-p of the public service law as added by chapter one hundred six of the laws of two thousand nineteen, with a nameplate capacity of at least twenty thousand but less than twenty-five thousand kilowatts, may apply to become subject to the provisions of this section by filing an application for a siting permit. Upon submission of such application, the subject renewable energy facility shall be treated as a "major renewable energy facility" exclusively for purposes of permitting under this section.
5. Application, municipal notice and review. (a) Until the office establishes uniform standards and conditions required by subdivision three of this section and promulgates regulations specifying the content of an application for a siting permit, an application for a siting permit submitted to the office shall conform substantially to the form and content of an application required by section one hundred sixty-four of the public service law.
(b) Notwithstanding any law to the contrary, the office shall, within sixty days of its receipt of an application for a siting permit determine whether the application is complete and notify the applicant of its determination. If the office does not deem the application complete, the office shall set forth in writing delivered to the applicant the reasons why it has determined the application to be incomplete. If the office fails to make a determination within the foregoing sixty-day time period, the application shall be deemed complete; provided, however, that the applicant may consent to an extension of the sixty-day time period for determining application completeness. Provided, further, that no application may be complete without proof of consultation with the municipality or political subdivision where the project is proposed to be located, or an agency thereof, prior to submission of an application to the office, related to procedural and substantive requirements of local law.
(c) (i) No later than sixty days following the date upon which an application has been deemed complete, and following consultation with any relevant state agency or authority, the office shall publish for public comment draft permit conditions prepared by the office, which comment period shall be for a minimum of sixty days from public notice thereof. Such public notice shall include, at a minimum, written notice to the municipality or political subdivision in which the major renewable energy facility is proposed to be located; publication in a newspaper or in electronic form, having general circulation in such municipality or political subdivision; and posted on the office's website.
(ii) For any municipality, political subdivision or an agency thereof that has received notice of the filing of an application, pursuant to regulations promulgated in accordance with this section, the municipality or political subdivision or agency thereof shall within the timeframes established by this subdivision submit a statement to the office indicating whether the proposed facility is designed to be sited, constructed and operated in compliance with applicable local laws and regulations, if any, concerning the environment, or public health and safety. In the event that a municipality, political subdivision or an agency thereof submits a statement to the office that the proposed facility is not designed to be sited, constructed or operated in compliance with local laws and regulations and the office determines not to hold an adjudicatory hearing on the application, the department shall hold non-adjudicatory public hearing in the affected municipality or political subdivision.
(d) If public comment on a draft permit condition published by the office pursuant to this subdivision, including comments provided by a municipality or political subdivision or agency thereof, or members of the public raises a substantive and significant issue, as defined in regulations adopted pursuant to this section, that requires adjudication, the office shall promptly fix a date for an adjudicatory hearing to hear arguments and consider evidence with respect thereto.
(e) Following the expiration of the public comment period set forth in this subdivision, or following the conclusion of a hearing undertaken pursuant to this subdivision, the office shall, in the case of a public comment period, issue a written summary of public comment and an assessment of comments received, and in the case of an adjudicatory hearing, the executive officer or any person to whom the executive director has delegated such authority, shall issue a final written hearing report. A final siting permit may only be issued if the office makes a finding that the proposed project, together with any applicable uniform and site-specific standards and conditions would comply with applicable laws and regulations. In making this determination, the office may elect not to apply, in whole or in part, any local law or ordinance which would otherwise be applicable if it makes a finding that, as applied to the proposed major renewable energy facility, it is unreasonably burdensome in view of the CLCPA targets and the environmental benefits of the proposed major renewable energy facility.
(f) Notwithstanding any other deadline made applicable by this section, the office shall make a final decision on a siting permit for any major renewable energy project within one year from the date the application was deemed complete, or within six months from the date the application was deemed complete if the major renewable energy facility is proposed to be sited on an existing or abandoned commercial use, including without limitation, brownfields, landfills, former commercial or industrial sites, dormant electric generating sites, and abandoned or otherwise underutilized sites, as further defined by the regulations promulgated by this section. Unless the office and the applicant have agreed to an extension, with such extension limited to thirty days, and if a final siting permit decision has not been made by the office within such time period, then such siting permit shall be deemed to have been automatically granted for all purposes set forth in this section and all uniform conditions or site specific permit conditions issued for public comment shall constitute enforceable provisions of the siting permit. The final siting permit shall include a provision requiring the permittee to provide a host community benefit, which may be a host community benefit as determined by the public service commission pursuant to section eight of the chapter of the laws of two thousand twenty that added this section or such other project as determined by the office or as subsequently agreed to between the applicant and the host community.
(g) Any party aggrieved by the issuance or denial of a permit under this section may seek judicial review of such decision as provided in this paragraph. (i) A judicial proceeding shall be brought in the appellate division of the supreme court of the state of New York in the judicial department embracing the county wherein the facility is to be located or, if the application is denied, the county wherein the applicant has proposed to locate the facility. Such proceeding shall be initiated by the filing of a petition in such court within ninety days after the issuance of a final decision by the office together with proof of service of a demand on the office to file with said court a copy of a written transcript of the record of the proceeding and a copy of the office's decision and opinion. The office's copy of said transcript, decision and opinion, shall be available at all reasonable times to all parties for examination without cost. Upon receipt of such petition and demand the office shall forthwith deliver to the court a copy of the record and a copy of the office's decision and opinion. Thereupon, the court shall have jurisdiction of the proceeding and shall have the power to grant such relief as it deems just and proper, and to make and enter an order enforcing, modifying and enforcing as so modified, remanding for further specific evidence or findings or setting aside in whole or in part such decision. The appeal shall be heard on the record, without requirement of reproduction, and upon briefs to the court. The findings of fact on which such decision is based shall be conclusive if supported by substantial evidence on the record considered as a whole and matters of judicial notice set forth in the opinion. The jurisdiction of the appellate division of the supreme court shall be exclusive and its judgment and order shall be final, subject to review by the court of appeals in the same manner and form and with the same effect as provided for appeals in a special proceeding. All such proceedings shall be heard and determined by the appellate division of the supreme court and by the court of appeals as expeditiously as possible and with lawful precedence over all other matters.
(ii) The grounds for and scope of review of the court shall be limited to whether the decision and opinion of the office are:
(A) In conformity with the constitution, laws and regulations of the state and the United States;
(B) Supported by substantial evidence in the record and matters of judicial notice properly considered and applied in the opinion;
(C) Within the office's statutory jurisdiction or authority;
(D) Made in accordance with procedures set forth in this section or established by rule or regulation pursuant to this section;
(E) Arbitrary, capricious or an abuse of discretion; or
(F) Made pursuant to a process that afforded meaningful involvement of citizens affected by the facility regardless of age, race, color, national origin and income.
(iii) Except as herein provided article seventy-eight of the civil practice law and rules shall apply to appeals taken hereunder.
6. Powers of municipalities and state agencies and authorities; scope of section. (a) Notwithstanding any other provision of law, including without limitation article eight of the environmental conservation law and article seven of the public service law, no other state agency, department or authority, or any municipality or political subdivision or any agency thereof may, except as expressly authorized under this section or the rules and regulations promulgated under this section, require any approval, consent, permit, certificate, contract, agreement, or other condition for the development, design, construction, operation, or decommissioning of a major renewable energy facility with respect to which an application for a siting permit has been filed, provided in the case of a municipality, political subdivision or an agency thereof, such entity has received notice of the filing of the application therefor. Notwithstanding the foregoing, the department of environmental conservation shall be the permitting agency for permits issued pursuant to federally delegated or federally approved programs.
(b) This section shall not impair or abrogate any federal, state or local labor laws or any otherwise applicable state law for the protection of employees engaged in the construction and operation of a major renewable energy facility.
(c) The department of public service or the public service commission shall monitor, enforce and administer compliance with any terms and conditions set forth in a permit issued pursuant to this section and in doing so may use and rely on authority otherwise available under the public service law.
7. Fees; local agency account. (a) Each application for a siting permit shall be accompanied by a fee in an amount equal to one thousand dollars for each thousand kilowatts of capacity of the proposed major renewable energy facility, to be deposited in an account to be known as the local agency account established for the benefit of local agencies and community intervenors by the New York state energy research and development authority and maintained in a segregated account in the custody of the commissioner of taxation and finance. The office may update the fee periodically solely to account for inflation. The proceeds of such account shall be disbursed by the office, in accordance with eligibility and procedures established by the rules and regulations promulgated by the office pursuant to this section, for the participation of local agencies and community intervenors in public comment periods or hearing procedures established by this section, including the rules and regulations promulgated hereto; provided that fees must be disbursed for municipalities, political subdivisions or an agency thereof, to determine whether a proposed facility is designed to be sited, constructed and operated in compliance with the applicable local laws and regulations.
(b) All funds so held by the New York state energy research and development authority shall be subject to an annual independent audit as part of such authority's audited financial statements, and such authority shall prepare an annual report summarizing account balances and activities for each fiscal year ending March thirty-first and provide such report to the office no later than ninety days after commencement of such fiscal year and post on the authority's website.
(c) With respect to a person who has filed an application for a siting permit pursuant to subdivision four of this section, any amounts held in an intervenor account established pursuant to articles seven and ten of the public service law shall be applied to the intervenor account established by this subdivision.
(d) In addition to the fees established pursuant to paragraph (a) of this subdivision, the office, pursuant to regulations adopted pursuant to this section, may assess a fee for the purpose of recovering costs the office incurs.
8. Farmland protection working group. (a) There is hereby created in the executive department a farmland protection working group consisting of appropriate stakeholders, including but not limited to:
(i) the commissioner of the department of agriculture and markets;
(ii) the commissioner of the department of environmental conservation;
(iii) the executive director of the office;
(iv) the commissioner of the department of public service;
(v) the president of the New York state energy research and development authority;
(vi) local government officials or representatives from municipal organizations representing towns, villages, and counties;
(vii) representatives from at least two county agricultural and farmland protection boards.
(b) The working group shall, no later than one year after the effective date of this subdivision, recommend strategies to encourage and facilitate input from municipalities in the siting process and to develop recommendations that include approaches to recognize the value of viable agricultural land and methods to minimize adverse impacts to any such land resulting from the siting of major renewable energy facilities.
(c) The working group, on call of the commissioner of the department of agriculture and markets, shall meet at least three times each year and at such other times as may be necessary.
* NB Repealed December 31, 2030
§ 95. Legislative manual. The secretary of state, at the expense of the state, may in each odd-numbered year prepare and publish the legislative manual. The manual shall contain the constitution of the United States and of the state of New York, diagrams of the senate and assembly chambers, and such other information of the nature heretofore published therein, as the secretary may consider useful, and shall be printed and bound in substantially the same style as heretofore. As soon as printed, the secretary shall deliver a copy of the manual to each member and officer of the legislature, and to each state officer entitled to the session laws.
§ 96. Fees and refunds. Except as otherwise provided by section ninety-six-a of this chapter, the department of state shall collect the following fees:
1. For searching the records of the department for the availability of a corporate, limited partnership or limited liability company name, five dollars for each name submitted.
2. For searching the records of the department other than as set forth in subdivision one hereof, five dollars for each name in excess of five submitted by or on behalf of an applicant for a search.
3. For a copy of any paper or record not required to be certified or otherwise authenticated, fifty cents per page; except that the fee for a copy of any paper or record not required to be certified or otherwise authenticated which is furnished by the bureau of corporations of the department of state, shall be five dollars, regardless of the number of pages.
4. For a certified or exemplified copy of any law, record or paper, except a photostatic copy furnished by the department of state, one dollar per page; for a certified or exemplified copy of any law, record or paper reproduced by photostat by the department of state, fifty cents per page and in either case five dollars additional for the certificate under the official seal of the department of state, affixed thereto; except that the fee for a certified or exemplified copy of any record or paper which is furnished by the bureau of corporations of the department of state, shall be ten dollars, regardless of the number of pages or regardless of whether such document is reproduced by photostat.
5. For a certificate or authentication under the great seal of the state, ten dollars.
6. For a certificate as to the official character of a commissioner of deeds residing in another state or foreign country, one dollar.
7. For every other certificate under the official seal of the department of state, twenty-five dollars.
8. For registering and recording a notice of a mining claim as required by section eighty-two of the public lands law, fifty dollars.
9. (a) For filing under the general associations law or any corporation law, except the business corporation law and not-for-profit corporation law: a certificate of incorporation, one hundred twenty-five dollars; a certificate or report of voluntary dissolution, including the issuance of duplicate certificates by the secretary of state, and a certified copy of an order or judgment of dissolution, sixty dollars; the statement and designation of a foreign corporation, including the issuance of a certificate of authority, two hundred twenty-five dollars; a certificate of designation or change of address or any certificate of change of mailing address or office of a foreign corporation, other than a moneyed corporation, thirty dollars; any other certificate or instrument, sixty dollars.
(b) For filing under the business corporation law and the not-for-profit corporation law as set forth in those chapters.
10. For service of process on the secretary of state, acting as agent for a third party pursuant to law, except as otherwise specifically provided by law, forty dollars. No fee shall be collected for process served on behalf of a county, city, town or village or other political subdivision of the state. The fees paid the secretary of state shall be a taxable disbursement.
11. (a) For the special handling of requests made to the division of corporations of the department of state for any service for which a fee is collected as prescribed by law, twenty-five dollars. For the purposes of this section the term "special handling" shall mean the completion of the request within twenty-four hours of receipt of the request, except in those cases where the twenty-four hour period shall end on a Saturday, Sunday, holiday or day on which the division of corporations of the department of state is not open for business, in which case the twenty-four hour period shall be extended to the appropriate hour of the next succeeding business day on which such division is open for business.
(b) For the same day expedited handling of requests made to the division of corporations of the department of state for any service for which a fee is collected as prescribed by law, seventy-five dollars. For the purposes of this section the term "same day expedited handling" shall mean the completion of the request on the same day as the day of request.
(c) For the two hour priority handling of requests made to the division of corporations of the department of state for any service for which a fee is collected as prescribed by law, one hundred fifty dollars. For the purposes of this section the term "two hour priority handling" shall mean the completion of the request within two hours on the same day as the day of the request.
(d) For handling of non-expedited requests made to the division of corporations of the department of state for any service for which a fee is collected as prescribed by law, the completion of such request shall be accomplished within seven business days.
12. For the filing, recording or registering of any certificate, notice or other paper required to be filed, recorded or registered, the fee for which is not otherwise prescribed by law, twenty-five dollars.
13. Except as otherwise specifically provided by law, the department of state may refund, within three years from the date of payment and upon audit of the state comptroller, any fee or portion of a fee paid pursuant to any of the statutes which the department is charged by law to administer, in any case in which:
a. the license, permit, or certificate applied for is not issued, or does not take effect, or
b. the filing or certification requested is not made, or
c. the service requested is not rendered, or
d. the payment made is in excess of the amount prescribed by such statute, or
e. the licensee has entered the active armed services of the United States in which event the refund shall be such proportion of the license fee paid as the number of full months remaining unexpired of the license period bears to the total number of months in such period.
14. No fee shall be collected for copies of records furnished to state officers as defined in the public officers law, section two, for use in their official capacity.
15. The department of state shall on or before the tenth day of each month, out of the moneys collected during the preceding month pursuant to subdivision nine of this section, pay over to each county clerk in whose office a certified copy of a corporation certificate or other instrument relating to a domestic or foreign corporation shall have been filed by the department during the preceding month pursuant to law the sum of six dollars for each such copy of a corporation certificate or other instrument for which the department shall have collected a filing fee of thirty dollars or more, and the sum of one dollar for each such copy of a corporation certificate or other instrument for which the department shall have collected a sum of less than thirty dollars, and such payment shall be received by the county clerk in full satisfaction of all fees for filing such copy, any other general or special law to the contrary notwithstanding. All such moneys remaining after such payments to the county clerks shall be paid pursuant to section one hundred twenty-one of the state finance law.
16. Consistent with the provisions of the corporate laws of the state of New York, the department of state shall produce or reproduce the content of any informational systems maintained pursuant to such laws. The secretary of state shall establish the type and amount of the reasonable fees to be collected by the department of state for such informational systems. Such fees shall be subject to approval of the director of the budget and shall be promulgated in the official rules and regulations of the department of state in accordance with the provisions of the state administrative procedure act.
§ 96-a. Fees for services rendered pursuant to the uniform commercial code. 1. In case of conflict between this section and any other provision of law, this section shall control.
2. The secretary of state shall determine the type and amount of all fees to be collected by the department of state and other filing offices for services rendered by said department or office pursuant to the provisions of the uniform commercial code and article ten-A of the lien law. Such fees, referred to as processing fees, shall be non-refundable fees paid to the department of state or office at the time that documents are presented to the department of state or office for filing, and will be paid whether or not the documents are accepted for filing. Such fees shall be subject to the approval of the director of the budget and shall be promulgated in the official rules and regulations of the department of state in accordance with the provisions of the state administrative procedure act. Nothing contained in this subdivision shall preclude the secretary of state from periodically changing such fees, subject to the approval of the director of the budget, and from periodically amending the official rules and regulations of the department of state in accordance with the provisions of the state administrative procedure act.
3. Consistent with the provisions of article nine of the uniform commercial code and article ten-A of the lien law, the department of state and other filing offices shall produce or reproduce the content of any informational systems maintained pursuant to such laws. The secretary of state and other filing offices shall establish reasonable fees for information so produced or reproduced. Notwithstanding any other provisions of law, the availability of such information shall be determined solely by the provisions of the uniform commercial code.
§ 97. Completing unfinished papers. The secretary of state shall have power to complete and sign and certify in his own name, adding to his signature the date of so doing, all records of incorporation papers and other papers left incomplete or unsigned by any of his predecessors, with the same force and effect as though said records had been duly signed by such predecessors.
§ 97-a. Affirmation in lieu of oath. Any application for a license or registration required by law to be filed with the department of state may, in lieu of being acknowledged or sworn under oath, be subscribed by the applicant and affirmed by him or her as true under penalties of perjury.
§ 98. Copies of amendments to rules for admission of attorneys. The secretary of state must cause to be published in the next ensuing volume of the session laws each amendment of the rules established by the court of appeals for the admission of attorneys and counselors, filed with him pursuant to the judiciary law.
§ 99. Central state registry of security guards. 1. The department shall collect information and maintain, on a current basis, a registry of all security guards and applicants for registration cards in the state. Such registry shall include, but not be limited to, with respect to each security guard or applicant as the case may be, his or her name, address, date of birth, whether a registration card has been issued, denied, suspended or revoked or has expired, and the security guard company or companies by whom he or she is or has been employed and such other information as may in the discretion of the secretary be appropriate; provided, however, that in no case shall such registry include criminal history information.
2. Each security guard company as defined in subdivision five of section eighty-nine-f of the general business law which employs security guards shall transmit to the department, no later than the fifteenth day of January in the year next succeeding the year in which the provisions of this section become effective, a list which shall include but not be limited to the name of every security guard employed by such security guard company indicating with respect to each security guard his or her name, address, date of birth and such other information as may in the discretion of the secretary be appropriate; provided, however, that in no case shall such registry include criminal history information. Each such security guard company shall thereafter, submit to the department the name of each security guard employed or who has retired or resigned or whose employment as a security guard is terminated for any reason, no later than the fifteenth calendar day following such employment, retirement, resignation or termination, and, in the instance of newly appointed security guards, shall include all the information required to be furnished in the initial listing required by this subdivision. The information required to be submitted pursuant to this subdivision which is required by law to be kept confidential shall be kept confidential and all other information shall be released only pursuant to this section.
3. The department shall establish rules and regulations to provide for a permanent system of identification for each security guard or applicant as the case may be, which will ensure the security and privacy of information contained in the registry and to ensure that such information is made available only to qualified agencies defined in subdivision nine of section eight hundred thirty-five of this chapter and to security guard companies only for the purposes enumerated in subdivision four of this section.
4. Notwithstanding any other provision of law, security guard companies, as defined in subdivision five of section eighty-nine-f of the general business law, shall, upon such terms and conditions as the department shall by rules and regulations prescribe, have timely access to information contained in the registry, with respect to security guards as defined in subdivision six of section eighty-nine-f of the general business law or applicants as defined in subdivision nine of section eighty-nine-f of the general business law, who as certified by such security guard companies making such inquiries are presently employed by or who have applied for employment by such security guard companies as security guards. Such information shall include but not be limited to employment history and such other information as may in the discretion of the secretary be appropriate and relevant to the employment of a security guard.
5. In the event of failure or refusal to comply with the requirements of subdivision two of this section, the secretary may apply to the supreme court for an order directed to the person responsible requiring compliance. Upon such application the court may issue such order as may be just, and a failure to comply with the order of the court shall be a contempt of court and punishable as such.
6. Whenever an applicant for or holder of a security guard registration card has been charged with a serious offense as defined by subdivision thirteen of section eighty-nine-f of the general business law or of a misdemeanor, the division shall notify the department and the department shall notify the security guard company which employs such applicant or which has filed the application on behalf of such applicant of such serious offense or a misdemeanor as provided for in paragraph a of subdivision three of section eighty-nine-g of this article.
7. In the event that a registration card is not issued within six months following application therefor, or is not reissued within six months following the expiration thereof, unless the registration card has been suspended or revoked, the department shall so notify the division which shall thereupon destroy the set of fingerprints received with the application.
8. The department shall continue to maintain in the registry the information required to be kept pursuant to this article for security guards and applicants for a period of not less than five years following their termination, revocation, resignation, retirement or failure to be hired or renewed at which time the department shall purge from the registry such information.
9. Saving clause. In case it be judicially determined that any of the provisions of this section is unconstitutional or otherwise invalid, such determination shall not affect the validity or effect of the remaining provisions of this section.
§ 100. Central state registry of armored car guards. 1. The secretary of state shall maintain a computerized registry of all individuals who apply for a registration card or have been issued a registration card as an armored car guard pursuant to the provisions of article eight-C of the general business law. An armored car carrier, as that term is defined in subdivision six of section eighty-nine-bbb of the general business law, shall obtain only the name, address and armored car guard registration status of an employee or potential employee listed in such registry.
2. The secretary of state shall maintain all records collected for applicants pursuant to the armored car guard act for a period of five years after the applicant's termination as an armored car guard, retirement, resignation, death, failure to be rehired, or non-renewal of the applicant's registration card. Every armored car carrier shall file with the secretary, on a monthly basis, a report, stating all armored car guards in their employ who have retired, resigned, died, been terminated, have not been rehired, or have otherwise been removed from active duty, in such form and on such media as approved for such purpose by the secretary.
§ 100-a. Information on state agencies pertaining to persons subjected to section seventy-three-a of the public officers law and who hold policy-making positions. 1. As used in this section "agency" means:
(a) any state department, board, bureau, division, council, committee, commission, or office;
(b) any other similar state public organization established pursuant to state statutes, executive order, or other executive action for the exercise of any function of state government and to which members are appointed or elected; and
(c) any public authority or public benefit corporation a majority of whose members are appointed by the governor or serve as members by virtue of holding state offices to which they were appointed by the governor, or any combination thereof.
2. "Agency" does not include:
(a) any informal advisory organization established exclusively by a state agency to advise a commissioner, secretary, or other director of that agency on an informal basis;
(b) the state legislature; and
(c) any local government or subdivision or entity thereof.
3. The secretary of state shall maintain a compilation of persons subjected to section seventy-three-a of the public officers law and who hold policy-making positions at all state agencies, including state agencies established after the effective date of this section. Such compilation shall identify by agency the persons subjected to section seventy-three-a of the public officers law and who hold policy-making positions, the length of time such positions have been held, and a representation of policy-making positions at such agency held by women compared to policy-making positions held by men. The secretary of state shall keep such inventory in a public record available for inspection, and updated annually on the department of state website.
4. Each agency shall annually on or before January first, submit to the secretary of state all information required pursuant to this section in a manner specified by the secretary of state to facilitate the publication requirements of this section.
5. For the purposes of this section, "persons subjected to section seventy-three-a of the public officers law and who hold policy-making decisions" shall include, but not be limited to, a commissioner, a superintendent, an executive director, and other chief executive officers, positions appointed by the governor, as well as the appointments of the aforementioned whose function is essential to the policy-making processes of such agency, and any other position whose function is essential to the policy-making processes of such agency.
§ 101. Accessibility, rules and regulations. 1. The secretary of state, in consultation with any other state agency he or she deems necessary, shall promulgate any rules and regulations necessary to remove the word "handicapped" from any signs or other means of communication where such word appears.
2. The secretary of state, in consultation with any other state agency he or she deems necessary, shall promulgate rules and regulations necessary to require that wherever the current universal symbol of access of a figure in a wheelchair appears, such symbol shall instead depict a logo with a dynamic character leaning forward with a sense of movement. Such logo shall be readily identifiable, simply designed with no secondary meaning, and provide for equivalent facilitation and accessibility as the current universal symbol of access. The provisions of this subdivision shall only apply to any new signs being installed or replaced on and after the effective date of this section.
§ 101-a. Legislative notification of the proposed adoption, amendment, suspension or repeal of agency rules.
1. Definitions. As used in this section,
a. "Agency" means any state board, bureau, commission, department, authority, division, or officer authorized by law to make rules.
b. "Rule" means the whole or part of each agency statement of general applicability or regulation or code that implements or applies law, or prescribes the procedure or practice requirements of any agency, including the amendment, suspension or repeal thereof, except such as relates to the organization or internal management of the agency.
2. Except as provided in subdivision three of this section, at least sixty days prior to either the adoption of any rule, or, if a public hearing is required by statute, at least sixty days prior to the first public hearing on a proposed rule, the agency proposing to take such action shall send in writing or may transmit electronically in accordance with article three of the state technology law, a notification of such proposed action to the temporary president of the senate and the speaker of the assembly. This notification shall: (a) refer to the statutory authority under which the action is proposed, (b) give the time and place of any public hearing that may be scheduled concerning the proposed action, or state the manner in which data, views or arguments may be submitted to the agency concerning the proposed action, (c) contain a copy of the complete text of the proposed rule, and (d) contain a fiscal statement setting forth the fiscal consequences of the proposed action on the state and its local governments.
3. If the agency finds that it is necessary for the preservation of the public health, safety or general welfare to dispense with the requirements of subdivision two of this section, the agency may dispense with such requirements and adopt the rule, as an emergency measure. Within five days of the filing of such emergency measure in the office of the department of state, the agency taking such action shall send or transmit, as the case may be, the temporary president of the senate and the speaker of the assembly a notification containing the information required by subdivision two of this section; provided, however, such notification shall also: (a) include a brief statement setting forth the reasons why the agency finds that it is necessary for the preservation of the public health, safety or general welfare to dispense with the requirements of subdivision two of this section and adopt the rule as an emergency measure, and (b) provide the date the emergency measure will terminate if the agency does not intend to adopt such measure as a permanent rule, or indicate that the agency intends to adopt such measure as a permanent rule, in which case compliance with the notification requirements of this section shall be deemed satisfied. The effectiveness of any such emergency measure, unless adopted as a permanent rule in the manner prescribed by law, shall not exceed ninety days after the filing of such measure in the office of the department of state, provided, however, if such emergency measure is readopted prior to the expiration of such ninety day period such readoption and any subsequent readoptions shall remain in effect for no longer than sixty days.
4. The legislature in the joint rules of the senate and assembly may exempt from the requirements of this section certain rules which have or would have no significant fiscal implications.
5. This section does not relieve any agency from compliance with any statute requiring that its rules be filed with or approved by designated persons or bodies before they become effective.
6. A proceeding to invalidate any rule on the ground of noncompliance with the procedural requirements of this section must be commenced by the temporary president of the senate or the speaker of the assembly within four months from the effective date of the rule. No rule shall be valid unless adopted in substantial compliance with this section; provided, however, that the inadvertent failure to give notice as provided in this section shall not invalidate any rule.
§ 101-b. Application by municipal corporations for the suspension of certain rules.
1. Definitions. As used in this section,
a. "Agency" means any state board, bureau, commission, department, division or officer authorized by law to adopt rules.
b. "Rule" means the whole or part of each agency statement of general applicability or regulation or code that implements or applies law, including the amendment, suspension or repeal thereof.
c. "Municipal corporation" means a county outside the city of New York, a city, a town, a village or a school district.
d. "Governing body" means:
(1) In a county, a board of supervisors, county legislature or other body vested by its charter, other law or other valid enactment with jurisdiction to enact local laws;
(2) In a city, the board of aldermen, a common council, commission or other body vested by its charter or other law with jurisdiction to enact ordinances or local laws;
(3) In a town, the town board;
(4) In a village, the board of trustees; and
(5) In a school district, the board of education, board of trustees or sole trustee.
2. A municipal corporation may, by resolution adopted by its governing body, apply to the agency which has adopted a rule for the mandatory suspension of such rule for the balance of the municipal corporation's current fiscal year, provided the rule was filed in the office of the secretary of state after the commencement of the municipal corporation's current fiscal year.
3. Upon the receipt of such an application, the agency which adopted the rule shall forthwith by order suspend its applicability to the petitioning municipal corporation for the balance of such corporation's current fiscal year, unless the agency determines by order, within thirty days of receipt of such application, that the immediate implementation of the rule is necessary for public health, safety or welfare, or that its postponement would be contrary to express provision of law. A copy of any order issued pursuant to this section shall be sent to the temporary president of the senate, the speaker of the assembly and the administrative regulations review commission.
4. This section shall not relieve a municipal corporation from complying with a rule until such time that the agency which has adopted the rule shall issue an order pursuant to this section suspending its applicability to such corporation.
§ 102. Filing and publication of codes, rules and regulations. 1. a. No code, rule or regulation shall become effective until it is filed with the secretary of state, unless a later date is required by statute or is specified by such code, rule or regulation.
b. Each department, board, bureau, officer, authority, commission or other agency of the state, authorized by statute to adopt codes, rules or regulations shall transmit to the secretary of state a certified copy of every such code, rule and regulation except such as relate solely to the organization or internal management of such department, board, bureau, authority, commission or other agency of the state in force at the time of such transmittal or to become effective thereafter, certified by the head of such department, board, bureau, authority, commission or other agency of the state, or if such head is a board or commission, by the chairman or secretary thereof, together with a citation of the statutory authority pursuant to which each such code, rule or regulation was adopted.
c. Any code, rule or regulation which includes in the text thereof any United States statute, or code, rule or regulation previously published in the code of federal regulations or in the federal register, or any previously published data, criteria, standards, specifications, techniques, illustrations or other information reasonably available to regulated parties, shall have set forth in its text a precise identification of such material, including but not limited to: applicable titles, dates, editions, page numbers, section numbers, and authors, the names and addresses of the publisher from whom a copy may be obtained, and the designated office or offices of the adopting agency at which such material is available for public inspection and copying.
d. No amendment to any material identified pursuant to paragraph c of this subdivision shall be effective unless adopted in compliance with the applicable provisions of law and filed with the secretary of state pursuant to this section.
e. The secretary of state shall promulgate rules establishing procedure, forms, style and font for submission of every such code, rule and regulation required to be submitted by this section.
2. Immediately upon adopting any new code, rule or regulation including any rule as defined in the state administrative procedure act, or any amendment to or repeal thereof, except such as relate solely to the organization or internal management of a department, board, bureau, authority, commission or other agency of the state, the original thereof shall be filed in the office of the department of state. Attached thereto shall be a certificate, in a form prescribed by the secretary of state, citing the statutory authority including particular sections and subdivisions pursuant to which each such change or new code, rule or regulation was adopted, the date of adoption, and the date of publication in the state register of the notice required under the provisions of the state administrative procedure act as well as the date and manner of publication of any additional prior notice required under any other statute. If the action taken shall be exempt from the provisions of the state administrative procedure act and if no other statutory notice requirement shall be applicable the certificate shall so state. Such certificate shall be signed by the head of the department, board, bureau, authority, commission, or other agency of the state, or if such head is a board or commission, by the chairman or secretary thereof, or, in lieu of such signatures, it may be signed by a person designated by such head or chairman aforementioned, provided such designation is made in writing, contains therein the signature of the person designated, and is filed with the department of state. The secretary of state shall reject any rule submitted for filing in the event that either the notice required by subdivision five or six of section two hundred two of the state administrative procedure act, or the attached certificate, reveals that the rule was not adopted in substantial compliance with section two hundred two of such act.
3. It shall be the duty of the secretary of state to prepare a master compilation of all such codes, rules and regulations in such form and order as he may determine. He shall not, however, change the language of any existing code, rule or regulation except a title or explanatory caption; but he shall recommend any such change as he may deem advisable to the department, board, bureau, officer, authority, commission or other agency of the state authorized to adopt such code, rule or regulation. Such master compilation shall include all codes, rules and regulations except such as relate solely to the organization or internal management of a department, board, bureau, authority, commission or other agency of the state, in effect on the first day of January, nineteen hundred forty-five, and which he shall certify as a true copy of the master compilation prepared by him.
4. Publication of all such codes, rules and regulations filed with the secretary of state pursuant to this section shall be provided in the following manner:
a. the secretary of state shall make readily available in his office, for public inspection and copying, the full text of the master compilation;
b. each agency shall make readily available at a designated office or offices of the agency, for public inspection and copying, the full text of all codes, rules and regulations adopted by the agency;
c. at the same time material identified pursuant to paragraph c of subdivision one of this section is filed with the secretary of state, an agency shall transmit a copy of all such material except material that is: (i) a United States statute or a code, rule or regulation published in the Code of Federal Regulations or in the Federal Register; or (ii) readily available without charge on the internet to the legislative library and, within each judicial department of the state, one court law library designated by the chief administrator of the courts; provided that for materials readily available on the internet, the agency shall identify the address at which such materials can be accessed;
d. notwithstanding any provisions of law to the contrary, photocopies of any codes, rules and regulations shall be available to the public upon payment of a fee not to exceed twenty-five cents per page; and
e. the secretary of state shall cause such compilation to be printed; however, he may exclude from such printed compilation any previously published portion of a rule which is precisely identified in the text thereof pursuant to paragraph c of subdivision one of this section.
5. The compilation printed pursuant to paragraph e of subdivision four of this section shall be known as the "official compilation of codes, rules and regulations of the state of New York" and shall presumptively establish the codes, rules and regulations of the state of New York, except such as relate solely to the organization or internal management of a department, board, bureau, authority, commission or other agency of the state, in force and effect on the first day of January, nineteen hundred forty-five. The official supplements to such compilation published as hereinafter provided shall presumptively establish any changes in such codes, rules and regulations and any new codes, rules or regulations except such as relate solely to the organization or internal management of a department, board, bureau, authority, commission or other agency of the state, affected by addition, amendment or repeal, or adopted during the period ending on the thirty-first day of December in any year immediately preceding the publication of such supplement. Nothing in such official compilation or any new edition thereof or official supplement thereto shall be construed as repealing or amending any code, rule or regulation adopted by any department, board, bureau, authority, commission or other agency of the state, and in case of any inconsistency arising through omission or otherwise between the official compilation and such codes, rules and regulations as filed in the office of the secretary of state, the latter shall prevail.
§ 103. Future editions and supplements of official compilations. 1. In any year the secretary of state may, whenever he shall believe that the public interest will be served thereby, cause a new edition of such official compilation or any volume thereof to be published, which compilation shall be published as soon as practicable, and shall set forth the codes, rules and regulations except such as relate solely to the organization or internal management of a department, board, bureau, authority, commission or other agency of the state on file in the office of the department of state on the date as of which such new edition is published.
2. The secretary of state may, whenever he deems it to be necessary, cause to be published an official supplement to the official compilation, showing all new and all changes in existing codes, rules and regulations adopted since the effective date of the codes, rules and regulations embraced in the latest edition of the official compilation or since the end of the period covered by the preceding supplement.
3. Any new edition of such compilation published as heretofore provided, and any supplementation thereof or thereto, shall presumptively establish that the codes, rules and regulations contained therein are on file in the department of state, and are effective, unless otherwise stated, on the date as of which such new edition, or any volume thereof, or a supplementation thereto, is published.
4. Any code, rule or regulation contained in any new edition of the official compilation, or any volume thereof, or any supplementation thereto, shall not be printed in any official supplement published for any period prior to the date as of which such new edition, volume, or supplementation is published.
§ 104. Departmental cooperation. The secretary of state may advise with the several departments, boards, bureaus, officers, authorities, commissions and other agencies of the state which are authorized by statute to issue codes, rules or regulations, to the end that the same may, so far as possible, be uniform in style and form, be properly numbered and captioned and be free from matter which is obsolete.
§ 104-a. Departmental cooperation regarding water quality. The secretary of state shall cooperate with the environmental facilities corporation to establish methods to facilitate loans to eligible borrowers and to develop educational materials for eligible borrowers about the low-interest loans available through the water pollution control linked deposit program, established by article sixteen of the state finance law, and to develop an application form to be provided to lenders for linked deposit loan requests. For residential and small business on-site wastewater treatment systems projects, the department shall require owners of such systems to submit the results of inspections of such systems at the time of an application for financial assistance pursuant to article sixteen of the state finance law. The department may promulgate rules and regulations necessary and reasonable for the operation of the program, including but not limited to standards for the inspection of residential and small business on-site wastewater treatment systems.
§ 105. Changes in codes, rules or regulations. Changes in any code, rule or regulation except such as relates solely to the organization or internal management of a department, board, bureau, authority, commission or other agency of the state shall be made by a department, board, bureau, officer, authority, commission or other agency of the state only by addition, amendment or repeal. Every resolution or order affecting such an addition, amendment or repeal shall refer to the appropriate title and to the appropriate section or paragraph as published in the official compilation or supplement thereto. In the case of a proposed new code, rule or regulation except such as relates solely to the organization or internal management of a department, board, bureau, authority, commission or other agency of the state for which there is no appropriate title, the head of such department, board, bureau, authority, commission or other agency of the state shall confer with the secretary of state and shall, prior to the adoption of any resolution establishing such code, rule or regulation, have his approval in writing of the proposed title, captions and numbers of such code, rule or regulation and any parts, paragraphs or sections thereof.
§ 106. Proof of codes, rules and regulations. Any code, rule or regulation of the state of New York may be read in evidence from the official compilation or supplement thereto. To entitle any copy of a code, rule or regulation published, other than those published in such official compilation or supplement thereto, to be read in evidence there shall be contained in the same book or pamphlet a printed certificate of the secretary of state that such copy is a correct transcript of the text of the code, rule or regulation as published in such official compilation or supplement thereto. For such a certificate the secretary of state shall collect such a fee as he shall deem just and reasonable.
§ 106-a. Internet access to the New York code, rules and regulations. The department of state shall post or maintain a link on its website to an unofficial version of the New York codes, rules, and regulations, which shall be provided at no cost to the end users. All state agencies which have adopted rules and regulations shall maintain a link to the department of state website which contains such link.
§ 107. Intergovernmental agreements. 1. The secretary of state shall compile and keep current a list of all interstate compacts and other intergovernmental agreements between or among states, subdivisions of this state and other states, or between this state or any subdivision thereof and the federal government having the force of law to which this state or any subdivision thereof is party. Such list shall contain the citations to the statutes or other official documents of this state containing the text of any such compact or agreement together with a listing of all other jurisdictions party to the compact or agreement, the date on which each such jurisdiction entered into participation in such compact or agreement with this state or subdivision thereof; the status of each such compact or agreement in respect of withdrawals therefrom and the citations to any act or resolution of the congress of the United States, if any, consenting to such compact or agreement. The list required to be kept pursuant to this subdivision also shall include compacts and agreements adopted by this state or any subdivision thereof but not in effect by reason of the absence of such other parties thereto as may be necessary to make the compact or agreement effective and binding.
2. In any case where the statutes of this state do not contain the full text of a compact or agreement to which subdivision one of this section applies, the secretary of state shall receive a true copy of the compact or agreement and keep the same on file.
3. Any amendment, supplementary agreement or administrative rule or regulation having the force of law implementing, adding to or modifying any such compact or agreement to which this state or a subdivision thereof is party shall be listed or filed in the same manner as the compact or agreement itself.
4. The secretary of state shall make the list maintained by him pursuant to this act and any information contained therein available to any person upon request, but shall not be required to furnish copies of any compact or agreement, unless so required by a provision of law or administrative rule other than this section.
5. The listing and filing requirements of this section shall be in addition to and not in substitution for any requirements for listing or filing, publication or distribution contained in particular compacts or agreements to which this state is or may be a party.
6. Upon receipt by the governor of a formal notice from another state of such state's withdrawal from an interstate compact to which New York is party, the governor shall transmit such notice or a copy thereof to the secretary of state. Any agency or subdivision of this state administering, participating in or entering into any compact or agreement shall furnish the secretary of state with all information necessary to permit such secretary to perform his duties and responsibilities pursuant to this section.
§ 108. Address confidentiality program. There is created in the office of the secretary of state a program to be known as the "address confidentiality program" to protect victims of domestic violence, victims of human trafficking, victims of kidnapping, victims of a sexual offense, victims of stalking, and reproductive health care services providers, employees, volunteers, patients, or immediate family members of reproductive health care services providers by authorizing the use of designated addresses for such victims and their minor children. The program shall be administered by the secretary of state.
1. Definitions. For the purposes of this section the following words shall, unless the context requires otherwise, have the following meanings:
(a) "Victim of domestic violence" shall have the same meaning as is ascribed to such term by section four hundred fifty-nine-a of the social services law.
(b) "Actual address" means the residential street address, school address or work address of an individual, as specified on his or her application to be a program participant under this section.
(c) "Program participant" means a person certified as a program participant under this section.
(d) "Mail" means first class letters delivered via the United States Postal Service, including priority, express and certified mail, and excluding packages, parcels, periodicals and catalogues, unless they are clearly identifiable as pharmaceuticals or clearly indicate that they are sent by a government agency.
(e) "Substitute address" means the secretary's designated address for the address confidentiality program.
(f) "Secretary" means the secretary of state.
(g) "Public record" means any information kept, held, filed, produced or reproduced by, with or for an agency, in any physical form whatsoever including, but not limited to, reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or discs, rules, regulations or codes.
(h) "Process" means judicial process and all orders, demands, notices or other papers required or permitted by law to be served on a program participant.
(i) "Victim of a sexual offense" means a victim of any act constituting an offense as defined under article one hundred thirty, and/or sections 255.25, 255.26, and 255.27 of the penal law, including threats or attempts to commit such offenses.
(j) "Victim of stalking" means a victim of any act constituting an offense as defined under sections 120.45, 120.50, 120.55 and 120.60 of the penal law.
(k) "Victim of human trafficking" means a victim of any act constituting an offense as defined under section 135.35, 135.37, 230.34, or 230.34-a of the penal law.
* (l) "Reproductive health care services provider, employee, volunteer, or patient" means a person who obtains, provides, or assists, at the request of another person, in obtaining or providing reproductive health care services, or a person who owns or operates a reproductive health care services facility.
* NB There are 2 par (l)'s
* (l) "Victim of kidnapping" means a victim of any act constituting an offense as defined under sections 135.20 and 135.25 of the penal law.
* NB There are 2 par (l)'s
(m) "Reproductive health care services facility" includes a hospital, an office operated by a licensed physician and surgeon, a licensed clinic, or other licensed health care facility that provides reproductive health care services and includes only the building or structure in which the reproductive health care services are actually provided.
(n) "Immediate family member" shall have the same meaning as defined in subdivision eight of section two hundred thirty-eight of the public health law.
2. Address confidentiality program; application; certification. (a) An adult person, a parent or legal guardian acting on behalf of a minor, or a legal guardian acting on behalf of an incapacitated person, may apply to the secretary to have an address designated by the secretary to serve as the person's address or address of the minor or incapacitated person in lieu of the person's actual address. The secretary shall approve an application if it is filed in the manner and on the form prescribed by the secretary, and if it includes:
(i) a signed written statement affirmed by the applicant that:
(A) the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, victim of human trafficking, victim of kidnapping, victim of a sexual offense, victim of stalking, or a reproductive health care services provider, employee, volunteer, patient, or an immediate family member of a reproductive health care services provider;
(B) the applicant, or the minor or incapacitated person on whose behalf the application is made, has left his or her residence because of such violence or acts, provided, however, this clause shall not apply if the applicant is a reproductive health care services provider, employee, volunteer, patient, or an immediate family member of a reproductive health care services provider;
(C) the applicant fears for his or her safety or his or her children's safety, or the safety of the minor or incapacitated person on whose behalf the application is made, or, in the case of a reproductive health care services provider, employee, volunteer, or patient, the applicant fears for his or her safety or the safety of an immediate family member; and
(D) the parent or legal guardian applying on behalf of a minor or incapacitated person has legal authority to act on the person's behalf;
(ii) a designation of the secretary as agent for purposes of service of process and for the purpose of receipt of mail;
(iii) the mailing address where the applicant can be contacted by the secretary and the telephone number or numbers where the applicant can be called by the secretary;
(iv) the actual address or addresses that the applicant requests not be disclosed because of the increased risk of domestic violence, a sexual offense, stalking, physical injury or in the case of reproductive health care services provider, employee, volunteer, patient, or an immediate family member of a reproductive health care services provider, other threats of violence; and
(v) the name of any person who resides with the applicant who also needs to be a program participant in order to ensure the safety of the applicant and, if the person named in the application is eighteen years of age or older, the consent of such person to be a program participant and designation by such person of the secretary as agent for purposes of service of process and for the purpose of receipt of mail; and
(vi) the signature of the applicant and the name and signature of any individual or representative of any office designated by the secretary under subdivision three of this section who assisted in the preparation of the application, and the date on which the applicant signed the application.
(b) The secretary shall establish, distribute and make available a form for the purpose of making applications pursuant to this section.
(c) Applications shall be filed with the office of the secretary.
(d) Upon receipt of a properly completed application, the secretary shall certify the applicant as a program participant and shall serve as the participant's agent for service of process and receipt of mail for the duration of the term of certification.
(e) Participants shall be certified for four years following the date of filing, unless the certification is withdrawn or cancelled before that date. The secretary shall promulgate rules and regulations for renewal of applications pursuant to this section.
3. Designation of agencies to assist applicants. The secretary shall designate state, local or nonprofit agencies that provide counseling, referral, shelter or other specialized services to victims of domestic violence, victims of human trafficking, victims of kidnapping, victims of a sexual offense, victims of stalking, and reproductive health care services providers, employees, volunteers, patients, or immediate family members of reproductive health care services providers to assist persons applying to be program participants. Such persons providing assistance shall be trained by the secretary. Any assistance and counseling rendered by an officer of the secretary or his or her designees to applicants shall in no way be construed as legal advice.
4. Use and acceptance of substitute address; mail forwarding. (a) A program participant may request that state and local agencies use the substitute address. When creating, modifying or maintaining a public record, state and local agencies shall accept the substitute address upon demonstration by a program participant of his or her certification in the program, unless the secretary waives this requirement after determining that:
(i) the agency has a bona fide statutory or administrative requirement for the use of the participant's actual address which would otherwise be confidential under this section; and
(ii) the agency has explained how its acceptance of the substitute address will prevent the agency from meeting its obligations under the law and why it cannot meet its statutory or administrative obligation by a change in its internal procedures.
(b) Any agency receiving a waiver shall maintain the confidentiality of the program participant's address by redacting the actual address when the record is released to any person and shall not make the program participant's actual address available for inspection or copying, except under the following circumstances:
(i) there is a bona fide statutory or administrative requirement for the communication of an actual address to another agency that has received a waiver from the secretary, provided that each waiver specifically authorizes such communication with the specified agency; or
(ii) if directed by a court order to a person identified in the order.
(c) Upon receipt by the secretary of a process or mail for a participant, the office of the secretary shall immediately forward all such process or mail to the appropriate program participants at the address specified by the participant for that purpose, and shall record the date of such forwarding. Service of process on a program participant, a program participant's minor child, incapacitated person or other adult member of the program participant's household shall be complete when the secretary receives such process by mail or otherwise.
(d) A program participant may use the substitute address as his or her work address.
(e) The secretary or any member of the department of state who reasonably and in good faith handles any process or mail on behalf of a participant in accordance with this section shall be immune from any civil liability which might otherwise result by reason of such actions.
5. Cancellation of certification. (a) The secretary may cancel a program participant's certification if, after the passage of fourteen days:
(i) from the date of changing his or her name, the program participant does not notify the secretary that he or she has obtained a name change; however, the program participant may reapply under his or her new name;
(ii) from the date of changing his or her actual address, the program participant fails to notify the secretary of the change of such address; or
(iii) from the date the secretary first receives mail, forwarded to the program participant's address, returned as non-deliverable.
(b) The secretary shall cancel certification of a program participant who applies using false information.
(c) The secretary shall cancel certification of a program participant if the participant's certification term has expired and certification renewal has not been completed.
(d) The secretary shall send notice of cancellation to the program participant. Notice of cancellation shall set out the reasons for cancellation. The program participant shall have thirty days to appeal the cancellation decision under procedures developed by the secretary.
(e) Program participants may withdraw from the program by giving the secretary written notice of their withdrawal and his or her current identification card. The secretary shall establish, by rule, a secure procedure for ensuring that the request for withdrawal is legitimate.
(f) Any records or documents pertaining to a program participant shall not be a public record and shall be retained and held confidential for a period of three years after termination of certification and then destroyed.
6. Disclosure of participant information prohibited; exceptions. (a) The secretary shall not make a program participant's information, other than the substitute address, available for inspection or copying, except under any of the following circumstances:
(i) if requested by a law enforcement agency for a legitimate law enforcement purpose as determined by the law enforcement agency; or
(ii) to a person identified in a court order, upon the secretary's receipt of that court order which specifically orders the disclosure of a particular program participant's address and the reasons stated therefor.
(b) The secretary may verify the participation of a specific program participant, in which case the secretary may only confirm information supplied by the requester.
7. Rules and regulations. The secretary shall promulgate rules and regulations necessary to implement the provisions of this section.
8. Report to the legislature. The secretary shall submit to the legislature, no later than February first of each year, a report that includes for each county, the total number of applications received, the total number of persons participating in the program established by this section during the previous calendar year and the total number of pieces of mail forwarded to program participants during the previous calendar year.
§ 109. Registration of certain service providers. 1. For purposes of this section:
(a) "Client" shall mean a person or entity who in the preceding calendar year retained or hired the political consultant relating to matters before any state or local government agency, authority or official, including services, advice or consultation relating to any state or local government contract for real property, goods or services, an appearance in a ratemaking proceeding, an appearance in a regulatory matter, or an appearance in a legislative matter other than matters described in subparagraph (E) of the second undesignated paragraph of subdivision (c) of section one-c of the legislative law.
(b) "Political consulting services" shall mean services provided by a political consultant to or on behalf of an elected public official in New York state or to or on behalf of a candidate for elected office in New York state, or to or on behalf of a person nominated for elected public office which services: (1) assist or are intended to assist in a campaign for nomination for election or election to office in New York state, including fundraising activities, voter outreach, composition and distribution of promotional literature, advertisements, or other similar communications, as set forth in section 14-106 of the election law, or (2) consist of political advice to an elected public official or candidate for elected public office in New York state or person nominated for elected public office; provided, however, that political consulting services shall not include bona fide legal work directly related to litigation or legal advice with regard to securing a place on the ballot, the petitioning process, the conduct of an election, or which involves the election law.
(c) "Political consultant" shall mean a person who holds himself or herself out to persons in this state as a person who performs political consulting services in a professional capacity and who is usually compensated, excluding reimbursement for expenses, for such services.
2. The secretary of state shall promulgate rules and regulations prescribing a registration form to be used by any political consultant who provides political consulting services to a sitting elected public official, candidate for elected public office or person nominated for elected public office and who has also been retained by a client for such services.
3. Such registration form shall identify:
(a) the name, address, and telephone number of the political consultant;
(b) the name, address, and telephone number of each sitting elected public official, candidate for elected public office, and person nominated for elected public office who the political consultant provided political consulting services to;
(c) the name, address, and telephone number of each client who retains or hires a political consultant in the preceding calendar year provided, that in the event the client is an entity, at least one natural person who has a controlling interest in such entity shall be identified; and
(d) a brief description of the nature of the political consulting services provided to each identified client.
4. Such registration shall be filed with the department of state and shall cover a six month reporting period. The reporting period shall mean the six month period within a calendar year starting January first and ending June thirtieth or the six month period within a calendar year starting July first and ending December thirty-first.
5. The secretary of state shall post the completed forms on the department of state's website within thirty days of the close of each reporting period.
6. The department of state may impose a civil penalty of up to seven hundred fifty dollars upon any political consultant who fails to file a registration required by this section provided, however, that the secretary shall provide such political consultant a reasonable opportunity to cure such a failure.
7. The department of state shall adopt, amend and rescind rules and regulations defining the degree and extent of political consulting services necessary to require the reporting pursuant to this section.
§ 130. Appointment of notaries public. 1. The secretary of state may appoint and commission as many notaries public for the state of New York as in his or her judgment may be deemed best, whose jurisdiction shall be co-extensive with the boundaries of the state. The appointment of a notary public shall be for a term of four years. An application for an appointment as notary public shall be in form and set forth such matters as the secretary of state shall prescribe. Every person appointed as notary public must, at the time of his or her appointment, be a resident of the state of New York or have an office or place of business in New York state. A notary public who is a resident of the state and who moves out of the state but still maintains a place of business or an office in New York state does not vacate his or her office as a notary public. A notary public who is a nonresident and who ceases to have an office or place of business in this state, vacates his or her office as a notary public. A notary public who is a resident of New York state and moves out of the state and who does not retain an office or place of business in this state shall vacate his or her office as a notary public. A non-resident who accepts the office of notary public in this state thereby appoints the secretary of state as the person upon whom process can be served on his or her behalf. Before issuing to any applicant a commission as notary public, unless he or she be an attorney and counsellor at law duly admitted to practice in this state or a court clerk of the unified court system who has been appointed to such position after taking a civil service promotional examination in the court clerk series of titles, the secretary of state shall satisfy himself or herself that the applicant is of good moral character, has the equivalent of a common school education and is familiar with the duties and responsibilities of a notary public; provided, however, that where a notary public applies, before the expiration of his or her term, for reappointment with the county clerk or where a person whose term as notary public shall have expired applies within six months thereafter for reappointment as a notary public with the county clerk, such qualifying requirements may be waived by the secretary of state, and further, where an application for reappointment is filed with the county clerk after the expiration of the aforementioned renewal period by a person who failed or was unable to re-apply by reason of his or her induction or enlistment in the armed forces of the United States, such qualifying requirements may also be waived by the secretary of state, provided such application for reappointment is made within a period of one year after the military discharge of the applicant under conditions other than dishonorable, or if the applicant has a qualifying condition, as defined in section one of the veterans' services law, within a period of one year after the applicant has received a discharge other than bad conduct or dishonorable from such service, or if the applicant is a discharged LGBT veteran, as defined in section one of the veterans' services law, within a period of one year after the applicant has received a discharge other than bad conduct or dishonorable from such service. In any case, the appointment or reappointment of any applicant is in the discretion of the secretary of state. The secretary of state may suspend or remove from office, for misconduct, any notary public appointed by him or her but no such removal shall be made unless the person who is sought to be removed shall have been served with a copy of the charges against him or her and have an opportunity of being heard. No person shall be appointed as a notary public under this article who has been convicted, in this state or any other state or territory, of a crime, unless the secretary makes a finding in conformance with all applicable statutory requirements, including those contained in article twenty-three-A of the correction law, that such convictions do not constitute a bar to appointment.
2. A person regularly admitted to practice as an attorney and counsellor in the courts of record of this state, whose office for the practice of law is within the state, may be appointed a notary public and retain his office as such notary public although he resides in or removes to an adjoining state. For the purpose of this and the following sections of this article such person shall be deemed a resident of the county where he maintains such office.
§ 131. Procedure of appointment; fees and commissions; fee payment methods. 1. New appointment. (a) Applicants for a notary public commission shall submit to the secretary of state with their application, the oath of office, duly executed before any person authorized to administer an oath, together with their signature.
(b) Upon being satisfied of the competency and good character of applicants for appointment as notaries public, the secretary of state shall issue a commission to such persons; and the official signature of the applicants and the oath of office filed with such applications shall take effect.
(c) The secretary of state shall receive a non-refundable application fee of sixty dollars from applicants for appointment, which fee shall be submitted together with the application. No further fee shall be paid for the issuance of the commission.
(d) A notary public identification card indicating the appointee's name, address, county and commission term shall be transmitted to the appointee.
(e) The commission, duly dated, and a certified copy or the original of the oath of office and the official signature, and twenty dollars apportioned from the application fee shall be transmitted by the secretary of state to the county clerk of the county in which the appointee resides by the tenth day of the following month. Transmission may be accomplished by electronic means that results in a submission of such records and fees by the secretary of state to the county clerk. For purposes of this section, "electronic" shall have the same meaning as set forth in section three hundred two of the state technology law.
(f) The county clerk shall make a proper index of commissions and official signatures transmitted to that office by the secretary of state pursuant to the provisions of this section.
2. Reappointment. (a) Applicants for reappointment of a notary public commission shall submit to the secretary of state with their application the oath of office, duly executed before any person authorized to administer an oath, together with their signature.
(b) Upon being satisfied of the completeness of the application for reappointment, the secretary of state shall issue a commission to such persons; and the official signature of the applicants and the oath of office filed with such applications shall take effect.
(c) The secretary of state shall receive a non-refundable application fee of sixty dollars from each applicant for reappointment, which fee shall be submitted together with the application. No further fee shall be paid for the issuance of the commission.
(d) The commission, duly dated, and a certified or original copy of the oath of office and the official signature, and twenty dollars apportioned from the application fee plus interest as may be required by statute shall be transmitted by the secretary of state to the county clerk of the county in which the appointee resides by the tenth day of the following month. Transmission may be accomplished by electronic means that results in a submission of such records and fees by the secretary of state to the county clerk.
(e) The county clerk shall make a proper record of commissions transmitted to that office by the secretary of state pursuant to the provisions of this section.
3. Electronic notarization. (a) After registration of the capability to perform electronic notarial acts pursuant to section one hundred thirty-five-c of this article, the secretary of state shall transmit to the county clerk the exemplar of the notary public's electronic signature and any change in commission number or expiration date of the notary public's commission. Transmission may be accomplished by electronic means.
(b) Registration of the capability to perform electronic notarizations shall be treated as a new appointment by the secretary of state.
4. Fees. (a) Except for changes made in an application for reappointment, the secretary of state shall receive a non-refundable fee of ten dollars for changing the name or address of a notary public.
(b) The secretary of state may issue a duplicate identification card to a notary public for one lost, destroyed or damaged upon application therefor on a form prescribed by the secretary of state and upon payment of a non-refundable fee of ten dollars. Each such duplicate identification card shall have the word "duplicate" stamped across the face thereof, and shall bear the same number as the one it replaces.
(c) The secretary of state shall accept payment for any fee relating to appointment or reappointment as a notary in the form of cash, money order, certified check, company check, bank check or personal check. The secretary of state may provide for accepting payment of any such fee due by credit or debit card, which may include payment through the internet.
§ 132. Certificates of official character of notaries public. The secretary of state or the county clerk of the county in which the commission of a notary public is filed may certify to the official character of such notary public and any notary public may file their autograph signature and a certificate of official character in the office of any county clerk of any county in the state and in any register's office in any county having a register and thereafter such county clerk may certify as to the official character of such notary public. The secretary of state shall collect for each certificate of official character issued the sum of one dollar. The county clerk and register of any county with whom a certificate of official character has been filed shall collect for filing the same the sum of ten dollars. For each certificate of official character issued, with seal attached, by any county clerk, the sum of five dollars shall be collected.
§ 133. Certification of notarial signatures. The county clerk of a county in whose office any notary public has qualified or has filed their autograph signature and a certificate of official character, shall, when so requested and upon payment of a fee of three dollars, affix to any certificate of proof or acknowledgment or oath signed by such notary anywhere in the state of New York, a certificate under their hand and seal, stating that a commission or a certificate of official character of such notary with their autograph signature has been filed in the county clerk's office, and that the county clerk was at the time of taking such proof or acknowledgment or oath duly authorized to take the same; that the county clerk is well acquainted with the handwriting of such notary public or has compared the signature on the certificate of proof or acknowledgment or oath with the autograph signature deposited in their office by such notary public and believes that the signature is genuine. An instrument with such certificate of authentication of the county clerk affixed thereto shall be entitled to be read in evidence or to be recorded in any of the counties of this state in respect to which a certificate of a county clerk may be necessary for either purpose. In addition to the foregoing powers, a county clerk of a county in whose office a notary public has qualified may certify the signature of an electronic notary public, registered with the secretary of state pursuant to section one hundred thirty-five-c of this article, provided such county clerk has received from the secretary of state, an exemplar of the notary public's registered electronic signature.
§ 134. Signature and seal of county clerk. The signature and seal of a county clerk, upon a certificate of official character of a notary public or the signature of a county clerk upon a certificate of authentication of the signature and acts of a notary public or commissioner of deeds, may be a facsimile, printed, stamped, photographed or engraved thereon.
§ 135. Powers and duties; in general; of notaries public who are attorneys at law. Every notary public duly qualified is hereby authorized and empowered within and throughout the state to administer oaths and affirmations, to take affidavits and depositions, to receive and certify acknowledgments or proof of deeds, mortgages and powers of attorney and other instruments in writing; to demand acceptance or payment of foreign and inland bills of exchange, promissory notes and obligations in writing, and to protest the same for non-acceptance or non-payment, as the case may require, and, for use in another jurisdiction, to exercise such other powers and duties as by the laws of nations and according to commercial usage, or by the laws of any other government or country may be exercised and performed by notaries public, provided that when exercising such powers he shall set forth the name of such other jurisdiction.
A notary public who is an attorney at law regularly admitted to practice in this state may, in his discretion, administer an oath or affirmation to or take the affidavit or acknowledgment of his client in respect of any matter, claim, action or proceeding.
For any misconduct by a notary public in the performance of any of his powers such notary public shall be liable to the parties injured for all damages sustained by them. A notary public shall not, directly or indirectly, demand or receive for the protest for the non-payment of any note, or for the non-acceptance or non-payment of any bill of exchange, check or draft and giving the requisite notices and certificates of such protest, including his notarial seal, if affixed thereto, any greater fee or reward than seventy-five cents for such protest, and ten cents for each notice, not exceeding five, on any bill or note. Every notary public having a seal shall, except as otherwise provided, and when requested, affix his seal to such protest free of expense.
§ 135-a. Notary public or commissioner of deeds; acting without appointment; fraud in office. 1. Any person who holds himself out to the public as being entitled to act as a notary public or commissioner of deeds, or who assumes, uses or advertises the title of notary public or commissioner of deeds, or equivalent terms in any language, in such a manner as to convey the impression that he is a notary public or commissioner of deeds without having first been appointed as notary public or commissioner of deeds, or
2. A notary public or commissioner of deeds, who in the exercise of the powers, or in the performance of the duties of such office shall practice any fraud or deceit, the punishment for which is not otherwise provided for by this act, shall be guilty of a misdemeanor.
§ 135-b. Advertising by notaries public. 1. The provisions of this section shall not apply to attorneys-at-law, admitted to practice in the state of New York.
2. A notary public who advertises his or her services as a notary public in a language other than English shall post with such advertisement a notice in such other language the following statement: "I am not an attorney licensed to practice law and may not give legal advice about immigration or any other legal matter or accept fees for legal advice."
3. A notary public shall not use terms in a foreign language in any advertisement for his or her services as a notary public that mean or imply that the notary public is an attorney licensed to practice in the state of New York or in any jurisdiction of the United States. The secretary shall designate by rule or regulation the terms in a foreign language that shall be deemed to mean or imply that a notary public is licensed to practice law in the state of New York and the use of which shall be prohibited by notary publics who are subject to this section.
4. For purposes of this section, "advertisement" shall mean and include material designed to give notice of or to promote or describe the services offered by a notary public for profit and shall include business cards, brochures, and notices, whether in print or electronic form.
5. Any person who violates any provision of this section or any rule or regulation promulgated by the secretary may be liable for civil penalty of up to one thousand dollars. The secretary of state may suspend a notary public upon a second violation of any of the provisions of this section and may remove from office a notary public upon a third violation of any of the provisions of this section, provided that the notary public shall have been served with a copy of the charges against him or her and been given an opportunity to be heard. The civil penalty provided for by this subdivision shall be recoverable in an action instituted by the attorney general on his or her own initiative or at the request of the secretary.
6. The secretary may promulgate rules and regulations governing the provisions of this section, including the size and type of statements that a notary public is required by this section to post.
§ 135-c. Electronic notarization. 1. Definitions. (a) "Communication technology" means an electronic device or process that: (i) allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and (ii) when necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment.
(b) "Electronic" shall have the same meaning as set forth in subdivision one of section three hundred two of the state technology law.
(c) "Electronic record" means information that is created, generated, sent, communicated, received or stored by electronic means.
(d) "Electronic notarial act" means an official act by a notary public, physically present in the state of New York, on or involving an electronic record and using means authorized by the secretary of state.
(e) "Electronic notary public" or "electronic notary" means a notary public who has registered with the secretary of state the capability of performing electronic notarial acts.
(f) "Electronic signature" shall have the same meaning as set forth in subdivision three of section three hundred two of the state technology law.
(g) "Principal" means an individual:
(i) whose signature is reflected on a record that is notarized;
(ii) who has taken an oath or affirmation administered by a notary public; or
(iii) whose signature is reflected on a record that is notarized after the individual has taken an oath or affirmation administered by a notary public.
(h) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
2. Any notary public qualified under this article is hereby authorized to perform an electronic notarial act by utilizing audio-video communication technology that allows the notary public to interact with a principal, provided that all conditions of this section are met.
(a) The methods for identifying document signers for an electronic notarization shall be the same as the methods required for a paper-based notarization; provided, however, an electronic notarial act conducted utilizing communication technology shall meet the standards which have been approved through regulation by the secretary of state as acceptable. Such regulations shall include, but not be limited to:
(i) that the signal transmission shall be secure from interception through lawful means by anyone other than the persons communicating;
(ii) that the communication technology shall permit the notary public to communicate with the principal live, in real time;
(iii) that the communication technology shall permit the notary to communicate with and identify the remotely located individual at the time of the notarial act; and
(iv) a standard that requires two or more different processes for authenticating the identity of a remotely located individual utilizing technology to detect and deter fraud, but which may allow a notary public's personal knowledge of a document signer to satisfy such requirement.
(b) If video and audio conference technology has been used to ascertain a document signer's identity, the electronic notary shall keep a copy of the recording of the video and audio conference and a notation of the type of any other identification used. The recording shall be maintained for a period of at least ten years from the date of transaction.
3. Registration requirements. (a) Before performing any electronic notarial act or acts, a notary public shall register the capability to notarize electronically with the secretary of state on a form prescribed by the secretary of state and upon payment of a fee which shall be set by regulation.
(b) In registering the capability to perform electronic notarial acts, the notary public shall provide the following information to the secretary of state, notary processing unit:
(i) the applicant's name as currently commissioned and complete mailing address;
(ii) the expiration date of the notary public's commission and signature of the commissioned notary public;
(iii) the applicant's e-mail address;
(iv) the description of the electronic technology or technologies to be used in attaching the notary public's electronic signature to the electronic record; and
(v) an exemplar of the notary public's electronic signature, which shall contain the notary public's name and any necessary instructions or techniques that allow the notary public's electronic signature to be read.
4. Types of electronic notarial acts. (a) Any notarial act authorized by section one hundred thirty-five of this article may be performed electronically as prescribed by this section if: (i) for execution of any instrument in writing, under applicable law that document may be signed with an electronic signature and the notary public is reasonably able to confirm that such instrument is the same instrument in which the principal made a statement or on which the principal executed a signature; and (ii) the electronic notary public is located within the state of New York at the time of the performance of an electronic notarial act using communication technology, regardless of the location of the document signer. If the principal is outside the United States, the record or subject of the notarial act:
(1) is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or
(2) shall involve property located in the territorial jurisdiction of the United States or shall involve a transaction substantially connected with the United States.
(b) An electronic notarial act performed using communication technology pursuant to this section satisfies any requirement of law of this state that a document signer personally appear before, be in the presence of, or be in a single time and place with a notary public at the time of the performance of the notarial act.
5. Form and manner of performing the electronic notarial act. (a) When performing an electronic notarial act relating to execution of instruments in writing, a notary public shall apply an electronic signature, which shall be attached to the electronic record such that removal or alteration of such electronic signature is detectable and will render evidence of alteration of the document containing the notary signature which may invalidate the electronic notarial act.
(b) The notary public's electronic signature is deemed to be reliable if the standards which have been approved through regulation by the secretary of state have been met. Such regulations shall include, but not be limited to, the requirements that such electronic signature be:
(i) unique to the notary public;
(ii) capable of independent verification;
(iii) retained under the notary public's sole control;
(iv) attached to the electronic record; and
(v) linked to the data in such a manner that any subsequent alterations to the underlying document are detectable and may invalidate the electronic notarial act.
(c) The notary public's electronic signature shall be used only for the purpose of performing electronic notarial acts.
(d) The remote online notarial certificate for an electronic notarial act shall state that the person making the acknowledgement or making the oath appeared through use of communication technology.
(e) The secretary shall adopt rules necessary to establish standards, procedures, practices, forms, and records relating to a notary public's electronic signature. The notary public's electronic signature shall conform to any standards adopted by the secretary.
6. Recording of an electronic record. (a) If otherwise required by law as a condition for recording that a document be an original document, printed on paper or another tangible medium, or be in writing, the requirement is satisfied by paper copy of an electronic record that complies with the requirements of this section.
(b) If otherwise required by law as a condition for recording, that a document be signed, the requirement may be satisfied by an electronic signature.
(c) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature if the notary has attached an electronic notarial certificate that meets the requirements of this section.
(d) (i) A notary public may certify that a tangible copy of the signature page and document type of an electronic record notarized by such notary public is an accurate copy of such electronic record. Such certification must (1) be dated and signed by the notary public in the same manner as the official signature of the notary public provided to the secretary of state pursuant to section one hundred thirty-one of this article, and (2) comply with section one hundred thirty-seven of this article.
(ii) A county clerk, city registrar, or other recording officer where applicable shall accept for recording a tangible copy of an electronic record and that is otherwise eligible to be recorded under the laws of this state if the record has been certified by a notary public or other individual authorized to perform a notarial act.
(iii) A certification in substantially the following form is sufficient for the purposes of this subdivision:
CERTIFICATE OF AUTHENTICITY State of New York )
) ss.: County of ...............) On this ...... day of ...... in the year ....., I certify that the signature page of the attached record (entitled ......) (dated ......) is a true and correct copy of the signatures affixed to an electronic record printed by me or under my supervision. I further certify that, at the time of printing, no security features present on the electronic record indicated any changes or errors in an electronic signature in the electronic record after its creation or execution.
(Signature and title of notary public)
(official stamp or registration number, with the expiration date of the notary public's commission)
7. Change of e-mail address. Within five days after the change of an electronic notary public's e-mail address, the notary public shall electronically transmit to the secretary of state a notice of the change, signed with the notary public's official electronic signature.
8. No notary public or business employing the services of a notary public operating in the state of New York shall exclusively require notarial transactions to utilize electronic notarization.
9. Nothing in this section shall be construed as requiring any notary public to perform a notarial act using electronic communication technology. A notary public may refuse to perform such a notarial act if the notary public is not satisfied that (a) the principal is competent or has the capacity to execute a record, or (b) the principal's signature is knowingly and voluntarily made.
10. Notwithstanding article nine of the real property law or any other law to the contrary, any act performed in conformity with this section shall satisfy any requirements at law that a principal personally appear before, be in the presence of, or be in a single time and place with a notary public at the time of the performance of the notarial act, unless a law expressly excludes the authorization provided for in this section.
§ 136. Notarial fees. A notary public shall be entitled to the following fees:
1. For administering an oath or affirmation, and certifying the same when required, except where another fee is specifically prescribed by statute, two dollars.
2. For taking and certifying the acknowledgment or proof of execution of a written instrument, by one person, two dollars, and by each additional person, two dollars, for swearing each witness thereto, two dollars.
3. For electronic notarial services, established in section one hundred thirty-five-c of this chapter, a fee set through regulation by the secretary of state.
§ 137. Statement as to authority of notaries public. In exercising powers pursuant to this article, a notary public, in addition to the venue of the act and signature of such notary public, shall print, typewrite, stamp, or affix by electronic means where performing an electronic notarial act in conformity with section one hundred thirty-five-c of the executive law, beneath their signature in black ink, the notary public's name, the words "Notary Public State of New York," the name of the county in which such notary public originally qualified, and the expiration date of such notary public's commission and, in addition, wherever required, a notary public shall also include the name of any county in which such notary public's certificate of official character is filed, using the words "Certificate filed .......... County." A notary public who is duly licensed as an attorney and counsellor at law in this state may substitute the words "Attorney and Counsellor at Law" for the words "Notary Public." A notary public who has qualified or who has filed a certificate of official character in the office of the clerk in a county or counties within the city of New York must also affix to each instrument such notary public's official number or numbers in black ink, as assigned by the clerk or clerks of such county or counties at the time such notary qualified in such county or counties and, if the instrument is to be recorded in an office of the register of the city of New York in any county within such city and the notary has been given a number or numbers by such register or his predecessors in any county or counties, when the notary public's autographed signature and certificate are filed in such office or offices pursuant to this chapter, the notary public shall also affix such number or numbers. No official act of such notary public shall be held invalid on account of the failure to comply with these provisions. If any notary public shall willfully fail to comply with any of the provisions of this section, the notary public shall be subject to disciplinary action by the secretary of state. In all the courts within this state the certificate of a notary public, over the signature of the notary public, shall be received as presumptive evidence of the facts contained in such certificate; provided, that any person interested as a party to a suit may contradict, by other evidence, the certificate of a notary public.
§ 138. Powers of notaries public or other officers who are stockholders, directors, officers or employees of a corporation. A notary public, justice of the supreme court, a judge, clerk, deputy clerk, or special deputy clerk of a court, an official examiner of title, or the mayor or recorder of a city, a justice of the peace, surrogate, special surrogate, special county judge, or commissioner of deeds, who is a stockholder, director, officer or employee of a corporation may take the acknowledgment or proof of any party to a written instrument executed to or by such corporation, or administer an oath to any other stockholder, director, officer, employee or agent of such corporation, and such notary public may protest for non-acceptance or non-payment, bills of exchange, drafts, checks, notes and other negotiable instruments owned or held for collection by such corporation; but none of the officers above named shall take the acknowledgment or proof of a written instrument by or to a corporation of which he is a stockholder, director, officer or employee, if such officer taking such acknowledgment or proof be a party executing such instrument, either individually or as representative of such corporation, nor shall a notary public protest any negotiable instruments owned or held for collection by such corporation, if such notary public be individually a party to such instrument, or have a financial interest in the subject of same. All such acknowledgments or proofs of deeds, mortgages or other written instruments, relating to real property heretofore taken before any of the officers aforesaid are confirmed. This act shall not affect any action or legal proceeding now pending.
§ 139. Commissioners of deeds within the state. 1. Commissioners of deeds in the cities of this state shall be appointed by the common councils of such cities respectively, and shall hold office for the term of two years from the date of their appointment, and until others are appointed in their places. A vacancy occurring during the term for which any commissioner shall be appointed, shall be filled by the common council. The common council of the several cities of this state, except in cities of this state situate in a county which has a population of not less than one hundred and eighty thousand, and not more than six hundred and fifty thousand, according to the last state or federal enumeration, shall at the end of every even numbered year, by resolution of the board, determine the number of commissioners of deeds to be appointed for such cities respectively.
2. The term of office of each commissioner of deeds appointed by the common council in cities of this state situate in a county which has a population of not less than one hundred and eighty thousand, and not more than six hundred and fifty thousand, according to the last state or federal enumeration, shall expire on the thirty-first of December of the even numbered year next after he shall be appointed. The common council of any such city shall in the month of November in every even numbered year, by resolution, determine the number of commissioners of deeds to be appointed in such cities, respectively, for the next succeeding two years.
3. Any person who resides in or maintains an office or other place of business in any such city and who resides in the county in which said city is situated shall be eligible to appointment. Such commissioners of deeds may be appointed by the common council by resolution, and the city clerk shall immediately after such appointment, file a certificate thereof with the county clerk of the county in which such city is situate, specifying the term for which the said commissioners of deeds shall have been appointed; the county clerk shall thereupon notify such persons of their appointment, and such persons so appointed shall qualify by filing with him his oath of office, duly executed before such county clerk or before any person authorized to administer an oath, together with his official signature, within thirty days from the date of such notice.
4. The county clerk shall make a proper index of certificates of appointment and official signatures filed with him. For filing and indexing the certificate of appointment and official signature, the county clerk shall be paid a fee of one dollar by the appointee, which fee shall include the administration of the oath by the county clerk, should he administer the same.
5. If a person appointed commissioner of deeds shall not file his oath of office as such commissioner of deeds, in the office of the clerk of the county of his residence, within thirty days after the notice of his appointment as above provided, his appointment is deemed revoked and the fee filed with his application forfeited.
6. A commissioner of deeds may file his autograph signature and certificate of appointment in the office of any county clerk, and the county clerk of the county in which such city is located, upon request of any commissioner appointed under the provisions of this section and upon payment of twenty-five cents for each certificate, must make and deliver to such commissioner such number of certificates as may be required. Such certificates shall be issued under the hand and seal of the county clerk of the county in which such city is located, showing the appointment and term of office of such commissioner and stating the county in which he resides. Such a certificate may be filed in the office of any county clerk upon the payment of one dollar for such filing in each office. The clerks of the counties outside the city of New York, shall each keep a book or card index file in which shall be registered the signature of the commissioners so filing such certificates.
7. The county clerk of the county in which said city is located shall, upon demand and upon payment of the sum of fifty cents, authenticate a certificate of acknowledgment or proof of oath taken before such commissioner of deeds within such city, by subjoining or attaching to the original certificate of acknowledgment or proof of oath a certificate under his hand and official seal specifying that at the time of taking the acknowledgment or proof of oath the officer taking it was duly authorized to take the same; that the authenticating officer is acquainted with the former's handwriting, or has compared the signature on the certificate of acknowledgment or proof of oath with the autograph signature deposited in his office by such officer, and that he verily believes the signature is genuine.
8. Any instrument or paper sworn to, proved or acknowledged before a commissioner of deeds within a city and authenticated as hereinbefore provided by the clerk of a county within which such city is located shall be recorded and read in evidence in any county in this state without further proof; provided, however, that a county clerk's certificate of authentication shall not be necessary to entitle any deed or other instrument or paper so proved or acknowledged to be recorded in any office where such commissioner has filed his autograph signature and certificate of appointment or to be read in evidence in any county in which such commissioner has filed with the county clerk his autograph signature and certificate of appointment, as herein provided.
9. The foregoing provisions of this section shall not apply in the city of New York.
§ 140. Commissioners of deeds in the city of New York. 1. The council of the city of New York is hereby authorized and is empowered to appoint commissioners of deeds in such city from time to time, who shall hold their offices for two years from the date of their appointment.
2. No person shall be appointed a commissioner of deeds except an attorney-at-law unless such person shall have submitted with his application proof of his ability to perform the duties of the office. Applicants serving clerkships in the offices of attorneys, and whose clerkship certificate is on file with the proper officials, shall submit an affidavit to that effect. Other employees of attorneys shall submit an affidavit sworn to by a member of the firm of such attorneys that the applicant is a proper and competent person to perform the duties of a commissioner of deeds. Every other applicant shall furnish a certificate of the city clerk of such city stating that he has examined the applicant and believes such applicant to be competent to perform the duties of a commissioner of deeds; provided, however, that where a commissioner of deeds applies, before the expiration of his term, for a reappointment or where a person whose term as commissioner of deeds shall have expired applies within six months after such expiration for appointment as a commissioner of deeds, such examination shall not be required. Upon any such application for such renewal the city clerk shall furnish the applicant with a certificate stating that the applicant has theretofore qualified for appointment and indicate the date of the applicant's original appointment thereon. The fee for issuing each such certificate shall be fifty cents.
3. Such appointment shall not require the approval of the mayor, and hereafter, at the time of subscribing or filing the oath of office, the city clerk shall collect from each person appointed a commissioner of deeds the sum of twenty-five dollars, and he shall not administer or file such oath unless such fee has been paid.
4. The city clerk shall designate a commissioner of deeds clerk, whose duties shall be to enter the names of commissioners of deeds appointed in a book kept for that purpose, make out certificates of appointment and discharge such other duties as the city clerk may designate.
5. Any person hereafter appointed to the office of commissioner of deeds in and for the city of New York by the council, before entering upon the discharge of the duties of such office and within thirty days after such appointment, shall take and subscribe before the commissioner of deeds clerk in the office of the city clerk or before any person authorized to administer oaths the following oath of office: that the applicant is a citizen of the United States, and a resident of the state of New York, the city of New York and the county of (naming the county); that he will support the constitution of the United States and the constitution of the state of New York and faithfully discharge the duties of the office of commissioner of deeds. A person regularly admitted to practice as an attorney and counsellor in the courts of record of this state, whose office for the practice of law is within the city of New York, may be appointed a commissioner of deeds in and for the city of New York and may retain his office as such commissioner of deeds although he resides in or removes to another city in this state or to an adjoining state. For the purposes of this and the following sections of this article such person shall be deemed a resident of the county where he maintains such office.
5-a. A person regularly admitted to practice as an attorney and counsellor in the courts of record of this state, whose office for the practice of law is within the city of New York, may be appointed a commissioner of deeds in and for the city of New York and may retain his office as such commissioner of deeds although he resides in or removes to any other county in this state or to an adjoining state. For the purposes of this article such person shall be deemed a resident of the county where he maintains such office.
6. Any commissioner of deeds who may remove from the city of New York during his term of office vacates his office and is hereby required to notify the city clerk of such removal, and immediately upon the receipt of such notice of removal the city clerk shall cause the name of such commissioner to be stricken from the roll of commissioners of deeds of the city.
7. Any person appointed to the office of commissioner of deeds under the provisions of this section, upon qualifying as above provided, may administer oaths and take acknowledgments or proofs of deeds and other instruments in any part of the city of New York.
8. A commissioner of deeds may file his autograph signature and certificate of appointment in the office of any county clerk in the city; and the city clerk, upon request of any commissioner appointed under the provisions of this section and upon payment of twenty-five cents for each certificate, must make and deliver to such commissioner such number of certificates as such commissioner may require. Such certificates shall be issued under the hand and official seal of the city clerk, showing the appointment and term of office of such commissioner and stating the county in which he resides, which certificates may be filed in the office of the several county clerks in the city upon payment of one dollar in each office for filing.
9. The clerks of the counties of New York, Kings, Queens, Richmond and Bronx shall each keep a book or card index file in which shall be registered the signature of the commissioners so filing such certificates; and the county clerk of any county in the city with whom such commissioner has filed a certificate of appointment shall, upon demand and upon payment of the sum of fifty cents, authenticate a certificate of acknowledgment or proof of oath taken before such commissioner of deeds, without regard to the county in the city in which such acknowlgment or proof was taken or oath administered, by subjoining or attaching to the original certificate of acknowledgment or proof or oath a certificate under his hand and official seal specifying that at the time of taking the acknowledgment or proof or oath the officer taking it was duly authorized to take the same; that the authenticating officer is acquainted with the former's handwriting, or has compared the signature on the certificate of acknowledgment, proof or oath with the autograph signature deposited in his office by such officer, and that he verily believes the signature is genuine.
10. Any instrument or paper sworn to, proved or acknowledged before a commissioner of deeds within the city of New York and authenticated as hereinbefore provided by the clerk of any county within the city with whom such commissioner has filed his autograph signature and certificate of appointment shall be recorded and read in evidence in any county in this state without further proof; provided, however, that a county clerk's certificate of authentication shall not be necessary to entitle any deed or other instrument or paper so proved or acknowledged to be recorded or read in evidence in any office of the county clerks within the city of New York or the office of the register of the city of New York.
11. A commissioner of deeds must affix, in black ink, to each instrument sworn to, acknowledged or proved, in addition to his signature, the date when his term expires and his official number as given to him by the city clerk, and must print, typewrite or stamp his name in black ink beneath his signature.
12. The mayor of the city of New York may remove any commissioner of deeds appointed under the provisions of this section for cause shown; but no such commissioner shall be removed until charges have been duly made against him to the mayor and the commissioner shall have had an opportunity to answer the same. At any proceedings held before the mayor for the removal of such commissioner of deeds the mayor shall have power to subpoena witnesses and to compel the attendance of the same, and to administer oaths, and to compel the production of books and papers, and upon the termination of such proceedings shall make his decision thereon in writing, and cause the same to be filed in the office of the city clerk of the city of New York, provided, however, that the mayor may, whenever a hearing is granted by him on complaint against a commissioner of deeds, designate an assistant corporation counsel to preside who shall have power to subpoena witnesses and to compel the attendance of the same, administer oaths, compel the production of books and papers and receive exhibits; such assistant shall, upon the termination of such proceedings, certify a copy of the stenographer's minutes of such hearing and such exhibits as may be received in evidence, together with his recommendations on the issues presented, whereupon the mayor shall render a decision on all matters presented on such hearing.
13. In case such commissioner shall be removed from office the city clerk, immediately upon the receipt by him of the order of removal signed by the mayor, shall cause the name of such commissioner so removed to be stricken from the roll of commissioners of deeds of the city.
14. No person who has been removed from office as a commissioner of deeds for the city of New York, as hereinbefore provided, shall thereafter be eligible again to be appointed as such commissioner nor, shall he be eligible thereafter to appointment to the office of notary public.
15. Any person who has been removed from office as aforesaid, who shall, after knowledge of such removal, sign or execute any instrument as a commissioner of deeds or notary public shall be deemed guilty of a misdemeanor.
16. In case of the removal for cause, or removal from the city or resignation of a commissioner of deeds, the city clerk shall immediately notify each county clerk and the register of the city of New York of such removal or resignation.
§ 141. Commissioners of deeds in other states, territories and foreign countries. The secretary of state may, in his discretion, appoint and commission in any other state, territory or dependency, or in any foreign country, such number of commissioners of deeds as he may think proper, each of whom shall be a resident of or have his place of business in the city, county, municipality or other political subdivision from which chosen, and shall hold office for the term of four years, unless such appointment shall be sooner revoked by the secretary of state, who shall have power to revoke the same. A person applying for appointment as a commissioner of deeds shall state in his application the city, county, municipality or other political subdivision for which he desires to be appointed, and shall enclose with his application the sum of twenty-five dollars, which sum, if a commission shall be granted, shall be paid by the secretary of state into the state treasury, and if such commission shall not be granted, then the same shall be returned to the person making the application. Each commissioner, before performing any of the duties or exercising any of the powers of his office, shall take the constitutional oath of office, if appointed for a city or county within the United States, before a justice of the peace or some other magistrate in such city or county; and if for a territory or dependency, before a judge of a court of record in such territory or dependency; and if for a city, municipality or other political subdivision in a foreign country, before a person authorized by the laws of this state to administer an oath in such country, or before a clerk or judge of a court of record in such foreign country; and shall cause to be prepared an official seal on which shall be designated his name, the words, "commissioner of deeds for the state of New York," and the name of the city or county, and the state, country, municipality or other political subdivision from which appointed, and shall file a clear impression of such seal, his written signature and his oath certified by the officer before whom it was taken, in the office of the department of state. The secretary of state upon receipt of such impression, signature and oath, shall forward to such commissioner instructions and forms, and a copy of the appropriate sections of this chapter.
§ 142. Powers of such commissioners. Every such commissioner shall have authority, within the city, county, municipality or other political subdivision for which he is appointed, and in the manner in which such acts are performed by authorized officers within the state:
1. To take the acknowledgment or proof of the execution of a written instrument, except a bill of exchange, promissory note or will, to be read in evidence or recorded in this state.
2. To administer oaths.
3. If such commissioner is also an attorney at law regularly admitted to practice in this state, in his discretion, to the extent authorized by this section, to administer an oath to or take the acknowledgment of or proof of the execution of an instrument by his client with respect to any matter, claim, action or proceeding.
4. If appointed for a foreign country, to certify to the existence of a patent, record or other document recorded in a public office or under official custody in such foreign country, and to the correctness of a copy of such patent, record or document, or to the correctness of a copy of a certified copy of such patent, record or other document, which has been certified according to the form in use in such foreign country.
5. A written instrument acknowledged or proved, an oath administered, or a copy or a copy of a certified copy of a patent, record or other document certified, as heretofore provided in this section, may be read in evidence or recorded within this state, the same as if taken, administered or certified within the state before an officer authorized to take the acknowledgment or proof of a written instrument, to administer oaths, or to certify to the correctness of a public record, if there shall be annexed or subjoined thereto, or indorsed thereon a certificate of the commissioner before whom such acknowledgment or proof was taken, by whom the oath was administered, or by whom the correctness of such copy is certified, under his hand and official seal. Such certificate shall specify the day on which, and the city or other political subdivision, and the state or country or other place in which, the acknowledgment or proof was taken, or the oath administered, without which specification the certificate shall be void. Except as provided in subdivision five of this section, such certificate shall be authenticated by the certificate of the secretary of state annexed or subjoined to the certificate of such commissioner, that such commissioner was, at the time of taking such acknowledgment or proof, of administering such oath, or of certifying to such patent record or document, or copy thereof, duly authorized therefor, that he is acquainted with the handwriting of such commissioner, or has compared the signature upon the certificate with the signature of such commissioner deposited in his office, that he has compared the impression of the seal affixed to such certificate with the impression of the seal of such commissioner deposited in his office, and that he believes the signature and the impression of the seal upon such certificate to be genuine. The certificate of a commissioner as to the correctness of a copy of a certified copy of a patent, record or other document, as provided by this section, shall be presumptive evidence that it was certified according to the form in use in such foreign country.
6. A commissioner of deeds appointed pursuant to the preceding section may during his term of office procure from the secretary of state, on payment to him of a fee of two dollars, a certificate of his appointment, prescribed by the secretary of state, stating among other things, the date of his appointment, the date of expiration thereof and the city, county, municipality or other political subdivision for which he is appointed, and containing the signature of the commissioner in his own handwriting and his official seal, and certifying that he has compared the signature on such certificate with the signature of such commissioner deposited in his office, that he has compared the impression of the seal affixed to such certificate with the impression of the seal of such commissioner deposited in his office and that he believes the signature and the impression of the seal upon such certificate to be genuine. Such a certificate may be filed by such commissioner in the office of any county clerk or register in the state upon the payment to such county clerk or register of a fee of two dollars. Upon the filing of such certificate in the office of a county clerk or register in this state, a written instrument acknowledged or proved, an oath administered, or a copy or copy of a certified copy of a patent, record or other document certified, by a commissioner pursuant to this section, shall be entitled to be read in evidence and shall be accepted for filing or recording and filed or recorded, as the case may be, in the office of such county clerk or register, on tender or payment of the lawful fees therefor, without having annexed or subjoined to the certificate of such commissioner contained thereon the authenticating certificate of the secretary of state as required by subdivision five of this section or by subdivision one of section three hundred eleven of the real property law or by any other provision of law.
§ 142-a. Validity of acts of notaries public and commissioners of deeds notwithstanding certain defects. 1. Except as provided in subdivision three of this section, the official certificates and other acts heretofore or hereafter made or performed of notaries public and commissioners of deeds heretofore or hereafter and prior to the time of their acts appointed or commissioned as such shall not be deemed invalid, impaired or in any manner defective, so far as they may be affected, impaired or questioned by reason of defects described in subdivision two of this section.
2. This section shall apply to the following defects:
(a) ineligibility of the notary public or commissioner of deeds to be appointed or commissioned as such;
(b) misnomer or misspelling of name or other error made in his appointment or commission;
(c) omission of the notary public or commissioner of deeds to take or file his official oath or otherwise qualify;
(d) expiration of his term, commission or appointment;
(e) vacating of his office by change of his residence, by acceptance of another public office, or by other action on his part;
(f) the fact that the action was taken outside the jurisdiction where the notary public or commissioner of deeds was authorized to act.
3. No person shall be entitled to assert the effect of this section to overcome a defect described in subdivision two if he knew of the defect or if the defect was apparent on the face of the certificate of the notary public or commissioner of deeds; provided however, that this subdivision shall not apply after the expiration of six months from the date of the act of the notary public or commissioner of deeds.
4. After the expiration of six months from the date of the official certificate or other act of the commissioner of deeds, subdivision one of this section shall be applicable to a defect consisting in omission of the certificate of a commissioner of deeds to state the date on which and the place in which an act was done, or consisting of an error in such statement.
5. This section does not relieve any notary public or commissioner of deeds from criminal liability imposed by reason of his act, or enlarge the actual authority of any such officer, nor limit any other statute or rule of law by reason of which the act of a notary public or commissioner of deeds, or the record thereof, is valid or is deemed valid in any case.
§ 143. Fees of such commissioners. The fees of such commissioners shall be as follows:
1. If appointed for another state, territory or dependency, not to exceed four times the amount allowed by the laws of such state, territory or dependency for like services, and not to exceed in any case one dollar for taking the proof or acknowledgment of a written instrument, or administering an oath;
2. If appointed for Great Britain or Ireland, for administering or certifying an oath, one shilling sterling, and for taking the proof or acknowledgment of a written instrument, or for certifying to the existence or correctness of a copy of a patent, record or document, four shillings sterling;
3. If appointed for France or any other foreign country, for administering and certifying an oath, one franc and twenty-five centimes, and for taking the proof or acknowledgment of a written instrument, or for certifying to the existence or correctness of a copy of a patent, record or document, five francs.
§ 144. Saving clause. In case it be judicially determined that any phrase, clause, part, paragraph or section of any of the provisions of sections one hundred thirty, one hundred thirty-one, one hundred thirty-two, one hundred thirty-three, one hundred thirty-five, one hundred thirty-six, one hundred thirty-seven and one hundred thirty-eight is unconstitutional or otherwise invalid, such determination shall not affect the validity or effect of the remaining provisions of the aforementioned sections. All persons heretofore appointed and still holding office as notaries public shall continue in such office after the effective date of this article, with the same powers and duties as herein provided until the expiration of the term for which they were appointed.
§ 144-a. Eligible professions for the purchase, sale, and use of body armor. The secretary of state in consultation with the division of criminal justice services, the division of homeland security and emergency services, the department of corrections and community supervision, the division of the state police, and the office of general services shall promulgate rules and regulations to establish criteria for eligible professions requiring the use of body armor, as such term is defined in subdivision two of section 270.20 of the penal law. Such professions shall include those in which the duties may expose the individual to serious physical injury that may be prevented or mitigated by the wearing of body armor. Such rules and regulations shall also include a process by which an individual or entity may request that the profession in which they engage be added to the list of eligible professions, a process by which the department shall approve such professions, and a process by which individuals and entities may present proof of engagement in eligible professions when purchasing body armor.