New York State - Executive - EXC - Article 7
ARTICLE 7 MISCELLANEOUS PROVISIONS
Section 161. Certain searches, the filing of papers, and certified copies, ordered by state officers to be gratuitous.
162. Contracts for professional services of state and municipal employees.
163. Contracts for services of state agencies.
163-a. Contracts with Green Thumb Environmental Beautification, Incorporated.
164. Reports by and to the department.
164-a. Report and publication economy regulations.
164-b. State aid to rural areas; agency reports.
164-c. Printing cost reduction notices.
164-d. Availability of application forms.
165. Commission on uniform state laws; object; membership; term of office; expenses.
166. Record of appearances.
167. Advertising and publicizing summer camps cited as subversive.
168. Notices to attorneys at law by state bodies or officers.
168-a. Designation of days of commemoration.
169. Salaries of certain state officers.
170. Audit of agencies by the state comptroller; reports of corrective action.
170-a. Celebration of Rosa Parks; bus companies.
170-b. Employee loans.
170-b*2. Racial references contained in state and municipal forms.
170-c. Regulatory penalties for small businesses.
170-d. Disclosure of disabled tenants' rights.
170-e. Disclosure of lawful source of income rights to prospective tenants.
170-e*2. Collection of demographic information.
170-f. Website accessibility; contractors and vendors.
171. Discovery and disposition of human remains and funerary objects.
§ 161. Certain searches, the filing of papers, and certified copies, ordered by state officers to be gratuitous. 1. Each of the following officers, to wit: the secretary of state, the comptroller, the commissioner of taxation and finance, the attorney general, the public service commission, the commissioner of agriculture and markets, the commissioner of transportation, the industrial commissioner, the chairman of the state labor relations board, the chairman of the state liquor authority, the superintendent of financial services, the state commissioner of human rights, the commissioner of general services and the commissioner of housing and community renewal may require search to be made, in the office of any of the others, or of a county clerk or of the clerk of a court of record, for any record, document, or paper, where he or she deems it necessary for the discharge of his or her official duties, and a copy thereof, or extracts therefrom, to be made and officially certified or exemplified, without the payment of any fee or charge.
2. No salaried officer of any city, county, or court, of this state, or any public officer who is required by law to deposit the fees collected in his office into any city or county treasury, shall be entitled to receive from said state officers, or from a division or bureau of said state officers, any fee for entering, filing, docketing, registering or recording any paper, record or document required by law to be filed in the office of any such city, county, court, or public officer, or for a certified copy, transcript or extract of any paper, document or record on file in such office which he deems necessary for the discharge of his official duties, and every such officer must, upon application therefor, furnish to said state officers, or a division or bureau of said state officers, for such official use, a certified copy, extract or transcript of any paper, record or document on file in such office without the payment of the fee prescribed by law therefor; nor shall any court clerk demand or receive from any of said state officers, or from a division or bureau of said state officers, any trial or jury fee upon filing in any court in this state a note of issue or demand for a jury trial.
3. Such salaried officer shall also furnish the services herein specified to any state department or a bureau or agency thereof acting as an agent of the state in the acquisition of real property, without the payment of any fee or charge.
§ 162. Contracts for professional services of state and municipal employees. Notwithstanding any inconsistent provision of law, general, special or local, the state and any municipal subdivision thereof and any department, bureau, board, commission, authority or any other agency or instrumentality of the state or any municipal subdivision thereof, are hereby severally authorized and empowered to enter into any contract or arrangement with the United States of America or any office, department, agency or instrumentality thereof for the performance at cost by engineers, architects, draftsmen and chemists employed by the state or such municipal subdivision, upon such terms and conditions as may be mutually agreed upon, of any project or work authorized by or pursuant to any act of congress or the cost of which has been provided for by an appropriation or contract authorization made by any act of congress which involves or requires the professional services of such employees. The making or performance of any such contract or arrangement shall in no wise be deemed to affect or result in the impairment, diminution or abridgment of the compensation, or any of the civil service, retirement and other rights, privileges and immunities of any employee engaged in the performance of any service thereunder.
§ 163. Contracts for services of state agencies. 1. Notwithstanding any inconsistent provision of law, general, special or local, the state and any department, bureau, board, commission, authority, or any other agency or instrumentality of the state, are hereby severally authorized and empowered, subject to the approval of the governor, to enter into any contract or agreement for the production of any goods, materials, or equipment or the processing, reprocessing, altering or repair thereof, deemed by the governor necessary or desirable to effectuate postwar adjustments or defense effort, upon such terms and conditions as he may approve.
2. Such contract or agreement may be made only with the United States of America, or any office, department, agency or instrumentality thereof, or with any person, firm or corporation engaged in the production or supply of any goods, materials or equipment or the processing, reprocessing, altering or repair thereof, for or for use, directly or indirectly, by the United States of America, or any of its agencies.
3. In the performance of any such contract or agreement any such department, bureau, board, commission, authority, or any other such agency or instrumentality of the state, is hereby authorized and empowered to use any of the real or personal property of the state, under its control and supervision and temporarily to employ or transfer any of its personnel.
4. The making or performance of any such contract or agreement shall in no wise be deemed to affect or result in the impairment, diminution or abridgment of the compensation, or any of the civil service, retirement and other rights, privileges and immunities of any employee engaged in the performance of any service thereunder.
5. Any such contract or agreement shall provide for payment to the state of compensation, price or other consideration which in no wise shall be less than the compensation, price or other consideration generally obtainable by private persons, firms or corporations for the performance of similar contracts or agreements, provided the same is reasonably ascertainable.
6. All moneys received on account of any contracts or agreements made pursuant to this section or pursuant to the provisions of section fifty-two-a of the New York state war emergency act prior to the repeal thereof shall be received by the state and deposited in the special fund provided for in section ninety-seven-a of the state finance law. The moneys in such fund may be expended and used to defray the expenses incidental to such contract or agreement in accordance with the terms and conditions of such contract or agreement and to reimburse the general fund of the state for any expenditures made in the first instance for such purposes. Such moneys shall be paid out of such fund on vouchers approved by the head of the department or agency, to which any moneys may be allocated by the director of the budget, after audit by and upon warrant of the comptroller.
§ 163-a. Contracts with Green Thumb Environmental Beautification, Incorporated. Each state department, agency, board, bureau, commission or other unit performing governmental functions for the state, within amounts appropriated therefor, may contract with Green Thumb Environmental Beautification, Incorporated, a nonprofit organization that is organized for the purpose of environmental beautification and employs persons fifty-five years of age or older whose annual income does not exceed: (1) two hundred fifty percent of the non-farm federal poverty level applicable to a family of one (as defined and updated by the federal department of health and human services) for an individual living alone or in another person's home; or (2) four hundred percent of the non-farm federal poverty level applicable to a family of one (as defined and updated by the federal department of health and human services) for a couple living alone or in another person's home. The contract shall name the organization, the amount and manner of payments for the service to be rendered, nature of such service, the rendering of a verified account of the disbursements with verified or certified vouchers therefor attached, a refund of any unused amount, and such other conditions upon the use thereof as may be deemed proper.
§ 164. Reports by and to the department. Each department, other than the executive department, shall make an annual report to the governor and legislature on or before the fifteenth day of May, for the preceding calendar year. It shall contain such information concerning the department and its several divisions, bureaus, offices, agencies and institutions, and their activities and affairs, and such recommendations, as the head of the department shall deem necessary or proper, and any matters required by express provision of law to be included in such report. A department also shall make such other and special reports as the governor or either house of the legislature may require. From time to time, the head of a department may require from any board, commission or other body in the department or from any subordinate officer or employee, division or bureau of the department, or from any institution subject to the supervision of the department, or from any agency of the department, such reports or information as such head may deem necessary. Unless expressly authorized by the head of the department, there shall be hereafter no separate report, annual or otherwise, directly to the legislature or governor by any such board, commission, body, officer, division, bureau, institution or agency notwithstanding any existing provision of law authorizing or requiring such report.
§ 164-a. Report and publication economy regulations. 1. The commissioner of the office of general services, in consultation with the state comptroller, shall establish regulations providing for cost savings in the printing and distribution of reports and other publications by agencies, departments and authorities of the state. To the extent that such reports and publications do not relate to the marketing or advertising of a service or product of the agency, department or authority, such regulations shall at a minimum provide that such reports and other publications:
(a) be as brief as may be practicable;
(b) utilize uncoated recyclable paper, of a size that will minimize paper use and waste, for printing of text and cover;
(c) make limited use of photographs;
(d) be printed in no more than two colors, unless otherwise specifically permitted by law, rule or regulation of the commissioner;
(e) not use covers unless such covers are necessary and appropriate for the protection of the document;
(f) be distributed pursuant to a distribution list which is reviewed at least annually to eliminate duplicate, excessive, unwanted and obsolete mailings;
(g) be mailed in combination, to the extent practicable and when possible, with mailing of other reports and publications;
(h) be eliminated or combined, to the extent practicable and when possible, with other reports and publications.
2. Each agency or department shall, with its annual report, provide the state comptroller with a list of printing cost estimates from all sources, including in-house facilities, the office of general services central reproduction unit, private printers and such other printing cost information as may be required by the state comptroller.
3. Subdivision one of this section shall be implemented in a manner that is consistent with the provisions of subdivisions five and six of section three hundred fifty-five of the education law.
§ 164-b. State aid to rural areas: agency reports. 1. Legislative intent. The legislature hereby finds, declares and determines that:
(a) enhanced access to financial and technical assistance available from state agencies is of great significance to rural communities;
(b) grants and other forms of state assistance are not always easily attainable by rural areas with the greatest need;
(c) rural areas across the state continue to suffer from high levels of unemployment and poverty, limited access to health care and other human services, individual isolation, shortfalls in family income and educational attainment, as well as the inability to undertake infrastructure investment and business development;
(d) rural communities often lack sufficient expertise and staff to prepare and process applications for aid, as well as address the requirements associated with administration of any proceeds. This, coupled with disproportionate competition with large metropolitan and suburban communities for a diminishing number of grants often places a rural community at a disadvantage when attempting to advance the betterment of its citizens;
(e) improved awareness of the ways state agencies provide financial and technical assistance would enhance opportunities for rural areas to make use of such resources, strengthening their ability to respond to modern challenges.
2. Definitions. For the purposes of this section, the following terms shall have the following meanings:
(a) "Rural area" shall mean those portions of the state so defined by subdivision seven of section four hundred eighty-one of this chapter;
(b) "State agency" shall mean the following: office for the aging, department of agriculture and markets, office of alcoholism and substance abuse services, department of economic development, department of education, department of environmental conservation, environmental facilities corporation, department of health, division of housing and community renewal, job development authority, office of mental health, office of parks, recreation and historic preservation, department of social services, department of state, department of transportation, urban development corporation, and the division for youth;
(c) "Set-aside" shall mean a direct commitment of financial and/or technical assistance by state agencies specifically for rural areas as herein defined;
(d) "Rural program development" means the systematic identification of special service needs of rural areas by a state agency and the utilization of said agency's financial, technical and other available resources to help meet such need;
(e) "Rural advisory committee" means a committee created pursuant to statute or through administrative action by a state agency for the purposes of assisting such agency to develop and implement programs for rural areas;
(f) "Regulatory flexibility" means the conscious consideration of the ability of affected individuals and/or groups in rural areas to respond to state agency rules and regulations and the state agency's attempt to mitigate any negative impacts which may result from such requirements on said individuals and/or groups.
3. Annual reports of state agencies.
(a) In addition to any existing requirements of state agencies for the submission of annual reports, such agencies shall also annually provide:
(i) a listing and description of any set-asides for rural areas in New York state. Such reports shall include the number of applications submitted, the number of applications approved, and the proportionate share of dollars and/or technical assistance rendered to public and/or private sector interests within rural areas of the state;
(ii) a listing and description of the activities and participation of any rural advisory committees which directly serve such agency, or of which the agency is a member;
(iii) a listing and description of existing and/or new rural program development efforts within the agency, or of which the agency is a part;
(iv) a description of existing and/or new rule-making or regulatory flexibility afforded to rural areas of the state; and
(v) recommendations for any statutory change, as well as financial and other resources to improve state agency assistance and responsiveness to rural areas of the state.
(b) In a form prescribed by the governor, all state agencies, as defined in this section, shall report the annual information required in paragraph (a) of this subdivision to the governor, with a copy also submitted to the speaker of the assembly, the temporary president of the senate, the minority leader of the assembly, the minority leader of the senate, and the chairman and vice-chairman of the New York state legislative commission on the development of rural resources established pursuant to chapter four hundred twenty-eight of the laws of nineteen hundred eighty-two. The first such report shall be submitted on or before January first, nineteen hundred ninety-six.
§ 164-c. Printing cost reduction notices. There shall be printed on the cover or cover page of every annual report, report or similar publication issued by any department, division, commission, agency or any other entity of the state, a notice which states the following words or words to the effect of the following: "In an effort to reduce the costs of printing, please notify the producer of this document if you wish your name to be deleted from our mailing list or if your address has changed."
§ 164-d. Availability of application forms. 1. The state and every state agency, department, bureau, board, authority, office, commission, or any other instrumentality of the state shall make the various application forms developed and distributed by such agency or instrumentality for public use that are readily convertible to internet form and are intended to be commonly used by the general public available on the internet.
2. Nothing in this section shall require that an agency or other state entity or instrumentality accept or process application forms submitted through the internet, or post application forms including user-specific data on the internet.
3. The office of information technology services shall promulgate rules and regulations to implement the provisions of this section. Such rules shall at least provide for the prioritization and timing for making application forms available on the internet.
§ 165. Commission on uniform state laws; object; membership; term of office; expenses. The commission on uniform state laws is continued. It shall be the object of the commission to examine various statutes and fields of law and to consult and cooperate with similar commissions in other states with a view to promoting uniform legislation throughout the United States whenever practicable. The commission may recommend such legislation as may accomplish its objective. It shall consist of five members appointed by the governor. The members shall hold office and may be removed at the pleasure of the governor. The commission shall serve without compensation, but each commissioner shall be entitled to receive his actual disbursements for his expenses in performing the duties of his office. The commission may employ such persons and incur such expenses as may be necessary for the performance of its duties within the amounts appropriated therefor. The commission shall report to the legislature whenever the commission deems it necessary and shall report to the legislature upon its request. Such reports shall consist of an account of the transactions of the commission and its advice and recommendations.
§ 166. Record of appearances. Every regulatory agency of the state shall keep a record of appearances before it or its appropriate divisions or bureaus of attorneys, agents and representatives appearing on behalf of any person, firm, corporation or association subject to its regulatory jurisdiction, for which they receive a fee, which record shall be open to public inspection. Each regulatory agency shall file the record with the New York temporary state commission on lobbying on forms prescribed by the commission. The record shall be filed quarterly on the fifteenth day of the month following the end of the quarter. The term "regulatory agency" as used in this section shall mean the department of financial services, department of financial services, state liquor authority, department of agriculture and markets, department of education, department of environmental conservation, department of health, division of housing and community renewal, department of state, other than the division of corporations and state records, department of public service, the industrial board of appeals in the department of labor and the department of law, other than when the attorney general or his agents or employees are performing duties specified in section sixty-three of this chapter.
§ 167. Advertising and publicizing summer camps cited as subversive. Notwithstanding any inconsistent provision of law, general or special, no department, bureau, board, commission, authority, agency or other instrumentality of the state shall knowingly advertise, publicize, assist, support or advise, or in any manner promote in any publication or otherwise, any summer camp cited by the attorney general of the United States, the attorney general of the state of New York, any duly authorized state agency or any legislative investigating body for teaching, advocating or embracing the doctrine that the government of the United States or of any state or any political subdivision thereof shall be overthrown or overturned by force, violence or any unlawful means, or advocating, advising, teaching or embracing the duty, necessity or propriety of adopting any such doctrine.
§ 168. Notices to attorneys at law by state bodies or officers. 1. Whenever a person is involved as a party in a proceeding before any body or officer exercising quasi-judicial or administrative functions, and an attorney at law has filed a notice of appearance in such proceeding on behalf of such person, a copy of all subsequent written communications or notices to such person in such proceeding (other than subpoenas) shall be sent to such attorney at law, and if any such subsequent written communication or notice is sent to the party in the proceeding, a copy of the same shall be sent to the attorney at law at the same time. Every such body or officer is authorized to provide by rule or regulation for the manner in which compliance with the requirements of this section shall be effected, including, but not limited to, the form and content of notices of appearance, the manner in which an attorney at law shall file his notice of appearance in a proceeding, and the manner in which written communications or notices shall be sent to the attorney at law.
2. For the purpose of this section:
(a) "person" shall mean one or more individuals, partnerships, corporations or associations;
(b) "proceeding" shall mean any quasi-judicial or administrative procedure instituted by a written application by a person to a body or officer, by a notice of assessment given by a body or officer to a person, by a written complaint addressed by a body or officer or transmitted by a body or officer to a person, or by a notice of any hearing before a body or officer whether or not such hearing is prescribed by statute.
3. This section shall not apply to preliminary investigations.
§ 168-a. Designation of days of commemoration. 1. A day of commemoration is a calendar day so designated by this section or a calendar day in any one year so designated by a proclamation of the governor or resolution of the Senate and Assembly jointly adopted.
2. A day of commemoration shall not constitute a holiday or half-holiday but shall be a day set aside in recognition and special honor of a person, persons, group ideal or goal.
3. The following days shall be days of commemoration in each year: January sixth, to be known as "Haym Salomon Day", January twenty-seventh, to be known as "Holocaust Remembrance Day", February fourth, to be known as "Rosa Parks Day", February fifteenth, to be known as "Susan B. Anthony Day", February sixteenth, to be known as "Lithuanian Independence Day", February twenty-eighth, to be known as "Gulf War Veterans' Day", March fourth, to be known as "Pulaski Day", March tenth, to be known as "Harriet Tubman Day", March twenty-ninth, to be known as "Vietnam Veterans' Day", April ninth, to be known as "POW Recognition Day", April twenty-seventh, to be known as "Coretta Scott King Day", April twenty-eighth, to be known as "Workers' Memorial Day", the first Tuesday in May to be known as "New York State Teacher Day", May seventeenth, to be known as "Thurgood Marshall Day", the first Sunday in June, to be known as "Children's Day", June second, to be known as "Italian Independence Day", June twelfth, to be known as "Women Veterans Recognition Day", June nineteenth, to be known as "Juneteenth Freedom Day", June twenty-fifth, to be known as "Korean War Veterans' Day", the second Monday in July, to be known as "Abolition Commemoration Day", August twenty-fourth, to be known as "Ukrainian Independence Day", August twenty-sixth, to be known as "Women's Equality Day", September eleventh, to be known as "Battle of Plattsburgh Day" and also to be known as "September 11th Remembrance Day", September thirteenth, to be known as "John Barry Day" and also to be known as "Uncle Sam Day in the State of New York", September seventeenth, to be known as "Friedrich Wilhelm von Steuben Memorial Day", the third Friday in September to be known as "New York State POW/MIA Recognition Day" except if such date of commemoration cannot be observed due to a religious holiday, such observances shall then be conducted on the second Friday of September, the last Saturday in September, to be known as "War of 1812 Day", the fourth Saturday of September, known as "Native-American Day", the last Sunday in September, to be known as "Gold Star Mothers' Day", October fifth, to be known as "Raoul Wallenberg Day", October eleventh, to be known as "New Netherland Day in the State of New York", October eighteenth, to be known as "Disabilities History Day", October twenty-seventh, to be known as "Theodore Roosevelt Day", November ninth, to be known as "Witness for Tolerance Day", November twelfth, to be known as "Elizabeth Cady Stanton Day", the third Tuesday in November to be known as "New York State School-Related Professionals Recognition Day", November thirtieth, to be known as "Shirley Chisholm Day", December third, to be known as "International Day of Persons with Disabilities", December seventh, to be known as "Pearl Harbor Day", December sixteenth, to be known as "Bastogne Day" and that day of the Asian lunar calendar designated as new year to be known as "Asian New Year".
§ 169. Salaries of certain state officers. 1. Salaries of certain state officers holding the positions indicated hereinbelow shall be as set forth in subdivision two of this section:
(a) commissioner of corrections and community supervision, commissioner of education, commissioner of health, commissioner of mental health, commissioner of developmental disabilities, commissioner of children and family services, commissioner of temporary and disability assistance, chancellor of the state university of New York, commissioner of transportation, commissioner of environmental conservation, superintendent of state police, commissioner of general services, commissioner of the division of homeland security and emergency services and the executive director of the state gaming commission;
(b) commissioner of labor, chairman of public service commission, commissioner of taxation and finance, superintendent of financial services, commissioner of criminal justice services, and commissioner of parks, recreation and historic preservation;
(c) commissioner of agriculture and markets, commissioner of alcoholism and substance abuse services, adjutant general, commissioner and president of state civil service commission, commissioner of economic development, chair of the energy research and development authority, president of higher education services corporation, commissioner of motor vehicles, member-chair of board of parole, chair of public employment relations board, secretary of state, commissioner of alcoholism and substance abuse services, executive director of the housing finance agency, commissioner of housing and community renewal, executive director of state insurance fund, commissioner-chair of state liquor authority, chair of the workers' compensation board;
(d) director of office for the aging, commissioner of human rights, commissioners of the department of public service, chairman of state commission on quality of care for the mentally disabled, chairman of commission on alcoholism and substance abuse prevention and education, executive director of the council on the arts and executive director of the board of social welfare;
(e) chairperson of state athletic commission, director of the office of victim services, chairperson of human rights appeal board, chairperson of the industrial board of appeals, chairperson of the state commission of correction, members of the board of parole, member-chairperson of unemployment insurance appeal board, director of veterans' services, and vice-chairperson of the workers' compensation board;
(f) executive director of adirondack park agency, members of state commission of correction, members of unemployment insurance appeal board, and members of the workers' compensation board.
2. (a) Effective January first, nineteen hundred ninety-nine, the annual salaries of the officers holding the positions indicated in subdivision one of this section shall be as follows: for the positions listed in paragraph (a), $136,000; in paragraph (b), $127,000; in paragraph (c), $120,800; in paragraph (d), $109,800; in paragraph (e), $101,600; and in paragraph (f), $90,800.
(b) Notwithstanding any of the foregoing provisions of this section to the contrary, an incumbent in a position (i) listed in former section one hundred sixty-nine of the executive law in effect on the day prior to the effective date of this subdivision, or (ii) listed in this section, or (iii) covered by a provision of law other than such section, shall not receive compensation in an amount less than such person received on the effective date of this section.
3. Notwithstanding any other provision of this section or any other provision of law, the boards of trustees of the state university of New York and the city university of New York shall each establish and implement salary plans for the chancellors, presidents and senior staffs of such state and city universities, respectively. The board of regents shall establish and implement a separate salary plan for the president of the university of the state of New York, setting forth the compensation to be received by the president for performing the duties of that office assigned by the rules of the regents or statute, which shall be in addition to the compensation received by such person pursuant to the provisions of subdivisions one and two of this section. Such salary plans shall be developed after consultation with the governor's office of employee relations and the division of the budget. Any increase in compensation for the positions set forth in this subdivision, not otherwise funded from any appropriation, shall be funded from reallocations of funds within the appropriations specifically identified by the aforementioned boards. Each board of trustees and the board of regents shall file a proposed salary plan report with the chairs of the senate finance committee and the assembly ways and means committee and the director of the budget at least sixty days prior to the effective date of such salary plan. Each salary plan report shall set forth the salary schedule, the dollar value of additional public compensation and other employment benefits that such positions would receive, the specific sources of funding to be reallocated for salary increases, the amount of increase to be provided to each position, the comparison salary data on which the plan is based, and such other information as the boards of trustees and the board of regents deem appropriate.
§ 170. Audit of agencies by the state comptroller; reports of corrective action. Whenever the state comptroller shall conduct an audit of the activities and operations of any department, bureau, board, commission, authority or any other agency or instrumentality, he or she shall submit a tentative copy of a report of such audit to the head of the entity audited. The head of such entity may submit a written response to such tentative report within thirty days of the receipt thereof. The state comptroller shall thereafter submit a final report of such audit which shall contain a complete copy of the response, if any, submitted to the tentative report. If the final report makes recommendations for corrective action, the head of the entity audited shall report within one hundred eighty days after receipt thereof to the governor, the state comptroller, the president, president pro tem and minority leader of the senate, the speaker, majority and minority leaders of the assembly, and the chairman and ranking minority members of the senate finance committee and the assembly ways and means committees of the state legislature what steps were taken to implement such recommendations, and, where recommendations were not implemented, the reasons therefor.
§ 170-a. Celebration of Rosa Parks; bus companies. 1. For purposes of this section, the terms "bus company" and "bus line" shall have the same meanings as set forth in subdivisions two and three of section two of the transportation law.
2. On February fourth, two thousand eight and every February fourth thereafter, a day of commemoration designated as "Rosa Parks Day" pursuant to section one hundred sixty-eight-a of this article, every bus company operating a bus line in this state may reserve and keep empty one seat on each bus placed in service by such bus company in honor of civil rights activist Rosa Parks.
3. Compliance with the provisions of this section shall be voluntary, and no bus company operating a bus line in this state shall be subject to any liability, either civil or criminal, solely for the failure to comply with the provisions of this section.
* § 170-b. Employee loans. 1. No state agency shall make available to employees a loan of any amount of money. Provided, however, that nothing in this section shall be construed to impede any person from receiving any aid for which he or she is eligible pursuant to any state or federal statute or regulation.
2. For purposes of this section, the term "state agency" shall mean any state department, state university of New York, city university of New York, authority, board, bureau, division, commission, committee, council, office or other governmental entity performing a governmental or proprietary function for the state.
* NB There are 2 § 170-b's
* § 170-b. Racial references contained in state and municipal forms. No form or preprinted document utilized by a state agency or public authority or by a municipality shall use the term "oriental" to identify or denote persons of Asian or Pacific Islander heritage. Any form or preprinted document utilizing such term shall be amended no later than January first, two thousand ten to replace the term "oriental" with the term "Asian" or to otherwise refer to such persons as being Asian and Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or the Pacific Islands.
* NB There are 2 § 170-b's
* § 170-c. Regulatory penalties for small businesses. 1. Unless explicitly exempted or excluded by any other law, rule or regulation, upon a first time violation of a state agency's rules or regulations related to paperwork submitted to a state agency or actions or omissions that are determined by such state agency to be de minimus, a small business, as defined in subdivision eight of section one hundred two of the state administrative procedure act, shall be afforded a cure period or other opportunity for ameliorative action if the violation can be corrected, the successful completion of which will prevent the imposition of penalties on the party or parties subject to enforcement of such de minimus violation. However, no waiver of penalties or cure period or other opportunity for ameliorative action may be given if the agency determines that the violation may result in a natural resource damage claim or serious actual harm, or may present an endangerment to public safety, human health or the environment, is a violation of human or civil rights law, results in loss of employee wages or benefits, interferes with any remedy, review, or resolution related to harassment or discrimination claims, was or is a willful violation, involves tax fraud, violates requirements related to federal funding to the state, relates to state funding or procurement, is similar to prior violations, is a penal law violation, relates to a material or substantive portion of the business, or is in contravention of the public interest and/or policy reflected by the agency's mission. Upon such first violation, a state agency shall (a) provide the small business with a copy of the applicable small business regulation guides pursuant to section one hundred two-a of the state administrative procedure act and any other helpful guidance or information detailing the agency's rules and regulations, to the extent such materials exist, or (b) to the extent practicable, provide such small business assistance with compliance with the agency's rules and regulations. The agency shall have the discretion to determine the appropriate period of time to allow such small business to cure or take such other ameliorative action to address such violation, which shall be reasonable but shall not be less than fifteen business days unless a longer period is allowed pursuant to law or regulation.
2. As used in this section "state agency" shall mean an agency as defined in subdivision one of section one hundred two of the state administrative procedure act; provided that "state agency" shall not include the department of taxation and finance, the workers' compensation board nor the department of financial services.
3. Nothing herein shall prevent or preclude any other waivers of penalties that may be applicable by this or any other agency.
4. Every state agency shall provide to the division for small business, created pursuant to section one hundred thirty-two of the economic development law, the following information covering the previous calendar year, annually by July first following the effective date of this subdivision, and every July first thereafter: (a) how many cure periods or other opportunities for ameliorative action were afforded pursuant to subdivision one of this section and how many small businesses made use of such options, (b) how many cure periods and other opportunities for ameliorative action were successfully completed and resulted in the avoidance of a penalty, (c) what, if any, guidance, information, and assistance with compliance was provided to small businesses issued pursuant to subdivision one of this section, and (d) the range of time granted by the state agency to correct first time violations and the type of violations that were ameliorated. The division for small business shall by October first following the effective date of this subdivision, and every October first thereafter, prepare a report compiling this information, by agency, and shall post this report on its website and shall provide a copy of such report to the governor, the speaker of the assembly and the temporary president of the senate.
* NB Repealed December 20, 2024
§ 170-d. Disclosure of disabled tenants' rights. The division of human rights shall promulgate regulations requiring every housing provider under subdivisions two-a and five of section two hundred ninety-six of this chapter, to provide notice to all tenants and prospective tenants, in writing, within thirty days of the effective date of their tenancy, or thirty days from the effective date of this section for current tenants, of their rights to request reasonable modifications and accommodations pursuant to subparagraphs one, two and three of paragraph d of subdivision two-a of section two hundred ninety-six of this chapter and subdivision eighteen of section two hundred ninety-six of this chapter.
* § 170-e. Disclosure of lawful source of income rights to prospective tenants. The division of human rights shall promulgate regulations requiring any state, county, municipal or other governmental entity, including but not limited to the division of housing and community renewal, or any agency or instrumentality of such an entity, and any public or private non-profit entity authorized to administer any public housing program or assistance, including, but not limited to, the section eight housing choice voucher program, or any other form of housing assistance, payment, subsidy or credit, regardless of whether or not such assistance, payment, subsidy or credit is paid or attributed directly to a landlord, to ensure that individuals who have applied for and are eligible to receive such assistance, payment, subsidy or credit are informed, in writing, of their rights and remedies available under law, with regard to lawful source of income discrimination pursuant to this section.
* NB There are 2 § 170-e's
* § 170-e. Collection of demographic information. 1. Every state agency, board, department, or commission that directly collects demographic data as to the ancestry or ethnic origin of residents of the state of New York shall use separate collection categories and tabulations for the following Asian and Pacific Islander groups in New York state:
(a) each major Asian group shall include Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian, Bangladeshi, Pakistani, and all of the ten most populous Asian groups in the most recent five-year American community survey published by the United States Census Bureau; and
(b) each major Pacific Islander group shall include Native Hawaiian, Guamanian and Chamorro, and Samoan; or
(c) collection categories shall include a category for other Asian or Pacific Island group.
2. Every state agency, board, department, or commission that directly collects demographic data as to the ancestry or ethnic origin of residents of the state of New York shall use separate collection categories and tabulations for the following:
(a) the primary language spoken at home; and
(b) the ethnic group or ancestry.
3. Upon the release of a new five-year American community survey published by the United States Census Bureau, every state agency, board, department or commission shall update their data collection and reporting practices as required by this section and shall continue to collect and report on any demographic group no longer included in the ten most populous groups until the release of the following five-year American community survey, at which time state agencies, boards, departments or commissions may cease to collect and report on such demographic groups provided they remain outside the ten most populous groups.
4. The data collected pursuant to the different collection categories and tabulations described in subdivision one of this section, to the degree that the data quality is sufficient, shall be included in every demographic report on ancestry or ethnic origins of residents of the state of New York by the state agency, board, department, or commission published or released on or after December first, two thousand twenty-three; provided, however, that for the department of labor, division of criminal justice services, office of mental health and office of temporary and disability assistance such requirements shall be effective July first, two thousand twenty-four. The data shall be made available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential, by posting the data on the internet web site of the agency, board, department, or commission on or before December first, two thousand twenty-three, and annually thereafter; provided, however, that for the department of labor, division of criminal justice services, office of mental health and office of temporary and disability assistance such requirements shall be effective July first, two thousand twenty-four. If the data quality is determined to be insufficient for publication, an explanation of the problem with the data quality shall be included in any report or publication made available to the public. This subdivision shall not be construed to prevent any other state agency from posting data collected pursuant to subdivision one of this section on the agency's internet web site, in the manner prescribed by this section.
5. The requirements of this section shall not apply to the department of labor, the division of criminal justice services, the office of mental health or the office of temporary and disability assistance until two years after this section shall have become a law. * NB There are 2 § 170-e's
§ 170-f. Website accessibility; contractors and vendors. Each contractor, subcontractor, vendor, consultant, or other person providing services pursuant to a state contract shall be required to conform any website provided by such contractor, subcontractor, vendor, consultant, or person in relation to and for the purpose of the provision of such services to the most current version of the Web Content Accessibility Guidelines adopted by the World Wide Web Consortium for accessibility, or any successor standards.
§ 171. Discovery and disposition of human remains and funerary objects. 1. Definitions. As used in this section:
(a) "Burial site" means any location in which human remains are interred, which is not a cemetery subject to provisions of the not-for-profit corporation law, the religious corporations law, the general municipal law, the county law, the town law or the village law.
(b) "Committee" means the Native American burial site review committee created by subdivision three of this section.
(c) "Culturally-affiliated group" means any group, including a Native American Nation or tribe, whose past or present government, or traditional culture or religion, was or is affiliated with human remains or funerary objects which are the subject of this section.
(d) "Forensic anthropologist or bioarchaeologist" means a person qualified in the medicolegal or osteological investigation/examination of human skeletal remains.
(e) "Funerary objects" means any item or items reasonably believed to have been placed with human remains at the time of burial, including but not limited to burial markers, items of personal adornment, vessels, beads, tools, implements, ceremonial objects and other artifacts.
(f) "Human remains" means the remains of any part of the body of a deceased person, excluding teeth.
(g) "Lineal descendant" means a genealogical descendant established by oral tradition, traditional Indigenous knowledge, or written record.
(h) "Native American Nation or tribe" means any Native American tribe, nation or group.
(i) "State archaeologist" means the person appointed to such office pursuant to section two hundred thirty-five of the education law.
2. Applicability. (a) This section shall apply to all lands within the state except for lands located upon any Native American territory or reservation located wholly or partly within the state.
(b) Subdivisions three, four, five, six, and seven of this section shall not apply to any project that has been reviewed pursuant to section 14.09 of the parks, recreation, and historic preservation law or to state participation in any review conducted pursuant to section 106 of the National Historic Preservation Act. If any human remains are discovered during the project, the applicant shall immediately notify the state archaeologist.
3. Native American burial site review committee. (a) There is hereby established a Native American burial site review committee consisting of the following:
(i) one member to be appointed by each of the Native American Nations or tribes recognized by the state;
(ii) the state archaeologist;
(iii) a forensic anthropologist or bioarchaeologist appointed by the executive director of the New York state museum;
(iv) the chair of the human remains committee or other designee of the New York Archaeological Council; and
(v) one member with expertise in the field of historic preservation appointed by the commissioner of the office of parks, recreation and historic preservation.
(b) The committee shall elect a chairperson from among its members. The members who are not public employees shall be reimbursed by the state for their reasonable, necessary expenses incurred in the performance of committee functions. Three-fifths of the members of the committee shall constitute a quorum for the purpose of conducting business. A majority vote of all members who have been appointed or who are serving ex-officio shall be necessary for action. Any vacancy shall be filled in the same manner as the original appointment.
(c) It shall be the function of the committee to determine the lineal descendants and/or culturally-affiliated groups for Native American human remains and funerary objects subject to this section, and to provide notice to such descendants and/or groups as provided in this section. The state archaeologist shall prepare, and the committee shall adopt, standard procedures for determining the lineal descendants and culturally-affiliated groups for human remains as required by this section, including acceptable types of proof of such descent and affiliation. Such procedures shall include dispute resolution methods to resolve disagreements among the committee members.
4. Discovery of burial site; reporting requirements. (a) Any person who in the course of any ground-disturbing activity discovers a burial site, human remains or funerary objects shall immediately cease any further disturbance of such site, remains or objects, and shall immediately report such discovery to the coroner or medical examiner in the county in which the remains were discovered. The coroner or medical examiner shall, within ninety-six hours, determine whether any actions are required pursuant to the provisions of article seventeen-A of the county law. If any such remains appear to the coroner or medical examiner to be more than fifty years old, the coroner or medical examiner shall immediately provide notice of the discovery of such remains to the state archaeologist, who shall in turn convey such notice to the other members of the committee. If no action is required under article seventeen-A of the county law, or once such actions are undertaken and no further action is required, the state archaeologist and the committee may commence their inspection or examination of the remains or objects. Any inspection or examination shall be made in situ except as necessary to comply with such article seventeen-A, this section, or to determine the age of the remains. The state archaeologist and the committee may use ground penetrating radar or other pertinent technology or equipment on any portion of the project site that has yet to be disturbed to determine if any other remains exist within the project site.
(b) The state archaeologist, or a registered archeologist or registered professional archeologist as may be designated by the state archaeologist, shall, upon receiving notice from a coroner or medical examiner of the discovery of human remains, inspect the site, remains and/or objects which are the subject of such notice. Within ten days of receiving such notice, the state archaeologist shall prepare a report thereon and provide a copy of the report to the committee and to the property owner. The report shall be based upon physical examination of the discovered burial site, remains and/or objects, and shall contain the state archaeologist's conclusion as to whether such site, remains and/or objects may be of Native American origin. In the event the state archaeologist determines there is a reasonable possibility the site contains multiple remains, an additional period of ten days may be provided for assessment by the state archaeologist in consultation with the culturally-affiliated group to determine the parameters of the site. In preparing the report, the state archaeologist may seek and obtain assistance from any employee of the regents, from the committee, and from the office of parks, recreation and historic preservation.
(c) The committee may recommend to the office of parks, recreation, and historic preservation that the site should be designated as a place of historic interest under section twelve-a of the Indian law.
5. Determination of and notification to lineal descendants or culturally-affiliated groups. (a) If the state archaeologist, the forensic anthropologist or bioarchaeologist, and the committee agree that the burial site does not wholly or partly contain human remains or funerary objects that are of Native American origin, it shall be the responsibility of the state archaeologist to determine, as soon as practicable, whether there are any reasonably ascertainable lineal descendants or culturally-affiliated groups with respect to such site, remains or objects and, immediately upon making such determination, to provide notice to such descendants or groups of the reported discovery.
(b) If the state archaeologist, the forensic anthropologist or bioarchaeologist, and the committee agree that the burial site wholly or partly contains human remains or funerary objects that may be of Native American origin, it shall be the responsibility of the committee to determine the lineal descendants or culturally-affiliated groups. Such determination shall be made as soon as practicable after the committee receives a report from the state archaeologist concerning the burial site. Immediately upon making such determination, the committee shall provide notification to such descendants or groups of the reported discovery.
(c) The committee shall have stewardship of Native American human remains and funerary objects from the time it receives notification from the state archaeologist pursuant to subdivision four of this section until the lineal descendants and/or culturally-affiliated groups receive notification from the committee pursuant to this subdivision, at which time such lineal descendants and/or culturally-affiliated groups shall have the right of possession and stewardship of such remains and objects. Upon notification to such lineal descendants or culturally-affiliated groups pursuant to this subdivision, ownership of and responsibility for the human remains and funerary objects shall vest exclusively in such descendants or groups, which shall have authority to determine their disposition subject to the provisions of this section.
(d) The state archaeologist shall have stewardship of non-Native American human remains and funerary objects from the time he or she receives notification from the coroner or medical examiner pursuant to subdivision four of this section until the lineal descendants and/or culturally-affiliated groups receive notification from the state archaeologist pursuant to this paragraph, at which time such lineal descendants and/or culturally-affiliated groups shall have the right of possession and stewardship of such remains and objects. Upon notification to such lineal descendants or culturally-affiliated groups pursuant to this subdivision, ownership of and responsibility for the human remains and funerary objects shall vest exclusively in such descendants or groups, which shall have authority to determine their disposition subject to the provisions of this section.
(e) Where a burial site contains both Native American and non-Native American human remains or funerary objects, the committee shall be responsible for the Native American burials at the site, and the state archaeologist shall be responsible for all other burials at the site. Once stewardship of each is determined, the procedures established in paragraphs (c) and (d) of this subdivision shall apply.
6. Disposition of remains and objects. (a) Within ten days after receiving notification from the state archaeologist to lineal descendants or a culturally-affiliated group, other than a Native American Nation or tribe, of the discovery of a burial site, the descendants or group shall advise the state archaeologist in writing as to the preferred disposition of the discovered remains or objects, which may include a request to protect the burial site and keep the remains interred where they were found. The state archaeologist shall consult with the property owner to try to facilitate the request of the lineal descendants or culturally-affiliated group.
(b) Within sixty days after receiving notification from the committee to a lineal descendant or culturally-affiliated group of the discovery of a burial site, the descendants or group shall advise the committee in writing as to the preferred disposition of the discovered remains or objects, which may include a request to protect the burial site and keep the remains interred where they were found. The committee shall consult with the property owner to try to facilitate the request of the lineal descendants or culturally-affiliated group.
(c) No later than ten days after receiving the report from the state archaeologist pursuant to subdivision four of this section, the property owner shall inform the state archaeologist of their decision with respect to the interment of the remains on their property. The report from the state archaeologist to the property owner shall clearly include that the property owner has ten days to notify the state archaeologist of their decision. If a property owner fails to notify the state archaeologist of their decision, the state archaeologist or the committee, as appropriate, shall abide by the decision of the lineal descendants or culturally-affiliated group.
(d) Only the state archaeologist, a registered archaeologist, or a registered professional archaeologist may touch or handle any remains or funerary objects.
7. Disposition of human remains and funerary objects, generally. (a) The property owner, their agents, assignees, employees, family members, friends, acquaintances, or any other individuals acting on behalf of such property owner, other than the state archeologist or a registered archeologist or a registered professional archaeologist hired by the property owner and acting pursuant to paragraph (d) of this subdivision, are strictly prohibited from moving, relocating, transferring, selling, possessing, touching, handling, or otherwise intentionally disturbing, in any manner, all human remains and funerary objects that are discovered on site. Except as necessary to carry out the purposes of this section, burial sites, human remains and funerary objects shall remain undisturbed after discovery and during the process established by this section.
(b) While the disposition of the remains shall be determined by the lineal descendants or culturally-affiliated group, and the property owner, the preferred disposition as a matter of policy is to have the remains stay interred where they are discovered.
(c) (i) If the lineal descendants, or culturally-affiliated group, and the property owner agree that the remains shall stay interred, the committee or state archaeologist, as appropriate, shall establish a plan of action for the preservation and protection of the remains.
(ii) If the lineal descendants or culturally-affiliated group requests that the remains be excavated and moved to a different location, the committee or state archaeologist, as appropriate, shall establish and implement a plan of action for the respectful, dignified excavation and removal of the remains.
(iii) If the lineal descendants or culturally-affiliated group advise that the remains stay interred, but the property owner notifies of their decision, as provided in this section, that the remains should be removed, the committee or state archaeologist, as appropriate, shall establish and implement a plan of action for the respectful, dignified excavation and removal of the remains. Such plan shall not be inconsistent with the provisions of this section. The committee or state archaeologist may, prior to the execution of the plan of action, consult with the property owner in an attempt to realize the request of the lineal descendants or culturally-affiliated group. The committee or state archaeologist may use a mediator, at no cost to the property owner unless mediation is requested by the property owner, as part of this process.
(d) (i) If the plan of action has not been implemented within ninety days of the notification to the state archaeologist by the coroner or medical examiner pursuant to paragraph (a) of subdivision four of this section, and any additional time provided pursuant to paragraph (b) of subdivision four of this section, the property owner may decide to excavate and remove the remains, provided that they shall engage a registered archeologist or a registered professional archaeologist, registered with the Register of Professional Archaeologists and who practices in the field of bioarchaeology or forensic anthropology, to excavate and remove the remains in a respectful and dignified manner that is not inconsistent with the provisions of this section, and provided further that the property owner may request the state archeologist to perform any such excavation or removal. The culturally-affiliated group shall have the right to have a cultural monitor on site prior to and during any excavation and removal of human remains or funerary objects. Failure of the culturally-affiliated group to have a monitor on site shall not be grounds to prohibit, prevent, or pause any excavation, removal, or other conduct as provided in this section.
(ii) If the plan of action has been substantially implemented but not completed within the ninety-day period, and any additional time provided pursuant to paragraph (b) of subdivision four of this section, the committee or state archaeologist may have one additional ten-day period to complete the excavation and removal. The state archaeologist, in consultation with the committee, where appropriate, shall determine whether the plan of action has been substantially implemented.
(iii) Any excavation and removal caused by the property owner pursuant to this paragraph shall be done at the expense of the property owner and shall be performed and supervised by the registered archaeologist, or a registered professional archaeologist, hired by the property owner pursuant to this subdivision, provided that the property owner may request the state archeologist to complete any such excavation or removal even after the ninety-day implementation period or any additional time provided in this section has expired. The culturally-affiliated group may select a cultural monitor to observe the work. Such archaeologist shall review the established plan of action with the state archaeologist or the committee, as appropriate, and act in accordance with that plan. For the purposes of this paragraph, only the state archaeologist, as provided in this section, or the registered archaeologist or registered professional archaeologist hired to perform the excavation pursuant to this subdivision may have physical contact with or otherwise disturb the remains or burial site.
(iv) The state archaeologist or committee shall make themselves available to the registered archaeologist or registered professional archaeologist forthwith for the purposes of discussing the established plan of action for the site. If the state archaeologist or committee fails to make themselves available forthwith, the registered archaeologist or registered professional archaeologist may proceed with the excavation and removal.
(v) If no plan of action has been established prior to the expiration of the ninety-day period, and any additional time provided pursuant to paragraph (b) of subdivision four of this section, the registered archaeologist or registered professional archaeologist may proceed with the excavation and removal in a professional, respectful, dignified manner that is not inconsistent with the provisions of this section.
(vi) Any remains or funerary objects excavated from the site as a result of the implementation of the process established by this paragraph shall be deposited with the New York state museum for disposition.
(vii) Notwithstanding any conflicting provision of this section, the state archeologist may at any time monitor and observe any excavation and removal performed pursuant to this section.
(e) If the state archaeologist and the committee have been unable to identify the lineal descendants or culturally-affiliated group for human remains or funerary objects, the state archaeologist shall take stewardship of the remains and shall make the recommendation for their disposition in accordance with the provisions of this section.
(f) Notwithstanding any conflicting provision of paragraph (d) of this subdivision, for project sites that contain the remains of six or more individuals, if the state archaeologist determines that additional time is necessary for the excavation of such site, an additional thirty-day period may be added before the remains can be excavated and removed by the property owner. If the state archeologist continues to find that additional time is necessary, the period before remains can be excavated and removed by the property owner may be extended multiple times in increments of thirty days. The state archaeologist must provide a copy of each such determination to the property owner in writing. The property owner may bring an action pursuant to article seventy-eight of the civil practice law and rules to review the determination of the state archaeologist pursuant to this paragraph.
8. Penalties. (a) Any person who fails to report the discovery of a burial site, human remains or funerary objects as required by subdivision four of this section shall be guilty of a class B misdemeanor, as defined in the penal law.
(b) Any person other than the state archaeologist, or a person or group with a right to remove or a right of possession or stewardship pursuant to this section, or a designee thereof, who intentionally removes human remains or funerary objects from a burial site shall be guilty of a class A misdemeanor, as defined in the penal law.
(c) Any person (i) who knowingly defaces or destroys a burial site, human remains or funerary objects, or (ii) who, knowing that a burial site, human remains, or funerary objects exist causes another person to deface or destroy such burial site, human remains, or funerary objects, or (iii) who possesses human remains or funerary objects with intent to sell such remains or artifacts, or (iv) who sells or attempts to sell human remains or funerary objects, except when authorized by law, shall be guilty of a class E felony, as defined in the penal law.
9. Enforcement. The attorney general or any aggrieved party, including the committee and any lineal descendant or culturally-affiliated group, may bring an action in supreme court in the judicial district where the remains or objects covered by this section are located to enjoin violations or threatened violations of this section, and to recover such remains or objects.
Section 161. Certain searches, the filing of papers, and certified copies, ordered by state officers to be gratuitous.
162. Contracts for professional services of state and municipal employees.
163. Contracts for services of state agencies.
163-a. Contracts with Green Thumb Environmental Beautification, Incorporated.
164. Reports by and to the department.
164-a. Report and publication economy regulations.
164-b. State aid to rural areas; agency reports.
164-c. Printing cost reduction notices.
164-d. Availability of application forms.
165. Commission on uniform state laws; object; membership; term of office; expenses.
166. Record of appearances.
167. Advertising and publicizing summer camps cited as subversive.
168. Notices to attorneys at law by state bodies or officers.
168-a. Designation of days of commemoration.
169. Salaries of certain state officers.
170. Audit of agencies by the state comptroller; reports of corrective action.
170-a. Celebration of Rosa Parks; bus companies.
170-b. Employee loans.
170-b*2. Racial references contained in state and municipal forms.
170-c. Regulatory penalties for small businesses.
170-d. Disclosure of disabled tenants' rights.
170-e. Disclosure of lawful source of income rights to prospective tenants.
170-e*2. Collection of demographic information.
170-f. Website accessibility; contractors and vendors.
171. Discovery and disposition of human remains and funerary objects.
§ 161. Certain searches, the filing of papers, and certified copies, ordered by state officers to be gratuitous. 1. Each of the following officers, to wit: the secretary of state, the comptroller, the commissioner of taxation and finance, the attorney general, the public service commission, the commissioner of agriculture and markets, the commissioner of transportation, the industrial commissioner, the chairman of the state labor relations board, the chairman of the state liquor authority, the superintendent of financial services, the state commissioner of human rights, the commissioner of general services and the commissioner of housing and community renewal may require search to be made, in the office of any of the others, or of a county clerk or of the clerk of a court of record, for any record, document, or paper, where he or she deems it necessary for the discharge of his or her official duties, and a copy thereof, or extracts therefrom, to be made and officially certified or exemplified, without the payment of any fee or charge.
2. No salaried officer of any city, county, or court, of this state, or any public officer who is required by law to deposit the fees collected in his office into any city or county treasury, shall be entitled to receive from said state officers, or from a division or bureau of said state officers, any fee for entering, filing, docketing, registering or recording any paper, record or document required by law to be filed in the office of any such city, county, court, or public officer, or for a certified copy, transcript or extract of any paper, document or record on file in such office which he deems necessary for the discharge of his official duties, and every such officer must, upon application therefor, furnish to said state officers, or a division or bureau of said state officers, for such official use, a certified copy, extract or transcript of any paper, record or document on file in such office without the payment of the fee prescribed by law therefor; nor shall any court clerk demand or receive from any of said state officers, or from a division or bureau of said state officers, any trial or jury fee upon filing in any court in this state a note of issue or demand for a jury trial.
3. Such salaried officer shall also furnish the services herein specified to any state department or a bureau or agency thereof acting as an agent of the state in the acquisition of real property, without the payment of any fee or charge.
§ 162. Contracts for professional services of state and municipal employees. Notwithstanding any inconsistent provision of law, general, special or local, the state and any municipal subdivision thereof and any department, bureau, board, commission, authority or any other agency or instrumentality of the state or any municipal subdivision thereof, are hereby severally authorized and empowered to enter into any contract or arrangement with the United States of America or any office, department, agency or instrumentality thereof for the performance at cost by engineers, architects, draftsmen and chemists employed by the state or such municipal subdivision, upon such terms and conditions as may be mutually agreed upon, of any project or work authorized by or pursuant to any act of congress or the cost of which has been provided for by an appropriation or contract authorization made by any act of congress which involves or requires the professional services of such employees. The making or performance of any such contract or arrangement shall in no wise be deemed to affect or result in the impairment, diminution or abridgment of the compensation, or any of the civil service, retirement and other rights, privileges and immunities of any employee engaged in the performance of any service thereunder.
§ 163. Contracts for services of state agencies. 1. Notwithstanding any inconsistent provision of law, general, special or local, the state and any department, bureau, board, commission, authority, or any other agency or instrumentality of the state, are hereby severally authorized and empowered, subject to the approval of the governor, to enter into any contract or agreement for the production of any goods, materials, or equipment or the processing, reprocessing, altering or repair thereof, deemed by the governor necessary or desirable to effectuate postwar adjustments or defense effort, upon such terms and conditions as he may approve.
2. Such contract or agreement may be made only with the United States of America, or any office, department, agency or instrumentality thereof, or with any person, firm or corporation engaged in the production or supply of any goods, materials or equipment or the processing, reprocessing, altering or repair thereof, for or for use, directly or indirectly, by the United States of America, or any of its agencies.
3. In the performance of any such contract or agreement any such department, bureau, board, commission, authority, or any other such agency or instrumentality of the state, is hereby authorized and empowered to use any of the real or personal property of the state, under its control and supervision and temporarily to employ or transfer any of its personnel.
4. The making or performance of any such contract or agreement shall in no wise be deemed to affect or result in the impairment, diminution or abridgment of the compensation, or any of the civil service, retirement and other rights, privileges and immunities of any employee engaged in the performance of any service thereunder.
5. Any such contract or agreement shall provide for payment to the state of compensation, price or other consideration which in no wise shall be less than the compensation, price or other consideration generally obtainable by private persons, firms or corporations for the performance of similar contracts or agreements, provided the same is reasonably ascertainable.
6. All moneys received on account of any contracts or agreements made pursuant to this section or pursuant to the provisions of section fifty-two-a of the New York state war emergency act prior to the repeal thereof shall be received by the state and deposited in the special fund provided for in section ninety-seven-a of the state finance law. The moneys in such fund may be expended and used to defray the expenses incidental to such contract or agreement in accordance with the terms and conditions of such contract or agreement and to reimburse the general fund of the state for any expenditures made in the first instance for such purposes. Such moneys shall be paid out of such fund on vouchers approved by the head of the department or agency, to which any moneys may be allocated by the director of the budget, after audit by and upon warrant of the comptroller.
§ 163-a. Contracts with Green Thumb Environmental Beautification, Incorporated. Each state department, agency, board, bureau, commission or other unit performing governmental functions for the state, within amounts appropriated therefor, may contract with Green Thumb Environmental Beautification, Incorporated, a nonprofit organization that is organized for the purpose of environmental beautification and employs persons fifty-five years of age or older whose annual income does not exceed: (1) two hundred fifty percent of the non-farm federal poverty level applicable to a family of one (as defined and updated by the federal department of health and human services) for an individual living alone or in another person's home; or (2) four hundred percent of the non-farm federal poverty level applicable to a family of one (as defined and updated by the federal department of health and human services) for a couple living alone or in another person's home. The contract shall name the organization, the amount and manner of payments for the service to be rendered, nature of such service, the rendering of a verified account of the disbursements with verified or certified vouchers therefor attached, a refund of any unused amount, and such other conditions upon the use thereof as may be deemed proper.
§ 164. Reports by and to the department. Each department, other than the executive department, shall make an annual report to the governor and legislature on or before the fifteenth day of May, for the preceding calendar year. It shall contain such information concerning the department and its several divisions, bureaus, offices, agencies and institutions, and their activities and affairs, and such recommendations, as the head of the department shall deem necessary or proper, and any matters required by express provision of law to be included in such report. A department also shall make such other and special reports as the governor or either house of the legislature may require. From time to time, the head of a department may require from any board, commission or other body in the department or from any subordinate officer or employee, division or bureau of the department, or from any institution subject to the supervision of the department, or from any agency of the department, such reports or information as such head may deem necessary. Unless expressly authorized by the head of the department, there shall be hereafter no separate report, annual or otherwise, directly to the legislature or governor by any such board, commission, body, officer, division, bureau, institution or agency notwithstanding any existing provision of law authorizing or requiring such report.
§ 164-a. Report and publication economy regulations. 1. The commissioner of the office of general services, in consultation with the state comptroller, shall establish regulations providing for cost savings in the printing and distribution of reports and other publications by agencies, departments and authorities of the state. To the extent that such reports and publications do not relate to the marketing or advertising of a service or product of the agency, department or authority, such regulations shall at a minimum provide that such reports and other publications:
(a) be as brief as may be practicable;
(b) utilize uncoated recyclable paper, of a size that will minimize paper use and waste, for printing of text and cover;
(c) make limited use of photographs;
(d) be printed in no more than two colors, unless otherwise specifically permitted by law, rule or regulation of the commissioner;
(e) not use covers unless such covers are necessary and appropriate for the protection of the document;
(f) be distributed pursuant to a distribution list which is reviewed at least annually to eliminate duplicate, excessive, unwanted and obsolete mailings;
(g) be mailed in combination, to the extent practicable and when possible, with mailing of other reports and publications;
(h) be eliminated or combined, to the extent practicable and when possible, with other reports and publications.
2. Each agency or department shall, with its annual report, provide the state comptroller with a list of printing cost estimates from all sources, including in-house facilities, the office of general services central reproduction unit, private printers and such other printing cost information as may be required by the state comptroller.
3. Subdivision one of this section shall be implemented in a manner that is consistent with the provisions of subdivisions five and six of section three hundred fifty-five of the education law.
§ 164-b. State aid to rural areas: agency reports. 1. Legislative intent. The legislature hereby finds, declares and determines that:
(a) enhanced access to financial and technical assistance available from state agencies is of great significance to rural communities;
(b) grants and other forms of state assistance are not always easily attainable by rural areas with the greatest need;
(c) rural areas across the state continue to suffer from high levels of unemployment and poverty, limited access to health care and other human services, individual isolation, shortfalls in family income and educational attainment, as well as the inability to undertake infrastructure investment and business development;
(d) rural communities often lack sufficient expertise and staff to prepare and process applications for aid, as well as address the requirements associated with administration of any proceeds. This, coupled with disproportionate competition with large metropolitan and suburban communities for a diminishing number of grants often places a rural community at a disadvantage when attempting to advance the betterment of its citizens;
(e) improved awareness of the ways state agencies provide financial and technical assistance would enhance opportunities for rural areas to make use of such resources, strengthening their ability to respond to modern challenges.
2. Definitions. For the purposes of this section, the following terms shall have the following meanings:
(a) "Rural area" shall mean those portions of the state so defined by subdivision seven of section four hundred eighty-one of this chapter;
(b) "State agency" shall mean the following: office for the aging, department of agriculture and markets, office of alcoholism and substance abuse services, department of economic development, department of education, department of environmental conservation, environmental facilities corporation, department of health, division of housing and community renewal, job development authority, office of mental health, office of parks, recreation and historic preservation, department of social services, department of state, department of transportation, urban development corporation, and the division for youth;
(c) "Set-aside" shall mean a direct commitment of financial and/or technical assistance by state agencies specifically for rural areas as herein defined;
(d) "Rural program development" means the systematic identification of special service needs of rural areas by a state agency and the utilization of said agency's financial, technical and other available resources to help meet such need;
(e) "Rural advisory committee" means a committee created pursuant to statute or through administrative action by a state agency for the purposes of assisting such agency to develop and implement programs for rural areas;
(f) "Regulatory flexibility" means the conscious consideration of the ability of affected individuals and/or groups in rural areas to respond to state agency rules and regulations and the state agency's attempt to mitigate any negative impacts which may result from such requirements on said individuals and/or groups.
3. Annual reports of state agencies.
(a) In addition to any existing requirements of state agencies for the submission of annual reports, such agencies shall also annually provide:
(i) a listing and description of any set-asides for rural areas in New York state. Such reports shall include the number of applications submitted, the number of applications approved, and the proportionate share of dollars and/or technical assistance rendered to public and/or private sector interests within rural areas of the state;
(ii) a listing and description of the activities and participation of any rural advisory committees which directly serve such agency, or of which the agency is a member;
(iii) a listing and description of existing and/or new rural program development efforts within the agency, or of which the agency is a part;
(iv) a description of existing and/or new rule-making or regulatory flexibility afforded to rural areas of the state; and
(v) recommendations for any statutory change, as well as financial and other resources to improve state agency assistance and responsiveness to rural areas of the state.
(b) In a form prescribed by the governor, all state agencies, as defined in this section, shall report the annual information required in paragraph (a) of this subdivision to the governor, with a copy also submitted to the speaker of the assembly, the temporary president of the senate, the minority leader of the assembly, the minority leader of the senate, and the chairman and vice-chairman of the New York state legislative commission on the development of rural resources established pursuant to chapter four hundred twenty-eight of the laws of nineteen hundred eighty-two. The first such report shall be submitted on or before January first, nineteen hundred ninety-six.
§ 164-c. Printing cost reduction notices. There shall be printed on the cover or cover page of every annual report, report or similar publication issued by any department, division, commission, agency or any other entity of the state, a notice which states the following words or words to the effect of the following: "In an effort to reduce the costs of printing, please notify the producer of this document if you wish your name to be deleted from our mailing list or if your address has changed."
§ 164-d. Availability of application forms. 1. The state and every state agency, department, bureau, board, authority, office, commission, or any other instrumentality of the state shall make the various application forms developed and distributed by such agency or instrumentality for public use that are readily convertible to internet form and are intended to be commonly used by the general public available on the internet.
2. Nothing in this section shall require that an agency or other state entity or instrumentality accept or process application forms submitted through the internet, or post application forms including user-specific data on the internet.
3. The office of information technology services shall promulgate rules and regulations to implement the provisions of this section. Such rules shall at least provide for the prioritization and timing for making application forms available on the internet.
§ 165. Commission on uniform state laws; object; membership; term of office; expenses. The commission on uniform state laws is continued. It shall be the object of the commission to examine various statutes and fields of law and to consult and cooperate with similar commissions in other states with a view to promoting uniform legislation throughout the United States whenever practicable. The commission may recommend such legislation as may accomplish its objective. It shall consist of five members appointed by the governor. The members shall hold office and may be removed at the pleasure of the governor. The commission shall serve without compensation, but each commissioner shall be entitled to receive his actual disbursements for his expenses in performing the duties of his office. The commission may employ such persons and incur such expenses as may be necessary for the performance of its duties within the amounts appropriated therefor. The commission shall report to the legislature whenever the commission deems it necessary and shall report to the legislature upon its request. Such reports shall consist of an account of the transactions of the commission and its advice and recommendations.
§ 166. Record of appearances. Every regulatory agency of the state shall keep a record of appearances before it or its appropriate divisions or bureaus of attorneys, agents and representatives appearing on behalf of any person, firm, corporation or association subject to its regulatory jurisdiction, for which they receive a fee, which record shall be open to public inspection. Each regulatory agency shall file the record with the New York temporary state commission on lobbying on forms prescribed by the commission. The record shall be filed quarterly on the fifteenth day of the month following the end of the quarter. The term "regulatory agency" as used in this section shall mean the department of financial services, department of financial services, state liquor authority, department of agriculture and markets, department of education, department of environmental conservation, department of health, division of housing and community renewal, department of state, other than the division of corporations and state records, department of public service, the industrial board of appeals in the department of labor and the department of law, other than when the attorney general or his agents or employees are performing duties specified in section sixty-three of this chapter.
§ 167. Advertising and publicizing summer camps cited as subversive. Notwithstanding any inconsistent provision of law, general or special, no department, bureau, board, commission, authority, agency or other instrumentality of the state shall knowingly advertise, publicize, assist, support or advise, or in any manner promote in any publication or otherwise, any summer camp cited by the attorney general of the United States, the attorney general of the state of New York, any duly authorized state agency or any legislative investigating body for teaching, advocating or embracing the doctrine that the government of the United States or of any state or any political subdivision thereof shall be overthrown or overturned by force, violence or any unlawful means, or advocating, advising, teaching or embracing the duty, necessity or propriety of adopting any such doctrine.
§ 168. Notices to attorneys at law by state bodies or officers. 1. Whenever a person is involved as a party in a proceeding before any body or officer exercising quasi-judicial or administrative functions, and an attorney at law has filed a notice of appearance in such proceeding on behalf of such person, a copy of all subsequent written communications or notices to such person in such proceeding (other than subpoenas) shall be sent to such attorney at law, and if any such subsequent written communication or notice is sent to the party in the proceeding, a copy of the same shall be sent to the attorney at law at the same time. Every such body or officer is authorized to provide by rule or regulation for the manner in which compliance with the requirements of this section shall be effected, including, but not limited to, the form and content of notices of appearance, the manner in which an attorney at law shall file his notice of appearance in a proceeding, and the manner in which written communications or notices shall be sent to the attorney at law.
2. For the purpose of this section:
(a) "person" shall mean one or more individuals, partnerships, corporations or associations;
(b) "proceeding" shall mean any quasi-judicial or administrative procedure instituted by a written application by a person to a body or officer, by a notice of assessment given by a body or officer to a person, by a written complaint addressed by a body or officer or transmitted by a body or officer to a person, or by a notice of any hearing before a body or officer whether or not such hearing is prescribed by statute.
3. This section shall not apply to preliminary investigations.
§ 168-a. Designation of days of commemoration. 1. A day of commemoration is a calendar day so designated by this section or a calendar day in any one year so designated by a proclamation of the governor or resolution of the Senate and Assembly jointly adopted.
2. A day of commemoration shall not constitute a holiday or half-holiday but shall be a day set aside in recognition and special honor of a person, persons, group ideal or goal.
3. The following days shall be days of commemoration in each year: January sixth, to be known as "Haym Salomon Day", January twenty-seventh, to be known as "Holocaust Remembrance Day", February fourth, to be known as "Rosa Parks Day", February fifteenth, to be known as "Susan B. Anthony Day", February sixteenth, to be known as "Lithuanian Independence Day", February twenty-eighth, to be known as "Gulf War Veterans' Day", March fourth, to be known as "Pulaski Day", March tenth, to be known as "Harriet Tubman Day", March twenty-ninth, to be known as "Vietnam Veterans' Day", April ninth, to be known as "POW Recognition Day", April twenty-seventh, to be known as "Coretta Scott King Day", April twenty-eighth, to be known as "Workers' Memorial Day", the first Tuesday in May to be known as "New York State Teacher Day", May seventeenth, to be known as "Thurgood Marshall Day", the first Sunday in June, to be known as "Children's Day", June second, to be known as "Italian Independence Day", June twelfth, to be known as "Women Veterans Recognition Day", June nineteenth, to be known as "Juneteenth Freedom Day", June twenty-fifth, to be known as "Korean War Veterans' Day", the second Monday in July, to be known as "Abolition Commemoration Day", August twenty-fourth, to be known as "Ukrainian Independence Day", August twenty-sixth, to be known as "Women's Equality Day", September eleventh, to be known as "Battle of Plattsburgh Day" and also to be known as "September 11th Remembrance Day", September thirteenth, to be known as "John Barry Day" and also to be known as "Uncle Sam Day in the State of New York", September seventeenth, to be known as "Friedrich Wilhelm von Steuben Memorial Day", the third Friday in September to be known as "New York State POW/MIA Recognition Day" except if such date of commemoration cannot be observed due to a religious holiday, such observances shall then be conducted on the second Friday of September, the last Saturday in September, to be known as "War of 1812 Day", the fourth Saturday of September, known as "Native-American Day", the last Sunday in September, to be known as "Gold Star Mothers' Day", October fifth, to be known as "Raoul Wallenberg Day", October eleventh, to be known as "New Netherland Day in the State of New York", October eighteenth, to be known as "Disabilities History Day", October twenty-seventh, to be known as "Theodore Roosevelt Day", November ninth, to be known as "Witness for Tolerance Day", November twelfth, to be known as "Elizabeth Cady Stanton Day", the third Tuesday in November to be known as "New York State School-Related Professionals Recognition Day", November thirtieth, to be known as "Shirley Chisholm Day", December third, to be known as "International Day of Persons with Disabilities", December seventh, to be known as "Pearl Harbor Day", December sixteenth, to be known as "Bastogne Day" and that day of the Asian lunar calendar designated as new year to be known as "Asian New Year".
§ 169. Salaries of certain state officers. 1. Salaries of certain state officers holding the positions indicated hereinbelow shall be as set forth in subdivision two of this section:
(a) commissioner of corrections and community supervision, commissioner of education, commissioner of health, commissioner of mental health, commissioner of developmental disabilities, commissioner of children and family services, commissioner of temporary and disability assistance, chancellor of the state university of New York, commissioner of transportation, commissioner of environmental conservation, superintendent of state police, commissioner of general services, commissioner of the division of homeland security and emergency services and the executive director of the state gaming commission;
(b) commissioner of labor, chairman of public service commission, commissioner of taxation and finance, superintendent of financial services, commissioner of criminal justice services, and commissioner of parks, recreation and historic preservation;
(c) commissioner of agriculture and markets, commissioner of alcoholism and substance abuse services, adjutant general, commissioner and president of state civil service commission, commissioner of economic development, chair of the energy research and development authority, president of higher education services corporation, commissioner of motor vehicles, member-chair of board of parole, chair of public employment relations board, secretary of state, commissioner of alcoholism and substance abuse services, executive director of the housing finance agency, commissioner of housing and community renewal, executive director of state insurance fund, commissioner-chair of state liquor authority, chair of the workers' compensation board;
(d) director of office for the aging, commissioner of human rights, commissioners of the department of public service, chairman of state commission on quality of care for the mentally disabled, chairman of commission on alcoholism and substance abuse prevention and education, executive director of the council on the arts and executive director of the board of social welfare;
(e) chairperson of state athletic commission, director of the office of victim services, chairperson of human rights appeal board, chairperson of the industrial board of appeals, chairperson of the state commission of correction, members of the board of parole, member-chairperson of unemployment insurance appeal board, director of veterans' services, and vice-chairperson of the workers' compensation board;
(f) executive director of adirondack park agency, members of state commission of correction, members of unemployment insurance appeal board, and members of the workers' compensation board.
2. (a) Effective January first, nineteen hundred ninety-nine, the annual salaries of the officers holding the positions indicated in subdivision one of this section shall be as follows: for the positions listed in paragraph (a), $136,000; in paragraph (b), $127,000; in paragraph (c), $120,800; in paragraph (d), $109,800; in paragraph (e), $101,600; and in paragraph (f), $90,800.
(b) Notwithstanding any of the foregoing provisions of this section to the contrary, an incumbent in a position (i) listed in former section one hundred sixty-nine of the executive law in effect on the day prior to the effective date of this subdivision, or (ii) listed in this section, or (iii) covered by a provision of law other than such section, shall not receive compensation in an amount less than such person received on the effective date of this section.
3. Notwithstanding any other provision of this section or any other provision of law, the boards of trustees of the state university of New York and the city university of New York shall each establish and implement salary plans for the chancellors, presidents and senior staffs of such state and city universities, respectively. The board of regents shall establish and implement a separate salary plan for the president of the university of the state of New York, setting forth the compensation to be received by the president for performing the duties of that office assigned by the rules of the regents or statute, which shall be in addition to the compensation received by such person pursuant to the provisions of subdivisions one and two of this section. Such salary plans shall be developed after consultation with the governor's office of employee relations and the division of the budget. Any increase in compensation for the positions set forth in this subdivision, not otherwise funded from any appropriation, shall be funded from reallocations of funds within the appropriations specifically identified by the aforementioned boards. Each board of trustees and the board of regents shall file a proposed salary plan report with the chairs of the senate finance committee and the assembly ways and means committee and the director of the budget at least sixty days prior to the effective date of such salary plan. Each salary plan report shall set forth the salary schedule, the dollar value of additional public compensation and other employment benefits that such positions would receive, the specific sources of funding to be reallocated for salary increases, the amount of increase to be provided to each position, the comparison salary data on which the plan is based, and such other information as the boards of trustees and the board of regents deem appropriate.
§ 170. Audit of agencies by the state comptroller; reports of corrective action. Whenever the state comptroller shall conduct an audit of the activities and operations of any department, bureau, board, commission, authority or any other agency or instrumentality, he or she shall submit a tentative copy of a report of such audit to the head of the entity audited. The head of such entity may submit a written response to such tentative report within thirty days of the receipt thereof. The state comptroller shall thereafter submit a final report of such audit which shall contain a complete copy of the response, if any, submitted to the tentative report. If the final report makes recommendations for corrective action, the head of the entity audited shall report within one hundred eighty days after receipt thereof to the governor, the state comptroller, the president, president pro tem and minority leader of the senate, the speaker, majority and minority leaders of the assembly, and the chairman and ranking minority members of the senate finance committee and the assembly ways and means committees of the state legislature what steps were taken to implement such recommendations, and, where recommendations were not implemented, the reasons therefor.
§ 170-a. Celebration of Rosa Parks; bus companies. 1. For purposes of this section, the terms "bus company" and "bus line" shall have the same meanings as set forth in subdivisions two and three of section two of the transportation law.
2. On February fourth, two thousand eight and every February fourth thereafter, a day of commemoration designated as "Rosa Parks Day" pursuant to section one hundred sixty-eight-a of this article, every bus company operating a bus line in this state may reserve and keep empty one seat on each bus placed in service by such bus company in honor of civil rights activist Rosa Parks.
3. Compliance with the provisions of this section shall be voluntary, and no bus company operating a bus line in this state shall be subject to any liability, either civil or criminal, solely for the failure to comply with the provisions of this section.
* § 170-b. Employee loans. 1. No state agency shall make available to employees a loan of any amount of money. Provided, however, that nothing in this section shall be construed to impede any person from receiving any aid for which he or she is eligible pursuant to any state or federal statute or regulation.
2. For purposes of this section, the term "state agency" shall mean any state department, state university of New York, city university of New York, authority, board, bureau, division, commission, committee, council, office or other governmental entity performing a governmental or proprietary function for the state.
* NB There are 2 § 170-b's
* § 170-b. Racial references contained in state and municipal forms. No form or preprinted document utilized by a state agency or public authority or by a municipality shall use the term "oriental" to identify or denote persons of Asian or Pacific Islander heritage. Any form or preprinted document utilizing such term shall be amended no later than January first, two thousand ten to replace the term "oriental" with the term "Asian" or to otherwise refer to such persons as being Asian and Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or the Pacific Islands.
* NB There are 2 § 170-b's
* § 170-c. Regulatory penalties for small businesses. 1. Unless explicitly exempted or excluded by any other law, rule or regulation, upon a first time violation of a state agency's rules or regulations related to paperwork submitted to a state agency or actions or omissions that are determined by such state agency to be de minimus, a small business, as defined in subdivision eight of section one hundred two of the state administrative procedure act, shall be afforded a cure period or other opportunity for ameliorative action if the violation can be corrected, the successful completion of which will prevent the imposition of penalties on the party or parties subject to enforcement of such de minimus violation. However, no waiver of penalties or cure period or other opportunity for ameliorative action may be given if the agency determines that the violation may result in a natural resource damage claim or serious actual harm, or may present an endangerment to public safety, human health or the environment, is a violation of human or civil rights law, results in loss of employee wages or benefits, interferes with any remedy, review, or resolution related to harassment or discrimination claims, was or is a willful violation, involves tax fraud, violates requirements related to federal funding to the state, relates to state funding or procurement, is similar to prior violations, is a penal law violation, relates to a material or substantive portion of the business, or is in contravention of the public interest and/or policy reflected by the agency's mission. Upon such first violation, a state agency shall (a) provide the small business with a copy of the applicable small business regulation guides pursuant to section one hundred two-a of the state administrative procedure act and any other helpful guidance or information detailing the agency's rules and regulations, to the extent such materials exist, or (b) to the extent practicable, provide such small business assistance with compliance with the agency's rules and regulations. The agency shall have the discretion to determine the appropriate period of time to allow such small business to cure or take such other ameliorative action to address such violation, which shall be reasonable but shall not be less than fifteen business days unless a longer period is allowed pursuant to law or regulation.
2. As used in this section "state agency" shall mean an agency as defined in subdivision one of section one hundred two of the state administrative procedure act; provided that "state agency" shall not include the department of taxation and finance, the workers' compensation board nor the department of financial services.
3. Nothing herein shall prevent or preclude any other waivers of penalties that may be applicable by this or any other agency.
4. Every state agency shall provide to the division for small business, created pursuant to section one hundred thirty-two of the economic development law, the following information covering the previous calendar year, annually by July first following the effective date of this subdivision, and every July first thereafter: (a) how many cure periods or other opportunities for ameliorative action were afforded pursuant to subdivision one of this section and how many small businesses made use of such options, (b) how many cure periods and other opportunities for ameliorative action were successfully completed and resulted in the avoidance of a penalty, (c) what, if any, guidance, information, and assistance with compliance was provided to small businesses issued pursuant to subdivision one of this section, and (d) the range of time granted by the state agency to correct first time violations and the type of violations that were ameliorated. The division for small business shall by October first following the effective date of this subdivision, and every October first thereafter, prepare a report compiling this information, by agency, and shall post this report on its website and shall provide a copy of such report to the governor, the speaker of the assembly and the temporary president of the senate.
* NB Repealed December 20, 2024
§ 170-d. Disclosure of disabled tenants' rights. The division of human rights shall promulgate regulations requiring every housing provider under subdivisions two-a and five of section two hundred ninety-six of this chapter, to provide notice to all tenants and prospective tenants, in writing, within thirty days of the effective date of their tenancy, or thirty days from the effective date of this section for current tenants, of their rights to request reasonable modifications and accommodations pursuant to subparagraphs one, two and three of paragraph d of subdivision two-a of section two hundred ninety-six of this chapter and subdivision eighteen of section two hundred ninety-six of this chapter.
* § 170-e. Disclosure of lawful source of income rights to prospective tenants. The division of human rights shall promulgate regulations requiring any state, county, municipal or other governmental entity, including but not limited to the division of housing and community renewal, or any agency or instrumentality of such an entity, and any public or private non-profit entity authorized to administer any public housing program or assistance, including, but not limited to, the section eight housing choice voucher program, or any other form of housing assistance, payment, subsidy or credit, regardless of whether or not such assistance, payment, subsidy or credit is paid or attributed directly to a landlord, to ensure that individuals who have applied for and are eligible to receive such assistance, payment, subsidy or credit are informed, in writing, of their rights and remedies available under law, with regard to lawful source of income discrimination pursuant to this section.
* NB There are 2 § 170-e's
* § 170-e. Collection of demographic information. 1. Every state agency, board, department, or commission that directly collects demographic data as to the ancestry or ethnic origin of residents of the state of New York shall use separate collection categories and tabulations for the following Asian and Pacific Islander groups in New York state:
(a) each major Asian group shall include Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian, Bangladeshi, Pakistani, and all of the ten most populous Asian groups in the most recent five-year American community survey published by the United States Census Bureau; and
(b) each major Pacific Islander group shall include Native Hawaiian, Guamanian and Chamorro, and Samoan; or
(c) collection categories shall include a category for other Asian or Pacific Island group.
2. Every state agency, board, department, or commission that directly collects demographic data as to the ancestry or ethnic origin of residents of the state of New York shall use separate collection categories and tabulations for the following:
(a) the primary language spoken at home; and
(b) the ethnic group or ancestry.
3. Upon the release of a new five-year American community survey published by the United States Census Bureau, every state agency, board, department or commission shall update their data collection and reporting practices as required by this section and shall continue to collect and report on any demographic group no longer included in the ten most populous groups until the release of the following five-year American community survey, at which time state agencies, boards, departments or commissions may cease to collect and report on such demographic groups provided they remain outside the ten most populous groups.
4. The data collected pursuant to the different collection categories and tabulations described in subdivision one of this section, to the degree that the data quality is sufficient, shall be included in every demographic report on ancestry or ethnic origins of residents of the state of New York by the state agency, board, department, or commission published or released on or after December first, two thousand twenty-three; provided, however, that for the department of labor, division of criminal justice services, office of mental health and office of temporary and disability assistance such requirements shall be effective July first, two thousand twenty-four. The data shall be made available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential, by posting the data on the internet web site of the agency, board, department, or commission on or before December first, two thousand twenty-three, and annually thereafter; provided, however, that for the department of labor, division of criminal justice services, office of mental health and office of temporary and disability assistance such requirements shall be effective July first, two thousand twenty-four. If the data quality is determined to be insufficient for publication, an explanation of the problem with the data quality shall be included in any report or publication made available to the public. This subdivision shall not be construed to prevent any other state agency from posting data collected pursuant to subdivision one of this section on the agency's internet web site, in the manner prescribed by this section.
5. The requirements of this section shall not apply to the department of labor, the division of criminal justice services, the office of mental health or the office of temporary and disability assistance until two years after this section shall have become a law. * NB There are 2 § 170-e's
§ 170-f. Website accessibility; contractors and vendors. Each contractor, subcontractor, vendor, consultant, or other person providing services pursuant to a state contract shall be required to conform any website provided by such contractor, subcontractor, vendor, consultant, or person in relation to and for the purpose of the provision of such services to the most current version of the Web Content Accessibility Guidelines adopted by the World Wide Web Consortium for accessibility, or any successor standards.
§ 171. Discovery and disposition of human remains and funerary objects. 1. Definitions. As used in this section:
(a) "Burial site" means any location in which human remains are interred, which is not a cemetery subject to provisions of the not-for-profit corporation law, the religious corporations law, the general municipal law, the county law, the town law or the village law.
(b) "Committee" means the Native American burial site review committee created by subdivision three of this section.
(c) "Culturally-affiliated group" means any group, including a Native American Nation or tribe, whose past or present government, or traditional culture or religion, was or is affiliated with human remains or funerary objects which are the subject of this section.
(d) "Forensic anthropologist or bioarchaeologist" means a person qualified in the medicolegal or osteological investigation/examination of human skeletal remains.
(e) "Funerary objects" means any item or items reasonably believed to have been placed with human remains at the time of burial, including but not limited to burial markers, items of personal adornment, vessels, beads, tools, implements, ceremonial objects and other artifacts.
(f) "Human remains" means the remains of any part of the body of a deceased person, excluding teeth.
(g) "Lineal descendant" means a genealogical descendant established by oral tradition, traditional Indigenous knowledge, or written record.
(h) "Native American Nation or tribe" means any Native American tribe, nation or group.
(i) "State archaeologist" means the person appointed to such office pursuant to section two hundred thirty-five of the education law.
2. Applicability. (a) This section shall apply to all lands within the state except for lands located upon any Native American territory or reservation located wholly or partly within the state.
(b) Subdivisions three, four, five, six, and seven of this section shall not apply to any project that has been reviewed pursuant to section 14.09 of the parks, recreation, and historic preservation law or to state participation in any review conducted pursuant to section 106 of the National Historic Preservation Act. If any human remains are discovered during the project, the applicant shall immediately notify the state archaeologist.
3. Native American burial site review committee. (a) There is hereby established a Native American burial site review committee consisting of the following:
(i) one member to be appointed by each of the Native American Nations or tribes recognized by the state;
(ii) the state archaeologist;
(iii) a forensic anthropologist or bioarchaeologist appointed by the executive director of the New York state museum;
(iv) the chair of the human remains committee or other designee of the New York Archaeological Council; and
(v) one member with expertise in the field of historic preservation appointed by the commissioner of the office of parks, recreation and historic preservation.
(b) The committee shall elect a chairperson from among its members. The members who are not public employees shall be reimbursed by the state for their reasonable, necessary expenses incurred in the performance of committee functions. Three-fifths of the members of the committee shall constitute a quorum for the purpose of conducting business. A majority vote of all members who have been appointed or who are serving ex-officio shall be necessary for action. Any vacancy shall be filled in the same manner as the original appointment.
(c) It shall be the function of the committee to determine the lineal descendants and/or culturally-affiliated groups for Native American human remains and funerary objects subject to this section, and to provide notice to such descendants and/or groups as provided in this section. The state archaeologist shall prepare, and the committee shall adopt, standard procedures for determining the lineal descendants and culturally-affiliated groups for human remains as required by this section, including acceptable types of proof of such descent and affiliation. Such procedures shall include dispute resolution methods to resolve disagreements among the committee members.
4. Discovery of burial site; reporting requirements. (a) Any person who in the course of any ground-disturbing activity discovers a burial site, human remains or funerary objects shall immediately cease any further disturbance of such site, remains or objects, and shall immediately report such discovery to the coroner or medical examiner in the county in which the remains were discovered. The coroner or medical examiner shall, within ninety-six hours, determine whether any actions are required pursuant to the provisions of article seventeen-A of the county law. If any such remains appear to the coroner or medical examiner to be more than fifty years old, the coroner or medical examiner shall immediately provide notice of the discovery of such remains to the state archaeologist, who shall in turn convey such notice to the other members of the committee. If no action is required under article seventeen-A of the county law, or once such actions are undertaken and no further action is required, the state archaeologist and the committee may commence their inspection or examination of the remains or objects. Any inspection or examination shall be made in situ except as necessary to comply with such article seventeen-A, this section, or to determine the age of the remains. The state archaeologist and the committee may use ground penetrating radar or other pertinent technology or equipment on any portion of the project site that has yet to be disturbed to determine if any other remains exist within the project site.
(b) The state archaeologist, or a registered archeologist or registered professional archeologist as may be designated by the state archaeologist, shall, upon receiving notice from a coroner or medical examiner of the discovery of human remains, inspect the site, remains and/or objects which are the subject of such notice. Within ten days of receiving such notice, the state archaeologist shall prepare a report thereon and provide a copy of the report to the committee and to the property owner. The report shall be based upon physical examination of the discovered burial site, remains and/or objects, and shall contain the state archaeologist's conclusion as to whether such site, remains and/or objects may be of Native American origin. In the event the state archaeologist determines there is a reasonable possibility the site contains multiple remains, an additional period of ten days may be provided for assessment by the state archaeologist in consultation with the culturally-affiliated group to determine the parameters of the site. In preparing the report, the state archaeologist may seek and obtain assistance from any employee of the regents, from the committee, and from the office of parks, recreation and historic preservation.
(c) The committee may recommend to the office of parks, recreation, and historic preservation that the site should be designated as a place of historic interest under section twelve-a of the Indian law.
5. Determination of and notification to lineal descendants or culturally-affiliated groups. (a) If the state archaeologist, the forensic anthropologist or bioarchaeologist, and the committee agree that the burial site does not wholly or partly contain human remains or funerary objects that are of Native American origin, it shall be the responsibility of the state archaeologist to determine, as soon as practicable, whether there are any reasonably ascertainable lineal descendants or culturally-affiliated groups with respect to such site, remains or objects and, immediately upon making such determination, to provide notice to such descendants or groups of the reported discovery.
(b) If the state archaeologist, the forensic anthropologist or bioarchaeologist, and the committee agree that the burial site wholly or partly contains human remains or funerary objects that may be of Native American origin, it shall be the responsibility of the committee to determine the lineal descendants or culturally-affiliated groups. Such determination shall be made as soon as practicable after the committee receives a report from the state archaeologist concerning the burial site. Immediately upon making such determination, the committee shall provide notification to such descendants or groups of the reported discovery.
(c) The committee shall have stewardship of Native American human remains and funerary objects from the time it receives notification from the state archaeologist pursuant to subdivision four of this section until the lineal descendants and/or culturally-affiliated groups receive notification from the committee pursuant to this subdivision, at which time such lineal descendants and/or culturally-affiliated groups shall have the right of possession and stewardship of such remains and objects. Upon notification to such lineal descendants or culturally-affiliated groups pursuant to this subdivision, ownership of and responsibility for the human remains and funerary objects shall vest exclusively in such descendants or groups, which shall have authority to determine their disposition subject to the provisions of this section.
(d) The state archaeologist shall have stewardship of non-Native American human remains and funerary objects from the time he or she receives notification from the coroner or medical examiner pursuant to subdivision four of this section until the lineal descendants and/or culturally-affiliated groups receive notification from the state archaeologist pursuant to this paragraph, at which time such lineal descendants and/or culturally-affiliated groups shall have the right of possession and stewardship of such remains and objects. Upon notification to such lineal descendants or culturally-affiliated groups pursuant to this subdivision, ownership of and responsibility for the human remains and funerary objects shall vest exclusively in such descendants or groups, which shall have authority to determine their disposition subject to the provisions of this section.
(e) Where a burial site contains both Native American and non-Native American human remains or funerary objects, the committee shall be responsible for the Native American burials at the site, and the state archaeologist shall be responsible for all other burials at the site. Once stewardship of each is determined, the procedures established in paragraphs (c) and (d) of this subdivision shall apply.
6. Disposition of remains and objects. (a) Within ten days after receiving notification from the state archaeologist to lineal descendants or a culturally-affiliated group, other than a Native American Nation or tribe, of the discovery of a burial site, the descendants or group shall advise the state archaeologist in writing as to the preferred disposition of the discovered remains or objects, which may include a request to protect the burial site and keep the remains interred where they were found. The state archaeologist shall consult with the property owner to try to facilitate the request of the lineal descendants or culturally-affiliated group.
(b) Within sixty days after receiving notification from the committee to a lineal descendant or culturally-affiliated group of the discovery of a burial site, the descendants or group shall advise the committee in writing as to the preferred disposition of the discovered remains or objects, which may include a request to protect the burial site and keep the remains interred where they were found. The committee shall consult with the property owner to try to facilitate the request of the lineal descendants or culturally-affiliated group.
(c) No later than ten days after receiving the report from the state archaeologist pursuant to subdivision four of this section, the property owner shall inform the state archaeologist of their decision with respect to the interment of the remains on their property. The report from the state archaeologist to the property owner shall clearly include that the property owner has ten days to notify the state archaeologist of their decision. If a property owner fails to notify the state archaeologist of their decision, the state archaeologist or the committee, as appropriate, shall abide by the decision of the lineal descendants or culturally-affiliated group.
(d) Only the state archaeologist, a registered archaeologist, or a registered professional archaeologist may touch or handle any remains or funerary objects.
7. Disposition of human remains and funerary objects, generally. (a) The property owner, their agents, assignees, employees, family members, friends, acquaintances, or any other individuals acting on behalf of such property owner, other than the state archeologist or a registered archeologist or a registered professional archaeologist hired by the property owner and acting pursuant to paragraph (d) of this subdivision, are strictly prohibited from moving, relocating, transferring, selling, possessing, touching, handling, or otherwise intentionally disturbing, in any manner, all human remains and funerary objects that are discovered on site. Except as necessary to carry out the purposes of this section, burial sites, human remains and funerary objects shall remain undisturbed after discovery and during the process established by this section.
(b) While the disposition of the remains shall be determined by the lineal descendants or culturally-affiliated group, and the property owner, the preferred disposition as a matter of policy is to have the remains stay interred where they are discovered.
(c) (i) If the lineal descendants, or culturally-affiliated group, and the property owner agree that the remains shall stay interred, the committee or state archaeologist, as appropriate, shall establish a plan of action for the preservation and protection of the remains.
(ii) If the lineal descendants or culturally-affiliated group requests that the remains be excavated and moved to a different location, the committee or state archaeologist, as appropriate, shall establish and implement a plan of action for the respectful, dignified excavation and removal of the remains.
(iii) If the lineal descendants or culturally-affiliated group advise that the remains stay interred, but the property owner notifies of their decision, as provided in this section, that the remains should be removed, the committee or state archaeologist, as appropriate, shall establish and implement a plan of action for the respectful, dignified excavation and removal of the remains. Such plan shall not be inconsistent with the provisions of this section. The committee or state archaeologist may, prior to the execution of the plan of action, consult with the property owner in an attempt to realize the request of the lineal descendants or culturally-affiliated group. The committee or state archaeologist may use a mediator, at no cost to the property owner unless mediation is requested by the property owner, as part of this process.
(d) (i) If the plan of action has not been implemented within ninety days of the notification to the state archaeologist by the coroner or medical examiner pursuant to paragraph (a) of subdivision four of this section, and any additional time provided pursuant to paragraph (b) of subdivision four of this section, the property owner may decide to excavate and remove the remains, provided that they shall engage a registered archeologist or a registered professional archaeologist, registered with the Register of Professional Archaeologists and who practices in the field of bioarchaeology or forensic anthropology, to excavate and remove the remains in a respectful and dignified manner that is not inconsistent with the provisions of this section, and provided further that the property owner may request the state archeologist to perform any such excavation or removal. The culturally-affiliated group shall have the right to have a cultural monitor on site prior to and during any excavation and removal of human remains or funerary objects. Failure of the culturally-affiliated group to have a monitor on site shall not be grounds to prohibit, prevent, or pause any excavation, removal, or other conduct as provided in this section.
(ii) If the plan of action has been substantially implemented but not completed within the ninety-day period, and any additional time provided pursuant to paragraph (b) of subdivision four of this section, the committee or state archaeologist may have one additional ten-day period to complete the excavation and removal. The state archaeologist, in consultation with the committee, where appropriate, shall determine whether the plan of action has been substantially implemented.
(iii) Any excavation and removal caused by the property owner pursuant to this paragraph shall be done at the expense of the property owner and shall be performed and supervised by the registered archaeologist, or a registered professional archaeologist, hired by the property owner pursuant to this subdivision, provided that the property owner may request the state archeologist to complete any such excavation or removal even after the ninety-day implementation period or any additional time provided in this section has expired. The culturally-affiliated group may select a cultural monitor to observe the work. Such archaeologist shall review the established plan of action with the state archaeologist or the committee, as appropriate, and act in accordance with that plan. For the purposes of this paragraph, only the state archaeologist, as provided in this section, or the registered archaeologist or registered professional archaeologist hired to perform the excavation pursuant to this subdivision may have physical contact with or otherwise disturb the remains or burial site.
(iv) The state archaeologist or committee shall make themselves available to the registered archaeologist or registered professional archaeologist forthwith for the purposes of discussing the established plan of action for the site. If the state archaeologist or committee fails to make themselves available forthwith, the registered archaeologist or registered professional archaeologist may proceed with the excavation and removal.
(v) If no plan of action has been established prior to the expiration of the ninety-day period, and any additional time provided pursuant to paragraph (b) of subdivision four of this section, the registered archaeologist or registered professional archaeologist may proceed with the excavation and removal in a professional, respectful, dignified manner that is not inconsistent with the provisions of this section.
(vi) Any remains or funerary objects excavated from the site as a result of the implementation of the process established by this paragraph shall be deposited with the New York state museum for disposition.
(vii) Notwithstanding any conflicting provision of this section, the state archeologist may at any time monitor and observe any excavation and removal performed pursuant to this section.
(e) If the state archaeologist and the committee have been unable to identify the lineal descendants or culturally-affiliated group for human remains or funerary objects, the state archaeologist shall take stewardship of the remains and shall make the recommendation for their disposition in accordance with the provisions of this section.
(f) Notwithstanding any conflicting provision of paragraph (d) of this subdivision, for project sites that contain the remains of six or more individuals, if the state archaeologist determines that additional time is necessary for the excavation of such site, an additional thirty-day period may be added before the remains can be excavated and removed by the property owner. If the state archeologist continues to find that additional time is necessary, the period before remains can be excavated and removed by the property owner may be extended multiple times in increments of thirty days. The state archaeologist must provide a copy of each such determination to the property owner in writing. The property owner may bring an action pursuant to article seventy-eight of the civil practice law and rules to review the determination of the state archaeologist pursuant to this paragraph.
8. Penalties. (a) Any person who fails to report the discovery of a burial site, human remains or funerary objects as required by subdivision four of this section shall be guilty of a class B misdemeanor, as defined in the penal law.
(b) Any person other than the state archaeologist, or a person or group with a right to remove or a right of possession or stewardship pursuant to this section, or a designee thereof, who intentionally removes human remains or funerary objects from a burial site shall be guilty of a class A misdemeanor, as defined in the penal law.
(c) Any person (i) who knowingly defaces or destroys a burial site, human remains or funerary objects, or (ii) who, knowing that a burial site, human remains, or funerary objects exist causes another person to deface or destroy such burial site, human remains, or funerary objects, or (iii) who possesses human remains or funerary objects with intent to sell such remains or artifacts, or (iv) who sells or attempts to sell human remains or funerary objects, except when authorized by law, shall be guilty of a class E felony, as defined in the penal law.
9. Enforcement. The attorney general or any aggrieved party, including the committee and any lineal descendant or culturally-affiliated group, may bring an action in supreme court in the judicial district where the remains or objects covered by this section are located to enjoin violations or threatened violations of this section, and to recover such remains or objects.
