ARTICLE 1 Short Title; Application; Definitions
Section 1. Short title. This chapter shall be known as the "County
Law".
Application of chapter. This chapter shall apply to all counties,
except that:
(a) It shall not apply to a county wholly contained within a city,
unless specifically so provided;
(b) The provisions of this chapter in so far as they are in conflict
with or in limitation of a provision of any alternative form of county
government heretofore or hereafter adopted by a county pursuant to
section two of article nine of the constitution, or any administrative
code, county government law or civil divisions act enacted by the
legislature and applicable to such county as now in force or hereafter
amended, or in conflict with any local law heretofore or hereafter
adopted by a county under an optional or alternative form of county
government, shall not be applicable to the county, unless a contrary
intent is expressly stated in this chapter.
Definition of a county. A county is a municipal corporation
comprising the inhabitants within its boundaries and formed for the
purpose of exercising such powers and discharging such duties of local
government and administration of public affairs as may be imposed or
conferred upon it by law.
ARTICLE 2 General Provisions
When county divided or boundaries altered. Whenever the
legislature divides a county or alters its boundaries, the act shall
provide the method and manner of the disposition of assets and
apportionment of liabilities of such county or counties.
Actions by or against a county. Actions or proceedings by or
against a county shall be in the name of the county.
Presentation of claims for torts; commencement of actions. 1.
Any claim or notice of claim against a county for damage, injury or
death, or for invasion of personal or property rights, of every name and
nature, and whether casual or continuing trespass or nuisance and any
other claim for damages arising at law or in equity, alleged to have
been caused or sustained in whole or in part by or because of any
misfeasance, omission of duty, negligence or wrongful act on the part of
the county, its officers, agents, servants or employees, must be made
and served in compliance with section fifty-e of the general municipal
law. Every action upon such claim shall be commenced pursuant to the
provisions of section fifty-i of the general municipal law. The place
of trial shall be in the county against which the action is brought.
2. This section shall not apply to claims for compensation for
property taken for a public purpose, nor to claims under the workmen's
compensation law.
Liability of county for torts. 1. Upon compliance with section
fifty-two each county shall be liable under the same rules of law
applicable to the state, for damage or injury, or death, to person or
property sustained by reason of the torts of its officers, agents,
servants and employees.
2. Notwithstanding the provisions of any law defining real property
owned by tax title or owned for purposes of reimbursement of assistance
granted, as held and used for a public purpose, no county shall be
liable by reason of such property being defective, out of repair, unsafe
or dangerous, unless the county is in the actual physical possession,
control and operation thereof as owner, or deriving a direct income
therefrom; and with no greater liability than that imposed upon the
individual owner of property.
3. Nothing herein shall repeal or modify the exclusive liability as
imposed and provided in the workmen's compensation law.
Personal liability of heads of agencies. No head of any agency,
department, bureau, or office of a county shall be liable to respond in
damages to the county or to any other person for any act or omission of
any employee of the county employed within the agency, department,
bureau, or office of which he is such head. Any lawful claims which but
for this section would be claims against such head of an agency,
department, bureau, or office shall be lawful claims against the county
and shall be deemed to be the liability of the county. Nothing
contained herein, however, shall be deemed to relieve the head of any
agency, department, bureau, or office of liability to the county or to
any other person for his own act or omission to act, nor be deemed to
impose any new liability upon the county for any act or omission of such
head of any agency, department, bureau, or office to which the county
was not lawfully subject prior to the taking effect of this act.
County websites. Any county which maintains a website shall use
a ".gov" domain name for such website.
ARTICLE 3 Referendum
Mandatory referendum. When a resolution of the board of
supervisors is subject to a mandatory referendum, such board shall by
resolution cause such resolution to be submitted to a vote of the
qualified electors of the county for their approval or disapproval at a
general or special election. Except as otherwise provided by law, the
resolution shall fix a date not less than forty-five days after its
adoption on which the proposition is to be submitted at such general or
special election.
Permissive referendum. 1. A resolution of the board of
supervisors which is subject to a permissive referendum shall be subject
to referendum on petition. Within ten days after the adoption by the
board of supervisors of any resolution which is subject to a permissive
referendum, the clerk of the board of supervisors, in the same manner as
provided for notice of a special election, shall cause a notice to be
published at least once in the official newspapers and in such other
newspapers as the board may designate. Such notice shall contain the
number, date of adoption, a true copy of the resolution and a statement
that such resolution is subject to a permissive referendum.
2. A resolution of the board of supervisors which is subject to a
permissive referendum shall not take effect until forty-five days after
its adoption; nor unless it is approved by the affirmative vote of a
majority of the qualified electors of the county voting on a proposition
therefor, if within forty-five days after its adoption there be filed
with the clerk of the board of supervisors a petition signed by
qualified electors of the county in number of not less than ten per
centum of the total vote cast for governor in said county at the last
general election held for the election of state officers. Such petition
shall state that a referendum vote is requested on such resolution,
describing the same by its number and date of adoption, and shall
contain an abstract of the text. The petition may consist of separate
sheets and the signatures to each sheet shall be authenticated in the
manner provided by the election law for the authentication of a
designating petition. The several sheets so signed and authenticated
when fastened together and offered for filing shall be deemed to
constitute one petition. The clerk of the county legislature shall
examine each such petition so filed with him and shall not later than
thirty days after the date of its filing transmit to the board of
supervisors a certificate that he has examined it and has found that it
complies or does not comply, as the case may be, with all the
requirements of law.
3. Proceedings may be instituted and maintained to contest the
sufficiency and validity of any petition provided for in this article,
in the manner provided by the election law, as though such petition were
a designating petition. If the petition be sufficient and valid, a
proposition for the approval of such resolution shall be submitted at an
election pursuant to subdivision four of this section.
4. Within thirty days after the adoption of a resolution which is
subject to a permissive referendum, the board of supervisors may of its
own motion by resolution provide that such resolution be submitted to a
vote of the qualified electors of the county to be held at a general or
special election held not less than sixty days after the adoption of the
resolution providing for such special or general election. A resolution
adopted pursuant to the preceding sentence may not thereafter be
rescinded. Any proposition required to be submitted pursuant to
subdivision three of this section shall be submitted at the next general
election of state or county government officers held in such county not
less than sixty days after the filing of the petition requesting the
referendum, unless the petition requests and the board of supervisors
adopts a resolution submitting such proposition at a special election
held not less than sixty days after the adoption of the resolution
providing for such special election.
Procedure on mandatory and permissive referendum. 1. The
resolution shall recite the form of the proposition, which shall contain
a brief statement of the text of the resolution together with its
number. The clerk of the board of supervisors shall transmit such
proposition forthwith to the board of elections of the county. A
sufficient number of copies of such proposition and abstract shall be
printed and made available to the electors at the time of registration
or otherwise in advance of the election, and in addition, a sufficient
number of copies shall be delivered with the other election supplies,
and distributed to the electors at the election. If there be more than
one such proposition to be voted upon at such election, each proposition
shall be separately and consecutively numbered.
2. The board of elections shall cause any such proposition to be
submitted to the qualified electors of the county in the manner provided
in the election law. The method and manner of submission, preparation
and provision of ballots and ballot labels, use of voting machines,
qualification of voters, correcting registers, and conducting the
election, canvassing the result and making and filing the returns, and
all other procedure with reference to the submission of any such
proposition, shall be the same as in the case of any other proposition
to be submitted to the electors of a county at a general or special
election as provided by law. If a majority of the votes cast on any
such proposition shall be in the affirmative, the resolution shall be
approved.
Repeal of resolution by board. Not less than twenty days prior
to the election at which a resolution is to be voted upon by the
electors of the county for approval or disapproval, the board of
supervisors may, except as otherwise expressly provided in subdivision
four of section one hundred one, reconsider its action thereon and
repeal such resolution, whereupon the proposition for its approval shall
not be submitted at such election, or, if submitted, the vote of the
electors thereon shall be without effect.
Submission of proposition or question. Except as provided by
the municipal home rule law, a proposition or question required by or
pursuant to law to be approved by the qualified electors of the county
shall be submitted in the manner provided by section one hundred two of
this article.
Law applicable to conduct of elections at which ballot
questions are submitted to all the voters of a county. The provisions of
the election law or any other law relating to the submission of
questions at general elections, so far as the same are applicable and
not inconsistent with this article, shall apply to the conduct of all
elections at which questions are submitted to all the voters of a
county. Where a specific provision of law exists in any other law which
is inconsistent with the provisions of the election law, such provision
shall apply unless a provision of the election law specifies that such
provision of the election law shall apply notwithstanding any other
provision of law.
ARTICLE 4 Board of Supervisors
Board of supervisors constituted. The supervisors of the
several cities and towns in each county, when lawfully convened, shall
constitute the board of supervisors of the county.
County legislative body, other than board of supervisors. 1.
All the functions, powers, obligations and duties which by law are
possessed by or vested in the board of supervisors of a county may be
exercised by an elected county legislative body, by whatsoever name
designated, which shall, pursuant to law, or order or judgement of a
court of competent jurisdiction, be established in place of the board of
supervisors of such county. All acts heretofore performed by such
elected county legislative body shall be valid if and to the extent that
they would have been valid if performed by the board of supervisors of
such county.
2. Whenever the board of supervisors of a county is referred to or
designated in any law, contract or document pertaining to any of the
functions, powers, obligations and duties of such board, such reference
or designation shall be deemed to include the elected county legislative
body, by whatsoever name designated which, pursuant to law, or order or
judgement of a court of competent jurisdiction, shall have been
established in place of the board of supervisors.
Organization of board. 1. The members of the board of
supervisors shall organize the board and select a chairman on or before
the eighth day of January in each year. The board shall annually, by
resolution duly adopted during the month of December, fix the date, time
and place of the meeting to organize the board. The board may provide by
local law that the members of the board shall meet to organize and
select a chairman on or before the eighth day of January in each
even-numbered year. The clerk of the board of supervisors shall serve
upon each member a notice stating the date, time and place of each
meeting to organize the board and that a chairman will then be selected.
The notice shall be in writing and shall be served by mail addressed to
each member at his last known post-office address at least forty-eight
hours before the date of the meeting.
2. In the event of the death, inability or failure of the clerk of the
board of supervisors to call any such meeting or to serve such notices,
the county clerk of the county shall call the meeting to organize the
board and select a chairman on or before the fifteenth day of January
following. Notice of such meeting shall be served by the county clerk in
like manner and time as provided for service of notice by the clerk of
the board in subdivision one.
3. At such organization meeting, or at an adjourned meeting not later
than February first, the board shall select a chairman and may select a
vice-chairman.
4. The term of office of the chairman shall expire at the end of the
calendar year in which he is selected, unless the board shall provide by
local law for the selection of the chairman in January of each even
numbered year, in which event the term of office of the chairman shall
be for a term expiring with that of his term of office as supervisor.
5. In the event of a failure of the board of supervisors to select a
chairman on or before February first, the county clerk of the county
shall appoint a member of the board as chairman, who shall serve until
the end of the calendar year in which he is appointed.
6. In the absence of the chairman and the vice chairman, if one has
been selected, at any meeting of the board of supervisors, the members
present and voting, by majority vote, shall select a member of the board
to serve as acting chairman at such meeting. The acting chairman shall
have and exercise all the powers and duties of the chairman at the
meeting over which he is called to preside.
6-a. In the absence of the chairman, the vice-chairman, if one has
been selected:
a. shall preside over each duly constituted meeting of the board;
b. shall have and exercise all the powers and duties of the chairman
at any meeting over which he is called to preside;
c. shall have and exercise those additional powers and duties
authorized by resolution of the board, provided such resolution shall
specify:
(i) the dates during which the vice-chairman may exercise those powers
and duties; and
(ii) that the powers and duties authorized to the vice-chairman shall
not be exercised by the chairman during that designated time period.
7. In case of a vacancy in the office of chairman, the clerk of the
board of supervisors shall call a meeting of the members of the board
upon like notice as provided in subdivision one, at which a successor
shall be selected chairman who shall be a member of the board. The
person so selected shall serve as chairman of the board for the
unexpired term of the previous chairman. In the event of the failure of
the board to select such chairman within thirty days after the vacancy
shall have occurred, the county clerk shall appoint a member of the
board as chairman, who shall serve until the end of the calendar year in
which he is appointed.
Meetings of the board. 1. The board of supervisors shall, in
addition to the meeting to organize the board, hold regular meetings at
stated intervals.
2. Special meetings shall be held at the call of the clerk of the
board upon direction of the chairman, or at the call of the clerk of the
board upon direction of the vice-chairman provided that upon convening,
a majority of the members of the board pass a resolution ratifying such
call or upon written request signed by a majority of the members of the
board. Notice in writing stating the time, place and purpose of the
special meeting shall be served personally or by mail upon each member
by the clerk of the board at least forty-eight hours before the date
fixed for holding the meeting or a member may waive the service of the
notice for such meeting by a writing signed by him. Only business
specified in the notice thereof may be transacted at a special meeting.
3. Any meeting of the board of supervisors may be adjourned from time
to time. All meetings of the board shall be public.
4. No action of such board changing the place of meeting where such
board has regularly met to any other city, town or village in the county
shall be valid unless approved by the affirmative vote of at least
three-quarters of the total membership of such board.
Rules of procedure. 1. A power of the county, whether in terms
vested in the county or in the board of supervisors shall, except as
otherwise expressly provided, be exercised through a local law or
resolution duly adopted by the board.
2. A majority of the whole number of the members of the board of
supervisors shall constitute a quorum for the transaction of business,
but a less number may adjourn.
3. Each local law or resolution shall have a title prefixed concisely
stating the contents.
4. Whenever in this chapter or other general, special or local law,
the board of supervisors is authorized or required to act, and no
proportion of the voting strength for such action is otherwise
prescribed, such action shall be taken by the affirmative vote of a
majority of the total membership of the board. A roll call shall be
taken and entered by the clerk in the minutes of its proceedings when
required by law or upon request of any member of the board.
5. All resolutions shall become effective upon their adoption, or as
otherwise provided by this chapter or other law or as specified in the
resolution.
6. Subject to the restrictions provided in this chapter or other law,
the board of supervisors shall have power to amend, repeal or supersede
any local law or resolution theretofore adopted.
7. The board of supervisors shall have power to compel the attendance
of members at regular and special meetings of the board and at committee
meetings. In all cases of absence during any regular or special meeting
of the board, or any committee meeting called pursuant to written
notice, the board of supervisors may impose a penalty not exceeding
fifty dollars for each non-attendance without sufficient excuse as the
rules shall provide. Absence by reason of performance of official duty
for the county, or absence occasioned by attendance at a meeting of the
town board of a town, or absence occasioned by the performance of any
other official duty, shall at all times be deemed a sufficient excuse.
8. Except as otherwise expressly provided, the board of supervisors of
each county shall determine the rules of its own proceedings. Unless
the rules of the board otherwise provide, no rule may be suspended
except by the unanimous vote of the members present and voting at any
regular or special meeting of the board.
9. The terms "whole number of the members of the board" and "whole
number of its membership, " as used in this chapter, shall be construed
to mean the total number which the board of supervisors would have were
there no vacancies and were none of the supervisors disqualified from
acting.
Committees. 1. The board of supervisors may create standing
committees for the purpose of aiding and assisting the board in the
transaction of its business. Any local law or resolution creating any
such committee shall specify the powers, duties and number of its
members. A member of any standing committee shall serve until the end of
the calendar year in which he shall have been selected, unless the board
shall have fixed a different period, but in any event not longer than
the term for which he shall have been elected as a supervisor.
2. The board may from time to time create special committees. Any
resolution creating a special committee shall specify the powers and
duties of the committee and the number of its members. Each member of
any special committee shall serve for the period specified in such
resolution but in any event not longer than the term for which he shall
have been elected as a supervisor.
3. Members of all standing and special committees shall be appointed
by the chairman of the board from its membership.
4. Vacancies in standing and special committees shall be filled by the
chairman of the board from its membership.
5. The board may authorize committees to accept advice and counsel of
citizens not members of the board.
6. Nothing herein shall be deemed to authorize the delegation of any
of the powers, duties or responsibilities of the board of supervisors or
of any officer except as otherwise expressly authorized by law.
ARTICLE 5 General Powers of Board of Supervisors
Compensation of supervisors. 1. Notwithstanding the election of
a supervisor for a fixed term, the board of supervisors of each county
shall have power from time to time to fix the compensation of its
members for services rendered to the county. Except as hereinafter
provided, such compensation shall be an annual salary and shall be in
lieu of all fees, charges or compensation for all services rendered to
the county. Each supervisor shall be entitled to receive an equal
amount, except the chairman and the majority and minority leaders of the
board, who may be paid an additional amount. Until otherwise provided,
the compensation to be paid by a county to each member of the board of
supervisors shall be the amount authorized to be paid therein for the
year nineteen hundred fifty.
2. Upon the adoption of a proposition therefor submitted as provided
in this chapter, the members of the board of supervisors of a county, in
lieu of an annual salary, may be paid a salary for board meetings and
per diem compensation for committee work, or per diem compensation for
both board meetings and committee work. The proposition may be initiated
by a resolution of the board of supervisors or by a petition duly
subscribed by electors of the county qualified to vote at a general
election of county officers, in number equal at least to five per centum
of the total vote cast for governor in said county at the last general
election held for the election of governor. Such petition shall be
acknowledged or authenticated in the same manner as provided by the
election law for a designating petition. The proposition may be
submitted at either a general or a special election as provided by a
resolution of the board of supervisors, and shall become effective at
the commencement of the fiscal year next following its adoption. Moneys
appropriated to pay salaries of members of the board of supervisors for
such next succeeding fiscal year, shall continue to be available to pay
the compensation of the members of such board earned during such fiscal
year in accordance with the proposition as adopted. If such proposition
be adopted, no further vote shall be submitted before the fifth year
thereafter.
3. The salary, or the rate of per diem compensation, or both, as the
case may be, fixed and paid during a fiscal year shall not exceed the
salary or rate as specified in the notice of the public hearing on the
tentative budget prepared for such fiscal year, published pursuant to
section three hundred fifty-nine of this chapter.
Compensation of officers. Notwithstanding the provisions of any
general law other than this chapter or of any special law to the
contrary, each board of supervisors shall fix the salary of all officers
paid from county funds, except the members of the judiciary. Such salary
shall be in lieu of all fees, percentages, emoluments or other forms of
compensation payable for services rendered in the performance of the
powers and duties of the office; provided however, that any such officer
(1) required by law to reside at a county institution or (2) authorized
by resolution of the board of supervisors, may be furnished maintenance
or any part thereof at a county institution. Such maintenance furnished
on or after the first day of January, nineteen hundred fifty-five shall
be defined and the fair value thereof determined by resolution of the
board and the amount so determined shall constitute part of the salary
fixed for any such officer.
All fees, percentages, emoluments or other compensation received by
any such officer by virtue of his office from whatever source shall
belong to the county and be paid into the county treasury monthly on or
before the tenth day of the month. Each such deposit shall be
accompanied by a statement in summary form of the sums so paid. The
salary of any such officer elected or appointed for a fixed term shall
not be increased or diminished during the term of his office, except as
the same may be increased as provided in paragraph h of subdivision two
of section twenty-four of the municipal home rule law, and except as the
same may be increased in accordance with a schedule providing higher
rates of compensation through additional increments of salary based on
time service. No new or amended schedule applicable to any such officer
shall be enacted during the term of his office, except as provided in
paragraph h of subdivision two of section twenty-four of the municipal
home rule law. This chapter shall not authorize any increase or decrease
in compensation prohibited by section twelve of article thirteen of the
state constitution. The compensation of a county officer appointed for
an indefinite term may be increased or diminished at any time. The
compensation of a coroner, coroner's physician or medical examiner may
be fixed at an annual salary or upon a per diem basis. Where coroners
are compensated upon an annual salary basis, the salary of each shall be
in the same amount except that the board of supervisors may determine by
majority vote to pay annual salaries in different amounts and in such
cases the salaries may be fixed accordingly.
This section shall not apply to the compensation of the members or of
the chairman of the board of supervisors.
Publication of compensation and expenses of supervisors in
certain counties. In those counties wherein the compensation of
supervisors is fixed on a per diem basis, the clerk of the board of
supervisors in the month of February of each year shall cause to be
published in the official newspapers and in such other newspapers as may
be directed by the board, and for such number of insertions as the board
may determine, a statement of the number of days the board was in
session, and the compensation and expenses paid to each member for board
sessions and committee work during the preceding fiscal year.
Expenses incurred in the performance of official duty. 1. The
actual and necessary expenses of all officers and employees, other than
supervisors, paid from county funds incurred in the performance of their
official duties, and the actual and necessary expenses of all
supervisors incurred in the performance of powers and duties of the
county, shall be a county charge.
2. The board of supervisors may authorize the payment of a reasonable
mileage allowance for:
(a) the miles actually and necessarily traveled on official business
by any such officer or employee, other than a supervisor, by the use of
his own automobile; and
(b) the miles actually and necessarily traveled on official business
of the county by any supervisor by the use of his own automobile,
including travel on official business of the county in going from and
returning to his residence.
3. Whenever the board of supervisors is directed or empowered by law
to appoint a commission or board, by whatever title known, to render a
service for the county, such board of supervisors may provide for the
audit and payment of actual and necessary expenses incurred in the
performance of duties including the mileage allowance.
4. No supervisor, officer or employee shall be allowed or paid any
lump sum in lieu of actual and necessary disbursements incurred by him.
Positions of employment. In addition to those positions of
employment specifically provided by law, the board of supervisors shall
have power to establish positions of employment and may abolish the
same. The establishment and abolition of such positions may be by local
law, by resolution or by the adoption of the budget. Rules may be
adopted providing for the temporary transfer of employees from one
office or department to another as authorized by the civil service law.
Except as otherwise provided by law, all officers paid from county
funds and all boards or commissions, by whatever title known, shall
appoint or employ all subordinates and employees in their respective
offices and departments.
Compensation of employees. Subject to the constitution and the
civil service law but notwithstanding the provisions of any other
general law or of any special law to the contrary, the compensation of
all employees paid from county funds shall be fixed by the board of
supervisors. The board of supervisors may adopt schedules of
compensation and grades with minimum and maximum salaries. Per diem or
per hour schedules of compensation may be adopted for those employees
not paid on a salary basis and under such rules as the board may
determine. Officers may be authorized to fix per diem or per hour rates
of compensation for temporary employment.
Subject to the civil service law and rules relating to promotions, the
compensation of employees may be increased or diminished at any time.
The compensation paid to any employee shall be in lieu of all fees,
percentages, emoluments or other form of compensation payable for
services rendered to the county by virtue of his employment; provided
however, that any employee (1) required by law to reside at a county
institution or (2) authorized by resolution of the board of supervisors,
may be furnished maintenance or any part thereof at a county
institution. Such maintenance furnished on or after the first day of
January nineteen hundred fifty-five shall be defined and the fair value
thereof determined by resolution of the board and the amount so
determined shall constitute part of the compensation fixed for any such
employee.
All fees, percentages, emoluments or other compensation received shall
be the property of the county and be paid into the county treasury
monthly on or before the tenth day of the month. Each court stenographer
shall be entitled to retain to his own use, in addition to the amount
fixed by the board of supervisors for regular services, the fees and
other compensation prescribed by law or certified by a presiding judge
pursuant to law, for transcribing and furnishing a copy of the minutes,
testimony or exhibits taken or produced in any civil or criminal action
or proceeding.
Any physician or dentist employed by the E. J. Meyer Memorial
Hospital, by the Westchester county medical center, or by the Nassau
county medical center shall be entitled to receive fees, in addition to
the amount fixed by the respective county legislature for regular
services, for private professional services rendered in accordance with
the provisions of section one hundred thirty of the general municipal
law.
Certain pilot projects. Any county operating a county
hospital employing physicians and dentists pursuant to a pilot project
approved by the public health and health planning council, whereby such
physicians and dentists may receive fees for private professional
services rendered in accordance with section one hundred thirty of the
general municipal law in addition to the amount of remuneration fixed by
the respective county legislative bodies for regular services, shall be
required to adopt rules and regulations to govern such fees. Such rules
and regulations shall be subject to the approval of the public health
and health planning council.
Hours of work and office hours. 1. Subject to the constitution
and general laws of this state and to the rules and regulations made
pursuant thereto, the board of supervisors may fix the number of hours
constituting a legal day's work for all classes of employees of the
county and grant to the employing officer or board the power to stagger
working hours. Time lost in any week because of inclement weather may be
made up during that week and the succeeding three weeks. Nothing herein
shall impair the effect of any official proclamation during an
emergency.
2. The board of supervisors may fix the hours that the offices of the
county clerk, county treasurer, clerk of the board of supervisors and
civil office of the sheriff shall be kept open for the transaction of
business. If the board of supervisors does not fix the hours that the
offices described in this subdivision shall be kept open for the
transaction of business, then those offices shall be kept open for the
transaction of business every day from at least nine o'clock in the
forenoon to five o'clock in the afternoon, except Saturdays, Sundays and
holidays. During the months of July and August, such offices shall be
kept open from at least nine o'clock in the forenoon to four o'clock in
the afternoon of each day, except Saturdays, Sundays and holidays.
3. If a holiday falls on a Saturday, the offices described in
subdivision two hereof may close on the day before.
4. The board of supervisors may fix office hours not inconsistent with
this chapter or other law.
Business in county offices on holidays and Saturdays. 1.
Notwithstanding the provisions of any general or special law, holidays
and Saturdays shall be considered as Sunday for all purposes relating to
the transaction of business in county offices in every county of the
state, except in a county wholly contained within a city. On all other
days, except Sundays, such offices shall be kept open for the
transaction of business. For the purposes of this section, the term
"county offices" shall mean all offices, the officers or employees of
which are paid in whole or in part from county funds.
2. Whenever the last day on which any paper shall be filed or act done
or performed in any such office expires on Saturday, Sunday, public
holiday or a day when such office is closed for the transaction of
business, the time therefor is hereby extended to and including the next
business day such office is open for the transaction of business.
3. Notwithstanding the foregoing provisions of this section, the motor
vehicle section of a county clerk's office may, by resolution of the
board of supervisors, be kept open on Saturdays during the month of
January.
Vacations; sick leaves; leaves of absence. 1. Notwithstanding
the provisions of any general law other than this chapter or of any
special law to the contrary, the board of supervisors shall have power
to fix and regulate the granting with or without pay of vacations, sick
leaves and leaves of absence, to employees paid from county funds. The
employing officer in any department, board or commission may grant to
such employees vacations, sick leaves and leaves of absence under rules
fixed by the board of supervisors.
2. Vacations with pay shall not be for less than two weeks in each
year for all employees who shall have been in the employ of the county
at least one year. Leaves of absence shall not be in excess of one year.
3. Nothing herein shall be deemed to affect, impair or supersede the
provisions of section sixty-three of the public officers' law, or
sections one hundred seventy, two hundred forty-five or two hundred
forty-six of the military law.
Books and records. 1. Whenever any public record, book, map or
paper has become obliterated or unfit for further public inspection and
use, the board of supervisors, upon a certificate of the county judge or
a supreme court justice of the judicial district to the effect that
transcripts or copies should be made and certified for future public
inspection and use, shall direct and provide for such transcripts or
copies to be made by the officer having custody thereof. Upon
certification by such county judge or supreme court justice that the
same have been examined, and the manner, contents and form thereof are
approved, such certified transcripts or copies shall be deemed to take
the place of the originals for all purposes of public inspection, use
and evidence.
2. Except as otherwise provided by law and subject to reasonable rules
and regulations of the officer having custody thereof, all records,
books, maps or other papers recorded or filed in any county office,
shall be open to public inspection, and upon request, copies shall be
prepared and certified; and, except where another fee is prescribed by
law, such officer upon the payment of a fee of twenty cents for each
folio, shall furnish such certified copy. Upon request and after
diligent search, if no record be found, such officer shall be entitled
to receive a fee of one dollar for certification thereof.
3. In addition to the provisions of the real property law, each board
of supervisors, by resolution, may authorize the purchase and
installation of equipment to photograph or microphotograph, or otherwise
reproduce upon film such records, maps or other papers as may be deemed
advisable; and may provide for the purchase of supplies and necessary
files for the preservation of the same. When duly certified, such
reproduction shall be deemed an original record for all purposes of
public inspection, use and evidence; and a transcript, exemplified or
certified copy shall for all purposes be deemed such a transcript,
exemplified or certified copy of the original. When inconsistent with
the use of entry in record books, such record books may be dispensed
with. The fee shall be twenty cents for each folio, together with the
fee for certification or exemplification thereof.
4. Each officer, so far as practicable, shall complete all incomplete
books and records of which he shall have custody and control by signing
and certifying such completion in his own name and giving the date
thereof. The county clerk shall complete only such records and minutes
in actions or proceedings as are ordered completed by the respective
county or supreme court having jurisdiction over such action or
proceeding.
5. Each officer shall execute and deliver all necessary deeds,
releases, discharges, ratifications or other documents and papers to
fulfill any duty imposed by law upon his predecessor in office. Any
liability of a sheriff resulting from the execution and delivery of a
document required by law on behalf of a predecessor in office shall be
determined to be the liability of the sheriff during whose term of
office the error, mistake or cause of damage arose.
Investigations. The board of supervisors is empowered to
conduct an investigation into any subject matter within its
jurisdiction, including the conduct and performance of official duties
of any officer or employee paid from county funds and the accounting for
all money or property owned by or under the control of the county. The
power to conduct investigations may be delegated to a committee of the
board. The chairman of the board and any member of such committee may
issue a subpoena requiring a person to attend before the board or such
committee and be examined in reference to any matter within the scope of
the investigation, and in a proper case to produce all books, records,
papers and documents material or relevant to the investigation. A
subpoena issued under this section shall be regulated by the civil
practice law and rules. The chairman of the board and any member of such
committee may administer the oath to any witness and adjournments may be
taken from time to time.
Examination and post audit. The board of supervisors may at any
time cause an examination and post audit to be made of the books,
records and papers pertaining to the money, funds or other property
belonging to the county, or over which the county shall have control.
Such examination and post audit may be made by a standing or special
committee or by auditors employed for the purpose.
Printed and electronically recorded proceedings of the board.
1. The board of supervisors of each county, as soon after the close of
each calendar year as practicable, shall cause to be printed in bound
volume or recorded by electronic means, or both, copies of its
proceedings, certified by the clerk of the board as a true copy. Such
printed volume or electronic record shall contain all local laws
consecutively numbered and all resolutions adopted by the board during
the year. The printed volume or electronic record of proceedings may
include reports of committees, officers and state departments. The board
of supervisors may direct the printing or electronic recording in
summarized or tabular form of county audits, town budgets, reports of
bonded indebtedness, tax statements, official canvass and such
proceedings as it shall determine to be in the public interest. At least
one copy of such volume or electronic record shall be filed with or
electronically transmitted to the county clerk and each city and town
clerk within the county. At least one copy shall be filed with or
electronically transmitted to the state librarian. Additional copies may
be printed or electronically recorded and distributed in the discretion
of the board.
Such annual volume or electronic record when certified by the clerk as
a true copy, shall constitute and become the book of records and
proceedings of such board.
2. The board of supervisors may cause to be printed or electronically
recorded after each session, copies of its proceedings for distribution
among its members, county officers or for exchange with other counties.
The board may also cause copies of such proceedings to be published
after each session in such newspaper or newspapers, and for such period
of time, as may be designated.
3. The board of supervisors of each county shall ensure that a printed
copy is available upon request.
4. For purposes of this section, the terms "electronic means",
"electronic record or recording" and "electronically transmitted" shall
generally refer to the recording, copying and transfer of data by means
of a computer, computer disk or directly over the internet.
Designation of depositaries. All moneys received by the county
treasurer shall be deposited and secured in the manner provided by
section ten of the general municipal law. Nothing herein shall be deemed
to limit the power of a court of competent jurisdiction or of the state
comptroller to make directions concerning deposits of court and trust
funds.
Designation of newspapers; official publications. 1.
Concurrent resolutions, election notices and official canvass. The
members of the county legislative body, whether such body be denominated
board of supervisors, county legislature or otherwise, or, in the city
of New York, of the council of such city representing respectively each
of the two principal political parties into which the people of the
state are divided, shall designate annually the newspaper published
within the county to publish the concurrent resolutions of the
legislature. Such designation shall be in writing and signed by a
majority of the members representing each of said political parties. In
making such designation, consideration shall be given to the newspapers
advocating the principles of such political party, the support of its
nominees and the extent of the circulation in the county. However the
fact that a newspaper is an independent newspaper not advocating the
principles of any political party shall not disqualify it from
consideration. If there be but one newspaper published in the county,
such newspaper shall be designated. The designation shall be filed with
the clerk of the county legislative body or, in the city of New York,
with the clerk of the council of such city, who shall not later than
January tenth cause notice of the name and address of such newspaper or
newspapers to be forwarded to the secretary of state. In like manner
the members of the county legislative body or, in the city of New York,
of the council of such city representing each of the two principal
political parties into which the people of the state are divided, shall
designate the newspaper published within the county to publish the
election notices issued by the secretary of state and the newspaper to
publish the official canvass. In the event of a failure so to designate
in any year, or if either of such political parties has no
representatives among the body or, in the city of New York, council
membership, the last newspaper designated by the members of such party
shall be deemed duly designated.
2. Local laws and notices. The board of supervisors shall annually
designate at least two newspapers published within the county as
official newspapers for the publication of all local laws, notices and
other matters required by law to be published. In such designations
consideration shall be given to those newspapers advocating the
principles of the two major political parties into which the people of
the state are divided and their general circulation throughout the
county. However the fact that a newspaper is an independent newspaper
and not advocating the principles of any political party shall not
disqualify it from consideration. If there be but one newspaper having
circulation in the county, that newspaper shall be designated. Except as
otherwise provided by law, the clerk of the board shall cause a true
copy of each local law to be published in such official newspapers at
least once a week for two successive weeks, the first publication of
which shall be had within ten days after such local law has become
effective; provided, however, that any local law which is subject to a
permissive referendum shall be published in such official newspapers at
least once a week for two successive weeks, the first publication of
which shall be had within ten days after such local law is adopted.
Legalizing acts shall be published as provided in section two hundred
twenty-seven. Nothing herein shall be deemed to prevent the designation
of additional newspapers for any publication and such designation shall
be deemed an official newspaper for the particular publication.
3. Erie county. The provisions herein requiring the designation of
official newspapers for the publication of election notices and official
canvass shall not apply to the county of Erie.
County property; general provisions. 1. The board of
supervisors shall have the general care and control of the corporate
real and personal property of the county.
2. All contracts and conveyances made by or to the county, or on its
behalf, shall be made in the name of the county.
3. The board may acquire by purchase or condemnation and accept by
gift real and personal property for lawful county purposes. The board
may also lease for county purposes real property for terms not exceeding
five years with the privilege of renewal, except that in the county of
Cattaraugus the board may, subject to referendum provided in section
twenty-four of the municipal home rule law, lease for county purposes
real property for terms not exceeding ten years with the privilege of
renewal. Parking areas may be regulated and a reasonable charge imposed.
Necessary buildings may be erected, altered, remodelled and otherwise
improved. Such buildings may be named, maintained and kept in repair,
furnished and equipped for such public purposes. Adequate insurance of
all types may be provided. When not otherwise provided by law, the board
of supervisors may employ a custodian of any building or buildings and
the grounds in connection therewith, or such custody may be made the
duty of any county officer.
4. Upon the determination by the board of supervisors that county real
property is not required for public use, such property may be leased for
a term not exceeding five years upon such terms and conditions as may be
prescribed by the board in the same manner and with the same rights and
privileges as if owned by an individual.
5. When the board of supervisors shall determine that any county real
property is no longer necessary for public use such board by resolution
adopted by the affirmative vote of two-thirds of the total membership of
the board taken by roll call and entered in the minutes, may sell and
convey all the right, title and interest of the county therein.
6. Such property may be sold or leased only to the highest responsible
bidder after public advertisement.
7. The income and proceeds of lease and sale of any county real
property may be applied toward the payment of the cost of new sites and
buildings or expended for other lawful county purposes.
8. The provisions of subdivisions four, five, six and seven of this
section shall not apply to the disposition of real property acquired
pursuant to section eight hundred fifty of this chapter, acquired by tax
title or accepted for welfare assistance, or to lands purchased or
acquired for highways or canals.
9. The sale or other disposition of personal property no longer
necessary for public use, together with the application of the proceeds
thereof, shall be in accordance with rules and regulations adopted by
the board of supervisors, except as otherwise provided by law.
10. Nothing herein shall be construed to authorize the sale or lease
of any county property where such disposition is prohibited or
restricted by law.
11. The board of supervisors shall have the power, by resolution or
local law, to adopt and enforce rules, regulations or ordinances
covering the use of, parking on, and traffic in and through, any
county-owned or county-leased property, except as to any roads or other
property under the jurisdiction and control of the state of New York or
any of its agencies. The board shall have the power to provide that the
violation of any one or more of such rules, regulations, or ordinances
(a) shall constitute on offense and that a person guilty of such offense
may be punished by a fine of not exceeding one hundred dollars, or by
imprisonment not exceeding thirty days, or by both such fine and
imprisonment, or, in the alternative, (b) shall be enforced by
prescribing a penalty not exceeding one hundred dollars in any one case,
to be recovered in a civil action in any court having jurisdiction
thereof, which action shall be brought in the name of the county.
Location of county offices. The board of supervisors shall have
power to select and change the site of any county office or building
within the county except as hereinafter provided. No site or location
for any county jail shall be selected or acquired by such board of
supervisors which shall not have been approved by the state commission
of correction. No courthouse, civil office of the sheriff, office of the
county clerk, county treasurer, clerk of the board of supervisors or
board of elections, now or hereafter located in a city or village, shall
be removed beyond the limits of such city or village without the
approval of a proposition therefor by the affirmative vote of a majority
of the qualified electors of the county voting thereon at a general or
special election. The clerk of the board of supervisors shall cause a
notice of such election to be published in the official newspapers once
a week for six weeks previous to such election; and shall on or before
the first day of publication cause such notice to be posted upon the
bulletin board at the office of each city and town clerk in the county.
The notice shall state the time of the election, the name of the office
or building and the proposed site thereof by a description in general
terms sufficient for readily identifying the proposed site. The clerk
shall cause a certificate to be filed with the board of elections
stating the proposition to be submitted on or before the first
publication. Nothing herein shall be deemed to dispense with any
required approval of a site or building by any state officer or
department. In the event the board of supervisors proposes changing the
present site or sites, as the case may be, of two or more of the above
specified offices or buildings from their present site or sites, as the
case may be, to one site, such proposal may be contained in one
proposition without the necessity of allowing a separate vote on each of
the offices or buildings concerned, and in such case, the proposition
and the notice of such election shall state, as to each office or
building affected, the name of the office or building, the present
location thereof by reference to the city or village, as the case may
be, and the proposed site thereof by a description in general terms
sufficient for readily identifying the proposed site.
County jail. Each county shall continue to maintain a county
jail as prescribed by law.
Qualification for employment as a county correction officer.
A county may adopt the provisions contained in section twenty-two-a of
the correction law relating to qualifications of its officials who may
thereafter be appointed in a law enforcement capacity in any of its
penal correctional institutions. Any determination that would otherwise
be made by the commissioner or his or her designee of the department of
corrections and community supervision under the provisions of section
twenty-two-a of the correction law, shall, if such provisions are so
adopted, be made by the appointing authority for such officials.
Courthouses and judicial expenditures. 1. Except as otherwise
provided by law, each board of supervisors shall provide suitable rooms
for courts of record within the county including rooms for holding
court, grand and trial jurors, witnesses and attorneys during such terms
of court. Chambers shall be provided for any resident judge of the court
of appeals or justice of the supreme court and may be provided for the
county judge, surrogate, and family court judge. The board of
supervisors shall provide necessary and suitable furnishings together
with light, heat, telephone, law books, periodicals and such other
furniture, supplies or equipment as may be necessary for such courts to
properly function. If such board after a written request by any resident
judge of the court of appeals or justice of the supreme court presiding
therein fails after a reasonable time to furnish such provisions, such
judge or justice may require the sheriff to furnish the same and the
expense shall be a county charge. When such rooms are not being used for
court purposes, the same may be used for any other public purposes; and
additional rooms may be provided for hearings, examinations, clinics and
other lawful public purposes. When so ordered by the court, the sheriff
shall provide food and lodging for jurors kept together pending a trial
and their deliberation thereon, and for grand jurors kept together
pending an indictment or presentment and their deliberation thereon, and
the cost shall be paid by the county treasurer upon order of the
presiding judge or justice. The board shall provide for the expense of
printing and publishing proclamations, notices of terms and court
calendars as required by law. The compensation and lawful expenses of
court attendants, court criers, jurors, grand jurors, witnesses,
interpreters and stenographers, except as otherwise provided by law,
shall be a county charge and paid in the manner prescribed by law.
2. The board of supervisors shall audit and pay the fees allowable for
services rendered by justices of the peace, police justices, city
judges, police officers and peace officers of the cities, towns and
villages within the county in criminal proceedings, for or on account of
an offense which a court of special sessions has not jurisdiction to
try. A county shall pay any amount due to a town or village for the
services of a justice of the peace or police justice which is a county
charge upon presentation to it of a claim by the state comptroller for
such charges each quarter.
County detention facilities for juvenile delinquents and
persons in need of supervision. A. To assure that suitable and
conveniently accessible accommodations and proper and adequate detention
in secure and non-secure detention facilities, as defined in section
five hundred two of the executive law and the regulations of the
division for youth, will be available when required for the temporary
care, maintenance and security of alleged and convicted juvenile
offenders, alleged and adjudicated juvenile delinquents and alleged and
adjudicated persons in need of supervision. Such regulations shall not
require any county to provide temporary care in a secure detention
facility for residents of any other county except upon a space available
basis. The county executive, if there be one, otherwise the board of
supervisors shall designate the agency of county government responsible
for the administration of the county juvenile detention program and
shall so advise the New York state division for youth, and may make
provisions therefor as follows:
1. Provide for the continued operation of the county's established
detention facility, so long as it complies with regulations of the
division for youth, and is certified by that division.
2. Authorize a contract between its county and one or more other
counties, which is or are operating a conveniently accessible detention
facility certified by the division for youth and in compliance with
regulations of the division for youth, providing for the reception,
temporary accommodation and care in such facility of alleged or
adjudicated juvenile delinquents and persons in need of supervision held
for or at the direction of its family court, for and in consideration of
the payments to be made therefor, on a per capita basis, pursuant to the
terms of such contract.
3. Authorize a contract between its county and one or more other
counties providing for the joint operation and maintenance by them of an
already established county detention facility certified by the state
division for youth and operated and maintained in compliance with the
regulations of the division for youth, which is conveniently accessible
to the counties concerned. Such authorization and contract may include
provisions for remodeling or enlarging the building of such facility.
4. Authorize a contract between its county and one or more other
counties providing for the joint establishment, operation and
maintenance by such counties of a new joint county detention facility
which shall be located on a site conveniently accessible to the counties
concerned and which shall be certified by the state division for youth
and which shall be established, operated and maintained in compliance
with the regulations of the division for youth.
5. The resolution providing for joint action under three or four above
shall be adopted by the board of supervisors of each of the several
counties affected, and a committee composed of at least one member of
each of such boards shall be created to acquire the necessary real
property in the name of the counties affected, and as the joint agent of
such counties such committee shall have charge of the construction,
equipment, maintenance and operation of such joint county detention
facility and, with the advice of an advisory committee consisting of the
judge of the family court and the commissioner of social services of
each of said counties, shall supervise and control the maintenance and
operation of such joint county detention facility. The said resolution
may specify the matters as to which the action of such committee shall
require the joint approval of the boards of supervisors of all the
counties affected and shall prescribe the proportions to be borne by
each of the several counties affected of the costs of acquisition of the
site and of construction of a new joint county detention facility and
the proportions to be borne by each of the several counties affected of
the costs of operation of such joint county detention facility, whether
established by new joint acquisition and construction or by utilization
of an existing county detention facility. The moneys to pay the share to
be borne by each county affected shall be provided by appropriation in
such amounts and at such times as may be agreed upon.
6. Notwithstanding any other provision of law, commencing October
first, two thousand eighteen, a county must provide for adequate
detention of alleged or convicted adolescent offenders in a specialized
secure detention facility for older youth who are alleged or convicted
of committing an offense when they were sixteen years of age and
commencing October first, two thousand nineteen, a county must provide
for adequate detention of alleged or convicted adolescent offenders in a
specialized secure detention facility for older youth who are alleged or
convicted of committing an offense when they were sixteen or seventeen
years of age. Such facility shall be certified and regulated by the
office of children and family services in conjunction with the state
commission of correction. Such facility shall: (i) have enhanced
security features and specially trained staff; and (ii) be jointly
administered by the agency of county government designated in accordance
with subdivision A of this section and the applicable county sheriff,
which both shall have the power to perform all acts necessary to carry
out their duties. The county sheriff shall be subject to the same laws
that apply to the designated county agency regarding the protection and
confidentiality of the information about the youth in such facility and
shall prevent access thereto by, or the distribution thereof to, persons
not authorized by law.
B. Notwithstanding any other provision of law, each board of
supervisors shall provide or assure the availability of conveniently
accessible and adequate non-secure detention facilities, certified by
the state division for youth, as resources for the family court in the
county pursuant to articles seven and three of the family court act, to
be operated in compliance with the regulations of the division for youth
for the temporary care and maintenance of alleged and adjudicated
juvenile delinquents and persons in need of supervision held for or at
the direction of a family court.
C. Each county shall offer diversion services to children who are at
risk of being the subject of a petition under article seven of the
family court act. Such services shall be designed to provide an
immediate response to families in crisis and to identify and utilize
appropriate alternatives to juvenile detention.
Prisoner furlough program in county jails and penitentiaries.
The county legislative body shall have power to elect to have the
provisions of article twenty-two-A of the correction law concerning
prisoner furloughs apply to jails and penitentiaries under its
jurisdiction and to appropriate and expend such sums as it may deem
proper to provide for a prisoner furlough program in accordance
therewith.
Reforested lands. 1. The board of supervisors shall have power
to purchase, acquire, or accept by gift lands for purposes of
reforestation and/or lease for the purpose of aiding in discovering and
removing oil and/or gas from such reforested land and adequately plant,
fence and otherwise maintain said lands for purposes of watershed
protection, development of oil and gas retrieval, the production of
timber and forest products and for recreation and kindred purposes. The
title of the lands so acquired shall be vested in the county and such
lands shall be forever devoted for the purposes aforesaid and none
other; provided, however, the board of supervisors of any county in its
discretion may convey to the state of New York without charge any lands
or rights or interests therein at any time or in any manner acquired by
the county for the purposes of this subdivision and which the
environmental conservation commissioner shall deem proper to acquire
under the provisions of section 3-301 of the environmental conservation
law and such lands when so conveyed shall be forever devoted to the
purposes herein stated. Trees, timber and other forest products, gas
and/or oil may be sold or otherwise disposed of in such manner as the
board of supervisors may direct, not inconsistent with any rules and
regulations prescribed by the environmental conservation commissioner;
and the same may be conveyed to the state of New York.
2. (a) Such lands shall be exempt from state and county taxes, but for
the purposes of all other taxes and assessments shall be assessed at a
valuation not exceeding the purchase price thereof, or if acquired by
gift, at the value thereof for purposes of reforestation not exceeding
the average valuation computed by taking the assessed valuations of such
lands for two years previous to such gift. Reforested lands of a county
acquired by tax title shall not be assessed at a greater valuation than
that appearing on the last assessment roll before the sale which was the
basis of such tax title.
(b) The assessment of such lands may be increased or decreased without
regard to the provisions of this subdivision to reflect any change in
the level of assessment of all other property on the assessment roll of
the city, town or village as provided in title two of article twelve of
the real property tax law. The commissioner of taxation and finance
shall certify a change in level of assessment factor subject to the
provisions of title two of article twelve of the real property tax law.
(c) Adequate appropriations shall be made for the payment of such
taxes by the county treasurer to the collectors of the several tax
districts in which said lands are located.
3. The board of supervisors may appropriate sums for carrying out the
provisions of this section and may be reimbursed by the state up to
fifty per centum of the amount by it appropriated, such reimbursement,
however, not to exceed in any year for any county the sum of five
thousand dollars. In order to obtain state assistance, the board of
supervisors shall cause to be filed in the office of the conservation
department not later than January twentieth following the end of the
calendar year in which such appropriation was made, a certificate
executed by the chairman and clerk of the board of supervisors setting
forth the amount of such appropriation and the previous expenditures
made by the county for like purposes under this section and particularly
the funds supplied therefor by the state, with a plan indicating the
purposes for which such sum is to be expended and the manner in which
such plan is to be executed. If the proposed plan and the expenditures
theretofore made by the county for reforestation purposes shall be
approved by the conservation commissioner, he shall recommend to the
governor, the legislature and the department of audit and control the
amount which in his opinion should be contributed by the state to the
county for carrying out such plan and thereupon there shall be
appropriated from any money in the treasury of the state not otherwise
appropriated, an amount equal to the sum so recommended.
4. In addition to such appropriations the state shall without charge
to the county supply it for planting upon the lands owned and acquired
by it for reforestation purposes such trees as shall be deemed by the
conservation commissioner as best suited for the lands to be reforested
and the trees so supplied shall be used by the county for such purpose
and no other in accordance with instructions from the conservation
department.
5. The powers granted to boards of supervisors by this section shall
not be deemed to defeat or impair the provisions of section sixty of the
conservation law or of any other law enacted for the promotion of
forestry but are intended to be supplemental thereto.
County planning board. The board of supervisors is empowered to
establish a county planning board pursuant to article twelve-b of the
general municipal law and to make the necessary appropriations therefor.
Water quality management agency. The board of supervisors or
county legislature, shall have the power to designate a water quality
management agency for the purposes of water quality management program
oversight. Such agency may, in the discretion of the board of
supervisors or county legislature, be an existing county official,
county agency, a group of agencies or officials or other county entity,
or may be a newly created agency. Such a water quality management agency
shall be responsible for providing oversight of all water quality
programs and related activities in the county. This includes a
continuing assessment of the impact of point and nonpoint sources of
pollution on the waters of the county, and the appropriateness of the
monitoring and administrative activities related thereto. The water
quality management agency shall have the responsibility to review and
coordinate all activities of county officers, agencies, departments or
other entities of county government which have a substantial impact on
or interest in water quality management. The agency shall prepare an
annual report, which shall be submitted to the county executive, the
board of supervisors or county legislature, the New York state
department of environmental conservation, and where appropriate to a
regional planning agency. This report shall identify needs of the county
and document progress in improving water quality management performance.
This report shall include but not be limited to the following:
1. recommended changes in surface and groundwater classification.
2. status and results of water quality monitoring activities.
3. status of facilities construction.
4. onsite sewage facilities programs.
5. hazardous and toxic materials disposal.
6. status of point sources control and operation.
7. nonpoint source management.
8. economic and demographic changes.
9. an assessment of water quality condition in the county.
10. quantification of needs to improve water quality management.
11. findings and recommendations for future programming.
County park commission. The board of supervisors shall have
power to create a county park commission to consist of not less than
five or more than seven members who shall be residents of the county.
The members of such commission shall be appointed by the board of
supervisors and hold office during the pleasure of the board or for such
terms as the board may determine. Not more than a majority of the
members of any such commission shall belong to the same political party.
The members of any such commission shall serve without compensation but
shall be allowed their necessary expenses incurred in the performance of
their duties. Within the amount provided by appropriation and subject to
such rules and regulations as the board of supervisors may prescribe,
any such county park commission shall have the supervision and
management of all county parks within the county. All county parks shall
be kept and maintained for the free use of the public, subject to such
regulations as the board of supervisors may impose.
Cemeteries. 1. The board of supervisors may acquire by
condemnation, purchase, gift or devise burial plots outside a city or
village within the county, for the burial of indigent persons. Such
burial plots shall be under the general care and supervision of the
county commissioner of public welfare.
2. a. The board of supervisors or county legislature may, by the
affirmative vote of two-thirds of the total membership of the board,
acquire by condemnation, purchase, gift or devise lands outside a city
or village within the county and establish and maintain a county
cemetery for the burial of members of the armed forces of the United
States. Remains of the members of the armed forces of the United States,
heretofore or hereafter dying may be interred in such county cemetery or
may be removed from other cemeteries or burial plots and be interred in
such county cemetery as authorized by law. The county cemetery shall be
under the general care and supervision of such officer or employee of
the county or other person as the board of supervisors may direct.
b. Any member of the armed forces of the United States, who was a
resident of Rockland county at the time of his induction into the armed
forces of the United States, killed in action may be buried in such
county cemetery, entirely at county expense, at the option of the next
of kin. The board of supervisors or county legislature may adopt rules
or regulations governing the cost, procedure for interment and rights of
the next of kin.
3. Any such county cemetery or burial plot may be designated by name
and adequate maintenance, perpetual care, ornamentation and markers
provided. The board of supervisors may adopt rules governing interments
and the rights of distributees, not inconsistent with law.
4. A portion or block of lots may be purchased in an existing
incorporated cemetery association within the county for such purposes
and title shall be taken in the name of the county. Subject to such
conditions and restrictions as may be imposed by the incorporated
cemetery association, adequate maintenance, perpetual care,
ornamentation and markers may be provided.
5. Burial plots for the indigent shall be kept separate and apart from
plots for the burial of members of the armed forces of the United
States; and no member of the armed forces shall be interred in the same
part of the cemetery as indigents.
5-a. The board of supervisors of any county may, by the affirmative
vote of two-thirds of the total membership of the board, provide for the
perpetual care, upkeep and maintenance of any cemetery located within
the county if such cemetery is abandoned or not controlled by an
existing board or body and for the care of which there exists no special
fund or endowment and the expense thereof may be appropriated from funds
in the county treasury not otherwise appropriated. The board of
supervisors may also provide that any such cemetery shall be under the
general care and supervision of such officer or employee of the county
as the board of supervisors may direct.
6. Nothing herein shall be deemed to affect, impair or supersede any
other general or special law authorizing a county to establish and
maintain cemeteries.
7. (a) No county shall, directly or indirectly:
(i) sell, or have, enter into or perform a lease of any of its real
property dedicated to cemetery purposes or adjacent thereto to a funeral
entity, or use any of its property for location of a funeral entity;
(ii) commingle funds used for cemetery purposes with a funeral entity;
(iii) direct or carry on its cemetery related business or affairs with
a funeral entity;
(iv) authorize control of its cemetery related business or affairs by
a funeral entity;
(v) engage in any sale or cross-marketing of goods or services with a
funeral entity;
(vi) have, enter into or perform a management or service contract for
cemetery operations with a funeral entity; or
(vii) have, enter into or perform a management contract with any
entity other than a not-for-profit or religious corporation, or
governmental entity.
(b) Only the provisions of subparagraphs (i) and (ii) of paragraph (a)
of this subdivision shall apply to counties with thirty acres or less of
real property dedicated to cemetery purposes, and only to the extent the
sale or lease is of real property dedicated to cemetery purposes, and
such cemeteries shall not engage in the sale of funeral home goods or
services, except if such goods and services are otherwise permitted to
be sold by cemeteries.
(c) For the purposes of this subdivision, "funeral entity" means a
person, partnership, corporation, limited liability company or other
form of business organization providing funeral home services, or
owning, controlling, conducting or affiliated with a funeral home, any
subsidiary thereof or any officer, director or stockholder having a ten
per centum or greater proprietary, beneficial, equitable or credit
interest in a funeral home.
Flood control and soil conservation. 1. The board of
supervisors shall have power to, and may, appropriate and pay out for
the general improvement of agriculture and the soil such sums as it may
deem proper for the expense of creating and maintaining soil
conservation districts, and assisting districts in carrying out the
provisions of the soil conservation districts law. The board of
supervisors may by resolution, duly passed, direct the county treasurer
to pay out of moneys from such appropriation upon the order of the
chairman of the district directors, upon his giving a proper receipt
therefor. On or before the first day of January in each year and at any
other time when requested by the board of supervisors, the directors
shall report in writing to the board a detailed statement of its work
and transactions for the preceding year ending December thirty-first,
and for any other period which the board may request and in such form as
said board may direct.
2. In addition to the powers granted under the provisions of the soil
conservation districts law and chapter eight hundred sixty-two of the
laws of nineteen hundred thirty-six as amended, and after a public
hearing held pursuant to public notice as hereinafter provided, each
board of supervisors shall have power to appropriate and expend county
funds to protect public and private property within the county from
floods, to conserve the soil from erosion and for any function or
purpose which otherwise may be undertaken or performed by a small
watershed protection district established pursuant to article five-D of
this chapter.
After a public hearing shall have been held as provided herein, a
board of supervisors may appropriate each year for such purpose without
a further public hearing a sum not to exceed the sum specified in the
original notice of public hearing. If a sum in excess of the sum
specified in the original notice of such hearing is proposed to be
expended, a new public hearing shall be held and public notice given as
hereinafter provided.
3. The resolution shall recite: (a) the area of said county in which
the project and work is to be performed, and that it is believed of
sufficient importance and general public benefit to warrant the
expenditure of county money thereon; (b) the name, if any, of any lake,
pond, stream, drain or ditch to be improved; (c) the nature of the
improvement such as construction of dikes, drains, check-dams, pipes,
new or altered channels, reforestation or the planting of shrubs and
plants, or otherwise by the creation of a soil erosion control or
watershed protection project; (d) whether the necessary easements,
permits, or other necessary rights have been obtained, and any
compensation agreed to be paid owners damaged thereby; (e) whether it is
necessary to acquire any easements or rights-of-way, and the estimated
cost thereof; (f) the estimated cost of such improvement, and the amount
to be paid by the owners of the land benefited thereby; (g) whether any
part of the expenditure is to be financed under the provisions of the
local finance law, and the manner of such payment; (h) whether the work
shall be done by county employees and equipment or let to the lowest
responsible bidder; (i) what portions of the improvements are to be
maintained by the county and by the private owners of the land upon
which such improvements are situate, or group of property owners in the
area; (j) reference to a survey, or plans and estimate of such
improvement, which shall be made a part thereof; (k) such other
information as may be deemed necessary.
4. Within ten days after the adoption of said resolution, the clerk of
the board of supervisors shall cause notice of a public hearing thereon
to be published in the official newspapers once a week for two
publications, and at least twenty days shall elapse from the first
publication to the date of the hearing. The notice shall contain an
abstract statement of the proposed project and that the survey, plans
and estimate may be seen at the office of said clerk. A copy of such
notice shall be mailed to each owner from whom any easement or
right-of-way is necessary. The public hearing may be held before the
board or any committee of the membership designated for that purpose.
5. After the public hearing, the board of supervisors may adopt a
final resolution and provide therein for: (a) the necessary
appropriation and determination as to the manner of payment of orders or
audited claims thereon; (b) authorization, upon consent of the county
superintendent of highways, for the use of county highway machinery,
tools and equipment at a rental charge fixed by the state commissioner
of transportation, which rental shall be paid into the county machinery
fund; (c) authorization of contracts with town superintendents of
highways with approval of the respective town boards, for the rental of
town highway machinery, tools and equipment at a rental charge fixed by
the state commissioner of transportation, which rental shall be paid
into the town machinery fund; (d) acceptance of the services and
financial aid of federal and state agencies; (e) authorization to
contract in the manner prescribed in section two hundred twenty-four of
this chapter with any organization formed for the purpose of flood
control and soil conservation; (f) directions on the manner of
performance of the work; (g) authorization for acquiring necessary
rights of way pursuant to the provisions of the eminent domain procedure
law.
6. When a resolution adopted pursuant to subdivision eleven-a of
section sixty-four of the town law shall have become effective, and
further improvements to that already planned by such town are determined
to be of sufficient importance and benefit to the public to warrant the
expenditure of county funds thereon, the board of supervisors, after a
public hearing held in the manner prescribed by the foregoing
provisions, shall have power to agree with the town board and the
property owners, upon the extent of such additional improvements and
amount of the county appropriation. The improvement shall be performed
and completed as the board of supervisors shall direct, and the town
shall pay its share thereof into the county treasury, when so directed.
7. Prior to undertaking a watershed protection project for which
application is to be made to the secretary of agriculture of the United
States for federal assistance pursuant to a federal act approved the
fourth day of August, nineteen hundred fifty-four as public law five
hundred sixty-six and known as the "Watershed Protection and Flood
Prevention Act," and all acts amendatory thereof and supplemental
thereto, the board of supervisors, or the official, department, bureau,
or agency of the county designated for that purpose, shall follow the
procedures and be subject to the provisions of subdivisions two, three,
four, five and six of section two hundred ninety-nine-n of this chapter.
8. A county which undertakes a watershed protection project pursuant
to this section for which it would be eligible to receive financial
reimbursement from the state pursuant to section two hundred
ninety-nine-w of this chapter if the project was undertaken by a small
watershed protection district, shall be eligible for such financial
reimbursement in the manner and to the extent therein provided.
9. A county which has commenced proceedings to undertake a watershed
protection project or projects pursuant to the provisions of article
five-D of this chapter, may elect, prior to the creation or extension of
a small watershed protection district or districts therefor, to proceed
with the proposed watershed protection project or projects pursuant to
the provisions of this section and discontinue the article five-D
proceedings. In the event of such election by a county, any proceedings
or other action taken or approval obtained pursuant to section two
hundred ninety-nine-n of this chapter relating to such proposed project
or projects shall be deemed to have been taken or obtained pursuant to
the provisions of this section two hundred twenty-three and shall not be
required to be repeated for such proposed project or projects solely
because of such election. Within ten days after the adoption of a
resolution by the board of supervisors electing to discontinue
proceedings pursuant to article five-D of the chapter and to proceed
with the proposed project or projects pursuant to this section, the
clerk of such board shall file a copy of such resolution with the water
resources commission.
The board of supervisors of any county may appropriate such
sums as it may deem proper, not exceeding three thousand dollars in any
one year, to carry out the provisions of the forest practice act as
defined in section sixty-d of the conservation law, within such county.
The county treasurer shall pay the moneys so appropriated to the
chairman of the district forest practice board upon his order and upon
his giving a proper receipt therefore. The chairman of the district
forest practice board shall furnish the board of supervisors a detailed
statement of its work and transactions, financed in whole or in part
from such moneys, for the year ending November thirty and for any other
period which the board of supervisors may request and in such form as
said board may direct. Any county making such an appropriation shall be
reimbursed annually by the district forest practice board within six
months following the close of the fiscal year of the county by which
moneys were made available to the extent that such board has moneys made
available to it for such purpose by the state of New York or any of its
agencies or the United States of America or any of its agencies.
NOTE: Subdivision 28-f of section 12 of Old County law, being added by
chapter 204 of 1950 missed being recodified as a section of County law
as other subdivisions of section 12 were in such year. It was saved by
Sec. 1001 of present county law.
EMS training and mutual aid programs. 1. In order to develop
and maintain programs for EMS training, EMS-related activities and
mutual aid emergencies in which the services of EMS providers would be
used and to cooperate with appropriate state agencies in furthering such
programs, any county may create a county EMS advisory board and may
establish the office of county EMS coordinator.
2. A county EMS advisory board shall consist of not less than five nor
more than twenty-one members, each of whom shall be appointed by the
legislative body for a term of not to exceed one year, two years or
three years. Such terms of office need not be the same for all members.
It shall be the duty of such board to cooperate with appropriate state
agencies in relation to such programs for EMS training, EMS-related
activities and mutual aid; to act as an advisory body to the county
government and to the county EMS coordinator, if any, in connection with
the county participation in such programs for EMS training, EMS-related
activities and mutual aid and mutual aid programs in cases of
emergencies in which the services of EMS providers would be used; to
perform such other duties as may be prescribed in relation to EMS
training, EMS-related activities and mutual aid in cases of emergencies
in which the services of EMS providers would be used. The members of
such board shall be county officers, and shall serve without
compensation.
3. If the office of county EMS coordinator is created in any county, a
county EMS coordinator shall be appointed. It shall be his or her duty
to administer the county programs for EMS training and mutual aid in
cases of emergencies in which the services of EMS providers would be
used; to act as a liaison officer between the county government and the
county EMS advisory board and the EMS providers in the county and the
officers and governing boards or bodies thereof; and to perform such
other duties as prescribed. The county EMS coordinator shall be a county
officer and the amount of his or her compensation, if any, shall be
fixed by the county.
4. A member of the legislative body, the county EMS coordinator, or a
deputy county EMS coordinator, may be appointed as a member of the
county EMS advisory board, but shall receive no additional compensation
for services performed as a member of such advisory board.
Optional appropriations and contracts for public benefit
services. The board of supervisors shall have power to contract with
non-profit organizations and other corporations, associations and
agencies within the county formed for the purposes hereinafter
enumerated; and the board of supervisors shall also have power to
contract with non-profit organizations and other corporations,
associations and agencies formed for such purposes within an adjoining
county provided the services which are the subject of the contract are
to be rendered within the county of such board. The resolution of such
board shall name the organization, the amount and manner of payment 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 the board may deem proper,
including the power to require a bond of the disbursing officer thereof.
Except as hereinafter mentioned, no county money shall be paid to such
organization until a memorandum receipt, signed by the principal officer
and disbursing officer of such organization, agreeing to comply with the
terms of the resolution, is delivered to the county treasurer. Such
appropriations and payments may be made for the following objects and
purposes:
(1) Armistice, memorial, or other recognized national patriotic
observance;
(2) Commemoration programs of historical events of county-wide
interest and concern;
(3) Propagation of game, game birds, and fish;
(4) Prevention of cruelty to children and animals;
(5) Grounds and buildings for the improvement of agricultural
conditions in the county, when owned and operated by a county
agricultural society;
(6) Administration expense of organizations rendering a service,
training, or aid to indigent blind;
(7) Elimination of noxious weeds, rodents and wild animals;
(8) (a) The board of supervisors of any county in which a county
extension service association has been organized may from time to time
appropriate and pay out for the support and maintenance of county
extension service associations and the work thereof, and for the
employment by the county association of professional staff, and for any
other purposes which the board of supervisors shall deem proper and may
raise money for such purpose by a tax on real and personal property in
the county. The board of supervisors may direct the county treasurer to
pay out moneys from such appropriation upon the order of the treasurer
of the county association, upon his giving a proper receipt therefore,
and the chairman of the board of supervisors may be authorized to enter
into an agreement to pay such funds in regular installments in advance,
and such agreement shall be sufficient authority in the hands of said
county treasurer to pay out such moneys, provided that this money shall
be expended under an agreement to be entered into between the county
association and Cornell university, as agent for the state, for the
cooperative management of said work of the county extension service
association and the proper supervision of the professional staff
employed therefor. The agreement shall identify by his or their titles
the professional staff to be employed by the associations and shall
state the salary or salaries to be paid and the sources from which
payment is to be made. If services of professional staff employed by
Cornell university are to be furnished, or if programs of extension work
are to be furnished or conducted by Cornell university, the agreement
shall identify such services or programs and state the terms on which
they are to be furnished, including the sources from which payments are
to be made. The co-operative relations therein established shall
continue until either party to the agreement shall notify the other
party that it wishes to terminate the agreement. Such a notification
shall be in writing and shall be served at least six months preceding
any action taken to annul the agreement. After receiving such notice
co-operative relationships between said parties shall cease at the
expiration of the six months' period of notice providing reconsideration
or request for continuance is not made by the party issuing notification
of desire to discontinue work under the provisions of this agreement. On
or before the first day of December in each year and at any other time
when requested by the board of supervisors, the officers of such county
association shall report in writing to the board of supervisors a
detailed statement of its work and transactions for the year ending
November thirtieth, and for any other period which the board of
supervisors may request and in such form as said board may direct.
(b) County or regional extension service association and its work. In
each county or region of two or more counties of the state which shall
qualify under this subdivision to co-operate with Cornell university for
extending to the people of the state of New York, not enrolled in said
colleges, the educational programs of the New York State College of
Agriculture and Life Sciences and the New York State College of Human
Ecology at Cornell university and subjects relating thereto, in
cooperation with the state, there shall be recognized and may be created
a subordinate governmental agency consisting of an unincorporated
organization of citizens of the respective counties interested in
agriculture, community and economic vitality, environment and energy,
nutrition and healthy families, and youth development under a form of
organization and administration approved by Cornell university as agent
for the state. It shall be known as a county or regional extension
service association. Cooperative extension work in a county may consist
of programs in the fields of agriculture, community and economic
vitality, environment and energy, nutrition, healthy families and youth
development. References herein to the county or regional association
shall mean such an organization. Only one such association shall be
recognized or formed in each county or, by formal agreement, two or more
counties may join to form one regional association to serve the several
counties. The instrument providing its form of organization and
administration shall be deemed its constitution. It shall have a board
of directors and the offices of president and treasurer, to be
constituted and filled as provided in such constitution, which also
shall regulate admission to and tenure of enrollment in the
organization. The board of directors of any such association heretofore
or hereafter created may adopt such regulations and by-laws governing
its procedure in the work assigned to it as are not inconsistent with
the provisions of this subdivision. Subject to such rules and
regulations and the constitution so approved, the president of the
association shall act for, as and in the name of the association in all
matters except those as to which the treasurer is given powers and
duties. Civil actions or proceedings may be brought by or against the
president or treasurer, as such, of the association. A judgment against
them or either of them shall be enforceable only against funds or
property of the association. Such an association is hereby declared to
be a subordinate governmental agency and neither the county nor Cornell
university nor any member, officer or director of the association shall
be liable in damages for any injury to person or property in connection
with the activities of the association the proximate cause of which was
not directly their or his fault or negligence.
(c) When authorized by the board of directors of a county association,
the treasurer of the association may acquire in his name as such
treasurer, and he and his successors in office may hold, in trust, for
carrying on the work and effectuating the purposes or a purpose of the
association, personal property and real property or any interest
therein, or the possession thereof under a lease. The instrument whereby
such property, interest or use is acquired by purchase shall designate
the grantee or lessee, as the case may be, by name and official title of
treasurer as trustee. Such treasurer, as such, and as such trustee, may
take and hold personal and real property by gift, grant or devise, when
the instrument of gift or the will gives or devises property, personal
or real, directly to the association as such and in its name, or to any
person or persons for it, or in trust for its use and benefit. Such
treasurer, as treasurer and trustee, may mortgage, lease, assign, convey
or transfer any property held by him for the association, either
personal or real, when authorized so to do by the directors of the
association, by a deed or other instrument executed by and in the name
of the then treasurer as such and as trustee. No such mortgage, lease,
assignment, conveyance or transfer shall be made contrary to the
conditions, if any, of the instrument under which the property, interest
therein or use thereof, was acquired. The use and application of the
acquired property, income therefrom and proceeds realized from a
conveyance or transfer thereof, if any, shall be in accordance with
rules and directions of such board.
(d) For the support of cooperative extension programs and subject to
annual appropriation by the legislature, there shall be annually
apportioned to each county cooperative extension association out of any
moneys in the state treasury appropriated therefor, fifty cents for each
dollar up to the first one hundred thousand dollars appropriated by such
county for cooperative extension activities during the state fiscal year
most recently ended and five cents for each dollar appropriated by such
county for cooperative extension activities in excess of one hundred
thousand dollars during the state fiscal year most recently ended. In
the case of a regional extension service association authorized by this
section, the maximum amount to be apportioned to any such association
shall be the sum of the maximum apportionments which would have accrued
to a separate association in each county included in the region. No
county cooperative extension association shall receive an apportionment
of funds under this section in an amount less than had been received in
the nineteen hundred ninety-five--ninety-six state fiscal year, provided
that the annual state appropriation is not less than the state moneys
appropriated in the nineteen hundred ninety-five--ninety-six state
fiscal year. Additional state allocations shall be distributed to the
county associations in a percentage proportionate to their most recent
county appropriation, such appropriation not to include any amount
attributed to in-kind contributions, service agreements, or contracts.
1. The entitlement of each association to state moneys annually
appropriated under this chapter is subject to the furnishing of
equivalent sums from county appropriations. Annual county appropriations
may include in-kind contributions, service agreements, and contracts
with cooperative extension associations subject to review by Cornell
university.
2. The apportionments provided pursuant to provisions of this
paragraph shall be rounded to the nearest whole dollar.
3. The state apportionments provided for in this subdivision shall be
paid upon vouchers certified by Cornell university as follows:
(i) For salaries of professional staff employed by the association;
(ii) For salaries of staff employed by Cornell university when
administering, furnishing or conducting extension programs benefiting
the county under agreement with the association.
4. All such payments shall be made in accordance with the annual
agreement between the association and Cornell university, which shall:
(i) Specify the amount in dollars to be expended for each of such
purposes and the amount in dollars to be provided from apportionments
pursuant to this subdivision;
(ii) Identify by titles the positions for which the salary is paid;
(iii) In the case of salaries of agents jointly employed by two or
more county associations, and in the case of salaries of agents or other
personnel employed by Cornell university, in furnishing or conducting
programs which are furnished or conducted in or for the benefit of two
or more counties, identify each of the county extension service
associations against whose account payments pursuant to this subdivision
are to be charged and the amount to be charged.
(e) The general supervision of the co-operative extension work in a
county herein provided for shall be under the direction of Cornell
university as agent for the state and Cornell university is hereby
authorized to set standards for professional staff and to make rules and
regulations for the organization and conduct of such work. The moneys
appropriated pursuant to this subdivision shall be paid from the state
treasury on the warrant of the comptroller on vouchers approved by the
treasurer of Cornell university.
For the purpose of carrying out the co-operative extension work of the
county association, a county association may:
(1) Employ professional staff to organize, carry out, and co-ordinate
the work;
(2) Exchange services of professional staff employed by it for
services of professional, staff employed by another county association
or employed by Cornell university, upon such terms as shall be agreed;
(3) Contract with another county association or with other county
associations for the joint employment of one or more professional staff
members, upon such terms with respect to salary, payment of expenses,
duties and allocations of services as shall be agreed;
(4) Contract with Cornell university for the furnishing of services of
professional staff employed by the university to conduct educational
work throughout the state or in areas thereof, upon such terms as shall
be agreed;
(5) Contract with Cornell university for the furnishing and conduct of
programs of extension work or services, within the county or benefiting
the county, upon such terms as shall be agreed;
(6) Contract with one or more other county associations for the
purpose of assuring concurrent action by the several associations in
contracting with Cornell university for services of professional staff
at Cornell university or for programs of work furnished by Cornell
university, as provided in paragraph (d) or (e), where the use of such
services or participation in such programs by the several associations
is required for their arrangement or financing.
(7) In support of its operations, research and educational programming
needs, an association may contract with one or more entities, including
but not limited to federal, state, or local government, not for profits
or for profit organizations to provide services, compensated or
uncompensated, consistent with this section. Such contracts are subject
to review by Cornell university.
If services of professional staff employed by Cornell university are
to be furnished, or if programs of extension work are to be furnished or
conducted by Cornell university, the agreement shall identify such
services or programs and state the terms on which they are to be
furnished, including the source from which payments are to be made.
Where payments are to be made out of funds appropriated by the state as
provided in paragraph (d) of subdivision one, the agreement must contain
the information required by that subdivision. If services of
professional staff or programs are to be furnished to the county
association under contractual arrangements as provided in paragraph (e)
such contract or contracts shall be subject to approval by the
legislative bodies of the counties concerned and executed as any other
county contracts.
(f) A county may on recommendation of the county superintendent of
highways, permit the use of any street or highway machinery, tools or
equipment owned by the county, by a county association, provided for by
paragraph (b) of this subdivision, upon such terms and conditions as may
be agreed upon by the parties involved. Monies received by a county
pursuant to the provisions of this section shall be paid into the county
road machinery fund.
(g) A town superintendent of highways, with the approval of the town
board and of the county superintendent, may permit the use of any
highway machinery, tools or equipment owned by the town, by a county
association provided for by paragraph (b) of this subdivision upon such
terms and conditions as may be agreed upon by the parties involved.
Monies received by a town pursuant to the provisions of this section
shall be applicable for the purposes for which amounts may be raised as
provided in subdivision three of section two hundred seventy-one of the
highway law.
(h) No such machinery, tools and equipment shall be so leased to such
a county association unless (1) adequate insurance shall be secured
thereon which will protect the county or town, as the case may be, in
the event of the loss of or damage to such leased machinery, tools and
equipment by reason of fire and theft, and also in the case of machinery
and equipment operated, or propelled, by motors, adequate collision
insurance and (2) adequate liability and property damage insurance shall
be secured for the protection of the county or town, as the case may be,
upon all machinery and equipment operated or propelled, by motors. The
determination of what shall be "adequate" insurance shall be made by
resolution of the board of supervisors of the county, or the town board
of a town, as the case may be, and no officer or official of any such
county or town shall be held personally responsible to such county or
town or to third persons should such insurance in any event prove to be
inadequate in amount. The cost of any such insurance shall be paid for
by the county association in addition to the payments hereinabove
provided.
(i) If any such agreement between a county, or a town, and a county
association shall provide that the equipment, tools or machinery leased
shall be operated by an employee of the county, or town, any such
employees, regardless of the terms of such contract, shall continue to
be paid by and to be an employee of the county, or town, and shall be
considered as such for any and all purposes, and the agreement between
the county, or town, and the association shall provide for the payment
by the association to the county, or town, of amounts at least equal to
the compensation which any such employee shall receive from the county
or town. The monies received by a county, or town, for reimbursement of
the compensation of such employees shall be credited to the fund from
which such compensation was paid while such equipment, tools or
machinery were leased.
(j) The organizations provided for in paragraph (b) of this
subdivision as it existed prior to this amendment and known as county
farm and home bureau and 4-H club associations, county farm and home
bureau associations, county farm bureau and 4-H club associations,
county farm bureau associations or county home bureau associations
existing when this act takes effect shall thereafter be known as county
extension service associations, the name of the county in which
organized being part of their names; said associations shall continue to
have the same rights, privileges, exemptions, powers and duties under
the new name, prescribed herein, as they have or had under their prior
names.
(9) Fire training schools for training firefighters, including the
power to pay to a city within or without the county for services in the
training of firefighters of such county.
(10) The board of supervisors of any county and the governing body of
a city in which any county is wholly contained may appropriate such sums
of money as it may deem proper toward the maintenance of a private legal
aid bureau or society organized and operating to give legal assistance
and representation in civil or criminal matters to needy persons
residing or charged with a crime within such county or city.
(11) The county legislature of Erie county may appropriate such sums
of money as it may deem proper, subject to the provisions of this
article, toward the maintenance of any duly incorporated society or
organization, the corporate purposes of which include the aid and relief
of poor persons, permanently or temporarily within the county, and may
raise money therefor by tax upon the real and personal property in the
said county in the same manner as other county taxes are levied and
collected; provided, however, that no such appropriation shall be made
except upon presentation to the county legislature with the application
of such society or organization therefor of a certificate from the state
department of social services certifying that such society or
organization has complied with all of its rules and regulations
applicable to such society, and approving of such application. Such sums
appropriated shall be paid in accordance with contracts made between the
local commissioner of social services or other officer of the county
designated by the county legislature and such society or organization
under which contracts said society or organization shall agree to render
the services for which said sums of money have been appropriated, and
shall provide for the payment of the aforesaid sums upon a monthly or
quarterly basis, and upon verified vouchers showing the number of
persons to whom such services were rendered and the nature of the
services rendered during the period of time covered by such vouchers.
Nothing herein contained shall be deemed to be an abridgement or
limitation of the power of the county legislature to appropriate money
under or pursuant to the provisions of any other law.
(12) Maintenance and operation of a public museum.
(13.) Maintenance and operation of a professional symphony or
philharmonic orchestra, musical festival, or vocal, dance, drama, or
performing arts troupe, group or activity of any kind or nature.
* (14) Maintenance and operation of an educational television station,
organized pursuant to section two hundred thirty-six of the education
law.
* NB There are 2 sub (14)'s
* (14) Publicizing the advantages of the county or region.
* NB There are 2 sub (14)'s
15. The board of supervisors of the county of Nassau may appropriate
such sums of money as it may deem proper toward the operation and
maintenance of educational television stations, in addition to those
authorized by subdivision fourteen of this section, and for the
production of educational television programs for the educational and
cultural benefit of both children and adults in the county. Such sums
appropriated shall be paid in pursuance of a contract authorized by the
board of supervisors on behalf of the county, upon such terms and
conditions as the board of supervisors may prescribe, and no such
contract shall become effective until it is approved by the commissioner
of education of the state of New York.
15-a. Legislative intent and declaration of policy. 1. The county of
Nassau has, by several acquisitions from the United States government,
become the owner of land within the county commonly known as Mitchel
Field for the purpose of providing educational, cultural, recreational
and civic facilities for the benefit of all the people of the county.
The United States government has, by land exchange with the county,
assembled a large parcel of land in Mitchel Field to be used for the
development of a federal office building complex. Several educational
institutions have also erected facilities within the immediate area. In
addition to facilities for the aforesaid purposes, some of the land will
be used for compatible commercial purposes designed to generate tax
revenues and further serve the public. All of the Mitchel Field complex
is within the Uniondale fire district, which is capably protecting the
property and residents but which has found and will find it increasingly
difficult to extend the protection to Mitchel Field as it becomes more
fully developed. Accordingly, the Uniondale fire district requires
additional facilities to accommodate the fire protection needs of the
Mitchel Field complex. These needs include coverage of the Nassau
community college complex, certain facilities and dormitories of Hofstra
university, the Hebrew academy of Nassau county and the Nassau County
Veterans Memorial Coliseum. In addition, the county of Nassau plans to
construct a new college campus for Nassau and a number of buildings for
public use, including a performing arts center and a central reference
library. All of these facilities are being used and will be used for the
benefit of the people of the county and for the improvement of their
health, welfare, education, culture, recreation, prosperity and for the
improvement of trade and commerce. In order to insure the necessary fire
protection for the foregoing facilities and for such other facilities
located within the Uniondale fire district, it is deemed essential, and
in the best interests of the county of Nassau, to insure that adequate
fire protection will be provided to the Mitchel Field complex.
2. Power to provide for fire protection for the Mitchel Field complex
and the other structures and buildings located within the Uniondale fire
district.
In order to provide more adequate fire protection for the above
mentioned facilities at Mitchel Field within the Uniondale fire
district, the board of supervisors of the county of Nassau may, upon the
recommendation of the county executive, expend county moneys and
construct on county-owned property located within the said fire
district, such buildings and facilities as may be required for the
preservation, protection and storage of fire apparatus and equipment and
such other purposes for which such buildings and facilities are
customarily utilized.
The board of supervisors of the county of Nassau, upon the
recommendation of the county executive, may, with or without
consideration, lease such land and the buildings and structures thereon
to the Uniondale fire district on such terms and conditions as the board
of supervisors of the county of Nassau may determine. The aforesaid
expenditure, construction and lease are hereby deemed to effectuate a
county purpose and a public purpose of the county of Nassau.
* 16. The board of supervisors of any county may appropriate such sums
of money as it deems proper toward the maintenance of a planned
parenthood association organized and operating to give family planning
services to persons residing in the county.
* NB There are 2 sub 16's
* 16. The board of supervisors of any county and the governing body of
a city in which any county is wholly contained may appropriate such sums
of money as it may deem proper toward the maintenance of a private
non-profit comprehensive area wide health planning corporation organized
pursuant to United States Public Law 89-749, as amended.
* NB There are 2 sub 16's
17. The county of Erie may make application to the Foreign-Trade Zones
Board established by the act of Congress, approved June eighteenth,
nineteen hundred thirty-four, entitled "An act to provide for the
establishment, operation and maintenance of foreign trade zones in ports
of entry of the United States, to expedite and encourage foreign
commerce, and for other purposes," for a grant to Erie county of the
privilege to have established, operated and maintained, a foreign-trade
zone or zones within such county, pursuant to the provisions of such
act, and if such application be granted, to have established, operated
and maintained such zone in accordance with law including a sub-zone to
be located in Monroe county which has the authority to create said
sub-zone pursuant to chapter five hundred seventy-four of the laws of
nineteen hundred seventy-six, and a sub-zone to be located in
Cattaraugus county which has the authority to create said sub-zone
pursuant to subdivision seventeen-a of this section and a sub-zone to be
located in Chautauqua county which has the authority to create said
sub-zone pursuant to subdivision twenty-five of this section and a
sub-zone to be located in Wyoming county which has the authority to
create said sub-zone pursuant to subdivision twenty-nine of this
section. Said sub-zones may only be created with the approval of the
governing body of the appropriate host county. The county of Erie may
enter into such contracts and may appropriate such sums of money as it
may deem proper, subject to the provisions of this article, towards the
promotion and establishment of such zones.
17-a. The county of Cattaraugus may make application to the Foreign
Trade Zones Board established by the act of Congress, approved June
eighteenth, nineteen hundred thirty-four, entitled "An act to provide
for the establishment, operation and maintenance of foreign trade zones
in ports of entry of the United States, to expedite and encourage
foreign commerce, and for other purposes," for a grant to Cattaraugus
county of the privilege to have established, operated and maintained a
foreign trade zone or zones and foreign trade sub-zone or sub-zones
within such county, pursuant to the provisions of such act, and if such
application be granted, to have established, operated and maintained
such zone or sub-zone in accordance with law. The county of Cattaraugus
may enter into such contracts and may appropriate such sums of money as
it may deem proper, subject to the provisions of this article, towards
the promotion and establishment of such zones.
18. The county of Suffolk may make application to the Foreign Trade
Zones Board established by the act of Congress, approved June
eighteenth, nineteen hundred thirty-four, entitled "An act to provide
for the establishment, operation and maintenance of foreign trade zones
in ports of entry of the United States, to expedite and encourage
foreign commerce, and for other purposes," for a grant to Suffolk county
of the privilege to have established, operated and maintained, a foreign
trade zone or zones within such county, pursuant to the provisions of
such act, and if such application be granted, to have established,
operated and maintained such zone in accordance with law, including a
sub-zone to be located in the county of Nassau, which has the authority
to create such zones pursuant to subdivision twenty of this section.
Such sub-zone shall only be created upon the approval of the governing
body of the county of Nassau. The county of Suffolk may enter into such
contracts and may appropriate such sums of money as it may deem proper,
subject to the provisions of this article, towards the promotion and
establishment of such zones.
19. The county of Niagara may make application to the Foreign-Trade
Zones Board established by the act of Congress, approved June
eighteenth, nineteen hundred thirty-four, entitled "An act to provide
for the establishment, operation and maintenance of foreign trade zones
in ports of entry of the United States, to expedite and encourage
foreign commerce, and for other purposes," for a grant to Niagara county
of the privilege to have established, operated and maintained, a foreign
trade zone or zones within such county, pursuant to the provisions of
such act and if such application be granted, to have established,
operated and maintained such zone in accordance with law. The county of
Niagara may enter into such contracts and may appropriate such sums of
money as it may deem proper, subject to the provisions of this article,
towards the promotion and establishment of such zones.
20. The county of Nassau may make application to the Foreign Trade
Zones Board established by the act of Congress, approved June
eighteenth, nineteen hundred thirty-four, entitled "An act to provide
for the establishment, operation and maintenance of foreign trade zones
in ports of entry of the United States, to expedite and encourage
foreign commerce, and for other purposes," for a grant to Nassau county
of the privilege to have established, operated and maintained, a foreign
trade zone or zones within such county, pursuant to the provisions of
such act, and if such application be granted, to have established,
operated and maintained such zone in accordance with law. The county of
Nassau may contract with a non-profit agency and may appropriate such
sums of money as it may deem proper, subject to the provisions of this
article, towards the promotion and establishment of such zones.
21. The county of Genesee may make application to the Foreign Trade
Zones Board established by the act of Congress, approved June
eighteenth, nineteen hundred thirty-four, entitled "An act to provide
for the establishment, operation and maintenance of foreign trade zones
in ports of entry of the United States, to expediate and encourage
foreign commerce, and for other purposes," for a grant to Genesee county
of the privilege to have established, operated and maintained, a foreign
trade zone or zones within such county, pursuant to the provisions of
such act, and if such application be granted, to have established,
operated and maintained such zone in accordance with law. The county of
Genesee may contract with a non-profit agency and may appropriate such
sums of money as it may deem proper, subject to the provisions of this
article, towards the promotion and establishment of such zones.
21-a. The county of Clinton may make application to the Foreign Trade
Zones Board established by the act of congress, approved June
eighteenth, nineteen hundred thirty-four, entitled "An act to provide
for the establishment, operation and maintenance of foreign trade zones
in ports of entry of the United States, to expedite and encourage
foreign commerce, and for other purposes," for a grant to Clinton county
of the privilege to have established, operated and maintained a foreign
trade zone or zones within such county, pursuant to the provisions of
such act, and if such application be granted, to have established,
operated and maintained such zone in accordance with law. The county of
Clinton may enter into such contracts and may appropriate such sums of
money as it may deem proper, subject to the provisions of this article,
towards the promotion and establishment of such zones.
21-b. The county of Montgomery may make application to the Foreign
Trade Zones Board established by the act of congress, approved June
eighteenth, nineteen hundred thirty-four, entitled "An act to provide
for the establishment, operation and maintenance of foreign trade zones
in ports of entry of the United States, to expedite and encourage
foreign commerce, and for other purposes," for a grant to Montgomery
county of the privilege to have established, operated and maintained a
foreign trade zone or zones within such county, pursuant to the
provisions of such act, and if such application be granted, to have
established, operated and maintained such zone in accordance with law.
The county of Montgomery may enter into such contracts and may
appropriate such sums of money as it may deem proper, subject to the
provisions of this article, towards the promotion and establishment of
such zones.
22. The board of supervisors or county legislative body of any county
may appropriate such sums of money as it may deem proper toward the
maintenance and operation of day care coordinating councils or their
equivalent, such councils to develop policies and procedures encouraging
more efficient, effective and economical operations of child care
services.
23. The county of Onondaga may make application to the Foreign Trade
Zones Board established by the act of Congress, approved June
eighteenth, nineteen hundred thirty-four, entitled "An act to provide
the establishment, operation and maintenance of foreign trade zones in
ports of entry of the United States, to expedite and encourage foreign
commerce, and for other purposes," for a grant to Onondaga county of the
privilege to have established, operated and maintained, a foreign trade
zone or zones within such county and its designated service area,
including the adjacent counties of Cayuga, Oswego and Madison, pursuant
to the provisions of such act, and if such application be granted, to
have established, operated and maintained such zone in accordance with
law including sites in Onondaga county and the counties of Cayuga,
Oswego, and Madison, which are counties located adjacent to the Syracuse
Hancock International Airport; for purposes of this section, the term
"adjacent" means those areas located within sixty miles or ninety
minutes driving time of a United States customs and border protection
port of entry. The county of Onondaga may enter into such contracts and
may appropriate such sums of money and may take such further actions as
it may deem appropriate, subject to the provisions of this article,
towards the promotion, establishment and maintenance of such zone or
zones.
23-a. The county of Cortland may make application to the Foreign Trade
Zones Board established by the act of Congress, approved June
eighteenth, nineteen hundred thirty-four, entitled "An act to provide
the establishment, operation and maintenance of foreign trade zones in
ports of entry of the United States, to expedite and encourage foreign
commerce, and for other purposes," for a grant to Cortland county of the
privilege to have established, operated and maintained, a foreign trade
zone or zones or foreign trade sub-zone or sub-zones within such county,
pursuant to the provisions of such act, and if such application be
granted, to have established, operated and maintained such zone in
accordance with law. The county of Cortland may enter into such
contracts and may appropriate such sums of money and may take such
further actions as it may deem appropriate, subject to the provisions of
this article, towards the promotion, establishment and maintenance of
such zone or zones.
24. The county of Jefferson, acting through the chairman of the board
of supervisors, may make application to the Foreign Trade Zones Board
established by the act of Congress, approved June eighteenth, nineteen
hundred thirty-four, entitled "An act to provide the establishment,
operation and maintenance of foreign trade zones in ports of entry of
the United States, to expedite and encourage foreign commerce, and for
other purposes," for a grant to Jefferson county of the privilege to
have established, operated and maintained, a foreign trade zone or zones
within such county, pursuant to the provisions of such act, and if such
application be granted, to have established, operated and maintained
such zone in accordance with law. The county of Jefferson may enter into
such contracts and may appropriate such sums of money and may take such
further actions as it may deem appropriate, subject to the provisions of
this article, towards the promotion, establishment and maintenance of
such zone or zones. Such chairman may delegate the responsibility to
operate and maintain such trade zone or zones to the Jefferson county
industrial development agency established pursuant to section eight
hundred ninety-two-e of the general municipal law.
25. The county of Chautauqua may make application to the Foreign Trade
Zones Board established by the act of Congress, approved June
eighteenth, nineteen hundred thirty-four, entitled "An act to provide
for the establishment, operation and maintenance of foreign trade zones
in ports of entry of the United States, to expedite and encourage
foreign commerce, and for other purposes," for a grant to Chautauqua
county of the privilege to have established, operated and maintained a
foreign trade zone or zones and foreign trade sub-zone or sub-zones
within such county, pursuant to the provisions of such act, and if such
application be granted, to have established, operated and maintained
such zone or sub-zone in accordance with law. The county of Chautauqua
may enter into such contracts and may appropriate such sums of money as
it may deem proper, subject to the provisions of this article, towards
the promotion and establishment of such zones.
26. The county of Oneida may make application to the Foreign Trade
Zones Board established by the act of Congress, approved June
eighteenth, nineteen hundred thirty-four, entitled "An act to provide
for the establishment, operation and maintenance of foreign trade zones
in ports of entry of the United States, to expedite and encourage
foreign commerce, and for other purposes," for a grant to Oneida county
of the privilege to have established, operated and maintained a foreign
trade zone or zones and foreign trade sub-zone or sub-zones within such
county, pursuant to the provisions of such act, and if such application
be granted, to have established, operated and maintained such zone or
sub-zone in accordance with law. The county of Oneida may enter into
such contracts and may appropriate such sums of money as it may deem
proper, subject to the provisions of this article, towards the promotion
and establishment of such zones.
27. The county of Chenango may make application to the Foreign Trade
Zones Board established by the act of Congress, approved June
eighteenth, nineteen hundred thirty-four, entitled "An act to provide
for the establishment, operation and maintenance of foreign trade zones
in ports of entry of the United States, to expedite and encourage
foreign commerce, and for other purposes," for a grant to Chenango
county of the privilege to have established, operated and maintained a
foreign trade zone or zones and foreign trade sub-zone or sub-zones
within such county, pursuant to the provisions of such act, and if such
application be granted, to have established, operated and maintained
such zone or sub-zone in accordance with law. The county of Chenango may
enter into such contracts and may appropriate such sums of money as it
may deem proper, subject to the provisions of this article, towards the
promotion and establishment of such zones.
28. The county of Ontario may make application to the Foreign Trade
Zones Board established by the act of Congress, approved June
eighteenth, nineteen hundred thirty-four, entitled "An act to provide
for the establishment, operation and maintenance of foreign trade zones
in ports of entry of the United States, to expedite and encourage
foreign commerce, and for other purposes," for a grant to Ontario county
of the privilege to have established, operated and maintained a foreign
trade zone or zones and foreign trade sub-zone or sub-zones within such
county, and adjacent counties of Livingston, Wayne, Seneca, Yates and
Steuben pursuant to the provisions of such act, and if such application
be granted, to have established, operated and maintained such zone or
sub-zone in accordance with law. The county of Ontario may enter into
such contracts and may appropriate such sums of money as it may deem
proper, subject to the provisions of this article, towards the promotion
and establishment of such zones.
29. The county of Wyoming may make application to the Foreign-Trade
Zones Board established by the act of Congress, approved June
eighteenth, nineteen hundred thirty-four, entitled "An act to provide
for the establishment, operation and maintenance of foreign trade zones
in ports of entry of the United States, to expedite and encourage
foreign commerce, and for other purposes," for a grant to Wyoming county
of the privilege to have established, operated and maintained a
foreign-trade zone or zones and foreign trade sub-zone or sub-zones
within such county, pursuant to the provisions of such act, and if such
application be granted, to have established, operated and maintained
such zone or sub-zone in accordance with law. The county of Wyoming may
enter into such contracts and may appropriate sums of money as it may
deem proper, subject to the provisions of this article, towards the
promotion and establishment of such zones.
Elimination of noxious weeds. The board of supervisors of any
county may appropriate and expend such sums as it may deem proper for
the elimination of noxious weeds within the county.
The moneys hereby authorized to be appropriated and spent may be
expended in such manner as the board of supervisors may determine,
including personal service, maintenance and operation, or by contract or
contracts for the purposes herein enumerated.
Cooperative extension area and statewide program specialist.
1. Agreements to employ and manage area program specialists.
Notwithstanding the provisions of subdivision eight of section two
hundred twenty-four of this article, two or more county cooperative
extension associations may enter into a separate agreement with Cornell
university to employ area program specialists. Examples of program areas
which could be funded and delivered through the Cornell cooperative
extension system could include but not be limited to water quality,
solid waste management, commercial and alternative agricultural
technologies integrated pest management, nutrition, diet and health,
adult and childhood obesity, asthma and chronic respiratory illness
prevention, community and rural development, housing availability and
affordability, family and economic well being, and the complex problems
of youth at risk. Such annual agreements shall identify the titles of
the positions to be supported and the program areas for which they will
provide leadership. Standards for the employment of area program
specialists, including salaries, shall be established by Cornell
university, through the director of extension in consultation with
county cooperative extension associations, apart from standards for the
employment of professional staff under section two hundred twenty-four
of this article. Area program specialists shall, for administrative
purposes, receive salary payments through the Cornell university payroll
and for such purposes shall be deemed employees of Cornell university;
provided, however, that their program activities shall be directed and
managed jointly by the participating associations and Cornell university
under the terms of the annual memorandum of agreement. Area program
specialists shall be eligible to receive the same state or federal
fringe benefits as professional staff employed by the cooperative
extension associations under the terms of section two hundred
twenty-four of this article.
2. Funding for area program specialists. The salaries and program
expenses of area program specialists shall be supported jointly by state
appropriations and/or other sources and by contributions from
participating cooperative extension associations. The state may
appropriate from funds available in the aid to localities account of the
general fund monies to support the programs and work of area specialists
under agreements with two or more cooperative extension associations.
Such funds shall be appropriated separately from funds appropriated
under section two hundred twenty-four of this article and administered
by the director of extension. State appropriations expended to support
area program specialists must be matched by funds provided from
non-state sources under the annual agreement by the participating
cooperative extension associations.
3. A cooperative extension association participating in an area
program specialist agreement shall continue to be a subordinate
governmental agency and neither the county nor Cornell university nor
any member, officer or director of the association shall be liable in
damages for any injury to person or property in connection with the
activities of the association the proximate cause of which was not
directly their or his fault or negligence.
4. Funding for statewide program specialists. The state may
appropriate monies from the aid to localities account in the general
fund for programs of statewide extension specialists, those funds are to
be administered by the director of extension. Such specialists shall be
employees of Cornell university, which shall establish standards for
their employment. Statewide specialists shall work under the direction
and supervision of Cornell university.
Optional appropriations for public benefit services
administered by the board. 1. The board of supervisors shall have power
to appropriate county funds and to permit the use of county property of
all kinds for the following public benefit, objects and purposes:
(a) Propagation of game, game birds and fish. The amount appropriated
under this paragraph for any fiscal year may equal but not exceed in any
county one-half of one per centum of the total amount of the last
preceding annual budget for county purposes, but in no event an amount
in excess of ten thousand dollars;
(b) Eradication or prevention of bovine tuberculosis or other
infectious or communicable diseases affecting domestic animals and
fowls;
(c) Publicizing the advantages of the county or region, or for
commemoration programs of historical events;
(d) Care of burial lots of deceased members of the armed forces of the
United States located in a cemetery within the county and owned and
maintained by an incorporated cemetery association;
(e) Suppression or control of white pine blister rust and other forest
tree diseases and forest insects under the direction and supervision of
the state conservation department. Employees engaged in such work upon
public or private lands shall not be liable for trespass and no action
shall lie therefor;
(f) Suppression or control of the Japanese beetle infestation under
the direction and supervision of the state department of agriculture and
markets. Employees engaged in such work upon public or private lands
shall not be liable for trespass and no action shall lie therefor; and
(g) Establishment and maintenance of fire training schools for
training firefighters.
(h) Establishment and maintenance of a central fire alarm system.
(i) In the county of Washington for the destruction of bobcats,
porcupines, wolves, coyotes, coydogs and rattlesnakes, and in the county
of Hamilton for the destruction of bobcats, porcupines, wolves, and
coyotes, the funds appropriated therefor to be expended in payment of
bounties to be established by the board of supervisors.
(j) In the counties of Essex, Saratoga, St. Lawrence and Warren for
the destruction of bobcats, wolves, coyotes, coydogs, foxes, porcupines
and rattlesnakes, the funds appropriated therefor to be expended in
payment of bounties to be established by the board of supervisors.
(k) Conservation education, including the promotion of better public
understanding of problems and desirable practices in conservation of
natural resources.
(l) Establishment and maintenance of a county zoo, or the expenditure
of county funds for the support, in whole or in part, of an existing zoo
in the county, owned by a municipal corporation.
(m) eradication or control of the golden nematode infestation under
the direction and supervision of the state department of agriculture and
markets. Employees engaged in such work upon public or private lands
shall not be liable for trespass and no action shall lie therefor.
(n) Without limitation of the foregoing for any of the public
benefits, objects and purposes which are set forth in section two
hundred twenty-four of this county law as amended.
2. The board shall provide for the expenditure for wages, equipment
and supplies, under the direction of a committee from its membership.
Authority may be granted to the chairman of such committee to issue
orders upon the county treasurer for such expenditures. The board shall
require a report of such expenditures with verified or certified
vouchers attached. The board of supervisors may adopt such rules as it
may deem necessary governing the expenditure of such moneys and may
require a bond in such amount as it shall determine.
3. The board may authorize the expenditure of county funds for any or
all of such public benefit objects and purposes jointly with another
county or counties. The board of each participating county shall appoint
a committee to act for it in connection with such project. Such
committees in joint sessions shall select one of their members to be
chairman and shall designate the county treasurer of one of the
participating counties to be custodian of the project fund. Each county
treasurer shall pay to the designated county treasurer whatever portion
of the total estimated cost of the project its board of supervisors has
determined to contribute. Such joint fund shall be deemed the fund of
all participating counties in proportion to the contribution made by
each. Orders upon the fund shall be signed by the chairman. Reports of
expenditures with verified or certified vouchers attached shall be made
annually to the board of supervisors of each participating county.
Fire training and mutual aid programs. 1. In order to develop
and maintain programs for fire training, fire service-related activities
and mutual aid in cases of fire and other emergencies in which the
services of firefighters would be used and to cooperate with the office
of fire prevention and control in furthering such programs, the board of
supervisors of any county may create a county fire advisory board and
may establish the office of county fire coordinator.
2. A county fire advisory board shall consist of not less than five
nor more than twenty-one members, each of whom shall be appointed by the
board of supervisors for a term of not to exceed one year, two years or
three years. Such terms of office need not be the same for all members.
It shall be the duty of such board to cooperate with the office of fire
prevention and control in relation to such programs for fire training,
fire service-related activities and mutual aid; to act as an advisory
body to the board of supervisors and to the county fire coordinator, if
any, in connection with the county participation in such programs for
fire training, fire service-related activities and mutual aid and in
connection with the county establishment and maintenance of a county
fire training school and mutual aid programs in cases of fire and other
emergencies in which the services of firefighters would be used; to
perform such other duties as the board of supervisors may prescribe in
relation to fire training, fire service-related activities and mutual
aid in cases of fire and other emergencies in which the services of
firefighters would be used. The members of such board shall be county
officers, and shall serve without compensation.
3. If the office of county fire coordinator is created in any county,
the board of supervisors thereof shall appoint a county fire
coordinator. It shall be his or her duty to administer the county
programs for fire training and mutual aid in cases of fire and other
emergencies in which the services of firefighters would be used; to act
as a liaison officer between the board of supervisors and the county
fire advisory board and the fire fighting forces in the county and the
officers and governing boards or bodies thereof; and to perform such
other duties as the board of supervisors shall prescribe. The county
fire coordinator shall be a county officer and the amount of his or her
compensation, if any, shall be fixed by the board of supervisors.
4. A member of the board of supervisors, the county fire coordinator,
or a deputy county fire coordinator appointed pursuant to the provisions
of section four hundred one of this chapter, may be appointed as a
member of the county fire advisory board, but shall receive no
additional compensation for services performed as a member of such
advisory board.
5. Where, pursuant to section one hundred eighty-four of the town law,
a town has contracted with an incorporated fire company to furnish fire
protection within a fire protection district, the respective county may
acquire by gift or purchase suitable apparatus and appliances for use in
such district and in conjunction with the county mutual aid program and
may contract with said incorporated fire company for operation,
maintenance, and repair of same and for the furnishing of fire
protection in such district.
Contracts for visiting nursing services. The board of
supervisors of any county may, upon recommendation of the county board
of health, contract with any nonprofit institution or agency, wholly or
partly under private control, organized to furnish visiting nursing and
public health services and agree to pay fees specified in the said
contract for such services furnished to inhabitants of the county. Any
fees for services collected by the institution or agency for services
rendered under such contract shall be credited against the amount
payable by the county under the terms of the contract. Such contracts
shall be effective only upon approval of the state commissioner of
health and the state comptroller. Such contracts shall provide that the
contracting institution or agency will comply with all rules promulgated
by the county health commissioner. Such boards of supervisors are
authorized and empowered to appropriate the sums required to be paid to
such institutions and agencies under the terms of such contracts and to
raise the amount thereof by taxation.
Monuments and memorials. 1. The board of supervisors of any
county may, by the affirmative vote of two-thirds of its total
membership erect in the county, monuments and memorials in commemoration
of the members of the armed forces of the United States in any of its
wars or of any person or event. Adequate funds may be appropriated and
expended for the site and structure and thereafter funds may be
appropriated for its maintenance and repair. Trustees may be designated
by the board who shall serve without compensation. If there already
exists within the county a monument or memorial commemorating the same
historical site, person or event which was erected and is maintained by
a city, town or village, no tax shall be levied upon the property within
such city, town or village without the approval of the governing board
of such city, town or village.
2. Any county may, before acting under subdivision one of this
section, by resolution of its board of supervisors, cause to be
submitted to the qualified electors of said county, in the manner
provided for the submission of a question to electors by the election
law and article three of this chapter, a proposition or question as to
whether a monument or memorial as provided for in such subdivision
should be erected.
3. Expenditures for county monuments and memorials erected pursuant to
section seventy-seven-a of the general municipal law shall be levied
upon all taxable real property within the county without approval of
local authorities, even though there exists honor rolls or other
monuments or memorials in commemoration of the members of the armed
forces of the United States from such cities, towns and villages.
Patriotic observances. The county legislature and/or board of
supervisors, as the case may be, of any county or borough outside the
city of New York, is hereby authorized to appropriate and set aside each
year such sums it may deem proper for the purpose of providing for the
due and proper observance of any legal holiday, including Columbus day.
Solid waste management; resource recovery. 1. The legislative
body of any county may appropriate and expend such sums as it may deem
proper to provide for the separation, collection and management of solid
waste in such county and for that purpose may acquire, construct,
operate and maintain solid waste management facilities, acquire the
necessary lands therefor, and purchase, operate and maintain all
necessary appliances appurtenant thereto, including collection
facilities and such vehicles as may be required for such purposes. In
selecting a location for any solid waste management facility, the county
legislative body shall take into consideration the present and any
proposed land use character of the area of any proposed location and the
zoning regulations, if any, applicable to such area.
2. The legislative body of any county may, by resolution, establish
schedules of rates or fees to be charged for any solid waste collection
or management facilities or services provided pursuant to subdivision
one of this section, which rates or fees may be collected and unpaid
rates and fees enforced and collected in the same manner as provided in
section two hundred sixty-six of this chapter.
3. The term "solid waste" shall mean all materials or substances
discarded or rejected as being spent, useless, worthless or in excess to
the owners at the time of such discard or rejection, including but not
limited to garbage, refuse, industrial and commercial waste, sludges
from air or water pollution control facilities or water supply treatment
facilities, rubbish, ashes, contained gaseous material, incinerator
residue, demolition and construction debris and offal but not including
sewage and other highly diluted water carried materials or substances
and those in gaseous form, and "solid waste management facility" shall
mean any facility employed beyond the initial solid waste collection
process including, but not limited to, recycling centers, transfer
stations, baling facilities, rail haul or barge haul facilities,
processing systems, including resource recovery facilities or other
facilities for reducing solid waste volume, sanitary landfills, plants
and facilities for compacting, composting or pyrolization of solid
wastes, incinerators and other solid waste disposal, reduction or
conversion facilities.
4. A county acting within its boundaries pursuant to this section
shall be deemed to be acting in its governmental capacity. Nothing
herein contained shall prevent a county from entering into a municipal
cooperation agreement pursuant to article five-G of the general
municipal law.
5. The county of Westchester having been designated as a planning unit
pursuant to section 27-0107 of the environmental conservation law, shall
have power to adopt and amend local laws, ordinances and regulations
that license and/or regulate collecting, receiving, transporting,
delivering, storing, processing and disposing of solid waste and
recyclable or reusable material that are originated or brought within
the county, to the extent that such licensing and/or regulation is
necessary to carry out or to further the goals of the county's solid
waste management plan and that said plan has been approved by the
department of environmental conservation. The county of Westchester may
also adopt a local law or ordinance pursuant to section one hundred
twenty-aa of the general municipal law, governing the source-separation
and segregation of recyclable or reusable materials from solid waste.
Any law, ordinance, or regulation adopted by the county of Westchester
pursuant to this subdivision shall take precedence over and shall
supersede any inconsistent provisions of any such local law, ordinance
or regulation enacted by any other municipality within the boundaries of
the county of Westchester commencing September first, nineteen hundred
ninety-two, except that no county source separation law may authorize
enforcement proceedings and penalties against a municipality for that
municipality's failure to meet specific recycling goals set by the
county in accordance with the county's state-approved solid waste
management plan until September first, nineteen hundred ninety-four,
provided, that the municipality has adopted a local recycling plan
reasonably designed to meet said recycling goals and has demonstrated
good faith in implementing its recycling program. For purposes of this
subdivision the term "solid waste" shall have the same meaning as
provided in subdivision three of this section and shall include
materials separated from the waste stream pursuant to section one
hundred twenty-aa of the general municipal law. Such term, however,
shall not include any scrap or other material of value separated from
the waste stream and held for purposes of materials recycling.
* § 226-c. Waiver of fees for veterans' organizations. The Erie county
legislature is hereby authorized to waive fees, including but not
limited to building permit review fees and fees associated with capital
improvements to any post or hall owned by a not-for-profit
congressionally chartered veterans' organization located in such county.
* NB There are 3 § 226-c's
Waiver of fees for veterans' organizations. The Westchester
county legislature is hereby authorized to waive fees by local law,
including but not limited to building permit review fees and fees
associated with capital improvements to any post or hall owned by a
not-for-profit congressionally chartered veterans' organization located
in such county.
Waiver of fees for veterans' organizations. The Niagara
county legislature is hereby authorized to waive fees by local law,
including but not limited to building permit review fees and fees
associated with capital improvements to any post or hall owned by a
not-for-profit congressionally chartered veterans' organization located
in such county.
Legalizing acts. 1. Power to legalize. The board of supervisors
of any county shall have power to legalize and validate any act had and
taken in connection with a lawful municipal purpose or for a lawful
municipal object or purpose, by the governing board or other local body,
officer or agency of a municipality wholly within the county if, after a
public hearing held in the affected municipality pursuant to notice and
upon the evidence given thereat, the board of supervisors shall find
that the defect sought to be cured was: (a) failure to perform an act
within the time prescribed by law; (b) that the form of any notice
required by law was defective; (c) that the service, posting or
publication of any notice was not performed within the time and in the
manner required by law; (d) that through an intentional act performed in
good faith to meet an emergency situation or through inadvertence,
mistake or error in accounting methods or otherwise, a fund or
appropriation account has been overdrawn, and the fund or account has
been reimbursed by transfer thereto of unobligated moneys from another
municipal fund or account; (e) that through inadvertence, mistake or
error a mandatory appropriation was omitted from an adopted budget and
the budget was later amended and appropriation made to cure the defect;
(f) that an adopted budget was amended to include a discretionary
appropriation after a public hearing pursuant to notice; (g) that
through inadvertence, mistake or error an act was recorded at a later
date than was prescribed by law, or otherwise that a defect existed in
the manner or method of recording the same; (h) that through
inadvertence, mistake or error, the governing board or other local body,
officer or agency of a municipality charged by law with the duty failed
or neglected to submit a referendum to the electors when required by law
and either at least two years have elapsed since the completion of the
project and payment of the cost thereof, or, in any other case, at least
two years have elapsed since the date when the referendum should have
been held; (i) that through an intentional act performed in good faith
to meet an emergency situation or through inadvertence, mistake or error
in accounting methods or otherwise, obligations have been incurred
against a fund or account in excess of the total amount appropriated or
lawfully transferred thereto; that the officer, body or agency,
incurring such excess obligation, or his or its successor, has furnished
a detailed sworn explanation in writing of the intentional act performed
in good faith to meet an emergency situation or the inadvertence,
mistake or error and has made application for additional funds to pay
such obligation and that the governing board or other local body, after
a public hearing on notice in the same manner as provided in subdivision
two hereof, by at least a two-thirds vote of the whole number of the
members thereof has approved the presentation of a petition to the board
of supervisors to validate and legalize such obligation and to obtain
authorization for its payment.
2. Procedure to legalize. Any municipality or local officer or agency
seeking relief under this section shall present to the board of
supervisors of the county a petition duly verified setting forth the
facts and praying for the relief authorized by this section. Attached to
such petition shall be certified copies of all acts done and proceedings
had in relation to the subject matter sought to be legalized. The board
of supervisors may direct the governing board or officers to do that
which should have been done in the first instance and the time
prescribed by law for the performance of the act shall be deemed
extended to allow compliance therewith, and such acts shall not be
legalized until proof is submitted of such compliance. Notice stating
the time, place and purpose of the public hearing shall be published at
least once in a newspaper designated by the board with due regard for
circulation in the municipality affected, and posted in at least three
public conspicuous places in the municipality at least five days before
the date set for the public hearing. One of such notices shall be posted
upon the bulletin board of the respective city, village or town clerk's
office. The power to conduct such public hearing may be delegated to a
standing or special committee of the board which shall file with the
board a transcript of the evidence produced together with its
recommendations thereon. The board of supervisors or such committee
shall have power to compel the production of, and shall consider, any
documents or other evidence deemed pertinent to the inquiry and may
adjourn from time to time. The legalizing act must be adopted by the
affirmative vote of two-thirds of the whole number of the members of the
board at a regular or special meeting, provided, however, that
legalizing action taken pursuant to paragraph (i) of subdivision one of
this section shall be by local law, and provided further where on
request of the board the state comptroller submits to it his certified
findings and approval of a petition presented pursuant to paragraph (i),
such local law may be adopted by the affirmative vote of a majority of
the whole number of the members of the board. The legalizing act shall
recite the filing of the petition and all proceedings taken thereon and
shall contain the text of the act sought to be legalized and the method
of, and the maximum maturity of the bonds or capital notes, if any, for
financing the obligation or obligations so legalized and validated. It
shall state the intentional act, mistake, error or omission cured by the
legalizing act; that such intentional act, mistake, error or omission
was not the result of fraud and that no substantial hardship will result
therefrom and the determination thereon by the board of supervisors
legalizing and validating the same. A copy of the legalizing act
certified by the clerk of the board shall be published at least once a
week for two consecutive weeks in a newspaper designated by the board
with due regard for circulation in the municipality affected, the first
publication of which shall be had within twenty days after the
legalizing act is adopted. The petition and related papers, or certified
copies thereof, shall be filed in the office of the county clerk.
Subject to limitations or restrictions prescribed by the board of
supervisors, the amount of any obligations legalized and validated
hereunder may be paid from available funds or shall be deemed to be a
settled claim within the meaning of subdivision thirty-three of
paragraph a of section 11.00 of the local finance law which may be
financed by the issuance of bonds or capital notes, provided, however,
that the maximum maturity of any such bonds shall not exceed six years
from the date of issuance of such bonds or from the date of issuance of
the earliest bond anticipation note issued in anticipation thereof,
whichever date is the earlier, and provided further, however, that the
cost shall be charged against the area normally responsible for the
payment of the obligation which had been legalized and validated. The
cost of all publications under this section shall be a charge upon and
be paid by the petitioner. A copy of the legalizing act duly certified
by the clerk shall be filed with the state comptroller and with the
petitioner. The term "municipality" as used in this section shall
include a city, town or village or a fire district, special district,
special improvement district or other local governmental agency or
authority created by or pursuant to law.
3. Review by the court. Within thirty days after the first publication
of the legalizing act of the board of supervisors, a proceeding may be
brought under article seventy-eight of the civil practice act to review
the same. The legalizing act may be contested only upon the grounds that
the act was not performed in the exercise of a lawful object or purpose,
or that the finding that the act was performed in good faith and no
substantial hardship of fraud resulted is against the weight of
evidence, or that there existed a jurisdictional defect beyond the power
of the board of supervisors to legalize, or that the board of
supervisors did not comply with law in legalizing the same.
4. Application. The provisions of this section shall not apply to
action had or taken by any such governing board or other local body,
officer, or agency of a municipality when a remedy to legalize and
validate the same already exists in law; nor shall it apply to any
action had or taken in violation of the provisions of the state
constitution; nor shall it authorize the board of supervisors to
legalize or validate fraudulent acts of the governing board or other
local body, office or agency of a municipality; nor shall it authorize
the board of supervisors to legalize and validate any act resulting in
unusual hardship to the qualified voters of the petitioner. It is hereby
declared and determined that the powers conferred upon the boards of
supervisors of counties under this section are powers of local
legislation within the meaning and intent of article nine of the
constitution and that the exercise of such powers shall be deemed to be
the exercise of a lawful county function. Nothing in this section
contained shall be construed to restrict the powers of the legislature
in relation to cities, towns, villages or other local governmental
agencies created or established by law.
Disputed town boundaries. Jurisdiction is hereby conferred upon
the supreme court and the county court to hear and determine disputed
town boundaries in an action brought by any town affected thereby. A
certified copy of the judgment containing the courses, distances and
fixed monuments shown upon a map or survey shall be filed in the office
of the town clerk of each town affected thereby and in the office of the
secretary of state within thirty days after the judgment shall have
become final. The secretary of state shall cause the same to be printed
and published with the session laws.
Erection and dissolution of towns. The board of supervisors
shall perform the duties prescribed by the town law relating to the
erection of new towns and the dissolution of towns.
Expenses of police officer or peace officer injured in line of
duty. The board of supervisors may, in its discretion, audit and pay the
reasonable medical and hospital expenses of any police officer or peace
officer of the county injured in the line of duty while executing a
criminal process for which the county is liable for payment of the fees
and for which he is not compensated under the provisions of the workers'
compensation law. The claim shall be presented within one year from the
date of the injury and shall be itemized and verified or certified.
County officers' and county executives' associations. Power is
granted each board of supervisors to appropriate and pay annually to the
treasurer of the New York state association of counties, and/or to the
treasurer of the county executives' association of the state of New
York, and/or to the treasurer of the county legislators and supervisors
association of New York State, and/or to the treasurer of the New York
state association of directors of real property tax services, an amount
not exceeding that apportioned and requested as its share of the actual
and necessary expenses of maintaining each of said associations in their
activities in the promotion of better county government.
Procedure on tax limit increase. 1. In accordance with section
ten of article eight of the constitution, the amount to be raised in any
county by tax on real estate in any fiscal year for county purposes, in
addition to providing for the interest on and the principal of all
indebtedness, shall not exceed an amount equal to one and one-half per
centum of the average full valuation of taxable real estate of such
county, less the amount to be raised by tax on real estate in such year
for the payment of the interest on and the redemption of certificates or
other evidence of indebtedness described in paragraphs A and D of
section five of article eight of the constitution, or renewals thereof.
If any joint indebtedness described in title one-A of article two of the
local finance law is allocated and apportioned, or is excluded, under or
pursuant to such title or any other provision of law for the purpose of
determining the debt-contracting power of a county, city, town, village
or school district, such allocation and apportionment, or exclusion,
shall not limit the amount to be raised in any county outside the
foregoing limitation, or outside such limitation as increased as
hereinafter provided in this section, to provide for the interest on and
the principal of any greater proportionate share of such debt service
which the county has agreed or is required to provide. The total of the
amounts which may be so raised by all participating public corporations
outside any limitation imposed by or pursuant to section ten of article
eight of the constitution to provide for their respective portions of
any payment of principal or of interest on joint indebtedness shall not
exceed the full amount required to be provided by all of such
participants to make any such payment. The average full valuation of
taxable real estate of a county shall be determined by taking the
assessed valuations of taxable real estate on the last completed
assessment rolls and the four preceding rolls of such county, and
applying thereto the ratio which such assessed valuation on each of such
rolls bears to the full valuation, as determined by the state officer or
agency authorized to make such determinations.
2. The limitation imposed by or pursuant to section ten of article
eight of the constitution and subdivision one of this section on the
amount that may be raised in a county by tax on real estate in any
fiscal year for county purposes may be increased from time to time to
not to exceed the two per centum maximum limitation imposed by such
section of the constitution. Any such increase may be effectuated by a
resolution of the board of supervisors:
a. Approved by the affirmative vote of two-thirds of the whole number
of its membership, or
b. Approved by the affirmative vote of a majority of the whole number
of its membership submitting a proposition for such increase to a
mandatory referendum to be held pursuant to article three of this
chapter. Such proposition shall not become effective until the approval
thereof at such referendum. The board of supervisors shall not have
power to take action pursuant to paragraph a of this subdivision unless
the proposed resolution shall have been presented at a meeting of the
board held not less than two weeks and not more than three months before
the meeting at which the vote thereon is taken and a public hearing, at
a time and place fixed by the board, shall have been held on such
proposed resolution after a notice of such hearing, including the time
and place thereof, shall have been published not less than ten days
prior thereto in the official newspapers and also in such other
newspapers having general circulation in the county as shall be
designated by the board for such purpose.
3. A resolution adopted pursuant to subdivision two of this section
shall specify:
a. That the board of supervisors (1) approves the increase in the tax
limitation pursuant to paragraph a of subdivision two of this section,
or (2) that such board approves the submission of a proposition to
increase the tax limitation at a mandatory referendum pursuant to
article three. Where a proposition is so submitted to a mandatory
referendum, the resolution also shall specify whether such proposition
shall be voted upon at a general or special election and the date of
such election, provided, however, that any such date shall be not less
than sixty days after the adoption of such resolution.
b. The constitutional tax limitation then applicable to the county
phrased in terms of percentage and the proposed increased tax limitation
similarly phrased.
c. That such increase shall become effective (1) immediately, in the
event the resolution is adopted pursuant to paragraph a of subdivision
two, or (2) immediately upon the approval of the proposition at the
election in the event a proposition is submitted pursuant to this
section to a mandatory referendum.
d. That in the event a proposition is submitted pursuant to this
section to a mandatory referendum, the form thereof shall be as follows:
"Shall the constitutional real estate tax limitation of the County of
..................... be increased, in accordance with the State
Constitution, Article VIII, Section 10, from the present limit of
................... % to a limit of ............... %?"
4. Notice of any such election shall be published in the manner
provided in section seventy-seven of the election law for notice of a
general election.
5. Except as otherwise provided in this section, the provisions of the
election law governing the conduct of a general election and the payment
of the expenses thereof shall apply where such an election is held on
the day of the general election in November and the provisions of the
election law governing the conduct of a special election and the payment
of the expenses thereof shall apply where such an election is held on a
day other than that of the general election in November. A proposition
to be voted on pursuant to this section shall be submitted in the manner
provided in the election law and all provisions of such law, not
inconsistent with this chapter, relating to the submission and to the
taking, counting and returning the vote and canvassing the results upon
a proposition or question submitted pursuant to law to the voters of the
state shall apply to such proposition. It shall be the duty of the board
of elections to prepare the ballots, voting machines and other matters
so that such election may be properly had and conducted.
6. The supreme court shall have jurisdiction under article fourteen of
the election law to determine questions of law and fact with respect to
any election conducted pursuant to this section.
7. Upon the completion of its canvass of the votes cast on any
proposition submitted pursuant to this section, the board of elections
shall certify to the board of supervisors the total number of valid
votes cast in favor of and the total number of valid votes cast against
such proposition.
8. Where the constitutional tax limitation is increased by a
resolution of the board of supervisors adopted pursuant to paragraph a
of subdivision two of this section, or where a proposition to increase
such limitation is approved by more than fifty per centum of the duly
qualified voters of the county voting thereon at a mandatory referendum,
the constitutional tax limitation of such county shall be increased in
accordance therewith, and the clerk of the board of supervisors
forthwith shall file with the secretary of state, state comptroller and
county clerk a certified copy of the resolution adopted pursuant to this
section together with his certificate as to the manner in which and the
date on which such increase became effective.
9. It shall be the duty of the secretary of state to cause to be
published separately under an appropriate heading, in the appendix of
the session laws of each year and in the appendix of the local laws of
each year, the names of the counties which have increased their
constitutional tax limitations pursuant to this section, with a
statement of the percentage to which such limitation was so increased
and the date on which such increase became effective.
Amounts to be included or excluded in computing
constitutional taxing power. 1. For the purpose of computing the amount
that may be raised in any county by tax on real estate in any fiscal
year for county purposes in accordance with section ten of article eight
of the constitution, county purposes shall include, but not be limited
to, the following:
Agriculture and markets law
a. Weights and measures administration, as provided by article sixteen
of the agriculture and markets law.
Conservation law
b. Extinguishing fires, as provided by section fifty-three of the
conservation law.
County law
c. Making payments pursuant to contracts for the reception and custody
of prisoners, as provided by subdivision eleven of section twelve of the
county law.
d. Public health services, as provided by subdivision forty-four-a of
section twelve of the county law.
e. Performance of public purposes by independent organizations, as
provided by subdivisions forty-three, forty-four, forty-seven,
forty-eight, and forty-nine-a of section twelve of the county law and
similar laws.
f. Making refunds on account of the collection of taxes illegally or
improperly assessed or levied, in the proportion that the county
benefited by such collection, where such refunds are made pursuant to
section sixteen of the county law.
g. Printing and distribution of proceedings of the board of
supervisors, as provided by section nineteen or section nineteen-a of
the county law.
h. Working on and making copies of assessment-rolls and tax-rolls
pursuant to subdivisions eleven and twelve of section twenty-three of
the county law.
i. Salary of the first assistant district attorney of Monroe county in
accordance with the provisions of section two hundred three of the
county law.
Education law
j. Library expenses pursuant to section two hundred fifty-seven or two
hundred hundred fifty-eight of the education law.
k. County vocational education and extension board expenses in
accordance with article twenty-three of the education law.
m. Providing for community colleges pursuant to paragraph b of
subdivision one of section sixty-three hundred five of the education
law.
Election law
n. Election expenses apportioned to the county pursuant to sections
4-136 and 4-138 of the election law and section three hundred
sixty-one-a of the county law.
Executive law
o. Expenses of county veterans' service agencies pursuant to section
one hundred seventy-one of the executive law.
Highway law
p. Expenses apportioned to the county for the construction or
improvement of bridges pursuant to section two hundred thirty-three of
the highway law.
Judiciary law
q. Reimbursement to the state for sums paid by the state on behalf of
the county and which reimbursement is raised by the county in the manner
provided by section seventy-four of the judiciary law.
Public health law
u. Support of a county or part-county health district pursuant to
article three of the public health law.
v. Support of a county laboratory pursuant to sections five hundred
twenty-two and five hundred twenty-three of the public health law.
Social welfare law
w. Reimbursement to another public welfare district, pursuant to
subdivision two of section sixty-two of the social welfare law or
section two hundred thirty-three of the family court act for hospital or
other institutional care rendered to a local charge of the county's
public welfare district.
x. Expenses of adult institutional care, care for any child or minor
under the age of eighteen years who is cared for away from his parents,
and hospital care, where charge-backs for such expenses are made against
a town or city in a county public welfare district pursuant to
subdivision one of section seventy of the social welfare law or section
two hundred thirty-three of the family court act.
y. Assistance and care in a county public welfare district, where such
assistance and care is administered under the direction of a county
commissioner of public welfare and where the county has assumed the
responsibility therefor pursuant to sections seventy-two and
seventy-three of the social welfare law.
z. Assistance and care in a city in a county public welfare district,
where such assistance and care is administered by the county pursuant to
subdivision two of section seventy-four-d of the social welfare law.
aa. Support of a public home maintained by a county public welfare
district, or for the amount to be paid by such district to another
public welfare district in accordance with a contract for care and
maintenance of persons in need of institutional care, where such home is
maintained or such contract is made pursuant to section one hundred
ninety-three of the social welfare law.
Real property tax law
bb. Making refunds on account of the collection of taxes attributable
to clerical errors, errors in essential fact, or unlawful entries as
those terms are defined in section five hundred fifty of the real
property tax law, in the proportion that the county benefited by such
collection, where such refunds are made pursuant to section five hundred
fifty-six or five hundred fifty-six-a of the real property tax law.
cc. Amounts to be paid on account of taxes returned as unpaid pursuant
to section nine hundred thirty-six of the real property tax law.
dd. Expense of preparing conveyances of lands sold for taxes, as
provided by section one thousand eighteen of the real property tax law.
ee. Making refunds to tax sale purchasers required by reason of error
or irregularity in the assessment or levying of a tax, in the proportion
that the county benefited by the return of such tax, where such refunds
are made pursuant to section one thousand thirty of the real property
tax law.
ff. Expense of publishing notice of unredeemed lands, as provided by
section one thousand fourteen of the real property tax law.
gg. Making refunds to taxpayers required by reason of amounts of taxes
paid upon unlawful, excessive or unequal assessments, in the proportion
that the county benefited by such payment, where such refunds are made
pursuant to section seven hundred twenty-six of the real property tax
law.
Special laws
hh. Reimbursement to the state for part of the cost of construction of
erosion-arresting public works by the county where such reimbursement is
made by the county from a general tax levied upon all taxable property
located therein, as provided by section two of chapter five hundred
thirty-five of the laws of nineteen hundred forty-five, as amended.
ii. Sanitary sewers and public works constructed at the expense of and
as a general purpose of the county of Onondaga, as provided by chapter
five hundred sixty-eight of the laws of nineteen hundred thirty-three,
as amended.
jj. Expenses of the police department of the county of Nassau which
are charged to the county or to the area of the county within the county
police district, as provided by section 8-15.0 of the Nassau county
administrative code.
2. For the purpose of computing the amount that may be raised in any
county by tax on real estate in any fiscal year for county purposes in
accordance with section ten of article eight of the constitution,
amounts assessed by a county as assessments for benefit shall be
excluded from the computation of the amount that may be so raised.
Assessments for benefit that shall be so excluded shall include, but not
be limited to, assessments for the following purposes.
Conservation law
a. River improvements, river regulation or drainage pursuant to
article six, seven or eight of the conservation law, as the case may be.
Special laws
b. Reimbursement to the state for part of the cost of construction of
erosion-arresting public works by the county, where such reimbursement
is made by the county from special assessments upon the real property
benefited thereby, as provided by section two of chapter five hundred
thirty-five of the laws of nineteen hundred forty-five, as amended.
c. Making payments to the county of Onondaga for sanitary sewer and
public works purposes, where such amounts are assessed upon property
specially benefited thereby in a town, village or city, as provided by
chapter five hundred sixty-eight of the laws of nineteen hundred
thirty-three, as amended.
3. For the purpose of computing the amount that may be raised in any
county by tax on real estate in any fiscal year for county purposes in
accordance with section ten of article eight of the constitution,
amounts raised for each of the following purposes shall be excluded from
such computation and treated as indicated:
County law
a. Custody of prisoners by a town, village or city in Westchester
county, as provided by subdivision fifty-seven of section twelve of the
county law. A tax so levied shall be treated as a purpose of and a
charge against such town, village or city, as the case may be.
b. Making refunds on account of the collection of taxes illegally or
improperly assessed or levied in the proportion that a tax district or
districts in the county benefited by such collection, where such refunds
are made pursuant to section sixteeen of the county law. A tax so levied
upon such a tax district shall be treated as a purpose of and charge
against such district.
Education law
c. Support of a school hygiene district pursuant to section nine
hundred nine of the education law. A tax so levied upon a town, union
free school district or city shall be treated as a purpose of and a
charge against such town, school district or city, as the case may be.
d. Increase of salary of a district superintendent of schools pursuant
to subdivision two of section twenty-two hundred nine of the education
law. A tax so levied upon property in a town shall be treated as a
purpose of and a charge against such town.
Election law
e. Election expenses apportioned to a city, town or village pursuant
to sections ninety-three and ninety-four of the election law. A tax so
levied shall be treated as a purpose of and charge against such city,
town or village, as the case may be.
Highway law
f. Expenses apportioned to a town for the construction or improvement
of bridges pursuant to section two hundred thirty-three of the highway
law. A tax so levied upon a town shall be treated as a purpose of and a
charge against such town.
Public health law
g. Expenses of a laboratory supply station or substation apportioned
to a city, village, town or consolidated health district pursuant to
section five hundred sixty-three of the public health law. A tax so
levied shall be treated as a purpose of and charge against such city,
village, town or consolidated health district, as the case may be.
h. Amount apportioned to a town, village or city for the support of a
consolidated health district, in accordance with section three hundred
ninety-nine of the public health law. A tax so levied shall be treated
as a purpose of and charge against such town, village or city, as the
case may be.
Social services law
i. Safety net assistance and medical care given at home for persons
residing in or found in a town or city in a county social services
district, as provided by subdivisions two and three of section
sixty-nine of the social services law. A tax so levied shall be treated
as a purpose of and a charge against such town or city, as the case may
be.
j. Payment of the principal of and interest on bonds as provided by
subdivision six of section ninety-three of the social services law. A
tax so levied shall be treated as being imposed for debt service.
k. Burial of recipients of public assistance or care, where
charge-backs for such expenses are made against a town or city in a
county public welfare district pursuant to subdivision two of section
one hundred forty-one of the social welfare law. A tax so levied shall
be treated as a purpose of and a charge against such town or city, as
the case may be.
l. Veteran assistance given by a city or town in a county social
services district to persons residing or found therein, as provided by
subdivision two of section one hundred seventy-one of the social
services law. A tax so levied shall be treated as a purpose of and a
charge against such city or town, as the case may be.
Real property tax law
m. Supplying assessment rolls prepared in accordance with sections
five hundred two and five hundred four of the real property tax law. A
tax so levied shall be treated as a purpose of and charge against the
city, town or village, as the case may be, for which the rolls are
prepared.
n. Making refunds on account of the collection of taxes attributable
to clerical errors, errors in esstential fact, or unlawful entries as
those terms are defined in section five hundred fifty of the real
property tax law, in the proportion that a tax district or districts in
the county benefited by such collection, where such refunds are made
pursuant to section five hundred fifty-six or five hundred fifty-six-a
of the real property tax law. A tax so levied upon such a tax district
shall be treated as a purpose of and charge against such district.
o. Preparing and mailing statements of taxes pursuant to section nine
hundred twenty-two of the real property tax law. A tax so levied shall
be treated as a purpose of and a charge against the tax district
preparing and mailing the same.
p. Preparing and mailing statements of taxes to non-residents pursuant
to section nine hundred eighty-two of the real property tax law. A tax
so levied shall be treated as a purpose of and charge against the town,
village or school district preparing and mailing the same, as the case
may be.
q. Making refunds to tax sale purchasers required by reason of error
or irregularity in the assessment or levying of a tax, in the proportion
that a tax district or districts in the county benefited by the return
of such tax, where such refunds are made pursuant to section one
thousand thirty of the real property tax law. A tax so levied upon such
a tax district to pay such a refund shall be treated as a purpose of and
charge against such district.
r. Making refunds to taxpayers required by reason of amounts of taxes
paid upon unlawful, excessive or unequal assessments, in the proportion
that a town, village, city or special district in the county benefited
by such payment, where such refunds are made pursuant to section seven
hundred twenty-six of the real property tax law. A tax so levied upon a
town, village, city or special district for which the excess of tax was
collected shall be treated as a purpose of and charge against such town,
village, city or special district, as the case may be.
Town law
s. Amounts specified in annual budgets of towns, as provided by
section one hundred fifteen of the town law. A tax or assessment so
levied shall be treated as a purpose of and charge against the town or
district for which they are levied.
Workmen's compensation law
t. Amounts included in a tax levy to pay the share of a participant,
other than the county, in a county self-insurance plan in accordance
with the provisions of article five of the workmen's compensation law. A
tax so levied shall be treated as the purpose of and charge against such
participant.
Special laws
u. Amounts charged against the county pursuant to subdivision three of
section four of chapter six hundred seventy-eight of the laws of
nineteen hundred twenty-eight, as amended, for the amortization of bonds
issued for grade crossing purposes pursuant to section fourteen of
article seven of the constitution. A tax so levied shall be treated as
being levied for debt service.
v. Amounts charged against the county or a town therein for the
amortization of bonds issued for highway purposes pursuant to chapter
four hundred sixty-nine of the laws of nineteen hundred six, as amended
or supplemented, or chapter two hundred ninety-eight of the laws of
nineteen hundred twelve, as amended or supplemented. A tax so levied
shall be treated as being imposed for debt service.
w. Providing for town purposes, in accordance with sections one
hundred three and one hundred four of the Dunkirk city charter. An
amount so levied shall be treated as a purpose of and charge against the
town of Dunkirk.
x. Construction and maintenance of highway bridges within the city of
Port Jervis and the town of Deerpark and apportioned between such city
and such town, as provided by section seventy of the charter of the city
of Port Jervis. A tax so levied shall be treated as a purpose of and
charge against such city or town, as the case may be.
y. Repayment to the city of Port Jervis of the amount paid by the city
for the bond of the city clerk for the collection of taxes levied by the
board of supervisors, as provided by section ninety-four of the charter
of the city of Port Jervis. A tax so levied shall be treated as a
purpose of and charge against such city.
z. Repayment to the city of Port Jervis of the amount of unpaid taxes
paid to the county treasurer, as provided by section ninety-seven-a of
the charter of the city of Port Jervis. A tax so levied shall be treated
as a purpose of and charge against such city.
aa. Highway, bridge and fire fighting purposes and increases of
salaries of district superintendents of schools, assessed upon property
situated outside the corporation tax district of the city of Rome as
provided by section ninety and subdivision two of section two hundred
eighty-three of the charter of the city of Rome. A tax so levied shall
be treated as a purpose of and charge against such city.
bb. Providing for purposes of the town of Vernon and levied upon the
city of Sherrill, as provided by section four of the charter of the city
of Sherrill. A tax so levied shall be treated as purpose of and charge
against such town.
cc. Sanitary sewer and public works purposes, which pursuant to
agreement are made a general charge against a town, village or city in
Onondaga county, as provided by chapter five hundred sixty-eight of the
laws of nineteen hundred thirty-three, as amended. A tax so levied shall
be treated as a purpose of and charge against such town, village or
city, as the case may be.
dd. Amounts included in the city abstract of taxes levied against the
city of Syracuse (a) for payments by such city of discounts on account
of payments of certain taxes and (b) for the percentage received by such
city from the treasurer of the county for collection of certain taxes,
as provided by section one of chapter six hundred ninety of the laws of
nineteen hundred thirty-seven, as amended. A tax so levied shall be
treated as a purpose of and charge against such city.
ee. Police protection furnished to a city, village or police district
by the police department of the county of Nassau pursuant to contract,
as provided by section eight hundred four of chapter eight hundred
seventy-nine of the laws of nineteen hundred thirty-six, as amended. A
tax so levied shall be treated as a purpose of and charge against such
city, village or district, as the case may be.
4. For the purpose of computing the amount that may be raised in any
county by tax on real estate in any fiscal year for county purposes in
accordance with section ten of article eight of the constitution, taxes
levied or relevied by a county for each of the following purposes shall
be treated as levies or relevies for the purpose of enforcement or
adjustment and shall be excluded from such computation:
Education law
Real property tax law
b. Relevy of taxes rejected because imperfectly described or
erroneously assessed, as provided by section five hundred fifty-seven of
the real property tax law.
c. Levy of a deficiency in a previous levy, where such deficiency is
occasioned by reason of adjustment of equalization rates, as provided by
sections eight hundred twenty, eight hundred twenty-two and eight
hundred twenty-six of the real property tax law.
Town law
d. Levy of unpaid sewer charges, fees, rates or rents and penalties
thereon, transmitted to the board of supervisors as provided by
paragraph (k) of subdivision one of section one hundred ninety-eight of
the town law.
e. Levy of unpaid water charges or rates and penalties thereon,
transmitted to the board of supervisors as provided by paragraph (d) of
subdivision three of section one hundred ninety-eight of the town law.
f. Levy of unpaid refuse or garbage removal rates, charges or fees and
penalties thereon, transmitted to the board of supervisors as provided
by paragraph (c) of subdivision nine of section one hundred ninety-eight
of the town law.
Special laws
g. Relevy of unpaid taxes returned to the county of Cattaraugus
pursuant to section one hundred thirteen of chapter five hundred
thirty-five of the laws of nineteen hundred fifteen, constituting the
charter of the city of Olean.
5. For the purpose of computing the amount that may be raised in any
county by tax on real estate in any fiscal year for county purposes in
accordance with section ten of article eight of the constitution, the
following items shall be excluded from such computation and treated as
indicated:
Real property tax law
a. Making levies of taxes upon land or property omitted from the tax
levy of the preceding year, as provided by section five hundred
fifty-one or five hundred fifty-three of the real property tax law. The
amounts so levied shall be deducted from the aggregate of taxation to be
levied for the current year on the city or town in which such land or
property is located.
b. Charges against school districts on account of the making of
refunds to taxpayers of amounts of relevied school taxes attributable to
clerical errors, errors in essential fact, or unlawful entries as those
terms are defined in section five hundred fifty of the real property tax
law, where such refunds are made pursuant to section five hundred
fifty-six or five hundred fifty-six-a of the real property tax law. A
charge so made shall be deducted from any moneys which by reason of
returned unpaid school taxes shall become payable by the county
treasurer to the school district which returned the tax so assessed or
levied.
Town law
c. Payments of surplus moneys by a town toward the reduction of taxes
levied or to be levied upon the town, as provided by section one hundred
twelve of the town law. Such a payment shall be treated as a special
credit toward the reduction of such taxes.
Special laws
d. Amounts allocated to a city and to the area in the county outside
the cities from moneys collected from special taxes imposed by the
county pursuant to chapter two hundred seventy-eight of the laws of
nineteen hundred forty-seven, as amended, where such amounts are applied
to reduce the county tax levied upon real property in such city or such
area. An amount so applied shall be treated as a special credit toward
the reduction of such county tax levied upon real property.
6. A provision of this section shall be controlling wherever it is
inconsistent with any general, special or local law enacted prior to
January first, nineteen hundred fifty.
* § 233-b. Payment in lieu of taxes for property acquired for park or
recreational purposes. The county of Nassau having acquired certain
property for park or recreational purposes in the Lido Beach-Point
Lookout area shall have the power and authority with respect to such
property, to pay or transfer out of any county funds available to it,
annual sums in lieu of taxes to the affected taxing jurisdictions, in
order that none of such taxing jurisdiction shall suffer an inequitable
loss of revenue by virtue of such park or recreational program; provided
further, that the amount so paid or transferred for any year shall not
exceed the sum last levied for the benefit of such taxing jurisdiction
as an annual tax on such property prior to the time of its acquisition
for such purpose or purposes.
As used in this section, the term "taxing jurisdiction" means any
municipal corporation or district corporation, including any school
district or any special district, having the power to levy and collect
taxes and benefit assessments upon real property in the Lido Beach-Point
Lookout area, or in whose behalf such taxes or benefit assessments may
be levied or collected.
* NB Expires July 1, 2030
Additional powers granted under other laws. Nothing herein
shall be deemed to affect or impair the provisions of any other act of
the legislature granting additional powers to appropriate and expend
county funds for county objects and purposes.
Service of notice in relation to constitutionality of local
law, ordinance, rule or regulation of a county. Whenever the
constitutionality of any local law, ordinance, rule or regulation of a
county is brought into issue upon a trial or hearing of any civil cause
of action or proceeding in any court, and the county is not a party to
such action or proceeding, notice shall be served upon the county in
accordance with section one thousand twelve of the civil practice law
and rules.
The board of supervisors by resolution may appoint a committee
of citizens of the county to act in an advisory capacity to any
committee, department or office on any subject relating to county
government. The members of such committee shall serve without
compensation and it shall be the duty of such advisory committee to
meet, consult and advise with the officers or department heads named in
the resolution. Such advisory committee shall have no powers other than
advisory. The board of supervisors may authorize the payment of the just
and reasonable actual expenses of the members of such advisory
committee.
County plumbing licensing. 1. Notwithstanding the provisions of
the general city law or any other law to the contrary, the county of
Westchester is hereby authorized to establish a Westchester county board
of plumbing examiners and to empower such board to assume all licensing
duties within the county of Westchester with respect to the licensure of
plumbers. The county of Westchester shall provide for plumbers' duties
and responsibilities in accordance with the local law of such county.
2. Local laws enacted pursuant to this section shall supercede the
provisions of any licensing requirements promulgated by a city pursuant
to the general city law.
County master electrician licensing. 1. Notwithstanding the
provisions of the general city law or any other law to the contrary, the
counties of Dutchess, Suffolk and Westchester are each hereby authorized
to establish a county board of examiners for master electricians and to
empower such board to assume all licensing duties within each such
county with respect to the licensure of master electricians. The
counties of Dutchess, Suffolk and Westchester shall provide for master
electrician's duties and responsibilities in accordance with the local
law of each such county.
2. The local laws enacted pursuant to this section shall supercede the
provisions of any licensing requirements promulgated by a city pursuant
to the general city law.
County electrical inspector licensing. 1. Notwithstanding any
inconsistent general, special, or local law to the contrary, the county
of Westchester is hereby authorized to establish a Westchester county
board of examiners for electrical inspectors and to empower such board
to assume all licensing duties within the county of Westchester with
respect to the licensure of electrical inspectors. The county of
Westchester shall provide for electrical inspectors' duties and
responsibilities with respect to applications for a license or renewal
in accordance with the local law of such county. A local law enacted
pursuant to this section establishing county licensure of electrical
inspectors shall provide standards for licensure which shall include, at
a minimum, a provision that no person shall obtain a license unless such
person shall have received training in the inspection of electrical
components, equipment and systems used in buildings and structures which
is at least equivalent to the training in the inspection of electrical
components, equipment and systems used in buildings and structures
required for code enforcement personnel under the rules and regulations
promulgated by the secretary of state pursuant to section three hundred
seventy-six-a of the executive law.
2. A local law enacted pursuant to this section establishing county
licensure of electrical inspectors shall supersede any provision
requiring electrical inspectors to also obtain a local license
promulgated by a city, town or village in the county pursuant to any
general, special or local law. Nothing in this section shall be deemed
to supersede any of the powers, functions and duties of the secretary of
state pursuant to section three hundred seventy-six-a of the executive
law.
3. In this section, the term "electrical inspector" shall mean any
person who now or hereafter inspects electrical components, equipment
and systems used in buildings and structures to determine the compliance
of such electrical components, equipment and systems and the
installation of such electrical components, equipment and systems with
the applicable provisions of the state uniform fire prevention and
building code promulgated pursuant to article eighteen of the executive
law; provided, however, that the term electrical inspector shall not
include any person who performs such inspections as an employee of the
state of New York, any agency of the state of New York, or any county,
city, town or village. In no event shall any person who now or hereafter
performs such inspections as an employee of the state of New York, any
agency of the state of New York, or any county, city, town or village be
required to obtain a license issued pursuant to this section or pursuant
to any local law enacted pursuant to this section.
4. In this section, the term "agency of the state of New York" shall
include any department, bureau, commission, board, public authority or
other agency of the state of New York; any public benefit corporation
whose board of directors includes any member appointed by the governor;
any subdivision of any department, bureau, commission, board, public
authority or other agency of the state which is easily identifiable and
which for most other purposes is treated as an independent state agency;
and the office of information technology services.
Alcoholic beverage control. Pursuant to section seventeen of
the alcoholic beverage control law, the board of supervisors by
resolution may request the state liquor authority to further restrict
the hours during which alcoholic beverages may be sold at retail.
ARTICLE 5-A County Water, Sewer, Drainage and Refuse Districts
Purpose. The board of supervisors of each county may establish,
consolidate, or extend county water, water quality treatment, sewer,
wastewater disposal, drainage or refuse districts (hereinafter referred
to in this article as the "district") in the manner hereinafter
provided:
1. For the purpose of developing or acquiring a supply of water for
(a) wholesale distribution to other municipalities, districts or
persons, corporate or otherwise, within the county water district, (b)
retail distribution, except as hereinafter provided, or (c) both such
wholesale and retail distribution;
1-a. For the purpose of (a) procuring by purchase, lease or other
means and installing water quality treatment units or devices, if
required; providing periodic testing and monitoring of raw and finished
water from private wells in the district; monitoring, modifying,
repairing, replacing, operation and maintenance, regenerating water
quality treatment units and devices and the administering of the
treatment and disposal of residuals generated in the operation of the
district pursuant to rules and regulations adopted by the public health
and health planning council under section two hundred twenty-five of the
public health law; (b) assisting local, state and federal agencies and
officials in efforts to establish causes of, and implement remedial
measures to reduce water contamination and protect future water
resources within the district; (c) conduct public meetings and issue an
annual public report to members of the district on the operation,
financial position and water quality condition of said district;
provided, however, that with respect to any town in the county the board
of supervisors shall first determine that such district or service will
not be established or provided by such town.
2. For the purpose of (a) the conveyance from other municipalities and
districts within the county of sewage, and treatment and disposal
thereof, (b) collection, except as hereinafter provided, or (c) both
such conveyance and such collection;
3. For the purpose of administration and planning (including
educational programs), design, installation, construction,
rehabilitation, replacement, operation and maintenance (including
pumping and inspections), monitoring, residual treatment and disposal
and regulation of private on-site wastewater disposal systems of such
district;
4. For the purpose of drainage of storm water and other waters, either
surface or subsurface, within the county;
4-a. For the purpose of effecting lake protection and rehabilitation,
and any activities necessarily related thereto.
5. For the purpose of the collection and disposition of garbage,
ashes, rubbish and other waste matter within the county.
6. A county district established hereunder may consist of two or more
noncontiguous areas in which the water, sewer, wastewater disposal,
drainage or refuse system (hereinafter referred to in this article as
the "system") will be interrelated and interdependent, however, in
Suffolk county the term "interrelated and interdependent" shall be
deemed to mean that the noncontiguous areas must be within the county
and have the same administrative head. However, a water quality
treatment district established hereunder may consist of noncontiguous or
contiguous benefited parcels of property and shall be created by a
resolution of the county board of supervisors, upon petition after a
public hearing.
7. Except in the county of Suffolk, no county district shall be
established hereunder which shall consist wholly of territory within one
city, within one village or within that portion of one town outside of a
village.
8. Notwithstanding any other provision of law a sewer district may
also exercise all the powers of a wastewater disposal district if the
map and plan prepared pursuant to section two hundred fifty-three of
this chapter, or amended pursuant to section two hundred fifty-three-b
of this chapter, includes on-site wastewater disposal systems.
County agency. The board of supervisors may appoint or
establish an officer, board or body, or may designate an existing
officer, board or body, or public authority which possesses the express
power to act as such an agency, to act as a county water, water quality
treatment, sewer, wastewater disposal, drainage, refuse or public inland
lake protection and rehabilitation agency (hereinafter referred to in
this article as the "agency") having the powers hereinafter prescribed
in sections two hundred fifty-two, two hundred fifty-three and two
hundred fifty-four, and such other powers and duties as the board of
supervisors may determine necessary to carry into effect the provisions
of this article. Except in the case of a public authority, the agency
may also be designated as the administrative head or body of any county
district which may be established pursuant to the provisions of this
article. All matters relating to the membership of such agency,
including, but not limited to, numbers, method of selection, tenure,
qualifications and compensation, shall be determined by the board of
supervisors.
Powers of county agency. 1. The agency, as empowered by the
board of supervisors, may assemble data relating to (1) the water
resources available to the county, both within and without, (2) the
number and location of private wells within the county, the contaminants
present in the water supply in the county's private wells, (for the
purposes of this section, "contaminants" shall mean those substances
found in amounts or concentrations which violate federal, state or local
laws, guidelines or rules and regulations relating to drinking water or
which may pose a risk to public health), the extent of contamination of
the water supply in the county's private wells, and the availability of
appropriate treatment technologies for the contaminants found to be
present, or which are reasonably expected to be found, currently or in
the future, in the water supply in the county's private wells, (3) the
sewage collection, conveyance, treatment and disposal problems of the
county, (4) the problems of collection, conveyance and disposal of storm
water and other waters, (5) the problems of the collection and
disposition of garbage, ashes, rubbish and other waste matter within the
county, or (6) any measures reasonably related to lake protection and
rehabilitation, including surveys of sources of degradation, treatment
of aquatic nuisances, and the elimination or alleviation of such
problems and the possibility of developing and utilizing existing
facilities to make them available to the several municipalities and
other political subdivisions within the county, and may employ such
engineering, legal, professional and other assistance as from time to
time may be needed, and may incur such other expenses as may be
necessary within the amounts made available therefor by budget
appropriations. When authorized by the board of supervisors, the agency
may also apply for and expend state aid for comprehensive studies and
reports pursuant to section 17-1901 of the environmental conservation
law and comprehensive water studies and reports pursuant to title
thirteen of article fifteen of the environmental conservation law. Where
the agency has sufficient engineering and technical staff available, the
board of supervisors may authorize the agency to render engineering and
related technical services to municipalities located within the county
pursuant to contract on terms and conditions to be agreed upon by the
agency and the municipality.
2. In the county of Suffolk, the county sewer agency may undertake
such other duties, powers and responsibilities as may from time to time
be approved by or delegated to it by the board of supervisors and when
authorized by the board of supervisors, the county sewer agency, subject
to the prior consent of the "local governing body" within whose
jurisdiction there exists a "sewer system" constructed, operated and
maintained by a sewerage disposal corporation organized pursuant to the
transportation corporations law, may acquire by purchase, gift,
dedication, condemnation or otherwise such "sewer system" from, or all
of the stock of, such "sewerage disposal corporation", and when
authorized by the county board of supervisors may expend county funds
for the acquisition of such "sewer system", and thereafter may operate,
manage and maintain said "sewer system". The terms "local governing
body", "sewer system" and "sewerage disposal corporation" being defined
in article ten of the transportation corporations law. The board of
supervisors may finance in whole or in part, pursuant to the local
finance law, any expenditures made pursuant to this section. Subject to
confirmation by the board of supervisors, the county sewer agency may
impose sewer rents as provided by the general municipal law, provided
that before any such sewer rents are finally established, the county
sewer agency shall hold at least one public hearing thereon. Appeals
may be taken from any rate fixing determination of the county sewer
agency to the board of supervisors. The board of supervisors shall
prescribe the manner of holding such hearings and of taking appeals. The
provisions of section two hundred sixty-six of this chapter shall apply
to the imposition, collection and application of sewer rents by the
county sewer agency hereunder.
Preparation of maps and plans. 1. A petition may be presented
to the board of supervisors requesting that a certain area or areas of
the county be established as a county district. Such petition shall be
executed and acknowledged on behalf of a municipality or district, any
part of which is included within such area or areas, by the chief
executive officer of such municipality, or of such district furnishing a
similar service as the district to be established hereunder. In lieu of
execution of the petition by the chief executive officer of such
municipality or district, the petition may be executed and acknowledged
by at least twenty-five owners of taxable real property of record
situated within such municipality or district, or in Suffolk county, if
all of the taxable real property of record situate within such
municipality which is to be included within a certain area or areas of
the county to be established as a county district is owned by one or
more but less than twenty-five owners, then the petition may be executed
and acknowledged by one or more of said owners within the area or areas
to be established as a county district. Upon presentation of such a
petition or on its own motion, the board of supervisors may direct the
agency to cause maps and plans to be prepared for a project as requested
in the petition or for the establishment of a certain area or areas of
the county as a county district, provided, however, that if the
petitioning municipality, district or owners of taxable property
undertake to furnish or pay the cost of such maps and plans at its or
their cost and expense, the board of supervisors shall direct the agency
to accept or prepare the same. In the case of a petition to create or
extend a water quality treatment district, the petition may be executed
and acknowledged by one or more of the owners of taxable real property
of record situated within such municipality whose private well water is
contaminated. At the time the petition is executed and acknowledged,
notice and copy of such petition shall be submitted to the state
department of health. Such maps or plans shall show (1) the boundaries
of the area or areas which the agency in its judgment considers will be
benefited by the particular project, (2) a description of the area or
areas sufficient to permit definite and conclusive identification of all
parcels of property included therein, (3) the proposed location of all
facilities such as (a) reservoirs, stand pipes, wells, pumping stations,
water purification or treatment works, mains and hydrants, the source of
water supply, a description of the lands, streams, water or water rights
to be acquired and the mode of constructing the proposed water works,
(b) benefited parcels of properties with water quality treatment units
or devices installed prior to the formation of the district and/or those
properties requiring installation of water quality treatment units or
devices and the mode and frequency of testing, monitoring, modifying if
required, operation and maintenance, regenerating of such water quality
treatment units or devices and the administering of the treatment and
disposal of residuals and any other requirements pursuant to rules and
regulations adopted by the public health and health planning council
under section two hundred twenty-five of the public health law. Any
water quality treatment unit or device which has been installed prior to
the formation of the district must be approved pursuant to rules and
regulations adopted by the public health and health planning council
under section two hundred twenty-five of the public health law, prior to
acceptance of such unit or device and its benefited property within the
district, (c) trunk, interceptor and outfall sewers, pumping stations,
sewage treatment and disposal works, (d) properties requiring
construction or replacement of private on-site wastewater disposal
systems and the mode and frequency of conveying, treating and disposing
of wastewater and residual wastewater, (e) drains, ditches, channels,
pumping stations, dams, dikes, bulkheads and retaining walls, or (f)
refuse disposal and incinerator plants and all necessary appliances
appurtenant thereto, (4) estimates of the cost of construction, or
procurement and installation of the facilities, and/or in the case of
water quality treatment districts, estimates of the costs of monitoring,
testing, modifying, if required, operation and maintenance, regenerating
of such water quality treatment units or devices and the treatment and
disposal of residuals, as shown on the maps and plans and the method of
financing the same and (5) an evaluation of rehabilitation needs based
upon water quality, public use and private development, special
wildlife, scenic or other values, sedimentation, shoreland zoning,
potential for adequate pollution and erosion controls within the
drainage basin, and potential for future successful management. Such
maps and plans pertaining to sewer districts shall be consistent with,
so far as possible, any comprehensive plan for sewers developed pursuant
to section 17-1901 of the environmental conservation law. Such maps and
plans pertaining to water districts shall be consistent with, so far as
possible, any comprehensive plan for public water supply systems
developed pursuant to title thirteen of article fifteen of the
environmental conservation law.
2. If the report of the agency required by section two hundred
fifty-four of this chapter shall contain recommendations for the
establishment of two or more zones of assessment within a county
district, such maps and plans shall show the boundaries of each of such
zones and the estimated initial allocation of the cost of the
construction of the facilities recommended to be charged to each of such
zones.
3. Where acceptable maps, plans and related data have theretofore been
prepared by or for one or more existing or proposed municipal special or
improvement districts, the board of supervisors may, instead, authorize
the agency to adopt and utilize such maps, plans and data and, where a
county district is thereafter established and facilities constructed
thereby on the basis of such maps, plans and data, the district shall
reimburse the municipalities, districts or persons who have paid for all
or part of the cost of such maps, plans and data in a reasonable amount
to be agreed upon among them, which amount shall not exceed their net
expenditures therefor, and shall not include any portion of the cost
paid from federal or state aid and which amount, when paid, shall be
deemed part of the cost of the construction of the facilities by the
agency.
Provision for excess sewer, drainage or water facilities. 1.
The local legislative body, in causing maps and plans to be prepared or
in approving the establishment or extension of a sewer, wastewater
disposal, drainage or water district may provide by resolution that the
map and plan include sewer, wastewater disposal, drainage or water
facilities in excess of those required for the proposed district or
extension. Such resolution providing for or requiring excess facilities
shall include the estimated expense for such excess facilities and shall
be subject to permissive referendum. The necessity for and the extent of
the excess capacity shall be determined by the local legislative body
and it shall be reserved for utilization by future districts or
extensions in the county.
2. The expense of any excess sewer, wastewater disposal, drainage or
water facility authorized pursuant to this section shall be a county
charge and shall be assessed, levied and collected in the same manner
and at the same time as other county charges; provided, however, that
nothing herein contained shall be construed to prevent the financing in
whole or in part, pursuant to the local finance law, of any excess
sewer, wastewater disposal, drainage or water facilities authorized
pursuant to this section. Any such excess sewer, wastewater disposal,
drainage or water facilities shall be deemed to be a district or special
improvement authorized by article five-A of this chapter within the
meaning of paragraph b of section 35.00 of the local finance law.
3. In the event the petition shall contain a statement that the
improvement in the proposed district or extension shall be constructed
at the expense of a petitioning owner of taxable real property in the
proposed district or extension, the expense of all excess sewer,
wastewater disposal, drainage or water facilities shall be borne
originally as a county charge as provided in this section. If the
improvement is to be constructed by or on the behalf of the petitioning
owner, such owner shall be compensated by the county for the cost of the
excess sewer, wastewater disposal, drainage or water facilities. In
this event the provisions of section two hundred sixty-two of this
chapter relating to competitive bidding shall not apply. If the
improvement is to be constructed by the county or by the accepted
competitive bidder, the county and not the petitioning owner shall be
liable for the cost of the excess facilities.
4. The cost of the excess sewer, wastewater disposal, drainage or
water facilities shall be determined by the local legislative body. In
addition to the information required by section two hundred fifty-three
of this chapter, the maps and plans shall include an estimate of the
cost of the excess facilities. If the improvement is to be constructed
by or on behalf of the petitioning owner, an agreement shall be entered
into between the local legislative body and such owner which shall state
the total cost of the improvement and of the excess facilities or the
method by which such cost shall be determined and the date of payment
for such excess facilities. If the improvement is to be constructed by
the county or by the accepted competitive bidder, the local legislative
body, in determining the cost of the excess facilities, shall consider
the estimate of the cost of excess facilities set forth in the maps and
plans, the percentage increase in the capacity of the facilities, the
maximum amount stated in the petition as the cost of the required
facilities and the reduction, if any, in the per unit cost. In no event
shall the expense of the excess sewer, wastewater disposal, drainage or
water facilities as determined or agreed to by the local legislative
body be less than the difference between the total cost of the
improvement as set forth in or determined pursuant to the agreement or
the accepted bid and the maximum amount stated in the petition.
5. The local legislative body may authorize the use of any excess
facilities acquired pursuant to this section by any district, districts
or extensions thereof, thereafter established in such county, provided
the expense of such acquisition or the proportionate share of the
expense as shall be allocated to a district or extension thereof by the
local legislative body, together with the expense of the construction of
the original improvement for such district or extension, shall not
exceed the maximum amount authorized to be expended in such district or
extension. Whenever the local legislative body shall authorize the use
of any excess facilities acquired pursuant to this section by any
district, districts or extension thereof, the same shall be deemed to be
a part of the improvement authorized by such district or extension
thereof and the entire cost of such acquisition and the maintenance
thereof as apportioned to such district or extension, shall be deemed to
be a part of such improvement and shall be assessed, levied and
collected in the same manner as other charges against such district or
extension.
Amendment or modification of plans. When the board of
supervisors or county legislature shall have established a district
pursuant to this article and adopted a plan of a service or improvement
for such district, such plan shall not be modified by the board of
supervisors or any officer of the county nor by the administrative head
or body of such district except as provided in this section. The
administrative head or body shall submit a report in writing to the
board of supervisors specifying the particulars in which it is proposed
to modify such plan. Upon receipt of such report the board of
supervisors shall adopt a resolution calling a public hearing thereon.
Notice of such public hearing shall be given in the manner provided by
section two hundred fifty-four of the county law. Such notice shall
specify in terms sufficient for identification the particulars in which
it is proposed to modify the plan of the service or improvement, and the
time and place when the board of supervisors will meet to hear and
consider any objections which may be made thereto, which time and place
shall be not less than ten nor more than twenty days after the first
publication of such notice. When any change shall be made in the plan
proposed and once adopted, a revised or additional map and profile shall
be made showing the change, and all such maps and profiles shall be
carefully preserved in the office of the county clerk, or if the county
district shall have an office, in the office of such county district,
and shall be open to inspection by all persons interested. However, in
the case of water quality treatment districts, amendments or
modifications of plans must have the written approval of the department
of health prior to adoption. At the request of an owner of a parcel of
property within the county, if the private well water on such property
is contaminated, a water quality treatment district plan may be amended,
from time to time, to include said parcel of property. If an owner of a
parcel of property within the county requests exclusion from the
district, such request shall be granted without the state department of
health approval and without the procedure set forth in section two
hundred fifty-six of this article. The removal of a parcel of property
from a district shall in no way affect the owner's liability for charges
which have accrued against the owner's property, prior to said
exclusion, for the procurement, installation, modification, replacement
and removal of a water quality treatment unit or device or for expenses
of operation and maintenance including monitoring, testing, regenerating
and treating. Should a public or private water system, supplier or
authority commence supplying water to any parcel of property within a
water quality treatment district, such parcel of property shall no
longer be considered part of the water quality treatment district, and
all services to such parcels shall be terminated. Termination of
services shall include, the removal of all water quality treatment units
or devices and a charge for the cost of doing so to the benefited
property, except when such unit or device was acquired and owned by the
property owner or when the district determines that such unit or device
is obsolete and no longer useful for any district purpose.
Public hearing; cost to typical property. 1. When the agency
has caused such maps and plans to be prepared, it shall transmit them to
the board of supervisors, together with a report of its proceedings and
its recommendations, including a recommendation as to what officer,
board or body should be the administrative head or body of the proposed
district. Such report may further include the recommendations relating
to the establishment of two or more zones of assessment within the
proposed district and the estimated initial allocation of the cost of
the construction of the facilities as between such zones to be assessed,
levied and collected in each zone in the same manner and at the same
time as other county charges. Upon receipt of the report and the maps
and plans, the board of supervisors shall call a public hearing upon a
proposal to establish a county district, to comprise the area or areas
described and defined in said maps and plans. No public hearing shall be
called to establish a water quality treatment district until the maps
and plans have been submitted to and approved in writing by the state
department of health. Copy of such notice of approval or denial of the
maps and plans shall be filed in the office of the clerk of the board of
supervisors of the county in which the proposed district is located.
The clerk of the board of supervisors shall cause a notice of the public
hearing to be published at least once in the official newspapers of the
county and in such other newspapers having a general circulation in the
proposed district as the board may direct, the first publications
thereof to be not less than ten or more than twenty days before the day
set therein for the hearing. The notice of hearing shall contain a
description of the area or areas to be included within the proposed
district, and if the report shall have recommended the establishment of
zones of assessment, a description of the area or areas to be included
within each zone of assessment, the improvements proposed, the maximum
amount to be expended for the improvement, the estimated cost of hook-up
fees, if any, to, and the cost of the district or extension to, the
typical property and, if different, the typical one or two family home,
the allocation of such maximum amount as between the zones of assessment
recommended, if any, the proposed method of assessment of the cost and
shall specify the time when and place where the board of supervisors
will meet to consider the matter and to hear all parties interested
therein concerning the same. In the event that zones of assessment are
provided for and an allocation of cost of the facilities between such
zones of assessment, said notice shall further state that said zones of
assessment and said allocations of cost may be changed from time to time
by resolution of the board of supervisors adopted after a public hearing
whenever said board of supervisors shall determine that such changes are
necessary in the public interest. Prior to the publication of the
notice of hearing, the board of supervisors shall cause to be prepared,
and file for public inspection with the county clerk, a detailed
explanation of how the estimated cost of hook-up fees, if any, to, and
the cost of the district or extension to, the typical property and, if
different, the typical one or two family home was computed.
2. (a) If the permission of the state comptroller is not required
pursuant to section two hundred fifty-eight, two hundred sixty-eight or
two hundred sixty-nine of this article because it is proposed or
required that the county in in which the district is located shall
finance the proposed cost by the issuance of bonds, notes, certificates,
or other evidences of indebtedness of the county therefor or shall
assume the payment of annual installments of debt service on obligations
issued to finance the cost of facilities pursuant to section two hundred
sixty-two of this article but the cost to typical property or, if
different, the cost to the typical one or two family home is not above
the average cost threshold described in those sections, a certified copy
of the notice of hearing shall also be filed with the state comptroller
on or about the date of publication of the notice.
(b) Notwithstanding the provisions of paragraph (a) of this
subdivision, the state comptroller shall not be precluded from requiring
the submission of additional information or data in such form and detail
as the state comptroller shall deem sufficient or from causing an
investigation to be made with respect to the establishment or extension
of a district or an increase in the maximum amount to be expended.
Representation by municipalities and district. At the public
hearing on the establishment of a county district which includes the
whole or any part of a city, village or such district furnishing a
similar service as the proposed district, the inhabitants of such city,
village or district may be represented jointly by an officer or official
of the municipality or district duly designated by the governing body of
the municipality or district to attend.
Establishment of a county district. Upon the evidence presented
at the public hearing, and after due consideration of the maps and
plans, reports, recommendations and other data filed with it, the board
of supervisors shall determine, by resolution, whether or not the
proposed facilities are satisfactory and sufficient and, if it shall
determine such question in the negative, it shall remand the proceedings
to the agency for further study. The agency shall make such further
study and amend and revise the maps and plans (including the zones of
assessment and allocation of costs if the maps and plans provide
therefor) in conformance with its findings, and shall make a further
report to the board of supervisors in the same manner as hereinbefore
provided. If the revised maps and plans call for an increase in the
estimated maximum expenditure for the project, alter the boundaries of
the proposed district, or if the maps and plans provide for zones of
assessment and allocation of the cost of the facilities, alter the
boundaries of the proposed zones of assessment or change the allocation
or the costs of the facilities as between the zones of assessment, the
board of supervisors shall call a further public hearing thereon in the
manner provided in section two hundred fifty-four. When the board of
supervisors shall find that the proposed facilities are adequate and
appropriate, it shall further determine by resolution, (1) whether all
the property and property owners within the proposed district are
benefited thereby, (2) whether all of the property and property owners
benefited are included within the limits of the proposed district, (3)
whether it is in the public interest to establish the district and (4)
if said maps and plans and report recommended the establishment of zones
of assessment and the allocation of the costs of the facilities as
between such zones of assessment, whether such zones of assessment and
the allocation of the costs of the facilities thereto represent as
nearly as may be the proportionate amount of benefit which the several
lots and parcels of land situate in such zones will derive therefrom.
If the board of supervisors shall determine that it is in the public
interest to establish the district, but shall find that (1) any part or
portion of the property or property owners within the proposed district
are not benefited thereby or (2) that certain property owners benefited
thereby have not been included therein, or (3), if zones of assessment
are proposed to be established and the costs of facilities allocated
among said zones of assessment, that any part or portion of the property
or property owners within a proposed zone of assessment should be placed
in a different zone of assessment or that a different allocation of the
cost should be made as between the zones of assessment, the board shall
specify the necessary changes of the boundaries of the proposed district
or the necessary changes of the boundaries of any proposed zone of
assessment or the necessary changes as to the allocation of costs, as
the case may be, to be made in order that all of the property and
property owners and only such property owners as are benefited shall be
included within such proposed district, or in order that such zones of
assessment and the allocation of the costs of the facilities thereto
shall represent as nearly as may be the proportionate amount of benefit
which the several lots and parcels of land situate in such zones will
derive therefrom, and the board shall call a further hearing at a
definite place and time not less than fifteen nor more than twenty-five
days after such determination. Notice of such further hearing shall be
published in the manner provided in section two hundred fifty-four,
except that such notice shall also specify the manner in which it is
proposed to alter the boundaries of the proposed district, or the
boundaries of the zones of assessment or the allocation of the costs of
the facilities as between said zones of assessment, as the case may be.
If and when the board shall determine in the affirmative all of the
questions set forth above, the board may adopt a resolution approving
the establishment of the district, as the boundaries shall be finally
determined, and the construction of the improvement, and if zones of
assessment have been established and an allocation of the costs of the
facilities made as between such zones of assessment, further approving
the establishment of the initial zones of assessment and the initial
allocation of the costs of the facilities as between said zones of
assessment. Such resolution shall be subject to permissive referendum as
hereinafter provided, except in the case of a water quality treatment
district and except in the county of Suffolk. In the county of Suffolk,
if the owner or owners of all of the land within the proposed district
consent in writing to the formation of the proposed district and the
board of elections certify that on or after the date of the first
publication of the notice of public hearing hereinabove referred to,
there is no registered voter within the proposed district, then and in
that case the resolution adopted by the board approving the
establishment of a district shall not be subject to referendum,
permissive, or otherwise.
Consolidation of Suffolk county sewer district number two -
Holbrook and Suffolk county sewer district number four - Birchwood North
Shore. 1. The county legislature of Suffolk county is hereby authorized
to consolidate Suffolk county sewer district number two Holbrook and
Suffolk county sewer district number four - Birchwood North Shore in
accordance with the procedure contained in this section.
2. Resolution. The county legislature of Suffolk county may adopt a
resolution calling a public hearing upon the proposed consolidation of
Suffolk county sewer district number two - Holbrook and Suffolk county
sewer district number four - Birchwood North Shore.
3. Notice. The clerk of the county legislature shall give notice of
the hearing described in subdivision two of this section in such
newspapers and within such time period as set forth in section two
hundred fifty-four of this article. Such notice shall specify the time
when and the place where such hearing will be held and, in general
terms, describe the proposed consolidation and the proposed basis of the
future assessment of all costs of operation, maintenance and
improvements of such consolidated sewer district.
4. Hearing. The county legislature shall meet at the time and place
specified in such notice and hear all persons interested in the subject
matter thereof concerning the same. If the county legislature shall
determine that it is in the public interest to consolidate Suffolk
county sewer district number two - Holbrook and Suffolk county sewer
district number four - Birchwood North Shore as specified in said
notice, the Suffolk county legislature may adopt a resolution, subject
to a permissive referendum, so consolidating such sewer districts.
5. Notice of adoption of resolution. Within ten days after the
adoption by the Suffolk county legislature of the resolution described
in subdivision four of this section, the Suffolk county legislature
shall give notice thereof, at the expense of the county, by the
publication of a notice in such newspapers and within such time period
as set forth in section one hundred one of this chapter. Such notice
shall set forth the date of adoption of the resolution and contain an
abstract of such resolution, describing, in general terms, the sewer
districts so consolidated and the basis for the future assessment of all
costs of operation, maintenance and improvements and that such
resolution was adopted subject to a permissive referendum.
6. Petition. The resolution of the Suffolk county legislature
described in subdivision four of this section shall not take effect
until forty-five days after its adoption and shall be subject to
permissive referendum in each sewer district proposed to be consolidated
in accordance with the provisions of section two hundred fifty-seven of
this article.
7. Consolidation of Suffolk county sewer district number two Holbrook
and Suffolk county sewer district number four - Birchwood North Shore.
The consolidation of Suffolk county sewer district number two Holbrook
and Suffolk county sewer district number four - Birchwood North Shore
shall become effective on the thirty-first day of December next
succeeding; provided, however, that if the resolution described in
subdivision four of this section shall be adopted subsequent to the
first day of October in any year, such consolidation shall become
effective on the thirty-first day of December of the next succeeding
calendar year. Upon such consolidation of Suffolk county sewer district
number two - Holbrook and Suffolk county sewer district number four -
Birchwood North Shore, all the property of such sewer districts shall
become the property of the consolidated sewer district and the
consolidated sewer district shall assume and pay the indebtedness of
each of such original sewer districts as if such indebtedness had been
incurred subsequent to the consolidation.
256-b. Suffolk county wastewater management district. 1. (a)
Notwithstanding the provisions of any general, special or local law to
the contrary, including this article, the county legislature of Suffolk
county is hereby authorized to establish by resolution a Suffolk county
wastewater management district, hereinafter referred to in this section
as the "district", which shall include all powers of a sewer district
and a wastewater disposal district as provided in section two hundred
fifty of this article and as set forth in this subdivision, pursuant to
the procedure contained in this section.
(b) In addition to the powers provided in section two hundred fifty of
this article, the district shall have the power, as determined by the
county legislature, to: (i) consolidate all of the original county sewer
districts within the county as well as unsewered areas of the county,
under the jurisdiction of the district; (ii) establish one or more zones
of assessment within the district, coterminous with the territorial
boundaries of the existing county sewer districts, consolidated pursuant
to this section, the method of wastewater collection, treatment and
disposal, existing or proposed, or both, and make changes to such zones
of assessments; (iii) acquire interests in real property which may be
completed by the transfer of property of original county sewer districts
to the district, necessary for the installation and maintenance of
district facilities; (iv) prioritize district projects in accordance
with the Suffolk county subwatershed wastewater plan (SWP) adopted by
the county legislature, and any amendments thereto; (v) receive funds
from the Suffolk county water quality restoration fund, as established
by section one thousand two hundred ten-F of the tax law, and distribute
grant proceeds within the district in accordance with the goals
established in the Suffolk county subwatershed wastewater plan; (vi)
assume and pay any remaining indebtedness of each original county sewer
district; (vii) within the zones of assessment, establish and provide
for the collection of charges, rates, taxes or assessments to provide
for the costs of operation, expenses, the sums sufficient to pay the
annual installment of principal of, and interest on, obligations for
improvements of the district, maintenance and improvements of the
district, including but not limited to: (A) special assessment as
defined in subdivision fifteen of section one hundred two of the real
property tax law; (B) special ad valorem levy as defined in subdivision
fourteen of section one hundred two of the real property tax law; (C)
sewer rent as provided under article fourteen-F of the general municipal
law; (viii) distribute grant proceeds within the district in accordance
with the goals established in the SWP; and (ix) adopt, amend and repeal,
from time to time, rules and regulations for the operation of a county
district. Nothing in this section shall be construed to permit the
collection of charges, rates, taxes, or assessments authorized by this
section outside of the established zones of assessment within the
unsewered portions of the district or within town or village sewer
districts.
2. Boundaries. The boundaries of the district upon formation shall
include the boundaries of all county sewer districts consolidated into
the district and all unsewered areas of the county. Until such time as a
town or village sewer district is consolidated into the district as set
forth in subdivision ten of this section, the boundaries of the district
shall not include territorial boundaries of town or village sewer
districts located wholly or in part in the county of Suffolk.
3. County agency review and report. The county legislature may direct
the county agency, appointed or established pursuant to section two
hundred fifty-one of this article, to, or the county agency on its own
motion may, review and report thereon to the county legislature on the
creation of the district and the merger therewith of any or all existing
county sewer districts in accordance with this section and such other
details as may be directed by the county legislature consistent with
this article. When the agency has caused such report to be prepared, it
shall transmit it to the county legislature. Upon receipt of the report,
the county legislature shall call a public hearing pursuant to
subdivision five of this section to create a Suffolk county wastewater
management district in accordance with this section. Such report shall
be filed in the office of the clerk of the legislature of Suffolk
county.
4. Resolution. The county legislature of Suffolk county may adopt a
resolution calling a public hearing upon the proposed creation of the
district.
5. Notice. The clerk of the county legislature shall give notice of
the hearing described in subdivision four of this section in such
newspapers and within such time period as set forth in section two
hundred fifty-four of this article. Such notice shall specify the time,
date and location of such hearing and, in general terms, describe the
proposed establishment of the district and the proposed basis of the
future assessment of all costs of operation, maintenance and
improvements of the district.
6. Hearing and resolution to establish. The county legislature shall
meet at the time, date and location specified in such notice and hear
all persons interested in the subject matter thereof concerning the
same. If the county legislature determines that it is in the public
interest to establish the district as specified in such notice, it shall
further determine by resolution: (i) whether all property and property
owners within the proposed district are benefited thereby; and (ii)
whether all of the property and property owners benefited are included
within the limits of the proposed district, the county legislature may
adopt a resolution, subject to a permissive referendum, establishing the
district.
7. Notice of adoption of resolution. Within ten days after the
adoption by the county legislature of the resolution to establish the
district described in subdivision six of this section, the county
legislature shall give notice thereof, at the expense of the county, by
the publication of a notice in such newspapers and within such time
period as set forth in section one hundred one of this chapter. Such
notice shall set forth the date of adoption of the resolution and
contain an abstract of such resolution, describing, in general terms,
the district, the basis for the future assessment of all costs of
operation, maintenance and improvements, and that such resolution was
adopted subject to a permissive referendum.
8. Assessments, levies and charges. After the establishment of the
district in accordance with this section, the county is hereby
authorized by resolution approved by majority vote of the total
membership of the county legislature to assess, levy and collect upon
each lot or parcel of land within the zones of assessment established by
this section: (a) special assessments as that term is defined in
subdivision fifteen of section one hundred two of the real property tax
law; (b) special ad valorem levy as that term is defined in subdivision
fourteen of section one hundred two of the real property tax law; and
(c) sewer rents as provided by article fourteen-F of the general
municipal law. Such costs and expenses may include, but shall not be
limited to, the amount of money required to pay the annual expenses of
maintenance, operation, personnel services of the district and the sums
sufficient to pay the annual installment of principal of, and interest
on, obligations for improvements of the district. Such sums so levied
shall be collected by the local tax collectors or receivers of taxes and
assessments and shall be paid over to the chief fiscal officer of the
county, in the same manner and at the same time as taxes levied for
general county purposes. The chief fiscal officer shall keep a separate
account of such moneys and they shall be used only for purposes set
forth in this section, and in addition, all monies collected from each
zone of assessment established or amended in accordance with this
section shall be further segregated and shall not be commingled with
monies of other zones of assessment except upon approval by resolution
of the county legislature upon recommendation of the board of trustees
established in accordance with the Suffolk county water quality
restoration act. Nothing in this section shall be construed to permit
the collection of charges, rates, taxes, or assessments authorized by
this section outside of the established zones of assessment within the
unsewered portions of the district or within town or village sewer
districts.
8-a. Recording determination. The clerk of the county legislature
shall within ten days after the effective date of the resolution
creating the district cause a certified copy to be recorded in the
office of the clerk of the county and when so recorded such order shall
be presumptive evidence of the regularity of the proceedings for the
creation of the district and of all other action taken by the county
legislature pursuant to this section. A certified copy shall also be
filed in the office of the state department of audit and control in
Albany, New York.
9. Other laws. All provisions of the real property tax law and the
Suffolk county tax act, as the same may be amended from time to time,
not inconsistent with the provisions of this article, relating to the
assessing, levy and collection and enforcement of special assessments,
ad valorem levies and sewer rents in the county shall apply and be of
equal force and applicability to special assessments, ad valorem levies
and sewer rents authorized pursuant to this section. Nothing in this
section shall be construed to permit the collection of charges, rates,
taxes, or assessments authorized by this section outside of the
established zones of assessment within the unsewered portions of the
district or within town or village sewer districts.
10. Towns and villages. This section shall not be construed as merging
the sewer districts of towns and villages within the county of Suffolk
into the district created by this section, provided, however, that the
merger of any town or village sewer district, or village sewerage
system, with the district shall be upon petition of a town or village,
in accordance with section two hundred seventy-seven of this article,
and, upon the adoption of an order as set forth therein, the town or
village sewer district, or village sewerage system, if so determined by
the county legislature of Suffolk, shall be merged into and consolidated
with the district, and the boundaries of the district shall be deemed
extended.
11. Water quality restoration fund. (a) Notwithstanding any provision
of law to the contrary, the county of Suffolk shall deposit the net
collections from the sales and compensating use tax authorized by
section one thousand two hundred ten-F of the tax law into the Suffolk
county water quality restoration fund established in accordance
therewith, and shall utilize all monies transferred from the fund
consistent with this section. Nothing contained in this section shall be
construed to prevent the financing in whole or in part, pursuant to the
local finance law, of any project authorized pursuant to this section.
Monies from the fund may be utilized to repay any indebtedness or
obligations incurred pursuant to the local finance law consistent with
effectuating the purposes of this section. Where Suffolk county finances
a project, in whole, or in part, pursuant to the local finance law, the
resolution authorizing such indebtedness shall be accompanied by a
report from the county executive demonstrating how said indebtedness
will be repaid by the fund. Said report shall include an estimate of
projected revenues of the fund during the period of indebtedness. The
report shall also provide an accounting of all other indebtedness
incurred against the fund to be repaid for the same period. The county
legislature shall make findings by resolution that there will be
sufficient revenue to repay such indebtedness in its entirety from the
fund before authorizing such indebtedness. Monies in said fund may be
appropriated from or expended in any fiscal year to implement the powers
set forth in this section and to repay any indebtedness or obligations
incurred pursuant to the local finance law for the purposes authorized
pursuant to this section.
(b) (i) Water quality improvement projects shall be eligible for
funding pursuant to this section. For purposes of this section, "water
quality improvement projects" shall mean: (A) the planning, design,
construction, acquisition, enlargement, extension, or alteration of a
county, town or village wastewater treatment facility, including
individual hookups, and projects for the reuse of treated effluent from
such wastewater treatment facilities, or (B) an individual septic
system, including an alternative wastewater treatment facility or an
individual septic system with active treatment, to treat, neutralize,
stabilize, eliminate or partially eliminate sewage or reduce pollutants,
including permanent or pilot demonstration wastewater treatment
projects, or equipment or furnishings thereof. In the case of individual
septic system projects, the funding of the operation and maintenance of
such projects shall be included in the definition of "water quality
improvement projects". Such projects shall have as their purpose the
remediation of existing water quality to meet specific water quality
standards consistent with the SWP. Projects consistent with or listed in
the SWP that are part of a plan adopted by a local government resulting
in a net nitrogen reduction shall be eligible for consideration by the
board of trustees, established in accordance with subparagraph (i) of
paragraph (c) of this subdivision.
(ii) Of the annual collections from the tax imposed pursuant to
section one thousand two hundred ten-F of the tax law, administration of
the county wastewater management district shall not exceed ten percent.
The cost of preparation of an annual SWP implementation action plan to
protect, preserve, and rehabilitate groundwater, surface water, and
drinking water shall be included as part of such administrative costs.
After first deducting such administrative costs, fifty percent of the
net revenue from such tax shall be used toward funding individual septic
system projects and fifty percent of the net revenue from such tax shall
be used for funding projects related to wastewater treatment facilities.
All revenue transferred to the water quality restoration fund from the
tax imposed pursuant to section one thousand two hundred ten-A of the
tax law, as required by paragraph (iv) of subdivision (d) of such
section, shall be used solely to fund individual septic system projects.
(iii) Other than for the payment of indebtedness or obligations
incurred as set forth in paragraph (a) of this subdivision, and except
for the preparation of the SWP implementation plan itself, no monies may
be expended until the SWP implementation plan has been prepared and
approved as provided for in this section.
(iv) Any expenditure from the fund for a purpose other than that
expressly permitted, herein, shall be prohibited.
(c) (i) Within the local law, ordinance or resolution establishing the
Suffolk county water quality restoration fund, the county shall
establish a board of trustees of twenty-one members to prepare, review
and approve the SWP implementation plan for submission to the county
executive and county legislature and shall specify the powers and duties
of the board of trustees, including the procedures for appointment of a
chairperson. Such approval shall be in addition to all other approvals
required by law. The board of trustees shall consist of: (A) a
representative from the department of environmental conservation; (B) a
representative from the East End supervisors and mayors association; (C)
a representative of the Suffolk town supervisors association; (D) a
representative of the Suffolk County Village Officials Association; (E)
a town representative from the State Central Pine Barrens Joint Planning
and Policy Commission to be designated by the commission; (F) a
municipal representative from the Peconic Estuary Partnership; (G) a
municipal representative from the State South Shore Estuary Reserve; (H)
a municipal representative from the Long Island Sound Estuary; (I) a
representative of the Long Island Federation of Labor; (J) a
representative of Building and Construction Trades Council of Nassau &
Suffolk counties; (K) a representative from a regional environmental
organization; (L) the chair of the Suffolk county planning commission;
(M) the county executive or designee; (N) the presiding officer of the
county legislature or designee; (O) the minority leader of the county
legislature or designee; (P) the county department of public works
commissioner or designee; (Q) the county department of health services
commissioner or designee; (R) a representative from a regional economic
development organization; (S) a representative from the liquid waste
industry; (T) a representative from the Suffolk County Alliance of
Chambers, Inc.; and (U) a representative from the Long Island
Contractors Association.
(ii) The powers and duties of the board of trustees shall include
overseeing the annual audit pursuant to paragraph (e) of this
subdivision, making prudent recommendations for resource allocations for
county-approved alternative wastewater treatment technologies not
contemplated in the Suffolk county subwatersheds wastewater plan and
long-term progress monitoring of the implementation of the Suffolk
county subwatersheds wastewater plan regarding achievements of nitrogen
load reductions and ecological endpoints.
(d) Annual SWP implementation plan. The board of trustees shall
prepare, review and approve and submit to the county executive the SWP
implementation plan within one year of the effective date of this
section, and in every five years thereafter in a like manner. The board
of trustees shall conduct a public hearing on said plan before its
adoption or subsequent amendment. Said plan shall list every water
quality restoration project which the county plans to undertake pursuant
to the fund and shall state how such project would improve existing
water quality. Funds may only be expended pursuant to this section for
projects which have been included in said plan. Said plan shall be
consistent with state, federal, county, and local government land use
and wastewater management plans. After submission and approval by the
county executive, such plan shall be submitted to the county
legislature. Upon review, the county legislature shall determine, by
local law, whether to approve the proposed plan, if the plan is denied,
the plan shall be remanded to the board of trustees for further study.
Such plan shall not become effective until approved by local law.
Projects may be added or removed from the currently effective SWP
implementation plan in a like manner.
(e) Annual audit. The county shall annually commission an independent
audit of the fund. The audit shall be conducted by an independent
certified public accountant or an independent public accountant. Such
audit shall be performed by a certified public accountant or an
independent public accountant other than the one that performs the
general audit of the county's finances. Such audit shall be an
examination of the fund and shall determine whether the fund has been
administered consistent with the provisions of this section and all
other applicable provisions of state law. Said audit shall be initiated
within sixty days of the close of the fiscal year of the county and
shall be completed within one hundred twenty days of the close of the
fiscal year. A copy of the audit shall be submitted annually to the
state comptroller and the county comptroller. A copy of the audit shall
be made available to the public within thirty days of its completion. A
notice of the completion of the audit shall be published in the official
newspaper of the county and shall also be posted on the internet website
for the county. The cost of the audit may be a charge to the fund.
(f) Annual report. In addition to any other report required by this
section, the board of trustees, through its chairperson, shall deliver
annually a report to the county legislature. Such report shall be
presented by May fifteenth of each year. The report shall describe in
detail the projects undertaken, the monies expended, and the
administrative activities of the water quality fund and district
established in accordance with this section, during the prior year. At
the conclusion of the report, the chairperson of the board of trustees
shall be prepared to answer the questions of the county legislature with
respect to the projects undertaken, the monies expended, and the
administrative activities during the past year. Any costs associated
with preparing the annual report shall be a charge to the fund.
Permissive referendum. 1. The provisions of sections one
hundred one and one hundred two of this chapter and the applicable
provisions of the election law as to conduct of elections and
qualifications of voters shall apply to permissive referenda conducted
hereunder, except that only those electors shall be qualified to sign a
petition and to vote who are resident within an area included in the
proposed county district, and provided further that the number of
signatures required on the petition shall be one hundred or five per
centum of the owners of taxable real property situated within the
proposed district, whichever shall be less.
2. The clerk of the board of supervisors shall cause to be prepared
and have available for distribution proper forms for such petition and
shall distribute a supply to any person requesting the same.
3. Where there are no resident electors within an area included in the
proposed county district, the referendum may be waived upon
certification by the county board of elections that there are no
qualified electors.
Application to the department of audit and control. 1.
Whenever a resolution approving the establishment of a county district
shall have become effective, and it is proposed or required that the
county in which such district is located shall finance the cost thereof
by the issuance of the bonds, notes, certificates or other evidences of
indebtedness of the county therefor, or shall assume the payment of
annual installments of debt service on obligations issued to finance the
cost of facilities, pursuant to section two hundred sixty-two of this
article, and, if the state comptroller shall have computed average
estimated costs for similar types of districts, the cost of the proposed
district or extension to the typical property or, if different, the cost
of the proposed district or extension to the typical one or or two
family home as stated in the notice of hearing is above the average
estimated cost to the typical properties or homes for the establishment
or extension of similar types of districts as may be annually computed
by the state comptroller, the clerk of the board of supervisors shall
file an application in the office of the department of audit and control
for permission to establish the district. The state comptroller
annually shall provide to counties notice of the average cost thresholds
as may be computed in accordance with this section. Such application
shall be executed and verified by the chairman of the board of
supervisors or such other officer as the board may designate and be in
such form and contain such information as may be prescribed by the state
comptroller. The state comptroller may require the submission of
additional information or data in such form and detail as he shall deem
sufficient, or may cause an investigation to be made to aid him in
making the determinations below mentioned. Upon such application and
such other information, data and material which may be submitted, the
state comptroller shall determine whether the public interest will be
served by the establishment of the district and also whether the cost
thereof will be an undue burden upon the property of the proposed
district. If such resolution shall have provided for the establishment
of zones of assessment and the allocation of the costs of the facilities
as between such zones of assessment, the state comptroller shall further
determine whether the cost of the facilities allocated to each of said
zones of assessment will be an undue burden upon the property of each
proposed zone of assessment.
2. Upon completion of the examination of the application and
investigation of the project, the state comptroller shall make an order,
in duplicate, granting or denying permission for the establishment of
the district and shall file one copy of such order in the office of the
state department of audit and control at Albany, New York, and the other
in the office of the clerk of the board of supervisors of the county in
which the proposed district is located. The clerk of the board of
supervisors shall present such order to the board at the next meeting
thereof. If the state comptroller shall deny permission for the
establishment of the district, no further proceedings shall be taken in
the matter. If the state comptroller shall grant permission for the
establishment of the district or if such permission is not required, the
board of supervisors may adopt an order establishing the district.
Recording and filing of determination. The clerk of the board
of supervisors shall within ten days cause a certified copy of the order
of the board of supervisors establishing or extending the district,
consolidating two or more districts, or authorizing the increase and
improvement of facilities previously authorized for an existing district
to be recorded in the office of the clerk of the county and when so
recorded such order shall be presumptive evidence of the regularity of
the proceedings for the establishment of the district or for the
authorization of the increase and improvement of facilities previously
authorized for an existing district and of all other action taken by the
board of supervisors in relation thereto. A certified copy of such order
shall also be filed in the office of the state department of audit and
control at Albany, New York.
Review. Any interested party, including a city or village, or a
town board or board of commissioners on behalf of a district, aggrieved
by the final determination or order made by the board of supervisors
establishing the district or authorizing the increase and improvement of
facilities previously authorized for an existing district, may make
application for review of any and all of the final determinations made
by the board of supervisors in connection with the proceeding
establishing the district or authorizing the increase and improvement of
facilities previously authorized for an existing district in the manner
provided in article seventy-eight of the civil practice law and rules
provided that application for review is made within thirty days from the
date of the recording of the order establishing the district or
authorizing the increase and improvement of facilities previously
authorized for an existing district in the office of the clerk of the
county. Unless such application is made within thirty days as aforesaid,
the order establishing the district or authorizing the increase and
improvement of facilities previously authorized for an existing district
shall be final and conclusive. In the event that upon such review there
shall be any modification by the court of such final determination or
order, the clerk of the board of supervisors shall cause such order to
be recorded and certified copies thereof filed in the same places as was
the determination or order appealed from.
Administration of the county district. When a county district
shall have been established, the board of supervisors shall appoint,
designate or establish an officer, board or body as the administrative
head or body of the district. All matters relating to the membership of
such administrative head or body, including but not limited to, numbers,
method of selection, tenure, qualifications and compensation, shall be
determined by the board of supervisors. A member of the board of
supervisors or any other county officer or official may be appointed as
administrative head or as a member of the administrative body provided
that he shall receive no additional salary or compensation for such
services. The administrative head or body of one or more county
districts shall be considered to be the administrative head or body of
an administrative unit of county government. The title of such
administrative head or body, if such functions are not conferred on an
existing officer or body, and the name of such administrative unit, if
the county district is made a separate administrative unit of county
government, shall be prescribed by the board of supervisors, and such
officer or body shall have all the powers generally conferred on heads
of administrative units by this chapter, not inconsistent with the
provisions of this article, and shall be subject to all of the duties
imposed upon such heads by this chapter, not inconsistent with the
provisions of this article.
Performance of the work. After a district shall have been
established, the administrative head or body shall cause to be prepared
by the county engineer, or other county officer having equivalent
qualifications, or a duly licensed engineer employed for that purpose,
detailed plans and specifications for the improvement, a careful
estimate of the expense, and, with the assistance of the county
attorney, or an attorney employed for that purpose, a proposed contract
or contracts for the execution of the work. The administrative head or
body shall examine such detailed plans, specifications, estimates and
contracts and may adopt, modify, amend or reject the same. Upon adoption
of the plans, specifications, estimates and proposed contract, the
administrative head or body shall cause contracts to be let in the same
manner provided for other county construction projects. Nothing herein
shall prevent the purchase or condemnation of any existing county
system, or portion or portions thereof, whether inside or outside of the
county, necessary for the purposes of the county district, provided,
however, that there shall be no power to condemn property the legal
title to which is vested in a public corporation or a special
improvement district unless the owner shall consent thereto. The cost
thereof, together with the cost of construction of those facilities
proposed to be constructed, shall not exceed the maximum cost of the
project as advertised in the notice of hearing published pursuant to
section two hundred fifty-four of this article. In the event that a
system owned by a municipal corporation or district is purchased, the
county may by agreement with the seller, assume the payment of annual
installments of principal of, and interest on, obligations issued by the
selling municipality to finance the cost of the facilities so sold. If
payment of annual installments of debt service is not assumed, as
aforesaid, the selling municipality shall set aside in a reserve fund,
so much of the purchase price received as is sufficient to meet all
future installments of principal of, and interest on, outstanding
obligations issued by it to finance the cost of the facilities sold.
Moneys in such a reserve fund may be invested as provided in section
eleven of the general municipal law.
Powers. The administrative head or body may acquire by gift,
lease, purchase or condemnation, real estate and easements, rights of
way or other interests therein necessary or proper for the purposes of
the district. In Suffolk county it may acquire by gift, lease or
purchase personalty or it may accept the gift of a sum of money
necessary or proper for the purposes of the district. In water quality
treatment districts, it may request, receive and administer grants and
other sums of money necessary or proper for the purposes of the
district. In the county of Oneida, it may grant easements or rights of
way necessary or proper for the purposes of the district. It may (1)
construct, reconstruct, improve or repair facilities in or under the
surface of any highway in the county or in another county for the
purpose of transporting water, sewage or drainage to or within the
county district, and shall cause such highway to be restored to its
usual condition at the expense of the district, or (2) provide for the
collection and disposition of garbage, ashes, rubbish and other waste
matter in such district, and for that purpose may provide for the
construction, operation and maintenance of all necessary appliances
appurtenant thereto, including such vehicles as may be required for the
collection and disposition of garbage, ashes, rubbish and other waste
matter. No facilities shall be laid under any county parkway, county
road, town highway or city or village street without the consent of the
officer or body having jurisdiction over, and control thereof, and, in
the case of the state thruway, state parkways, state highways, county
roads or county parkways, or highways constructed pursuant to section
one hundred ninety-four, section one hundred ninety-five or article six
of the highway law, in addition to such consents, the consent of the
state commissioner of transportation or other state officer or body
having jurisdiction over and control thereof.
The administrative head or body of a county sewer district may acquire
by condemnation from railroad corporations, real estate and easements,
rights of way or other interests of such railroad corporations necessary
or proper for the purposes of the district, provided, however, that in
the event the railroad objects to such condemnation on the ground that
it will interfere with the safe and uninterrupted maintenance and
operation of the railroad, the railroad shall have thirty days after
receipt of notice of such condemnation to request a hearing before the
commissioner of transportation. The commissioner of transportation shall
give the railroad and the district notice of not less than ten days of
the time and place scheduled for such hearing. The commissioner of
transportation, after hearing the evidence shall decide whether such
condemnation is permissible and in the public interest, and whether an
order permitting the county sewer district to enter upon said railroad
lands to perform such work is necessary and proper; such order shall
also include terms protecting the railroad in safe and uninterrupted
maintenance and operation of said railroad during the performance of any
work on railroad lands by employees and agents of the sewer district if
their entry upon railroad lands for such work is deemed necessary by the
commissioner's order. The determination of the commissioner shall be
subject to judicial review pursuant to article seventy-eight of the
civil practice law and rules.
The administrative head or body of any county water district on behalf
of such county water district, with the approval of the board of
supervisors of such county, a county water authority, any city, any town
on behalf of a town water district, and any village which own and
operate water systems may enter into contracts providing for
interconnections of such water systems, regulating the sale of water, or
the purchase of water, by any of the parties to the contract to another
party to the contract, which contracts may contain such other further
covenants, agreements, terms and conditions which the contracting
parties deem necessary or desirable for the efficient and economical
operation of the respective water systems of the parties to the
contract, provided, however, that no such contract shall relate to an
area then being served by any such county water district, county water
authority, city, town water district or village without the consent of
the governing board of the district, authority, city or village, as the
case may be. Any such contract shall be subject to the approval of the
water resources commission.
Powers with respect to lake protection and rehabilitation.
The administrative head or body shall be responsible for:
1. Initiating and coordinating research and surveys for the purpose of
gathering data on the lake, related shorelands, and the drainage basin;
2. Planning lake rehabilitation projects;
3. Adopting by resolution rules for carrying out their duties and
plans for lake rehabilitation projects;
4. Contacting and attempting to secure the cooperation of officials of
units of general purpose government in the area for the purpose of
enacting ordinances deemed necessary by the board of supervisors as
furthering the objectives of the district;
5. Carrying out lake protection and rehabilitation projects and
obtaining any necessary permits therefor; and
6. Maintaining liaison with those officials of state government and
local government involved in lake protection and rehabilitation.
Rules and regulations. The board of supervisors shall have
power to adopt, amend and repeal, from time to time, rules and
regulations for the operation of a county district and the use of water
in a water district including regulation of the manner of making
connections and the construction of the county system and all facilities
and appurtenances.
Contracts. a. The administrative head or body, where
applicable, may contract (1) for the purchase, from any legal entity
having water available, of any quantity of water for resale within the
water district on either a wholesale or retail basis, subject to the
approval of the contract by the county legislative body, or (2) for the
collection, conveyance, treatment or disposal of sewage, wastewater
disposal, water quality treatment residuals, drainage and refuse with
any public corporation or any county or town on behalf of any
improvement district and also with any other sewer district, wastewater
disposal district, water quality treatment district or private
corporation. If the county drainage district has capacity in excess of
its own needs, the county legislative body may contract for the
conveyance of storm water and other waters, both surface and
sub-surface, from municipalities, districts and persons, corporate or
otherwise, outside the drainage district.
If a Suffolk county sewer district has capacity in excess of its own
needs, the administrative head may contract with municipalities,
districts, public or private corporations, or individuals within or
without the district for the collection, conveyance, treatment or
disposal of sewage including scavenger waste.
b. Upon the adoption of a resolution, the administrative head or body
of a district, with the approval of the county legislative body, may
enter into such contracts, as it may deem necessary, with any person,
corporation or association for the purpose of ensuring that the cost of
the county district will not constitute an undue burden upon the
property within such district and may require the filing of a surety
bond or bonds or the deposit of cash or securities with the county
treasurer to ensure the performance of such contracts.
Water rates, water quality treatment, sewage, wastewater
disposal and refuse collection charges and revenues. 1. Subject to
confirmation by the board of supervisors, the administrative head or
body: (a) may establish, from time to time, wholesale and retail rate
schedules for water sold to, or a scale of charges for the collection,
conveyance, treatment and disposal of sewage, wastewater or refuse from,
public corporations, improvement districts, commercial and industrial
users and individuals to be determined on any equitable basis including
but not limited to a system of classification which, for purposes of
establishing differential rates, charges or rentals, may allocate among
areas within the district designated by the administrative head or body,
the costs of establishment of the district, the furnishing of
improvements therein and operation and maintenance of district
facilities or any combination thereof; or (b) may impose sewer rents as
provided by the general municipal law. Before any such schedules are
finally established, the administrative head or body shall hold at least
one public hearing thereon. Appeals may be taken from any rate fixing
determination of the administrative head or body to the board of
supervisors. The board of supervisors shall prescribe the manner of
holding such hearings and of taking appeals. The administrative head or
body shall also adopt rules and regulations, subject to approval of the
board of supervisors, prescribing the terms and conditions under which
service will be given to consumers, including the manner of paying bills
for service, penalties for non-payment, discounts, deposits and other
related matters. No water shall be sold to persons situated within a
city, village, water district, water supply district or fire district in
which there is a water distribution system operated by the municipality
or district without the consent of such municipality or district. No
sewage, wastewater, water quality treatment or refuse collection service
shall be furnished to individual properties situated within a city,
village or district which operates a sewer, wastewater disposal, water
quality treatment or refuse system furnishing a similar service as the
county district without the consent of such city, village or district.
If the county water, water quality treatment, sewer, wastewater
disposal, drainage or refuse district has a supply of water or
facilities and capacity in excess of its own needs, the administrative
head or body may sell such excess water to, or contract for the use of
such facilities by, municipalities, district or persons outside the
county district. Notwithstanding the provisions of sections two hundred
seventy, two hundred seventy-one and two hundred seventy-four, revenues
derived from water rates, water quality treatment charges, sewer rents
and sewage, wastewater and refuse collection charges shall be applied
toward the maintenance and operation of the water, water quality
treatment, sewer, wastewater or refuse collection system and for the
payment of debt service, to the extent such revenues are available.
2. The county treasurer, or comparable officer or body, shall collect
and receive all rates, rentals, charges and other revenue of the
district and keep a true account of all such receipts. Unpaid charges
and rents shall be a lien upon the real property upon which or in
connection with which services were provided as and from the first day
fixed for payment of such charges and rents.
3. (a) An agreement between the water quality treatment district,
acting through its administrative head, and an owner of a benefited
parcel of property shall be entered into before the procurement,
installation and maintenance of a water quality treatment unit or
device. An agreement between such parties shall also be required for the
modification and/or maintenance of a water quality treatment unit or
device which is in place at the time when the property becomes a part of
the district, however, the modification and/or unit or device must first
be approved by the state department of health. Such agreements may be
amended from time to time by mutual consent of the district, acting
through its administrative head, and the owner of a benefited parcel of
property. The agreement shall set forth the amount to be paid by the
owner attributable to the expense of procurement, installation and
modification, as the case may be, of the water quality treatment unit or
device, and shall contain a statement that the ownership of the
treatment units or devices purchased by the district shall remain the
property of the district and that charges for monitoring, testing,
operation and maintenance shall be determined annually as provided in
section two hundred seventy-one of this chapter. All of the expenses for
the procurement and installation or modification may be paid at the time
an agreement is entered into.
(b) The water quality treatment district, acting through its
administrative head, subject to the approval of the board of
supervisors, may authorize payment of the expenses of procurement,
installation or modification of the water quality treatment unit or
device over a period of time in annual installments. Such authorization
shall set forth whether the annual installments shall be due and payable
at the same time as town and county taxes are due or at another time.
The option of paying such expenses in annual installments, if provided
by authorization of the water quality treatment district, shall be
available to each property owner in the district. If such annual
installments shall be due at the same time as town and county taxes, the
water quality treatment district, acting through its administrative
head, shall transmit the amount of the annual installments to the county
treasurer, or comparable officer or body for the levy and collection and
enforcement of the same in the manner and at the same time as town and
county taxes are levied, collected and enforced.
(c) Where the annual installments are to be paid at any other time,
the authorization shall set forth the time and manner of payment and
collection. Such authorization may be amended from time to time. If any
portion or an installment for the procurement, installation and
modification of such unit or device is not paid within thirty days of
when it is due, the district, acting through its administrative head,
shall notify the owner of the property that unless such amount is paid
within ten days from the date of the notice, such unit or device may be
removed at the expense of the property owner. If the owner fails to pay
such amount by such date, the district, acting through its
administrative head, may cause such unit or device to be removed. After
such removal, the district, acting through its administrative head,
shall send the owner a statement of the amount due, together with the
amount of expense attributable to removal of such unit or device, and
the total amount thereof shall be a lien upon such real property and
collection thereof shall be enforced at the same time and in the manner
as the collection of town and county taxes are enforced with interest as
provided herein. If the unit or device is not so removed, the collection
of the amount set forth in the first notice of delinquency shall be
enforced at the same time and in the manner as the collection of town
and county taxes are enforced. The total amount set forth in such first
notice, together with interest thereon shall be a lien upon such real
property until it is paid. Interest shall be charged at the rate of one
percent per month or fraction thereof, subsequent to the expiration of
the ten days notice, until paid or the date of tax sale, whichever is
sooner.
(d) The agreement shall also contain a grant by the owner to the water
quality treatment district, its agents, employees and representatives
authorized to act on its behalf, a right of entry and access to the
property, while such property is within such district, for the purposes
of installation, modification, replacement, repair, monitoring, testing,
operation and maintenance, regeneration and removal of the water quality
treatment unit or device. Thereafter employees, agents and authorized
representatives of the district shall have a right of entry and access
to such property for the purposes specified herein, upon reasonable
notice at reasonable times. If a lessee or occupant of said property
refuses to allow such entry and access, the water quality treatment
district may apply to a court of competent jurisdiction to enforce its
right of entry and access. If entry and access was refused by the owner
of the property, the water quality treatment district may in its
discretion remove the water quality treatment unit or device at the
expense of the owner, unless such unit or device was acquired and owned
by the property owner and exclude the property from the district. Such
expense together with any other charges accrued prior to such removal
shall be collected in the manner provided in paragraph (c) of
subdivision three-a of section two hundred sixty-six of this chapter.
4. The county treasurer, or comparable officer or body, shall prepare,
and transmit to the board of supervisors, on or before the first day of
December in each year a list of those residents or property owners
within the county who are in arrears in the payment of charges and rents
for a period of thirty days or more after the last day fixed for payment
of such charges and rents without penalty. The list shall contain a
brief description of the properties for which the services were
provided, the names of the persons or corporations liable to pay for the
same and the amount chargeable to each, including penalties and interest
computed to December thirty-first. The board of supervisors shall levy
such sums against the properties liable and shall state the amount
thereof in a separate column in the annual tax rolls of the various
municipalities under the name of "county water charges," "county water
quality treatment charges," "county sewer rents," "county sewer
charges," "county wastewater disposal charges," or "county refuse
collection charges". Such amounts, when collected by the several
municipal collectors or receivers of taxes, shall be paid over to the
county treasurer, or comparable officer or body. All of the provisions
of the tax laws of the state of New York covering the enforcement and
collection of unpaid taxes or assessments for special improvements not
inconsistent herewith shall apply to the collection of such unpaid
charges and rents. Such amounts, when received by the county treasurer,
or comparable officer or body, shall be credited to the applicable
county district fund and shall be used only for such county district
purposes.
Expense of the improvement. The cost of establishment of a
county district and the furnishing of the improvement therein shall
include the amount of all contracts, the costs of all lands and
interests therein necessarily acquired, the costs of erection of
necessary facilities and appurtenances for operation or administration
of the improvement, the costs of necessary original equipment for
operation or administration of the improvement, printing, publishing,
interest on loans, legal and engineering services and all other expenses
incurred or occasioned by reason of the establishment of the district
and the furnishing of the improvement. In addition there shall be
apportioned against, charged to and included in such cost such allowance
as the board of supervisors may make for expenditures made by the
initiating agency which are directly attributable to the establishment
of the county district, as well as for any services rendered by the
county attorney, the county engineer or any other salaried county
officer or employee, when such services have been necessary to or
occasioned by reason of the establishment of the county district.
Increase and improvement of facilities. 1. Whenever the board
of supervisors shall determine it necessary to acquire additional lands
or interests in lands or to acquire or to construct (1) water rights,
wells, reservoirs or basins in order to maintain an adequate source of
water supply, (2) water quality treatment units or devices and related
apparatus and equipment, (3) additional trunk, interceptor and outfall
sewers, pumping stations, sewage treatment and disposal works and
appurtenances, street lateral sewers, or other facilities, (4)
additional drains, pumping stations, or other improvements or to perform
other work of a permanent nature such as dredging, widening or
straightening of streams and water courses, or, (5) refuse disposal and
incinerator plants, including all necessary facilities and equipment
appurtenant thereto; or whenever the board of supervisors shall
determine it necessary for the proper maintenance and service of such
facilities to increase, improve or reconstruct the facilities thereof,
including the acquisition of additional lands, or interests in land
therefor, the board of supervisors shall cause a map and plan of the
proposed improvement together with an estimate of the cost to be
prepared by the county engineer or an engineer duly licensed by the
state of New York. When the map and plan and estimate of cost have been
completed, the board of supervisors shall call a public hearing thereon
and cause a notice thereof to be published and posted in the manner
prescribed in section two hundred fifty-four. Such notice shall describe
in general terms the proposed improvement or the location of the lands
to be acquired, shall specify the estimated expense thereof, and, if
zones of assessment have been established in such county district, shall
specify the proposed allocation of the cost thereof as between such
zones. Such notice shall further state the time when and the place where
the board will meet to hear all persons interested in the subject matter
thereof. After such hearing and upon the evidence given thereat, the
board of supervisors shall determine (a) whether it is in the public
interest to acquire or construct the proposed improvement; and (b) if
zones of assessment have been established in such county district, the
allocation of the cost thereof as between such zones. If the board of
supervisors shall decide that it is in the public interest to acquire or
construct the proposed improvement, the board of supervisors shall
direct the administrative head or body to proceed with the improvement
in the manner provided by section two hundred sixty-two. In case the
purchase of lands only is involved, the board of supervisors may cause
such lands to be purchased for the district.
In Suffolk county, notwithstanding any other general or special law to
the contrary, a sewer district may construct excess capacity for the
treatment and disposal of sewage and scavenger waste from outside the
district if the district has one or more executory contracts with other
districts, municipalities or corporations, public or private, that wish
to avail themselves of such excess capacity.
2. In like manner, the board of supervisors may, after the public
hearing held upon due notice, replace obsolete, inadequate, damaged,
destroyed or worn out apparatus and equipment or acquire additional
apparatus and equipment.
3. Whenever it is proposed or required that the county in which a
district is located shall finance an expenditure or contract for the
purposes authorized in this section by the issuance of the bonds, notes,
certificates or other evidences of indebtedness of the county therefor,
or shall assume the payment of annual installments of debt service on
obligations issued to finance the cost of facilities, pursuant to
section two hundred sixty-two of this article, and the cost to the
typical property or, if different, the cost to the typical one or two
family home is above the average estimated cost to the typical
properties or homes for similar types of expenditures as may be annually
computed by the state comptroller, no such expenditure shall be made or
contract let, unless the state comptroller, on behalf of the state,
shall consent to such expenditure.
Increase of maximum amount to be expended. At any time after
the establishment of a district pursuant to this article, the maximum
amount authorized to be expended for the original improvement or for the
original improvement, the plans for which have been amended or modified
pursuant to section two hundred fifty-three-a of this article, in such
district may be increased by a resolution of the board of supervisors on
its own motion or provided a petition requesting such increase executed
and acknowledged in accordance with section two hundred fifty-three of
this article is presented to the board of supervisors, and provided the
board of supervisors shall, after a public hearing called and held in
the manner prescribed by section two hundred fifty-four of this article,
determine that it is in the public interest to authorize the increase of
such maximum amount and provided that whenever it is proposed or
required that the county in which such district is located shall finance
the cost thereof by the issuance of the bonds, notes, certificates or
other indebtedness of the county therefor, or shall assume the payment
of annual installments of debt service on obligations issued to finance
the cost of facilities, pursuant to section two hundred sixty-two of
this article, and the cost to the typical property or, if different, the
cost to the typical one or two family home is above the average
estimated cost to the typical properties or homes for the establishment
of similar types of districts as may be annually computed by the state
comptroller, the comptroller of the state of New York shall have made,
prior to such public hearing, an order approving the increase of such
maximum amount as stated in the motion or petition. The order of the
comptroller shall be prepared in duplicate and one copy thereof filed in
the office of the department of audit and control and the other copy in
the office of the clerk of the board of supervisors of the county in
which the district is located.
If zones of assessment have been established, such resolution of the
board of supervisors shall provide for the allocation of such increase
as between such zones of assessment, and the notice of such public
hearing shall state such allocation.
The resolution of the board of supervisors shall be subject to a
permissive referendum in the same manner and extent as provided for in
section two hundred fifty-six of this article.
Assessment of the cost. 1. The expense of the establishment of
a district, except a water quality treatment district, and of providing
improvements therein, including the improvements described in section
two hundred sixty-eight, shall be assessed, levied and collected from
the several lots and parcels of land within the district in the same
manner and at the same time as county charges, except that before any
special assessment is levied pursuant to this section, the board of
supervisors shall increase or diminish the aggregate valuations of real
estate in that portion of any tax district included within the county
district by following the equalization rule set forth in article eight
of the real property tax law. The annual expense of operation and
maintenance shall be assessed, levied and collected in the same manner
and at the same time as the expense of the improvement is assessed,
levied and collected.
2. The board of supervisors may adopt a resolution authorizing the
application of the agricultural assessment established pursuant to
article twenty-five-AA of the agriculture and markets law to the special
assessment or special ad valorem levy made on behalf of a water, sewer,
or sanitation district on land located within the water, sewer, or
sanitation district and benefitting from such agricultural assessment. A
copy of this resolution shall be delivered to the assessor or assessors
of each town and shall be effective on the assessment roll prepared on
the basis of the next taxable status date following its adoption. A
resolution repealing this authorization shall similarly be delivered to
the assessor or assessors of the town and shall be effective on the
assessment roll prepared on the basis of the next taxable status date
following its adoption.
3. Notwithstanding any other provisions of this chapter if zones of
assessment have been initially established, and an initial allocation of
the total estimated cost of the facilities has been made to such zones
of assessment, the amount of the cost of the facilities so allocated to
any such zone of assessment shall be annually assessed, levied and
collected from the several lots and parcels of land within said zone of
assessment within the district in the same manner and at the same time
as other county charges, except that before any special assessment is
levied pursuant to this section, the board of supervisors shall increase
or diminish the aggregate valuations of real estate in that portion of
any such zone of assessment included within the county district by
following the equalization rule set forth in article eight of the real
property tax law. The annual expense of operation and maintenance shall
annually be allocated by the board of supervisors as between the zones
of assessment of the district and shall be assessed, levied and
collected from the several lots and parcels of land within each zone of
assessment chargeable therewith, in the same manner and at the same time
as county charges.
4. The board of supervisors, after holding a public hearing upon
notice published in the same manner as provided in section two hundred
fifty-four of this chapter, from time to time, by resolution may change
either (1) the allocation of the cost of such facilities as between such
zones of assessment or (2) the boundaries of such zones of assessment.
After adoption of such resolution, application shall be made to the
department of audit and control in the manner provided in section two
hundred and fifty-eight of this chapter for a determination as to
whether the proposed changes will result in an undue burden upon the
property of any zone of assessment. The state comptroller shall make an
order in duplicate granting or denying permission for the proposed
changes and thereafter, proceedings shall be taken in the same manner
provided in section two hundred fifty-eight of this chapter.
5. Nothing in this section contained shall be construed to prevent the
financing in whole or in part, pursuant to the local finance law, of
expenditures made pursuant to this article.
Alternative method of assessment. 1. Notwithstanding the
provisions of the preceding section, if the notice of public hearing to
be held by the board of supervisors pursuant to section two hundred
fifty-four shall contain a statement that the cost of the improvement
will be assessed in proportion as nearly as may be to the benefit which
each lot or parcel of land will derive therefrom, and in the case of a
water quality treatment district, such cost shall be assessed, levied
and collected as hereinafter provided. The board of supervisors may
determine to issue, pursuant to the local finance law, the obligations
of the county in such an amount as said board may estimate to be
sufficient to pay the entire cost of the improvement, but not in excess
of the maximum amount proposed to be expended for the improvement as
stated in the notice of hearing published pursuant to section two
hundred fifty-four. In preparing the annual estimate of revenues and
expenditures pursuant to section three hundred fifty-three of this
chapter, the administrative head or body shall include, in addition to
all costs of operation and maintenance for the next succeeding fiscal
year, sums sufficient to pay the annual installment of principal of, and
interest on, obligations issued as aforesaid. The administrative head or
body shall thereupon annually assess the amount of the estimate of
expenditures, less the estimate of revenues as set forth in the estimate
so prepared, on the lots and parcels of land in the district in
proportion as nearly as may be to the benefit which each lot or parcel
will derive therefrom and shall prepare an assessment roll which shall
describe each such lot or parcel of land in such manner that the same
may be ascertained and identified and shall show the name or names of
the reputed owner or owners thereof, and the aggregate amount of the
assessment levied upon such lot or parcel of land. The assessment roll
shall be submitted to the budget officer at the same time as the
estimate is submitted, for transmittal with the tentative budget to the
clerk of the board of supervisors. The assessment roll shall remain on
file in the office of the clerk and be open to public inspection during
business hours. The board of supervisors shall hold a public hearing on
the assessment roll. Notice of such public hearing shall be published at
least once in the official newspapers stating that said assessment roll
has been completed and that at a time and place to be specified therein
the board of supervisors will meet and hear and consider any objections
which may be made to the roll. The first publication of the notice of
the completion of the roll shall be not less than five days before the
date specified for the hearing. At the time and place specified, the
board of supervisors shall meet and hear and consider any objections to
the assessment roll, and may change or amend the same as it deems
necessary or just so to do and may affirm and adopt the same as
originally proposed or as amended or changed, or they may annul the same
and order the administrative head or body to proceed anew and to prepare
another roll or the board of supervisors may prepare such new roll. No
such amended, changed or new roll shall be adopted unless the board of
supervisors shall hold a hearing thereon in the manner and upon the
notice prescribed for the original hearing. It shall be the duty of the
board of supervisors to levy the sum apportioned to and assessed upon
each such lot or parcel of land at the time and in the manner provided
by law for the levy of state, county or town taxes. Such sums so levied
shall be collected by the local tax collectors or receivers of taxes and
assessments and shall be paid over to the county treasurer, or
comparable officer or body, in the same manner and at the same time as
taxes levied for general county purposes. The county treasurer, or
comparable officer or body, shall keep a separate account of such moneys
and they shall be used only for purposes of the county district for
which collected. Nothing herein shall prevent the public hearing on the
assessment roll from being held simultaneously with the hearing on the
county budget held pursuant to section three hundred fifty-nine of this
chapter. If the cost of establishment of the county district and the
providing of an improvement therein has been assessed, levied and
collected pursuant to the provisions of this section, then the cost of
any improvement made pursuant to section two hundred sixty-eight shall
be assessed, levied and collected pursuant to the provisions of this
section. If the cost of establishment of the county district and the
providing of an improvement therein has been assessed, levied and
collected pursuant to the provisions of section two hundred seventy,
then the cost of any improvement made pursuant to section two hundred
sixty-eight shall be assessed, levied and collected pursuant to the
provisions of section two hundred seventy.
2. If the cost of establishment of a county sewer district is
assessed, levied and collected pursuant to the provisions of this
section, then the cost of any street lateral sewers included in the
district or constructed as an improvement to it under section two
hundred sixty-eight, shall be assessed, levied, and collected from the
properties, lots or parcels fronting or abutting thereon. The provisions
of this subdivision two shall not apply to the Southwest sewer district,
also known as county sewer district number three, in the county of
Suffolk.
3. In the case of water quality treatment districts, the board of
supervisors shall cause to be prepared estimates required to meet
expenses for the annual monitoring, testing, operation and maintenance
of the district, at the same time as provided in this section for the
preparation of the assessment roll. Such annual estimates shall contain
the anticipated revenue and expenditures for such district for the
ensuing year. It shall also show the amount of expenses which shall be
apportioned or charged against each lot or parcel within such district
in proportion as nearly as may be to the benefit which each such lot or
parcel will derive therefrom. After such annual estimates have been
prepared the board of supervisors shall cause a notice to be published
in the official newspapers that the same may be examined in the office
of the clerk and that a public hearing will be held thereon by the board
of supervisors, specifying the time when and the place where such
hearing will be held. Such public hearing may be held on the same day as
the hearing on the county budget pursuant to section three hundred
fifty-nine of this chapter. Such notice shall be published at least five
days before such hearing. After such hearing the board of supervisors
shall adopt such estimates or it may amend and modify the same. If the
amount apportioned against any one parcel is increased after the public
hearing, the board of supervisors shall hold another public hearing on
like notice. Such annual estimates and the apportionment against each
such lot or parcel shall be adopted by the board of supervisors no later
than the date of adoption of the annual county budget. After such
adoption such annual estimates shall be filed in the office of the
county clerk, and the board of supervisors shall levy the amount
apportioned to each lot or parcel at the time and in the manner provided
by law for the levy of town and county taxes. Such amount so levied
shall be collected and enforced at the same time and in the manner that
town and county taxes are collected and enforced. Nothing in this
section contained shall be construed to prevent the financing, in whole
or in part, of expenditures by private sources, grants or by other
means.
Taxation of district property. All real property acquired for
the purposes of the county district shall be acquired in the name of
such county district. Real property acquired in the name of the county
district shall be assessed for the purposes of taxation at the value
thereof exclusive of improvements erected or installed by or on behalf
of such county district, but in no case at less than the assessed
valuation at the time of acquisition by such county district, provided
however, that in those cases where the county district acquires real
property already containing improvements intended for the very purpose
for which the particular district was established, the real property so
acquired shall be assessed at the value of the land alone, exclusive of
such improvements. Except as provided above, such real property shall be
valued on an equitable basis with other comparable real property in the
district.
Contracts with public authorities for county water districts.
1. Notwithstanding any other provision of this chapter, the board of
supervisors may enter into a contract with a public authority which
possesses express reciprocal powers whereby the construction and
development of a water supply and distribution system, or any part or
parts thereof, may be accomplished by such public authority on behalf of
the county water district, with the expense thereof to be assessed as
provided in section two hundred seventy hereof. Such water authority
shall be deemed the agent of the county or counties which are a party or
parties to such contract. If such contract shall authorize the water
authority to purchase supplies or equipment or to construct public
works, such authority shall be subject to all provisions of law to which
a county would be subject in relation to advertising and awarding any
such contracts for supplies, equipment or public works.
2. a. Notwithstanding any other provision of this act, the board of
supervisors may enter into a contract with a public authority whereby
the public authority may assume the operation and management of the
district. Except as otherwise provided in this section, the provisions
of sections two hundred sixty-one, two hundred sixty-five and two
hundred sixty-six shall, in such case, be inoperative, and the functions
of the administrative head or body as prescribed in sections two hundred
sixty-two and two hundred sixty-three shall be exercised by the board of
supervisors.
b. The public authority shall make periodic reports to the board of
supervisors, showing in detail the operations of the district for the
preceding period, including a detailed report of its receipts and
disbursements, and such other facts as the board of supervisors may deem
important for its information, together with such recommendations as the
public authority may have as to improvements to the systems and such
other recommendations as may be proper for the consideration of the
board of supervisors.
c. The public authority shall also annually, at such time as the board
of supervisors may determine, submit to such board a statement of the
estimated expense of the operation and maintenance of the district and
the amount required for the payment of all debt service on obligations
of the county issued for the purposes of such district, for the ensuing
fiscal year. Such statement shall show the amount which the public
authority recommends be raised by water rates and the amount to be
raised by assessments. The board of supervisors may change the amounts
so recommended to be raised by water rates and assessments, provided,
however, that the total of such amounts shall not be reduced below the
estimated expense of the operation and maintenance of the district plus
the amount required for the payment of all debt service on obligations
of the county issued for the purposes of such district. The board of
supervisors shall affirm and adopt such statement as originally
submitted or as changed. All rate schedules proposed to be established
by the public authority and all amendments thereto or changes therein,
shall be submitted to the board of supervisors for its prior approval.
Rates shall be fixed in such amounts as to assure revenues therefrom, in
addition to amounts received from assessments, sufficient to defray all
costs of operation and maintenance and all debt service on obligations
of the county issued for the purposes of the county water district. The
public authority shall pay over to the county treasurer, or comparable
officer or body, at such times as necessary, sufficient moneys to meet
such obligations as they become due. Unpaid water charges shall be a
lien upon real property as provided in subdivision two of section two
hundred sixty-six of this chapter and shall be enforced as provided in
subdivision three of such section, except that the list of delinquent
users shall be prepared and transmitted by the public authority and the
amounts received on such accounts by the county treasurer, or comparable
officer or body, shall be paid over to the public authority.
d. The amount determined to be raised by assessment shall be assessed
and levied as provided in section two hundred seventy, provided,
however, that if the notice of public hearing to be held by the board of
supervisors pursuant to section two hundred fifty-four shall contain a
statement that the cost of the improvement will be assessed in
proportion as nearly as may be to the benefit which each lot or parcel
of land will derive therefrom, such amount shall be assessed and levied
as hereinafter provided. The board of supervisors shall annually cause
to be assessed the amount determined to be raised by assessment on the
lots or parcels of land in the district in proportion as nearly as may
be to the benefit which each lot or parcel will derive therefrom and
shall cause an assessment roll to be prepared in the manner provided in
section two hundred seventy-one. Such assessment roll shall be filed in
the office of the clerk of the board of supervisors and shall be open to
public inspection at such office during business hours. The board of
supervisors shall hold a public hearing on such assessment roll in the
manner and upon the notice prescribed in section two hundred
seventy-one. At the time and place specified in the notice, the board of
supervisors shall meet and hear and consider any objections to the
assessment roll and may change or amend the same as it deems necessary
or just so to do and may affirm and adopt the same as originally
proposed or as amended or changed, or they may annul the same and cause
another roll to be prepared or the board of supervisors may prepare such
new roll. No such amended, changed, or new roll shall be adopted unless
the board of supervisors shall hold a hearing thereon in the manner and
upon the notice prescribed for the original hearing. It shall be the
duty of the board of supervisors to levy the sum apportioned to be
assessed upon each such lot or parcel of land at the time and in the
manner provided by law for the levy of state, county or town taxes.
Amounts assessed and levied pursuant to this paragraph shall be
collected by the local tax collectors or receivers of taxes and
assessments and shall be paid over to the county treasurer, or
comparable officer or body, in the same manner and at the same time as
taxes levied for general county purposes. The county treasurer, or
comparable officer or body, shall pay over all amounts so received to
the public authority.
Extension of the district. A county district may be extended so
as to include territory not previously included within its boundaries in
the same manner as hereinbefore prescribed for the original
establishment of the district. If the cost of establishment of the
original district and of providing the improvement therein was assessed,
levied and collected pursuant to the provisions of section two hundred
seventy, then the cost of the extension and of the improvements therein
shall be assessed, levied and collected pursuant to the provisions of
said section. If the cost of establishment of the original district and
of providing of the improvement therein was assessed, levied and
collected pursuant to the provisions of section two hundred seventy-one,
then the cost of the extension and of the improvement therein shall be
assessed, levied and collected pursuant to the provisions of said
section. The cost of the extension shall include such proportion of the
cost of the system of the original district as the board of supervisors
shall determine.
Consolidation of county districts by board of supervisors. 1.
Resolution. The board of supervisors may, and upon the filing with the
board of a petition signed and acknowledged, in the same manner as a
deed to be recorded, by the requisite number of owners of real property
authorized to execute and acknowledge a petition for the establishment
of a district pursuant to section two hundred fifty-three of this
article, shall, adopt a resolution calling a public hearing upon:
a. The consolidation of two or more districts established or created
for the same purpose, including (i) the determination of the basis for
the future assessment of all costs of operation, maintenance and
improvements where one or more of such districts is taxed on an ad
valorem basis and one or more is taxed on a benefit basis, or (ii) the
establishment of zones of assessment for such consolidated district,
where appropriate; and
b. The consolidation of two or more districts created for different
purposes into a single district which may provide all the services which
such districts were providing or authorized to provide, including (i)
the determination of the basis for the future assessment of all costs of
operation, maintenance and improvements where one or more of such
districts is taxed on an ad valorem basis and one or more is taxed on a
benefit basis, or (ii) the establishment of zones of assessment for such
consolidated district, where appropriate, provided that the boundaries
of such districts are coterminous.
2. County agency review and report. The board may direct the county
agency, appointed or established pursuant to section two hundred
fifty-one of this article, to review the proposed consolidation and
report thereon to the board.
3. Notice. The clerk of the board of supervisors shall give notice of
such hearing in such newspapers and within such time period as set forth
in section two hundred fifty-four of this article. Such notice shall
specify the time when and the place where such hearing will be held and,
in general terms, describe the proposed consolidation and shall
specifically state the proposed disposition of the property and
indebtedness of the original districts, and where appropriate, the
proposed basis of the future assessment of all costs of operation,
maintenance and improvement including whether zones of assessment are to
be established and the costs of district facilities are to be allocated
as between such zones. Such notice shall also state that the county
agency has issued a report on the proposed consolidation, if such be the
case, and shall specify where a copy of such report may be examined
prior to the public hearing.
4. Hearing. The board shall meet at the time and place specified in
such notice and hear all persons interested in the subject matter
thereof concerning the same. If the board shall determine, upon the
evidence given thereat, that it is the public interest to consolidate
all of the districts specified in said notice, or two or more thereof,
if such be the case, or to assess future costs of operation, maintenance
and improvements on a particular basis where appropriate, the board may
adopt a resolution subject to a permissive referendum, so consolidating
such districts, if such be the case, and were applicable, setting forth
the basis for the future assessment of all costs of operation,
maintenance and improvements, including whether zones of assessment are
to be established and the costs of district facilities are to be
allocated as between such zones.
5. Notice of adoption of resolution. Within ten days after the
adoption by the board of a resolution consolidating districts, the board
shall give notice thereof at the expense of the county, by the
publication of a notice in such newspapers and within such time period
as set forth in section one hundred one of this chapter. Such notice
shall set forth the date of adoption of the resolution and contain an
abstract of such resolution, describing in general terms, the districts
so consolidated, and shall specify the basis for the future assessment
of all costs of operation, maintenance and improvements where
applicable, a description of boundaries of zones of assessment and costs
proposed to be allocated thereto, if any, and that such resolution was
adopted subject to a permissive referendum.
6. Petition. The resolution of the board shall not take effect until
forty-five days after its adoption and shall be subject to permissive
referendum in each district so consolidated in accordance with the
provisions of sections two hundred fifty-six and two hundred fifty-seven
of this article.
7. Consolidation of districts. The consolidation of such districts
shall become effective on the thirty-first day of December next
succeeding, provided, however, that if any such resolution shall be
adopted subsequent to the first day of October in any year, such
consolidation shall become effective on the thirty-first day of December
of the next succeeding calendar year. Unless the resolution adopted by
the board for the consolidation of the districts shall specify
otherwise, all the property of the original districts shall become the
property of the consolidated district, and the consolidated district
shall assume and pay the indebtedness of each of the original districts
as if such indebtedness had been incurred subsequent to the
consolidation.
8. Merger of proceedings. Nothing in this article shall be deemed to
prevent the merger of a proceeding to extend the boundaries of one or
more districts to make them coterminous with the boundaries of another
district and a proceeding to consolidate two or more districts created
for different purposes into a single district where such extension is
undertaken for the purpose of such consolidation.
Consolidation of the district and its extensions. 1.
Determination and notice of public hearing. Whenever the board of
supervisors calls a public hearing on the extension of a district,
pursuant to section two hundred seventy-four of this article, or calls a
public hearing on the consolidation of two or more districts, pursuant
to section two hundred seventy-four-a of this article, then such board
may, in its discretion, include in the order or resolution calling such
public hearing, a determination that all the expenses of the district,
including all extensions heretofore or hereafter established, shall be a
charge against the entire area of the district as extended. Any notice
of public hearing published shall, in addition to all other information
required by sections two hundred seventy-four and two hundred
seventy-four-a of this article, include a statement of the determination
made pursuant to this subdivision.
2. Method of assessment. a. When the board makes the determination set
forth in subdivision one of this section in a proceeding to extend a
district which finances the costs of operation, maintenance and
improvements on a benefit basis, the district shall continue to be
financed on a benefit basis.
b. When the board makes the determination set forth in subdivision one
of this section in a proceeding to extend a district which finances the
costs of operation, maintenance and improvements on an ad valorem basis
with or without zones of assessment, the district shall remain on an ad
valorem basis.
c. When the board makes the determination set forth in subdivision one
of this section in a proceeding to consolidate districts, the
consolidated district shall be assessed as provided in section two
hundred seventy-four-a of this article.
3. Determinations after hearing. After the public hearing, in addition
to those determinations required by section two hundred seventy-four or
two hundred seventy-four-a of this article, the board shall determine
whether it is in the public interest to assess all expenses of the
district, including all extensions heretofore or hereafter established,
as a charge against the entire area of the district as extended.
4. Permissive referendum. Any resolution which, in addition to making
the determinations required by section two hundred seventy-four or two
hundred seventy-four-a of this article, determines that all expenses of
a district, including all extensions thereto, heretofore or hereafter
established, shall be assessed as a charge against the entire area of
the district as extended shall, notwithstanding any other provision of
this chapter, be subject to permissive referendum as follows:
a. In a proceeding to extend a district pursuant to this article,
notice of adoption, petition and referendum shall be as provided in
section two hundred seventy-four of this article, except that the
notices and ballot shall include the further determination made pursuant
to this section.
b. In a proceeding to consolidate districts pursuant to section two
hundred seventy-four-a of this article, the notice of adoption, petition
and referendum shall be as provided in such section, except that the
notices and ballot shall include the further determination made pursuant
to this section.
5. Effect. a. In a proceeding to extend a district pursuant to section
two hundred seventy-four of this article, the extension shall, subject
to the provisions of subdivision four of this section, be deemed
established as provided in such section two hundred seventy-four, and
the consolidated assessment roll shall be prepared for the next year in
which assessments are levied against the extended district.
b. In a proceeding to consolidate districts pursuant to section two
hundred seventy-four-a of this article, the determinations made pursuant
to this section shall take effect at the same time provided for the
consolidation in such section.
Sale of water district facilities. 1. The board of supervisors
may sell all or any part of the water supply and distribution system of
a county water district to a water authority or to a joint water works
system established pursuant to article five-B of the general municipal
law, provided, however, that the sale shall have been approved by a
majority vote of the qualified electors of the district voting thereon.
Such referendum shall be held in the manner prescribed in section one
hundred and one hundred two of this chapter, except, however, that only
those electors shall be qualified to vote who are residents of the
district and owners of property in the district assessed upon the last
completed town or city assessment roll, as the case may be.
2. The proceeds of the sale of a part of a water supply and
distribution system shall be deposited in a reserve fund established for
the purpose of retiring outstanding obligations issued on behalf of the
county water district to finance the cost of the facilities sold and
shall be expended only for such purpose, except as provided below. If
the proceeds exceed the sum of all installments of principal of and
interest on such indebtedness due or to become due, or if, when all such
outstanding obligations shall have been retired, any moneys remain
unexpended in the reserve fund, such excess moneys may be used for any
purpose properly chargeable against the entire district.
3. If it is proposed that all of the property and facilities of the
district be sold, the proposition submitted to referendum shall provide,
as a part thereof, for dissolution of the district as well as for sale
of such property and facilities. If the proposition for sale and
dissolution is approved, the moneys received from such sale must be set
aside in a reserve fund and used to amortize outstanding obligations, as
provided in subdivision two of this section. Any excess over and above
the amount necessary to be set aside in a reserve fund and used to
retire indebtedness, as aforesaid, together with any other moneys of the
district, shall be disposed of to the credit of real property within the
district by any equitable method described in the proposition submitted
to referendum.
4. If no provision for distribution of such excess is made in the
proposition, the excess proceeds shall first be apportioned to each town
and city upon the basis of the true equalized value of real estate
within the district computed in the manner prescribed in section eight
hundred four of the real property tax law. The amount thus apportioned
to a town or a city shall be further apportioned on the basis of
assessed valuation among the several parcels of land situated in the
district, as shown on the last completed assessment roll of the town or
city. The amounts so determined shall be credited to each such parcel of
land in reduction of county and town taxes or county and city taxes, as
the case may be, on so many successive tax rolls as may be necessary to
exhaust such amounts. When a tax is required to be levied by the city,
the county treasurer, or comparable officer or body, shall certify to
the proper city officer the amount available for credit against such
tax. The aggregate amount credited in any year in reduction of town or
city taxes shall be paid over to the proper town or city officer from
the available excess moneys.
5. If there be any real property in the district which is wholly
exempt from general taxation, but which, while exempt from general
taxation, paid, as an assessment for benefit, a proportionate share of
the cost of the improvement, the amount apportioned to such real
property shall be refunded to the owner or owners thereof as shown on
the last completed assessment roll at the time of the distribution.
Jurisdiction of other state agencies. Nothing contained in this
article shall be held to alter or abridge the powers and duties of the
state department of health, the water pollution control board, or any
other state department or agency over district matters.
Establishment of certain county sewer districts in Suffolk
county. 1. For the purposes of this section the following terms are
defined as follows:
a. County shall mean the county of Suffolk or the county of Erie.
b. County legislature shall mean the county legislature of the county
of Suffolk or of the county of Erie.
c. Governing board shall mean the town board of a town or the board of
trustees of a village, as the case may be, located in the county of
Suffolk or in the county of Erie.
d. Sewer system shall include collection facilities, treatment or
disposal plants, buildings, land and rights in land, furnishings,
equipment, machinery and apparatus, appurtenant facilities, all moneys
on hand collected or received for the purposes of such sewer system, and
all other items of property, either real or personal or mixed, acquired
for or incidental to such sewer system.
e. Town sewer district shall mean a sewer district governed by the
provisions of articles twelve or twelve-A of the town law or a benefited
area established to provide a sewer improvement pursuant to articles
three-A or twelve-C of such law.
f. Village sewer district shall mean a sewer district governed by the
provisions of article fourteen and section 17-1718 of the village law.
g. County treasurer shall mean, in the case of Erie County, the county
comptroller of Erie county.
h. Town wastewater disposal district shall mean a wastewater district
governed by the provisions of article twelve or twelve-a of the town law
or a benefited area established to provide a wastewater disposal
improvement pursuant to article three-a or twelve-c of such law.
i. Village wastewater disposal district shall mean a wastewater
disposal district governed by section 17-1719 of the village law.
j. Village sewerage system shall mean a sewerage system governed by
the provisions of article fourteen of the village law.
2. Upon petition as hereinafter provided the county legislature may
establish a county sewer district in the manner hereinafter provided
having boundaries coterminous with any existing town sewer district,
village or village sewer district for the purpose of acquiring,
operating and maintaining the sewer system thereof.
2-a. Upon petition, as hereinafter provided, the county legislature
may establish a county wastewater disposal district in the manner
hereinafter provided having boundaries coterminous with any existing
town wastewater disposal district, village sewerage system or village
wastewater disposal district for the purpose of acquiring, operating and
maintaining the district or system thereof.
3. A petition for the establishment of a county sewer district or
wastewater disposal district pursuant to this section shall be executed
and acknowledged by the supervisor of the town or mayor of the village,
as the case may be, upon authorization by the governing board after a
public hearing. Such public hearing shall be called by resolution
adopted by such governing body, which shall direct that notice thereof
be published and posted not less than ten days prior to the date set for
such hearing; provided, however, that in the case of a town sewer
district or wastewater disposal district having a separate board of
commissioners pursuant to article thirteen of the town law, no
resolution calling a public hearing shall be adopted unless approved in
writing by a majority of the commissioners of such district. Such notice
shall be given, in the case of towns, in the manner prescribed in
section one hundred ninety-three of the town law, and in the case of
villages, in the manner prescribed in the section of the election law
entitled general village election. Such notice shall state in general
terms that it is proposed to petition the county legislature to
establish a county sewer district for the purpose of acquiring and
thereafter operating and maintaining the sewer system in question, or
that it is proposed to petition the county legislature to establish a
county wastewater disposal district for the purpose of acquiring and
thereafter operating and maintaining the disposal district of the
sewerage system in question, and shall set forth the time when and place
where such hearing shall be held.
4. If the governing board shall decide, after such public hearing and
upon the evidence given thereat, that it is in the public interest to
petition the county legislature pursuant to this section, it shall adopt
a resolution directing the supervisor or mayor, as the case may be, to
execute such petition and file the same with the clerk of the county
legislature. Such petition shall generally identify the particular sewer
system, sewerage system, or wastewater disposal district proposed to be
transferred and shall accurately describe the boundaries thereof in a
manner sufficient to permit definite and conclusive identification of
all parcels of property included therein.
5. Upon presentation of such petition the county legislature shall
refer the same to the county sewer agency for a report with respect
thereto. Such report shall contain the recommendations of such agency
and such other data and information as shall have been requested by the
county legislature or as may be determined by such agency to be
appropriate under the circumstances. Upon receipt of such report the
county legislature may call a public hearing upon a proposal to
establish a county sewer district or county wastewater disposal district
in accordance with such petition. Notice of such public hearing shall be
given in the manner and within the time prescribed in section two
hundred fifty-four of this chapter. In addition, a copy of such notice
shall be served upon or mailed to the clerk of the town or village which
presented such petition not less than ten days prior to the day set
therein for such hearing. Such notice shall contain a general
description of the sewer system, sewerage system or wastewater disposal
system proposed to be transferred, a description of the area to be
included within the proposed county sewer district or wastewater
disposal district, whether assessments for district purposes will be
levied pursuant to section two hundred seventy or two hundred
seventy-one of this chapter, a statement that such proposed district
will assume the payment of all outstanding obligations, contracts and
other indebtedness incurred for the purposes of or in relation to the
sewer system, sewerage system or wastewater disposal district proposed
to be transferred, and shall specify the time when and place where the
county legislature will meet to consider the matter and to hear all
parties interested therein concerning the same.
6. If, based upon the evidence presented at such public hearing and
after due consideration of the petition, report of the county sewer
agency and other data filed with it, the county legislature shall
determine that it is in the public interest to establish the proposed
district, it shall adopt an order establishing the district in
accordance with the provisions of subdivision seven of this section. If
the county legislature shall determine that it is not in the public
interest to establish such district, it shall adopt a resolution so
stating and terminating the proceedings with respect thereto.
Notwithstanding the provisions of sections two hundred fifty-six and two
hundred fifty-eight of this chapter, no resolution or order adopted
pursuant to this section shall be subject to permissive referendum, nor
shall the permission of the state comptroller be required to establish a
district pursuant hereto. In all other respects, to the extent not
inconsistent herewith, the provisions of this chapter applicable to a
district established by an order adopted pursuant to section two hundred
fifty-eight of this chapter shall apply to a district established by an
order adopted pursuant to this section, including, without limiting the
generality of the foregoing, sections two hundred fifty-nine and two
hundred sixty of this chapter.
7. An order adopted pursuant to subdivision six of this section
establishing a county district, shall include the following:
a. an accurate description of the boundaries of such district in a
manner sufficient to permit definite and conclusive identification of
all parcels of property included therein, provided, however, if such
district is coterminous with a village it shall be a sufficient
compliance with this paragraph to so state without describing the
boundaries of such village;
b. a general description of the sewer system, sewerage system or
wastewater disposal district to be transferred to such district in
accordance with the petition for the establishment of such district;
c. a determination as to whether assessments for district purposes
will be levied pursuant to section two hundred seventy or two hundred
seventy-one of this chapter in accordance with the notice of the public
hearing held pursuant to subdivision five of this section;
d. a determination as to the effective date for the transfer of the
property described in accordance with paragraph b of this subdivision,
having due regard to the fiscal year of the county and the town or
village concerned and the availability of funds for the operation and
maintenance of the sewer system, sewerage system or wastewater disposal
district by the county district;
e. a determination assuming responsibility for the payment of all
obligations, contracts and other indebtedness of the town or village, as
the case may be, incurred for the purposes of or in relation to the
sewer system, sewerage system or wastewater disposal district to be
transferred which shall be outstanding as of the effective date of such
transfer, the exact amount and details thereof to be subject to future
determination by agreement in such manner as may be provided therein;
and
f. such other terms, conditions and provisions with respect to the
establishment of such district and such transfer, not inconsistent with
the provisions of this section, as the county legislature may determine
to be necessary or desirable under the circumstances.
8. The clerk of the county legislature, within ten days after the
adoption thereof, shall file a certified copy of such order with the
clerk of the town or village concerned, who shall present the same to
the governing board at the next meeting thereof. Such governing board
shall thereupon adopt such resolutions and take such other action as
shall be necessary to effectuate a transfer to the county district of
the sewer system, sewerage system or wastewater disposal district in
accordance with the provisions of this section and such order. In
addition, in the case of a town or a village sewer district or
wastewater disposal district, the governing board shall adopt an order
dissolving such district effective as of the date of such transfer, a
certified copy of which shall be recorded in the office of the county
clerk.
9. All assessments levied by, or fees, rates, rents or other charges
due or moneys owing to any town or village with respect to any sewer
system, sewerage system or wastewater disposal district and remaining
unpaid as of the effective date of the transfer thereof to a county
district pursuant to this section shall be collected by the town or
village concerned in the same manner as if such transfer had not been
made, and upon receipt shall be paid over to the county treasurer to be
applied for the purposes of such county district.
10. a. The principal of and interest on all outstanding bonds and
notes of a town or village issued to pay all or part of the cost of any
sewer system, sewerage system or wastewater disposal district
transferred to a county district pursuant to this section shall continue
to be paid when due by such town or village from moneys provided for
such purpose by the county from county district funds raised or
appropriated therefor. The county treasurer shall from time to time pay
such moneys to the fiscal officer of such town or village sufficiently
in advance to permit the payment of all such principal and interest when
due. All other obligations and contract liabilities of a town or village
assumed by the county district shall be paid directly from funds of such
district in the same manner as other district claims.
b. Where serial bonds have been authorized by a town or village
pursuant to the local finance law to pay all or a part of the cost of
the acquisition, construction or reconstruction of or addition to a
sewer system, sewerage system or wastewater disposal district or the
replacement of equipment, machinery, apparatus or furnishings therefor,
and in anticipation of the issuance of such bonds such town or village
has issued a bond anticipation note or notes or has otherwise contracted
indebtedness to be paid from the proceeds of such bonds, and prior to
the issuance of such bonds and the payment of such note or notes or
other indebtedness, such sewer system, sewerage system or wastewater
disposal district has been transferred to a county district pursuant to
this section, the county may issue its serial bonds for the object or
purpose of funding such note or notes or other indebtedness. It is
hereby determined that the period of probable usefulness of the object
or purpose for which such bonds may be issued by such county pursuant to
this subdivision is the same as the period of probable usefulness
specified in subdivision eleven of paragraph a of section 11.00 of the
local finance law for the object or purpose for which the serial bonds
were authorized by such town or village prior to such transfer. Such
period shall be that which was in effect at the time of such transfer
unless such period has been subsequently shortened, in which event the
shorter period in effect at the time of the issuance of the bonds by the
county shall apply. For the purposes of paragraphs b, b-1 and c of
section 21.00 of the local finance law, the date of the earliest bond
anticipation note issued by such town or village shall be considered as
the date of the earliest bond anticipation note issued in anticipation
of the bonds issued by the county. Except as herein provided, such bonds
shall be authorized and issued by the county in accordance with the
provisions of the local finance law applicable to the issuance of serial
bonds by the county.
11. The county legislature is hereby authorized to adopt all such
further resolutions and to take or direct all such additional acts and
proceedings as may be necessary or desirable to effectuate the purposes
and intent of this section.
12. Any county sewer district established pursuant to the provisions
of former section two hundred seventy-seven of this chapter, as added by
chapter one thousand one hundred ten of the laws of nineteen hundred
sixty-nine, shall continue in existence and shall be subject to all of
the provisions of this chapter to the same extent as if established
pursuant to the provisions of this section.
Conveyance or lease to the county of Westchester by a city,
town or village in the county's New Rochelle sanitary sewer district of
sewer system property and the establishment of certain county sewer
districts, extensions or special transitional zones of assessment in the
county of Westchester. 1. As used in this section, the following terms
shall have the following meanings:
a. "Charter" shall mean the charter and administrative code of the
county of Westchester.
b. "City, town or village" shall mean the city of New Rochelle, town
of Mamaroneck or villages of Larchmont or Pelham Manor in the county of
Westchester.
c. "Commissioner of finance" shall mean the commissioner of finance of
the county of Westchester.
d. "Commissioner of environmental facilities" shall mean the
commissioner of environmental facilities of the county of Westchester.
e. "County" shall mean the county of Westchester, including when
acting on behalf of a county sewer district.
f. "County legislature" shall mean the county legislature of the
county of Westchester.
g. "Governing board of a city, town or village in the county of
Westchester" shall mean the finance board as such term is defined in
section 2.00 of the local finance law.
h. "Sewer system" shall include sewage collection or conveyance
facilities, treatment or disposal plants, buildings, land and rights in
land, furnishings, equipment, machinery and apparatus, appurtenant
facilities, all moneys on hand collected or received for the purposes of
such sewer system, and all other items of property, either real or
personal or mixed, acquired for or incidental to such sewer system,
provided that no such property shall be located outside the boundaries
of the county's New Rochelle sanitary sewer district.
i. "Sewer system consolidation agreement" shall mean an agreement
between the county and a city, town or village whereby such city, town
or village shall convey or lease sewer system property to the county for
operation, maintenance or improvement by the county described in
subdivision two of this section.
j. "Special transitional zone of assessment" shall mean a zone of
assessment within the county's New Rochelle sanitary sewer district
established to allocate all or a portion of the costs of facilitating a
conveyance or lease of sewer system property by a city, town or village
to the county and a transfer of responsibilities for the operation,
maintenance and improvement thereof to the county sewer district. A
special transitional zone of assessment may overlap all or portions of
any zone of assessment established in the county's New Rochelle sanitary
sewer district to allocate the costs of the operation, maintenance and
improvement of the county's trunk sewers and wastewater treatment plants
and related facilities.
k. "Town sewer district" shall mean a sewer district governed by the
provisions of articles twelve or twelve-A of the town law or a benefited
area established to provide a sewer improvement pursuant to articles
three-A or twelve-C of such law.
l. "Village sewer district" shall mean a sewer district governed by
the provisions of article fourteen and section 17-1718 of the village
law.
2. Notwithstanding the provisions of any general, special or local
law, the county and a city, town or village may enter into, and take the
actions necessary to implement, sewer system consolidation agreements
under this section to facilitate the conveyance or lease to the county
of sewer system property and the transfer to the county of the
responsibilities of operation, maintenance and improvement of sewer
system property. Sewer system consolidation agreements shall include the
following provisions:
a. an identification of the sewer system property of the city, town or
village to be conveyed or leased to the county, the consideration, if
any, for such conveyance or lease and the conditions, if any, under
which the conveyance or lease could be reversed or canceled;
b. a description of any improvements of such property to be made by
the county, the estimated cost thereof and the plan for financing such
improvements;
c. determinations of whether the county shall undertake to establish
special transitional zones of assessment under terms and conditions as
may be agreed upon, and shall include a description and estimate of the
costs to be allocated to the special transitional zone of assessment and
a description of whether the costs allocated thereto shall be levied in
the same manner as other county charges or in the manner described in
section two hundred seventy or section two hundred seventy-one of this
article, and if pursuant to section two hundred seventy-one, whether and
under what circumstances such manner of levy is expected to be changed;
d. determinations of whether the county shall make a payment or
payments to the city, town or village in respect of city, town or
village debt service on indebtedness issued to finance sewer system
properties or whether the county may finance the cost of acquisition of
sewer system properties from cities, towns or villages through the
issuance of bonds or notes in accordance with the local finance law, and
in either case whether the city, town or village shall establish funds
to receive all or a portion of the proceeds thereof, as may be necessary
or convenient to facilitate such payments or as may be required by
section six-l of the general municipal law, and whether the city, town
or village shall call outstanding bonds for redemption at such times and
under such conditions as may be agreed to;
e. determinations of whether and to what extent the county and the
city, town or village shall indemnify each other for liabilities for
work performed or existing conditions;
f. determinations of whether employees of the city, town or village
shall be transferred to the county and become county employees under
such terms and conditions as such employees and the parties may agree,
subject to the rights and privileges of such employees under labor
agreements and applicable law, and whether employees of cities, towns
and villages not so transferred to the county may continue to be
employed by such cities, towns and villages to provide services to the
county sewer district under such terms as may be agreed upon;
g. estimates of capital cost of the sewer system property conveyed or
leased, which may include planning, design, acquisition and construction
costs of such property and improvements thereto, the costs of
preparation of reports described in subdivision three of this section
and the sewer system consolidation agreement, and any other expenses
incurred in furtherance of the making of the sewer system consolidation
agreement, and the amounts of the capital cost to be charged against
properties in a special transitional zone of assessment, to be paid by
the county through a county sewer district or to be paid by the city,
town or village;
h. estimates of the operating expenses of the property conveyed or
leased under the sewer system consolidation agreement, and a statement
of the portions of the operating expenses to be annually charged against
properties in a special transitional zone of assessment, to be paid by
the county through a county sewer district or to be paid by the city,
town or village;
i. terms describing the actions necessary to amend the sewer system
consolidation agreement; and
j. terms describing the conditions under which the sewer system
consolidation agreement may be extended.
3. A city, town or village may prepare and furnish to the county a
report containing a map and a general description of the sewer system
property which is proposed to be leased or conveyed and a description of
its current condition. The report shall include the terms of any
outstanding indebtedness issued to finance acquisition or improvement of
such sewer system property and such additional information relevant to
the assessment of the costs of operation, maintenance and improvement of
such sewer system property as the county may request. Upon presentation
of such report the county legislature may refer the same to the
commissioner of environmental facilities for a plan and report with
respect thereto. If the county legislature refers the report to the
commissioner of environmental facilities, said commissioner shall
thereupon prepare and furnish to the county legislature a plan and
report describing capital improvements, if any, to such sewer system
property which the commissioner of environmental facilities recommends
be undertaken following its conveyance or lease to the county. This plan
and report shall include the estimated costs thereof, together with an
estimate of the operating and maintenance costs of such property. The
plan and report shall also contain such other data and information as
shall have been requested by the county legislature or as may be
determined by the commissioner of environmental facilities to be
appropriate under the circumstances. Upon review of the plan and report,
the county legislature may, if a majority of the county legislature
approves the plan and report, authorize the preparation of a draft sewer
system consolidation agreement and direct that such plan and report be
furnished to the city, town or village. The county and the city, town or
village may then prepare a draft sewer system consolidation agreement.
The draft sewer system consolidation agreement shall be presented to and
approved as to form by the county legislature and the governing body of
the city, town or village prior to the calling of a hearing under
subdivisions seven and five of this section, respectively. Such draft
sewer system consolidation agreement shall not be binding nor shall it
be executed until after a public hearing and authorization by the county
legislature and the governing body of the city, town or village, as
provided for in subdivisions six and eight of this section.
4. In addition to existing authority to establish county sewer
districts or extensions, the county legislature, in furtherance of a
sewer system consolidation agreement, may establish a special
transitional zone of assessment in any county sewer district, and to the
extent such special transitional zone of assessment would fall in whole
or in part outside any county sewer district, may coincidentally
establish a county sewer district encompassing such area or extend an
existing county sewer district to encompass such area, in the manner
hereinafter provided. Each special transitional zone of assessment
shall have boundaries coterminous with the area provided with a sewer
system by any city, town or village, for the purpose of facilitating the
conveyance or lease to the county all or a portion of the property of
cities, towns or villages relating to the collection and conveyance of
sewage to county trunk sewers and the transfer of all or a portion of
the responsibilities for the operation, maintenance and improvement
thereof.
5. Following the approval of a draft sewer system consolidation
agreement, the governing body of the city, town or village shall hold a
public hearing on the draft sewer system consolidation agreement. Such
public hearing shall be called by such governing body, which shall
direct that notice thereof be published and posted not less than
fourteen days prior to the date set for such hearing. Such notice shall
be given, in the case of towns, in the manner prescribed in section one
hundred ninety-three of the town law, and in the case of cities and
villages, in the manner prescribed for general elections. Such notice
shall state in general terms that it is proposed to petition the county
legislature to enter into a sewer system consolidation agreement and, if
contemplated by the sewer system consolidation agreement, to establish
or extend a county sewer district or establish a special transitional
zone of assessment for the purpose of facilitating the conveyance or
lease of property to the county and its operation, maintenance and
improvement of such property, as set forth in the draft sewer system
consolidation agreement. Such notice shall generally identify the
particular sewer system proposed to be conveyed or leased, the proposed
improvements thereto, if any, and the estimated maximum cost thereof,
and shall describe the boundaries of the proposed, district, extension
or special transitional zone of assessment in a manner sufficient to
permit definite and conclusive identification of all parcels of property
included therein. Such notice shall also state where the draft sewer
system consolidation agreement is available for public inspection, and
shall set forth the time when and place where such hearing shall be
held.
6. If the governing board shall decide, after such public hearing and
upon the evidence given thereat, that it is in the public interest to
petition the county legislature to enter into the sewer system
consolidation agreement pursuant to this section, it shall authorize the
chief executive officer as that term is defined in the local finance
law, as the case may be, to:
a. execute such petition and file the same with the clerk of the
county legislature; and
b. execute the sewer system consolidation agreement, if the county
elects to enter into the sewer system consolidation agreement.
Such petition shall generally identify the particular sewer system
proposed to be conveyed or leased and shall describe the boundaries of
the area served thereby in a manner sufficient to permit definite and
conclusive identification of all parcels of property included therein.
7. Upon receipt of such petition and after the approval of the form of
the draft sewer system consolidation agreement, the county legislature
may call a public hearing to enter into the sewer system consolidation
agreement and, if contemplated thereby, to establish a special
transitional zone of assessment or establish or extend a county sewer
district. Notice of such public hearing shall be given not less than
fourteen days prior to the date of the hearing in the manner prescribed
in section two hundred fifty-four of this article. In addition, a copy
of such notice shall be served upon or mailed to the city, town or
village which presented such petition not less than fourteen days prior
to the day set therein for such hearing. Such notice shall contain:
a. a general description of the sewer system property proposed to be
conveyed or leased;
b. a description of the boundaries of any proposed district, extension
or special transitional zone of assessment in a manner sufficient to
permit definite and conclusive identification of all parcels of property
included therein;
c. the estimated maximum amount to be expended for proposed
improvements;
d. a statement of the proposed manner of assessing costs allocable to
the special transitional zone of assessment, indicating whether it is
proposed to levy assessments pursuant to the charter in the same manner
as county charges or as described in section two hundred seventy or
section two hundred seventy-one of this article;
e. a statement of whether and to what extent the county sewer district
will assume the payment of outstanding obligations, contracts and other
indebtedness of the city, town or village for the purposes of or in
relation to the sewer system proposed to be conveyed or leased;
f. shall state where the draft sewer system consolidation agreement is
available for public inspection; and
g. shall specify the time when and place where the county legislature
will meet to consider the matter and to hear all parties interested
therein concerning the same.
8. If, based upon the evidence presented at such public hearing and
after due consideration of the petition, the plan and report of the
commissioner of environmental facilities and other data provided to it,
the county legislature shall determine that it is in the public interest
to enter into the sewer system consolidation agreement, it shall by
majority vote adopt an act authorizing the execution of the sewer system
consolidation agreement. If the county legislature shall determine that
it is not in the public interest to enter into the sewer system
consolidation agreement, it shall adopt an act so stating and
terminating the proceedings with respect thereto. The parties to a sewer
system consolidation agreement may from time to time amend the sewer
system consolidation agreement, provided that, if an amendment would a.
increase the estimated capital cost to be assessed against properties in
a special transitional zone of assessment for the improvements proposed
in the sewer system consolidation agreement; b. increase the share of
operation and maintenance costs to be annually assessed against a
special transitional zone of assessment; or c. eliminate from or add
parcels to a special transitional zone of assessment, the amendment may
be authorized only after public hearings held by each party in the same
manner as the original sewer system consolidation agreement following
determinations by the parties that such amendment is in the public
interest after hearings held as required for the original sewer system
consolidation agreement. Nothing in this section shall modify the
special acts of the legislature and local laws of the county of
Westchester governing county sewer districts and the assessments made
and taxes levied in connection therewith, and the county of Westchester
may continue to operate county sewer districts in conformity therewith,
irrespective of whether the county sewer district has undertaken to own,
operate, maintain or improve sewers which are not trunk sewers pursuant
to this section or otherwise undertakes to provide sewage collection and
conveyance facilities in addition to trunk sewers.
9. As part of the implementation of the sewer system consolidation
agreement, the county may adopt an act to establish a special
transitional zone of assessment or establish or extend a county sewer
district, which act shall include the following:
a. an accurate description of the boundaries of any such district,
extension, or special transitional zone of assessment in a manner
sufficient to permit definite and conclusive identification of all
parcels of property included therein, provided, however, if such
district, extension or special transitional zone of assessment is
coterminous with a city, town or village it shall be a sufficient
compliance with this paragraph to so state without describing the
boundaries of such city, town or village;
b. a general description of the sewer system property to be conveyed
or leased to the county in accordance with the sewer system
consolidation agreement;
c. a determination as to whether assessments for district purposes
will be levied pursuant to the charter in the same manner as county
charges or as described in section two hundred seventy or section two
hundred seventy-one of this article in accordance with the notice of the
public hearing held pursuant to subdivision seven of this section;
d. a determination as to the effective date or dates for the
conveyance or lease of the property described in accordance with
paragraph b of this subdivision, having due regard to the fiscal year of
the county and the city, town or village concerned and the availability
of funds for the operation, maintenance and improvement of the sewer
system by the county;
e. a determination assuming responsibility for the payment of all or
the agreed portion of all obligations, contracts and other indebtedness
of the city, town or village, as the case may be, incurred for the
purposes of or in relation to the sewer system property to be conveyed
or leased which shall be outstanding as of the effective date of such
conveyance or lease, the exact amount and details thereof to be subject
to future determination by agreement in such manner as may be provided
therein; and
f. such other terms, conditions and provisions with respect to the
establishment of such district and such conveyance or lease, not
inconsistent with the provisions of this section, as the county
legislature may determine to be necessary or desirable under the
circumstances.
10. The clerk of the county legislature, within ten days after the
adoption thereof, shall file a certified copy of such act with the clerk
of the city, town or village concerned, who shall present the same to
the governing board at the next meeting thereof. Such governing board
shall thereupon proceed to adopt such resolutions or ordinances and take
such other action as shall be necessary or convenient to effectuate a
conveyance or lease of sewer system property to the county in accordance
with the provisions of this section and such act. In addition, in the
case of a town or a village sewer district, and if so provided in an
agreement with the county, the governing board may adopt an order
dissolving such district effective as of the date of such conveyance or
lease, a certified copy of which shall be recorded in the office of the
county clerk, or, if such district is not to be dissolved, the governing
board may adopt an order describing the remaining functions and
responsibilities of the district.
11. All or an agreed upon portion of assessments levied by, or fees,
rates, rents or other charges due or moneys owing to a city, town or
village with respect to any sewer system and remaining unpaid as of the
effective date of the conveyance or lease thereof to a county district
pursuant to this section shall be collected by the city, town or village
concerned in the same manner as if such conveyance or lease had not been
made, and upon receipt shall be paid over to the county commissioner of
finance to be applied for the purposes of such county sewer district.
12. a. The principal of and interest on all outstanding bonds and
notes of a city, town or village issued to pay all or part of the cost
of any sewer system conveyed or leased to a county district pursuant to
this section shall continue to be paid when due by such city, town or
village, and, if a sewer system consolidation agreement with the county
so provides, from moneys provided for such purpose by the county from
county district funds raised or appropriated therefor. If the county has
agreed to make such payments, the county commissioner of finance shall
from time to time pay such moneys to the fiscal officer of such city,
town or village sufficiently in advance to permit the payment of all or
the agreed upon portion of such principal and interest when due. All
other obligations and contract liabilities of a city, town or village
assumed by the county in a sewer system consolidation agreement shall be
paid directly from funds of the county in the same manner as other
county sewer district claims.
b. If bonds have been authorized by a city, town or village pursuant
to the local finance law to pay all or a part of the cost of the
acquisition, construction or reconstruction of or addition to a sewer
system or the replacement of equipment, machinery, apparatus or
furnishings therefor, and in anticipation of the issuance of such bonds
such city, town or village has issued a bond anticipation note or notes
or has otherwise contracted indebtedness to be paid from the proceeds of
such bonds, and prior to the issuance of such bonds and the payment of
such note or notes or other indebtedness, such sewer system has been
conveyed or leased to the county pursuant to this section, the county
may issue its bonds for the object or purpose of paying such note or
notes or other indebtedness. The period of probable usefulness of the
object or purpose for which such bonds may be issued by the county
pursuant to this subdivision shall be the same as the period of probable
usefulness specified in paragraph a of section 11.00 of the local
finance law for the object or purpose for which the bonds were
authorized by such city, town or village prior to such transfer. Such
period shall be that which was in effect at the time of such transfer
unless such period has been subsequently shortened, in which event the
shorter period in effect at the time of the issuance of the bonds by the
county shall apply. For the purposes of paragraphs b, b-1 and c of
section 21.00 of the local finance law, the date of the earliest bond
anticipation note issued by such city, town or village shall be
considered as the date of the earliest bond anticipation note issued in
anticipation of the bonds issued by the county for the object or
purpose. Except as herein provided, such bonds shall be authorized and
issued by the county in accordance with the provisions of the local
finance law.
c. If, at the time of such transfer, the city, town or village has
outstanding bonds issued to finance the conveyed or leased sewer system
property, the county may issue refunding bonds under and subject to the
provisions of section 90.10 of the local finance law or section 90.00 of
the local finance law, except, if the bonds to be refunded are refunding
bonds, for paragraph I thereof, to pay the principal, interest and
redemption premium of the bonds of the city, town or village of the
bonds to be refunded, with savings to the county calculated as if the
principal, interest and redemption premium on the bonds to be refunded
were to be considered bonds of the county.
13. The county legislature, and each city, town and village, are
hereby authorized to adopt all such further acts and to take or direct
all such additional proceedings as may be necessary or desirable to
effectuate the purposes and intent of this section.
14. The county, cities, towns and villages may expend capital funds to
conduct evaluations, surveys and analysis of county sewer facilities and
the sewer facilities of cities, towns and villages in the county which
may be useful in identifying whether or not the conveyance or lease of
particular city, town or village sewer facilities to the county would be
in the public interest and in planning, structuring and negotiating a
conveyance or lease of city, town or village facilities to the county,
and the county may elect to reimburse such costs incurred by cities,
towns or villages and to allocate the costs thereof. All of such costs
not paid from current funds may be financed by the county as part of the
cost of the acquisition of facilities by the county, irrespective of
whether any such acquisition is subsequently completed.
15. The provisions of section one hundred nineteen-o of the general
municipal law shall apply to sewer system consolidation agreements made
under this section, except that, irrespective of the term limits set
forth in section one hundred nineteen-o of the general municipal law,
such agreements may have terms which extend for up to fifty years and
which may be renewed periodically as provided therein for a term not
exceeding fifty years. The expiration of any such agreements shall not
affect actions completed under such agreements, including the conveyance
or lease of property or any change in the status of employees
transferred to the county pursuant thereto. This section does not
replace or diminish the authority of the county and cities, towns and
villages in the county to make agreements under section one hundred
nineteen-o of the general municipal law in addition to the sewer system
consolidation agreements authorized by this section.
Definitions. For purposes of this article the following
definitions shall apply:
1. the term "board of supervisors" shall be deemed to mean "county
legislature" in those counties having county legislatures;
2. the term "typical property" shall mean a benefited property having
an assessed value that approximates the assessed value of the mode of
the benefited properties situated in the district or extension that will
be required to finance the cost of the proposed improvements;
3. the term "typical one or two family home" shall mean a benefited
property improved by a one or two family dwelling and having an assessed
value that approximates the assessed value of the mode of the benefited
properties improved by one or two family dwellings situated in the
district or extension that will be required to finance the cost of the
proposed improvement;
4. the terms "cost of the district or extension to the typical
property" and "cost of the district or extension to the typical one or
two family home" shall mean the amount that it is estimated that the
owner of such a typical property or home within the district or
extension will be required to pay for debt service, operation and
maintenance and other charges, such as user charges, related to the
improvements in the first year following formation of the district or
extension or, if greater, in the first year in which both principal and
interest on any indebtedness and operation and maintenance costs will be
paid;
5. the term "mode" shall mean, in connection with assessed value of
property, the most frequently occurring assessed value as shown on the
latest completed final assessment roll.
Operation of certain collection and disposal facilities in
Suffolk county. In the county of Suffolk, the county department of
environmental conservation may contract with non-county sewer or
wastewater disposal districts, private or public corporations,
municipalities, government agencies, and individuals to operate and
maintain their sewage collection and disposal facilities including those
for scavenger waste on such terms and conditions as the county
legislature shall approve.
Acquisition of real property for future districts in Suffolk
county. 1. In the county of Suffolk, upon the adoption of a resolution,
the county legislature may acquire, in the name of the county, any real
property or rights therein for use by a future district or districts, or
extensions thereof in such county.
2. Any such acquisition of real property or rights therein as herein
authorized shall be for the purposes of one or more future districts or
extensions thereof which may be established and after the establishment
thereof, such real property shall be utilized for such purposes. In the
event, however, such district, districts or extensions are not created
or the property becomes unsuitable or undesirable for such district
purposes, the property may be used for other county purposes, if
practicable to do so, but if not, the property may be sold and disposed
of in the same manner as other county property no longer needed for
county purposes.
3. The initial expense, if any, of any acquisition authorized pursuant
to this section shall be a general county charge and shall be assessed,
levied and collected in the same manaer and at the same time as other
county charges, provided, however, nothing herein contained shall be
construed to prevent financing acquisition, in whole or in part,
pursuant to the local finance law.
4. When the county authorizes the use of any property or rights
therein acquired pursuant to this section and conveys the same to any
district, districts or extensions thereof thereafter established, the
expense, if any, of such acquisition or a proportionate share of such
expense and the cost of maintenance, if any, shall be allocated to the
district or extension thereof by the county legislature upon the
establishment of such district or extension. Such allocated amount,
together with the expense, if any, of the construction of the original
improvement for such district or extension, shall be included as a part
of the original improvement and maximum amount authorized for and to be
spent by such district or extension. Upon conveyance to the district,
the district shall repay to the county the aforesaid allocated amount.
Agreements of county district; certain cases. 1.
Notwithstanding the provisions of any other law, a county district in
the county of Suffolk, acting through its administrative head, is hereby
authorized and empowered, from time to time, to enter into or amend,
supplement, modify, change or extend agreements, including but not
limited to, contracts, leases, rental or management agreements with, or
grant licenses, permits, concessions or any other authorizations to any
private corporation, partnership or individual, upon such terms and
conditions and for such consideration and for such term or duration not
to exceed twenty-five years, as may be agreed upon by said
administrative head, with the approval of the county legislature of the
county wherein such private entity is granted the right to construct,
operate, maintain, use, manage, occupy, lease, own, or any of them, all
or part of certain facilities it or the district owns or will own and to
carry on activities or furnish services, in whole or in part relative to
the manner of sewerage and wastewater treatment and collection for the
district on sites approved by the district which may either be owned by
the district, county or privately.
2. A private entity which is a party to such agreement may be granted
the rights hereinbefore referred to for any purpose or purposes which
shall, by utilization of such sewerage and wastewater treatment and
collection facilities, benefit the people of the county district or
provide for the improvement of their health and welfare or aid and
assist in the financing of the construction, operation or maintenance of
such facilities.
3. The by-products, if any, generated by the facility may be sold,
utilized or otherwise disposed of by the private entity pursuant to the
agreement, upon such terms and conditions and for such consideration as
may be agreed upon by the parties thereto.
4. Nothing contained in the provisions of this section shall exempt
the district from any applicable provision of law relating to the
requirements for public bidding.
Certain agreements of a county sewer district in Orange
county. 1. Notwithstanding the provisions of any other law, a county
sewer district in Orange county, acting through its administrative head,
is hereby authorized and empowered, from time to time, to issue requests
for proposals, and subsequently to enter into agreements based upon such
requests for proposals, or to amend, supplement, modify, change or
extend such agreements, including but not limited to, contracts, leases,
rental or management agreements with, or grant licenses, permits,
concessions or any other authorizations to, any private corporation,
partnership or individual, upon such terms and conditions and for such
consideration and for such term or duration not to exceed twenty-five
years, as may be agreed upon by said administrative head, with the
approval of the county legislature, wherein such private entity is
granted the right to design, construct, finance, operate, maintain, use,
manage, occupy, lease, own, or any of them, all or part of certain
facilities it or the district owns or will own and to carry on
activities or furnish services, in whole or in part relative to the
manner of sewerage and wastewater treatment and collection for the
district on sites approved by the district which may either be owned by
the district, the county, or privately. The district, only after
conducting a cost/benefit review analyzing the efficacy of such an
arrangement, may enter into such agreements with a private entity based
upon a determination by the district that the selected proposal is the
most responsive to the district's request for proposals and is in the
best interest of the district, with the overall cost of the proposal
being a major criterion in the selection. The district may negotiate
with any proposer. This section shall not be construed to alter or
diminish a district's obligation to provide wastewater services, to
comply with all applicable environmental laws and regulations, and to
administer the district's services, including the assessment, levying,
and collection of the expenses of the district. Such facilities,
including their influent, effluent, waste, and by-products, shall be
regulated and permitted as if such facilities were fully owned and
operated by a municipality.
2. A private entity which is a party to such agreement may be granted
the rights hereinbefore referred to for any purpose or purposes which
shall, by utilization of such sewerage and wastewater treatment and
collection facilities, benefit the people of the district or provide for
the improvement of their health and welfare or aid and undertake or
assist in the financing of the design, construction, operation or
maintenance of such facilities. The district shall not sell to any such
private entity any existing wastewater treatment facility of the
district.
3. The by-products, if any, generated by the facility may be sold,
utilized or otherwise disposed of by the private entity pursuant to the
agreement, upon such terms and conditions and for such consideration as
may be agreed upon by the parties thereto.
4. Every agreement entered into between the district and a private
entity, pursuant to subdivision one of this section, for the
construction of a wastewater treatment facility, shall require the
payment of all applicable prevailing wages pursuant to section two
hundred twenty of the labor law, shall require the furnishing to the
district of a performance bond in the full amount of the cost of such
construction, shall require that each contractor and subcontractor
performing work on such construction furnish a payment bond in the full
amount of its contract guaranteeing prompt payment of monies that are
due to all persons furnishing labor and materials to such contractor or
subcontractor, and shall contain provisions that such construction, if
in excess of twenty thousand dollars, shall be conducted pursuant to
section one hundred one of the general municipal law. A copy of the
above mentioned payment and performance bonds shall be kept by the
district and shall be open to public inspection.
5. It shall be a mandatory term of any agreement entered into between
the district and a private entity, pursuant to subdivision one of this
section, that any employee of Orange county or the district, then
performing operation or maintenance work at an existing district
wastewater treatment facility at the time of such agreement, must be
offered employment by any private entity assuming operation or
maintenance responsibilities at such facility at no less than the wage
then being earned by such employee and with equivalent benefits. If any
such employee chooses not to accept such offer of employment, such
employee shall remain a county or district employee subject to the same
terms and conditions of employment as if the operation or maintenance
responsibilities had not been assumed by such private entity.
Water districts in the county of Westchester. 1.
Notwithstanding the provisions of any other law to the contrary, county
Water District number two in the county of Westchester, acting through
its administrative head, is hereby authorized and empowered, from time
to time, to enter into or amend, supplement, modify, change or extend
agreements, including but not limited to, contracts, leases, rental or
management agreements with, or grant licenses, permits, concessions or
any other authorizations to the Northern Westchester joint water works
upon such terms and conditions as may be agreed upon by the
administrative head with the approval of the county legislature of the
county for a term not to exceed the remaining life of any outstanding
indebtedness of said district, wherein such entity is granted the right
to construct, operate, maintain, use, manage, occupy, lease, own, or any
of them, all or part of certain facilities it or the district owns or
will own and to carry on activities or furnish services, in whole or in
part relative to the manner of water provision, treatment or
distribution for it or the district in sites approved by it or the
district which may be owned by it or the district.
2. The term "Northern Westchester joint water works" shall mean the
joint water works established by the town of Cortlandt, the town of
Yorktown, and the Montrose improvement district pursuant to chapter 654
of the laws of 1927 and the town of Somers, which will become a member
pursuant to agreement amongst it and the existing members.
3. The county legislature of the county of Westchester is hereby
authorized to reduce or dissolve county Water District number two
following the adoption of a resolution calling a public hearing. The
clerk of the county legislature shall cause a notice of public hearing
to be published at least once in the official newspapers of the county
and in such other newspapers having a general circulation in the
proposed district as the board may direct, the first publications
thereof to be not less than ten nor more than twenty days before the day
set therein for such hearing. The notice of hearing shall specify the
time when and the place where such hearing will be held, as well as a
description or depiction of the boundaries of the district to be
dissolved or a description or depiction of the parcels to be removed.
(a) Removal. The county legislature may remove one or more parcels
from county Water District number two upon its own motion and without
petition, following a public hearing and a factual determination by the
county legislature that such parcels to be removed are not benefited by
inclusion in the district. For parcels which have received water service
through Water District number two, a factual determination by the county
legislature that alternative water service is or shall be provided to
said parcel by a city, one or more towns through districts or
improvement areas, a joint water works, a village, or a combination
thereof shall be a sufficient basis for a finding that a particular
parcel is not benefited by inclusion in county Water District number
two.
Following removal of parcels of county Water District number two, such
parcels shall no longer remain subject to assessment for the payment of
principal and interest on indebtedness previously issued to finance
improvements for the district.
(b) Dissolution. The county legislature may dissolve and discontinue
county Water District number two upon its own motion and without
petition, following a public hearing and a factual determination by the
county legislature that alternative water service is or shall be
provided to said district by a city, one or more towns through districts
or improvement areas, a joint water works, a village, or a combination
thereof. The county legislature shall delay the effective date of
dissolution of county Water District number two until the payment of all
outstanding county indebtedness issued for the benefit of such district
or until the establishment of a reserve fund of the county for such
payment pursuant to section six-l of the general municipal law in an
amount at least equal to the remaining outstanding principal amount of
such indebtedness. Any determination to dissolve county Water District
number two under this section shall be revocable by the county
legislature until the effective date thereof.
Following dissolution of Water District number two, such parcels shall
no longer remain subject to assessment for the payment of principal and
interest on indebtedness previously issued to finance improvements for
the district.
4. Upon dissolution of county Water District number two, the county
legislature may lease, agree to convey and convey all of its right,
title and interest to any water provision, treatment and distribution
facilities owned by or operated for county Water District number two to
the Northern Westchester joint water works. Any such lease shall provide
that the rent shall include an amount sufficient to pay principal and
interest on county indebtedness issued for the benefit of county Water
District number two. Transfer of title pursuant to such conveyance may
occur only following the earlier of payment of all of the indebtedness
of the county issued for the benefit of county Water District number
two, or the establishment of a reserve fund of the county for such
payment pursuant to section six-l of the general municipal law in an
amount at least equal to the remaining outstanding principal amount of
such indebtedness.
5. Any agreement to convey or conveyance shall require the approval of
the county legislature (and the county's compliance with section two
hundred seventy-five of this article), the Northern Westchester joint
water works (and such entity's compliance with section nineteen of
chapter six hundred fifty-four of the laws of nineteen hundred
twenty-seven), and the entities comprising the Northern Westchester
joint water works (in the manner provided in section two hundred two-b
of the town law).
6. On the effective date of the lease or conveyance of all of the
water provision, treatment and distribution facilities owned by or
operated for county Water District number two of the county to the
Northern Westchester joint water works, officers and employees employed
at such facilities shall be identified in an agreement between the
Northern Westchester joint water works and the county and shall become
officers and employees of the Northern Westchester joint water works
with equivalent offices, positions and employment therewith and shall
thereafter be deemed public officers of public employees for all
purposes.
(a) Any person who, at the time he or she becomes an officer or
employee of the Northern Westchester joint water works pursuant to this
section, has a temporary or provisional appointment shall be transferred
subject to the same right of removal, examination or termination as
though such transfer had not been made except to the extent such rights
are modified by a collective bargaining agreement. There shall be no
layoffs of any former officers or employees employed in the water
provision, treatment and distribution facilities owned by or operated
for water district number two of the county who become officers or
employees of the Northern Westchester joint water works pursuant to this
section which are a direct consequence of the enactment of this section.
(b) Northern Westchester joint water works shall be subject to the
civil service law. Northern Westchester joint water works shall
recognize the existing certified or recognized employee organizations
for those persons who become employees of the Northern Westchester joint
water works pursuant to this section as the exclusive collective
bargaining representatives for such employees, who shall comprise
correspondingly new collective bargaining units. Northern Westchester
joint water works shall be bound by all existing collective bargaining
agreements with such employee organizations; all existing terms and
conditions of employment shall remain in effect until altered by the
terms of a successor contract; successor employees to the positions held
by such employees shall, consistent with the provisions of article
fourteen of the civil service law, be included in the same unit as their
predecessors. Employees serving in positions in newly created titles
shall be assigned to the appropriate bargaining unit. Nothing contained
herein shall be construed to affect the rights of employees pursuant to
a collective bargaining agreement, the representational relationships
among employee organizations or the bargaining relationships between the
county, state and an employee organization, or existing law with respect
to an application to the public employment relations board seeking
designation by the board that certain persons are managerial or
confidential. Nothing herein shall preclude the merger of negotiating
units of employees with the consent of the recognized or certified
representative of such units. The salary or compensation of any such
officer or employee after such transfer, shall be paid by Northern
Westchester joint water works. Northern Westchester joint water works
shall, upon transfer, acknowledge and give credit for all leave balances
held by such officers and employees on the date of transfer.
(c) Notwithstanding the provisions of any other state or local law to
the contrary, Northern Westchester joint water works shall indemnify and
hold harmless the county, and provide defense, for all claims, cases,
proceedings, actions or other matters against the county arising out of
the properties, facilities, operations or employees of Northern
Westchester joint water works, commenced after the effective date of the
lease or conveyance of all of the water provision, treatment and
distribution facilities owned by or operated for water district number
two of the county, and to provide such other security for this
obligation as the county may require.
(d) Notwithstanding the provisions of any other state or local law to
the contrary, on the effective date of the lease or conveyance of all of
the water provision, treatment and distribution facilities owned by or
operated for water district number two of the county to the Northern
Westchester joint water works, Northern Westchester joint water works
shall be solely responsible for compliance with all laws, rules and
regulations applicable to operation and maintenance of said facilities,
and shall indemnify and hold harmless the county, and provide defense,
for all claims, cases, proceedings, actions or other matters against the
county arising out of the failure of Northern Westchester joint water
works to so comply.
ARTICLE 5-B County Hurricane Protection, Flood and Shoreline Erosion Control Districts
Declaration of policy and purposes. Whereas beach erosion along
the shoreline of this state and especially along the shoreline in the
county of Suffolk causes loss of life and damage to property and
constitutes a menace to the health, safety and welfare of the people of
this state in general and the residents of Suffolk in particular, it is
the sense of the legislature that in order to arrest erosion and
alleviate or prevent damage resulting therefrom and as protection from
storms, the governing body of the county of Suffolk is hereby authorized
to establish or extend county hurricane protection, flood and shoreline
erosion control districts in the manner hereinafter provided for the
purpose of constructing and reconstructing dunes, bluffs, bulkheads,
dikes, groins, jetties, fills and other works and improvements upon
lands and lands under water owned by such county, or any town, village,
park, or existing hurricane protection, flood and shoreline erosion
control district or private lands upon which the county has obtained
easements or a fee title. No county district shall be established
hereunder which shall consist wholly of territory within one town or
village.
Definitions. Whenever used in this article, the following
terms shall have the respective meanings hereinafter set forth or
indicated:
1. Governing body. The term "governing body" means the elected
legislative body of the county.
2. District. The term "district" means a county hurricane proection,
flood and shoreline erosion control district except where otherwise
stated.
3. Agency. The term "agency" means a county hurricane protection,
flood and shoreline erosion control agency.
4. Administrative head or body. The term "administrative head or body"
means the chief official or board of a county hurricane protection,
flood and shoreline erosion control district.
5. Shoreline. The term "shoreline" means the lands between high and
low water mark, the lands contiguous or adjacent to the high water mark,
beaches, dunes and bluffs.
6. Single purpose flood or shoreline erosion control project. The
term "single purpose flood or shoreline erosion control project" means a
project which benefits only private properties within a district without
substantial benefit to adjacent lands or waters not within such
district.
County agency. The governing body may appoint or establish an
officer, board or body, or may designate an existing officer, board or
body, or public authority which possesses the express power to act as
such an agency, to act as a county hurricane protection, flood and
shoreline erosion control agency (hereinafter referred to in this
article as the "agency") having the powers hereinafter prescribed in
sections two hundred eighty-c, two hundred eighty-d and two hundred
eighty-e, and such other powers and duties as the governing board may
determine necessary to carry into effect the provisions of this article.
Except in the case of a public authority, the agency may also be
designated as the administrative head or body of any county district
which may be established pursuant to the provisions of this article. All
matters relating to the membership of such agency, including, but not
limited to, numbers, method of selection, tenure, qualifications and
compensation, shall be determined by the governing body.
Powers of county agency. The agency, as empowered by the
governing body, may assemble data relating to (1) problems and solutions
in hurricane protection, flood and shoreline erosion control and the
areas of immediate need within the county, (2) the techniques and
effectiveness of providing dunes, bluffs, bulkheads, dikes, groins,
jetties, fills and alternative methods of hurricane protection, flood
and shoreline erosion control, (3) the methods of financing hurricane
protection, flood and shoreline erosion control and the availability of
aid and assistance from alternative sources, (4) the possibility of
developing and utilizing existing facilities and a plan of development
for the county district which most complements more comprehensive plans
of hurricane protection, flood and shoreline erosion control and (5)
employ such engineering, legal, professional and other assistance as
from time to time may be needed, and may incur such other expenses as
may be necessary within the amounts made available therefor by budget
appropriations. When authorized by the governing body, the agency may
also apply for and expend state and federal aid for comprehensive
studies and reports.
Preparation of maps and plans. A petition may be presented to
the governing body requesting that a certain area or areas of the county
be established as a county district. Such petition shall be executed and
acknowledged on behalf of a municipality or existing district, any part
of which is included within such area or areas, by the chief executive
officer of such municipality, or of such existing district serving a
similar function as the district to be established hereunder. In lieu of
execution of the petition by the chief executive officer of such
municipality or existing district, the petition may be executed and
acknowledged by at least twenty-five owners of taxable real property of
record situated within such municipality or existing district. Upon
presentation of such a petition or on its own motion, the governing body
may direct the agency to cause maps and plans to be prepared for a
project as requested in the petition or for the establishment of a
certain area or areas of the county as a county district, provided,
however, that if the petitioning municipality, existing district or
owners of taxable property undertake to furnish or pay the cost of such
maps and plans at its or their cost and expense, the governing body
shall direct the agency to accept or prepare the same. Such maps or
plans shall show (1) the boundaries of the area or areas which the
agency in its judgment considers will be benefited by the particular
project, (2) a description of the area or areas sufficient to permit
definite and conclusive identification of all parcels of property
included therein, (3) the proposed location of all dunes, bluffs,
bulkheads, dikes, groins, jetties, fills and other works, facilities and
improvements, (4) a description of the land or water rights to be
acquired, and (5) estimates of the cost of construction of the
facilities as shown on the maps and plans and the method of financing
the same. Such maps and plans shall be consistent with, so far as
possible, any comprehensive plan for hurricane protection, flood and
shoreline erosion control developed by the state or national government
for that purpose.
If the report of the agency required by section two hundred eighty-e
of this article shall contain recommendations for the establishment of
two or more zones of assessment within a county district, such maps and
plans shall show the boundaries of each of such zones and the estimated
initial allocation of the cost of the construction of the facilities
recommended to be charged to each of such zones.
Where acceptable maps, plans and related data have theretofore been
prepared by or for one or more existing or proposed hurricane
protection, flood and shoreline erosion control districts, the governing
body may, instead, authorize the agency to adopt and utilize such maps,
plans and data and, where a county district is thereafter established
and facilities constructed thereby on the basis of such maps, plans and
data, the agency shall reimburse the municipalities, existing districts
or persons who have paid for all or part of the cost of such maps, plans
and data in a reasonable amount to be agreed upon among them, which
amount shall not exceed their net expenditures therefor, and shall not
include any portion of the cost paid from federal or state aid and which
amount, when paid, shall be deemed part of the cost of the construction
of the facilities by the agency.
Public hearing. When the agency has caused such maps and
plans to be prepared, it shall transmit them to the governing body,
together with a report of its proceedings and its recommendations,
including a recommendation as to what officer, board or body should be
the administrative head or body of the proposed district. Such report
may further include the recommendations relating to the establishment of
two or more zones of assessment within the proposed district and the
estimated initial allocation of the cost of the construction of the
facilities as between such zones to be assessed, levied and collected in
each zone in the same manner and at the same time as other county
charges. Upon receipt of the report and the maps and plans, the
governing body shall call a public hearing upon a proposal to establish
a county district, to comprise the area or areas described and defined
in said maps and plans. The clerk of the governing body shall cause a
notice of the public hearing to be published at least once in the
official newspapers of the county and in such other newspapers having a
general circulation in the proposed district as the governing body may
direct, the first publications thereof to be not less than ten or more
than twenty days before the day set therein for the hearing. The notice
of hearing shall contain a description of the area or areas to be
included within the proposed district, and if the report shall have
recommended the establishment of zones of assessment, a description of
the area or areas to be included within each zone of assessment, the
improvements proposed, the maximum amount to be expended for the
improvement, the allocation of such maximum amount as between the zones
of assessment recommended, if any, the proposed method of assessment of
the cost and shall specify the time when and place where the governing
body will meet to consider the matter and to hear all parties interested
therein concerning the same. In the event that zones of assessment are
provided for and an allocation of cost of the facilities between such
zones of assessment, said notice shall further state that said zones of
assessment and said allocations of cost may be changed from time to time
by resolution of the governing body adopted after a public hearing
whenever said governing body shall determine that such changes are
necessary in the public interest.
Representation by municipalities and district. At the public
hearing on the establishment of a county district which includes the
whole or any part of a town, village or such existing district
furnishing a similar service as the proposed district, the inhabitants
of such town, village or existing district may be represented jointly by
an officer or official of the municipality or existing district duly
designated by the governing body of the municipality or existing
district to attend.
Establishment of a county district. Upon the evidence
presented at the public hearing, and after due consideration of the maps
and plans, reports, recommendations and other data filed with it, the
governing body shall determine, by resolution, whether or not the
proposed facilities are satisfactory and sufficient and, if it shall
determine such question in the negative, it shall remand the proceedings
to the agency for further study. The agency shall make such further
study and amend and revise the maps and plans (including the zones of
assessment and allocation of costs if the maps and plans provide
therefor) in conformance with its findings, and shall hold further
hearings thereon, in the same manner as hereinbefore provided. If the
revised maps and plans call for an increase in the estimated maximum
expenditure for the project, alter the boundaries of the proposed
district, or if the maps and plans provide for zones of assessment and
allocation of the cost of the facilities, alter the boundaries of the
proposed zones of assessment or change the allocation or the costs of
the facilities as between the zones of assessment, the governing body
shall call a further public hearing thereon in the manner provided in
section two hundred eighty-e. When the governing body shall find that
the proposed facilities are adequate and appropriate, it shall further
determine by resolution, (1) whether all the property and property
owners within the proposed district are benefited thereby, (2) whether
all of the property and property owners benefited are included within
the limits of the proposed district, (3) whether it is in the public
interest to establish the district and (4) if said maps and plans and
report recommended the establishment of zones of assessment and the
allocation of the costs of the facilities as between such zones of
assessment, whether such zones of assessment and the allocation of the
costs of the facilities thereto represent as nearly as may be the
proportionate amount of benefit which the several lots and parcels of
land situate in such zones will derive therefrom.
If the governing body shall determine that it is in the public
interest to establish the district, but shall find that (1) any part or
portion of the property or property owners within the proposed district
are not benefited thereby or (2) that certain property owners benefited
thereby have not been included therein, or (3), if zones of assessment
are proposed to be established and the cost of facilities allocated
among said zones of assessment, that any part or portion of the property
or property owners within a proposed zone of assessment should be placed
in a different zone of assessment or that a different allocation of the
cost should be made as between the zones of assessment, the governing
body shall specify the necessary changes of the boundaries of the
proposed district or the necessary changes of the boundaries of any
proposed zone of assessment or the necessary changes as to the
allocation of costs, as the case may be, to be made in order that all of
the property and property owners and only such property owners as are
benefited shall be included within such proposed district, or in order
that such zones of assessment and the allocation of the costs of the
facilities thereto shall represent as nearly as may be the proportionate
amount of benefit which the several lots and parcels of land situate in
such zones will derive therefrom, and the governing body shall call a
further hearing at a definite place and time not less than fifteen nor
more than twenty-five days after such determination. Notice of such
further hearing shall be published in the manner provided in section two
hundred eighty-e, except that such notice shall also specify the manner
in which it is proposed to alter the boundaries of the proposed
district, or the boundaries of the zones of assessment or the allocation
of the costs of the facilities as between said zones of assessment, as
the case may be. If and when the governing body shall determine in the
affirmative all of the questions set forth above, the governing body may
adopt a resolution approving the establishment of the district, as the
boundaries shall be finally determined, and the construction of the
improvement, and if zones of assessment have been established and an
allocation of the costs of the facilities made as between such zones of
assessment, further approving the establishment of the initial zones of
assessment and the initial allocation of the costs of the facilities as
between said zones of assessment. Such resolution shall be subject to
permissive referendum as hereinafter provided.
Permissive referendum. The provisions of sections one hundred
one and one hundred two of this chapter and the applicable provisions of
the election law as to conduct of elections and qualifications of voters
shall apply to permissive referenda conducted hereunder, except that
only those electors shall be qualified to sign a petition and to vote
who are resident within an area included in the proposed county
district, and provided further that the number of signatures required on
the petition shall be five hundred or five per centum of the owners of
taxable real property situated within the proposed district, whichever
shall be less.
The clerk of the governing body shall cause to be prepared and have
available for distribution proper forms for such petition and shall
distribute a supply to any person requesting the same.
Application to the department of audit and control. Whenever
a resolution approving the establishment of a county district shall have
become effective, the clerk of the governing body shall file an
application in the office of the department of audit and control for
permission to establish the district. Such application shall be executed
and verified by the chairman of the governing body or such other officer
as the governing body may designate and be in such form and contain such
information as may be prescribed by the state comptroller. The state
comptroller may require the submission of additional information or data
in such form and detail as he shall deem sufficient, or may cause an
investigation to be made to aid him in making the determinations below
mentioned. Upon such application and such other information, data and
material which may be submitted, the state comptroller shall determine
whether the public interest will be served by the creation of the
district and also whether the cost thereof will be an undue burden upon
the property of the proposed district. If such resolution shall have
provided for the establishment of zones of assessment and the allocation
of the costs of the facilities as between such zones of assessment, the
state comptroller shall further determine whether the cost of the
facilities allocated to each of said zones of assessment will be an
undue burden upon the property of each proposed zone of assessment.
Upon completion of his examination of the application and
investigation of the project, the state comptroller shall make an order,
in duplicate, granting or denying permission for the establishment of
the district and shall file one copy of such order in the office of the
state department of audit and control at Albany, New York, and the other
in the office of the clerk of the governing body of the county in which
the proposed district is located. The clerk of the governing body shall
present such order to the governing body at the next meeting thereof. If
the state comptroller shall deny permission for the establishment of the
district, no further proceedings shall be taken in the matter. If the
state comptroller shall grant permission for the establishment of the
district, the governing body may adopt an order establishing the
district.
Recording and filing of determination. The clerk of the
governing body shall within ten days cause a certified copy of the order
of the governing body establishing the district to be recorded in the
office of the clerk of the county and when so recorded such order shall
be presumptive evidence of the regularity of the proceedings for the
establishment of the district and of all other action taken by the
governing body in relation thereto.
Review. Any interested party, including a village, or a town
board or board of commissioners on behalf of an existing district,
aggrieved by the final determination or order made by the governing body
establishing the district, may make application for review of any and
all of the final determinations made by the governing body in connection
with the proceeding in the manner provided in article seventy-eight of
the civil practice law and rules provided that application for review is
made within thirty days from the date of the recording of the order
establishing the district in the office of the clerk of the county.
Unless such application is made within thirty days as aforesaid, the
order establishing the district shall be final and conclusive. In the
event that upon such review there shall be any modification by the court
of such final determination or order, the clerk of the governing body
shall cause such order to be recorded and certified copies thereof filed
in the same places as was the determination or order appealed from.
Administration of the county district. When a county district
shall have been established, the governing body shall appoint, designate
or establish an officer, board or body as the administrative head or
body of the district. All matters relating to the membership of such
administrative head or body, including but not limited to, numbers,
method of selection, tenure, qualifications and compensation, shall be
determined by the governing body. A member of the governing body or any
other county officer or official may be appointed as administrative head
or as a member of the administrative body provided that he shall receive
no additional salary or compensation for such services. The
administrative head or body of one or more county districts shall be
considered to be the administrative head or body of an administrative
unit of county government. The title of such administrative head or
body, if such functions are not conferred on an existing officer or
body, and the name of such administrative unit, if the county district
is made a separate administrative unit of county government, shall be
prescribed by the governing body, and such officer or body shall have
all the powers generally conferred on heads of administrative units by
this chapter, not inconsistent with the provisions of this article, and
shall be subject to all of the duties imposed upon such heads by this
chapter, not inconsistent with the provisions of this article.
Performance of the work. After a district shall have been
established, the administrative head or body shall cause to be prepared
by the county engineer, or other county officer having equivalent
qualifications, or a duly licensed engineer employed for that purpose,
detailed plans and specifications for the improvement, a careful
estimate of the expense, and, with the assistance of the county
attorney, or an attorney employed for that purpose, a proposed contract
or contracts for the execution of the work. The administrative head or
body shall examine such detailed plans, specifications, estimates and
contracts and may adopt, modify, amend or reject the same. Upon adoption
of the plans, specifications, estimates and proposed contract, the
administrative head or body shall cause contracts to be let in the same
manner provided for other county construction projects. Nothing herein
shall prevent the purchase or condemnation of any existing county
system, or portion or portions thereof, whether inside or outside of the
county, necessary for the purposes of the county district, provided,
however, that there shall be no power to condemn property the legal
title to which is vested in a public corporation or a special
improvement district unless the owner shall consent thereto. The cost
thereof, together with the cost of construction of those facilities
proposed to be constructed, shall not exceed the maximum cost of the
project as advertised in the notice of hearing published pursuant to
section two hundred eighty-e of this article. In the event that a
system owned by a municipal corporation or existing district is
purchased, the county may by agreement with the seller, assume the
payment of annual installments of principal of, and interest on,
obligations issued by the selling municipality to finance the cost of
the facilities so sold. If payment of annual installments of debt
service is not assumed, as aforesaid, the selling municipality shall set
aside in a reserve fund, so much of the purchase price received as is
sufficient to meet all future installments of principal of, and interest
on, outstanding obligations issued by it to finance the cost of the
facilities sold. Moneys in such a reserve fund may be invested as
provided in section eleven of the general municipal law.
Powers. The administrative head or body upon authorization
from the governing body may acquire in the name of the county by gift,
lease, purchase or condemnation, real estate and easements, rights of
way or other interests therein necessary or proper for the purposes of
the district. It may (1) construct or reconstruct dunes, bluffs,
bulkheads, dikes, groins, jetties, fills and other works and
improvements upon such lands, or (2) provide for the acquisition,
construction, operation and maintenance of all facilities and appliances
necessary to effectuate the purposes of this article.
Rules and regulations. The governing body shall have power to
adopt, amend and repeal, from time to time, rules and regulations for
the operation of a county district including regulation of the manner of
the construction of the county district and all facilities and
appurtenances.
Contracts. The administrative head or body, where applicable,
subject to the approval of the governing body, may make contracts
necessary to effectuate the purposes of this article. Provided, however,
that no such contract, nor the power to contract, shall be deemed to
alter or abridge any power or authority, or exercise thereof, of any
state department or agency heretofore or hereafter exercised or
conferred.
Revenues. 1. The county treasurer shall collect and receive
all levies, charges, other revenue of the district and grants in aid and
assistance and keep a true account of all such receipts. Unpaid levies
and charges shall be a lien upon the real property upon which or in
connection with which improvements were provided as and from the first
day fixed for payment of such levies and charges.
2. The county treasurer shall prepare, and transmit to the governing
body, on or before the first day of December in each year a list of
those residents or property owners within the county who are in arrears
in the payment of levies or charges for a period of thirty days or more
after the last day fixed for payment of such levies and charges without
penalty. The list shall contain a brief description of the properties
for which the improvements were provided, the names of the persons or
corporations liable to pay for the same and the amount chargeable to
each, including penalties and interest computed to December
thirty-first. The governing body shall levy such sums against the
properties liable and shall state the amount thereof in a separate
column in the annual tax rolls of the various municipalities under the
name of "county hurricane protection, flood and shoreline erosion
control improvement district tax". Such amounts, when collected by the
several municipal collectors or receivers of taxes, shall be paid over
to the county treasurer. All of the provisions of the tax laws of the
state of New York and the Suffolk county tax act covering the
enforcement and collection of unpaid taxes or assessments for special
improvements not inconsistent herewith shall apply to the collection of
such unpaid levies and charges. Such amounts, when received by the
county treasurer, shall be credited to the applicable county district
fund and shall be used only for such county district purposes.
Expense of the improvement. The cost of establishment of a
county district and the furnishing of the improvement therein shall
include the amount of all contracts, the costs of all lands and
interests therein necessarily acquired, the costs of erection of
necessary facilities and appurtenances for operation or administration
of the improvement, the costs of necessary original equipment for
operation or administration of the improvement, printing, publishing,
interest on loans, legal and engineering services and all other expenses
incurred or occasioned by reason of the establishment of the district
and the furnishing of the improvement. In addition there shall be
apportioned against, charged to and included in such cost such allowance
as the governing body may make for expenditures made to the initiating
agency which are directly attributable to the establishment of the
county district, as well as for any services rendered by the county
attorney, the county engineer, or any other salaried county officer or
employee, when such services have been necessary to or occasioned by
reason of the establishment of the county district.
Increase and improvement of facilities. Whenever the
governing body shall determine it necessary to acquire additional lands
or interests in lands or to acquire or to construct dunes, bluffs,
bulkheads, dikes, groins, jetties, fills or other works including all
necessary facilities and equipment appurtenant thereto; or whenever the
governing body shall determine it necessary for the proper maintenance
and service of such facilities to increase, improve or reconstruct the
facilities thereof, including the acquisition of additional lands, or
interests in land therefor, it may cause the same to be accomplished
without further authorization, provided, however, that if it is proposed
to finance any part of the cost thereof by the issuance and sale of
capital notes or serial bonds, such improvement shall not be undertaken
unless authorized by proceedings taken in the same manner as the
proceedings taken for the original establishment of the district, except
that the sole determination which the governing body shall make is
whether such improvement is in the public interest, and if zones of
assessment have been established, said governing body shall further
determine the allocation of the cost thereof as between such zones.
Increase of maximum amount to be expended. At any time after
the establishment of a district pursuant to this article, the maximum
amount authorized to be expended for the original improvement in such
district may be increased by a resolution of the governing body provided
a petition requesting such increase executed and acknowledged in
accordance with section two hundred eighty-d is presented to the
governing body, and provided the governing body shall, after a public
hearing called and held in the manner prescribed by section two hundred
eighty-e, determined that it is in the public interest to authorize the
increase of such maximum amount and provided the comptroller of the
state of New York shall have made, prior to such public hearing, an
order approving the increase of such maximum amount as stated in the
petition. The order of the comptroller shall be prepared in duplicate
and one copy thereof filed in the office of the department of audit and
control and the other copy in the office of the clerk of the governing
body of the county in which the district is located.
If zones of assessment have been established, such resolution of the
governing body shall provide for the allocation of such increase as
between such zones of assessment, and the notice of such public hearing
shall state such allocation.
Assessment of the cost. The expense of the establishment of a
district and of providing improvements therein, including the
improvements described in section two hundred eighty-s, shall be
assessed, levied and collected from the several lots and parcels of land
within the district in the same manner and at the same time as county
charges, except that before any special assessment is levied pursuant to
this section, the governing body shall increase or diminish the
aggregate valuations of real estate in that portion of any tax district
included within the county district by following the equalization rule
set forth in section eight hundred four of the real property tax law.
The annual expense of operation and maintenance shall be assessed,
levied and collected in the same manner and at the same time as the
expense of the improvement is assessed, levied and collected.
Notwithstanding any other provisions of this chapter if zones of
assessment have been initially established, and an initial allocation of
the total estimated cost of the facilities have been made to such zones
of assessment, the amount of the cost of the facilities so allocated to
any such zone of assessment shall be annually assessed, levied and
collected from the several lots and parcels of land within said zone of
assessment within the district in the same manner and at the same time
as other county charges, except that before any special assessment is
levied pursuant to this section, the governing body shall increase or
diminish the aggregate valuations of real estate in that portion of any
such zone of assessment included within the county district by following
the equalization rule set forth in section eight hundred four of the
real property tax law. The annual expense of operation and maintenance
shall annually be allocated by the governing body as between the zones
of assessment of the district and shall be assessed, levied and
collected from the several lots and parcels of land within each zone of
assessment chargeable therewith, in the same manner and at the same time
as county charges. Provided, however, that for a hurricane protection
project such assessment shall be at a rate not to exceed twenty per
centum of the net annual cost to the county for such improvement when
such lot or parcel is publicly used or owned and not to exceed seventy
per centum of such cost when the lot or parcel is privately owned.
Provided further, that for single purpose flood or shoreline erosion
control projects, such assessment shall be at a rate up to one hundred
per centum of the net annual cost to the county whether such lot or
parcel is publicly or privately owned.
The governing body, after holding a public hearing upon notice
published in the same manner as provided in section two hundred eighty-e
of this article, from time to time, by resolution may change either (1)
the allocation of the cost of such improvements as between such zones of
assessment or (2) the boundaries of such zones of assessment. After
adoption of such resolution, application shall be made to the department
of audit and control in the manner provided in section two hundred
eighty-i of this article for a determination as to whether the proposed
changes will result in an undue burden upon the property of any zone of
assessment. The state comptroller shall make an order in duplicate
granting or denying permission for the proposed changes and thereafter,
proceedings shall be taken in the same manner provided in section two
hundred eighty-i of this article.
Nothing in this section contained shall be construed to prevent the
financing in whole or in part, pursuant to the local finance law, of
expenditures made pursuant to this article.
Alternative method of assessment. Notwithstanding the
provisions of the preceding section, if the notice of public hearing to
be held by the governing body pursuant to section two hundred eighty-e
shall contain a statement that the cost of the improvement will be
assessed in proportion as nearly as may be to the benefit which each lot
or parcel of land will derive therefrom, such cost shall be assessed,
levied and collected as hereinafter provided. The governing body may and
is hereby authorized, to issue, pursuant to the local finance law, the
obligations of the county in such an amount as said governing body may
estimate to be sufficient to pay the entire cost of the improvement, but
not in excess of the maximum amount proposed to be expended for the
improvement as stated in the notice of hearing published pursuant to
section two hundred eighty-e. Notwithstanding any other inconsistent
provision of law to the contrary and in the event such obligations are
issued, no down-payment shall be required, and the period of probable
usefulness shall be ascertained and governed by the type of work or
improvement as follows:
1. Construction work of steel, stone or concrete, thirty years;
2. Construction work of wood, or part wood, twenty years; and
3. Dredging work, fill work, dune restoration or other work or
improvements, to which items one and two above do not apply, five years.
The period of probable usefulness for such dredging, fill, dune
restoration or other work or improvements shall apply even though
easements on land on which such work is done have a duration of less
than five years.
In preparing the annual estimate of revenues and expenditures pursuant
to section three hundred fifty-three of this chapter, the administrative
head or body shall include, in addition to all costs of operation and
maintenance for the next succeeding fiscal year, sums sufficient to pay
the annual installment of principal of, and interest on, obligations
issued as aforesaid. The administrative head or body shall thereupon
annually assess the amount of the estimate of expenditures, less the
estimate of revenues including financial aid and assistance made
available by the state or federal government as set forth in the
estimate so prepared, on the lots and parcels of land in the district in
proportion as nearly as may be to the benefit which each lot or parcel
will derive therefrom and shall prepare an assessment roll which shall
describe each such lot or parcel of land in such manner that the same
may be ascertained and identified and shall show the name or names of
the reputed owner or owners thereof, and the aggregate amount of the
assessment levied upon such lot or parcel of land. Provided, however,
that for a hurricane protection project such assessment shall be at a
rate not to exceed twenty per centum of the net annual cost to the
county for such improvement when such lot or parcel is publicly used or
owned and not to exceed seventy per centum of such cost when the lot or
parcel is privately owned. Provided further, that for single purpose
flood or shoreline erosion control projects, such assessment shall be at
a rate up to one hundred per centum of the net annual cost to the county
whether such lot or parcel is publicly or privately owned. The
assessment roll shall be submitted to the budget officer at the same
time as the estimate is submitted, for transmittal with the tentative
budget to the clerk of the governing body. The assessment roll shall
remain on file in the office of the clerk and be open to public
inspection during business hours. The governing body shall hold a public
hearing on the assessment roll. Notice of such public hearing shall be
published at least once in the official newspapers stating that said
assessment roll has been completed and that at a time and place to be
specified therein the governing body will meet and hear and consider any
objections which may be made to the roll. The first publication of the
notice of the completion of the roll shall be not less than five days
before the date specified for the hearing. At the time and place
specified, the governing body shall meet and hear and consider any
objections to the assessment roll, and may change or amend the same as
it deems necessary or just so to do and may affirm and adopt the same as
originally proposed or as amended or changed, or it may annul the same
and order the administrative head or body to proceed anew and to prepare
another roll or the governing body may prepare such new roll. No such
amended, changed or new roll shall be adopted unless the governing body
shall hold a hearing thereon in the manner and upon the notice
prescribed for the original hearing. It shall be the duty of the
governing body to levy the sum apportioned to and assessed upon each
such lot or parcel of land at the time and in the manner provided by law
for the levy of state, county or town taxes. Such sums so levied shall
be collected by the local tax collectors or receivers of taxes and
assessments and shall be paid over to the county treasurer in the same
manner and at the same time as taxes levied for general county purposes.
The county treasurer shall keep a separate account of such moneys and
they shall be used only for purposes of the county district for which
collected. Nothing herein shall prevent the public hearing on the
assessment roll from being held simultaneously with the hearing on the
county budget held pursuant to section three hundred fifty-nine of this
chapter. If the cost of establishment of the county district and the
providing of an improvement therein has been assessed, levied and
collected pursuant to the provisions of this section, then the cost of
any improvement made pursuant to section two hundred eighty-s shall be
assessed, levied and collected pursuant to the provisions of this
section. If the cost of establishment of the county district and the
providing of an improvement therein has been assessed, levied and
collected pursuant to the provisions of section two hundred eighty-u,
then the cost of any improvement made pursuant to section two hundred
eighty-s shall be assessed, levied and collected pursuant to the
provisions of section two hundred eighty-u.
Taxation of district property. All real property acquired for
the purposes of the county district shall be acquired in the name of the
county. Real property acquired in the name of the county shall be
assessed for the purposes of taxation at the value thereof exclusive of
improvements erected or installed by or on behalf of such county
district, but in no case at less than the assessed valuation at the time
of acquisition by the county. Except as provided above, such real
property shall be valued on an equitable basis with other comparable
real property in the district.
Contracts with public authorities for county hurricane
protection, flood and shoreline erosion control districts. 1.
Notwithstanding any other provision of this chapter, the governing body
may enter into a contract with a public authority which possesses
express reciprocal powers whereby the construction and development of
hurricane protection, flood and shoreline erosion control facilities, or
any part or parts thereof, may be accomplished by such public authority
on behalf of the county hurricane protection, flood and shoreline
erosion control district, with the expense thereof to be assessed as
provided in section two hundred eighty-u hereof. Such hurricane
protection, flood and shoreline erosion control authority shall be
deemed the agent of the county or counties which are a party or parties
to such contract. If such contract shall authorize the hurricane
protection, flood and shoreline erosion control authority to purchase
supplies or equipment or to construct hurricane protection, flood and
shoreline erosion control facilities, such authority shall be subject to
all provisions of law to which a county would be subject in relation to
advertising and awarding any such contracts for supplies, equipment or
public works.
2. a. Notwithstanding any other provision of this act, the governing
body may enter into a contract with a public authority whereby the
public authority may assume the operation and management of the
district. Except as otherwise provided in this section, the provisions
of section two hundred eighty-l, two hundred eighty-o and two hundred
eighty-q shall, in such case, be inoperative, and the functions of the
administrative head or body as prescribed in sections two hundred
eighty-m and two hundred eighty-n shall be exercised by the governing
body.
b. The public authority shall make periodic reports to the governing
body, showing in detail the operations of the district for the preceding
period, including a detailed report of its receipts and disbursements,
and such other facts as the governing body may deem important for its
information, together with such recommendations as the public authority
may have as to improvements to the systems and such other
recommendations as may be proper for the consideration of the governing
body.
c. The public authority shall also annually, at such time as the
governing body may determine, submit to such governing body a statement
of the estimated expense of the operation and maintenance of the
district and the amount required for the payment of all debt service on
obligations of the county issued for the purposes of such district, for
the ensuing fiscal year. Such statement shall show the amount which the
public authority has available through state and federal aid and
assistance or other sources and the amount it recommends be raised by
assessment. The governing body may change the amount so recommended to
be raised by assessment, provided, however, that the total of such
amounts shall not be reduced below the estimated expense of the
operation and maintenance of the district plus the amount required for
the payment of all debt service on obligations of the county issued for
the purposes of such district. The governing body shall affirm and adopt
such statement as originally submitted or as changed.
d. The amount determined to be raised by assessment shall be assessed
and levied as provided in section two hundred eighty-u, provided,
however, that if the notice of public hearing to be held by the
governing body pursuant to section two hundred eighty-e shall contain a
statement that the cost of the improvement will be assessed in
proportion as nearly as may be to the benefit which each lot or parcel
of land will derive therefrom, such amount shall be assessed and levied
as hereinafter provided. The governing body shall annually cause to be
assessed the amount determined to be raised by assessment on the lots or
parcels of land in the hurricane protection, flood and shoreline erosion
control district in proportion as nearly as may be to the benefit which
each lot or parcel will derive therefrom and shall cause an assessment
roll to be prepared in the manner provided in section two hundred
eighty-v. Such assessment roll shall be filed in the office of the clerk
of the governing body and shall be open to public inspection at such
office during business hours. The governing body shall hold a public
hearing on such assessment roll in the manner and upon the notice
prescribed in section two hundred eighty-v. At the time and place
specified in the notice, the governing body shall meet and hear and
consider any objections to the assessment roll and may change or amend
the same as it deems necessary or just so to do and may affirm and adopt
the same as originally proposed or as amended or changed, or they may
annul the same and cause another roll to be prepared or the governing
body may prepare such new roll. No such amended, changed or new roll
shall be adopted unless the governing body shall hold a hearing thereon
in the manner and upon the notice prescribed for the original hearing.
It shall be the duty of the governing body to levy the sum apportioned
to and assessed upon each such lot or parcel of land at the time and in
the manner provided by law for the levy of state, county or town taxes.
Amounts assessed and levied pursuant to this paragraph shall be
collected by the local tax collectors or receivers of taxes and
assessments and shall be paid over to the county treasurer in the same
manner and at the same time as taxes levied for general county purposes.
The county treasurer shall pay over all amounts so received to the
public authority.
Extension of the district. A county district may be extended
so as to include territory not previously included within its boundaries
in the same manner as hereinbefore prescribed for the original
establishment of the district. If the cost of establishment af the
original district and of providing the improvement therein was assessed,
levied and collected pursuant to the provisions of section two hundred
eighty-u, then the cost of the extension and of the improvements therein
shall be assessed, levied and collected pursuant to the provisions of
said section. If the cost of establishment of the original district and
of providing of the improvement therein was assessed, levied and
collected pursuant to the provisions of section two hundred eighty-v,
then the cost of the extension and of the improvement therein shall be
assessed, levied and collected pursuant to the provisions of said
section. The cost of the extension shall include such proportion of the
cost of the system of the original district as the governing body shall
determine.
Jurisdiction of other state agencies. The powers and duties
of the state department of environmental conservation, the water
pollution control board, or any other state department or agency
heretofore or hereafter exercised or conferred shall not be altered or
abridged by any of the provisions of this article.
Claims. The expense for all claims made against the county
or the district, its agents, servants or employees arising out of the
establishment, operation, maintenance or control of the district or any
improvement created by the district, shall be included in the annual
expense of operation and maintenance of the district or the expense of
the establishment of the district and the improvements created therein,
according to the nature of the claim.
ARTICLE 5-D County Small Watershed Protection Districts
Declaration of policy and purposes. Whereas erosion, flood
water and sediment damage in the watersheds of the rivers and streams of
the state cause loss of life and damage to property and constitute a
menace to the health, safety and welfare of the people of this state, it
is the sense of the legislature that the state should cooperate with the
federal government and its agencies and with the several counties of the
state for the purpose of preventing such damage and of furthering the
conservation, development, utilization and disposal of water and thereby
preserving and protecting the state's land and water resources, in the
manner hereinafter described.
County small watershed protection districts. The board of
supervisors of each county may establish or extend county small
watershed protection districts in the manner hereinafter provided, for
the purpose of undertaking, constructing and maintaining projects and
works of improvement for flood prevention, land treatment, and for the
conservation, development, disposal and utilization of water including
but not limited to use for irrigation in watershed and sub-watershed
areas as provided for in the federal act approved August four, nineteen
hundred fifty-four, and known as public law five hundred sixty-six, and
as the "Watershed Protection and Flood Prevention Act", and all acts
amendatory thereof and supplemental thereto, and which projects and
works of improvement have been or may be approved by the federal
government and for which federal financial and other forms of assistance
shall be made available.
County small watershed agency and processing of applications.
1. Designation of an agency. The board of supervisors may appoint or
designate a county small watershed agency (hereinafter referred to as
the agency), in similar manner as provided in section two hundred
fifty-one of this chapter in the case of county water districts, as now
in effect or as hereafter amended. However, in any county where the
board of supervisors has established or shall establish a soil
conservation district pursuant to the soil conservation districts law,
the soil conservation district shall serve as such agency. The agency
shall undertake studies and assemble data relating to the need for a
small watershed project (hereinafter referred to as the "project"),
pursuant to said "Watershed Protection and Flood Prevention Act" and the
need for the establishment of a county small watershed protection
district (hereinafter referred to as the "watershed district").
2. Procedure for approval of project applications and establishing
priorities therefor. If the agency, after study and investigation, is of
the opinion that it would be in the public interest and for the
protection of public health and welfare to undertake a project, it
shall, with the approval of the board of supervisors, make application
to the secretary of agriculture of the United States for assistance
pursuant to section three of the said "Watershed Protection and Flood
Prevention Act". Before such application is forwarded to the secretary
of agriculture of the United States for approval, it shall be submitted
to and approved by the water resources commission (hereinafter referred
to as the "commission") prior to submission of the application to the
secretary of agriculture. At the same time that an application is
submitted to the commission, a copy thereof shall be forwarded by the
agency to the state soil conservation committee, which shall, within
thirty days after receipt of the copy of the application, submit any
advice or comments to the commission. The commission is authorized to
establish and amend a priority list for projects, and to establish rules
and regulations for the handling and processing of applications, plans
and projects.
Such applications to the commission shall be accompanied by an outline
of the project in general form indicating the purpose, size, scope and
location of the contemplated project, the proposed works and facilities,
and, when available, preliminary estimates of the total maximum cost of
the project and the amount and nature of requested federal aid and local
costs. The approval of the application by the commission shall not be
deemed to be final approval of the project, or approval of detailed
plans and specifications for the project, or to authorize the
construction of any project works or facilities. The commission shall
not be required to hold a hearing on such an application but, before
disapproving any application, it may cause a public hearing to be held
on the application to hear any and all interested parties.
3. Approval of watershed work plan. (a) Upon completion of a watershed
work plan which shall contain an outline of the proposed project,
including preliminary plans, estimates, cost allocations and other data
as provided in section three of the said "Watershed Protection and Flood
Prevention Act," the agency, if it, after a study of the data, still is
of the opinion that the project should be undertaken, shall have the
watershed work plan reviewed and approved by the county engineer or
another properly licensed professional engineer retained for such
purpose, and after such review and as approved, shall, subject to
authorization by the board of supervisors, submit the watershed work
plan to the commission for approval, disapproval or modification. At the
time of submitting the watershed work plan to the commission, the agency
shall forward copies thereof to the soil conservation committee.
(b) The water resources commission shall cause a public hearing to be
held on the watershed work plan in accordance with the provisions and
procedures provided by section four hundred fifty-one of the
conservation law in respect to public hearings on water supply
applications. The commission shall with all convenient speed and within
ninety days after the final hearing either approve, disapprove or modify
the watershed work plan. In reaching its decision, it shall be the duty
of the commission to review the watershed work plan and other data and
the evidence taken at the hearing, with due regard being given to the
allocation of the water resources of the state to the various interests
desiring to utilize such resources for the general benefit of the
public. In approving the watershed work plan as submitted, or as
modified by the commission, the commission shall determine that the
watershed work plan includes the necessary works of improvement and that
the proposed works of improvement, will have no adverse effect on the
general and equitable uses of the water resources of the state in areas
which might be affected thereby.
(c) After approval by the commission, the watershed work plan as
submitted or as modified, shall be the final complete watershed work
plan for the project. The watershed work plan shall set forth the
general scope and intent of the project but not necessarily include
maps, plans and specifications in sufficient detail for contracting for
and the construction of the works of improvement.
4. None of the works of improvement included in the final watershed
work plan shall be undertaken or constructed or put into operation until
detailed maps, plans and specifications therefor have been submitted to
the commission for approval. The commission need not hold a public
hearing on such an application but may call upon the watershed district
or its administrative head or body to furnish such further information
or proof as the commission may require. The commission shall determine
whether the detailed maps, plans and specifications provide for the
proper and safe construction of all work connected with the project.
The commission may approve or disapprove the detailed maps, plans and
specifications, or modify them and, as so modified, approve them. When
approved or modified and approved, the detailed maps, plans and
specifications shall be the final construction plan.
5. Modifications. Should it subsequently become necessary or desirable
at any time either before or after the formation of a watershed district
or the construction and completion of a project that the watershed work
plan be modified in a substantial manner in scope or intent as specified
in this subdivision five, or that the final construction plan be
modified in a substantial manner, such modifications must be submitted
to the board of supervisors and, if approved by the board, to the
commission for such further action or approval as it may deem necessary
or advisable before such modifications are put into effect. A change in
scope or intent requiring modification of the watershed work plan and
the action and approval prescribed by this subdivision five shall mean
(1) a change in the multi-purposes and features of the project, or (2) a
change affecting flood water storage which requires approval of
committees of the Congress of the United States under the provisions of
the "Watershed Protection and Flood Prevention Act".
6. Hearing expenses. The expenses of any hearing and determination
required to be held and made by the commission shall be a charge against
the county or counties and such county or counties shall, upon
certification by the commission, pay such expenses to the persons
entitled thereto.
Establishment of a county small watershed protection
district. When the agency has the complete final maps, plans,
specifications and cost estimates for a project, as provided in section
two hundred ninety-nine-n of this article, the agency shall petition the
board of supervisors that a certain area or areas of the county as
delineated in the maps, plans and specifications be established as a
watershed district.
Proceedings shall be taken in the manner prescribed in sections two
hundred fifty-four through two hundred sixty of this chapter in the case
of county water districts, as now in effect or as hereafter required,
and all of the provisions of said sections shall apply, in so far as
applicable, to proceedings for the establishment of a watershed
district, except that in relation to the public hearings required by
section two hundred fifty-four, only the public hearing by the board of
supervisors shall be necessary for the establishment of a watershed
district.
The governing body of any municipality within the county may petition
the board of supervisors for the establishment of a watershed district.
Upon receipt of such petition, the chairman of the board of supervisors
shall forthwith refer it to the agency for study and recommendations.
All other requests for the establishment of a watershed district shall
be presented to the agency or to the board of supervisors if no such
agency exists. The agency or the board of supervisors, as the case may
be, shall have authority to prescribe the form, content and manner in
which such requests shall be made. The agency, if one exists, shall
study such requests and make recommendations thereon to the board of
supervisors.
After a watershed district has been created and a project has been
approved for construction it shall be the responsibility of the county
to require the watershed district to construct, operate, repair and
maintain the project works and facilities in accordance with the plans
and specifications and to accomplish and maintain the project and
purpose for which the watershed district was created.
Administration of the watershed district; powers;
limitations. 1. Administrative head or body of district. When a
watershed district shall have been established, the board of
supervisors, with the advice of the agency, shall appoint, designate or
establish an administrative head or body in the manner prescribed in
section two hundred sixty-one of this chapter in the case of county
water districts, as now in effect or as hereafter amended.
2. Powers and duties of the district. All the provisions of sections
two hundred sixty-one through and including two hundred sixty-four of
this chapter in the case of county water districts, as now in effect or
as hereafter amended, shall apply, in so far as they may be applicable,
to watershed districts and the administrative heads of watershed
districts shall possess equivalent powers and authority in watershed
district matters, except that the power to purchase or condemn an
existing water system or portion or portions thereof shall not be vested
in or available to a watershed district or on behalf thereof.
3. Limitations on powers and sale of water. The watershed district
shall not by construction of any project works or facilities, or
otherwise, damage, interrupt or interfere with any works, facilities,
project or sources of supply of any person, firm, municipal corporation,
waterworks corporation, public corporation, district or authority or of
any other body or agency engaged in supplying the inhabitants of any
municipality, political subdivision or other civil division of the state
with water, nor shall the watershed district or agency engage in the
supplying of water to such inhabitants. However, the watershed district,
with the approval of the board of supervisors, may by contract agree to
sell any excess water at wholesale to any firm, municipality or other
public or private corporation, district or authority, or other body or
agency engaged in supplying or proposing to supply such inhabitants with
water. All such contracts shall be of no force or effect unless and
until the watershed district shall have received the approval of the
water power and control commission as required by and in the manner
provided by article eleven of the conservation law. The watershed
district may also contract for the sale of excess water directly to a
proposed user for industrial or irrigation purposes. All revenues from
such sales and other revenues of a watershed district shall be collected
and received by the county treasurer, who shall keep a true account of
all such receipts. Such revenues shall be used for said watershed
district purposes only.
4. Recreational use of water. The administrative head or body may
adopt rules and regulations, subject to the approval of the board of
supervisors, for the recreational use of the public for bathing, boating
and fishing in and on the waters impounded in a project reservoir.
5. Acceptance of gifts and services. The watershed district, with the
approval of the board of supervisors, may accept gifts of money and
property from any source, public or private, and shall apply such gifts
to watershed district purposes. The watershed district, with the
approval of the board of supervisors, may enter into contracts with any
municipality or other civil division of the state and with any person,
firm, association and public or private corporation for a contribution
of services or other help in the construction of the project or in its
maintenance.
Expense of the improvement. The cost of establishment of a
watershed district and the furnishing of the improvement therein shall
include the amount of all contracts, the costs of all lands and
interests therein necessarily acquired, the costs of erection of
necessary buildings for operation or administration of the improvement,
the costs of necessary original equipment for operation or
administration of the improvement, printing, publishing, interest on
loans, legal and engineering services and all other expenses incurred or
occasioned by reason of the establishment of the watershed district and
the furnishing of the improvement. In addition, there shall be
apportioned against, charged to and included in such cost such allowance
as the board of supervisors may make for expenditures made by the
initiating agency which are directly attributable to the establishment
of the watershed district, as well as for any services rendered by the
county attorney, the county engineer or any other salaried county
officer or employee, when such services have been necessary to or
occasioned by reason of the establishment of the watershed district.
Increase of maximum amount to be expended. At any time after
the establishment of a district pursuant to this article the maximum
amount authorized to be expended for the original improvement or for the
original improvement, the plans for which have been amended or modified
pursuant to section two hundred ninety-nine-n of this article, in such
district may be increased by resolution of the board of supervisors or
county legislature and provided said body shall, after a public hearing
called and held in the manner prescribed by section two hundred
fifty-four of this chapter, determine that it is in the public interest
to authorize the increase of such maximum amount and provided the
comptroller of the state of New York shall have made prior to such
public hearing an order approving the increase of such maximum amount.
The order of the comptroller shall be prepared in duplicate and one copy
thereof filed in the office of the department of audit and control and
the other copy in the office of the clerk of the county in which the
district is located.
Assessment of the cost. The expense of the establishment of a
watershed district and of providing improvements therein, including
modifications, shall be assessed, levied and collected in the same
manner as is provided in section two hundred seventy-one of this
chapter.
Extension of the district. A watershed district may be
extended so as to include territory not previously included within its
boundaries in the same manner as hereinbefore prescribed for the
original establishment of the watershed district. The cost of the
extension and of providing the improvements therein shall be assessed,
levied and collected as provided in section two hundred seventy-four of
this chapter, as now in effect or as hereafter amended.
Joint construction and operation of projects. Where two or
more adjoining counties have established agencies and have created
watershed districts for the purposes of this act in the watershed common
to the counties, the agencies and the administrative heads or bodies,
subject to the approval of their respective boards of supervisors, may
enter into agreements for the planning, installation, construction,
operation, maintenance, assessments of costs and repair of a joint small
watershed project. Any agency or agencies within this state, established
by a county or counties for the purposes of this act with respect to
small watersheds, may, subject to the approval of the board or boards of
supervisors of the county or counties, enter into agreements respecting
joint projects with one or more "local organizations" in other states as
defined in section ten hundred two of title sixteen of the United States
code. The provisions of all sections of this article concerning the
planning, installation, construction, operation, maintenance,
assessments of costs and repair of, and the approvals required for a
project within a single county of this state, shall apply with equal and
full force and effect to a joint project, but nothing herein shall be
deemed to prevent or restrict the additional applicability thereto of
any requirements of another state in any matter relating to its interest
or the interests of its subdivisions therein.
Jurisdiction of state agencies not affected. No provision of
this article shall be deemed to alter, repeal or modify the powers and
duties of the state departments of conservation, health and
transportation, the state water resources commission, the water
pollution and control board, and the state soil conservation committee.
Federal assistance. The watershed district is designated as a
"local organization" authorized to make application to the secretary of
agriculture of the United States for financial assistance in installing
and carrying out a district project under the provisions of said
"Watershed Protection and Flood Prevention Act".
The watershed district, as the local organization, is empowered, when
authorized by resolution adopted by the board of supervisors, to enter
into contracts or agreements with the secretary of agriculture for the
purpose of contracting indebtedness with the federal government for any
or all of the local share of the costs of such project, as provided for
in the said "Watershed Protection and Flood Prevention Act" as amended,
whenever such borrowing appears necessary and desirable, subject to the
provisions of the local finance law.
State aid. 1. Recognizing that general public benefits, in
terms of flood prevention, and erosion control, will accrue to the
people of the state, through the establishment of small watershed
protection projects because such benefits will go beyond the limits of
watershed districts and their parent counties; and recognizing that the
health, welfare, and prosperity of our people is enhanced by the proper
management, wise use, and development of our soil and water resources;
it is hereby declared to be a proper state purpose for the state to
provide financial reimbursement to the counties for a part of certain
local costs which must be met in the establishment of watershed
projects.
2. Such reimbursement shall not exceed one-half of the local
expenditure for the land, easements, and rights-of-way which are
necessary and required for the construction of flood prevention works,
not including land treatment measures, for which federal aid for
construction costs is granted pursuant to the said "Watershed Protection
and Flood Prevention Act". In the case of a joint project pursuant to
section two hundred ninety-nine-t, each county of this state
participating therein shall be entitled to claim for and receive state
aid in accordance with its pro rata share of the liabilities or
expenditures incurred or undertaken by said county on account thereof.
Application for such state reimbursement shall be made each year by the
county board of supervisors to the commissioner of conservation on or
before such date, and in such form and manner, as may be prescribed by
him. After his determination that such requests and the amounts thereof
are proper and in compliance with this article, he shall submit a
separate request for each project, as a part of his annual budget
requests and estimates for the department of conservation. The budget
item for each project shall contain the name of the project, the county
or counties in which located, and the amount of state reimbursement
requested therefor.
3. After funds have been appropriated therefor and are available, the
commissioner shall certify to the comptroller for payment the amount of
state reimbursement due each county. The amount so certified by the
commissioner, after audit by and on the warrant of the comptroller,
shall be paid to the county treasurers of the respective counties to
which state reimbursement is due.
4. The provisions of this section shall apply to projects, for which
reimbursement made subsequent to April first, nineteen hundred
sixty-three, was limited to twenty thousand dollars, to the extent of
the difference between twenty thousand dollars and one-half of such
local expenditure.
Certain powers of board of supervisors and soil conservation
districts not affected. Nothing in this article contained shall be
deemed to repeal, amend or modify the powers of the board of supervisors
as provided by section two hundred twenty-three of this chapter in
relation to flood control and soil conservation. Nothing in this article
contained shall be deemed to repeal the authority of a soil conservation
district to undertake any works or measures as authorized by the soil
conservation districts law, provided that federal financial aid pursuant
to the said "Watershed Protection and Flood Prevention Act" is neither
sought nor required in constructing and carrying out such works or
measures.
ARTICLE 6 Enhanced Emergency Telephone System Surcharge
Legislative findings and declaration of intent. The legislature
recognizes the paramount importance of the health, safety and welfare of
the citizens of the state and further recognizes that when the lives or
property of its citizens are in imminent danger that timely and
appropriate assistance must be rendered.
The legislature recognizes further that such assistance is almost
always summoned by telephone and that a multiplicity of emergency
telephone numbers exist within any one county and that unintentional,
though avoidable, delays in reaching appropriate emergency aid can and
do occur to the detriment and jeopardy of life and property.
The legislature acknowledges that the three digit number, 911, is a
nationally recognized and applied telephone number which may be used to
summon emergency aid and to eliminate delays caused by lack of
familiarity with emergency numbers and by understandable confusion in
circumstances of crisis.
The legislature finds that the enhanced emergency telephone service
known as E911 provides substantial benefits beyond basic 911 systems
through the provision of selective routing and automatic number and
location identification and that these enhancements not only
significantly reduce the response time of emergency services but also
represent the state of the art in fail-safe emergency telephone system
technology.
The legislature further finds that a major obstacle to the
establishment of an E911 system in the various counties within the state
is the cost of the telecommunication equipment and services which are
necessary to provide such system.
The legislature further finds and declares that, by the enactment of
the provisions of this article, it is the intent of the legislature to
fulfill its obligation to provide for the health, safety and welfare of
the people of this state by providing counties with a funding mechanism
to assist in the payment of the costs associated with establishing and
maintaining an E911 system and thereby considerably increase the
potential for providing all citizens of this state with the valuable
services inherent in an E911 system.
Definitions. When used in this article, the following words and
phrases shall have the following meanings unless the specific context
clearly indicates otherwise:
1. "Municipality" means any county except a county wholly contained
within a city and any city having a population of one million or more
persons.
2. "Board" means the board of supervisors of a county or an elected
county legislative body or city legislative body by whatsoever name
designated.
3. "E911 system" means an enhanced emergency telephone service which
automatically connects a person dialing the digits 9-1-1 to an
established public service answering point and which shall include, but
not be limited to, selective routing, automatic number identification
and automatic location identification.
4. "911 service area" means the area within the geographic boundaries
of a county which has established an E911 system.
5. "Public safety agency" means a functional division of a public
agency which provides or has the authority to provide police,
firefighting, emergency medical or ambulance services or other emergency
services or a private entity which provides emergency medical or
ambulance services.
6. "Public service answering point" means a communications facility
which first receives 911 calls from persons within a 911 service area
and which may, as appropriate, directly dispatch the services of a
public safety agency or extend, transfer, relay or otherwise route 911
calls to the appropriate public safety agency.
7. "Service supplier" means (i) a telephone corporation which provides
local exchange access service within a 911 service area, or (ii) a
provider of "voice over internet protocol service" or "VOIP service"
that provides such service within a 911 service area.
8. "System costs" means the costs associated with obtaining and
maintaining the telecommunication equipment, all operations and
maintenance costs and the telephone services costs necessary to
establish and provide an E911 system.
9. "Wireless communications device" means any equipment used to access
a wireless communications service.
10. "Wireless communications service" means all commercial mobile
services, as that term is defined in section 332(d) of title 47, United
States Code, as amended from time to time, including, but not limited
to, all broadband personal communications services, wireless radio
telephone services, geographic area specialized and enhanced specialized
mobile radio services, and incumbent-wide area specialized mobile radio
licensees, which offer real time, two-way voice or data service that is
interconnected with the public switched telephone network or otherwise
provides access to emergency communications services.
11. "Place of primary use" shall mean the street address
representative of where a wireless communications customer's use of the
wireless telecommunications service primarily occurs, and must be: (i)
the residential street address or the primary business street address of
the wireless communications customer and (ii) within the licensed
service area of the wireless communications service supplier.
12. "Wireless communications service supplier" means any commercial
entity that operates a wireless communications service in New York
state.
13. "Voice over internet protocol service" or "VOIP service" shall
mean any service that (i) enables real-time, two-way voice
communications; (ii) requires a broadband connection from the user's
location; (iii) requires internet protocol compatible customer premises
equipment (CPE); and (iv) permits users generally to receive calls that
originate on the public switched telephone network and to terminate
calls to the public switched telephone network.
Application of article. This article shall apply to every
county except a county wholly contained within a city and every city
having a population of a million or more persons.
Establishment of surcharge for system costs. 1.
Notwithstanding the provisions of any law to the contrary, any
municipality of this state, acting through its board, is hereby
authorized and empowered to adopt, amend or repeal local laws to impose
a surcharge in an amount not to exceed thirty-five cents per access line
per month on the customers of every service supplier within such
municipality to pay for the costs associated with obtaining, operating
and maintaining the telecommunication equipment and telephone services
needed to provide an enhanced 911 emergency telephone system to serve
such municipality, provided, however, that any municipality that is a
city having a population of one million or more is hereby authorized and
empowered to adopt, amend or repeal local laws to impose a surcharge in
an amount not to exceed one dollar per access line per month on the
customers of every service supplier within such municipality to pay for
the costs associated with obtaining, operating and maintaining the
telecommunication equipment and telephone services needed to provide an
enhanced 911 emergency telephone system to serve such municipality.
2. Any such local law shall state the amount of the surcharge, the
date on which the service supplier shall begin to add such surcharge to
the billings of its customers and, to the extent practicable, the date
on which such E911 service is to begin. Such local law may authorize the
service supplier to begin billing its customers for such surcharge prior
to the date the E911 system service is to begin.
3. Any service supplier within a municipality which has imposed a
surcharge pursuant to the provisions of this article shall be given a
minimum of forty-five days written notice prior to the date it shall
begin to add such surcharge to the billings of its customers or prior to
any modification to or change in the surcharge amount.
Application; limitations; exemptions. 1. The surcharge
established pursuant to the provisions of this article shall be imposed
on a per access line basis on all current bills rendered for local
exchange access service within the 911 service area.
2. Any such surcharge shall have uniform application and shall be
imposed throughout the entire municipality to the greatest extent
possible in conformance with the availability of such E911 system within
the municipality.
3. No such surcharge shall be imposed upon more than seventy-five
exchange access lines per customer per location.
4. Lifeline customers, a public safety agency and any municipality
which has enacted a local law pursuant to the provisions of this article
shall be exempt from any surcharge imposed under this article.
Collection of surcharge. 1. The appropriate service supplier or
suppliers serving a 911 service area shall act as collection agent for
the municipality and shall remit the funds collected as the surcharge to
the chief fiscal officer of the county every month. Such funds shall be
remitted no later than thirty days after the last business day of such
period.
2. The service supplier shall be entitled to retain as an
administrative fee an amount equal to two percent of its collections of
the surcharge.
3. The surcharge required to be collected by the service supplier
shall be added to and stated separately in its billings to the customer.
4. The service supplier shall annually provide to the municipality an
accounting of the surcharge amounts billed and collected.
Liability for surcharge. 1. Each service supplier customer who
is subject to the provisions of this article shall be liable to the
municipality for the surcharge until it has been paid to the
municipality, except that payment to a service supplier is sufficient to
relieve the customer from further liability for such surcharge.
2. The service supplier shall have no obligation to take any legal
action to enforce the collection of any surcharge. However, whenever
the service supplier remits the funds collected as the surcharge to the
county, it shall also provide the county with the name and address of
any customer refusing or failing to pay the surcharge imposed by this
article and shall state the amount of such surcharge remaining unpaid.
System revenues; adjustment of surcharge. All surcharge monies
remitted to the municipality by a service supplier and all other monies
dedicated to the payment of system costs from whatever source derived or
received by the municipality shall be expended only upon authorization
of the board and only for payment of system costs as permitted by this
article. The municipality shall separately account for and keep adequate
books and records of the amount and source of all such revenues and of
the amount and object or purpose of all expenditures thereof. If at the
end of any fiscal year the total amount of all such revenues exceeds the
amount necessary for payment of system costs in such fiscal year, such
excess shall be reserved and carried over for the payment of system
costs in the following fiscal year. However, if at the end of any fiscal
year such E911 reserved fund balance exceeds an amount equal to five
percent of that necessary for the payment of system costs in such fiscal
year, the board shall by local law reduce the surcharge for the
following fiscal year to a level which more adequately reflects the
system cost requirements of its E911 system. The board may also by local
law reestablish or increase such surcharge, subject to the provisions of
section three hundred three of this article, if the revenues generated
by such surcharge and by any other source are not adequate to pay for
system costs.
Miscellaneous provisions. 1. At least one public service
answering point within and serving the 911 service area of a
municipality which has enacted a local law or resolution pursuant to the
provisions of this article shall be operated on a twenty-four hour
basis.
2. The board may also apply for and accept federal monies and may
accept contributions and donations from any source for the purpose of
funding an E911 emergency telephone system.
3. Nothing contained in this article shall require the imposition of a
surcharge by a municipality which has established or plans to establish
an E911 system to serve such municipality nor preclude other means of
funding all or part of an E911 system nor require the operation or
establishment of such system by any municipality.
4. Records, in whatever form they may be kept, of calls made to a
municipality's E911 system shall not be made available to or obtained by
any entity or person, other than that municipality's public safety
agency, another government agency or body, or a private entity or a
person providing medical, ambulance, mental health crisis, substance use
crisis, or other emergency services, and shall not be utilized for any
commercial purpose other than the provision of emergency services.
ARTICLE 6-A Local Enhanced Wireless 911 Program
Definitions. When used in this article, the following words and
phrases shall have the following meanings unless the specific context
clearly indicates otherwise:
1. "Wireless telephone service" shall have the same meaning as the
term "wireless communications service" as defined in section three
hundred one of this chapter.
2. "Wireless telephone service supplier" shall have the same meaning
as the term "wireless communications service supplier" as defined in
section three hundred one of this chapter.
3. "Service supplier" means a telephone corporation which provides
local exchange access service within a 911 service area.
4. "Enhanced wireless 911 service" means the service required to be
provided by wireless telephone service suppliers pursuant to the FCC
order.
5. "FCC order" means all orders issued by the Federal Communications
Commission pursuant to the proceeding entitled "Revision of the
Commission's Rule to Ensure Compatibility with Enhanced 911 Emergency
Calling Systems" (CC Docket No. 94-102; RM-8143), or any successor
proceeding, regarding the delivery of ANI and ALI as of the dates and
according to the other criteria established therein and the rules
adopted by the Federal Communications Commission in any such proceeding,
as such rules may be amended from time to time.
6. "Automatic number identification" or "ANI" means the delivery or
receipt of the telephone number assigned to the wireless device being
used to place a 911 call.
7. "Automatic location information" or "ALI" means the delivery or
receipt of the approximate geographic location, as specified in the FCC
order, of the wireless device being used to place a 911 call.
8. "Basic wireless 911 service" means the ability of wireless
telephone service subscribers to dial the digits 9-1-1 and be connected
to a local public safety answering point or a state public safety
answering point.
9. "State public safety answering point" means a site designated and
operated by the division of state police for the purposes of receiving
emergency calls from customers of a wireless telephone service supplier.
10. "Local public safety answering point" means a site designated and
operated by a local governmental entity for the purpose of receiving
emergency calls from customers of a wireless telephone service supplier.
11. "Wireless telecommunications facility" means any unstaffed
facility used in the receipt and transmission of wireless telephone
service, including but not limited to antennas, ancillary
telecommunications equipment and telecommunications towers or poles.
12. "Direct dispatch" shall mean that the public safety answering
point can, by encoding or toning, alert the responding agency without
having to relay or reroute calls unless the call originates outside the
jurisdiction.
13. "Board" shall mean the New York state 911 board.
14. "Jurisdictional protocol" shall mean a written agreement entered
into by two or more law enforcement agencies setting forth procedures to
ensure the organized, coordinated, and prompt mobilization of personnel,
equipment, services, or facilities in order to achieve the fastest
response to a 911 emergency.
15. "Fund" shall mean the statewide public safety communications
account established pursuant to section ninety-seven-qq of the state
finance law.
16. "Eligible wireless 911 service costs" shall mean costs eligible
for reimbursement and shall include the actual costs incurred by the
locality related to the design, installation, operation, or maintenance
of a system to provide enhanced wireless 911 service, including, but not
limited to, hardware, software, consultants, financing and other
acquisition costs.
17. "Expedited deployment funding" means eligible wireless 911 costs
estimated to be incurred by local public safety answering points for
enhanced wireless 911 service.
New York state interoperable and emergency communication board.
The "New York state interoperable and emergency communication board" is
hereby established within the division of homeland security and
emergency services. The board shall assist local governments, service
suppliers, wireless telephone service suppliers and appropriate state
agencies by facilitating the most efficient and effective routing of 911
emergency calls; developing minimum standards for public safety
answering points; promoting the exchange of information, including
emerging technologies; and encouraging the use of best practice
standards among the public safety answering point community.
New York state interoperable and emergency communication board
membership. 1. The board shall consist of twenty-five members who shall
be selected as follows:
(a) one shall be the statewide interoperable and emergency
communication coordinator, or his or her designee, who shall be the
chairperson of the board;
(b) one shall be the commissioner of criminal justice services, or his
or her designee;
(c) one shall be the superintendent of the state police, or his or her
designee;
(d) one shall be the adjutant general of the division of military and
naval affairs, or his or her designee;
(e) one shall be the commissioner of the division of homeland security
and emergency services, or his or her designee;
(f) one shall be the commissioner of the department of transportation,
or his or her designee;
(g) one shall be the commissioner of the department of health, or his
or her designee;
(h) one shall be the director of the office of information technology
services, or his or her designee;
(i) seven shall be appointed by the governor; provided, however, that
no more than two such appointments made pursuant to this paragraph shall
be from the same category of members as provided for in subdivision two
of this section;
(j) five shall be appointed by the governor upon the recommendation of
the temporary president of the senate; provided, however, that no more
than one such appointment made pursuant to this paragraph shall be from
the same category of members as provided for in subdivision two of this
section; and
(k) five shall be appointed by the governor upon the recommendation of
the speaker of the assembly; provided, however, that no more than one
such appointment made pursuant to this paragraph shall be from the same
category of members as provided for in subdivision two of this section.
2. The members appointed upon the recommendation of the temporary
president of the senate and the speaker of the assembly, and the members
appointed by the governor pursuant to paragraph (c) of subdivision one
of this section, shall have experience with interoperable and emergency
communication issues, and shall be representative of chiefs of police,
sheriffs, fire chiefs and departments, ambulance service providers,
including proprietary or volunteer ambulance services, county 911
coordinators, emergency managers, local elected officials,
non-governmental organizations specializing in disaster relief, tribal
nation representation, and statewide first responder associations, or
representatives of consumer interests.
3. Each board member shall be appointed for a term of four years.
Vacancies in the board occurring otherwise than by expiration of a term
shall be filled for the unexpired term in the same manner as the
original appointment. The board shall meet as frequently as it may deem
necessary and at least four times each year on such dates as agreed upon
by the board. The board may approve and from time to time amend bylaws
in relation to its meetings and the transaction of its business. A
majority of the members of the board then in office shall constitute a
quorum for the transaction of any business or the exercise of any power
by the board.
4. Members of the board shall receive no compensation for their
services, but shall be reimbursed for actual and necessary expenses
incurred by them in the performance of their duties. Notwithstanding any
inconsistent provisions of law, no officer or employee of the state or
any political subdivision of the state shall forfeit such office or
employment by reason of acceptance or appointment as a member of the
board. For purposes of section thirteen of article thirteen of the state
constitution, membership on the board by a sheriff shall not constitute
public office.
5. Article two of the state administrative procedure act shall not
apply, provided, however, that the board shall publicly post the
standards proposed pursuant to section three hundred twenty-eight of
this article no later than forty-five days prior to their adoption. Such
standards shall be posted in appropriate publications, the state
register and on the division of homeland security and emergency
services' website. During such forty-five day period, the board shall
receive and consider public comment on the proposed standards before
adopting final standards. Upon final adoption, those standards adopted
pursuant to section three hundred twenty-eight of this article shall be
posted in appropriate publications, the state register and on the
division of homeland security and emergency services' website.
6. The board shall be subject to articles six and seven of the public
officers law.
Powers and duties of the board. 1. The board shall serve as a
resource center for the gathering and dissemination of information and
provide other assistance relating to 911 services and technologies.
2. The board shall monitor and periodically review the provision of
911 services throughout the state, including but not limited to,
conformance with applicable standards.
3. The board shall assist municipalities in developing plans to
establish and implement enhanced 911 services utilizing state-of-the-art
technologies and management systems.
4. (a) The board shall promulgate minimum standards for the operation
of public safety answering points, which shall include, but not be
limited to, minimum staffing requirements, minimum educational
qualifications for 911 call-takers and dispatchers, and minimum training
requirements for 911 call-takers and dispatchers, but which shall not
include those standards required by paragraph (b) of this subdivision.
In promulgating such standards, the board shall examine national models
of best practice. Such standards shall be promulgated no later than
October first, two thousand three.
(b) In addition, the board shall promulgate minimum standards
regarding direct dispatch of all emergency services and jurisdictional
protocols. Such standards shall be promulgated no later than April
first, two thousand three.
5. The board shall adopt standards governing reasonable eligible
wireless 911 service costs for expedited deployment funding of enhanced
wireless 911 service, repayment provisions, and the criteria for
approval of priority enhanced wireless 911 plans for expedited
deployment funding. Standards for expedited deployment funding shall
consider whether the projected costs are reasonably necessary for the
provision of enhanced wireless 911 service and whether the priority
enhanced wireless plan conforms to the FCC order.
6. The board shall review the certification and information submitted
by a local public safety answering point, local governmental entity or
the division of state police to ensure the public safety answering
points are in compliance with the applicable standards that the board
has promulgated pursuant to subdivision four of this section. Where the
board determines that a local or state public safety answering point is
not in compliance with the applicable standards promulgated pursuant to
subdivision four of this section, the board shall follow the procedures
outlined in section three hundred twenty-nine of this article.
7. The board shall develop procedures for a local government to
terminate the routing of wireless 911 service calls to a local public
safety answering point for such local government.
8. The board shall develop and implement an educational plan for
informing the public about the enhanced wireless 911 service in New York
state. This plan shall include, but not be limited to, an explanation of
the enhanced wireless 911 system and a progress report on the
county-by-county implementation of the statewide system. This
information shall be provided via electronic, paper and telephonic
means. Access to such information shall be made available for remote
computer users through the internet or via telephone calls through a
toll-free hotline number. This plan shall be updated as new information
becomes available to the board not less than four times per year.
9. The board shall issue an annual report to the governor, the
temporary president of the senate, the minority leader of the senate,
the speaker of the assembly, and the minority leader of the assembly, on
or before March first of each year, regarding the board's activities in
the previous calendar year, including but not limited to, the status of
911 services across the state, including the extent to which public
safety answering points across the state are equipped to receive
enhanced wireless 911 calls, the allocation of moneys from the fund
including allocations made and not disbursed, and the disbursements of
moneys from the fund.
10. a. The New York state interoperable and emergency communication
board shall make recommendations to the commissioner of the division of
homeland security and emergency services on the expenditure of grants
and other funding programs related to interoperable and emergency
communications. In carrying out this responsibility, and consistent with
the mission of the division of homeland security and emergency services,
the board will make recommendations related to the development,
coordination and implementation of policies, plans, standards, programs
and services related to interoperable and emergency communications,
including but not limited to ensuring compliance with federal mandates
for interoperable communications and compatibility with the National
Incident Management System.
b. The board, in fulfilling its role to provide ongoing guidance
regarding policies, plans, standards, programs and services related to
interoperable and emergency communications, shall:
(1) establish structures and guidelines to maintain interoperable
communications planning and coordination at the statewide level;
(2) establish, promulgate and revise standards for the operation of
public safety answering points; and
(3) establish guidelines regarding the creation of regionally based
radio communications systems compatible with the structures and
guidelines created under subparagraph one of this paragraph and with
federal mandates and best practices.
Powers and duties of the chairperson. 1. The chairperson of
the board shall coordinate efforts among other executive agencies having
an interest in the duties of the board, and shall consult with such
agencies in carrying out the duties of the board.
2. The chairperson shall receive such assistance as required to carry
out its duties from staff of the division of homeland security and
emergency services designated for such purposes, as well as staff
members recommended by other state agencies to the chairperson.
3. The board may request and receive from any department, division,
board, bureau, commission, or other agency of the state or any political
subdivision thereof such assistance, information, and data as will
enable the board to properly carry out its functions, powers, and duties
under this article.
Certification of compliance with board standards. 1. Local
public safety answering points. (a) Each operator of a local public
safety answering point shall affirmatively certify biennially that such
local public safety answering point complies with the standards
promulgated by the board pursuant to subdivision four of section three
hundred twenty-eight of this article; provided, however, that the
operator of a local public safety answering point operated within or by
a county with a population of more than one million or a local public
safety answering point servicing a city with a population in excess of
one hundred thousand according to the federal decennial census of two
thousand which received wireless 911 calls on or before the effective
date of this article must only affirmatively certify that such local
public safety answering point complies with the standards promulgated
pursuant to paragraph (a) of subdivision four of section three hundred
twenty-eight of this article. Such certification, together with a list
of all service suppliers and wireless telephone service suppliers which
provide 911 service to such local public safety answering point and,
where questions of jurisdiction may arise and the local public safety
answering point is subject to paragraph (b) of subdivision four of
section three hundred twenty-eight of this article, a statement of the
jurisdictional protocols utilized by public safety agencies within the
911 service area for the provision of emergency services, shall be
transmitted to the chairperson of the board.
(b) If the board determines that a local public safety answering point
is not in compliance with the applicable standards promulgated by the
board pursuant to subdivision four of section three hundred twenty-eight
of this article, the board shall notify the operator of the local public
safety answering point and the chief executive officer of the local
governing body which operates the local public safety answering point in
writing of such failure to comply and the reasons therefor and shall
specify any measures which shall be undertaken to secure compliance.
Within one hundred twenty days of such notification the operator of the
local public safety answering point shall submit a plan of correction to
the board and to the chief executive officer of the local governing body
which operates the local public safety answering point. If the board
determines that the plan of correction is not satisfactory, the board
shall advise the operator of the local public safety answering point and
the chief executive officer of the manner in which the plan of
correction is not satisfactory and shall specify the measures necessary
to obtain compliance and the operator of the local public safety
answering point shall submit a revised plan of correction within thirty
days. Following the board's approval of a plan of correction, the board
shall monitor the local public safety answering point for compliance
with the plan of correction. Upon a written finding by the board that a
local public safety answering point has failed to substantially adhere
to its plan of correction, or upon the failure of a local public safety
answering point to submit a plan of correction acceptable to the board,
such local public safety answering point shall not be eligible to
receive reimbursement of eligible wireless 911 service costs pursuant to
section three hundred thirty-one of this article, until such time as the
board finds the local public service answering point to be in
compliance.
2. State public safety answering points. (a) The superintendent of the
division of state police shall affirmatively certify biennially that all
state public safety answering points are in compliance with the
standards promulgated by the board pursuant to paragraph (a) of
subdivision four of section three hundred twenty-eight of this article.
Such certification, together with a list of all wireless telephone
service suppliers licensed by the federal communications commission that
own, operate or control wireless telecommunications facilities located
in the geographical area or areas in which the state public safety
answering points receive 911 calls, a list of all service suppliers
within such geographical area or areas and, where questions of
jurisdiction may arise, a statement of jurisdictional protocols utilized
by public safety agencies within such geographical areas for the
provision of emergency services, shall be transmitted to the chairperson
of the board.
(b) If the board determines that a state public safety answering point
is not in compliance with the applicable standards promulgated by the
board pursuant to paragraph (a) of subdivision four of section three
hundred twenty-eight of this article, the board shall notify the
superintendent of the division of state police in writing of such state
public safety answering point's failure to comply and the reasons
therefor and shall specify any measures which shall be undertaken to
secure compliance. Within one hundred twenty days of such notification
the superintendent of the division of state police shall submit a plan
of correction to the board. If the board determines that the plan of
correction is not satisfactory, the board shall advise the
superintendent of the division of state police and the state public
safety answering point of the manner in which the plan of correction is
not satisfactory and shall specify the measures necessary to obtain
compliance and the superintendent of the division of state police shall
submit a revised plan of correction within thirty days. Following the
board's approval of a plan of correction, the board shall monitor the
state public safety answering point for compliance with the plan of
correction. Upon a written finding by the board that a state public
safety answering point has failed to substantially adhere to its plan of
correction, or upon the failure of a state public safety answering point
to submit a plan of correction acceptable to the board, the board shall
notify the chief executive officer of each local government served by
such state public safety answering point that the state public safety
answering point is not in compliance with applicable standards.
Routing of wireless 911 service calls. 1.(a) Counties may
designate more than one local public safety answering point to receive
wireless 911 service calls if:
(1) the wireless telephone service suppliers licensed by the federal
communications commission to serve the county unanimously agree in
writing with such county to more than one local public safety answering
point for the county and such local public safety answering points are
in compliance with the applicable requirements of this article; or
(2) wireless 911 calls handled by wireless telecommunications
facilities in such county were routed to more than one local public
safety answering point on the effective date of this section; and:
(A) the designation of and routing to more than one local public
safety answering point involves no additional routing of wireless 911
service calls to more than one local public safety answering point than
was in effect on the effective date of this section and involves routing
to the same local public safety answering points that received wireless
911 calls on the effective date of this section; and
(B) the multiple local public safety answering points designated by a
county pursuant to this subdivision are in compliance with the
applicable requirements of this article.
(b) A county that is served exclusively by a state public safety
answering point after the effective date of this section may elect to
designate a local public safety answering point to receive all wireless
911 calls from wireless telephone service suppliers that own, operate or
control wireless telecommunications facilities located in such county.
Such county shall make such designation pursuant to a duly adopted
resolution of the county governing board. Such resolution shall also
state that such local wireless public safety answering point complies
with the standards promulgated by the board pursuant to subdivision four
of section three hundred twenty-eight of this article. The county shall
also submit to the board the ten-digit telephone number to which the
wireless telephone service suppliers with wireless telecommunications
facilities located in such geographical area shall route wireless 911
service calls. Upon the filing of such resolution, the board shall
authorize the routing of wireless 911 calls to a local public safety
answering point and shall notify all wireless telephone service
suppliers which are licensed by the federal communications commission in
such county of such designation and the ten-digit telephone number to
which the wireless telephone service suppliers with wireless
telecommunications facilities located in such geographical area shall
route wireless 911 service calls. The board shall also notify the
superintendent of state police of such designation when, at the time of
such designation, a state public safety answering point was receiving
all wireless 911 service calls.
(c) Until such time as the standards required by subdivision four of
section three hundred twenty-eight of this article have been promulgated
by the board, each county that elects, pursuant to paragraph (b) of this
subdivision, to re-route all wireless 911 service calls to a local
public safety answering point must, in addition to the items required to
be filed pursuant to paragraph (b) of this subdivision, file a service
plan with the chairperson of the board. The service plan shall, at a
minimum, include the following: a statement that the local public safety
answering point is capable of direct dispatch of all emergency services;
the names of all wireless telephone service suppliers licensed by
federal communications commission that own, operate or control wireless
telecommunications facilities located in such county; the ten-digit
telephone number to which the wireless telephone service suppliers with
wireless telecommunications facilities located in such county shall
route wireless 911 calls; an analysis of projected call volume; a
statement of staff education and training; an analysis of the applying
local public safety answering point's technical, personnel and other
resources; and an analysis of the applying local public safety answering
point's capacity to receive and dispatch wireless 911 calls effectively.
Where questions of jurisdiction may arise, the county shall also be
required to submit a detailed statement outlining the jurisdictional
protocols among law enforcement agencies which have been established.
Where a period of sixty days or more has lapsed since the county has
proposed a jurisdictional protocol to the appropriate state police troop
commander and no final determination has been rendered, the county may
request that the superintendent of state police review such protocols
and render such determinations as may be appropriate. The board shall
transmit a copy of such service plan to the superintendent of the
division of state police and all wireless telephone service suppliers
that are licensed by the federal communications commission in such
county. In the absence of the filing of a service plan, the state public
safety answering point shall receive all wireless 911 calls.
(d) A local government may elect to terminate the routing of all
wireless 911 service calls to a local public safety answering point for
such locality in accordance with procedures to be promulgated by the
board.
(e) Notwithstanding the provisions of this subdivision, where a local
public safety answering point is receiving wireless 911 service calls on
the effective date of this section, the local government shall not be
required to file a service plan pursuant to this subdivision, nor shall
such local government be required to file a designation of such local
wireless public safety answering point pursuant to paragraph (b) of this
subdivision.
2. (a) Upon receipt of notification from the board of the designation
of a local public safety answering point, as provided in paragraph (b)
of subdivision one of this section, or upon notification of the filing
of a service plan, as provided in paragraph (c) of subdivision one of
this section, a wireless telephone service supplier with one or more
wireless telecommunications facilities located in such county shall
route all wireless 911 calls handled by wireless telecommunications
facilities in the designating county to such local public safety
answering point.
(b) Where more than one local public safety answering point has been
designated to receive wireless 911 calls, a wireless telephone service
supplier with one or more wireless telecommunications facilities located
in such county shall route wireless 911 calls handled by wireless
telecommunications facilities in the designating county to such local
public safety answering points in accordance with the agreement between
the county and the wireless telephone service supplier.
(c) Within ninety days of receiving notice from the board of the
designation of a local public safety answering point, any wireless
telephone service suppliers that are not required by law to provide the
designated local public safety answering point with enhanced wireless
911 service shall route all basic wireless 911 calls to the local public
safety answering point.
(d) For wireless telephone service suppliers that are required to
provide the designated local public safety answering point with enhanced
wireless 911 service, the wireless telephone service supplier shall
route all enhanced wireless 911 calls to the designated local public
safety answering point within the time frames and requirements of the
FCC order to initially provide such enhanced wireless 911 service.
3. In a county where there is no requirement to route a wireless 911
call to a designated local public safety answering point, the wireless
telephone service suppliers shall route all such calls transmitted or
received by wireless telecommunications facilities in that county to the
state public safety answering point.
* § 331. Funding of local public safety answering points. 1. A local
public safety answering point shall be eligible for reimbursement of
eligible wireless 911 service costs. Applications for reimbursement
shall be in a form and manner determined by the department of state and
shall be submitted by a municipality, as defined in section three
hundred one of this chapter. Any local public safety answering point
operated by a political subdivision or a local public safety answering
point operated by a not-for-profit corporation under contract with a
political subdivision, within a county with a population in excess of
one million according to the federal decennial census of two thousand
shall be eligible to share in any reimbursement received by such county,
provided, however, that such local public service answering point had
received wireless calls on or before the effective date of this article.
Any county which contains a city with a population in excess of one
hundred thousand according to the federal decennial census of two
thousand which city is serviced by a local public safety answering point
that received wireless 911 calls on or before the effective date of this
article shall be required to share any reimbursement received by such
county with such city in accordance with section three hundred
thirty-two of this article. The applicant shall distribute its
reimbursement to eligible local public safety answering points in
accordance with an equitable distribution based upon eligible wireless
911 service costs incurred; no local public safety answering point
eligible under this subdivision shall be denied reimbursement for such
eligible costs, provided that there are funds available to the applicant
pursuant to section three hundred thirty-two of this article.
2. In order to be eligible for funding pursuant to this section, a
local public safety answering point must be in compliance with the
standards promulgated pursuant to paragraphs (a) and (b) of subdivision
four of section three hundred twenty-eight of this article, provided,
however, that a local public safety answering point operated within or
by a county with a population of more than one million or a local public
safety answering point servicing a city with a population in excess of
one hundred thousand according to the federal decennial census of two
thousand which received wireless 911 calls on or before the effective
date of this article must only be in compliance with the standards
promulgated pursuant to paragraph (a) of subdivision four of section
three hundred twenty-eight of this article.
3. (a) Until such time as the standards developed pursuant to
subdivision four of section three hundred twenty-eight of this article
have been promulgated, or until October first, two thousand three,
whichever is later, and subject to appropriation by the legislature, the
executive board, upon the recommendation of the department of state,
shall distribute moneys from the fund to the applicant for the
reimbursement of eligible wireless 911 service costs pursuant to section
three hundred thirty-two of this article. Any action taken by the
executive board to distribute moneys shall be by unanimous decision of
the executive board.
(b) The department of state shall make recommendations to the
executive board, at a minimum, on a quarterly basis regarding all
requests for reimbursement. The executive board shall make final
determinations with respect to such recommendations not later than the
end of the following quarter.
4. (a) After such time as the standards required pursuant to
subdivision four of section three hundred twenty-eight of this article
have been promulgated, and subject to appropriation by the legislature,
the department of state shall distribute moneys from the fund to the
applicant for the reimbursement of eligible wireless 911 services costs
pursuant to section three hundred thirty-two of this article.
(b) An applicant that has been denied moneys pursuant to paragraph (a)
of this subdivision or that has been denied an extension of time to
qualify for receipt of such moneys may appeal such denial to the board.
5. The department of state shall have the power to make, execute, and
deliver contracts, conveyances, and other instruments necessary to
effect the purposes and objectives of this subdivision. The department
of state may grant an extension of time to a municipality to seek
reimbursement for eligible 911 service costs for good cause shown.
* NB Repealed upon notification by the director of budget upon
cessation of adverse effects
* § 332. Allocations. 1. Of the monies appropriated to the department
of state from the miscellaneous special revenue fund - (339), local
wireless public safety answering point account, the department of state
shall allocate such monies annually for eligible wireless 911 service
costs based on the population of an eligible municipality in proportion
to other eligible municipalities, from federal census data as determined
in the two thousand census. On or before August first, two thousand two,
and annually thereafter, the department of state shall determine the
municipalities eligible to apply for reimbursement of eligible wireless
911 service costs. "Municipality" as used in this section shall have the
same meaning as in section three hundred one of this chapter. A
municipality shall be eligible to apply for reimbursement if a local
public safety answering point has operated in such municipality at any
time during the twelve month period immediately preceding the annual
determination of eligible municipalities.
2. A municipality shall be eligible for one hundred percent of the
total amount allocated to the municipality except that in any
municipality where on the effective date of this subdivision a local
public safety answering point serviced a city, town or village within
the municipality, such city, town or village shall be entitled to share
in such allocation pursuant to section three hundred thirty-one of this
article. The municipality shall distribute its allocations to eligible
local public safety answering points in accordance with an equitable
distribution based upon eligible 911 service costs incurred.
3. Notwithstanding paragraph two of this section, of the monies
appropriated to the department of state from the miscellaneous special
revenue fund (339), local wireless public safety answering point
account, seven and one-half percent in state fiscal year two thousand
two--two thousand three, ten percent in state fiscal year two thousand
three--two thousand four, and five percent in state fiscal year two
thousand four--two thousand five of the total amount available shall be
allocated exclusively for costs incurred in commencing the provision of
wireless 911 service after January first, nineteen hundred ninety-three
and prior to January first, two thousand two by local public safety
answering points that received wireless 911 calls during such period. On
or before August first, two thousand two the department of state shall
determine the municipalities eligible to apply for reimbursement
pursuant to this subdivision and shall allocate such moneys among the
eligible municipalities on a per capita basis in accordance with federal
census data as determined in the two thousand census. Such costs shall
include capital expenditures related to the operation of local public
safety answering points, including any reasonable costs incurred to
facilitate the sharing of basic or enhanced wireless 911 information.
4. The department of state shall calculate the allocations and notify
each eligible municipality by September fifteenth of each year of the
amount of its allocation or allocations that shall be available for that
year. Allocations for each year may be utilized by an eligible
municipality in whole or in part for a period of thirty-six months after
the department of state notifies the eligible municipality of its
allocation, provided, however that an allocation can be combined with
subsequent allocations. The department of state may grant an extension
of time to a municipality to utilize its allocation for good cause
shown. If after the three year period, any amount of the allocation is
not expended, disbursed or encumbered, such allocations shall be
available for the next calculation of allocations for all eligible
municipalities.
* NB Repealed upon notification by the director of budget upon
cessation of adverse effects
Expedited deployment funding of local public safety answering
points. 1. Only local public safety answering points designated and
operated by a governmental entity, other than the state police, shall be
eligible for expedited deployment funding.
2. To apply for expedited deployment funding, such local public safety
answering points shall submit a written enhanced wireless 911 plan. An
enhanced wireless 911 plan shall include the following information and
such other information as may be required pursuant to standards adopted
by the board:
(a) a timeframe for planned enhanced wireless 911 implementation;
(b) a list of all wireless service suppliers licensed to provide
service in the county;
(c) a financial plan, including a summary of projected costs related
to equipment purchase, installation and approved maintenance necessary
to provide enhanced wireless 911 service;
(d) a list of specific projects eligible for expedited deployment
funding contained in the financial plan;
(e) a description of technologies to be used to provide enhanced
wireless 911 service;
(f) documentation supporting the local public safety answering point's
ability to receive and utilize enhanced wireless 911 information within
one hundred eighty days of the submission of the plan; and
(g) a resolution from the governmental entity supporting the local
public safety answering point's request for expedited deployment
funding.
3. The board shall have ninety days to review and approve such local
public safety answering point's enhanced wireless 911 plan. The plan
shall be determined by the board to be complete or incomplete within
ninety days of receipt of the plan. If the board does not issue a
determination of completeness or incompleteness within ninety days of
receipt of the plan, the plan shall be deemed approved. Upon approval of
the local public safety answering point's plan, the board shall submit
recommendations for expedited deployment funding contained in an
approved enhanced wireless 911 plan to the New York state dormitory
authority on a monthly basis pursuant to the provisions of section
sixteen hundred eighty-nine-h of the public authorities law.
4. (a) The dormitory authority shall make final determinations with
respect to such recommendations not later than the end of the following
month and shall convey such recommendations to the department of state.
(b) The department of state, in accordance with the final
determinations by the dormitory authority, shall distribute monies
appropriated for this purpose to the local public safety answering point
for the payment of eligible wireless 911 service costs pursuant to this
section and in accordance with the provisions of section sixteen hundred
eighty-nine-h of the public authorities law.
(c) A local public safety answering point whose plan has been denied
or who has been denied funding may appeal such denial to the board.
5. Following distribution of expedited deployment funds, the local
public safety answering points shall submit receipts to accompany the
approved vouchers demonstrating that such expenditures have been
incurred. Any local public safety answering point which utilizes
expedited deployment funding for purposes other than those authorized by
the board shall be provided with written notice by the board of such
unauthorized expenditures. Upon receipt of the notice, the local public
safety answering point shall cease making any expenditure involving
expedited deployment funding. The local public safety answering point
may petition and shall receive a hearing before the board within a
reasonable time. At the board's discretion, the local public safety
answering point shall be required to refund within thirty days any
expedited deployment funding spent on unauthorized expenditures. Local
public safety answering points which fail to cease making unauthorized
expenditures or fail to comply with a request to refund expedited
deployment funding shall be subject to a suspension of future funding by
the board.
6. Money shall not be allocated for any item other than eligible
wireless 911 service costs as defined in subdivision sixteen of section
three hundred twenty-five of this article.
* § 334. County of Onondaga enhanced 911 emergency telephone system.
1. Notwithstanding the provisions of any law to the contrary, the
county of Onondaga acting through its local county legislative body, is
hereby authorized and empowered to adopt, amend or repeal local laws to
impose a surcharge, in addition to the surcharge established and imposed
under section three hundred three of the county law, in an amount not to
exceed sixty-five cents per access line per month on the customers of
every service supplier within such municipality to pay for the costs
associated with obtaining, operating and maintaining the
telecommunication equipment and telephone services needed to provide an
enhanced 911 (E911) emergency telephone system to serve such county.
2. Any such local law shall state the amount of the surcharge, the
date on which the service supplier shall begin to add such surcharge to
the billings of its customers and, to the extent practicable, the date
on which such E911 service is to begin. Such local law may authorize the
service supplier to begin billing its customers for such surcharge prior
to the date the E911 system service is to begin.
3. Any service supplier within a municipality which has imposed a
surcharge pursuant to the provisions of this section shall be given a
minimum of forty-five days written notice prior to the date it shall
begin to add such surcharge to the billings of its customers or prior to
any modification to or change in the surcharge amount.
4. The surcharge established pursuant to the provisions of this
section shall be imposed on a per access line basis on all current bills
rendered for local exchange access service within the 911 service area.
5. No such surcharge shall be imposed upon more than seventy-five
exchange access lines per customer per location.
6. Lifeline customers, a public safety agency and any municipality
which has enacted a local law pursuant to the provisions of this section
shall be exempt from any surcharge imposed under this section.
* NB Repealed July 28, 2029
* § 335. County of Tompkins enhanced 911 emergency telephone system.
1. Notwithstanding the provisions of any law to the contrary, the
county of Tompkins acting through its local county legislative body, is
hereby authorized and empowered to adopt, amend or repeal local laws to
impose a surcharge, in addition to the surcharge established and imposed
under section three hundred three of the county law, in an amount not to
exceed sixty-five cents per access line per month on the customers of
every service supplier within such municipality to pay for the costs
associated with obtaining, operating and maintaining the
telecommunication equipment and telephone services needed to provide an
enhanced 911 (E911) emergency telephone system to serve such county.
2. Any such local law shall state the amount of the surcharge, the
date on which the service supplier shall begin to add such surcharge to
the billings of its customers and, to the extent practicable, the date
on which such E911 service is to begin. Such local law may authorize the
service supplier to begin billing its customers for such surcharge prior
to the date the E911 system service is to begin.
3. Any service supplier within a municipality which has imposed a
surcharge pursuant to the provisions of this section shall be given a
minimum of forty-five days written notice prior to the date it shall
begin to add such surcharge to the billings of its customers or prior to
any modification to or change in the surcharge amount.
4. The surcharge established pursuant to the provisions of this
section shall be imposed on a per access line basis on all current bills
rendered for local exchange access service within the 911 service area.
5. No such surcharge shall be imposed upon more than seventy-five
exchange access lines per customer per location.
6. Lifeline customers, a public safety agency and any municipality
which has enacted a local law pursuant to the provisions of this section
shall be exempt from any surcharge imposed under this section.
* NB Repealed July 11, 2029
* § 336. County of Broome enhanced 911 emergency telephone system. 1.
Notwithstanding the provisions of any law to the contrary, the county of
Broome acting through its local county legislative body, is hereby
authorized and empowered to adopt, amend or repeal local laws to impose
a surcharge, in addition to the surcharge established and imposed under
section three hundred three of this chapter, in an amount not to exceed
one dollar and thirty cents per access line per month on the customers
of every service supplier within such municipality to pay for the costs
associated with obtaining, operating and maintaining the
telecommunication equipment and telephone services needed to provide an
enhanced 911 (E911) emergency telephone system to serve such county.
2. Any such local law shall state the amount of the surcharge, the
date on which the service supplier shall begin to add such surcharge to
the billings of its customers and, to the extent practicable, the date
on which such E911 service is to begin. Such local law may authorize the
service supplier to begin billing its customers for such surcharge prior
to the date the E911 system service is to begin.
3. Any service supplier within a municipality which has imposed a
surcharge pursuant to the provisions of this section shall be given a
minimum of forty-five days written notice prior to the date it shall
begin to add such surcharge to the billings of its customers or prior to
any modification to or change in the surcharge amount.
4. The surcharge established pursuant to the provisions of this
section shall be imposed on a per access line basis on all current bills
rendered for local exchange access service within the 911 service area.
5. No such surcharge shall be imposed upon more than seventy-five
exchange access lines per customer per location.
6. Lifeline customers, a public safety agency and any municipality
which has enacted a local law pursuant to the provisions of this section
shall be exempt from any surcharge imposed under this section.
* NB There are 2 § 336's
* NB Repealed July 27, 2029
* § 337. County of Tioga enhanced 911 emergency telephone system. 1.
Notwithstanding the provisions of any law to the contrary, the county of
Tioga acting through its local county legislative body, is hereby
authorized and empowered to adopt, amend or repeal local laws to impose
a surcharge, in addition to the surcharge established and imposed under
section three hundred three of this chapter, in an amount not to exceed
one dollar per access line per month on the customers of every service
supplier within such municipality to pay for the costs associated with
obtaining, operating and maintaining the telecommunication equipment and
telephone services needed to provide an enhanced 911 (E911) emergency
telephone system to serve such county.
2. Any such local law shall state the amount of the surcharge, the
date on which the service supplier shall begin to add such surcharge to
the billings of its customers and, to the extent practicable, the date
on which such E911 service is to begin. Such local law may authorize the
service supplier to begin billing its customers for such surcharge prior
to the date the E911 system service is to begin.
3. Any service supplier within a municipality which has imposed a
surcharge pursuant to the provisions of this section shall be given a
minimum of forty-five days written notice prior to the date it shall
begin to add such surcharge to the billings of its customers or prior to
any modification to or change in the surcharge amount.
4. The surcharge established pursuant to the provisions of this
section shall be imposed on a per access line basis on all current bills
rendered for local exchange access service within the 911 service area.
5. No such surcharge shall be imposed upon more than seventy-five
exchange access lines per customer per location.
6. Lifeline customers, a public safety agency and any municipality
which has enacted a local law pursuant to the provisions of this section
shall be exempt from any surcharge imposed under this section.
* NB Repealed November 3, 2031
* § 338. County of Albany enhanced 911 emergency telephone system. 1.
Notwithstanding the provisions of any law to the contrary, the county of
Albany acting through its local county legislative body, is hereby
authorized and empowered to adopt, amend or repeal local laws to impose
a surcharge, in addition to the surcharge established and imposed under
section three hundred three of this chapter, in an amount not to exceed
ninety-five cents per access line per month on the customers of every
service supplier within such municipality to pay for the costs
associated with obtaining, operating and maintaining the
telecommunication equipment and telephone services needed to provide an
enhanced 911 (E911) emergency telephone system to serve such county.
2. Any such local law shall state the amount of the surcharge, the
date on which the service supplier shall begin to add such surcharge to
the billings of its customers and, to the extent practicable, the date
on which such E911 service is to begin. Such local law may authorize the
service supplier to begin billing its customers for such surcharge prior
to the date the E911 system service is to begin.
3. Any service supplier within a municipality which has imposed a
surcharge pursuant to the provisions of this section shall be given a
minimum of forty-five days written notice prior to the date it shall
begin to add such surcharge to the billings of its customers or prior to
any modification to or change in the surcharge amount.
4. The surcharge established pursuant to the provisions of this
section shall be imposed on a per access line basis on all current bills
rendered for local exchange access service within the 911 service area.
5. No such surcharge shall be imposed upon more than seventy-five
exchange access lines per customer per location.
6. Lifeline customers, residential access lines, a public safety
agency and any municipality which has enacted a local law pursuant to
the provisions of this section shall be exempt from any surcharge
imposed under this section.
* NB Repealed June 30, 2032
ARTICLE 7 Finance
Application of article. This article shall apply to every
county except a county wholly contained within a city and except a
county containing a population of four hundred thousand or more as shown
by the federal census of nineteen hundred fifty.
Definitions. For the purposes of this article the following
terms are defined as follows:
1. "Administrative unit" shall mean an office, department, division,
bureau, board or commission, or any other agency of county government.
2. "Authorized agency" shall mean a corporation, association,
institution or agency authorized to receive and expend county moneys.
3. "Budget officer" shall mean the chief fiscal officer; provided that
the board of supervisors may appoint a person other than the chief
fiscal officer as budget officer, who shall serve during the pleasure of
the board appointing him. The person so appointed may be another county
officer, except that no member of the board of supervisors may be
appointed budget officer other than the chairman of the board of
supervisors or the chairman of the committee of the board of supervisors
designated or created to review the tentative budget. The budget officer
may receive, in addition to any other compensation which may be paid to
him by the county as chief fiscal officer or otherwise, a salary as
budget officer to be fixed by the board of supervisors pursuant to
section two hundred one of this chapter. When a person other than the
chief fiscal officer has been appointed as budget officer, the chief
fiscal officer thereafter shall, in the event of a vacancy in the office
of budget officer, including a vacancy by reason of the expiration of
the term of the person appointed thereto, serve as budget officer unless
and until another person shall be appointed as such officer as provided
in this subdivision.
4. "Capital project" shall mean: (a) any physical public betterment or
improvement or any preliminary studies and surveys relative thereto, or
(b) land or rights in land, or (c) any furnishings, machinery, apparatus
or equipment for any physical betterment or improvement when such
betterment or improvement is first constructed or acquired, or (d) any
combination of items (a), (b) and (c).
5. "Chief fiscal officer" shall mean the county treasurer, except:
(a) In the case of those counties having a comptroller, the
comptroller; and
(b) In the case of the county of Onondaga, the county auditor.
6. "Receipts from delinquent taxes" shall mean the proceeds of (a) the
collection of all unpaid taxes, assessments or other charges levied or
relevied, by the board of supervisors including interest and penalties
thereon, (b) the sale of tax liens or of the property for such unpaid
taxes, assessments or other charges, and (c) the redemption of such
property where the lien or the property was sold to the county for such
unpaid taxes, assessments or other charges, but shall not include the
proceeds of any such collection, sale or redemption occurring during the
fiscal year for which such taxes were originally levied or relevied by
the board of supervisors.
7. "Sinking fund" shall mean a fund authorized or required by law to
be established and maintained for the purpose of amortizing bonded
indebtedness of a county.
8. "Unappropriated unreserved fund balance" shall mean the difference
between the total assets for a fund and the total liabilities, deferred
revenues, encumbered appropriations, amounts appropriated for the
ensuing fiscal year's budget, and amounts reserved for stated purposes
pursuant to law, including reserve funds established pursuant to the
general municipal law for the fund, as determined through application of
the system of accounts prescribed by the state comptroller pursuant to
section thirty-six of the general municipal law.
Fiscal year. The fiscal year of a county shall begin with the
first day of January and end with the thirty-first day of December in
each year.
Submission of estimates. 1. The head of each administrative
unit shall submit annually to the budget officer on or before the first
day of October, an estimate of revenues and expenditures of such
administrative unit for the ensuing fiscal year. The budget officer
annually may require that such estimates be so submitted on or before a
specified earlier date, provided that in no event shall such estimates
be required to be submitted prior to the first day of September. The
estimate for each administrative unit shall be subdivided according to
units of organization and shall show the source of revenues and shall
itemize the character and object of expenditures. Estimates shall be
submitted in such form and shall contain such additional information as
the budget officer shall prescribe.
2. The head of each authorized agency shall submit annually to the
budget officer, on or before the date fixed by or pursuant to
subdivision one of this section, a request for an appropriation for such
authorized agency for the ensuing fiscal year. Requests shall be
submitted in such form and shall contain such additional information as
the budget officer shall prescribe.
3. The budget officer annually shall notify the head of each
administrative unit and authorized agency in writing of (a) the date
fixed by or pursuant to subdivision one of this section on or before
which the estimate of revenues and expenditures or request for an
appropriation, as the case may be, must be submitted, and (b) the form
of, and information to be contained in, such estimate or request. Such
notice shall be given not less than twenty days prior to such date.
4. In the event that the head of an administrative unit fails to
submit an estimate by the date specified by or pursuant to subdivision
one of this section, the budget officer forthwith shall prepare an
estimate for such administrative unit.
Preparation and filing of tentative budget. 1. The budget
officer, upon receipt of the estimates of the various administrative
units and the requests for an appropriation of the several authorized
agencies, shall proceed to make such review and investigation of such
estimates and requests and conduct such hearings of heads of
administrative units and authorized agencies, and officers and employees
thereof, as he deems necessary. He may require the head of any
administrative unit or authorized agency, or any officer or employee
thereof, to furnish data and information and to answer inquiries
pertinent to such review or investigation. Members of the committee of
the board of supervisors designated or created to review the tentative
budget shall be entitled to investigate and make inquiry concerning the
estimate of any administrative unit or the request for an appropriation
of any authorized agency. Such members shall be entitled to attend all
hearings conducted by the budget officer pursuant to this subdivision.
At least twenty-four hours' written notice of any such hearing shall be
given to such members by the budget officer, either personally or by
mail.
2. Upon the completion of the review and investigation of the
estimates of the various administrative units and the requests for an
appropriation of the several authorized agencies, the budget officer
shall prepare a tentative budget, accompanied by a budget message where
required pursuant to section three hundred seventy-four. He shall cause
to be printed or otherwise reproduced such number of copies of such
tentative budget and such budget message, if any, as the board of
supervisors shall direct. The tentative budget and the budget message,
if any, together with the copies thereof, shall be filed by the budget
officer with the clerk of the board of supervisors not later than the
fifteenth day of November.
3. The board of supervisors by action taken pursuant to section three
hundred seventy-six may require that the budget officer file the
tentative budget and budget message, if any, with the clerk of the board
of supervisors on or before a specified date prior to the date
prescribed in subdivision two of this section, provided that in no event
shall such filing be required to be made prior to the first day of
October. A local law adopted pursuant to this subdivision shall not
become effective until August first next succeeding its adoption.
Contents of tentative budget. 1. The tentative budget as
submitted to the board of supervisors shall contain the following:
(a) A statement of the several amounts recommended as necessary to be
appropriated for conducting the business of the county and for other
purposes contemplated by this chapter and otherwise by law for the
ensuing fiscal year. Such statement shall be classified by funds and
administrative units which shall be subdivided according to units of
organization and shall itemize the character and object of expenditure.
(b) A statement of the several amounts recommended to be appropriated
for authorized agencies.
(c) A statement of the amount required for payment of interest on and
amortization of or redemption of indebtedness of the county during the
ensuing fiscal year.
(d) A statement of the amount recommended as necessary to be
appropriated for the payment of judgments against the county payable
during the ensuing fiscal year.
(e) A statement of the amounts needed to provide for uncollectible and
uncollected real property taxes.
(f) A statement of the estimated amount of revenues to be received by
the county during the ensuing fiscal year, other than the proceeds of
the tax on real estate levied for such fiscal year. Such statement shall
be classified to show receipts by funds, administrative units and
sources of revenue.
(g) A statement of the fund balance for each fund estimated to be on
hand at the close of the current fiscal year, together with a breakdown
of such fund balance estimated for encumbrances, amounts appropriated
for the ensuing fiscal year's budget, amounts reserved for stated
purposes pursuant to law, including reserve funds established pursuant
to the general municipal law, and the remaining estimated unappropriated
unreserved fund balance for each fund, provided that the remaining
estimated unappropriated unreserved fund balance for each fund shall not
exceed a reasonable amount, consistent with prudent budgeting practices,
necessary to ensure the orderly operation of county government and the
continued provision of services, taking into account factors including,
but not limited to, the size of the fund, cash flows, the certainty with
which the amounts of revenues and expenditures can be estimated, and the
county's experience in prior fiscal years.
(h) A statement of the amount of any sinking fund which is available
and which is required to be applied to the payment of the principal of
and interest on any indebtedness of the county falling due during the
ensuing fiscal year.
(i) A statement for each reserve fund established pursuant to article
two of the general municipal law, showing the amount therein, the
purpose for which established and the amounts, if any, recommended to be
spent therefrom during the ensuing fiscal year to meet appropriations
for such fiscal year. A requirement of law that an expenditure from any
such reserve fund be subject to a permissive or mandatory referendum
shall not prevent the inclusion of a recommendation for such expenditure
in the tentative budget.
2. The tentative budget shall not include moneys received or estimated
to be received by the county and held by it as agent or trustee for
payment to the state or to any political subdivision, provided, however,
that such moneys shall be included in the tentative budget if they are
to be raised by tax levied by the board of supervisors.
3. The tentative budget shall be subdivided into the following:
(a) A schedule of recommended appropriations, containing the
statements required by paragraphs (a) to (e), inclusive, of subdivision
one of this section, so arranged as to show in parallel columns the
following comparative information: (1) expenditures for the last
completed fiscal year; (2) appropriations for the current fiscal year,
reflecting supplemental appropriations to a date not more than
forty-five days prior to the filing of the tentative budget with the
clerk of the board of supervisors; (3) the amounts requested to be
appropriated by administrative units and authorized agencies for the
ensuing fiscal year; and (4) the budget officer's recommended
appropriations for the ensuing fiscal year.
(b) A schedule of estimated revenues other than real estate taxes to
be levied, containing the statements required by paragraph (f) of
subdivision one of this section, so arranged as to show in parallel
columns the following comparative information: (1) revenues for the
last completed fiscal year; (2) estimated revenues for the current
fiscal year as modified to a date not more than forty-five days prior to
the filing of the tentative budget with the clerk of the board of
supervisors; and (3) the budget officer's estimate of revenues for the
ensuing fiscal year.
(c) A schedule of estimated fund balances and the amounts thereof to
be appropriated in the ensuing fiscal year's budget.
(d) A schedule of reserve funds containing the statements required by
paragraph (i) of subdivision one of this section.
(e) An exhibit showing the computation of the amount or amounts to be
levied on real estate.
4. A supplemental statement shall be included at the end of the
tentative budget which shall set forth the indebtedness of the county
evidenced by bonds and notes, including indebtedness authorized and
unissued, as of a date not more than forty-five days prior to the filing
of the tentative budget with the clerk of the board of supervisors.
5. The tentative budget shall include any other matter which the board
of supervisors by resolution or by action taken pursuant to section
three hundred seventy-six may require or which the budget officer deems
advisable.
Appropriation resolution. The budget officer shall file with
the tentative budget and the budget message, if any, a proposed
appropriation resolution referring to the tentative budget and making
provision for the conduct of the county government for the ensuing
fiscal year. The appropriations set forth in such proposed resolution
shall be classified by funds and administrative units and shall indicate
the character and object of expenditure, in accordance with the format
prescribed by the State Comptroller as part of a uniform system of
accounts for counties.
Review of tentative budget. 1. A standing committee of members
of the board of supervisors shall be designated or created for the
purpose of reviewing tentative budgets filed with the clerk of such
board pursuant to section three hundred fifty-four.
2. Upon the filing of the tentative budget with the clerk of the board
of supervisors the clerk shall transmit forthwith a copy thereof to the
chairman of the committee designated or created to review the tentative
budget. The committee, upon receipt of such copy, shall proceed to
review the tentative budget. Within fifteen days after the receipt of
such copy of the tentative budget the committee may file a report with
the clerk of the board of supervisors setting forth any proposed
changes, alterations or revisions in the tentative budget. A copy of
the report of the committee shall remain on file in the office of the
clerk of the board of supervisors and shall be open to public inspection
during business hours.
3. The board of supervisors by action taken pursuant to section three
hundred seventy-six may extend or reduce the time provided in
subdivision two of this section for review of the tentative budget and
the filing of the report thereon, provided that in no event shall such
time for such review and the filing of such report be reduced to less
than ten days or extended to more than twenty days.
Revision of tentative budget. 1. After the filing of the report
of the committee designated or created to review the tentative budget or
after the expiration of the time prescribed for the filing of such
report, the board of supervisors, by resolution, may change, alter and
revise the tentative budget, provided that:
(a) The statement of the amount estimated for any object or purpose
for which an appropriation is required to be made by law shall not be
reduced below the minimum so required.
(b) The board of supervisors shall enter in its minutes a statement of
the basis for any increase in or addition of any statement of estimated
revenues.
2. If the board of supervisors shall make any change in the tentative
budget, provision shall be made that the total estimated revenues
together with the amount of taxes to be levied shall equal the total
estimated expenditures.
Public hearing; distribution of tentative budget. Before the
final adoption of the budget, the board of supervisors shall hold a
public hearing on the tentative budget with such changes, alterations
and revisions, as shall have been made therein by such board pursuant to
section three hundred fifty-eight. The clerk of the board of supervisors
shall cause to be printed or otherwise reproduced at least one hundred
copies of such tentative budget as so changed, altered and revised, but
the board of supervisors, by resolution, may direct that a greater
number of copies be so printed or reproduced. The time when and place
where such hearing shall be held shall be fixed by resolution of the
board of supervisors. The clerk of the board of supervisors shall cause
a notice to be published stating the time, place and purpose of the
public hearing and that copies of the tentative budget on which the
public hearing will be held are available at his office and may be
inspected or procured thereat by any interested person during business
hours. There shall be included in the notice of the public hearing on
the tentative budget, or in a separate notice published in the same
manner and at the same time as such notice of hearing, a statement of
the maximum salary, or the maximum rate of per diem compensation, or
both, as the case may be, that may be fixed and payable during the
ensuing fiscal year to the members of the board of supervisors and to
the chairman respectively. The notice of public hearing shall be
published at least once in the official newspaper or newspapers of the
county, and in such other newspapers and for such other times as the
board of supervisors, by resolution, may direct. At least five days
shall elapse between the first publication of such notice and date
specified for the hearing. The hearing shall be held on the date so
specified at which time any person may be heard. The hearing may be
adjourned from day to day, but not later than the twentieth day of
December.
Adoption of budget; appropriation resolution; tax. 1. After
completion of the public hearing required by section three hundred
fifty-nine the board of supervisors, by resolution, may further change,
alter and revise the tentative budget, subject, however, to the
conditions and restrictions imposed by section three hundred
fifty-eight.
2. The tentative budget as changed, altered and revised shall be
finally adopted by resolution of the board of supervisors not later than
December twentieth. Immediately upon the final adoption of the budget,
the appropriation resolution as filed with the clerk of the board of
supervisors pursuant to section three hundred fifty-six with such
amendments as may be necessary to make it conform to the budget as
finally adopted, shall be passed by the board of supervisors. The budget
as finally adopted and the appropriation resolution as passed shall be
entered in the minutes of the board of supervisors and printed in the
annual volume of printed proceedings.
3. When the appropriation resolution shall have been passed the board
of supervisors shall provide for the raising of the taxes required by
such budget in the manner and within the time prescribed by law.
Failure to make appropriations. In the event that the board of
supervisors shall fail to finally adopt a budget for the ensuing fiscal
year on or before December twentieth, the tentative budget, with such
changes, alterations and revisions as shall have been made by resolution
of the board of supervisors, shall constitute the budget for such
ensuing fiscal year, and the appropriation resolution, with such
amendments as may be necessary to make it conform to such budget, shall
be deemed to have been passed by the board of supervisors as of such
date. The board of supervisors shall provide for the raising of the
taxes required by such budget in the manner and within the time
prescribed by law.
Expenses of boards of elections outside New York City;
apportionment of. The board of elections in each county, outside of the
city of New York, on or before the fifteenth day of December and not
earlier than the first day of October, in each year, shall certify to
the clerk of the legislative body of the county, the total amount of the
expenses of such board of elections, including salaries for the
preceding year, and, if the legislative body of any county shall so
direct, shall certify to such clerk the portions of such expenses which
under provisions of law are to be borne by any city or cities in said
county and the portion thereof which is to be borne by the rest of such
county and such clerk shall thereupon notify the proper local official
or officials, who, in spreading upon the assessment-rolls the taxes to
be levied upon the taxable property in the city or any such cities, and
in the rest of the county, shall include in the amount so spread the
amounts certified by the board of elections to be borne by such city or
cities, respectively, and in the amount spread upon the assessment-rolls
of the taxable property in the several towns or other political
subdivisions of the rest of the county the amount so certified by said
board of elections to be borne by such towns or political subdivisions
respectively. Whenever any additional expenses either for salaries or
supplies in addition to the regular county-wide primary and election
expenses are incurred by a board of elections incidental to any election
in any city, town or village, such board of elections shall certify to
the county legislative body a detailed statement of such expenses and
said county legislative body may cause the amount thereof to be levied
against such city, town or village or may certify the amount thereof to
such city, town or village and such city, town or village shall upon
such certification, include the amount so certified in the next budget
and tax levy and shall pay the same to the county.
General budgetary controls. 1. A separate account shall be kept
of each appropriation by the chief fiscal officer. Each such account
shall show the amount appropriated, the amount encumbered but remaining
unexpended, the several amounts expended therefrom and the unencumbered
balance.
2. Whenever any liability of any nature shall be incurred for or by an
administrative unit, the head of such unit shall file in the office of
the chief fiscal officer a written statement signed by him or his
authorized agent setting forth the nature and amount of the liability,
or an estimate thereof if the exact amount is unknown, and the
appropriation against which it is chargeable; provided that the state
comptroller may prescribe, as a part of a uniform system of keeping
accounts for counties, that such written statements need not be filed in
those cases where he shall determine that compliance with the
requirements of this subdivision would be impractical.
3. No expenditure, or contract which in any manner involves the
expenditure of money or the incurring of any pecuniary liability, shall
be made or entered into by any administrative unit, officer or employee,
unless an amount has been appropriated and is available therefor or has
been authorized to be borrowed pursuant to the local finance law. No
fund or appropriation account shall be overdrawn at any time; nor shall
one fund or appropriation account be drawn upon to pay any claim
chargeable to another. Nothing in this subdivision shall prevent the
making of a contract or lease for a term exceeding one year when
authorized by law; nor shall anything in this subdivision require a
county which has entered into a contract or lease for a term exceeding
one year to pay during the current fiscal year any amounts larger than
those which become due and owing during that year under the terms of
such lease or contract.
4. Whenever during a fiscal year it shall appear probable to the
budget officer that the moneys available for such year will be
insufficient to meet the amounts appropriated, he shall forthwith notify
the board of supervisors of this fact, stating the probable amount of
such deficiency in funds. The budget officer may include his
recommendations as to the action which should be taken. The board of
supervisors after such investigation as is deemed necessary may reduce
any appropriation or appropriations by resolution so as to prevent the
making of expenditures in excess of moneys available. Nothing in this
subdivision shall permit the reduction of an appropriation below the
minimum amount required by law to be appropriated, nor shall any
appropriation be reduced by more than the unencumbered balance therein.
This subdivision shall not apply to counties adopting the provisions of
section three hundred seventy-five.
Supplemental appropriations. The board of supervisors, during a
fiscal year, by resolution, may make additional appropriations or
increase existing appropriations, the funds therefor to be provided from
any unencumbered balances in appropriations pursuant to section three
hundred sixty-four of this article, the contingent funds pursuant to
section three hundred sixty-five of this article, or unanticipated
revenues and unappropriated unreserved fund balance pursuant to section
three hundred sixty-six of this article, or pursuant to the local
finance law.
Unencumbered balances. The board of supervisors by resolution
pursuant to section three hundred sixty-three may at any time
reappropriate for any lawful purpose all or any part of the unencumbered
balance of an existing appropriation.
Contingent funds. 1. The budget officer may, and shall when
required by resolution of the board of supervisors, include in the
tentative budget an amount recommended as necessary to be appropriated
for a general contingent fund. The amount which may be appropriated for
such purpose shall not exceed the sum of thirty-five thousand dollars
plus a sum not exceeding three per centum of the amount by which the
total amount of the estimated expenditures for general county purposes
for the ensuing fiscal year, exclusive of the amounts appropriated to
pay debt service, is in excess of five hundred thousand dollars.
2. The board of supervisors by resolution may at any time appropriate
all or any part of the moneys in the general contingent fund for general
county purposes pursuant to section three hundred sixty-three.
3. Whenever taxes to meet appropriations for a county purpose may be
raised only upon taxable real estate in a district or area less than the
area of the county, the budget officer may, and shall when required by
resolution of the board of supervisors, include in the tentative budget
an amount recommended as necessary to be appropriated for a contingent
fund for such purpose. The amount appropriated for any such contingent
fund:
(a) Shall not exceed ten per centum of the total of the amounts
otherwise appropriated for the purpose for which such fund is
established; and
(b) Shall be raised by a tax levied only upon such real estate as
shall be liable to taxation for the purpose for which such fund is
established.
4. The board of supervisors by resolution pursuant to section three
hundred sixty-three may at any time appropriate all or any part of the
moneys in a contingent fund established pursuant to subdivision three of
this section for the purpose for which the contingent fund was
established. Moneys in the contingent fund shall be used for no other
purpose.
Unanticipated revenues; unappropriated cash surplus. 1. The
board of supervisors by resolution pursuant to section three hundred
sixty-three may at any time appropriate for any lawful purpose the
unanticipated revenues or unappropriated unreserved fund balance within
a particular fund, but only to the extent, in each case, that the total
of all revenues of such fund recognized or reasonably expected to be
recognized in the fiscal year, together with unappropriated unreserved
fund balance, exceeds the total of all revenues of such fund as
estimated in the budget, including appropriated fund balance.
2. Notwithstanding the provisions of subdivision one of this section,
grants in aid from the state and federal governments, other gifts which
are required to be expended for particular objects or purposes and
insurance proceeds for the loss, theft, damage or destruction of real or
personal property, when proposed to be used or applied to repair or
replace such property, may be appropriated by resolution of the board of
supervisors at any time for such objects or purposes.
Lapse of appropriations. Each appropriation, to the extent that
it shall not have been expended or encumbered, shall lapse at the close
of the fiscal year for which made, except that an appropriation for a
capital project shall continue in force until the purposes for which it
was made shall have been accomplished or abandoned.
Audit and payment of claims. 1. No claim, account or demand
against a county shall be audited or paid unless it is a lawful county
charge.
2. Except as otherwise provided by law, every claim for the payment of
money shall be audited by the board of supervisors and shall be in
writing and itemized. The board of supervisors may require that claims
be certified, or that they be verified. In the latter case the clerk,
the chairman of the board or the chairman of the committee to whom
referred shall have power to administer the oath of verification
thereof. A written contract for the payment of money in stated amounts
and at stated intervals shall be deemed a certified or verified claim,
as required by the county. Fixed salaries, the principal or interest on
bonded or other indebtedness, and the compensation for services of
employees or officers regularly engaged by the county at agreed wages by
the hour, day, week, month or year may be paid without prior audit by
the board of supervisors.
3. All claims shall be consecutively numbered and have endorsed
thereon their disposition. Such claims when audited shall be filed in
the office of the clerk of the board of supervisors or other officer
having custody thereof.
4. Payrolls shall be signed and certified or verified as to
correctness in accordance with law and as directed by the board of
supervisors.
5. The board of supervisors may by resolution authorize the payment in
advance of audit of claims for public utility services, postage, freight
and express charges. All such claims shall be presented at the next
regular meeting for audit, and the claimant and the officer incurring or
approving the same shall be jointly and severally liable for any amount
disallowed by the board of supervisors.
As used in this subdivision, the term public utility services shall
mean electric, gas, water, sewer and telephone services.
6. The board of supervisors may, by local law or resolution, enact
rules and regulations, not inconsistent with law, governing the: (a)
approval of claims prior to audit; (b) form and certification of orders
or warrants drawn on the county treasurer; (c) examination of the
claimant and of his claim; (d) and such other matters deemed material.
Statements of financial condition. 1. In a county where the
chief fiscal officer or his deputy is not designated as budget officer,
the chief fiscal officer shall submit to the budget officer on or before
the tenth day of each month a statement of the financial condition of
the county as of the last day of the preceding month. Such statement
shall show the aggregate revenues received for general county purposes
and revenues received for each appropriation account or fund where
required by law to be expended for the purpose of such account or fund.
Such statement shall also show for each appropriation account the amount
appropriated, the amount encumbered but remaining unexpended, the
aggregate expenditures and the unencumbered balance. The statement shall
include such other information as the budget officer may request or the
board of supervisors by resolution may direct. The board of supervisors
by resolution may require that copies of such monthly statement be
submitted to it and to other designated officers.
2. In a county where the chief fiscal officer or his deputy is
designated as budget officer, the board of supervisors by resolution may
require that statements of financial condition containing specified
information be furnished by the chief fiscal officer at such times and
given such distribution as such resolution directs.
Petty cash funds. 1. The board of supervisors by resolution or
by action taken pursuant to section three hundred seventy-six may
establish a revolving petty cash fund for any administrative unit or
officer in such amount as is deemed necessary. Any such petty cash fund
shall continue in existence from year to year until abolished.
2. Expenditures from a petty cash fund may be made only for payment in
advance of audit of properly itemized and verified or certified bills
for materials, supplies or services, other than employment, furnished to
the county for the conduct of its affairs and upon terms calling for
payment to the vendor upon the delivery of any such materials or
supplies or the rendering of any such services, provided that moneys in
any such fund also may be used for the purpose of making change when
such is required in the performance of official duties, and further
provided that moneys in any such fund established for the office of the
sheriff, district attorney, or any county police officer or peace
officer may also be used to advance travel funds to personnel of the
sheriff's or district attorney's office or any county police officer or
peace officer when required to travel on official business. Upon audit
of bills such petty cash fund shall be reimbursed from the appropriate
budgetary item or items in an amount equal to the amount audited and
allowed. The clerk of the board of supervisors, or such other officer as
shall have custody of audited claims, immediately shall notify the
county treasurer in writing of the disallowance of any of such bills or
any portion of any such bills, stating the amount in each case
disallowed. Any of such bills or any portion of any of such bills as
shall be disallowed upon audit shall be the personal liability of the
official responsible for the use of the petty cash fund from which
payment on account thereof was made, and such official shall forthwith
reimburse such petty cash fund in the amount of such disallowances. If
such reimbursement has not been made by the time of the first payment of
salary to such official after the disallowance of any such bills or any
portion of any of such bills, the amount of such disallowances shall be
withheld by the county treasurer from such salary payment and, if
necessary, subsequent salary payments, and paid into such petty cash
fund until an amount equal to the amount of such disallowances has been
repaid to such petty cash fund.
3. The chief fiscal officer at any time may require the official
responsible for the use of a petty cash fund to account for the moneys
in such fund.
Tax and revenue anticipation fund. 1. The board of supervisors
of a county by resolution may establish a revolving fund to be known as
the tax and revenue anticipation fund. There may be paid into such fund
in the fiscal year in which it is established an amount which shall not
exceed thirty per centum of the total estimated expenditures as
contained in the budget of the county for such fiscal year. In
subsequent fiscal years, additional amounts may be paid into such fund,
provided that any such payment shall not increase the total amount of
such fund to an amount greater than thirty per centum of the total
estimated expenditures as contained in the budget of the county for the
fiscal year in which such payment is made. Such amounts may be provided
by budgetary appropriation or from moneys of the county which are not
required by law to be paid into another fund or account.
2. The moneys in such fund may be used only for the purpose of
investment in non-interest bearing tax anticipation or revenue
anticipation notes of the county, or renewals thereof. Any provisions of
law to the contrary notwithstanding, all tax or revenue anticipation
notes of the county, or renewals thereof, sold to the tax and revenue
anticipation fund during a fiscal year shall be paid on or before the
close of such fiscal year.
3. The moneys in such fund, pending investment as provided in
subdivision two of this section, shall be deposited in one or more banks
or trust companies designated in the manner provided by law, as
depositaries of funds of the county. The moneys in any such fund so
deposited shall be accounted for separate and apart from all other funds
of the county, in the same manner as provided in subdivision ten of
section six-c of the general municipal law. Any interest earned on the
moneys so deposited shall be a general county revenue.
4. Such fund shall continue in existence from year to year, provided,
however, that the board of supervisors by resolution may transfer all or
part of the moneys in such fund to a reserve fund established pursuant
to article two of the general municipal law.
Capital program. 1. Where the board of supervisors of a county,
by action taken pursuant to section three hundred seventy-six, provides
that this section shall apply to such county, the budget officer shall
cause to be prepared for inclusion in the tentative budget a recommended
capital program covering capital projects, if any, to be acquired or
constructed during the ensuing fiscal year. Such program shall be
arranged in such manner as to set forth clearly:
(a) The estimated expenditures for each capital project for the
ensuing fiscal year and in the case of a capital project not to be
completed during the ensuing fiscal year, the estimated amount to be
expended therefor after the close of such year; and
(b) The proposed method of financing such capital program, separately
indicating the amount of each project proposed to be financed by direct
budgetary appropriation and the amount of each project proposed to be
financed by the issuance of obligations, showing the proposed types of
obligations together with the periods for which they are proposed to be
issued.
2. There shall be included in the budget message, if any, a general
summary showing the capital requirements for the ensuing fiscal year and
such comments and recommendations with respect to the capital program as
the budget officer may deem advisable.
3. At any time after the adoption of the budget the board of
supervisors by the affirmative vote of two-thirds of its total
membership may amend the capital program contained therein by adding,
modifying or abandoning projects. No capital project shall be authorized
or undertaken unless included in the budget as adopted or amended.
Budget message. Where the board of supervisors of a county, by
action taken pursuant to section three hundred seventy-six, provides
that this section shall apply to such county, there shall be filed with
the tentative budget a budget message explaining the main features of
the tentative budget and a general summary thereof, with supporting
schedules which shall exhibit the aggregate figures of the tentative
budget in such manner as to show a balanced relationship between the
total estimated expenditures and the total estimated income for the
ensuing fiscal year, and which shall compare these figures with the
actual receipts and expenditures for the last completed fiscal year and
the appropriations for the current fiscal year. The budget message shall
contain such additional information or comments as are deemed advisable
by the budget officer, or as the board of supervisors, from time to
time, may require by resolution.
Allotments of appropriations. 1. Where the board of supervisors
of a county, by action taken pursuant to section three hundred
seventy-six, provides that this section shall apply to such county, the
head of each administrative unit shall submit to the budget officer, at
the time specified by him, a work program for the ensuing fiscal year,
which program shall include all appropriations for operation and
maintenance and purchase of equipment and shall show the requested
allotments of such appropriations for such administrative unit by
quarterly periods for the entire fiscal year. The budget officer shall
review the requested allotments in the light of the work program of the
administrative unit and may revise, alter, or change the requested
allotments before approving the same. The aggregate of the allotments
for any administrative unit shall not exceed the amount appropriated for
such administrative unit for the fiscal year. A copy of the allotments
as finally approved by the budget officer shall be filed with the chief
fiscal officer and expenditures shall be made only in accordance with
such approved allotments as revised. Approved allotments may be revised
during the fiscal year by the budget officer in the same manner as the
original allotment was made.
2. If, at any time during the fiscal year the budget officer shall
ascertain that the available revenues, including the proceeds of the tax
on real estate, for such year will be less than the total
appropriations, he shall reconsider the work programs and allotments of
the several administrative units and make a revision thereof, so as to
prevent the making of expenditures in excess of the amounts available
therefor.
Local laws; resolutions. 1. Whenever in this article the board
of supervisors is authorized by action taken pursuant to this section,
to alter or abolish the requirements of any section of this article, or
part thereof, or to make applicable to the county the provisions of any
such section, or part thereof, not otherwise applicable, such action
shall be by local law adopted in the manner prescribed in the municipal
home rule law. Notwithstanding the provisions of this chapter or any
general, special or local law, a local law adopted pursuant to this
article shall not be subject to a mandatory or permissive referendum.
2. Notwithstanding the provisions of this chapter or of any general,
special or local law, and except as expressly permitted by this article,
no local law or resolution shall be adopted by a board of supervisors
inconsistent with the mandatory provision of this article or the
optional provisions thereof where made applicable; provided, however,
that local laws may be adopted imposing additional requirements not
inconsistent with any such provisions.
3. Notwithstanding the provisions of this chapter or of any general,
special or local law, a roll call vote shall be taken when any
resolution expressly authorized or required by this article is voted
upon by the board of supervisors. Such roll call vote shall be entered
in the minutes of the board.
4. Any local law by which an optional provision of this article is
made applicable to a county may be repealed, whereupon such optional
provision shall cease to be applicable to such county. Any other local
law, or resolution, adopted pursuant to this article may be amended or
repealed, provided that no such local law or resolution shall be amended
so as to be inconsistent with the mandatory provisions of this article
or the optional provisions thereof where made applicable. A resolution
to amend or repeal a resolution previously adopted pursuant to an
express authorization or requirement of this article shall be voted
upon, and the roll call vote thereon shall be recorded, in the manner
provided in subdivision three of this section.
Use of mechanical checksigner. Each board of supervisors shall
have power to authorize checks drawn upon county funds to be signed with
the facsimile signature of the officer or officers authorized by law to
sign the same.
Publishing county audits. Each board of supervisors may cause
the abstract of county audits to be published in the official newspapers
and such other newspapers for such number of insertions as it may
direct.
Extension of fiscal year. The fiscal year of each county
expiring prior to December thirty-first, nineteen hundred fifty, shall
be and hereby is extended to include such December thirty-first. Nothing
in this article contained shall invalidate any contract or expenditure
for a lawful purpose entered into or made during the period of such
extension.
Financing transition period. In counties which, upon the
effective date of this section, operate on the basis of a fiscal year
expiring prior to December thirty-first, nineteen hundred fifty, there
may be included in the first tentative budget prepared pursuant to this
article an amount sufficient to pay, in whole or in part, all accounts,
claims and demands against the county and obligations of the county,
duly audited or otherwise payable by the county for or during the period
elapsing between the date upon which such fiscal year would have expired
and January first, nineteen hundred fifty-one; provided, however, that a
county may finance, in whole or in part, the payment of obligations and
expenses falling due during such period by the issuance of serial bonds
or capital notes pursuant to the local finance law.
The legislative body of a county may, for the convenience of
the county, designate certain named county officers and employees to
apply for notary commissions and pay the necessary fees therefor from
county funds. Such payment shall be deemed to be for a county purpose.
No fee shall be charged or collected by such officer or employee for any
notarial act performed by him.
ARTICLE 7-A County Tuberculosis Hospitals
Establishment of county tuberculosis hospitals. 1. The board of
supervisors of every county in the state containing a population of
thirty-five thousand or more, as determined by the latest federal
census, shall establish, as hereinafter provided, a county hospital for
the care and treatment of persons suffering from the disease known as
tuberculosis, unless there already exists in such county a hospital or
institution provided by the county or other authority and caring for
persons suffering from tuberculosis, which is approved by the state
commissioner of health, or the board of supervisors of such county
except in a county wherein a site for such hospital has been approved by
the state commissioner of health prior to the taking effect of this
article, shall have entered into a contract prior to November first,
nineteen hundred twenty, for the care of its tuberculosis patients with
an adjoining county having such county hospital or with a private
sanatorium within its county or shall join prior to November first,
nineteen hundred twenty, with one or more other counties in the
establishment and maintenance of such county hospital as hereinafter
provided. Such county hospital, except a hospital established and
maintained by two or more counties, shall be available for patients on
or before the first day of July, nineteen hundred eighteen. All
expenditures incurred by the state commissioner of health for and in
connection with the location, construction and operation of such
hospital, shall be a charge upon the county, and provision shall be made
for the payment therefor by the board of supervisors of such county in
the same manner as in the case of other charges against the county. At
any time after such hospital has been in operation, the board of
supervisors in such county may appoint a board of managers for such
hospital, pursuant to the provisions of this article and thirty days
after the appointment of such board of managers by such board of
supervisors, such hospital shall be transferred to such board of
managers, and such board of managers shall thereafter possess and
exercise all the powers of the board of managers of a county hospital
for tuberculosis under this article, and the state commissioner of
health shall be relieved from any responsibility therefor except such
responsibility as he exercises in regard to all county tuberculosis
hospitals under the provisions of this article.
2. When deemed advisable by the board of supervisors and approved by
the state commissioner of health, any such county may maintain more than
one county hospital for the care and treatment of persons suffering from
tuberculosis. The board of supervisors of any other county shall have
power by a majority vote to establish a county hospital for the care and
treatment of persons suffering from the disease known as tuberculosis.
3. When the board of supervisors of any county shall have voted to
establish such hospital, the board of supervisors shall:
(a) Purchase or lease real property therefor, or acquire such real
property, and easements therein, by appropriate proceedings, in the
manner prescribed by the eminent domain procedure law, in any town, city
or village in the county.
(b) Erect all necessary buildings and alter any buildings, on the
property when acquired for the use of said hospital, provided that the
location of the buildings and the plans and such part of the
specifications as shall be required by the state commissioner of health
for such erection or alteration together with the initial equipment
shall first be approved by the state commissioner of health. Any
changes in such location or plans shall also be first approved by the
state commissioner of health and the state commissioner of health and
his duly authorized representatives shall have the power to inspect such
county hospitals during the course of their construction for the purpose
of seeing that such plans are complied with.
(c) Cause to be assessed, levied and collected such sums of money as
it shall deem necessary for suitable lands, buildings and improvements
for said hospital, and for the maintenance thereof, and for all other
necessary expenditures therefor; or may finance expenditures for the
erection of such hospital and for the purchase of a site therefor
pursuant to the provisions of the local finance law.
(d) Appoint a board of managers for said hospital as hereinafter
provided.
(e) Accept and hold in trust for the county, any grant or devise of
land, or any gift or bequest of money or other personal property, or any
donation to be applied, principal or income, or both, for the benefit of
said hospital, and apply the same in accordance with the terms of the
gift.
(f) Whenever it shall deem it in the public interest so to do, and
notwithstanding the provisions of any other general or special act,
change the location of such hospital and acquire a new site by purchase,
lease or condemnation, as provided in this section, and establish the
hospital thereon.
Board of managers; appointment; terms; expenses. When the board
of supervisors shall have determined to establish a hospital for the
care and treatment of persons suffering from tuberculosis, and shall
have acquired a site therefor, and shall have awarded contracts for the
necessary buildings and improvements thereon, it shall appoint five
citizens of the county, of whom at least two shall be practicing
physicians, who shall constitute a board of managers of the said
hospital. The term of office of each member of said board shall be five
years, and the term of one of such managers shall expire annually; the
first appointments shall be made for the respective terms of five, four,
three, two and one years. Appointments of successors shall be for the
full term of five years, except that appointment of persons to fill
vacancies occurring by death, resignation or other cause shall be made
for the unexpired term. Failure of any manager to attend three
consecutive meetings of the board shall cause a vacancy in his office,
unless said absence is excused by formal action of the board of
managers. The managers shall receive no compensation for their services,
but shall be allowed their actual and necessary traveling and other
expenses, to be audited and paid, in the same manner as the other
expenses of the hospital, by the board of supervisors. Any manager may
at any time be removed from office by the board of supervisors of the
county, for cause after an opportunity to be heard.
Board of managers; general powers and duties. The board of
managers 1. Shall elect from among its members, a president and one or
more vice-presidents. It shall appoint a superintendent of the hospital
who shall be also the treasurer and secretary of the board, and it may
remove him for cause stated in writing and after an opportunity to be
heard thereon after due notice; and may suspend him from duty pending
the disposition of such charges. Said superintendent shall not be a
member of the board of managers and shall be a graduate of an
incorporated medical college, with an experience of at least three years
in the actual practice of his profession.
2. Shall determine the amount of time required to be spent at the
hospital by said superintendent in the discharge of his duties.
3. Shall have the general superintendence, management and control of
the said hospital, of the grounds, buildings, officers and employees
thereof, of the patients therein and of all matters relating to the
government, discipline, contracts and other affairs thereof; and make
such rules and regulations as may seem to be necessary for carrying out
the purposes of such hospital.
4. Shall maintain an effective inspection of said hospital and keep
itself informed of the affairs and management thereof; shall meet at the
hospital at least once in every month, and at such other times as may be
prescribed in the by-laws; and shall hold its annual meeting at least
three weeks prior to the meeting of the board of supervisors at which
appropriations for the ensuing year are to be considered.
5. Shall keep in a book provided for that purpose, a proper record of
its proceedings which shall be open at all times to the inspection of
its members, to the members of the board of supervisors of the county,
and to duly authorized representatives of the state department of social
welfare.
6. Shall make to the board of supervisors of the county annually, at
such time as said supervisors shall direct, a detailed report of the
operations of the hospital during the year, the number of patients
received, the methods and results of their treatment, together with
suitable recommendations and such other matters as may be required. Such
report may be printed for general distribution.
7. Shall notwithstanding any other general or special law erect all
additional buildings found necessary after the hospital has been placed
in operation and make all necessary improvements and repairs within the
limits of the appropriations made therefor by the board of supervisors,
provided that the location of the buildings and the plans and such part
of the specifications as shall be required by the state commissioner of
health for such additional buildings, improvements or repairs shall
first be approved by the state commissioner of health. Any change in
such location or plans shall also be first approved by the state
commissioner of health and the state commissioner of health and his duly
authorized representatives shall have the power to inspect such county
hospitals during the course of the construction of such additional
building for the purpose of seeing that such plans are complied with.
8. Unless by an arrangement satisfactory to the board of managers and
approved by the state commissioner of health such nursing service is
otherwise provided by the county, shall employ a county nurse, or an
additional nurse or nurses if it deems necessary, for the discovery of
tuberculosis cases and for the visitation of such cases and of patients
discharged from the hospital and for such other duties as may seem
appropriate; and shall cause to be examined by the superintendent or one
of his medical staff suspected cases of tuberculosis reported to it by
the county nurse, or nurses, or by physicians, teachers, employers,
heads of families or others; and it may take such other steps for the
care, treatment and prevention of tuberculosis as it may from time to
time deem wise.
Superintendent; general powers and duties. The superintendent
shall be the chief executive officer of the hospital and subject to the
by-laws, rules and regulations thereof, and to the powers of the board
of managers:
1. Shall equip the hospital with all necessary furniture, appliances,
fixtures and other needed facilities for the care and treatment of
patients and for the use of officers and employees thereof, and shall in
counties where there is no purchasing agent purchase all necessary
supplies.
2. Shall have general supervision and control of the records,
accounts, and buildings of the hospital and all internal affairs, and
maintain discipline therein, and enforce compliance with, and obedience
to all rules, by-laws and regulations adopted by the board of managers
for the government, discipline and management of said hospital, and the
employees and patients thereof. He shall make such further rules,
regulations and orders as he may deem necessary, not inconsistent with
law, or with the rules, regulations and directions of the board of
managers.
3. Shall appoint such resident officers and such employees as are
authorized by the board of supervisors for the efficient performance of
the business of the hospital, and prescribe their duties; and for cause
stated in writing, after an opportunity to be heard, discharge any such
officer or employee at his discretion.
4. Shall cause proper accounts and records of the business and
operation of the hospital to be kept regularly from day to day, in books
and on records provided for that purpose; and see that such accounts and
records are correctly made up for the annual report to the board of
supervisors, as required by section three hundred eighty-seven of this
article, and present the same to the board of managers, who shall
incorporate them in their report to the said supervisors.
5. Shall receive into the hospital in the order of application, any
person found to be suffering from tuberculosis in any form who is
entitled to admission thereto under the provisions of this article,
excepting that if at any time there be more applications for admission
to said hospital than there are vacant beds therein, said superintendent
shall give preference in the admission of patients to those who in his
judgment, after an inquiry as to the facts and circumstances, are more
likely to infect members of their households and others, in each
instance signing and placing among the permanent records of the hospital
a statement of the facts and circumstances upon which he bases his
judgment as to the likelihood of transmitting infection, and reporting
each instance at the next meeting of the board of managers; and shall
also receive persons from other counties as hereinafter provided. Said
superintendent shall cause to be kept proper accounts and records of the
admission of all patients, their name, age, sex, color, marital
condition, residence, occupation and place of last employment.
6. Shall cause a careful examination to be made of the physical
condition of all persons admitted to the hospital and provide for the
treatment of each such patient according to his need; and shall cause a
record to be kept of the condition of each patient when admitted, and
from time to time thereafter.
7. Shall discharge from said hospital any patient who shall wilfully
or habitually violate the rules thereof; or who is found not to have
tuberculosis; or who is found to have recovered therefrom; or who for
any other reason is no longer a suitable patient for treatment therein;
and shall make a full report thereof at the next meeting of the board of
managers.
8. Shall collect and receive all moneys due the hospital, keep an
accurate account of the same, report the same at the monthly meeting of
the board of managers, and transmit the same to the treasurer of the
county monthly on or before the tenth day of the month.
9. Shall before entering upon the discharge of his duties, give a bond
in such sum as the board of managers may determine, to secure the
faithful performance of such duties.
10. May attend such courses in the diagnosis and treatment of
tuberculosis and in hospital administration at a state tuberculosis
hospital as may be established and which he may be authorized to attend
by the board of managers of his hospital. Subject to appropriation being
made therefor, the necessary expenses in traveling to and from such
state tuberculosis hospital for the purpose of taking such courses shall
be a county charge.
Chaplains in Rensselaer county. The board of supervisors of the
county of Rensselaer is hereby authorized and empowered from time to
time to designate as chaplains to the Rensselaer county tuberculosis
hospital in such county, known as the "Pawling Sanitarium," not less
than two and not more than three chaplains, no two of such chaplains to
be of the same religious denomination, and to provide for their
compensation and expenses.
Admission of county patients. 1. Any person in the county in
which the hospital is situated desiring treatment in such hospital, may
apply in person to the superintendent or to any reputable physician for
examination, and such physician, if he finds that said person is
suffering from tuberculosis in any form, may apply to the superintendent
of the hospital for his admission. Blank forms for such applications
shall be provided by the hospital, and shall be forwarded by the
superintendent thereof gratuitously to any reputable physician in the
county, upon request. So far as practicable applications for admission
to the hospital shall be made upon such forms. The superintendent of the
hospital, upon the receipt of such application, if it appears therefrom
that the patient is suffering from tuberculosis, and if there be a
vacancy in the said hospital, shall notify the person named in such
application to appear in person at the hospital. If, upon examination of
such patient, or of any patient applying in person for admission, the
superintendent is satisfied that such person is suffering from
tuberculosis, he shall admit him to the hospital as a patient. All such
applications shall be filed and recorded in a book kept for that purpose
in the order of their receipt. When said hospital is completed and ready
for the treatment of patients, or whenever thereafter there are
vacancies therein, admissions to said hospital shall be made in the
order in which the names of applicants shall appear upon the application
book to be kept as above provided, in so far as such applicants are
certified to by the superintendent to be suffering from tuberculosis. No
discrimination shall be made in the accommodation, care or treatment of
any patient because of the fact that the patient or his relatives
contribute to the cost of his care and treatment in whole or in part,
and no patient shall be permitted to pay for his care and treatment in
such hospital a greater sum than the average per diem per capita cost of
care and treatment therein and no officer or employee of such hospital
shall accept from any clinic or hospital patient any fee, payment or
gratuity whatsoever for his services.
2. Whenever a patient admitted to said hospital has local residence,
as defined in the public health law, in the county in which the hospital
is situated, he shall be a charge upon such county. If such patient
admitted to said hospital has local residence in some other county or in
the city of New York, he shall be a charge upon such other county or the
city of New York, as the case may be, and the superintendent shall send
a bill for such charge to the clerk of the board of supervisors of such
other county or to the comptroller of the city of New York. Such charge
shall be at a rate to be fixed by the board of managers, which shall not
exceed the per diem per capita cost of care and treatment in said
hospital, and if the county operating said hospital is currently
receiving state aid for the care and treatment of tuberculosis patients
pursuant to the public health law, such charge may be an amount for each
day of such patient's care equivalent to the balance of the total per
diem per capita cost of operating such hospital during the preceding
fiscal year, as computed and approved by the state commissioner of
health pursuant to subdivision three of section fifty-four of the public
health law. Such bill shall be audited and paid by the board of
supervisors of said county, except that a bill so submitted to the city
of New York shall be paid by such city after audit and upon warrant of
the comptroller of such city. Any patient admitted to said hospital may
pay for his care and treatment in whole or in part if he volunteers to
do so.
Admission of out of county patients. 1. Exclusive of the city
of New York, and exclusive of counties served by state tuberculosis
hospitals, any person in a county not having a county hospital for the
care and treatment of persons suffering from tuberculosis may apply in
person to the clerk of the board of supervisors of such county or to the
state commissioner of health for admission to a tuberculosis hospital,
providing that such person submit with such application a statement
signed by a reputable physician that such physician has, within the ten
days preceding the date of such application, examined such person and
that, in his opinion, such person is suffering from tuberculosis or is
suspected of having tuberculosis and is in need of care and treatment
therefor. Upon receipt of such application, the clerk of the board of
supervisors or the state commissioner of health, as the case may be,
shall forward the same to the superintendent of any state, county or
city hospital for the care and treatment of tuberculosis.
2. Whenever the superintendent of such a hospital shall receive an
application for the admission of a patient in accordance with the
provisions of subdivision one of this section, if it appear from such
application that the person therein referred to is suffering from
tuberculosis or is suspected of having tuberculosis and is in need of
care and treatment therefor, the superintendent shall notify said person
to appear in person at the hospital, provided there be a vacancy in such
hospital and there be no pending application from a patient living in
the county in which the hospital is located. If, upon personal
examination of the patient, the superintendent is satisfied that such
patient is in need of care and treatment for tuberculosis, he shall
admit him to the hospital. Every patient so admitted shall be a charge
against the county in which he was living immediately prior to such
admission. Such charge shall be at a rate to be fixed by the board of
managers, which shall not exceed the per diem per capita cost of
maintenance therein and any cost of transportation to or from the
hospital, except that if the county operating said hospital is currently
receiving state aid for the care and treatment of tuberculosis patients
pursuant to the public health law, such charge shall be an amount for
each day of such patient's care equivalent to the balance of the total
per diem per capita cost of operating such hospital during the preceding
fiscal year, as computed and approved by the state commissioner of
health pursuant to subdivision three of section fifty-four of the public
health law; and the bill therefor shall be audited and paid by the board
of supervisors of the said county. However, if such patient has local
residence, as defined in the public health law, in some county other
than the one in which he was living immediately prior to such admission
or in the city of New York, he shall be a charge upon such other county
or the city of New York, as the case may be, and in this event any
amounts for the cost of such care and treatment which shall have been
paid by the county from which he was admitted shall be charged back and
reimbursed to such county by the aforesaid other county or the city of
New York in which the patient has local residence. Any patient admitted
to a hospital in accordance with the provisions of subdivision one of
this section may pay for his care and treatment in whole or in part if
he volunteers to do so.
Notwithstanding any inconsistent provisions of this article,
or of any other general, special or local law, a county tuberculosis
hospital may also admit for study and care persons with chronic
nontuberculous diseases of the chest, subject to rules and regulations
to be promulgated by the state commissioner of health with the advice
and counsel of an advisory committee consisting of five members after
consultation with the boards of managers of county tuberculosis
hospitals; provided, however, that any person so admitted or the person
or agency who or which accepts responsibility for payment for the care
and treatment of such person shall be charged such amount as fixed by
the board of managers of the hospital but at a rate not in excess of the
daily cost per patient of operation of the hospital as determined by the
state commissioner of health. Three of the members of such advisory
committee shall be superintendents of county tuberculosis hospitals to
be chosen by such commissioner, and two of the members thereof shall be
representatives of the medical society of the state of New York to be
designated by such society.
Visitation and inspection. The resident officer of the hospital
shall admit the managers into every part of the hospital and the
premises and give them access on demand to all books, papers, accounts
and records pertaining to the hospital and shall furnish copies,
abstracts and reports whenever required by them. All hospitals
established or maintained under the provisions of this article shall be
subject to inspection by any duly authorized representative of the state
department of social welfare, the state department of health, of the
state charities aid association and of the board of supervisors of the
county; and the resident officers shall admit such representatives into
every part of the hospital and its buildings, and give them access on
demand to all records, reports, books, papers and accounts pertaining to
the hospital.
Hospital located at county home. Wherever a hospital for the
care and treatment of persons suffering from tuberculosis exists in
connection with, or on the grounds of a county home, the board of
supervisors may, after this article takes effect, appoint a board of
managers for such hospital and such hospital, and its board of managers,
shall thereafter be subject to all the provisions of this article, in
like manner as if it had been originally established hereunder. Any
hospital for the care and treatment of tuberculosis which may hereafter
be established by any board of supervisors shall be subject to all the
provisions of this article. No hospital authorized under the provisions
of this article shall hereafter be located on the grounds of a county
home.
Discontinuance of hospital or county chest clinic services;
procedure. 1. The board of supervisors of any county in which there is a
county tuberculosis hospital or county chest clinic service established
pursuant to the authorization in this article or any other general or
special law shall continue the operations of such hospital or clinic
service, except as hereinafter provided.
2. Notwithstanding the provisions of this article, or of any other
general or special law, the board of supervisors of any county
maintaining a county tuberculosis hospital or county chest clinic
service may request the state commissioner of health to assume
responsibility for the operation and maintenance of such hospital as a
state tuberculosis hospital or state chest clinic service or to
authorize the abolition of such county tuberculosis hospital or county
chest clinic service. The state commissioner of health, upon receipt of
such application, shall make such investigations as he may deem
appropriate to protect the public health or other interests of the
state. Following such investigation, he may certify in writing to the
board of supervisors of such county that such county can be adequately
served by a state tuberculosis hospital or a state chest clinic service
and that in his opinion the continued operation of such county
tuberculosis hospital or county chest clinic service is unnecessary. On
receipt of any such certification the board of supervisors is hereby
authorized to abolish such hospital or clinic service by resolution
adopted by a majority vote of the members of such board. On the
abolition of any such hospital or clinic service the board of
supervisors may dispose of the property and equipment thereof or direct
the same to such other public use as is deemed desirable within the
limits prescribed by law. Such board may dispose of funds, or other
property held in trust pursuant to paragraph e of subdivision three of
section three hundred eighty-five as is permitted by law and the terms
of any bequests relating thereto. The terms of office of the board of
managers or other governing body and the superintendent or director
thereof shall automatically terminate on the abolition of any such
hospital or chest clinic service. However, the state commissioner of
health, following such investigation, may, with the approval of the
governor, notify such county board of supervisors that, for the
protection of the public health, such hospital or chest clinic service
should be continued as a tuberculosis hospital or chest clinic service
under state ownership and operation to serve, in addition to such
county, such other counties as may require tuberculosis hospital or
chest clinic service.
3. When the state commissioner of health determines that the interest
of the public health would be furthered by the continuance of the
service of such county tuberculosis hospital or county chest clinic
service under state ownership, operation and administration, said county
shall be required to submit, within a period of thirty days after notice
to that effect, a description of all lands then owned by the county for
such tuberculosis hospital or chest clinic service and any and all
certificates or abstracts of title thereon, together with a description
of the buildings and an inventory of all equipment, fixtures, supplies,
furnishings, medical and household supplies, automotive equipment, and
any other materials or property owned or possessed by the county for the
maintenance, operation or use of such hospital or chest clinic service,
and upon notice and on a date designated by the state commissioner of
health, said county shall transfer to the state, without cost, the title
to all of the property and appurtenances constituting such county
tuberculosis hospital or county chest clinic service, including all
lands, buildings, equipment, fixtures, supplies, furnishings, medical
and household supplies, automotive equipment, and any other materials or
property assigned to or for the maintenance, operation or use of such
hospital or chest clinic service, as included in the inventory
hereinbefore mentioned.
4. No outstanding bonded or other indebtedness shall be assumed by the
state in the event of such transfer of title as aforesaid.
5. In the event that at any time subsequent to the taking of title by
the state, the state commissioner of health determines that it is no
longer economical or advisable for the state to continue the operation
of such hospital or chest clinic service then, upon the discontinuance
of such hospital or chest clinic service by the state, the title to the
land and buildings pertaining thereto shall, without obligation on the
part of such county, revert to and be revested in such county.
Applications to state commissioner of health. On and after
January first, nineteen hundred forty-seven, whenever a person alleged
to be suffering from tuberculosis is unable to gain admission to an
appropriate tuberculosis hospital for necessary diagnostic or treatment
services, such person may make application to the state commissioner of
health for admission to an appropriate tuberculosis hospital for such
services, treatment and care. The cost of such services and treatment
and of the maintenance of such patient shall be subject to the
provisions of section fifty-four and other applicable provisions of the
public health law.
ARTICLE 7-B County Medical Assistance Clinics
County medical assistance clinics. The local legislative body
of each county may, by local law, establish a county clinic for the care
and treatment of persons receiving medical assistance for the needy
pursuant to title two of article five of the social services law. All
expenditures incurred in connection with the location, construction and
operation of such clinic shall be a charge upon the county and provision
shall be made for the payment therefor by the local legislative body of
such county in the same manner as in the case of other charges against
the county.
Powers of local legislative body. When the local legislative
body of any county shall have voted to establish such clinic, the local
legislative body shall:
(1) Purchase or lease real property therefor, or acquire such real
property, and easements therein, by condemnation proceedings, in the
manner prescribed by the eminent domain procedure law, in any town, city
or village in the county.
(2) Erect all necessary buildings and alter any buildings, on the
property when acquired for the use of said clinic, provided that the
location of the buildings and the plans and such part of the
specifications as shall be required by the state commissioner of social
services and commissioner of health for such erection or alteration
together with the initial equipment shall first be approved by the
commissioner of social services and commissioner of health. Any changes
in such location or plans shall also be first approved by the
commissioner of social services and commissioner of health.
(3) Cause to be assessed, levied and collected such sums of money as
it shall deem necessary for suitable lands, buildings and improvements
for said clinic, and for the maintenance thereof, and for all other
necessary expenditures therefor; or may finance expenditures for the
erection of such clinic and for the purchase of a site therefor pursuant
to the provisions of the local finance law.
(4) Accept and hold in trust for the county, any grant or devise of
land, or any gift or bequest of money or other personal property, or any
donation to be applied, principal or income, or both, for the benefit of
said clinic, and apply the same in accordance with the terms of the
gift.
(5) Whenever it shall deem it in the public interest so to do, and
notwithstanding the provisions of any other general or special act,
change the location of such clinic and acquire a new site by purchase,
lease or condemnation, as provided in this section, and establish the
hospital thereon.
Head of clinic; powers and duties. The head of such clinic
shall be a physician licensed by this state and be subject to the
approval of the local legislative body:
1. Shall equip the clinic with all necessary furniture, appliances,
fixtures and other needed facilities for the care and treatment of
patients and for the use of officers and employees thereof.
2. Shall have general supervision and control of the records,
accounts, and buildings of the clinic and all internal affairs.
3. Shall appoint such other physicians, dentists, nurses, technicians
and other resident officers and employees as are authorized by the local
legislative body for the efficient performance of the business of the
clinic.
4. Shall cause proper accounts and records of the business and
operation of the clinic to be kept regularly from day to day, in books
and on records provided for that purpose; and see that such accounts and
records are correctly made up for the annual report to the local
legislative body.
5. Shall receive into the clinic all persons who are eligible to
receive medical assistance pursuant to the provisions of section three
hundred sixty-six of the social services law and to provide such care,
services and supplies which are necessary. Provided, however, that no
person shall be received in such clinic without the prior authorization
of the social services official responsible for such person's care.
6. Shall cause a careful examination to be made of the physical
condition of all persons admitted to the clinic and provide for the
treatment of each such patient according to his need; and shall cause a
record to be kept of the condition of each patient when treated, and
from time to time thereafter.
7. Shall discharge from said clinic any patient who for any reason is
no longer eligible for treatment therein.
8. Shall collect and receive all moneys due the clinic, keep an
accurate account of the same, and transmit the same to the treasurer of
the county monthly on or before the tenth day of the month.
9. Shall before entering upon the discharge of his duties, give a bond
in such sum as the local legislative body may determine, to secure the
faithful performance of such duties.
Medical assistance. Whenever a medical assistance clinic has
been established as provided in this article, all medical assistance
pursuant to title two of article five of the social services law may be
given at such clinic under the supervision of the head of such clinic to
those eligible persons electing to utilize the facilities of such
clinic. The services of qualified physicians, dentists, nurses,
optometrists, podiatrists and other related professional personnel shall
be made available at such clinic.
The clinic shall have adequate facilities for the dispensing of drugs,
sickroom supplies, eyeglasses, dentures, prosthetic appliances and shall
provide physical therapy, rehabilitative services and laboratory and
X-ray services.
Any professional medical personnel may be employed by the clinic on a
part or full time basis and shall receive such compensation for their
services as may be made available therefor by appropriation by the local
legislative body of the county.
Supervision of clinic. All clinics established as provided in
this article shall be subject to the supervision of the state department
of health.
Reimbursement. Claims for state reimbursement for the
expenses incurred in the maintenance and operation of such clinic which
are directly connected with the furnishing of medical assistance for
needy persons shall be made in the manner set forth in section three
hundred sixty-eight-a of the social services law and the nature and
amount of such reimbursement shall be paid as provided in such section.
ARTICLE 7-C Drug Control Authorities
Creation; board; employees. The local legislative body of
each county is hereby authorized to create a county drug control
authority. Such authority shall consist of not less than five nor more
than nine members who shall be appointed by the county legislature or by
the county executive in those counties where the county charter provides
that members of county boards, commissions, authorities or agencies are
to be appointed by the county executive, at least one of whom shall be a
physician licensed to practice medicine in this state. Any person
serving as a member of a county narcotic guidance council, drug abuse
commission or mental health board shall be eligible to serve as a member
of the board of a county drug authority created pursuant to this
article. The chairman of the board shall be designated by the county
legislature or by the county executive in those counties where the
county charter provides that members of county boards, commissions,
authorities or agencies are to be appointed by the county executive,
from among the members so appointed. The compensation of the members
shall be fixed by the county legislative body within the amount
available therefor by appropriation. The board shall appoint a counsel,
an administrative officer and such other officers, employees, agents and
consultants as may be necessary, prescribe their duties, fix their
compensation and provide for payment of their expenses, all within
amounts appropriated therefor by the county.
Powers of the authority. The authority, by and through its
board, shall have the following functions, powers and duties:
1. To coordinate and assist in activities in the county relating to
drug control;
2. To establish in-patient and out-patient treatment facilities for
persons with substance use disorders. Such facilities shall include, but
shall not be limited to:
a. detoxification centers and clinics for the out-patient treatment of
persons with substance use disorders;
b. a treatment center where persons with substance use disorders may
obtain professional counseling from physicians, psychologists,
psychiatrists and where possible, other persons with substance use
disorders;
c. half-way houses to provide continuing treatment for persons with
substance use disorders.
3. To create a referral program whereby persons with substance use
disorders and persons and agencies concerned with their treatment will
make use of the aforementioned treatment facilities;
4. To encourage and, when so requested, assist cooperative efforts
among local narcotic guidance councils and state agencies in developing
solutions to the drug problem;
5. To establish one or more treatment districts within the county
based on geography and population density; and to employ a referral
counselor in each treatment district;
6. To encourage and foster, if possible, the use of former drug
abusers and persons formerly addicted to drugs as staff personnel;
7. To assist narcotic guidance councils of a city, town or village
within the county in the development of preventative educational
programs;
8. To act as agent for the county in accepting any public or private
funds which may be made available to a county to control the problems of
drug abuse;
9. To make a continuing evaluation of the preventative educational
techniques and pharmacological and psychiatric treatment procedures used
in the county;
10. To utilize former drug abusers and ex-addicts in educational
counseling and make periodic evaluations of their effectiveness;
11. To establish youth centers to provide individual and group therapy
and develop constructive work habits;
Reports of the authority. The authority shall make an annual
report to the county legislature. When it deems advisable, the authority
may make interim reports to the county legislature with its
recommendations, in order to afford the county legislature an
opportunity to take immediate action thereon.
Acquisition of real property; financing of expenditures. Real
property required for any of the purposes set forth in this article
shall be acquired by the county legislative body on behalf of the
authority.
Nothing contained in this article, shall be construed to prevent the
financing, in whole or in part, pursuant to the local finance law of any
expenditure made to carry out the purposes of this article.
ARTICLE 8 Officers; General Provisions
Officers; manner of selection; term; vacancies. 1. Elective.
There shall be elected a sheriff, county clerk, district attorney and
county treasurer. Except in the county of Lewis, coroners shall continue
to be elected as now provided by law until the office is abolished or
the number is increased or diminished pursuant to the provisions of this
chapter. Unless otherwise provided in this chapter, the term of office
of each such officer shall continue to be three years, except that the
terms of office of sheriff, county clerk, county treasurer and coroner
shall be four years from and including the first day of January next
succeeding his election. There shall be elected a county judge,
surrogate, and judge of the family court as now or hereafter provided by
law. The term of office of each such judicial officer shall be ten years
from and including the first day of January next succeeding his
election.
1-a. District attorney in counties outside of New York city. The term
of office of the district attorney of each county outside of New York
city shall be for four years commencing on the first day of January
following the general election for district attorney in each respective
county.
2. Coroners. At least one hundred fifty days prior to any general
election and subject to a permissive referendum, the board of
supervisors shall have power by local law to abolish the office of
coroner and create the office of medical examiner. The terms of office
of all coroners elected or appointed and holding office in the county at
the time such local law becomes effective shall expire upon the
appointment and qualification of the medical examiner and at the general
election to be held in such year and thereafter no coroners shall be
elected in the county.
3. At least one hundred fifty days prior to any general election and
subject to a permissive referendum, the board of supervisors shall have
power by local law to change the number of coroners to be elected to not
less than one nor more than four. The board may divide the county into
districts bounded by city or town lines and provide for the election of
one coroner in each district. The terms of office of all coroners
elected or appointed and holding office in the county at the time such
local law becomes effective shall expire on the December thirty-first
following. At the general election to be held in the year such local law
becomes effective, one or more coroners shall be elected in the county
as provided by such local law.
3-a. Coroner in Lewis county. All the powers and duties of the office
of coroner of the county of Lewis are hereby transferred to the office
of district attorney of such county, and the district attorney of such
county shall exercise and perform all the powers and duties of the
office of coroner of such county. The district attorney shall be
entitled to such additional fees or compensation from the county for
performance of duties as coroner as shall be fixed by the board of
supervisors, and his reasonable and necessary expenses in the
performance of the duties of such office shall be a county charge. The
provisions of this section shall not have the effect under section ten
of the municipal home rule law to permit any county, other than Lewis
county as herein prescribed, to change, amend or supersede, by local
law, any provisions of this chapter.
3-b. Coroner in Madison county. The office of coroner is hereby
re-established in Madison county. All the powers and duties of the
office of coroner of the county of Madison are hereby transferred to the
office of district attorney of such county, and the district attorney of
such county shall exercise and perform all the powers and duties of the
office of coroner of such county. The district attorney shall be
entitled to such additional fees or compensation from the county for
performance of duties as coroner as shall be fixed by the board of
supervisors, and his reasonable and necessary expenses in the
performance of the duties of such office shall be a county charge. The
provisions of this section shall not have the effect under section ten
of the municipal home rule law to permit any county, other than Madison
county as herein prescribed, to change, amend or supersede, by local
law, any provisions of this chapter.
4. (a) Appointive. There shall continue to be appointed in the manner
prescribed by law a clerk of the board of supervisors, a county
attorney, county superintendent of highways, sealer of weights and
measures and county historian. The board of supervisors may by local law
provide for the appointment of additional county officers, define their
powers and duties not inconsistent with law, and fix the term of their
office. No officer appointed for a fixed term shall be removed by the
board during his term without written charges and the opportunity to be
heard.
(b) The chief executive officer of a county public welfare department,
whether referred to as commissioner or by other title, shall be
appointed in accordance with the provisions of section one hundred
sixteen of the social welfare law.
4-a. Medical examiner. The board of supervisors in any county in which
the office of coroner is abolished shall appoint a medical examiner. A
certificate of such appointment shall be filed and recorded in the
office of the county clerk. The medical examiner, before entering upon
the duties of his office, shall take and file the prescribed oath of
office and furnish and file the required undertaking. The medical
examiner shall serve at the pleasure of the board of supervisors and his
appointment may be revoked at any time by resolution of the board of
supervisors and the filing of a certificate of such revocation in the
office of the county clerk. The medical examiner shall be a resident of
the county and a physician duly licensed to practice his profession in
the state of New York and shall be a person determined by the board of
supervisors as qualified to perform an autopsy and dissect dead bodies
of human beings.
4-b. Coroner's physician. Except in counties where the office of
coroner has been abolished, the board of supervisors may appoint one or
more coroner's physicians or may provide by local law for the
appointment of one or more coroner's physicians, and may fix the terms
of their office. In any county in which the coroner or any of the
coroners is not a physician duly licensed to practice medicine in this
state, the board shall appoint one or more coroner's physicians.
Each coroner's physician appointed pursuant to this subdivision shall
by virtue of his office be a deputy coroner and shall possess the powers
and perform the duties of the coroner, during the absence or inability
of the coroner to act, or in the event of a vacancy in the office of
coroner.
5. Certificate of election or appointment. Upon filing in the office
of the county clerk a certificate of election or appointment of any
officer, together with the oath of office and official undertaking
prescribed by law, the county clerk shall execute and deliver to such
officer a certificate stating that he or she has duly qualified and is
entitled to assume the duties of his or her office. On or before the
tenth day of January in each year and thereafter within five days after
any subsequent appointment is made, the clerk of the board of
supervisors shall file in the office of the county clerk a certificate
showing the names of all officers of the county appointed by the board
and the amount of the official undertaking, if any, required in each
case. On or before the fifteenth day of January in each year and
thereafter within five days after any person is elected or appointed to
any office within the county, the county clerk shall file in the office
of the executive department of the state a certificate showing the name
of each person so elected or appointed who has duly qualified and,
within the same time periods, file the name of any person appointed to
the office of director of real property tax services with the
commissioner of taxation and finance.
6. Notice of vacancy in office. Within ten days after any vacancy
occurs as prescribed by section thirty of the public officers law, the
county clerk shall give notice thereof to the governor when the power of
appointment is vested in the governor and to the board of supervisors
when the power of appointment is vested in said board.
7. Filling of vacancies. Except as hereinafter provided, a vacancy in
an elective county office, shall be filled by the governor by
appointment and for the office of sheriff with the advice and consent of
the senate if in session. When a vacancy shall occur, otherwise than by
expiration of term in the office of county judge, surrogate, or judge of
the family court, it shall be filled for a full term at the next general
election held not less than three months after such vacancy occurs and,
until the vacancy shall be so filled, the governor by and with the
advice and consent of the senate, if the senate shall be in session, or,
if the senate not be in session, the governor may fill such vacancy by
an appointment which shall continue until and including the last day of
December next after the election at which the vacancy shall be filled. A
vacancy in the office of coroner shall be filled by the board of
supervisors. Such officer shall hold office until and including the
thirty-first day of December succeeding the first annual election at
which the vacancy can be filled by election. A person appointed to fill
a vacancy in an office named in the constitution shall receive the same
compensation that was fixed for the office for the most recent elective
term. The board of supervisors shall fill any vacancy in an appointive
county office for the unexpired term as prescribed by law.
8. Notwithstanding any provision of any general, special or local law,
charter, code, ordinance, resolution, rule or regulation to the
contrary, all elections for any position of a county elected official
shall occur on the Tuesday next succeeding the first Monday in November
and shall occur in an even-numbered year; provided however, this
subdivision shall not apply to an election for the office of sheriff,
county clerk, district attorney, family court judge, county court judge,
surrogate court judge, or any offices with a three-year term prior to
January first, two thousand twenty-five.
Deputies. 1. Except as otherwise provided in this chapter, the
board of supervisors may authorize any officer of the county paid from
county funds or the head of any department to appoint one or more
deputies, who shall perform such duties not inconsistent with law as
shall be assigned to them by the appointing officer. In the event an
authorized officer or department head fails to appoint one or more
deputies and the authorized officer or department head is disabled for a
period greater than thirty days, the board of supervisors may appoint
such a deputy who shall possess the powers and perform the duties of the
principal until the disability is removed or until a successor is
elected or appointed and has qualified.
2. If there be but one deputy, he shall possess the powers and perform
the duties of his principal during the absence or inability of his
principal to act. If there be more than one deputy, the principal shall
designate in writing and file in the office of the county clerk and of
the clerk of the board of supervisors the order in which they are to
serve during his absence or inability to act.
3. In the event of a vacancy in the office of the principal, such
deputy, or the deputy so designated, shall possess the powers and
perform the duties of his principal until the disability is removed, or,
in case of a vacancy, until a successor is elected or appointed and has
qualified. If no designation shall have been made and filed, the senior
deputy shall act.
4. In the event of a vacancy in the office of the principal, the board
of supervisors may require such deputy to furnish an official
undertaking in an amount fixed by such board and approved as provided in
this chapter, and upon default thereof, said board of supervisors shall
have the power to designate another employee in such office or
department as the acting principal officer, who upon executing and
filing such undertaking shall have and exercise the powers and duties of
the office until a successor is elected or appointed and has qualified.
5. The provisions of this section shall not apply to the office of
undersheriff, or to the office of coroner or to the office of coroner's
physician.
6. The provisions of this section shall supersede inconsistent
provisions of section nine of the public officers law.
Oath of office. Every officer paid his compensation from county
funds shall take and file an official oath in the manner prescribed in
section ten of the public officers law. The refusal or neglect to take
and file such oath within the time prescribed by section thirty of the
public officers law, except in the cases of the sheriff, county clerk
and district attorney, shall be deemed a refusal to serve and the office
may be filled as in the case of a vacancy. Until the sheriff, county
clerk or district attorney shall take and file the required oath, he
shall not perform any duties of the office, nor be entitled to any
compensation.
Official undertakings. The county clerk, the county treasurer,
the district attorney, the sheriff, such county officers as shall be
specially required by law, and such other county officers as may be
required by local law or resolution of the board of supervisors, shall,
before entering upon the duties of his office, execute an official
undertaking as provided in section eleven of the public officers law,
except as otherwise provided by law. The amount of such undertaking
shall be fixed by the board of supervisors and approved by such board if
in session and if not in session by the county clerk, except the
undertaking of the county clerk shall be approved by the board of
supervisors if in session and if not in session by the county judge. The
undertaking of the county clerk shall name the county and the people of
the state of New York as obligees and shall include any liability with
respect to the mortgage tax.
When in the opinion of the board of supervisors the sureties are
deemed insufficient and the money and property of the county may be
unsafe, such board may direct a further undertaking upon ten days'
notification thereof in writing and such officer shall not perform any
duties nor be entitled to compensation until such further undertaking is
furnished. All elective and appointive county officers shall give such
other undertakings as may be required by law.
The board of supervisors or any county officer shall have the power to
demand the giving of an undertaking by subordinates or employees, as may
be deemed necessary. Any default or misfeasance in office on the part of
any such subordinate or employee shall be deemed a breach of the
undertaking of the county officer appointing him as well as a breach of
the undertaking furnished by such subordinate or employee.
The neglect to furnish and file any such undertaking within the time
prescribed by law, except in the cases of the sheriff, county clerk and
district attorney, shall be deemed a refusal to serve and the office may
be filled as in the case of a vacancy. Until the sheriff, county clerk
or district attorney shall execute and file the required undertaking, he
shall not perform any duties of the office, nor be entitled to any
compensation.
The board of supervisors shall cause an action to be brought upon any
breach of the conditions of any such undertaking.
Official seals. The official seals of boards of supervisors of
the several counties, county seal, county treasurer's seal and the seal
of the register of deeds shall continue to be the official seals,
respectively, of such boards, county treasurer, surrogate and register
of deeds and used as such, respectively, when authorized by law. When
any such seal shall be lost, destroyed, or become unfit for use, the
board of supervisors of the county interested therein or not having such
seal, shall cause a new seal or seals to be made at the expense of the
county. A description of each of such seals, together with the
impressions therefrom, shall be filed in the office of the county clerk
and in the office of the secretary of state. In counties having two
county seats, a duplicate of the county seal shall be procured and kept
at the county seat where the county clerk's office is not situated, at
some place to be designated by the county clerk and may be used by him
the same as at his office. In counties having but one court house and
which is located more than five miles from the county clerk's office, a
duplicate of the county seal shall be procured and kept at such court
house and the county clerk may use the same at such court house. The
seal kept by the county clerk in each county, as prescribed in the
judiciary law, shall continue to be the seal of the county, and must be
used by him where he is required to use an official seal.
Procedure when new officer assumes duties of office. 1. When a
newly elected or appointed county officer has qualified by taking and
filing the official oath and undertaking required of him by law, the
certificate furnished by the county clerk pursuant to section four
hundred shall be his authority to demand of his predecessor the custody
of all books, records, maps, papers, equipment, supplies, moneys and
property of the county to which such officer is entitled and directed to
have custody. Such inventories, statements or receipts, as may be
required of such officer by local law or by resolution of the board of
supervisors, shall be given. If the outgoing officer shall have died,
the administrator or executor of his estate may also demand a receipt of
the successor in office.
2. The outgoing sheriff, or the officer acting as sheriff, shall
deliver the custody of all prisoners confined in the jail, together with
all books, records, process, mandates, commitments and other papers
pertaining to the office, to the new sheriff and duplicate receipts
shall be given therefor. Uncompleted property executions and executions
directed against wages, earnings or income of a judgment-debtor shall be
delivered to the new sheriff.
3. The failure of any outgoing officer to deliver such custody within
ten days after such certificate has been delivered and a demand made
thereon, shall entitle the successor in office to maintain an action in
the name of the county against said predecessor in office, or the
administrator or executor of his estate, or against any employee or
other person having possession thereof, to obtain such custody and to
recover any damages that may have been suffered by the county by reason
of such detention, together with a penalty of five hundred dollars. The
county attorney shall appear for such county officer suing on behalf of
the county and the recovery together with the statutory costs shall be
the property of the county and may be used for general county purposes.
Reports of officers. 1. The county officer, who shall receive,
or is authorized by law to receive any fines, penalties, fees, or other
moneys belonging to the county or in which the county has an interest,
shall on or before the first day of February of each year, make a
verified or certified report thereof for the previous fiscal year,
except that a county treasurer, if authorized by the board of
supervisors, may, within the time period prescribed in section thirty of
the general municipal law, submit a copy of the annual report he makes
pursuant to section thirty of the general municipal law, provided,
however, that if the time for the filing of the annual report has been
extended by the state comptroller as provided in the said statute, then
the time for submitting a copy of the report to the board of supervisors
similarly shall be extended. The report shall state the nature and
amount thereof in such detail as the board of supervisors may direct by
local law or resolution. If no amount was received, the report shall so
state. It shall include any fees or other moneys earned by such officer
and payable to the county from the state or any unit of government
within the county, or of any other person. It shall include a statement
of the fines, penalties, fees, or other moneys received by such officer
and paid to any unit of government within the county or to the state.
Each county officer shall make such other reports as may be required by
law or by the board of supervisors. Reports may include such activities
and matters deemed of importance or of interest to the board of
supervisors and the public.
2. Whenever any county officer is required by law or by the board of
supervisors, to make any report, return, or statement and he shall
refuse to make the same, or he shall neglect to make the same and such
neglect is not waived by the board of supervisors or other public
officer entitled to receive the same, he shall forfeit to the county a
penalty of one hundred dollars, to be recovered by the district attorney
in an action brought in the name of the county. Upon application to the
supreme court upon eight days' notice to the district attorney and upon
good cause being shown, the court may grant an extension of twenty days
for the making and filing of such report. If the district attorney
refuses or neglects to make and file such report, the action shall be
brought by the county attorney in the name of the county. The recovery
together with the statutory costs shall be the property of the county
and may be used for general county purposes. Whenever such report,
return, or statement depends upon information to be given by some other
public officer, no recovery shall be had, if such county officer makes
and files such report, return, or statement, within ten days after
receipt of such information. When such report, return or statement is to
be filed with any state department, board or commission and there is a
refusal or failure to make and file the same, such department, board or
commission may certify the facts to the district attorney for
appropriate action.
3. The action to recover such penalty shall not be a bar to removal
from office, or any criminal prosecution.
Accounts of fees. The county officer authorized to receive fees
or other form of compensation belonging to the county shall keep a
record showing the nature thereof, from whom received, date of receipt,
amount and when paid to the county treasurer.
Supplies and equipment. 1. Except as otherwise provided by law
and when the office of county purchasing agent has not been created,
each officer paid compensation from county funds shall have power,
subject to rules of the board, to purchase necessary supplies and
equipment for his respective office or department within the limits of
the appropriation therefor.
2. The board of supervisors may authorize the purchase of supplies and
equipment through the office of the clerk of the board.
3. The board of supervisors may authorize the purchasing agent or
clerk of the board to purchase for and on behalf of the towns forms of
vouchers, budgets, account books, loose leaf ledger sheets, envelopes,
notices, reports and other uniform staple office supplies, subject to
the provisions of section four hundred eight-a of the county law and
section one hundred three of the general municipal law. By resolution
the board of supervisors shall determine the manner of requisition and
of payment in reimbursement.
Advertising for bids; letting of contracts. 1. Every officer,
board or agency of the county shall let all contracts for public work
and all purchase contracts to the lowest responsible bidder after
advertisement for bids where so required by section one hundred three of
the general municipal law. The board of supervisors may require
contracts involving an expenditure of less than the amount specified in
such section to be let in the manner provided therein. The term
"officer" as used in this section shall mean and include any officer
paid compensation from county funds.
* 2. The board of supervisors may, in the case of any purchase
contract or any contract for services, other than services subject to
article nine of the labor law, of the county to be awarded to the lowest
responsible bidder after advertisement for bids, authorize the inclusion
of a provision whereby purchases may be made or such services may be
obtained under such contract by any political subdivision or fire
company (as both are defined in section one hundred of the general
municipal law) or district. In such event, the board shall adopt rules
prescribing the conditions under which, and the manner in which,
purchases may be made or services may be obtained by such political
subdivision, fire company or district.
* NB Effective until July 31, 2029
* 2. The board of supervisors may, in the case of any purchase
contract or any contract for services, other than services subject to
article eight or nine of the labor law, of the county to be awarded to
the lowest responsible bidder after advertisement for bids, authorize
the inclusion of a provision whereby purchases may be made or such
services may be obtained under such contract by any political
subdivision or fire company (as both are defined in section one hundred
of the general municipal law) or district. In such event, the board
shall adopt rules prescribing the conditions under which, and the manner
in which, purchases may be made or services may be obtained by such
political subdivision, fire company or district.
* NB Effective July 31, 2029
Actions and proceedings in official capacity. 1. No officer
whose compensation is paid from county funds shall employ an
attorney-at-law to appear and prosecute or defend any civil action or
proceeding brought by or against him in an official capacity whenever
under the provisions of this chapter or other law it is made the duty of
the district attorney or county attorney to prosecute or defend the
same.
2. All damages recovered against, or costs and expenses lawfully
incurred by any officer whose compensation is paid from county funds in
the prosecution or defense of any civil action or proceeding brought by
or against him for an official act done or for failure to perform an
official act shall be a county charge and shall be audited and paid in
the same manner as other county charges. When the act upon which the
action or proceeding is based was done in good faith, but without
authority of law or authorization of the board of supervisors, the board
of supervisors may audit and pay the same as other county charges.
Cost of removal proceedings before the governor. The reasonable
costs and expenses in proceedings before the governor for the removal of
any county judge, surrogate, family court judge, district attorney,
sheriff, county clerk or any elective county officer removable by the
governor upon charges preferred against him, including the taking,
transcribing and printing of the testimony therein, shall be a charge
upon the county wherein said officer was elected or appointed.
Holding more than one elective office. No county judge, family
court judge, surrogate, district attorney, sheriff, county clerk or any
elective county officer shall be eligible to hold at the same time any
other elective county or town office, or that of city supervisor.
ARTICLE 9 Chairman of the Board of Supervisors
Chairman of the board; powers and duties. 1. The chairman of
the board of supervisors shall, at the time of his selection and
throughout the term of his office, be a member of the board of
supervisors and shall within twenty days after his selection take and
file in the office of the county clerk an oath of office as such
chairman and execute and file an official undertaking in such amount as
may be required by the board. Such undertaking shall be approved by the
board if in session and otherwise by the county clerk. Upon failure to
take said oath or to execute and file said undertaking within the time
therefor prescribed by law, the board of supervisors may declare a
vacancy and select another chairman from its membership. He shall be
ex-officio member of all committees and shall have the right to attend
meetings of all boards, commissions or other bodies appointed by the
board of supervisors or exercising county functions or expending county
funds. He shall have the right to inspect all books, accounts, records
or documents pertaining to the property, money or assets of the county
or over which the county has control.
2. It shall be the duty of such chairman: (a) to become familiar with
the property, functions and fiscal affairs of his county; (b) to see
that the statutory and local laws and resolutions of the board of
supervisors and directions of county officers empowered to make the same
are faithfully executed and report to the board any neglect of duty; (c)
to make recommendations to the board of supervisors on legislation,
rules and regulations and such other matters deemed material and
advisable; (d) to advise department heads and officers and recommend
matters deemed helpful in the performance of their duties.
3. The board of supervisors may delegate to such chairman the power
to: (a) transfer employees temporarily from one department or office to
another with the approval of the appointing officer or board; (b)
determine what officer shall perform a particular power or duty not
clearly defined by law; (c) determine what officers and employees may
attend conferences and schools conducted for the betterment of county
government; (d) execute and deliver documents and contracts authorized
by such board; (e) perform such other administrative duties as the board
may determine to be necessary to give full effect to the provisions of
this chapter.
ARTICLE 10 Clerk of the Board of Supervisors
Clerk of the board; term; duties. 1. The board of supervisors
shall appoint a clerk who shall serve during the pleasure of the board
and until his successor is appointed and has qualified.
2. The clerk shall keep a record of all acts and proceedings of the
board and be the custodian of the records, vouchers and other papers
required or authorized by law to be deposited in his office. He shall
have custody of all policies of insurance of all types carried on the
corporate property of the county and shall keep a record properly
indexed showing the property, name of insurance carrier, amount of
insurance and date of expiration of all policies. He shall prepare the
tax rolls, except when otherwise directed by the board of supervisors.
He shall perform such additional and related duties as may be prescribed
by law and directed by the board of supervisors.
ARTICLE 11 County Attorney
County attorney; term. 1. The board of supervisors of each
county shall appoint a resident attorney-at-law as county attorney for
the term of office for which the then members of such board were
elected. In any county having no resident attorney-at-law available, the
board of supervisors may employ an attorney-at-law residing in another
county.
2. The head of any county legal department created under the
provisions of this chapter shall have and exercise all the powers and
duties of the county attorney.
Duties. 1. The county attorney shall be the legal advisor to
the board of supervisors and every officer whose compensation is paid
from county funds in all matters involving an official act of a civil
nature. The county attorney shall prosecute and defend all civil actions
and proceedings brought by or against the county, the board of
supervisors and any officer whose compensation is paid from county funds
for any official act, except as otherwise provided by this chapter or
other law. Within the limits of the appropriation, the county attorney
may employ counsel to assist in any civil action or proceeding brought
by or against the county or any county officer in his official capacity.
Upon the appointment of a county attorney no consent or order of the
court shall be necessary to effect a substitution of attorneys.
2. Whenever the interests of the board of supervisors or the county
are inconsistent with the interests of any officer paid his compensation
from county funds, the county attorney shall represent the interests of
the board of supervisors and the county. In such case the officer may
employ an attorney-at-law at his own expense unless the provisions of
section eighteen of the public officers law are applicable.
3. The county attorney shall perform such additional and related
duties as may be prescribed by law and directed by the board of
supervisors.
4. The board of supervisors may include in such directions the
rendering of advice and service to town boards and town officers when
not in conflict with the interests of the county, board of supervisors
or an officer whose compensation is paid from county funds.
5. The board of supervisors may create the position of confidential
secretary to the county attorney. Such position shall be in the exempt
class of the civil service. The county attorney shall appoint such
confidential secretary, who shall serve at his pleasure.
Assistant county attorneys. 1. The board of supervisors shall
have power to authorize the county attorney to appoint one or more
assistant county attorneys. Every appointment of an assistant county
attorney shall be in a writing filed and recorded in the office of the
county clerk. The person so appointed shall take the prescribed oath of
office and furnish any required official undertaking. Any such
appointment may be revoked by the county attorney at any time by filing
a written revocation in the office of the county clerk.
2. The assistant county attorney shall perform such duties pertaining
to the office as may be directed by the county attorney.
3. The assistant, during the absence or inability of the county
attorney, shall perform the powers and duties of the office of county
attorney.
4. In the event of a vacancy in the office of county attorney, the
assistant shall perform the powers and duties of the office of county
attorney until a successor is appointed and has qualified.
5. If more than one assistant county attorney shall be appointed, the
county attorney shall designate in writing and file in the office of the
county clerk and clerk of the board of supervisors the order in which
such assistants shall exercise the powers and duties of the office in
the event of a vacancy or the absence or inability of such county
attorney to perform the duties of the office.
ARTICLE 12 County Clerk
County clerk; duties. 1. The county clerk shall perform the
duties prescribed by law as register, and be the clerk of the supreme
court and clerk of the county court within his county. He shall perform
such additional and related duties as may be prescribed by law and
directed by the board of supervisors.
2. He shall provide at the expense of the county, all books, files and
other necessary equipment for the filing, recording and depositing of
documents, maps, papers in actions and special proceedings of both civil
and criminal nature, judgment and lien dockets and books for the
indexing of the same as directed or authorized by law.
Deputy county clerk. 1. Within ten days after assuming the
duties of the office, each county clerk shall appoint a deputy county
clerk by an instrument in writing filed and recorded in his office. The
deputy county clerk shall perform such duties as may be assigned by the
county clerk and during the temporary absence or inability of the county
clerk, have and exercise all of the powers and duties of the office. In
case of a vacancy in the office of county clerk, the deputy county clerk
shall perform the duties of the county clerk until a successor is
elected or appointed and has qualified.
2. The county clerk in like manner may designate one or more employees
of his office to serve as acting deputy clerk during the absence or
inability of such deputy county clerk to perform the duties of the
office. If there be no deputy county clerk, or acting deputy county
clerk, the county judge may in the same manner designate an acting
deputy county clerk who shall serve until a successor is appointed by
the county clerk and has qualified.
3. The county clerk may appoint and remove such additional deputies
authorized to act generally for and in the place of their principal as
shall be authorized by resolution of the board of supervisors.
Special court clerks. The board of supervisors shall authorize
the appointment by the county clerk of such special court clerks
including naturalization clerks as may be necessary for the courts of
record sitting in the county to function properly. Special court clerks
shall have the same powers and duties as the county clerk for the
transaction of business at court sessions attended by them.
Photo recording. In any county in which documents to be
recorded in the county clerk's office are copies by use of a photo
copying process, such county clerk may cause the parts of such a
document to be separated temporarily to facilitate such process,
provided the document is restored to its original form immediately after
the completion of such process.
Consolidated lien index. 1. In counties having a population of
less than five hundred thousand, the county clerk may install and
maintain a single consolidated index, in lieu of all other indices
required by law, for the purpose of indexing alphabetically all liens or
encumbrances affecting real property recorded or filed in his office,
except mortgages, lis pendens and judgments.
2. A county clerk may adopt a new indexing system utilizing
electro-mechanical, electronic or any other method he deems suitable for
maintaining the indexes.
Court and trust fund register. Each county clerk shall keep a
book to be known as a court and trust fund register to be used solely as
a record of moneys and securities paid, transferred, or deposited, or
ordered to be so paid, transferred, or deposited into the courts of
which he is clerk. Upon the filing in his office of any judgment, order,
or decree directing the payment, transfer, or deposit of moneys or
securities into court, the amount thereof being stated, or determinable
upon the happening of the contingency expressed in said judgment, order
or decree; or upon the filing in his office of any report of a referee
or other person, or any receipt, or any other paper or record, from
which it appears that moneys or securities have been or should be
deposited into court pursuant to any judgment, order, or decree, or any
provision of law; or upon the receipt by any such clerk of moneys or
securities which may be deposited into court, by any provision of law,
without a court order, the clerk shall promptly enter in his court and
trust fund register (1) the name of the court directing the deposit, or
the source of the receipt if deposited without a court order, (2) the
title of the action or proceeding, (3) the amount of money or nature and
description of securities deposited or ordered to be deposited into
court, if stated, (4) a statement of any contingency expressed in the
judgment, order, or decree upon the happening of which the amount
required to be deposited shall be determinable, (5) the names of the
persons by whom and for whom the deposit is made, or ordered to be made,
if stated, and the purpose for which the deposit is made, or ordered to
be made, (6) the date and nature of each instrument, report, receipt,
record or other paper indicating moneys or securities deposited or to be
deposited into court, and the date of filing the same. Such moneys and
securities shall be paid to the county treasurer pursuant to article
twenty-six of the civil practice law and rules upon receipt being given
therefor. For failure to maintain such a register in accordance with the
provisions of this section, a county clerk shall be liable to a penalty
of two hundred fifty dollars, to be recovered by the state comptroller
in an action brought in his name as such comptroller and such penalty,
together with statutory costs, shall be paid to the state comptroller,
except that the foregoing shall apply only if the judgment, order or
decree directing payment into court shall contain, immediately following
the caption of the particular matter to which it relates, in capital
letters the words "Judgment Directs Payment Into Court" or other
appropriate language of similar import, sufficient to apprise the county
clerk or his assistant that entry in the court and trust fund register
with regard thereto is required.
Retention and destruction of certain recorded instruments.
After twenty years have elapsed from the date of recording a deed,
lease, contract, agreement, mortgage or a release of part of mortgaged
premises any such instrument so recorded which has not been returned to
the person presenting such instrument for recording or to some other
person authorized to receive the same, may be destroyed by the county
clerk without the permission of the commissioner of education provided
any such instrument is photographed, microphotographed or reproduced on
film preserved for examination and use.
Liability of county for negligence of county clerk and
employees of county clerk's office. Notwithstanding any inconsistent
provision of law, general, special or local, a county may by local law
assume the liability to save harmless and protect its county clerk and
employees of the county clerk's office from financial loss arising out
of any claim, demand, suit or judgment by reason of alleged negligence
of said county clerk or employees, provided such act was committed in
the discharge of their duties and within the scope of their employment.
Such county may by act of its legislative body arrange for purchase and
maintain appropriate insurance with any insurance company authorized to
do business in the state of New York for coverage against such
liability.
County clerk; appointment of notaries public. Each county clerk
shall designate from among the members of his or her staff at least one
notary public to be available to notarize documents for the public in
each county clerk's office during normal business hours free of charge.
Each individual appointed by the county clerk to be a notary public
pursuant to this section shall be exempt from the examination fee and
application fee required by section one hundred thirty-one of the
executive law.
ARTICLE 13 County Treasurer
County treasurer; duties. 1. The county treasurer shall perform
the duties prescribed by law as the chief fiscal officer of the county.
Such county treasurer shall perform such additional and related duties
as may be prescribed by law and directed by the board of supervisors.
2. The county treasurer shall receive and be the custodian of all
money belonging to the county or in which the county has an interest and
shall keep a true account of all receipts and the expenditures in books
provided by him at the expense of the county.
3. On or before the first day of March in each year the county
treasurer shall furnish a statement of and pay over to the state
comptroller all penalties or moneys belonging to the state. Any state
tax levied as part of the county tax shall be paid to the state
comptroller on or before the fifteenth day of May in each year. The
county treasurer, the county and the surety or sureties on the official
undertaking of such county treasurer shall be liable to the state for
all moneys collected and belonging to the state and for any state tax
levied as a part of the county tax together with interest not exceeding
ten per centum per annum, to reimburse the state for any borrowing
occasioned by any failure to pay the same to the state.
4. On or before the tenth day of January in each year, the county
treasurer shall transmit to the town clerk of each town within his
county a statement of all moneys paid by said county treasurer to the
supervisor of the town during the preceding year.
5. The county treasurer shall disburse all moneys received from the
fish and wildlife service of the United States department of the
interior pursuant to section seven hundred fifteen-s of the migratory
bird conservation act on a proportional basis to those units of local
government, including, but not limited to school districts and the
county itself in appropriate cases, which have incurred the loss or
reduction of real property tax revenues by reason of the existence of
such areas. Where such moneys are to be paid to the supervisors of
towns, in a case where any such wildlife refuge lands are located wholly
within the boundaries of an incorporated village, such moneys shall be
paid to the board of trustees of such village. Such moneys shall be used
exclusively for town or village highway purposes, as the case may be.
Where such moneys are paid to treasurers or other fiscal officers of a
school district, such moneys shall be used exclusively for public school
purposes. Upon request, a district superintendent of schools shall
furnish to the county treasurer such data as he may require to
effectuate the disbursement of moneys under this subdivision.
6. The board of supervisors may, by resolution, determine to enter
into a contract to provide for the deposit of the periodic payroll of
the county in a bank or trust company for disbursal by it in accordance
with the provisions of section ninety-six-b of the banking law.
Court and trust funds. 1. Upon demand being made in writing by
any person interested therein either as beneficiary or as guardian,
committee, conservator, next of kin or personal representative of any
beneficiary, the county treasurer shall within ten days after the first
day of July in each year make and file in the office of the clerk of his
county, a special report in respect to any trust in which the person in
behalf of whom the said demand is made may be interested, which shall
contain a statement of all moneys or securities in his hands belonging
to infants, or other persons, for whom invested and how invested with a
particular description of such securities, containing a statement of the
amount due thereon for principal and interest with a statement of his
account for each infant up to the date of said report, the amount in his
hands invested and uninvested and to whom the same belongs and if he has
in his hands any money not invested such report shall state the amount
thereof, the length of time the same has been in his hands uninvested
and the reasons therefor and whether the moneys so uninvested are for
principal and interest and the length of time any principal sum thereof
shall have remained so uninvested during the year preceding the date of
such report, which report he shall verify to be in all respects true.
2. Whenever required so to do by the state comptroller he shall
commence and maintain an action at the expense of the county for the
recovery of all moneys and securities paid into court, or that belong to
any heir, litigant or party, or that stand to the credit of any action
or proceeding, which have come into the hands of any county treasurer
whose right to office already has expired, or hereafter shall expire, or
which have been placed to his credit in any bank or depositary, or with
which he is in any way chargeable and which have not been delivered to
his successor and for all increase, loss, penalty, damage or expense
lawfully chargeable to such treasurer in connection therewith. A party
to whom such county treasurer may have transferred or assigned any
security or other property belonging to any fund held by him may be made
a defendant in the same action and the rights of the several parties
determined therein. Any action so brought at the direction of the state
comptroller shall not be discontinued or compromised without the
approval of the state comptroller.
3. Whenever any county treasurer, after service on him personally, or
by leaving at his office, in his absence, with some person having charge
thereof, or if such service cannot be made, by leaving with some person
of suitable age and discretion at his place of residence, or at his last
place of residence in the county, if he has departed therefrom, of a
certified copy of an order or judgment of the court, directing the
payment or delivery of any money, stocks, securities or other
investments held by him pursuant to an order of the court, to any person
or persons, shall fail or neglect so to do, or where any county
treasurer has invested or loaned any moneys held by him contrary to an
order of the court or of law and shall fail or neglect when required so
to do, to pay over the amount of the moneys so invested to the person or
persons entitled thereto, the court may, by order, direct that an action
be brought upon the official bond of such treasurer, against him and his
sureties for the amount so directed to be paid or delivered, or of the
moneys so invested in inadequate or worthless security for the benefit
of the person or persons in whose behalf the direction shall have been
by such order given and whose name or names appear therein, or their
assigns and thereupon such action may be brought for such purpose.
Liability of county for loss of court and trust funds. Each
county shall be responsible for all property or moneys deposited with
the county treasurer of the county by virtue of any judgment, decree or
order of a court of record in this state provided, however, that no
county shall be held liable for any loss due to the depreciated value of
an investment legal at the time of its purchase and which continued to
be a legal investment during the period of the trust. An action to
recover any loss to or of such fund may be brought against the county by
any party aggrieved or by the state comptroller in a court of competent
jurisdiction.
Trustee of cemetery lots. Any person, persons or corporation
owning or interested in a lot or lots in any cemetery in this state may
create a trust in perpetuity for the maintenance of such cemetery lot or
lots, the preservation of a building, structure, fence or walk in such
cemetery, the renewal or preservation of a tomb, monument, stone, fence,
railing or other erection or structure on or around any of such lots, or
the planting or cultivation of trees, shrubs, flowers or plants in or
about the same, or for any of such purposes, by transferring, conveying,
devising or bequeathing to the county treasurer of the county in which
such cemetery is located, real or personal property, and designating
such county treasurer as trustee in the instrument creating such trust.
Such instrument may direct that the income derived from such property
shall be applied to one or more of the purposes specified in this
section. A county treasurer designated as trustee pursuant to this
section must accept the property so transferred and, within five days
after the receipt thereof, shall give notice by registered mail to the
cemetery association or cemetery corporation or other entity owning the
cemetery that such property has been received pursuant to this section
for the purposes provided for in the instrument creating the trust and
such treasurer shall cause the same to be invested in accordance with
the terms of the trust, if any are prescribed, and otherwise shall
invest and re-invest such property in securities in which savings banks
are authorized to invest. The income derived from such property shall be
collected by the county treasurer who shall be entitled to receive and
deduct five per centum of such income for administering the trust. The
balance of such income shall be paid by the county treasurer to the
cemetery association or cemetery corporation or other entity owning the
cemetery, and such cemetery association or cemetery corporation or other
entity shall accept the same and apply the money so received, so far as
the same may be applicable, in furtherance of the purpose for which such
trust was created. In case the cemetery association or cemetery
corporation should become extinct, then it shall be the duty of the
supervisor of the town in which the cemetery is located, or the mayor of
the village or city, if it is located in a village or city,
respectively, to receive the income from such trust and expend it for
the purposes provided for in the instrument creating the trust.
ARTICLE 14 County Comptroller
County comptroller; term; vacancy. The office of county
comptroller may be created in any county upon the adoption of a
proposition submitted at a general election. The board of supervisors of
its own motion by local law adopted prior to September first in any
year, may create the office of county comptroller. Any such local law
shall be subject to a mandatory referendum. A copy of such local law
duly certified by the clerk of the board shall be filed forthwith with
the board of elections of the county which shall cause the proposition
to be submitted at the next general election occurring not less than
sixty days after the local law is filed with the board. Upon the filing
with the board of elections prior to September first in any year of a
petition duly signed and acknowledged or authenticated in the same
manner as a primary petition, by electors of the county equal to at
least five per centum of the total vote cast for governor in the county
at the last general election at which a governor was elected, praying
that the office of county comptroller be created in the county, the
board of elections shall cause the proposition to be submitted to the
electors of the county at the next general election following the filing
of the petition. The proposition shall be substantially in the following
form: "Shall the office of county comptroller be created in the county
of .......... ?" The proposition shall be submitted to the electors of
the county in the manner provided by this chapter for the submission of
a mandatory or permissive referendum. If the vote be in the affirmative,
at the first general election held thereafter there shall be elected a
county comptroller whose term shall be three years from and including
the first day of January following his election. Until such office be
abolished in the same manner as created, there shall continue to be
elected a county comptroller for the term of three years. The county
comptroller shall, before he enters upon the duties of his office, take
the constitutional oath of office and execute to the county and file an
official undertaking as provided in section eleven of the public
officers law. Any vacancy in the office of county comptroller shall be
filled by the governor in the same manner as other elective county
officers.
Deputy county comptroller. The county comptroller within ten
days after entering upon the duties of his office shall appoint a deputy
comptroller. Such appointment shall be in writing under his hand and
seal and be filed and recorded in the office of the county clerk. He
shall perform such duties as may be assigned by the comptroller, and
during the temporary absence of the comptroller he shall act as the
comptroller and in the event of a vacancy in the office, he shall
continue to act as such comptroller until a successor is elected or
appointed and has qualified.
Powers and duties. 1. The county comptroller shall: (a) have
general superintendence over the fiscal affairs of the county; (b) audit
all claims, accounts and demands that are lawful county charges with the
same effect as if audited and directed to be paid by the board of
supervisors; (c) keep books and records at the expense of the county
showing all appropriations, funds and expenditures together with the
name of the claimant and the amounts and nature thereof; (d) keep and
preserve all claims, accounts and demands, number them consecutively and
endorse thereon their allowance or disallowance in whole or in part; (e)
keep a separate account with each county officer or department and
special funds; (f) keep and preserve all contracts for the furnishing of
heat, light, telephone, supplies or other services; (g) keep a record of
all bonded indebtedness and other loans and conduct the sale of all
bonds pursuant to the provisions of the local finance law; (h) procure
bank statements from depositaries of county funds at least once a month
and reconcile them with his books and that of the county treasurer; (i)
subject to the provisions of the civil service law, certify the
correctness of payrolls for the payment of salaries of officers and
employees paid from county funds and deliver a certified transcript to
the county treasurer as authorization for payment; provided that if the
board of supervisors enters into a contract pursuant to subdivision six
of section five hundred fifty of this chapter such certified transcript
shall be delivered to the appropriate bank or trust company; (j) at
least once a year review all books and records, vouchers and other
papers pertaining to the money, funds and property of the county and
render a report thereon to the board of supervisors as to whether proper
books and records have been kept and all moneys and property of the
county accounted for; (k) cause to be printed within thirty days after
the close of the fiscal year for distribution to the board of
supervisors, county officers and the public, a verified statement in
summary form showing the receipts of money from all sources, the
expenditures and balances by funds, and bonded indebtedness together
with the terms of payment and the balance unpaid and such other
information as may be deemed proper or directed by the board of
supervisors; (1) in the county of Nassau, examine and audit on his own
motion or when directed to do so by resolution of the board of
supervisors all accounts, contracts, books and records of the Nassau
county industrial development agency as established by section nine
hundred twenty-two of the general municipal law, and all bank statements
from depositaries of such agency funds; (m) perform such additional and
related duties as may be prescribed by law or directed by the board of
supervisors.
2. The first elected county comptroller shall have power to employ at
the expense of the county and as authorized by the board of supervisors
such expert accountants as may be necessary to install a financial
system for the county.
3. All warrants directed to the county treasurer for payment shall
state the fund upon which it is chargeable. No fund shall be overdrawn
nor shall any claim be charged to any other fund.
4. All vouchers shall be verified or certified as required by section
three hundred sixty-nine of this chapter and approved by the county
officer or head of the department incurring same.
5. He may require any county officer or head of a department to
furnish an inventory of supplies and equipment on hand and any necessary
purchases contracted for or contemplated.
ARTICLE 15 County Auditor
County auditor; term; duties. 1. The board of supervisors shall
have power to create the office of county auditor, who shall be
appointed for the term for which the membership of such board appointing
him was elected. Except as hereinafter provided, he shall audit all
claims, accounts and demands which are made county charges by law and
which otherwise would be audited by the board of supervisors. By local
law or resolution, the board of supervisors may limit such audit to
certain types or classes of claims, may fix rules governing the
presentation to and the audit by such auditor and such other matters as
may be deemed proper. Within such authorization the county treasurer
shall pay the amounts audited and certified by such auditor as if the
same had been audited by the board of supervisors. He shall not be
removed during his term without written charges and the opportunity to
be heard. The board may provide for the purchase of supplies and
equipment through such auditor and may prohibit such auditor from
auditing his own orders as purchasing agent and such other matters as
shall be deemed advisable.
2. In any county having no county comptroller the board of
supervisors, by local law or resolution may provide that it shall also
be the duty of the county auditor to examine and audit, at times to be
determined by the board of supervisors, the books, records, vouchers and
other papers pertaining to the money, funds and property of any county
officer or department specified in such local law or resolution and
render a report thereon to the board of supervisors as to whether proper
books and records have been kept and all money and property accounted
for.
ARTICLE 16 County Purchasing Agent
County purchasing agent; terms; duties. The board of
supervisors shall have power to create the office of county purchasing
agent, who shall be appointed for the term for which the membership of
such board appointing him was elected. Except as otherwise provided by
law, he shall make all purchases and contracts for supplies for the
various county offices, buildings, institutions and grounds of the
county, and shall let to public advertisement and bid all purchases when
so required by section one hundred three of the general municipal law.
He shall prescribe the form of requisitions, and of receipts for
supplies delivered without requisition. No claim shall be audited and
paid without the requisition or delivery receipt being attached thereto.
He shall be the custodian of all vouchers, requisitions, receipts and
other papers pertaining thereto which shall be open to public
inspection. He shall upon dates to be fixed by the board and covering
periods to be specified by it furnish to the county treasurer and to the
clerk of the board of supervisors verified statements of all purchases
together with the quantity and price and shall furnish to the board of
supervisors such additional statements as the board may direct. He shall
perform such additional and related duties as may be prescribed by law
and directed by the board of supervisors.
Purchasing of products for county use. Notwithstanding the
provisions of section one hundred three of the general municipal law,
when purchasing products, the county purchasing agent may, wherever
recycled products meet contract specifications and the price of such
products is reasonably competitive, purchase such products. For the
purpose of this section and until July first, nineteen hundred
ninety-six, "recycled product" shall mean any product which has been
manufactured from secondary materials, as defined in subdivision one of
section two hundred sixty-one of the economic development law, and meets
secondary material content requirements adopted by the office of general
services under subdivision one of section one hundred seventy-seven of
the state finance law for products available to the county under state
contract or, if no such contract for such product is available, any
product which meets the secondary material content requirements adopted
by the county with respect to a specific commodity procurement by the
county. On and after July first, nineteen hundred ninety-six, "recycled
product" shall mean, for the purposes of this section, any product which
is manufactured from secondary materials, as defined in subdivision one
of section two hundred sixty-one of the economic development law, and
which meets the requirements of subdivision two of section 27-0717 of
the environmental conservation law and regulations promulgated pursuant
thereto. For the purpose of this section, "reasonably competitive" shall
mean that the cost of the recycled product does not exceed a cost
premium of ten percent above the cost of a comparable product that is
not a recycled product or, if at least fifty percent of the secondary
materials utilized in the manufacture of that product are generated from
the waste stream in New York state, the cost of the recycled product
does not exceed a cost premium of fifteen percent above the cost of a
comparable product that is not a recycled product. Whenever the county
purchasing agent shall purchase or cause the purchase of printing on
recycled paper pursuant to this section, he or she shall require the
printed material to contain the official state recycling emblem
established pursuant to subdivision two of section 27-0717 of the
environmental conservation law and regulations promulgated pursuant
thereto if such paper has been approved by the department of
environmental conservation as satisfying the requirements of such
statute and regulations, or, if such paper has not been so approved,
require the printed material to include a printed statement which
indicates the percentages of pre-consumer and post-consumer recycled
material content of such paper.
ARTICLE 17 Sheriff
General duties of sheriff. 1. The sheriff shall perform the
duties prescribed by law as an officer of the court and conservator of
the peace within the county. He shall perform such additional and
related duties as may be prescribed by law and directed by the board of
supervisors or the county legislature.
2. Upon written request by the issurer thereof, the sheriff shall
serve all civil process regardless of whether it has been issued by the
court.
Appointment of person to act as sheriff in certain cases. When
a vacancy shall occur in the office of sheriff, and there be no
undersheriff to perform the duties, the county judge shall designate and
appoint some suitable and proper resident of the county to perform the
duties of sheriff until a new sheriff is elected or appointed and has
qualified. The designation shall be in writing and filed and recorded in
the office of the county clerk. The county clerk shall notify the person
so designated of such designation, and within ten days thereafter, an
official undertaking shall be furnished in the same amount and approved
in the same manner as that of the sheriff. If such undertaking be not
furnished, the county judge shall designate another person in the same
manner.
Undersheriff and staff of sheriff. 1. Within ten days after
entering upon the duties of the office, the sheriff shall appoint an
undersheriff to serve during his pleasure. During the absence or
inability of the sheriff to act or when a vacancy shall occur in the
office of the sheriff, the undersheriff shall, in all things, execute
the duties of the office of sheriff until a new sheriff is elected or
appointed and has qualified.
2. Within the limits of the appropriation, the sheriff may appoint as
many regular deputy sheriffs as he may deem proper, but not exceeding
one for every three thousand inhabitants of the county. The board of
supervisors may, however, authorize the appointment of such additional
regular deputy sheriffs as it may determine. A female correction officer
or female deputy sheriff who is authorized to perform correctional
duties and has completed training, as mandated by the state commission
of correction, shall be in attendance in a correctional facility when
females are confined in the correctional facility and shall, when deemed
necessary by the sheriff or keeper of the jail to maintain the order and
security of the facility, be in attendance in any housing unit where
females are confined. A male correction officer or male deputy sheriff
who is authorized to perform correctional duties and has completed
training, as mandated by the state commission of correction, shall be in
attendance in a correctional facility when males are confined in the
correctional facility and shall, when deemed necessary by the sheriff or
keeper of the jail to maintain the order and security of the facility,
be in attendance in any housing unit where males are confined. The
sheriff may also appoint keepers, guards, clerks and employees as may be
authorized by the board of supervisors and such appointees shall serve
during his pleasure. Any person may also be deputed by any sheriff or
undersheriff by written instrument to do particular acts.
3. Each such appointment shall be in a writing filed and recorded in
the office of the county clerk.
4. Before the appointment by a sheriff of any person as an
undersheriff or a deputy, other than a person deputed to do particular
acts, the sheriff shall require such person to, and such person shall,
submit to the sheriff fingerprints of such person, in the form and
manner prescribed by the division of criminal justice services, and it
shall thereupon be the duty of the sheriff to compare, or cause to be
compared such fingerprints with fingerprints filed with the division of
criminal justice services; provided, however, that in any case where the
fingerprints of any such person shall once have been submitted pursuant
to this section and are on file in the office of the sheriff, no new
submission thereof shall be required, nor shall the sheriff be required
to make or cause to be made such comparison if such comparison shall
have been made previously and certification thereof by such department
is on file in his office.
Appointment and promotion of deputy sheriffs. 1. In any
county outside the city of New York where heretofore there has been
established a procedure for the appointment and promotion of personnel
within the office of the sheriff, the appointment and promotion of
personnel within the office of the sheriff may continue to be made
pursuant to that procedure through March thirty-first, nineteen hundred
ninety-three, any other provision of law notwithstanding.
2. Nothing contained herein shall be construed to alter or restrict
the authority of a county to change the method of appointment or
promotion of deputy sheriffs by a duly adopted local law, nor shall
anything contained herein be construed to alter any existing collective
bargaining agreement between a county and an employee organization
representing deputy sheriffs, nor to alter or restrict the power of any
county or employee organization to contract with respect to an alternate
method of appointment or promotion of deputy sheriffs.
Part time deputy sheriffs. Within the limits of the
appropriation, the sheriff may employ such number of part time deputies,
as he may deem necessary, who shall be paid a salary or on a per diem
basis as the board of supervisors may determine. Such deputies shall be
appointed in the same manner as regular deputies and shall perform only
those duties and powers authorized by such sheriff. Whenever deemed
necessary, a sheriff may deputize persons to serve civil process and
execute civil mandates.
Deputizing local police officers or peace officers. The sheriff
may in his discretion deputize the police officers or peace officers of
cities, towns, villages and special districts and agents of societies
incorporated for the purpose of prevention of cruelty to animals, for
the purpose of authorizing an arrest without a warrant outside the
territorial limits of such city, town, village or special district, when
such crime or infraction was committed within such territorial limits in
the presence of such officer. Such officer shall not be deemed an
officer, agent, servant or employee of the county.
Emergency special deputies. For the protection of human life
and property during an emergency, the sheriff may deputize orally or in
writing such number of additional special deputies as he deems
necessary. If he is unable to continue the services of such special
deputies without compensation, he may pay the compensation of any such
special deputies in such amount as the board of supervisors may
determine for each day any such special deputy is actually engaged in
assisting him in the performance of his duties, or in assisting any
other sheriff who has declared a state of special emergency, pursuant to
the provisions of section two hundred nine-f of the general municipal
law, with the permission of the sheriff who deputized him. If the board
of supervisors shall fail to fix the compensation of such special
deputies, the sheriff may fix such compensation at not exceeding three
dollars per hour for each such special deputy. The compensation of any
special deputy so appointed shall be a county charge. The board of
supervisors may direct the manner of payment including a direction of
approval for such payment by the chairman of a designated committee of
the board.
Emergency equipment and apparatus. If, in the protection of
human life and property, the sheriff shall deem it necessary to hire any
equipment or apparatus together with the operator thereof, he may hire
the same during the period of an emergency or catastrophe at a
reasonable charge therefor. The same shall be audited and paid as a
county charge in the manner prescribed by the board of supervisors, and
in the discretion of such board, there may be a direction that the
further hiring and payment be approved by the chairman of the board or
of a designated committee of such board.
Emergency fund. The board of supervisors shall have power to
appropriate and set aside a fund for the purpose of paying in advance of
audit expenditures of a sheriff in an emergency or catastrophe for
services and expenses of special deputies and for the hiring of
equipment and apparatus and the operator thereof. The board may
authorize the sheriff to issue orders on the county treasurer for the
payment thereof and may require a countersignature of the chairman of a
designated committee of such board. It may further direct the rendering
of an accounting of such expenditures with verified or certified
vouchers attached and such other conditions and rules as the board may
deem proper. The claimant and the sheriff shall be jointly and severally
liable for any item of expenditure for other than a lawful county
purpose disallowed upon a final audit to be recovered in an action
brought by the board of supervisors in the name of the county.
Fund for expenses of sheriff in transporting prisoners. The
board of supervisors shall have power to, and may, provide a fund for
the payment in advance of audit of properly itemized and verified bills
for the expenses of the sheriff lawfully and necessarily incurred in the
transportation of prisoners, and, by resolution, authorize the county
treasurer to apply said fund in payment of such bills on the approval of
the sheriff endorsed thereon; said bills so paid to be transmitted to
the clerk of the board of supervisors and audited by it at its next
regular session held subsequent to their payment. The sheriff and any
claimant receiving payment as aforesaid shall be jointly and severally
liable for any item or items contained in a bill so paid in advance of
audit which shall be disallowed and rejected by the board of supervisors
upon final audit, to be recovered in an action brought by the board of
supervisors in the name of the county.
Verification of informations. Where a summons has been served
by a sheriff or one of his staff, in lieu of arrest, in cases of
violations of the vehicle and traffic law or of ordinances and orders
enacted pursuant to that law, any sheriff or undersheriff may administer
to any member of his staff any necessary oath in connection with the
laying of such information to be presented to the court by such member
of his staff in prosecution of the offense.
Jail records. The sheriff shall cause such records to be kept
at the jail as may be required by law.
Services on behalf of the state. All fees or other form of
compensation audited and paid by the state comptroller for services
rendered to the people of the state including a reasonable allowance for
removing persons from state and Indian lands, shall be the property of
the county. All disbursements incurred in connection with such service
when not a proper county charge shall be audited by the state
comptroller and paid to the sheriff of the county.
When sheriff party to an action or proceeding. 1. In an action
or special proceeding to which the sheriff is a party, all mandates
shall be directed to the county clerk of the county, who shall execute
the same with all the powers and duties of a sheriff including the power
to arrest under civil process and to accept undertakings for jail
liberties, and shall be subject to the same liability as the sheriff for
escape. The place of confinement of such sheriff shall be a house other
than the jail or the home of the sheriff situate within the limits of
jail liberties, and such house shall be deemed the county jail for all
purposes of confinement and liability for escape. Such clerk shall have
power to prosecute such undertaking the same as a sheriff and may assign
the undertaking to the party at whose instance such sheriff was
arrested.
2. When the sheriff is the plaintiff in an action or special
proceeding and another person is arrested under civil process at the
instance of the sheriff, the county clerk shall confine such person in
the county jail. The county clerk shall be liable in the same manner as
the sheriff, except that he shall not be liable while the person is
confined in the jail and in the custody of the sheriff.
Appointment of private college campus security officers at
independent non-profit colleges. 1. Notwithstanding any other provision
of law to the contrary, the sheriff of any county, any part or all of
which falls outside the limits of a city having a population of one
million or more, may appoint as private college campus security officers
security guards employed by an independent non-profit college upon the
request of such independent non-profit college in accordance with the
provisions of subdivision five of section sixty-four hundred fifty of
the education law. The sheriff may appoint such campus security officers
pursuant to this section only if more than fifty percent of the total
acreage of real property owned by or under the control of such
independent non-profit college is located within such sheriff's county
of jurisdiction and outside the geographic boundaries of any city within
such county and the county legislature or board of supervisors, pursuant
to local law or resolution duly adopted, has authorized the sheriff to
make such appointments. Any such security guards appointed as campus
security officers shall be employees of the independent non-profit
college requesting such appointment and shall not be officers, agents,
servants or employees of the appointing sheriff or his county of
jurisdiction nor be considered public officers, agents, servants or
employees. Such campus security officers shall have only those powers
set forth in subdivision five of section sixty-four hundred fifty of the
education law.
2. The sheriff may condition appointment as private college campus
security officers upon compliance by such campus security officers with
written procedures established by the sheriff in order to ensure a
coordinated and cooperative law enforcement effort and the payment of an
administrative fee not to exceed fifty dollars per year per campus
security officer and may revoke such appointments at any time for
material non-compliance with the requirements of such written procedures
or subdivision five of section sixty-four hundred fifty of the education
law or for any other reason that shall disqualify a security guard from
being such a campus security officer pursuant to the provisions of such
subdivision.
ARTICLE 17-A Coroner, Coroner's Physician and Medical Examiner
Application of article. 1. The provisions of this article
insofar as they are (a) in conflict with or in limitation of a provision
of any alternative form of county government heretofore or hereafter
adopted by a county pursuant to section one of article nine of the
constitution, or any administrative code, county government law, county
charter or civil divisions act enacted by the legislature and applicable
to such county as now in force or hereafter amended, or (b) in conflict
with any local law heretofore or hereafter adopted by any county under
an optional or alternative form of county government, or (c) in conflict
with any special act of the legislature applicable to a county, or (d)
in conflict with or limitation of a county charter or charter law
adopted pursuant to article four of the municipal home rule law
constituting the county charter law, or an administrative code or local
law of a county which has adopted a county charter pursuant to such
article, as now in force or as hereafter amended, shall not be
applicable to such county.
2. In the exercise of its power to enact local laws, and in addition
to any such power conferred by article two or article four of the
municipal home rule law or other applicable law, the board of
supervisors or other elective governing body of any county, other than a
county wholly included within a city, may adopt and make applicable to
such county, or to its officer performing the functions of a medical
examiner, by whatever name designated, any provision of this article
which is inapplicable to such county under the provisions of subdivision
one of this section, provided that such power shall be exercised in the
manner and subject to any veto, referendum or other requirement provided
by applicable law.
General duties of coroner, or coroner and coroner's physician,
or medical examiner; additional duties may be directed. 1. The coroner,
or if he is not a physician duly licensed to practice medicine in this
state, the coroner and a coroner's physician, together, or in counties
in which the office of coroner has been abolished, the medical examiner,
(a) shall make inquiry into unnatural deaths within his county as
prescribed by law;
(b) shall make inquiry into all deaths whether natural or unnatural in
his or her county occurring to an incarcerated individual of a
correctional facility as defined by subdivision three of section forty
of the correction law, whether or not the death occurred inside such
facility.
2. The coroner shall perform such additional and related duties as may
be prescribed by law and directed by the board of supervisors.
3. In those counties in which the office of coroner has been
abolished, the medical examiner shall perform such additional and
related duties involving exercise of professional skills and training as
may be prescribed by the board of supervisors and the district attorney.
Mutual aid agreements for coroners' services. 1. Two or more
counties are authorized to enter into written mutual aid agreements for
the provision of services provided by the county coroner's office or
office of the medical examiner in such counties. Each county shall be
liable for acts or omissions of its employees or agents when acting
pursuant to such an agreement in the same manner and to the same extent
as if such acts or omissions occurred within the county; and such
employees or agents shall have immunities and privileges for their acts
or omissions when acting pursuant to such an agreement in the same
manner and to the same extent as if such acts or omissions occurred
within the county.
2. Nothing in this section shall be construed to alter the liability
of any county that enters into a mutual aid agreement pursuant to this
section to a third party claimant for any cause of action that arises
out of such agreement or the joint and several liability of any county
that enters into a mutual aid agreement pursuant to this section.
Deaths concerning which a coroner, coroner and coroner's
physician or medical examiner has jurisdiction to investigate. 1. A
coroner or medical examiner has jurisdiction and authority to
investigate the death of every person dying within his county, or whose
body is found within the county, which is or appears to be:
(a) A violent death, whether by criminal violence, suicide or
casualty;
(b) A death caused by unlawful act or criminal neglect;
(c) A death occurring in a suspicious, unusual or unexplained manner;
(d) A death while unattended by a physician, so far as can be
discovered, or where no physician able to certify the cause of death as
provided in the public health law and in form as prescribed by the
commissioner of health can be found;
(e) A death of a person confined in a public institution other than a
hospital, infirmary or nursing home.
2. Except as provided in subdivision one of section six hundred
seventy-four of this article, when a coroner is not a physician duly
licensed to practice medicine in this state, the jurisdiction and
authority specified in this section must be exercised jointly by the
coroner and a coroner's physician.
Manner of investigation. 1. When a coroner or medical examiner
is informed of the occurrence of a death within his jurisdiction as
defined in section six hundred seventy-three of this article, he shall
go at once to the place where the body is and take charge of it. If the
coroner is not a physician duly licensed to practice medicine in this
state, he shall at once notify and designate a coroner's physician to
act with him. If no coroner's physician is available, he shall employ
and designate a physician qualified to make postmortem examinations and
dissections and to testify thereon, and the physician so employed shall
be deemed a coroner's physician for the purpose of the investigation,
and any statute referring to a coroner's physician shall be applicable
to him so far as concerns that investigation. Such coroner's physician
so notified or employed, and designated, shall also go to the place
where the body is, and the coroner and such coroner's physician shall
jointly take charge of the body. Notwithstanding any general, special or
local law, the coroner, or coroner and coroner's physician, or the
medical examiner, shall have authority to the extent required for the
investigation to remove and transport the body upon taking charge of it.
Notwithstanding the foregoing, in a county with a population of less
than two hundred thousand, a coroner who is not a physician duly
licensed to practice medicine in this state may, with respect to deaths
specified in paragraph (e) of subdivision one of section six hundred
seventy-three of this article, take charge of, remove and transport the
body, without first notifying and designating a coroner's physician
when, in the opinion of the coroner, it would be impossible or
impractical to at once notify and designate a coroner's physician to go
to the place where the body is; provided, however, that the coroner
shall notify and designate a coroner's physician to act with him in such
case as soon as practicable, and in any event within twenty-four hours,
after taking charge of the body.
2. The coroner, or the coroner and coroner's physician, or the medical
examiner, shall fully investigate the essential facts concerning the
death, taking the names and addresses of as many witnesses thereto as it
may be practicable to obtain, and before leaving the premises shall
reduce all such facts to writing. He or they shall take possession of
any portable object which, in his or their opinion, may be useful in
establishing the cause or means of death.
3. (a) In the course of the investigation, the coroner or coroner and
coroner's physician, or the medical examiner, shall make or cause to be
made such examinations, including an autopsy, as in his or their opinion
are necessary to establish the cause of death, or to determine the means
or manner of death, or to discover facts, the ascertainment of which is
requested in writing by a district attorney, or a sheriff, or the chief
of a police department of a city or county, or the superintendent of
state police; provided, that if the coroner is not a physician duly
licensed to practice medicine in this state, the determination whether
an autopsy or any subsequent examination or analysis of tissue or organs
is necessary shall be made by the coroner's physician, and any such
autopsy, examination or analysis shall be made by him or at his
direction, and provided further that, if so provided by local law of the
county, written concurrence of the district attorney or the county
health officer or the sheriff, or written concurrence of all or any of
them, as the local law shall specify, shall be required for any
determination by a coroner's physician under this subdivision whether
acting as such physician or as deputy coroner pursuant to subdivision
four-b of section four hundred of this chapter, or for any determination
by the medical examiner, that an autopsy or any subsequent examination
or analysis of tissue or organs is necessary. The authority to make any
examination as provided in this section includes authority to remove,
retain and transport or send, for the purpose of the examination, any
tissue or organs and any portable object.
(b) The coroner or coroner and coroner's physician, or the medical
examiner, also shall make or cause to be made, quantitative tests for
alcohol, and for any trace of a controlled substance, as defined in
section three thousand three hundred six of the public health law, that
the coroner, coroner's physician or medical examiner has reasonable
cause to believe is present, on the body of every operator of a motor
vehicle or a pedestrian sixteen years of age or older who was involved
in and died as a result of a motor vehicle accident; provided, however,
such tests shall not be made pursuant to the provisions of this
paragraph if such coroner, coroner's physician or medical examiner has
reason to believe that the decedent is of a religious faith which is
opposed to such test on religious or moral grounds.
4. A coroner, coroner's physician or medical examiner shall have power
to subpoena and examine witnesses under oath in the same manner as a
magistrate in holding a court of special sessions.
5. Notwithstanding section six hundred seventy of this article or any
other provision of law, the coroner, coroner's physician or medical
examiner shall promptly perform or cause to be performed an autopsy and
to prepare an autopsy report which shall include a toxicological report
and any report of any examination or inquiry with respect to any death
occurring within such coroner's, coroner's physician's or medical
examiner's county to an incarcerated individual of a correctional
facility as defined by subdivision three of section forty of the
correction law, whether or not the death occurred inside such facility.
For the purposes of this subdivision, in addition to anything else
required by law, an autopsy report shall include all photographs of the
body, microscopic slides, and post-mortem x-rays taken by or at the
direction of the person performing the autopsy, and all photographs,
microscopic slides, and post-mortem x-rays reviewed by the person
performing the autopsy in the course of their examination or in the
course of their diagnosis of the cause of death and the means or manner
of death.
Manner of investigation when decedent is a donor of an
anatomical gift. 1. Notwithstanding any provision of law to the
contrary, if the decedent who is under the jurisdiction of the coroner
or medical examiner as defined in this chapter is a donor of all or part
of his body as defined in the public health law including properly
executed consent, such body or part thereof being medically suitable for
transplant and the donation having been executed pursuant to the
provisions of the public health law, the coroner, the coroner's
physician or the medical examiner who has notice of such donation shall
only perform an autopsy and/or analysis of tissues or organs in a manner
and within a time period compatible with the preservation for the
purposes of transplantation of said donation.
2. A physician or surgeon authorized to remove the anatomical gift by
the public health law may remove the donated part or parts of said
donor's body for acceptance by a person authorized to become a donee by
the public health law under the following circumstances:
a. after completion of an autopsy and/or analysis of tissues or organs
of said donor by the coroner, the coroner's physician or medical
examiner as provided in subdivision one of this section; or
b. after notice to the coroner or medical examiner, if such autopsy
and/or analysis is not undertaken in the manner and within the time
provided in subdivision one of this section. The coroner, medical
examiner or representative thereof may be present during removal of the
anatomical gift.
3. The physician performing a transplant from a donor under the
coroner's or medical examiner's jurisdiction shall file with such
coroner or medical examiner a report detailing the condition of and the
relationship to the cause of death of the part of the body that is the
anatomical gift. If appropriate, such report shall include a biopsy or
medically approved sample from the anatomical gift. Such report shall
become part of the coroner's or the medical examiner's report.
Advice, consultation, assistance, examinations, analyses and
reports. 1. A coroner, coroner's physician or medical examiner shall
have authority when necessary in his opinion to consult with and to
request advice, consultation or other assistance from any officer of a
department of the state government, from any medical examiner of any
city or county, from any other coroner or coroner's physician of any
county, or from the head of any public health laboratory, police
laboratory or state or municipal laboratory or from any member of the
staff of such laboratory designated for such purpose by the head
thereof, or from any physician qualified to make postmortem examinations
and to testify thereon; and to request from any such person such tests,
examinations or analyses and reports with respect thereto as are
necessary in his opinion, with respect to the body of the deceased or
any part thereof or with respect to any other matter related to his
investigation.
2. Subdivision one of this section does not empower a coroner,
coroner's physician or medical examiner to incur charges against county
funds except as authorized by the board of supervisors.
Employment of stenographer. When the services of a stenographer
shall not have been provided by the board of supervisors, or if a
stenographer so provided is not available, the coroner, coroner's
physician or medical examiner shall have power to employ a stenographer
for the purpose of taking statements and reducing to writing the
testimony of witnesses or of transcribing or reproducing any report or
document required by his investigation. If the board of supervisors has
not fixed any rate of compensation, such stenographer shall be paid for
taking and transcribing minutes at the rate charged by official court
stenographers in the county.
Records; reports. 1. The writing made by the coroner, or by the
coroner and coroner's physician, or by the medical examiner, at the
place where he takes charge of the body, shall be filed promptly in the
office of the coroner or medical examiner. The testimony of witnesses
examined before him and the report of any examination made or directed
by him shall be made in writing or reduced to writing and thereupon
filed in such office.
2. The report of any autopsy or other examination shall state every
fact and circumstance tending to show the condition of the body and the
cause and means or manner of death. The person performing an autopsy,
for the purpose of determining the cause of death or means or manner of
death, shall enter upon the record the pathological appearances and
findings, embodying such information as may be prescribed by the
commissioner of health, and append thereto the diagnosis of the cause of
death and of the means or manner of death. Methods and forms prescribed
by the commissioner of health for obtaining and preserving records and
statistics of autopsies conducted within the state shall be employed. A
detailed description of the findings, written during the progress of the
autopsy, and the conclusions drawn therefrom shall, when completed, be
filed in the office of the coroner or medical examiner.
3. (a) The coroner or coroners of each county, or the medical
examiner, shall keep full and complete records, properly indexed,
stating the name, if known, of every person whose death is investigated,
the place where the body was found, the date of death, if known, and if
not known, the date or approximate date as determined by the
investigation, to which there shall be attached the original report of
the coroner, or coroner and coroner's physician or physician employed,
or medical examiner, and the detailed findings of the autopsy, if any.
Such records shall be kept in the office of the county clerk except in
those counties having a full-time coroner or medical examiner, in which
case such records shall be kept in the office of the coroner or medical
examiner.
(b) Such records shall be open to inspection by the district attorney
of the county. Upon application of the personal representative, spouse
or next of kin of the deceased to the coroner or the medical examiner, a
copy of the autopsy report, as described in subdivision two of this
section shall be furnished to such applicant. Upon proper application of
any person who is or may be affected in a civil or criminal action by
the contents of the record of any investigation, or upon application of
any person having a substantial interest therein, an order may be made
by a court of record, or by a justice of the supreme court, that the
record of that investigation be made available for his inspection, or
that a transcript thereof be furnished to him, or both.
4. The coroner, coroner's physician or medical examiner shall promptly
deliver to the district attorney copies of all records pertaining to any
death whenever, in his opinion, or in the judgment of the person
performing the autopsy, there is any indication that a crime was
committed.
5. The coroner, coroner's physician or medical examiner shall promptly
report to the commissioner of motor vehicles, in a form and manner
specified by the commissioner, the results of all quantitative tests for
alcohol, and for any trace of a controlled substance, as defined in
section three thousand three hundred six of the public health law, that
the coroner, coroner's physician or medical examiner has reasonable
cause to believe is present, performed upon bodies of victims of motor
vehicle accidents pursuant to the requirements of subdivision three of
section six hundred seventy-four of this chapter.
6. Notwithstanding section six hundred seventy of this article or any
other provision of law, the coroner, coroner's physician or medical
examiner shall promptly provide the chair of the correction medical
review board and the commissioner of corrections and community
supervision with copies of any autopsy report, toxicological report or
any report of any examination or inquiry prepared with respect to any
death occurring to an incarcerated individual of a correctional facility
as defined by subdivision three of section forty of the correction law
within their county; and shall promptly provide the executive director
of the justice center for the protection of people with special needs
with copies of any autopsy report, toxicology report or any report of
any examination or inquiry prepared with respect to the death of any
service recipient occurring while such person was a resident in any
facility operated, licensed or certified by any agency within the
department of mental hygiene, the office of children and family
services, the department of health or the state education department. If
the toxicological report is prepared pursuant to any agreement or
contract with any person, partnership, corporation or governmental
agency with the coroner or medical examiner, such report shall be
promptly provided to the chair of the correction medical review board,
the commissioner of corrections and community supervision or the
executive director of the justice center for the protection of people
with special needs, as appropriate, by such person, partnership,
corporation or governmental agency. For the purposes of this
subdivision, in addition to anything else required by law, the copy of
the autopsy report shall include all photographs of the body and
post-mortem x-rays taken by or at the direction of the person performing
the autopsy, and all photographs and post-mortem x-rays reviewed by the
person performing the autopsy in the course of their examination or in
the course of their diagnosis of the cause of death and the means or
manner of death. Such copy of the autopsy report may also include images
of all microscopic slides taken by or at the direction of the person
performing the autopsy and images of all microscopic slides reviewed by
the person performing the autopsy in the course of their examination or
in the course of their diagnosis of the cause of death and the means or
manner of death. If such images of microscopic slides are not included
in the copy of the autopsy report provided pursuant to this subdivision,
the copy of the autopsy report shall indicate that such images of
microscopic slides have been omitted, and, upon request of the chair of
the correction medical review board, the commissioner of corrections and
community supervision or the executive director of the justice center
for the protection of people with special needs, a coroner, coroner's
physician or medical examiner shall promptly provide access to inspect
such microscopic slides or, where practicable, provide images of such
microscopic slides.
7. (a) Upon the written request of the commissioner of mental health,
the commissioner of the office for persons with developmental
disabilities, the director of the mental hygiene legal service, the
executive director of the justice center for the protection of people
with special needs or the director of a mental hygiene facility, as
defined in subdivision two of section five hundred fifty of the
executive law, at which the deceased was a patient or resident, the
coroner, coroner's physician or medical examiner shall provide such
person with a copy of all reports and records, including, but not
limited to, autopsy reports and toxicological reports related to the
deceased prepared by a person, partnership, corporation or governmental
agency pursuant to any agreement or contract with the coroner or medical
examiner with respect to the death of a patient or resident receiving
services at such a mental hygiene facility.
(b) Upon the written request of the commissioner of mental health, or
commissioner of developmental disabilities, or a director of a
departmental facility as defined in section 1.03 of the mental hygiene
law, or the executive director of the justice center for the protection
of people with special needs, the coroner, coroner's physician or
medical examiner shall transmit to the commissioner, or such director,
or any member of the justice center medical review board, original
autopsy slides, tissue materials and specimens taken from the body of a
deceased patient or resident as defined in paragraph (a) of this
section. Such original materials may be used and tested by such office
of the department of mental hygiene, or such director, and justice
center medical review board pursuant to its authority under section five
hundred fifty-six of the executive law. Such slides, materials and
specimens may be retained for a reasonable time, and shall be returned
to the office of the coroner or medical examiner in good condition
allowing for reasonable use for study and testing purposes.
8. The coroner, coroner's physician or medical examiner shall
promptly, but in no event later than sixty days from the date of death,
absent extraordinary circumstances, provide the office of children and
family services with copies of any autopsy report, toxicological report
or any report of any examination or inquiry prepared with respect to any
death occurring to a child whose care and custody or custody and
guardianship has been transferred to an authorized agency, a child for
whom child protective services has an open case, a child for whom the
local department of social services has an open preventive services
case, or a child reported to the statewide central register of child
abuse and maltreatment. If the toxicological report is prepared pursuant
to any agreement or contract with any person, partnership, corporation
or governmental agency with the coroner or medical examiner, such report
shall be promptly, but in no event later than sixty days from the date
of death, absent extraordinary circumstances, provided to the office of
children and family services by such person, partnership, corporation or
governmental agency. Where the death involves a child reported to the
statewide central register of child abuse and maltreatment, the reports
referred to in this subdivision shall also be promptly, but in no event
later than sixty days from the date of death, absent extraordinary
circumstances, provided to the local child protective service
investigating the report pursuant to section four hundred twenty-four of
the social services law.
9. (a) When required for official purposes of the state department of
health, the state commissioner of health or their designee may request
copies of all reports and records related to a death, including, but not
limited to, autopsy reports and toxicology reports. Upon receipt of the
written request of the state commissioner of health or their designee, a
coroner, coroner's physician or medical examiner, shall, within three
business days of their completion, provide to such commissioner or their
designee a copy of all reports and records, including, but not limited
to, autopsy reports and toxicology reports related to the death.
(b) When required for official purposes of a health district as
defined in section two of the public health law, the local health
officer of such district may request copies of all reports and records
related to a death, including, but not limited to, autopsy reports and
toxicology reports when: (i) a death occurs within the local health
district in which the local health official exercises jurisdiction; or
(ii) a death occurs outside the local health district in which the local
health officer exercises jurisdiction, provided that the decedent was a
resident of such local health district when they:
(1) sustained a physical injury or toxicological exposure that was a
direct or contributing cause of death;
(2) received significant medical care or treatment for the disease or
condition leading to death; or
(3) were pronounced dead or the body was found.
(c) Upon receipt of the written request of the local health officer, a
coroner, coroner's physician or medical examiner, shall:
(i) when such death has occurred within the local health district in
which the requesting local health officer exercises jurisdiction,
provide to such local health officer a copy of all reports and records,
including, but not limited to, autopsy reports and toxicology reports
related to the death within three days of their completion; or
(ii) when such death has occurred outside of the local health district
in which the requesting local health officer exercises jurisdiction,
provide to such local health officer a copy of all reports and records,
including but not limited to, autopsy reports and toxicology reports
related to the death within the earlier of (1) seven days of their
completion; or (2) seven days of receiving such written request; and
(iii) maintain such documents as part of the official case record.
(d) The requesting local health officer shall maintain a log of all
requests made outside of their local health district and shall, within
three business days of making the request, provide a copy of the written
request to the local health officer with jurisdiction over the local
health district from which the records were requested.
10. (a) The coroner, coroner's physician or medical examiner shall
report to the division of veterans' services, in a form, and time frame
developed by the department of health in a manner that is protective of
privacy and contains aggregate, rather than individual data to the
extent practicable, any death which appears to be caused by suicide by a
person who, to the knowledge of the coroner, coroner's physician or
medical examiner, is a veteran.
(b) For the purposes of this subdivision, veteran means a person who
served in the United States army, navy, air force, space force, marine
corps, coast guard, and/or reserves thereof, and/or in the army national
guard, air national guard, New York guard and/or New York naval militia,
and/or who served as a member of the commissioned corps of the national
oceanic and atmospheric administration or the United States public
health service regardless of discharge status.
Disposition of money or property found on deceased. 1. Money
and other property found upon the body of the deceased, not required for
the purposes of the investigation, shall be delivered to the county
treasurer. Unless claimed in the meantime by the legal representatives
of the deceased, articles held for the purposes of the investigation,
except such writings of the deceased as may be relevant to the diagnosis
of means or manner of death, shall be delivered to the county treasurer
at the conclusion of the investigation.
2. Upon the delivery of money to the county treasurer he must place it
to the credit of the county. If other property is delivered to him he
must, within one year, sell it at public auction upon reasonable public
notice, and must, in like manner, place the proceeds to the credit of
the county.
3. If the money in the treasury be demanded within six years by the
legal representatives of the deceased, the treasurer must pay it to
them, after deducting the amount of expenses incurred in connection
therewith, or it may be so paid at any time thereafter, upon the order
of the board of supervisors; provided, however, that such money may be
so paid at any time upon the written order of the surrogate of the
county.
4. Before auditing and allowing the account of the coroner or medical
examiner, the board of supervisors must require from him a statement in
writing of any money or other property found upon persons whose deaths
he has investigated, verified by his oath to the effect that the
statement is true and that the money or property mentioned in it has
been delivered to the legal representatives of the deceased, or to the
county treasurer.
* § 679. Training requirements for coroners and coroner's deputies.
Each coroner and coroner's deputy, whether elected or appointed pursuant
to section four hundred of this chapter, shall attend and successfully
complete state-approved courses in medical-legal investigation. The cost
of such courses shall be the responsibility of the coroner or coroner's
deputy, provided however that the county may, at its discretion,
reimburse the coroner or coroner's deputy for all or a portion of the
cost of such courses. Such courses shall be prescribed, certified and
accredited pursuant to rules promulgated by the department of health, in
consultation with the department of state, the division of criminal
justice services, the superintendent of state police, the commissioner
of education, and the chair of the commission on forensic science. The
department of health may also consult with qualified professional
groups. Such rules shall also establish the frequency and duration for
successful completion of any such courses by a coroner or coroner's
deputy and may prescribe heightened levels of training for any newly
elected or appointed coroner or coroner's deputy.
* NB Effective until December 19, 2026
* § 679. Training requirements for coroners and coroner's deputies. 1.
Each coroner and coroner's deputy, whether elected or appointed pursuant
to section four hundred of this chapter, shall attend and successfully
complete initial state-approved courses in medical-legal investigation.
The cost of such courses shall be the responsibility of the coroner or
coroner's deputy, provided however that the county may, at its
discretion, reimburse the coroner or coroner's deputy for all or a
portion of the cost of such courses. Such courses shall be prescribed,
certified and accredited pursuant to rules promulgated by the department
of health, in consultation with the department of state, the division of
criminal justice services, the superintendent of state police, the
commissioner of education, and the chair of the commission on forensic
science. The department of health may also consult with qualified
professional groups. Such rules shall also establish the frequency and
duration for successful completion of any such courses by the coroner or
coroner's deputy and may prescribe heightened levels of training for any
newly elected or appointed coroner or coroner's deputy.
2. (a) In addition to the training requirements of subdivision one of
this section, each coroner and coroner's deputy, whether elected or
appointed pursuant to section four hundred of this chapter, shall attend
and successfully complete a minimum of thirty credit hours in
state-approved continuing medical legal investigation courses every
three years. The cost of such courses shall be the responsibility of the
coroner or coroner's deputy, provided however that the county may, at
its discretion, reimburse the coroner or coroner's deputy for all or a
portion of the cost of such courses. Such courses shall be prescribed,
certified and accredited pursuant to rules promulgated by the department
of health, in consultation with the department of state, the division of
criminal justice services, the superintendent of state police, the
commissioner of education, and the chair of the commission on forensic
science. The department of health may also consult with qualified
professional groups.
(b) Each coroner or coroner's deputy shall be exempt from the
mandatory continuing education requirement for one year following the
successful completion of the state-approved courses in medical-legal
investigation required by subdivision one of this section.
(c)(i) Each coroner or coroner's deputy shall:
(A) on a form and date prescribed by the county, register triennially
and attest to their respective county, and the department upon request,
that they have successfully completed a minimum of thirty credit hours
of continuing medical-legal investigation courses; and
(B) maintain records of compliance with such continuing education
requirements for seven years and shall provide such documentation of
compliance upon request by their respective county or the department of
health.
(ii) Coroner and coroner's deputy attestations shall be filed in the
office of the county clerk.
(d) A coroner or coroner's deputy who does not satisfy the mandatory
continuing education requirements shall be barred from practice until
they have met such requirements; provided, however, that their
respective county may temporarily waive such requirements for extended
active duty with the armed forces of the United States or state, or for
no longer than one year for other good cause, acceptable to the
respective county, which may prevent compliance.
* NB Effective December 19, 2026
ARTICLE 18 District Attorney
District attorney; powers and duties. 1. Except as provided in
section seven hundred one of this chapter, it shall be the duty of every
district attorney to conduct all prosecutions for crimes and offenses
cognizable by the courts of the county for which he or she shall have
been elected or appointed; except when the place of trial of an
indictment is changed from one county to another, it shall be the duty
of the district attorney of the county where the indictment is found to
conduct the trial of the indictment so removed, and it shall be the duty
of the district attorney of the county to which such trial is changed to
assist in such trial upon the request of the district attorney of the
county where the indictment was found. He or she shall perform such
additional and related duties as may be prescribed by law and directed
by the board of supervisors.
2. Within thirty days after the receipt of any fine, penalty, recovery
upon any recognizance, monies and proceeds from the sale of property
realized as a consequence of any forfeiture, or other money belonging to
the county, the district attorney or the claiming authority shall pay
the same to the county treasurer. Not later than the first day of
February in each year, the district attorney shall make in duplicate a
verified true statement of all such moneys received and paid to the
county treasurer during the preceding calendar year and at that time
shall pay to the county treasurer any balance due. One statement shall
be furnished to the county treasurer, one to the clerk of the board of
supervisors and one to the state comptroller. A district attorney who is
not re-elected shall make and file the verified statement and pay any
balance of such moneys to the county treasurer within thirty days after
the expiration of his term.
3. It shall be the duty of the district attorney to bring actions upon
any forfeited recognizance taken in his county in any criminal action or
proceeding unless otherwise directed by the court.
4. At the opening of the first term of county court held in each year
he shall present to the court a verified statement of all actions
brought by him upon forfeited recognizance, penalties or forfeitures,
the judgments entered thereon and those collected. The statement shall
indicate the amounts due the county and the amounts due the state. This
provision shall apply to a former district attorney whose term has
expired and was not re-elected.
5. The board of supervisors may create the position of confidential
secretary to the district attorney who shall serve at his pleasure and
shall be in the exempt class of the civil service.
6. The district attorney must maintain a written record of all
indictments pending in the courts of the county in which he shall have
been elected or appointed. Such record shall contain the name of each
person indicted, the crime charged, the date on which the indictment was
returned, the disposition of the indictment and such other information
as the court may direct. At the expiration of his term, the district
attorney must deliver this record to his successor in office.
7. The district attorney shall keep and preserve all records now or
hereafter in his care or custody or under his control and all records,
books and papers relating to the functioning of his office or the
performance of his duties. No such record, book or paper shall be
destroyed or otherwise disposed of, except pursuant to law. At the
expiration of his term, the district attorney shall, within sixty days,
turn over all such records, books or papers to his successor in office.
8. The district attorney of a county having a population of more than
one hundred thousand according to the last federal census and the
district attorney of Essex county and any county having a population of
more than forty thousand but less than one hundred thousand according to
the last federal census, the board of supervisors of which has
designated such office as a full-time position, shall give his whole
time to his duties and shall not engage in the practice of law, act as
an arbitrator, referee or compensated mediator in any action or
proceeding or matter or engage in the conduct of any other profession or
business which interferes with the performance of his duties as district
attorney.
10. There is hereby established a program of state aid to all counties
having a population of more than one hundred thousand according to the
last federal census, to any county, the board of supervisors of which
has designated the office of district attorney as a full-time position
pursuant to subdivision eight of this section and to the city of New
York for the salaries of district attorneys of such counties and the
counties within such city at the rate of ten thousand dollars per annum.
No such state aid shall be paid with respect to any district attorney
who has not complied with subdivision eight of this section.
11. (a) In addition to the state aid provided in subdivision ten
hereof, each county, the salary of the district attorney of which is
determined pursuant to section one hundred eighty-three-a of the
judiciary law, shall be entitled to receive state aid in an amount equal
to the difference between: (i) the salary required to be paid to the
district attorney of such county pursuant to such section one hundred
eighty-three-a on October first, nineteen hundred ninety-four, not
including any additional compensation which may have been provided by
local law pursuant to such section one hundred eighty-three-a, and (ii)
the salary required to be paid to such district attorney pursuant to
such section one hundred eighty-three-a immediately prior to October
first, nineteen hundred eighty-seven, or the salary actually paid
immediately prior to such date, if higher, less the amount of any
additional compensation which may have been provided thereafter by any
such local law prior to April first, nineteen hundred ninety-six.
Provided, however, where the salary of the district attorney of a county
first becomes determined pursuant to section one hundred eighty-three-a
of the judiciary law on or after April first, nineteen hundred
ninety-six, the state aid payable to such county pursuant to this
paragraph shall equal thirty-one thousand dollars.
(b) In addition to the state aid provided in paragraph (a) of this
subdivision, each county, the salary of the district attorney of which
is determined pursuant to section one hundred eighty-three-a of the
judiciary law, shall be entitled to receive state aid in the amount of
forty-one percent of the difference between the amount required to be
paid to such district attorney pursuant to section one hundred
eighty-three-a of the judiciary law on and after January first, nineteen
hundred ninety-nine and the amount required to be paid pursuant to such
section immediately prior to such date, except that in the county of
Dutchess the amount shall be forty-two percent of such difference in the
county of Putnam the amount shall be forty percent of such difference in
the county of Monroe the amount shall be thirty-nine percent of such
difference and in the counties of Erie, Nassau, Suffolk and Westchester
the amount shall be thirty-six percent of such difference.
(c) Commencing with the nineteen hundred eighty-seven calendar year,
the comptroller shall annually determine the amount of state aid payable
to each county pursuant to paragraphs (a) and (b) hereof for each
calendar year and shall pay such amount on his audit and warrant to the
chief fiscal officer of each such county during the month of September
in each such year. Where a county first becomes entitled to state aid
pursuant to paragraphs (a) and (b) hereof on a day other than January
first, nineteen hundred ninety-nine or January first of any other year
thereafter, the amount of state aid payable to such county in the year
it first becomes entitled to such state aid shall be prorated
accordingly.
13. In order to provide services to crime victims, witnesses, and
other persons involved in the criminal justice system, and to support
crime prevention programs, the district attorney may employ or contract
with persons licensed and registered to practice or otherwise authorized
under article one hundred fifty-three, one hundred fifty-four, or one
hundred sixty-three of the education law, or contract with entities
authorized to provide the services specified in such articles, in
connection with the provision of any services that such persons or
entities are authorized to provide and that are authorized by the
district attorney.
Special district attorney. 1. Whenever the district attorney of
any county and such assistants as he or she may have shall not be in
attendance at a term of any court of record, which he or she is by law
required to attend, or are disqualified from acting in a particular case
to discharge his or her duties at a term of any court, a superior
criminal court in the county wherein the action is triable may, by
order:
(a) appoint some attorney at law having an office in or residing in
the county, or any adjoining county, to act as special district attorney
during the absence, inability or disqualification of the district
attorney and such assistants as he or she may have; or
(b) appoint a district attorney of any other county within the
judicial department or of any county adjoining the county wherein the
action is triable to act as special district attorney, provided such
district attorney agrees to accept appointment by such criminal court
during such absence, inability or disqualification of the district
attorney and such assistants as he or she may have.
2. If, for any reason, the appointment of a special district attorney
cannot be effectuated pursuant to paragraph (a) or (b) of subdivision
one of this section, the court shall then attempt to effect such
appointment pursuant to the other such paragraph.
3. Where a special district attorney appointed under this section is a
district attorney, he or she may direct the exercise of such powers and
the performance of such duties by any assistant in his or her office in
any case in which he or she serves as special district attorney to the
same extent permitted by law in any case in which he or she serves as
district attorney.
4. No appointment made under this section shall be for a period beyond
the adjournment of the term at which made. Where, however, an
appointment is required under this section for a particular case because
of the disqualification of the district attorney, the appointment may be
made for all purposes, including disposition. The special district
attorney so appointed shall possess the powers and discharge the duties
of the district attorney during the period for which he or she shall be
appointed. The provisions of this section shall also apply to a county
wholly contained within a city.
5. Where a special district attorney is appointed under this section,
the board of supervisors of the county wherein such special district
attorney serves, after having been notified and provided with an
opportunity to be heard, shall pay the necessary disbursements of, and a
reasonable compensation for, the services of the person so appointed and
acting, as certified by the presiding judge or justice. Nothing
contained herein shall prevent any county from entering into an
agreement with any other county for the compensation of a special
district attorney appointed pursuant to paragraph (b) of subdivision one
of this section. In no event shall the compensation paid pursuant to
paragraph (b) of subdivision one of this section exceed the compensation
paid by the county in which such district attorney, or his or her
assistants, serves.
6. (a) This subdivision shall apply to the attorney general in any
circumstance where the attorney general acts in place of a district
attorney. Nothing in this subdivision shall invalidate a court
appointment of a district attorney or other attorney made prior to the
effective date of this subdivision to serve in the place of the attorney
general on a particular matter under any other subdivision of this
section.
(b) Notwithstanding any other provision of law to the contrary,
whenever the attorney general and such assistants as the attorney
general may have, is disqualified from acting in a particular matter to
discharge their duties at a term of any court, a superior criminal court
in the county wherein the action is triable may upon articulable reasons
set forth by the attorney general for such appointment, by order:
(i) appoint some attorney at law having relevant experience and
expertise, without regard to judicial department or other geographic
limitations within the state, to act as special district attorney during
the disqualification of the attorney general and such assistants as they
may have; or
(ii) appoint a district attorney of any county to act as special
district attorney, provided such district attorney agrees to accept
appointment by such criminal court during such disqualification of the
attorney general and such assistants as they may have.
(c) The special district attorney so appointed shall possess the
powers and discharge the duties of the attorney general during the
period, or for the duration of the matter, for which they shall be
appointed.
(d) Where a special district attorney is appointed under this
subdivision, the special district attorney may direct the exercise of
such powers and the performance of such duties by any assistant or other
staff in their office to assist such special district attorney to the
same extent permitted by law.
(e) Any special district attorney appointed under this subdivision for
a matter arising out of the attorney general's authority under section
seventy-b of the executive law shall be responsible for the public
report required by subdivision six of such section.
(f) Where a special district attorney is appointed under this
subdivision, the department of budget, after having been notified and
provided with an opportunity to be heard, shall pay the necessary
disbursements of, and a reasonable compensation for, the services of the
person so appointed and acting, as certified by the presiding judge or
justice.
Assistant district attorneys. 1. The board of supervisors shall
have power to authorize the district attorney to appoint one or more
assistant district attorneys. Every such appointment shall be in a
writing filed and recorded in the office of the county clerk. The person
appointed shall take the prescribed oath of office and furnish any
required official undertaking. Any appointment may be revoked at any
time by the district attorney by filing a written revocation in the
office of the county clerk.
2. The assistant shall perform such duties pertaining to the office as
may be directed by the district attorney.
3. The assistant during the absence or inability of the district
attorney shall perform the powers and duties of the office of district
attorney.
4. In the event that more than one assistant is appointed, the
district attorney shall designate in writing and file in the office of
the county clerk and clerk of the board of supervisors the order in
which such assistants shall exercise the powers and duties of the office
in the event of a vacancy or the absence or inability of such district
attorney to perform the duties of the office.
5. In the event of a vacancy in the office of district attorney, the
assistant, or if more than one has been appointed, the assistant so
designated, shall perform the powers and duties of the office of
district attorney until a successor is appointed and has qualified.
6. Notwithstanding any provision of law with respect to requirements
of residence, a district attorney of a county within a city having a
population of one million or more may appoint one or more assistant
district attorneys who are not residents of such county, but who reside
within the geographical territory of such city.
7. Notwithstanding any provision of law with respect to the
requirements of residence, a district attorney may appoint one or more
attorneys employed by the department of taxation and finance as special
assistant district attorneys with respect to any investigation or
prosecution concerning, in whole or part, a violation of article
thirty-seven of the tax law or of the penal law as it applies to the
enforcement of any provision of the tax law.
Appointment of special assistant district attorneys during a
period of civil disorder. 1. Notwithstanding any provision of law to the
contrary, a district attorney in any county, including any county within
the City of New York, may, during a period of civil disorder, or as the
result thereof, appoint one or more special assistant district
attorneys, without compensation, and without regard to any requirements
of law as to residence or limitation in number of such special assistant
district attorneys.
2. Such district attorney shall, prior to the appointment of any such
special assistant district attorney, file in the office of the county
clerk of the county in which he was elected, a certificate of necessity
stating that, during, or as a result of, a period of civil disorder, one
or more special assistant district attorneys are required to supplement
his staff, and setting forth the period of time such special assistant
district attorneys shall be required.
Employment of counsel. With the written approval of the county
judge of a county in which an indictment has been found for a capital or
other crime which presents unusual difficulty upon the trial thereof,
the district attorney may employ counsel to assist him upon such trial.
Such approval shall be filed in the office of the county clerk. The
board of supervisors shall audit as other county charges a reasonable
compensation and the necessary expenses of such counsel as certified by
the presiding judge or justice.
Employment of stenographer. Whenever the district attorney of
any county in the performance of his duties shall be required to
prosecute a contested criminal proceeding before a magistrate of a town
or village, unless pursuant to law a stenographer be regularly employed
by such magistrate or in the court over which he presides, said district
attorney may employ a stenographer to take the testimony on such trial.
The board of supervisors of each county shall fix the rate of
compensation to be paid to such stenographer for such services rendered;
and in addition thereto such stenographer shall be entitled to and shall
be allowed for a copy of testimony furnished to the district attorney
the same rate per folio as is now allowed to the stenographers of the
county court in their respective counties, and such stenographer shall
receive the same compensation for all copies of the evidence in excess
of three copies furnished by him to the district attorney. Such
compensation shall be a county charge, and shall be audited and paid
upon the affidavit of the stenographer and the certificate of the
district attorney specifying the number of days of actual service and
the number of folios furnished.
Prosecution fund. The board of supervisors shall have power to
appropriate and set aside a fund for the payment in advance of audit of
expenditures incurred by the district attorney, or attorney general
acting under section sixty-two of the executive law, necessarily
incurred in the prosecution of criminal actions and proceedings arising
in the county. The board of supervisors may provide for such district
attorney or attorney general to issue orders upon the county treasurer
for such payment, the countersignature of the chairman of a designated
committee of such board, accounting of such expenditures with verified
or certified vouchers attached thereto and such other conditions and
rules as may be deemed necessary. The claimant, district attorney and
the attorney general in actions or proceedings prosecuted by him shall
be jointly and severally liable for any item of expenditure for other
than a lawful county purpose disallowed upon a final audit, to be
recovered in an action brought against them by the board of supervisors
in the name of the county.
Cost and expense of removed criminal trials. Whenever the trial
of an indictment has been transferred from the county in which the
indictment was found to some other county, the cost and expense of such
trial shall be a charge upon the county in which the indictment was
found. Whenever under the order of any court of competent jurisdiction,
the pleadings and issue in any prosecution for any crime or misdemeanor,
for which no indictment has been found, shall have been removed to any
other county in this state for trial therein, in consequence of any
inability to obtain an unprejudiced or impartial jury in the county in
which the venue was originally laid, the expenses of the trial of said
prosecution shall be a charge upon the county from which the same was
transferred. The cost and expense of trial of any prosecution, as shown
by the certificate of the presiding judge or justice, shall be paid by
the county from which the transfer of trial was made to the county
treasurer of the county in which the trial was had.
Payments of expert fees in criminal cases in which the death
penalty may be imposed. 1. Notwithstanding any other provision of law to
the contrary, upon a finding in an ex parte proceeding that expert
services are reasonably necessary for the prosecution of the case
whether in connection with issues relating to guilt or sentencing or
that investigative services relating to a separate sentencing proceeding
or mental retardation hearing pursuant to section 400.27 of the criminal
procedure law are reasonably necessary, the trial court shall authorize
the payment of fees and expenses for such services. Upon a finding that
timely procurement of such services could not practicably await prior
authorization, the court may authorize the provision and payment for
such services nunc pro tunc.
2. Each appellate division shall establish the rates of fees and
expenses to be paid for expert and investigative services pursuant to
subdivision one of this section.
3. Any fee or expense to be paid pursuant to this section shall be a
state charge payable on vouchers approved by the court which fixed the
same after audit by and on the warrant of the comptroller.
4. Whenever a court disapproves, in whole or in part, a request for
authorization or voucher, the district attorney may apply to a justice
of an intermediate appellate court for an order approving the request or
voucher.
ARTICLE 18-A Public Defender
Public defender; appointment; term; other employees. The board
of supervisors of any county may create an office of public defender, or
may authorize a contract between its county and one or more other such
counties to create an office of public defender to serve such counties.
A city may create an office of public defender in any county wholly
contained within its borders and such city shall possess with respect to
such office all the powers conferred upon a board of supervisors by the
provisions of this article. The board or boards of supervisors may
designate an attorney-at-law as public defender and shall fix his term
and compensation. Subject to the approval of such board or boards, the
public defender may appoint as many assistant attorneys, clerks,
investigators, stenographers and other employees as he may deem
necessary and as shall be authorized by such board or boards. The
public defender shall fix the compensation of such aides and assistants
within the amounts such board or boards may appropriate for such
purposes. Notwithstanding any other provision of law relating to the
creation of county offices, where the board of supervisors of any county
has established an office of public defender by resolution, and
thereafter such office is created by local law, such local law may
authorize the payment of compensation and other expenses incurred in the
operation of said office retroactive to the date of the adoption of said
resolution.
Public defender; duties. 1. The public defender shall
represent, without charge, at the request of the defendant, or by order
of the court with the consent of the defendant, each indigent defendant
who is charged with a crime as defined in section seven hundred
twenty-two-a of the county law in the county or counties in which such
public defender serves. When representing an indigent defendant, the
public defender shall counsel and represent him at every stage of the
proceedings following arrest, shall initiate such proceedings as in his
judgment are necessary to protect the rights of the accused, and may, in
his discretion, prosecute any appeal, if in his judgment the facts and
circumstances warrant such appeal.
2. The public defender shall also represent, without charge, in a
proceeding in family court or surrogate's court in the county or
counties where such public defender serves, any person entitled to
counsel pursuant to section two hundred sixty-two and section eleven
hundred twenty of the family court act and section four hundred seven of
the surrogate's court procedure act, or any person entitled to counsel
pursuant to article six-C of the correction law, who is financially
unable to obtain counsel. When representing such person, the public
defender shall counsel and represent him at every stage of the
proceedings, shall initiate such proceedings as in the judgment of the
public defender are necessary to protect the rights of such person, and
may prosecute any appeal when, in his judgment the facts and
circumstances warrant such appeal.
Appointment of other counsel. Nothing contained herein shall
preclude a court on its own motion or upon application by the public
defender or by the indigent defendant or person described in section two
hundred sixty-two or section eleven hundred twenty of the family court
act, or section four hundred seven of the surrogate's court procedure
act, from appointing an attorney other than the public defender to
represent such defendant or person or to assist in the representation of
such defendant or person at any stage of the proceedings or on appeal.
If such attorney is appointed, he shall serve without compensation,
unless such compensation is otherwise provided for by law.
Expenses. If a public defender serves more than one county, the
expenses of salaries, maintenance and operation of his office shall be
shared by the participating counties in accordance with the provisions
of the agreement establishing the office. Expenses incidental to
individual cases shall be paid by the county for which the services were
rendered. All expenses chargeable to a county hereunder shall be a
county charge to be paid upon certification by the county treasurer out
of an appropriation made for such purposes.
Annual report. The public defender shall make an annual report
to the board or boards of supervisors covering all cases handled by his
office during the preceding year.
Separability. If any provision of this article or the
application of such provision to any person, body or circumstance shall
be held invalid, the remainder of this article or the application of
such provision to persons, bodies or circumstances other than those
concerning which it shall have been held invalid shall not be affected
thereby.
ARTICLE 18-B Representation of Persons Accused of Crime or Parties Before the Family Court or Surrogate's Court
Plan for representation. The governing body of each county and
the governing body of the city in which a county is wholly contained
shall place in operation throughout the county a plan for providing
counsel to persons charged with a crime or who are entitled to counsel
pursuant to section two hundred sixty-two or section eleven hundred
twenty of the family court act, article six-C of the correction law,
section four hundred seven of the surrogate's court procedure act or
article ten of the mental hygiene law, who are financially unable to
obtain counsel. Each plan shall also provide for investigative, expert
and other services necessary for an adequate defense. The plan shall
conform to one of the following:
1. Representation by a public defender appointed pursuant to county
law article eighteen-A.
2. In criminal proceedings, representation by counsel furnished by a
private legal aid bureau or society designated by the county or city,
organized and operating to give legal assistance and representation to
persons charged with a crime within the city or county who are
financially unable to obtain counsel. In proceedings under the family
court act, representation by a private legal aid bureau or society, or
by any corporation, voluntary association, or organization permitted to
practice law under the authority of subdivision five of section four
hundred ninety-five of the judiciary law.
3. (a) Representation by counsel furnished pursuant to either or both
of the following: a plan of a bar association in each county or the city
in which a county is wholly contained whereby: (i) the services of
private counsel are rotated and coordinated by an administrator, and
such administrator may be compensated for such service; or (ii) such
representation is provided by an office of conflict defender.
(b) Any plan of a bar association must receive the approval of the
office of indigent legal services before the plan is placed in
operation. In the county of Hamilton, representation pursuant to a plan
of a bar association in accordance with subparagraph (i) of paragraph
(a) of this subdivision may be by counsel furnished by the Fulton county
bar association pursuant to a plan of the Fulton county bar association,
following approval of the office of indigent legal services. When
considering approval of an office of conflict defender pursuant to this
section, the office of indigent legal services shall employ the
guidelines it has heretofore established pursuant to paragraph (d) of
subdivision three of section eight hundred thirty-two of the executive
law.
(c) Any county operating an office of conflict defender, as described
in subparagraph (ii) of paragraph (a) of this subdivision, as of March
thirty-first, two thousand ten may continue to utilize the services
provided by such office provided that the county submits a plan to the
state administrator within one hundred eighty days after the
promulgation of criteria for the provision of conflict defender services
by the office of indigent legal services. The authority to operate such
an office pursuant to this paragraph shall expire when the state
administrator (or, on or after April first, two thousand nineteen, the
office of indigent legal services) approves or disapproves such plan.
Upon approval, the county is authorized to operate such office in
accordance with paragraphs (a) and (b) of this subdivision.
(d) For purposes of this subdivision, any plan of a bar association
approved hereunder pursuant to this subdivision, as provided prior to
April first, two thousand nineteen, shall remain in effect until it is
superseded by a plan approved by the office of indigent legal services
or disapproved by such office.
4. Representation according to a plan containing a combination of any
of the foregoing. Any judge, justice or magistrate in assigning counsel
pursuant to sections 170.10, 180.10, 210.15 and 720.30 of the criminal
procedure law, or in assigning counsel to a defendant when a hearing has
been ordered in a proceeding upon a motion, pursuant to article four
hundred forty of the criminal procedure law, to vacate a judgment or to
set aside a sentence or on a motion for a writ of error coram nobis, or
in assigning counsel pursuant to the provisions of section two hundred
sixty-two of the family court act or section four hundred seven of the
surrogate's court procedure act, or in assigning counsel to a defendant
when a case has been calendared for consideration of resentencing
pursuant to subdivision four of section six hundred one-d of the
correction law or when a court is otherwise called upon to consider
whether a proper term of post-release supervision was imposed as part of
a determinate sentence, shall assign counsel furnished in accordance
with a plan conforming to the requirements of this section; provided,
however, that when the county or the city in which a county is wholly
contained has not placed in operation a plan conforming to that
prescribed in this subdivision or subdivision three of this section and
the judge, justice or magistrate is satisfied that a conflict of
interest prevents the assignment of counsel pursuant to the plan in
operation, or when the county or the city in which a county is wholly
contained has not placed in operation any plan conforming to that
prescribed in this section, the judge, justice or magistrate may assign
any attorney in such county or city and, in such event, such attorney
shall receive compensation and reimbursement from such county or city
which shall be at the same rate as is prescribed in section seven
hundred twenty-two-b of this article. When a case has been calendared
for consideration of resentencing pursuant to subdivision four of
section six hundred one-d of the correction law or when a court is
otherwise called upon to consider whether a proper term of post-release
supervision was imposed as part of a determinate sentence, the attorney
appointed should be the attorney who appeared for the defendant in
connection with the judgment or sentence or, if the defendant is
currently represented concerning his or her conviction or sentence or
with respect to an appeal from his or her conviction or sentence, such
present counsel.
5. In classification proceedings under article six-C of the correction
law or from an appeal thereof, representation shall be according to a
plan described in subdivisions one, two, three or four of this section.
If such plan includes representation by a private legal aid bureau or
society, such private legal aid bureau or society shall have been
designated to give legal assistance and representation to persons
charged with a crime.
Upon an appeal in a criminal action, and on any appeal described in
section eleven hundred twenty of the family court act, article six-C of
the correction law or section four hundred seven of the surrogate's
court procedure act, wherein the party is financially unable to obtain
counsel, the appellate court shall assign counsel furnished in
accordance with the plan, conforming to the requirements of this
section, which is in operation in the county or in the city in which a
county is wholly contained wherein the judgment of conviction,
disposition, or order of the trial court was entered; provided, however,
that when such county or city has not placed in operation a plan
conforming to that prescribed in subdivision three or four of this
section and such appellate court is satisfied that a conflict of
interest prevents the assignment of counsel pursuant to the plan in
operation, or when such county or city has not placed in operation any
plan conforming to that prescribed in this section, such appellate court
may assign any attorney in such county or city and, in such event, such
attorney shall receive compensation and reimbursement from such county
or city which shall be at the same rate as is prescribed in section
seven hundred twenty-two-b of this chapter. Assignment of counsel upon
an appeal in a criminal action pursuant to this subdivision, or pursuant
to paragraph b of subdivision one of section thirty-five of the
judiciary law, includes authorization for representation by appellate
counsel, or an attorney selected at the request of appellate counsel by
the administrator of the plan in operation in the county (or city in
which a county is wholly contained) where the conviction was entered,
with respect to the preparation and proceeding upon a motion, pursuant
to article four hundred forty of the criminal procedure law, to vacate a
judgment or to set aside a sentence or on a motion for a writ of error
coram nobis; compensation and reimbursement for such representation and
expenses shall be governed by sections seven hundred twenty-two-b and
seven hundred twenty-two-c of this article.
Definition of crime. For the purposes of this article, the
term "crime" shall mean a felony, misdemeanor, or the breach of any law
of this state or of any law, local law or ordinance of a political
subdivision of this state, other than one that defines a "traffic
infraction," for which a sentence to a term of imprisonment is
authorized upon conviction thereof.
Compensation and reimbursement for representation. 1. All
counsel assigned in accordance with a plan of a bar association
conforming to the requirements of section seven hundred twenty-two of
this article whereby the services of private counsel are rotated and
coordinated by an administrator shall at the conclusion of the
representation receive for representation of a person in all cases
governed by this article, including all representation in an appellate
court, compensation at a rate of one hundred fifty-eight dollars per
hour for time expended in court before a magistrate, judge or justice
and one hundred fifty-eight dollars per hour for time reasonably
expended out of court, and shall receive reimbursement for expenses
reasonably incurred.
2. Except as provided in subdivision three of this section,
compensation for time expended in providing representation pursuant to
subdivision one of this section shall not exceed ten thousand dollars.
3. For representation on an appeal, compensation and reimbursement
shall be fixed by the appellate court. For all other representation,
compensation and reimbursement shall be fixed by the trial court judge.
In extraordinary circumstances a trial or appellate court may provide
for compensation in excess of the foregoing limits and for payment of
compensation and reimbursement for expenses before the completion of the
representation.
4. Each claim for compensation and reimbursement shall be supported by
a sworn statement specifying the time expended, services rendered,
expenses incurred and reimbursement or compensation applied for or
received in the same case from any other source. No counsel assigned
hereunder shall seek or accept any fee for representing the party for
whom he or she is assigned without approval of the court as herein
provided.
Services other than counsel. Upon a finding in an ex parte
proceeding that investigative, expert or other services are necessary
and that the defendant or other person described in section two hundred
forty-nine or section two hundred sixty-two of the family court act,
article six-C of the correction law or section four hundred seven of the
surrogate's court procedure act, is financially unable to obtain them,
the court shall authorize counsel, whether or not assigned in accordance
with a plan, to obtain the services on behalf of the defendant or such
other person. The court upon a finding that timely procurement of
necessary services could not await prior authorization may authorize the
services nunc pro tunc. The court shall determine reasonable
compensation for the services and direct payment to the person who
rendered them or to the person entitled to reimbursement. Only in
extraordinary circumstances may the court provide for compensation in
excess of three thousand dollars per investigative, expert or other
service provider.
Each claim for compensation shall be supported by a sworn statement
specifying the time expended, services rendered, expenses incurred and
reimbursement or compensation applied for or received in the same case
from any other source.
Duration of assignment. Whenever it appears that the
defendant is financially able to obtain counsel or to make partial
payment for the representation or other services, counsel may report
this fact to the court and the court may terminate the assignment of
counsel or authorize payment, as the interests of justice may dictate,
to the public defender, private legal aid bureau or society, private
attorney, or otherwise.
Expenses. All expenses for providing counsel and services
other than counsel hereunder shall be a county charge or in the case of
a county wholly located within a city a city charge to be paid out of an
appropriation for such purposes. Provided, however, that any such
additional expenses incurred for the provision of counsel and services
as a result of the implementation of a plan established pursuant to
subdivision four of section eight hundred thirty-two of the executive
law, including any interim steps taken to implement such plan, shall be
reimbursed by the state to the county or city providing such services.
Such plans shall be submitted by the office of indigent legal services
to the director of the division of budget for review and approval.
However, the director's approval shall be limited solely to the plan's
projected fiscal impact of the required appropriation for the
implementation of such plan, and his or her approval shall not be
unreasonably withheld. The state shall appropriate funds sufficient to
provide for the reimbursement required by this section.
Annual reports. 1. A public defender appointed pursuant to
article eighteen-A of this chapter, a private legal aid bureau or
society designated by a county or city pursuant to subdivision two of
section seven hundred twenty-two of this article, an administrator of a
plan of a bar association appointed pursuant to subdivision three of
section seven hundred twenty-two of this article and an office of
conflict defender established pursuant to such subdivision shall file an
annual report with the chief administrator of the courts and the office
of indigent legal services. Such report shall be filed at such times and
in such detail and form as the office of indigent legal services may
direct.
2. (a) The county executive or chief executive officer of each county
or, in the case of a county wholly contained within a city, such city
shall file an annual report which specifies in detail and certifies to
the office of indigent legal services the total expenditures of such
county or city, identifying "local funds", as defined in paragraph (c)
of subdivision two of section ninety-eight-b of the state finance law,
state funds, federal funds and funds received from a "private source" as
described in subdivision two of section ninety-eight-b of the state
finance law, for providing legal representation to persons who were
financially unable to afford counsel, pursuant to this article. Such
annual report shall be made on a form developed for such purpose by the
office of indigent legal services.
(b) Such annual report, detailing expenditures for the period January
first through December thirty-first of the previous calendar year, shall
be filed on or before the first day of March of each year.
ARTICLE 19 County Superintendent of Highways
County superintendent of highways; duties. The county
superintendent of highways shall perform the duties prescribed by law
relating to the construction, improvement and maintenance of highways
and bridges in the county. He shall perform such additional and related
duties as may be prescribed by law and directed by the board of
supervisors.
ARTICLE 20 County Commissioner of Public Welfare
County commissioner of public welfare; duties. The county
commissioner of public welfare shall perform the duties prescribed by
law in the administration of welfare assistance. He shall perform such
additional and related duties as may be prescribed by law and directed
by the board of supervisors.
ARTICLE 21 County Sealer
Director of weights and measures; duties. The director of
weights and measures shall perform the duties prescribed by law for the
enforcement of honest weights and measures. He shall perform such
additional and related duties as may be prescribed by law and directed
by the board of supervisors.
ARTICLE 22 County Service Officer
County service officer; term; duties. The board of supervisors
may create the office of county service officer and appoint such officer
for the term for which the membership of such board was elected. The
county service officer shall assist members of the armed forces and
veterans and their dependents in obtaining any benefits and awards to
which they may be entitled under any federal, state or local
legislation. He shall perform such additional and related duties as may
be prescribed by law and directed by the board of supervisors.
ARTICLE 23 Provisions Applicable to Certain Counties
District attorneys in certain counties. The district attorneys
of Erie, Monroe and Onondaga counties may each appoint in and for his
county, in the manner provided in section seven hundred two of this
chapter and with like powers, such number of assistants as shall be
fixed and determined by resolution of the board of supervisors. All of
the persons so appointed shall be called assistant district attorneys.
Each of said assistant district attorneys shall receive such salary as
shall be fixed and determined by said board of supervisors. The district
attorney shall designate in the order appointing such assistants the
salary which each of such assistants shall receive, subject, however, to
the limitations prescribed by such resolution of the board of
supervisors. Said assistants shall severally take the constitutional
oath of office before entering upon the duties thereof; and the district
attorney shall be responsible for their acts. Said district attorney may
designate, in writing, to be filed in the office of the clerk of said
county, one of his said assistants to be the acting district attorney in
the absence from said county or other inability of said district
attorney; and the assistant so designated shall, during such absence or
inability of said district attorney, perform the duties of the office.
Such designation may be revoked by said district attorney in writing, to
be filed and recorded in the office of the county clerk. The district
attorney of Monroe county and his assistants shall conduct, on the part
of the people, all preliminary examinations in the police court of the
city of Rochester, and subject to the right of a complainant to appear
personally or by attorney, all other prosecutions for crime therein; and
may conduct prosecution therein for violations of the penal ordinances
of said city, and appeals therefrom and in such event one-half of the
salary of such first assistant shall be a charge upon the city of
Rochester and assessed back upon said city by the board of supervisors
of Monroe county except that the Monroe county Board of Supervisors may
by resolution make such charge a general county charge to be borne by
the entire county of Monroe; but the corporation counsel of said city
shall have the power to prosecute any person for the violation of an
ordinance and to conduct proceedings therefor, or an appeal therefrom.
The district attorneys of the counties of Erie and Onondaga may also
appoint a person to act as interpreter at all sessions of the grand
juries of such counties and of the city of Buffalo, whose compensation
shall be fixed by the court in and for which such grand jury may be
impaneled. The district attorney of the county of Monroe, whenever he is
authorized so to do by the board of supervisors of such county, may
appoint necessary interpreters who shall act as interpreters at all
sessions of the grand jury in such county and for all county departments
except the courts. The district attorneys of the counties of Erie and
Monroe shall each be entitled to receive, in addition to their salary,
all costs collected by them in actions and proceedings prosecuted and
defended by them. The county judge, or the special county judge, of the
county of Monroe, or any supreme court justice, shall have power, on the
application of the district attorney of Monroe county, to order and
direct the county treasurer of Monroe county to pay to the district
attorney any sum of money expended or incurred by him in the performance
of his duties in his office, and the county judge of the county of
Rensselaer, or any supreme court justice, shall have power, on the
application of the district attorney of Rensselaer county, to order and
direct the county treasurer of Rensselaer county to pay to the district
attorney any sum of money expended or incurred by him in the performance
of his duties in his office, and the county judge of the county of
Albany, or any supreme court justice, shall have power, on the
application of the district attorney of Albany county, to order and
direct the county treasurer of Albany county to pay to the district
attorney of such county any sum of money expended or incurred by him in
the performance of his duties in his office, and the county judge of
Columbia county, or any justice of the supreme court, shall have power,
on the application of the district attorney of Columbia county, to order
and direct the county treasurer of Columbia county to pay to the
district attorney of such county any sum of money expended or incurred
by him in the performance of his duties in office. The district
attorney of Niagara county shall have charge of and conduct on the part
of the people all preliminary examinations in the police courts of the
cities of Lockport, North Tonawanda and Niagara Falls, either in person
or by his assistant and the several justices of the peace of said
county. In lieu of the necessary traveling expenses and other
disbursements incurred in the performance of these additional duties,
either by himself or by his assistant or stenographer, the district
attorney of Niagara county shall receive such amount as may be fixed by
the board of supervisors of Niagara county payable monthly by the county
treasurer of Niagara county, and the assistant district attorney shall
receive an amount to be fixed by the board of supervisors of Niagara
county, at not less than five hundred dollars per annum, payable monthly
by the county treasurer of Niagara county, and the district attorney's
stenographer shall receive an amount to be fixed by the board of
supervisors of Niagara county at not less than four hundred dollars per
annum, payable monthly by the county treasurer of Niagara county. Until
such amount is so fixed by the board of supervisors it shall be as above
stated.
Regional markets. The board of supervisors of a county located
within any regional market district heretofore or hereafter created by
law may purchase, acquire, or accept by gift lands for regional market
purposes. Such lands may be situate anywhere within such regional
district. Adequate appropriations may be made for the erection of
necessary buildings, improvements, market facilities and equipment. The
boards of supervisors of the counties within such district may agree
upon the sharing in the cost of such sites, buildings, improvements,
market facilities and equipment and the title shall be taken in the name
of the county where situate. Such improvements shall be deemed for the
benefit of the sharing counties in proportion to their respective
contributions. The purchase, improvement or construction of such market
facilities by counties within such regional market district is hereby
declared to be a lawful county purpose. Such real and personal property
may be leased or sold to any market authority or other public
corporation, or governmental agency created by law for such regional
district. The chairman of the board of supervisors of the county holding
the record title shall execute all necessary leases, conveyances, or
other documents, on behalf of and only pursuant to resolutions duly
adopted by all of the boards of supervisors of the counties interested
therein.
Enforcement of environmental conservation law in certain
counties. In those counties wherein the state owns a park, forest
preserve, reforested area, hatchery, nursery, game refuge, or wherein
the state has established and controls fire prevention apparatus and
structures, public hunting, trapping and fishing grounds, marine
fisheries, or other lawful objects established and controlled by the
state in furtherance of the preservation of the natural resources and
wild life of the state, the board of supervisors shall have power to
appropriate not exceeding one thousand dollars in any one year for the
purpose of aiding the state in the enforcement of the provisions of the
environmental conservation law. Such appropriation shall be expended by
the county pursuant to a contract made with the department of
environmental conservation in the manner provided in section two hundred
twenty-five of this chapter or paid to the state and expended by the
department of environmental conservation pursuant to the provisions of
the environmental conservation law. The county of Erie may appropriate
not exceeding four thousand dollars for this purpose. Nothing herein
shall be deemed to allow the payment of extra compensation to any
officer in the performance of official duties for which a compensation
is otherwise provided by law. Nothing herein shall be deemed to modify
or impair the power of a county to enforce the provisions of the
environmental conservation law or its own ordinances, rules and
regulations upon grounds or structures owned and controlled by the
county.
Highway construction by local assessment in certain counties.
The governing body of any county containing a population of less than
two hundred thousand and adjoining a city of the first class may
authorize the establishment of a plan for the grades of streets, avenues
and boulevards; the alteration of such plan of grades, or any plan
thereof, which shall have been established by law; the laying out,
opening, grading, construction, closing and change of line, or of the
width of any one or more of such streets, avenues and boulevards or any
other streets, avenues and boulevards, within said county, or any part
or parts thereof, and of the courtyards, sidewalks and roadways; to
provide for the estimation and award of the damages to be sustained, and
for the assessment on property intended to be benefited thereby, and
fixing assessment districts therefor, the levying, collection and
payment of such damages, and of all other charges and expenses to be
incurred, or which may be necessary in carrying out the provisions of
this section; the laying out of new or additional streets, avenues or
boulevards according to a general scheme or plan for the improvement of
highways in said town, the acceptance by town officers of conveyances of
land for public highways, naming and changing of names of streets and
avenues within the said county, the opening, laying out, grading,
construction, closing and change of line of any street, avenue or
boulevard within the county, provided, however, that nothing shall be
done hereunder in respect to or concerning any street, avenue or
boulevard situated within an incorporated village, without the consent
of the board of trustees of such incorporated village. The provisions,
however, for the defraying of expenses thereof by assessment as herein
provided, shall only be exercised on the petition of the property owners
who own more than one-half of the frontage on any such street, avenue or
boulevard, or on the certificate of the supervisor, justices of the
peace, and town clerk of the town in which said street, avenue or
boulevard is located, or two-thirds of such officers, that the same is
in their judgment proper and necessary for the public interest; or in
case the said street, avenue, or boulevard, in respect to which such
action is proposed to be taken, shall lie in two or more towns, on a
like certificate of such town officers of each of said towns, or
two-thirds of all of them; provided, however, that before proceeding to
make any such certificate, the said officers, or such number of them as
aforesaid, shall give ten days' notice by publication in one of the
weekly papers of said county and by posting in six public places in said
town, or in each of said towns, of the time and place at which they will
meet for the purpose of considering the same, at which meeting the
public and all persons interested may appear and be heard in relation
thereto; and provided that no such street or avenue shall be laid out,
opened or constructed upon or across any lands heretofore acquired by
the right of eminent domain, and be held in fee for depot purposes by
any railroad. In the event that the town maintains a website, one of the
posting requirements may be fulfilled by posting such information on the
website.
Should the governing body of any such county at any time deem it for
the public interest to acquire title to lands and premises required for
any street, highway or boulevard heretofore or hereafter laid out,
widened, altered, extended or otherwise improved, it may acquire the
same by dedication, or by condemnation under the eminent domain
procedure law, provided, however, that no land shall be acquired for any
street, highway or boulevard in a village, without the consent of the
board of trustees of such village. Such board may direct, by a
two-thirds vote of the total voting power of the board, that the title
to any piece or parcel of land lying within the lines of any such
street, highway or boulevard shall be vested in the county upon the date
of recovery of such dedication or as provided in the eminent domain
procedure law. Thereafter, the property so acquired shall upon vesting
be held, appropriated, converted and used to and for such purpose
accordingly, in like manner as are other public streets in said county.
In such cases interest at the rate specified in section three-a of the
general municipal law upon the sum or sums to which the owners, lessees,
parties or persons are justly entitled as provided in the eminent domain
procedure law. Upon the vesting of title, the county or any person or
persons acting under its authority, may subject to compliance with the
eminent domain procedure law immediately, or at any time thereafter take
possession of the same, or any part or parts thereof, without any suit
or proceeding at law for that purpose. The title acquired by the county,
to lands and premises required for a street, shall be in trust, and such
lands and premises appropriated and kept open for, or as part of a
public street or highway, forever, in like manner as the other streets
in the county.
Teachers' training in certain counties. In order to provide an
adequate number of teachers to be available for employment in the public
schools in the county, the board of supervisors of any county in which
is located a college or university having a department for fitting
pupils to be teachers and commonly known as a pedagogical department,
may, from time to time, appropriate moneys for salaries of the teaching
staff in such department, or to be applied toward the payment of such
salaries, and may raise such moneys by tax on the taxable property
within the county.
Expenses of district superintendents of schools in certain
counties. In the counties of Westchester, Suffolk, Monroe and Erie, the
board of supervisors may appropriate and provide for the payment upon
verified vouchers of expenses of the district superintendent of schools
therein for furniture, printing, office supplies, telephone service,
clerical assistance, or such other expenditures as may be authorized by
such board.
Soldier burial plots in Dutchess county. The legislature of the
county of Dutchess may authorize the purchase of burial plots and
provide for marker settings and perpetual care and maintenance of such
plots in one or more of the cemeteries of the county of Dutchess for
deceased veterans, who, at the time of death, were residents of the
county of Dutchess and who (i) were discharged from the armed forces of
the United States either honorably or under honorable circumstances, or
(ii) had a qualifying condition, as defined in section one of the
veterans' services law, and received a discharge other than bad conduct
or dishonorable, or (iii) were a discharged LGBT veteran, as defined in
section one of the veterans' services law, and received a discharge
other than bad conduct or dishonorable. The expense thereof shall be a
county charge.
Burial contracts in Erie county. The board of supervisors of
the county of Erie shall have power exclusively, and it shall be its
duty to contract annually with one or more undertakers for the care,
removal and burial of bodies of persons dying within said county, where
there are no known relatives, friends or personal representatives of
such deceased persons in the state liable or willing to become
responsible for the expense thereof and for the conveyance and delivery
of such bodies to and from the public morgue of such county and the
performance of any other acts incidental thereto. Each undertaker, with
whom such a contract shall be made, shall execute and deliver to the
county a bond in such amount, with such sureties and upon such
conditions as the board shall require.
Rifle range in Erie county. The board of supervisors of Erie
county is hereby authorized to purchase land, construct and maintain
thereon a rifle, machine gun and pistol range primarily for the use of
New York national guard, New York guard and New York naval militia. The
acquisition of the site, construction and maintenance to be subject to
approval of the chief of staff in accordance with existing rules and
regulations. Such board may appropriate annually such sums as it may
deem proper. The board may cause such moneys to be raised by taxation
and levied and collected as other taxes in such county or funds may be
made available therefor pursuant to the local finance law.
Social welfare appropriations in Essex county. 1. The board of
supervisors of Essex county may annually appropriate such sums as it may
deem proper, not exceeding the sum of five thousand dollars in any one
year, for the support and maintenance of the Junior Achievement
Foundation of Essex County, Incorporated, a county organization
incorporated to receive and administer funds and permanent endowments
for the definite training of children; provided, however, that the total
amount of moneys so appropriated in any one year shall not exceed
one-half of the total cost of such work in the county during the year.
The board of supervisors may by resolution direct the county treasurer
to pay the amount of such appropriations to the treasurer of such
corporation, but before any such payment shall be made, the treasurer of
such corporation shall file with the county clerk an undertaking for the
faithful performance of his duties, which undertaking must have endorsed
the approval of the county judge both as to form and sufficiency of
sureties. On or before the first day of November in each year the
treasurer of such corporation shall render to the board of supervisors a
verified written statement showing in detail the amount of moneys
received by the corporation during the preceding year and the nature and
amount expended for the support and maintenance of the work. The board
of supervisors shall annually raise by tax a sum sufficient to pay the
amount of moneys appropriated pursuant to the provisions of this
subdivision.
2. The board of supervisors of such county may annually appropriate
such sums as it may deem proper, not exceeding the sum of five thousand
dollars in any one year, for contributions to and the support and
maintenance of the Essex County Social Service Committee, Incorporated,
a county organization incorporated to receive and administer funds and
permanent endowments for the educational, moral and social betterment of
the the citizens of Essex county and to co-ordinate and assist in the
efforts of existing organizations performing such objects in a manner
satisfactory to the committee; provided, however, that the total amount
of moneys so appropriated in any one year shall not exceed one-half of
the total cost of such work in the county during the year. The board of
supervisors may by resolution direct the county treasurer to pay the
amount of such appropriations to the treasurer of such corporation, but
before any such payment shall be made, the treasurer of such corporation
shall file with the county clerk an undertaking for the faithful
performance of his duties, which undertaking shall have endorsed thereon
the approval of the county judge both as to form and sufficiency of
sureties. On or before the first day of November in each year the
treasurer of such corporation shall render to the board of supervisors a
verified written statement showing in detail the amount of moneys
received during the preceding year and the nature and amount of the sums
expended for the support and maintenance of the work. The board of
supervisors shall annually raise by tax a sum sufficient to pay the
amount of moneys appropriated pursuant to the provisions of this
subdivision.
Advance payment of portion of welfare charges to hospitals
and day care centers. Where a contract has been entered into between a
social services district and a hospital, pursuant to section three
hundred sixty-seven of the social services law, or between a social
services district and a day care center for day care furnished children
on behalf of the social services district, or between a social services
district and a nursing home or health related facility for care
furnished patients in the nursing home or health related facility on
behalf of the social services district, the board of supervisors of the
county may, by resolution, determine that not to exceed seventy-five per
centum of the total claim submitted to the county or the social services
district by such hospital or such day care center or such nursing home
or health related facility for charges and services under such contract
for each month shall be paid, in advance of audit, subject to subsequent
adjustment of accounts between the hospital or the day care center or
the nursing home or health related facility and the county or social
services district following audit.
Jefferson county hospital for contagious diseases. The board of
supervisors of the county of Jefferson is hereby authorized to maintain
and operate a hospital in such county for the treatment and control of
communicable diseases and may annually appropriate such sums as it may
deem proper and necessary for the support, operation and maintenance of
such hospital. The expenses thereof shall be raised by taxation levied
and assessed against the taxable property in the county of Jefferson.
Soldier burial plots in Niagara county. The board of
supervisors of the county of Niagara may provide for the perpetual care
and maintenance of burial plots and burial places of deceased members of
the armed forces who shall have been heretofore or may hereafter be
buried in any cemetery located in the county and the expense thereof
shall be a county charge. Upon the adoption of such proposition the
board shall designate some person or commission to have charge of the
work and may fix a compensation to be paid for the services to be
hereafter rendered in the work. The cost and expense of the work may be
appropriated from funds in the county treasury not otherwise
appropriated or may be provided by the issuance of notes pursuant to and
within the limitations prescribed by the local finance law.
Niagara frontier bridge. The boards of supervisors of Erie and
Niagara counties, or either of them, may each agree and undertake to
provide and make available, and to appropriate annually such sums as
they may deem proper to aid the Niagara frontier bridge commission in
the maintenance of the two bridges erected by it across the Niagara
river to Grand Island, and for the purpose of thereby improving and
extending the highway system of the state and of the counties of Erie
and Niagara. Such annual appropriation hereby authorized to be made by
the board of supervisors of Erie county shall not exceed the sum of two
hundred thousand dollars for any one year, and such annual appropriation
hereby authorized to be made by the board of supervisors of Niagara
county shall not exceed the sum of fifty thousand dollars for any one
year. Each board of supervisors may by resolution direct the county
treasurer to pay the amount of such appropriations to the treasurer of
the Niagara frontier bridge commission. Each board of supervisors may
cause such moneys to be raised by taxation and levied and collected as
other taxes in such county.
Traffic signals in Onondaga county. The board of supervisors of
Onondaga county may annually appropriate such sums as it may deem proper
for the installation and maintenance of traffic signals upon highways in
the county, but the total amount of money so appropriated in any one
year shall not exceed one-half of the total cost of such work in the
county during the year. The board of supervisors of such county shall
annually raise by tax a sum sufficient to pay the amount of money
appropriated pursuant to the provisions of this subdivision or shall
finance the cost of such installations, in whole or in part, by the
issuance of tax anticipation notes or budget notes pursuant to the local
finance law.
Deputy comptroller in Oneida county. The county comptroller of
the county of Oneida may, after entering upon the duties of his office,
designate two of the assistants or clerks in his office deputy
comptrollers. Such designation shall be in writing and shall be signed
by the county comptroller and filed in the office of the county clerk.
Such county comptroller shall also designate in writing and file in the
office of the county clerk and the clerk of the board of supervisors the
order in which such deputy comptrollers are to serve during his absence
or inability to act. Before any such deputy so designated pursuant to
the provisions of this section enters upon the performance of his
duties, he shall take the constitutional oath of office. Either of such
deputy comptrollers in the county of Oneida may perform such duties of
the comptroller as may be assigned to him by an order of the comptroller
to be entered in his office and shall also perform all the duties of the
comptroller when the comptroller shall be absent from his office, or
shall be incapable of performing the duties thereof, or when the office
shall become vacant, until it shall be filled.
Memorial day in Nassau and Suffolk counties. The board of
supervisors of the counties of Nassau and Suffolk may each appropriate
annually an amount not to exceed two hundred dollars for the purpose of
defraying the expenses of the proper observance of Memorial or
Decoration day at the Long Island National Cemetery, Pinelawn, New York,
and such observance is hereby declared a county purpose. The boards may
raise money therefor by tax in the same manner as other county charges
are levied and collected. The boards may appropriate such moneys to a
committee of several veterans' (or other patriotic) organizations as may
be determined by the boards, which shall be known as "The Long Island
National Cemetery Memorial Committee" and such moneys shall be used and
expended by such committee for the proper observance of such day, and in
such event the head of such committee, and the disbursing officer
thereof, shall file a report thereof with each of the said boards not
later than thirty days after the observance of Memorial or Decoration
day, showing the money received from each county pursuant to this
provision of law and the vouchers for the disbursement thereof.
Aviation fields in Nassau county. The board of supervisors in
Nassau county may appropriate annually and provide for the expenditure
of such sums as it may deem proper not to exceed the sum of five
thousand dollars for the purpose of furnishing suitable and proper
comfort and care of persons who, in the interest and promotion of
aviation and the public welfare, may depart from or arrive at any flying
field located within the county.
Harbor improvements in Suffolk county. The board of supervisors
of Suffolk county may provide for widening, deepening or dredging any
bay, harbor, inlet or channel or for the construction of bulkheads,
groins, jetties, docks or other similar improvements to the water or
waterways within its boundaries at the expense of the county and may
appropriate moneys available for general town or county improvements in
aid of federal or state projects for such purposes.
Advancing school taxes in Suffolk county. In Suffolk county the
county treasurer shall advance to the several school districts within
said county, in anticipation of the collection of the school tax levies
therein, and to provide funds for meeting the expenses in the said
several districts prior to the receiving of moneys from the collection
of school taxes, from funds in his hands available, such advancements
only to be made upon a verified copy of the annual budget voted at the
preceding school meeting and verified report of the trustees or board of
education of each district applying for such advancement showing the
amount of moneys on hand and a list of unpaid current bills of said
district, such advancements to be made in installments in the months of
September, October, November and December, and not exceeding fifteen per
centum in September, fifteen per centum in October, ten per centum in
November, and ten per centum in December, of the total amount of the
annual budget of such district to which such advancement be made. The
county treasurer of Suffolk county is hereby authorized to reimburse the
county of Suffolk for such advancements as soon as the funds collected
in the various school districts are available therefor.
Hurricane or storm damage in Suffolk county. The board of
supervisors of the county of Suffolk may provide for the improvement or
reconstruction of beaches or shore front within the county, to repair
damage caused by hurricane or storm, and to provide suitable protection
to prevent future damage to lands or property by the ocean or other
waters, including the filling in and grading necessary for such purpose,
and including dredging material from inland waterways and moving earth
material on the beaches to fill and close new inlets heretofore or
hereafter formed in such beaches by a hurricane or storm; purchasing,
filling and placing sand bags, opening up old road beds or constructing
new traveling surfaces on the sand to permit traffic along the beaches;
transporting workmen, materials and equipment, dredging material to
construct new dunes on the beaches by embankment alone, purchasing of
material and rental of equipment to construct roadways over new fills or
along the beaches; to aid in transportation of materials and equipment;
purchasing or renting equipment for clearing debris from navigable
waters; constructing dikes, bulkheads, jetties and groins or other
similar devices on the beaches and supplying the necessary equipment,
materials and labor therefor; constructing barriers filled with brush,
wire, snow fence or any other suitable material, extending along the
shore, with jetties of the same or similar materials extending
offshoreward and supplying the necessary labor, equipment and materials
necessary therefor; any and all engineering and supervision in
connection with the carrying out of all work covered herein; clearing
out roadways to expedite traffic, and may acquire real property or an
interest therein for such purpose by purchase, dedication, gift, devise
or bequest or by condemnation in the manner provided by law for
acquisition of real property for highway or county road purposes.
Lake George fish screens in Warren county. The board of
supervisors of the county of Warren may by resolution, appropriate and
pay out such sums of money as it may deem necessary for the purpose of
providing for and maintaining a suitable screen or screens in the outlet
of Lake George to prevent the escape of fish from such lake.
Appropriations for conservation purposes in Washington county.
1. The board of supervisors of Washington county is hereby authorized
and empowered to enter into an agreement or agreements with the board of
supervisors of one or more adjoining counties possessing equivalent
powers for the joint construction or acquisition, maintenance and
control of facilities for the promotion and conservation of fish, game
and other natural resources, and may annually appropriate and expend
such sums as may be necessary pursuant to such agreement. The agreement
may provide for the method of acquisition or construction of the
facility, the management and operation thereof; the method of fixing the
proportionate share of each county and of making contributions; the
custody of moneys; the audit of claims; the duration of the agreement;
and such other matters as may be appropriate in the circumstances. The
agreement shall have a maximum duration of ten years, but such
limitation shall not prohibit successive agreements. Nothing herein
contained shall prevent the financing of the county's share of a project
pursuant to the provisions of the local finance law.
2. The board of supervisors of Washington county is hereby authorized
and empowered to annually appropriate moneys to defray such portion of
the cost of maintenance of a fish screen in Ticonderoga creek between
Lake George and Lake Champlain, heretofore constructed and now
maintained by the Lake George Screen Committee, Incorporated, as such
board may see fit. Moneys so appropriated shall be held in the custody
of the county treasurer and paid out by him only upon order of the board
of supervisors after due and proper audit and allowance. The board of
supervisors is hereby authorized to enter into such agreement with the
Lake George Screen Committee, Incorporated, as may be deemed necessary
to effectuate the provisions of this subdivision.
3. Nothing herein contained shall be deemed to supersede, alter or
abridge the powers and duties of the department of conservation, or any
division, agency or officer of said department, or to deprive said
department, or any division, agency or officer thereof of jurisdiction
now or hereafter conferred upon it in relation to conservation matters.
State office buildings and other public improvements in certain
counties. 1. Notwithstanding any other provision of law, general,
special or local, every county is hereby authorized and empowered:
(a) To acquire by purchase, gift or dedication, or by condemnation in
the manner provided by the law under which such county is authorized to
acquire property for public purposes, or if there be no such law, in the
manner provided by and subject to the provisions of the condemnation
law, property in any such city within the county as a site for an office
building or buildings and appurtenances, suitable for the primary use of
state departments, agencies and employees, and other public improvements
and appurtenances, which site may be located within a larger area
previously acquired and cleared under an urban renewal program.
(b) To acquire property from the state or a city within the county as
such a site, by lease for a term not exceeding forty years, or by a
quitclaim deed conveying all the right, title and interest of the people
of the state or city in and to such property, and to agree that if the
county shall fail, within five years from the date of such conveyance,
to construct an office building or to construct, reconstruct or
otherwise provide a public improvement on such property as may be
required by the terms of a contract entered into with the state
commissioner of general services in accordance with the provisions of
this section, or if any office building so constructed on such property
ceases to be used primarily for state purposes, then and in either
event, such property shall revert to the people of the state with right
of re-entry thereupon or shall be conveyed to the people of the state in
fee simple; provided, however, that as a condition precedent to the
exercise of such right of re-entry the state shall pay to the county
such amount as may be specified in a contract or lease entered into
between the state commissioner of general services and the county in
accordance with the provisions of this act, which amount may equal (i)
the purchase price of the county for such property, (ii) the depreciated
costs of the county for all buildings, public improvements and
appurtenances constructed thereon pursuant to any such contract or
lease, and (iii) all other costs of the county incurred pursuant to such
contract or lease incident to such property and the construction of such
office buildings and the construction, reconstruction or provision of
public improvements and appurtenances, including the cost of the
original fixtures, furnishings, equipment, machinery and apparatus, if
any, included in such work or purchased by the county. Upon the exercise
by the state of such right of re-entry, the county shall establish a
sinking fund and any payment made by the state upon exercise of such
right of re-entry shall, to the extent necessary, be paid into such fund
which shall be maintained solely for the liquidation of the principal of
and interest on any indebtedness contracted or incurred by the county in
relation to the property which so reverts to the people of the state of
New York.
(c) To enter into a contract or contracts with the state commissioner
of general services on behalf of the state providing for the
construction on such property of one or more office buildings, suitable
for the primary use of state departments, agencies and employees, and
for the construction, reconstruction or other provisions of other public
improvements and appurtenances.
(d) To clear such property, close and open streets and public ways,
and demolish existing structures as may be required by any such contract
with the state commissioner of general services and to construct one or
more such office buildings and to construct, reconstruct or otherwise
provide for other public improvements and appurtenances in accordance
with plans and specifications approved by the state commissioner of
general services and incorporated in any such contract.
(e) To designate the state commissioner of general services as its
agent in connection with the construction of one or more such office
buildings and the construction, reconstruction or provision of other
public improvements and appurtenances by the county pursuant to any such
contract with the state commissioner of general services, provided that
in such case, construction, reconstruction or other contracts in
connection therewith shall be let by the state commissioner of general
services to the lowest responsible bidder, after public advertisement,
in the manner provided in section eight of the public buildings law.
(f) To purchase through the state office of general services, in
accordance with section one hundred four of the general municipal law,
such furnishings, equipment, machinery and apparatus, not included in
the construction plans and specifications, as may be specified by
contract with the state commissioner of general services for
installation in an office building, public improvement or appurtenances,
and to install, alter or improve the same in accordance with such
contract.
(g) To lease to the state, for possession upon the completion of work,
all office buildings and public improvements and appurtenances
constructed, reconstructed or provided pursuant to any such contract
with the state commissioner of general services, together with the
original furnishings, equipment, machinery and apparatus installed
therein pursuant to paragraph (f) of this subdivision, and to lease the
property upon which such office buildings, public improvements and
appurtenances are constructed, reconstructed or provided if such
property is owned by the county or to sublease such property to the
state if leased to the county, for a term not exceeding forty years and
upon such terms and conditions including a fair and reasonable annual
rental as may be agreed upon between the county and the state
commissioner of general services.
(h) To sublease from the state an office building or public
improvement, or space therein, for the use of county departments,
agencies, or employees.
(i) To convey to the state title to all such office buildings and
public improvements and appurtenances, and to the property upon which
the same are constructed, reconstructed or provided if such property is
owned by the county, in fee simple at the expiration of the term of any
such lease or upon the earlier payment in full of the total amount
specified in any such contract or lease with the state commissioner of
general services, without additional charge therefor.
(j) To make appropriate provision in any contract or lease with the
state as to liability on account of loss or damage caused by fire,
explosion or other catastrophe and as to whether any property, office
building, public improvement, appurtenance, furnishings, equipment,
machinery and apparatus shall be insured against loss or damage from
such causes, for the payment of the cost of such insurance and for the
application of (i) any payments made by the state in respect of such
liability, or (ii) the proceeds of any such insurance received by the
county. If, under the terms of such contract or lease, any payments so
made by the state or the proceeds of any such insurance so received by
the county are not used to rebuild or repair the property, office
building, public improvement, appurtenance, furnishings, equipment,
machinery or apparatus destroyed or damaged, the county shall establish
a sinking fund and shall, to the extent necessary, pay any such payments
so made by the state or the proceeds of any such insurance so received
into such fund which shall be maintained solely for the liquidation of
the principal of and interest on any indebtedness contracted or incurred
by the county in relation to the property, office building, public
improvement, appurtenance, furnishings, equipment, machinery or
apparatus so destroyed or damaged.
(k) To make all agreements, necessary or convenient in respect
thereof, with a city within such county which joins with the county and
the state commissioner of general services in a contract entered into
pursuant to the provisions of this section, and to share with such city
any benefits accruing to the county from such contract or from general
provisions of law which become applicable because of the acquisition of
property upon which the office building or buildings, public
improvements, or appurtenances, are constructed, reconstructed or
provided pursuant to the terms of such contract.
(l) From time to time, to authorize, issue and sell obligations,
pursuant to the local finance law, to pay the costs of acquiring
property, of constructing office buildings, of constructing,
reconstructing or otherwise providing other public improvements and
appurtenances, including in each case architectural and engineering
fees, and of purchasing original furnishings, equipment, machinery and
apparatus therefor pursuant to this section. The acquisition of such
property, the construction of such office buildings, the construction,
reconstruction or other provision of other public improvements and
appurtenances and the purchase of such original furnishings, equipment,
machinery and apparatus are hereby declared county purposes.
(m) To make provision in any contract or lease, or both, with the
state relative to the county and its officers and employees being
indemnified and saved harmless from any and all manner of claims,
damages, loss, injury, suits, actions and proceedings and the
performance, payment, and compliance with, all orders and judgments that
may be rendered, obtained or made against the county and arising out of,
connected with, or, because of, anything done or undertaken hereunder or
pursuant hereto by, or, in behalf of, or, in the name of, the county.
There shall be included in such indemnification any expenses, fees and
costs of the county in respect of the foregoing and not otherwise
reimbursed to it pursuant to any contract or lease.
(n) To enter into a contract or contracts in accordance with the
provisions of this section, with the state commissioner of general
services and with a city within such county which contract or contracts
may provide for:
(i) The acquisition by such county of land suitable for the
establishment thereon of a portion of a complex, the remainder of which
complex is to be established upon the contiguous site of an office
building or buildings suitable for the primary use of state departments,
agencies and employees.
(ii) The construction by the county on its land of a building or
buildings and public improvements and appurtenances for the uses and
purposes of the county and such city.
(iii) The designation by the county of the state commissioner of
general services to act as its agent for the joint design, development,
construction, reconstruction and provision of the portions of the
complex containing common facilities, in accordance with plans and
specifications approved by the state commissioner of general services
and the county.
(iv) The payment by the state in the first instance, whenever state
funds therefor are made available, of any and all costs and expenses of
the design, development, construction, reconstruction and development of
the portions of the complex containing the common facilities, subject to
payment to and reimbursement of the state by the county of its
proportionate share of the said costs and expenses, at the time and in
the amounts specified in the contract.
(v) The granting, acceptance and exchange of easements, licenses and
rights-of-way, in, on, over and under any land, building or public
improvement in connection with the construction or use of the complex.
(vi) The operation, maintenance and repair by the state and county and
such city of the common facilities of the complex and for the payment
and reimbursement by the state and county and such city of all costs of
such operation, maintenance and repair.
(vii) The defense against claims by third parties arising out of the
ownership, operation and control of the common facilities, by insurance
or otherwise.
(viii) The repair and reconstruction of any building, common facility,
public improvement and appurtenances within the complex damaged or
destroyed by fire, explosion or other catastrophe.
(ix) The lease by such county and the state of stores and restaurants
within the common facilities for the convenience of state and municipal
employees and the public at large upon such terms and conditions,
including consideration and length of term as such county and the
commissioner of general services deem proper.
2. For purposes of this section:
(a) The term "property" is defined to include lands, waters, rights in
lands or waters, structures, franchises and interests in land, including
lands under water and riparian rights, and any and all other things and
rights usually included within the definition of real property and
includes also any and all interests in such property less than full
title, such as easements permanent or temporary, rights-of-way, uses,
leases, licenses and all other incorporeal hereditaments and every
estate, interest or right, legal or equitable.
(b) The term "public improvement" or "public improvements" is defined
to include but not limited to a courthouse, an archives and records
center, a museum, a laboratory, a park, a garden, a recreation area,
restaurants, shops, the installation of trees, shrubs and other
landscaping, a monument, fountain, sculpture, a plaza, substructure and
parts thereof, mechanical, pedestrian or vehicular accessways, a parking
garage, a parking lot, a pedestrian walkway or overpass or underpass, an
arterial highway or connection, a crossroad or access road, a
transportation terminal or shelter, a meeting hall, a civil defense
shelter against radioactive fallout or blast, and other public
structures and facilities intended for the use of state or municipal
employees and the public at large.
(c) The term "appurtenances" is defined to include but is not limited
to fixtures, equipment, machinery and apparatus which are an integral
part of an office building or public improvement and service units and
other connections and installations for power, water, sewer, gas,
electrical, telephone, heating, air conditioning, ventilating, snow
melting, and other utility services.
(d) The term "governmental-building complex" or "complex" is defined
to mean any building or group of buildings together with their common
facilities, related public improvements and appurtenances, constructed
by the state and any county and such city as an integrated unit for the
primary use of state and municipal offices, departments, agencies,
employees and the public at large.
(e) "Common facility" or "common facilities" is defined to mean public
improvements or appurtenances for the joint use and benefit of occupants
of a governmental complex.
3. Except as otherwise provided in relation to any amount paid by the
state upon the exercise of a right of re-entry upon property which
reverts to the people of the state of New York, or in relation to any
payment made by the state on account of loss or damage caused by fire,
explosion or other catastrophe, or in relation to any proceeds of
insurance, any moneys received by a county from the state in accordance
with the provisions of any contract or lease entered into between the
county and the state commissioner of general services pursuant to this
section shall be applied to and actually used for payment of all costs
of operation, maintenance and repair, if required by such contract or
lease to be performed by the county, and for payment of any interest on
and amortization of or redemption of any county obligations issued
pursuant to paragraph (l) of subdivision one of this section, or such
moneys shall be deposited in a special fund to be used solely for such
payments. The application and use of such payments, or the deposits
required therefor, shall not prohibit the county from using any such
moneys, in excess of such payments or deposits in any one year, for any
lawful county purpose.
Loans of money or credit to hospitals or health related
facilities in Suffolk county. Notwithstanding any general, special or
local law or charter provision to the contrary, the county legislature
of the county of Suffolk shall have the power and is hereby authorized,
pursuant to section seven of article seventeen of the constitution, to
lend its money or credit to or in aid of any corporation or association
within its boundaries, regulated by law as to its charges, profits,
dividends, and disposition of its property or franchises, for the
purpose of providing such health related facility or hospital facilities
for the prevention, diagnosis or treatment of human disease, pain,
injury, disability, deformity or physical condition, and for facilities
incidental or appurtenant thereto as may be prescribed by law.
In pursuance of the authority granted herein the county legislature of
the county of Suffolk shall have the power and is hereby authorized from
time to time to issue its bonds, notes or other obligations in such
principal amounts as it shall deem necessary, after taking into account
other monies which may be available for the purposes set forth herein.
Such bonds, notes or obligations shall be issued for the purpose of
making loans to such corporations or associations which are eligible
borrowers, paying interest on such bonds, notes or other obligations;
establishment of reserves to secure such notes, bonds, or other
obligations, and paying all other obligations and expenditures
incidental to and necessary or convenient for the making of such loans.
In connection with the making of loans and commitments therefore, the
county of Suffolk shall make and collect such fees and charges including
but not limited to reimbursement of all costs of financing by the county
of Suffolk, service charges, insurance premiums and other reasonable
costs. Such bonds, notes or obligations shall be issued in accordance
with the applicable provisions of this chapter and the local finance law
and applicable local laws.
The county legislature of the county of Suffolk shall also be
authorized to enact local laws governing the conditions under which such
loans, commitments and guarantees shall be made.
The county legislature of the county of Suffolk shall also be
authorized to guaranty loans for the purposes set forth herein made by
banking corporations and lending institutions, in conformity with
applicable laws.
The expenditure of funds, issuance of bonds, notes or obligations or
guarantee of loans by the county of Suffolk pursuant to the provisions
of this act and the provisions of section seven of article seventeen of
the constitution shall be deemed a lawful county purpose.
* § 853. Oneida County-tribal detention agreement. Notwithstanding any
other inconsistent provision of law, the agreement executed between the
county of Oneida and the Oneida Indian Nation executed on May
twenty-third, two thousand twenty-four, including, without limitation,
the provisions contained therein relating to confinement at the Oneida
county correctional facility of incarcerated adults remanded by the
Oneida Indian Nation court, shall, upon its effective date, be deemed
approved, ratified, validated and confirmed by the legislature. It is
the intention of the legislature in enacting this section to ensure that
the agreement be fully enforceable in all respects as to the rights,
benefits, responsibilities and privileges of all parties under the
agreement.
* NB Repealed May 23, 2033
* § 854. Madison county-tribal detention agreement. Notwithstanding
any other inconsistent provision of law, the agreement executed between
the county of Madison and the Oneida Indian Nation executed on May
twenty-eighth, two thousand twenty-four, including, without limitation,
the provisions contained therein relating to confinement at the Madison
county correctional facility of incarcerated adults remanded by the
Oneida Indian Nation court, shall, upon its effective date, be deemed
approved, ratified, validated and confirmed by the legislature. It is
the intention of the legislature in enacting this section to ensure that
the agreement be fully enforceable in all respects as to the rights,
benefits, responsibilities and privileges of all parties under the
agreement.
* NB Repealed May 28, 2033
ARTICLE 24 Provisions Applicable to New York City
Devolution of powers and duties on the county of Bronx. 1. The
county of Bronx shall possess all the rights and be subject to all the
obligations of the counties now included within the city of New York,
except as otherwise provided by law.
2. All acts and parts of acts specially applicable to the county of
New York or that portion of the borough of the Bronx formerly part of
the county of Westchester, annexed to the city of New York by chapter
nine hundred thirty-four of the laws of eighteen hundred ninety-five,
and now in force in the borough of the Bronx shall continue in full
force and effect in the county of Bronx, as though the county had been
in existence at the time of the passage of such acts, and as though the
name of the county of Bronx had appeared in such acts and parts of acts
wherever the name of the county of New York or the county of Westchester
appears in such acts or parts of acts.
3. The surrogate, district attorney and county clerk of the county of
Bronx shall have all the powers and perform all the duties as required
by the constitution and the laws of this state prescribing the duties
and powers of such officers.
Office of the sheriff. 1. The commissioner of correction of the
city of New York shall have custody of the civil jails and persons
lawfully committed to his custody and such jails shall be kept by him,
or by keepers appointed by him, for whose acts he shall be responsible.
2. The provisions of section two hundred eighteen and the provisions
of article seventeen of this chapter shall apply to the sheriff, except
when inconsistent with the provisions of this article, the charter,
administrative code or a local law adopted pursuant thereto. In the
interpretation of this section, a board of supervisors shall be deemed
to mean the officer or agency vested with power under the New York city
charter, or by other law, to act pursuant to this article.
Certain office hours. 1. The offices of the county clerk in the
counties constituting the city of New York shall remain open for the
transaction of business from nine o'clock in the forenoon to four
o'clock in the afternoon every day except Saturdays, Sundays and
holidays and except in the months of July and August when said offices
shall remain open for the transaction of business from nine o'clock in
the forenoon to two o'clock in the afternoon except Saturdays, Sundays
and holidays.
2. Whenever the last day on which any paper shall be filed or act done
or performed in any such office expires on Saturday, Sunday, public
holiday or a day when such office is closed for the transaction of
business, the time therefor is hereby extended to and including the next
business day such office is open for the transaction of business.
3. Notwithstanding the foregoing provisions of this section, the motor
vehicle section of a county clerk's office may, by order of the mayor,
be kept open on Saturdays during the month of January.
Official seals and signatures. 1. The seals heretofore kept by
the respective county clerks of the counties comprising the city of New
York shall continue to be the seals of said counties. The seal kept by
the county clerk as prescribed in the judiciary law, shall continue to
be the seal of the county and must be used by him when he is required to
use an official seal. The seal heretofore adopted by the county judges
of the county of Bronx shall continue to be the official seal of such
county and of the supreme court of such county. This provision shall not
be applicable in cases where special provisions are otherwise made by
law.
2. The signature and seal of a county clerk upon a certificate of
official character of a notary public or the signature of a county clerk
upon a certificate of authentication of the signature and acts of a
notary public or commissioner of deeds or upon a certificate of
comparison or of search may be a facsimile, imprinted, stamped,
photographed or engraved thereon.
3. The county clerk may designate from among the permanent members of
his staff, one or more individuals who shall be permitted to sign his
name and affix his official seal upon documents of certification,
attestation, and comparison, as well as upon certificates attesting to
the official character of notaries public and the signatures of public
officers and upon judgments, orders, commissions and other documents
requiring the official signature and seal of the county clerk.
Court and trust fund register and liability of officers. The
county clerks of the counties comprising the city of New York shall
perform the same duties and shall be subject to the same penalties
imposed by the provisions of this chapter upon other county clerks of
the state with relation to court and trust fund registers and the
delivery of property or moneys to the commissioner of finance in
pursuance of any judgment, decree or order of a court of record of this
state.
Liability of commissioner of finance and surety for loss of
court and trust funds. The commissioner of finance of the city of New
York and his surety or sureties shall be liable in the same manner as
county treasurers are made liable under the provisions of this chapter
for the loss of court and trust funds.
Liability of city of New York for loss of court and trust
funds. The city of New York shall be responsible for all property or
moneys deposited with the commissioner of finance by virtue of any
judgment, decree or order of a court of record in this state provided,
however, that the city shall not be held liable for any loss due to the
depreciated value of an investment legal at the time of its purchase and
which continued to be a legal investment during the period of the trust.
An action to recover any loss to or of such fund may be brought against
the city by any party aggrieved or by the state comptroller in a court
of competent jurisdiction.
Certain publications in county of Bronx. Every citation, order,
proclamation, summons or notice, except a notice required to be
published by the provisions of the public lands law, which is required
by any provision of law to be published in any newspaper published in a
county shall, where such publication is required or ordered in Bronx
county, be published in at least two newspapers published within such
county. No publication shall be deemed a compliance with any law
requiring it unless such publication shall have been made in at least
two such newspapers.
Appointment and salary of county clerks. 1. The county clerks
of the counties comprising the city of New York shall be appointed and
removable in pursuance of section thirteen of article thirteen of the
constitution.
2. Each of the county clerks of the counties comprising the city of
New York shall receive an annual salary of not less than the minimum
annual compensation received by a justice of the supreme court of the
state of New York elected from the same judicial district in which the
county for which the county clerk serves is located.
3. Said salaries shall be in lieu of all other fees or forms of
compensation for services rendered in the performance of the duties of
the office.
4. Notwithstanding any of the provisions of this section or of any
other law, the salaries of any such county clerks may be increased by
the chief administrator of the courts upon the recommendation of the
administrative board of the courts, provided that if the salaries of any
such county clerks are thus increased above the salaries provided for in
this section, such salaries may likewise be decreased to any salaries
not lower than the salaries provided for in this section.
Additional general duties of county clerks. The county clerk of
each of the counties within the city of New York shall be clerk of the
supreme court within his respective county, and shall have power to
select, draw, summon and empanel grand and petit jurors in the manner
and under the conditions now or hereafter prescribed by law, and shall
have such other powers and duties as shall be prescribed from time to
time by law. The powers conferred and the duties imposed upon county
clerks by section six hundred sixty-one of this chapter shall be
exercised and performed by the county clerk of the appropriate county
and the county clerk shall, in the exercise and performance thereof, be
subject to the same liabilities and responsibilities, as are prescribed
in said section.
Nothing herein contained shall prohibit the county clerk of Kings
county from performing any duty not in conflict with the aforesaid
duties which has been or may be imposed by federal law, or from
receiving or retaining fees or other compensation provided by such law
for the performance of such duty.
Official undertakings of county clerks. Each county clerk shall
before entering upon or assuming the duties of his office, give a bond
to the people of the state of New York in the sum of twenty-five
thousand dollars, with not less than two sufficient sureties, to be
approved by the comptroller of the city of New York, conditioned that he
will faithfully discharge the duties of his office and all trusts
imposed upon him by law by virtue of his office. In case of any official
misconduct or default on the part of such clerk, or in case any person
or corporation is injured or damaged by reason of any error,
inaccuracies or mistakes in a return of a search certified as correct by
such clerk, an action upon such bonds may be begun and prosecuted to
judgment by the attorney general, who shall, after first paying
therefrom the expenses of the litigation, cause the proceeds of such
judgment to be paid over, as shall be lawful and equitable, to the
person or corporation injured or damaged by such official misconduct or
by reason of any such error, inaccuracy or mistake in a certified return
of a search. Such bond shall be filed in the office of the comptroller
of the city of New York.
Appointment and salaries of counsel to the county clerks. The
clerk of each of the counties within the city of New York may appoint a
counsel who shall be an attorney and counselor-at-law with not less than
ten years' experience, and who shall receive an annual salary to be
fixed by the county clerk of his county within the amount provided by
the board of estimate.
Notwithstanding any of the provisions of this section or of any other
law, the salaries of any counsel to such county clerks may be increased
by the board of estimate of the city of New York, provided that if such
board increases the salaries of any such counsel above the salaries
provided for in this section, such board shall likewise have the power
to decrease any such salaries to any salaries not lower than the
salaries provided for in this section.
Subordinate employees in offices of county clerks; salaries. In
counties within the city of New York, the appointment of every deputy,
assistant, clerk, employee or subordinate shall be made in writing and
filed in the office of the clerk making the appointment before such
deputy, assistant or other person shall enter upon the discharge of his
duties. The number, duties and salaries of all such persons shall be
fixed by the clerk of each such county, respectively, subject to
revision by the board of estimate of the city of New York.
g. Notwithstanding any of the provisions of this section or of any
other law, the number of deputy county clerks in Bronx, Kings and Queens
counties or the salaries of any officers or employees provided for in
this section may be increased by the board of estimate of the city of
New York, provided that if such board increases either the number or
salaries of any such deputy county clerks, officers or employees above
the number or salaries provided for in this section, such board shall
likewise have the power to decrease any such number or salaries to any
number or salaries not lower than the number and salaries provided for
in this section.
Official undertakings of subordinates in offices of county
clerks. The county clerk of each such county may in his discretion
require any deputy, assistant, clerk, employee or subordinate appointed
by him to give a bond and may determine the amount thereof.
Duties of deputy county clerks. The deputy county clerks of
each of the counties comprising the city of New York shall, subject to
the provisions of the public officers law, have all the powers and
fulfill all the duties of the county clerk in his absence and shall be
subject to the same obligations and conditions prescribed for the county
clerk while he is performing his duties.
Fees of county clerks. All moneys to which the clerks of the
counties comprising the city of New York are entitled, by virtue of
their office, or which they may receive for any and all official
services rendered by them, or by any of their assistants, clerks,
employees, or subordinates shall belong to and be for the benefit of the
city of New York, and shall be collected by such clerks and accounted
for and paid over on the first day of each month into the treasury of
the city of New York.
Accounts of money to be kept in offices of county clerks. It
shall be the duty of clerks of the counties comprising the city of New
York to keep an exact and detailed account of all moneys actually
received by them or their subordinates for any services rendered in
their official capacity, and of all moneys which such county clerks or
their subordinates shall be entitled to demand and receive for any such
services. Said county clerks shall deposit monthly with the commissioner
of finance any and all such sums of money so received. Such account
shall show when every such service shall have been performed, its nature
and the money charged therefor, and shall at all times, during office
hours, be open to the inspection, without any fee or charge therefor, of
all persons desiring to examine the same, and such accounts shall be
deemed a part of the records of the office in which they shall be kept,
and shall be preserved therein as other books of record are until they
have been audited by the comptroller of the city of New York and his
approval given to their destruction but in any event for not less than
ten years.
Transcripts of accounts in offices of county clerks;
violations. 1. A transcript of the account shall be made in such form as
shall be prescribed by the comptroller of the city of New York. Such
transcript shall contain a statement of all moneys either received by
such clerks and their subordinates or which they are entitled to demand
and receive for services performed by them in their official capacity
since making the last preceding transcript and return, specifying the
total amount received from or charged to each person and corporation,
and the character of the services rendered. It shall be transmitted to
such comptroller within ten days from the expiration of each calendar
month, verified by the oath of such clerks or their deputies.
The verification shall be positive and not upon information and
belief.
The comptroller may examine the county clerks or any of their
subordinates under oath, touching the amount of moneys paid to and
received by such clerks and their subordinates in their official
capacity, and touching any statements contained in or required by this
article to be contained in such certified transcript and return. An
order for such examination must be granted by a justice of the supreme
court whenever an application shall be made therefor by such
comptroller, and such examination shall take place before such justice.
2. It shall be unlawful for the clerks of the counties comprising the
city of New York or any of their subordinates to receive for their own
use any moneys belonging to the city of New York, or to neglect to
render to the comptroller of the city of New York an account of the
moneys which they have received or are entitled to receive in their
official capacity or pay over the same as in this article required, or
to make a false statement in the certified transcript and return or to
swear falsely upon the examination by the comptroller.
3. Any violation hereof by such clerks or any such subordinates shall
be a misdemeanor. In addition thereto, such clerks or such subordinates
shall also forfeit any sum that may be due them on account of salary,
and shall be liable to the city of New York, in a civil action at the
suit of the city, for all moneys received and not accounted for and paid
over into the treasury of such city pursuant to the requirements of this
article.
General provisions pertaining to records in offices of county
clerks. 1. The clerk of each of the counties within the city of New York
is authorized and empowered to do such further acts for rearrangement,
care, repair, restoration, preservation, indexing and convenient
examination of the records, documents, maps and papers filed or recorded
in his office as in his judgment will best serve the public interest.
2. The clerk of the county of Richmond is hereby authorized, in his
discretion, to destroy copies and originals of chattel mortgages, bills
of sale and conditional bills of sale filed in his office, after the
expiration of ten years from the date of filing.
3. All books, records, maps and other public papers which are now
public records in the offices of the county clerks of New York, Kings,
Bronx, Queens and Richmond shall continue to be public records. The
county clerk may cause copies thereof to be made by photocopying or
other process, in his discretion, whenever by reason of age, use,
exposure or any casualty, such copies shall in his judgment be
desirable. All copies of any records filed in any such office, when
certified by any such clerk to be accurate copies thereof, shall for all
purposes have the same force and effect as the original. Unless
otherwise ordered by the appellate division pursuant to section
eighty-nine of the judiciary law, the original shall be placed in a
suitable enclosure and preserved, properly endorsed and indexed, for
such examination as may be directed by an order of court in any
proceeding in which the accuracy of the copy is questioned.
4. Any other laws to the contrary notwithstanding, the county clerk in
each of the counties within the city of New York is authorized and
empowered to maintain separate judgment docket volumes containing the
printed transcript or transcripts, in strict alphabetical order of
judgment made, entered and docketed in the civil court of the city of
New York against individuals, corporations, and other entities on behalf
of the parking violations bureau, the environmental control board, the
taxi and limousine commission, the department of consumer and worker
protection, the office of administrative trials and hearings when acting
in accordance with subdivision c of section 7-551 of the administrative
code of the city of New York and the commissioner of jurors of the city
of New York, provided that the judgments made, entered and docketed in
the civil court of the city of New York against individuals,
corporations, and other entities on behalf of the department of consumer
and worker protection shall be limited to final decisions and orders
that either (a) award restitution, or monetary damages, to a consumer or
worker; or (b) award such restitution, or monetary damages, to a
consumer or worker, together with civil penalties or equitable relief.
These volumes may be maintained in the form of computer print outs which
shall contain the date of judgment, the name and address of the judgment
debtor or debtors, the amount of the judgment and other information
which the county clerk may deem necessary to sufficiently describe the
parties to the action or proceeding or nature or the manner of the entry
of the judgment. The county clerk may, in in such clerk's discretion, in
lieu of such volumes, maintain the aforementioned data in a micrographic
or computer retrievable format. With respect to judgments on behalf of
the parking violations bureau such volumes or other format shall be
maintained pursuant to this subdivision for only those individuals,
corporations, and other entities having vehicles registered in the
counties within the city of New York.
5. Any other laws to the contrary notwithstanding, the department of
consumer affairs may file a certified copy of the final decision or
order of such department, provided that such final decision or order
either: (a) awards restitution, or monetary damages, to a consumer or
worker; or (b) awards such restitution, or monetary damages, to a
consumer or worker together with civil penalties or equitable relief,
with the county clerk of any county within the city of New York where a
respondent resides or has a place of business, or, if the respondent is
a non-resident of the city of New York and no longer has a place of
business within the city of New York at the time such department seeks
to file such certified copy, the department of consumer affairs may file
such certified copy of such final decision or order with the county
clerk of the county in which the department of consumer affairs is
located. Such consumer or worker may file a certified copy of such final
decision or order provided that such person has been assigned such final
decision or order or a portion of such final decision or order
authorizing restitution, imposing monetary damages or providing
equitable relief to such person. The filing of such final decision or
order shall have the full force and effect of a judgment duly docketed
in the office of such clerk. The final decision or order may be enforced
by and in the name of the department, or by a person who has been
assigned such decision or order or a portion thereof, in the same manner
and with like effect as that prescribed by the civil practice law and
rules for the enforcement of a money judgment.
Block indices in offices of county clerks. 1. New York, Bronx,
Kings and Queens counties. a. The county clerks of the counties of New
York, Bronx, Kings and Queens shall continue to index under the proper
block numbers all instruments now required by law to be recorded in the
books of notices of lis pendens. Such block index of notice of lis
pendens shall be entitled "the block index of notice of lis pendens" and
shall be ruled for entering therein the date of filing, the nature of
the action, the nature of the instrument, the court and index number,
the first named defendant, the first named plaintiff, the lot number or
street address, if any, the microfilm number and the proceedings had.
b. The county clerk of each of such counties shall also continue to
index under the proper block numbers all statutory notices of liens or
claims on land other than lis pendens which may be filed or recorded in
his office, which index shall be entitled "the block index of liens" and
shall be ruled for entering therein the date of filing, the nature of
the instrument, the owner of the premises affected by the notice, the
name and address of the lienor by whom the claim is made, the amount,
the lot number or street address, if any, and the proceeding had.
c. On and after July first, nineteen hundred sixty-four, the use of
land maps in the offices of the clerks of the counties of New York,
Bronx, Kings and Queens shall be discontinued, and the land maps
previously in use shall remain on file for the purpose of reference. On
and after such date, the tax maps for the boroughs of Manhattan, Bronx,
Brooklyn and Queens shall be substituted for the land maps theretofore
in use for the counties of New York, Bronx, Kings and Queens, and
reference shall be had to such tax maps and to the block numbers
designated thereon for the purpose of indexing instruments required to
be indexed in the block index of notice of lis pendens or in the block
index of liens. Such tax maps shall be conclusive as to the location of
block boundaries and block number designations. The tax map for each
borough may be referred to as the land map for the particular county
which it affects.
d. Except in the counties where existing land and tax blocks are
presently identical, on and after July first, nineteen hundred
sixty-four, the indices of all blocks theretofore existing in the block
index of notice of lis pendens and in the block index of liens shall be
closed except for the purpose of completing the indexing of instruments
filed prior to such date. New block indices shall thereupon be opened
for the block index of notice of lis pendens and for the block index of
liens, which new indices shall be numbered to conform with the block
numbers designated on the tax map of the borough for the particular
county to which it relates and which shall thenceforth be used for all
entries relating to land in such blocks. The date of closing shall be
entered at the end of each block index so closed and a reference shall
be made to the block number of the corresponding block in the new block
index. All such new block indices shall be endorsed on the covers
thereof so as to show the date of the opening thereof.
e. Whenever the boundaries of any block on the tax map shall
thereafter be changed or altered and renumbered according to law, the
block indices of notice of lis pendens and of liens of such block
theretofore existing comprising the land in the changed or altered block
so renumbered as aforesaid shall, except for the purpose of completing
the indexing of instruments filed prior to such change or alteration and
renumbering be closed and discontinued and new block indices of notice
of lis pendens and of liens shall be opened for every such renumbered
block, which new index shall thenceforth be used for all entries
relating to land in such block. The date of closing shall be entered at
the end of each block index so closed and a reference shall be made to
the number of every new, changed or altered block to be used in place
thereof. The date of opening shall be entered at the beginning of every
new block index, with a reference to the number of every block before in
use for the land contained in such new block.
f. Every instrument presented to a county clerk for filing and
required to be indexed in the block index of notice of lis pendens or in
the block index of liens in order to entitle the same to be filed shall
have endorsed thereon the number of every block on the current tax map
in which the land affected by such instrument is situate.
g. The county clerk of each of such counties, so long as he deems it
expedient, may prepare alphabetical indices of the parties to the
instruments mentioned in this subdivision, or to any of them, filed in
his office, and of the owners of land against which liens have been
filed and of judgment debtors whose names appear on record. The
particular form of such alphabetical indices shall be as such county
clerk shall determine, and shall cover such periods and be brought down
to such dates as he shall direct in respect to his own office.
h. Whenever any instrument entitled to be filed and indexed under the
provisions of this subdivision shall be presented for record, there
shall forthwith be endorsed thereon the date, hour and minute of its
receipt and the same shall be entered in the proper index under the
proper block number thereof in accordance with the items set forth in
paragraph a or paragraph b hereof.
i. The entries made in the block indices of notice of lis pendens and
of liens in conformity with the requirements of this subdivision shall
for the purpose of notice be deemed and taken to be a part of the record
of the instrument to which such entries respectively refer, and shall be
notice to subsequent purchasers or incumbrances to the same extent and
with like effect as the filing of such instruments in the office of such
county clerks now is or may be notice.
j. In cases where any instrument shall have been filed with an
erroneous designation, such county clerk on presentation of proper proof
thereof shall enter such instrument in the proper index under the proper
block number of every block, the designation of which shall have been
erroneously stated. He shall at the same time make a note of such entry
and of the date thereof in every place in which such instrument may have
been erroneously indexed, opposite the entry thereof, and also upon the
instrument itself, if the same be in his possession or produced to him
for the purpose, and the record of such instrument shall be constructive
notice as to the property in any block not duly designated at the time
of such filing only from the time when the same shall be properly
indexed.
Block indices in the office of the county clerk in the county
of Richmond. a. The county clerk of the county of Richmond shall
continue to index under the proper block numbers all instruments now
required by law to be recorded in the books of notices of lis pendens.
Such block index of notice of lis pendens shall be entitled "the block
index of notice of lis pendens" and shall be ruled for entering therein
the date of filing, the nature of the action, the nature of the
instrument, the court and index number, the first named defendant, the
first named plaintiff, the lot number or street address, if any, the
microfilm number and the proceedings had.
b. Such county clerk shall also continue to index under the proper
block numbers all statutory notices of liens or claims on land other
than lis pendens which may be filed or recorded in his office, which
index shall be entitled "the block index of liens" and shall be ruled
for entering therein the date of filing, the nature of the instrument,
the owner of the premises affected by the notice, the name and address
of the lienor by whom the claim is made, the amount, the lot number or
street address, if any, and the proceeding had.
c. On and after July first, nineteen hundred eighty-one, the use of
land maps in the office of the county clerk of the county of Richmond
shall be discontinued, and the land maps previously in use shall remain
on file for the purpose of reference. On and after such date, the tax
map for the borough of Staten Island shall be substituted for the land
map theretofore in use for the county of Richmond, and reference shall
be had to such tax map and to the block numbers designated thereon for
the purpose of indexing instruments required to be indexed in the block
index of notice of lis pendens or in the block index of liens. Such tax
map shall be conclusive as to the location of block boundaries and block
number designations. Such tax map may be referred to as the land map for
the county of Richmond.
d. Unless existing land and tax blocks are presently identical, on and
after July first, nineteen hundred eighty-one, the indices of all blocks
theretofore existing in the block index of notice of lis pendens and in
the block index of liens shall be closed except for the purpose of
completing the indexing of instruments filed prior to such date. New
block indices shall thereupon be opened for the block index of notice of
lis pendens and for the block index of liens, which new indices shall be
numbered to conform with the block numbers designated on the tax map of
the borough of Staten Island and shall thenceforth be used for all
entries relating to land in such blocks. The date of closing shall be
entered at the end of each block index so closed and a reference shall
be made to the block number of the corresponding block in the new block
index. All such new block indices shall be endorsed on the covers
thereof so as to show the date of the opening thereof.
e. Whenever the boundaries of any block on the tax map shall
thereafter be changed or altered and renumbered according to law, the
block indices of notice of lis pendens and of liens of such block
theretofore existing comprising the land in the changed or altered block
so renumbered as aforesaid shall, except for the purpose of completing
the indexing of instruments filed prior to such change or alteration and
renumbering be closed and discontinued and new block indices of notice
of lis pendens and of liens shall be opened for every such renumbered
block, which new index shall thenceforth be used for all entries
relating to land in such block. The date of closing shall be entered at
the end of each block index so closed and a reference shall be made to
the number of every new, changed or altered block to be used in place
thereof. The date of opening shall be entered at the beginning of every
new block index, with a reference to the number of every block before in
use for the land contained in such new block.
f. Every instrument presented to the county clerk of the county of
Richmond for filing and required to be indexed in the block index of
notice of lis pendens or in the block index of liens in order to entitle
the same to be filed shall have endorsed thereon the number of every
block on the current tax map in which the land affected by such
instrument is situate.
g. Such county clerk, so long as he deems it expedient, may prepare
alphabetical indices of the parties to the instruments mentioned in this
section, or to any of them, filed in his office, and of the owners of
land against which liens have been filed and of judgment debtors whose
names appear on record. The particular form of such alphabetical indices
shall be as such county clerk shall determine, and shall cover such
periods and be brought down to such dates as he shall direct in respect
to his own office.
h. Whenever any instrument entitled to be filed and indexed under the
provisions of this section shall be presented for record, there shall
forthwith be endorsed thereon the date, hour and minute of its receipt
and the same shall be entered in the proper index under the proper block
number thereof in accordance with the items set forth in subdivision a
or b of this section.
i. The entries made in the block indices of notice of lis pendens and
of liens in conformity with the requirements of this section shall for
the purpose of notice be deemed and taken to be a part of the record of
the instrument to which such entries respectively refer, and shall be
notice to subsequent purchasers or incumbrancers to the same extent and
with like effect as the filing of such instruments in the office of such
county clerk now is or may be notice.
j. In cases where any instrument shall have been filed with an
erroneous designation, such county clerk on presentation of proper proof
thereof shall enter such instrument in the proper index under the proper
block number of every block, the designation of which shall have been
erroneously stated. He shall at the same time make a note of such entry
and of the date thereof in every place in which such instrument may have
been erroneously indexed, opposite the entry thereof, and also upon the
instrument itself, if the same be in his possession or produced to him
for the purpose, and the record of such instrument shall be constructive
notice as to the property in any block not duly designated at the time
of such filing only from the time when the same shall be properly
indexed.
Alphabetical indices in offices of county clerks. The clerk of
each of the counties within the city of New York, so long as he deems it
expedient, may continue the alphabetical indices of the parties to
notices of lis pendens, statutory notice of liens and claims upon land,
or of the parties to either of them, and of the owners of land against
which liens have been filed and of judgment debtors whose names appear
on record. The particular form of such alphabetical indices shall be as
such county clerk shall determine, and shall be certified by him as
having been prepared under the authority of this article. Such indices
shall be kept in the office of the county clerk or in such other place
as shall be provided for them and shall be public records.
Current minute books and indices in office of county clerk of
New York county. 1. The county clerk of New York county must keep books
to be known as current minute books. Each half page of space in each
book, or one-third page of space in each book if it is deemed more
practicable to subdivide each page in thirds, shall be consecutively
numbered for each year and shall be devoted to one action or proceeding.
On a half page or one-third page so numbered the clerk shall enter the
title of the action or proceeding having the same number for that year,
with the names of the first plaintiff or party and the first defendant
or party and the names of the attorneys in full, and in chronological
order a brief description of each paper as it is filed, together with
the date of filing thereof, also the verdict, report or decision, if
any, rendered in the action as of the date of the rendering thereof,
also all orders and judgments in the action. All preliminary,
interlocutory and provisional proceedings, and proceedings supplementary
to judgment or execution, shall be entered on the same half page or
one-third page of the minute book as the action out of which they arise,
or to which they relate, except in actions where the entries are so
voluminous as to require one or more additional half pages or one-third
pages of space, in which case the entries shall be continued under the
same number upon other pages of that or a subsequent minute book,
reference thereto being entered at the end of the first and all
additional half pages or one-third pages.
2. There shall be kept an alphabetical index of all the actions or
proceedings entered in such current minute books during any year, which
index shall consist of two sets of separate volumes, one set to be
designated and used for indexing actions wherein the plaintiff or
plaintiffs are individuals, including all individual members of a
copartnership or of a firm doing business under a firm name or style as
stated in the title of the action, and the other set to be designated
and used for indexing actions wherein the plaintiff or plaintiffs are
corporations, a joint stock company, a copartnership or a firm name or
style under which a person or persons are doing business. Each of such
sets of index books shall have a separate volume or volumes for each
letter of the alphabet, except that the county clerk may, in his
discretion, include more than one letter in a volume when convenience
will be served, and a suitable marginal page index, and shall have the
designation of its set of books, its letter and the year or years of its
entries plainly marked on its back and cover. And all such actions or
proceedings shall be indexed in such index volumes according to all the
names of the plaintiffs of each title, as contained in the first paper
filed therein, in the same manner as it is provided in section nine
hundred twenty-two of this chapter that judgment debtors shall be
docketed in the judgment docket books, and in every case the index
number of the action shall be entered opposite the name indexed.
3. Whenever an action is transferred to another court, or the place of
trial changed, the clerk to whom the papers in such actions are
delivered shall bind them and file them together and shall enter in the
current minute book in which he makes entries an entry of the filing
thereof, and shall continue to make subsequent entries therein in the
same manner as if the papers had originally been filed with him.
Judgment docket in office of county clerk of New York county.
1. The judgment dockets shall be kept by the county clerk of New York
county in two separate sets of books, one set to be designated and used
for judgments against individuals including all individual members of a
copartnership or of a firm doing business under a firm name or style and
the other set to be designated and used for judgments against
corporations including joint stock companies, copartnerships or firm
names or styles under which businesses are conducted; and each set of
such judgment dockets must have a separate volume or volumes for each
letter of the alphabet and each judgment docket book shall have its
letters, and the year or years of its entries plainly marked on its back
and cover and on every page.
2. Each volume of the judgment dockets for judgments against
individuals shall contain the names of those judgment debtors whose last
names begin with the letter marked on its cover. Each such volume shall
also have an alphabetical marginal page index for a further alphabetical
breakdown of the names included therein. The marginal page index may
show each letter of the alphabet in order and, in such event, a page of
such judgment docket may contain the names of those judgment debtors
whose first names begin with the letter or whose first initial is the
letter marked on the marginal index for that page; and there shall be at
the back of each of such volumes blank pages not indexed which shall
contain the names of those judgment debtors whose first names or
initials are stated in the title of the action to be unknown or
fictitious.
3. Each volume of the judgment dockets for judgments against
corporations shall contain the names of those judgment debtors the first
letter or initial of whose names as it appears, following the prefixed
articles "A", "An" or "The", is the letter marked on its cover. Each
such volume may have an alphabetical marginal page index for a further
alphabetical breakdown of the names included therein.
4. The number of the action and the year in which it was begun shall
be entered as part of the entry of every judgment.
Current docket books and filing for Bronx county. 1. The
county clerk of Bronx county must keep books to be known as current
docket books. Each half page of space in each book shall be
consecutively numbered in a series of consecutive numbers for each year
and shall be devoted to one action. On a half page so numbered the clerk
shall enter the title of the action having the same consecutive number
for that year, with the names of the plaintiffs and defendants and
attorneys in full, and in chronological order a brief description of
each paper as it is filed, together with the date of filing thereof,
also the verdict, report or decision, if any, rendered in the action as
of the date of the rendering thereof, also all orders and judgments in
the action. All interlocutory and provisional proceedings, and
proceedings supplementary to execution, shall be entered on the same
half page of the docket as the action out of which they arise, except in
actions where the entries are so voluminous as to require one or more
additional half pages of space, in which case the entries shall be
continued under the same number upon other pages of that or a subsequent
docket book, reference thereto being entered at the end of the first and
all additional half pages, and the clerk upon entering the description
of a paper filed in an action shall enter upon its front page and
opposite the title caption the number of the action and the filing date
and number of entry of the paper.
2. There shall be kept an alphabetical index of all the actions
entered in such current docket books during any year, which index shall
consist of two sets of separate volumes, one set to be designated and
used for indexing actions wherein the plaintiff or plaintiffs are
individuals, including all individual members of a copartnership or of a
firm doing business under a firm name or style as stated in the title of
the action, and the other set to be designated and used for indexing
actions wherein the plaintiff or plaintiffs are corporations, a joint
stock company, a copartnership or a firm name or style under which a
person or persons are doing business. Each of such sets of index books
shall have a separate volume for each letter of the alphabet, except
that the county clerk may, in his discretion, include more than one
letter in a volume when convenience will be served, and the volumes
designated and used for indexing actions wherein the plaintiff or
plaintiffs are individuals shall have a marginal page index showing each
letter of the alphabet in order, and shall have the designation of its
set of books, its letter and the year or years of its entries plainly
marked on its back and cover and on every page. And all of such actions
shall be indexed in such index volumes according to all the plaintiffs
of each title, in the same manner as it is provided in section nine
hundred twenty-three of this chapter that judgment debtors shall be
docketed in the judgment docket books, and in every case the serial
number of the action shall be entered opposite the name indexed.
3. Whenever an action is transferred to another court, or the place of
trial changed, the clerk to whom the papers in such action are delivered
shall enter in the current docket book in which he makes entries, copies
of all entries theretofore made in said action, and shall continue to
make subsequent entries therein in the same manner as if the process had
originally been filed with him. All papers numbered and docketed as
herein directed shall be filed together; and on the entry of final
judgment in any action all the papers in that action shall be arranged
in the order of the dates on which they were filed and shall be fastened
or bound together flat with the judgment-roll and so filed.
Photo recording. The county clerks of the counties within the
city of New York may cause parts of documents to be separated in order
to facilitate recording and copying by use of a photo copying process,
provided that such documents are restored to their original form
immediately after the completion of such process.
Certificate of searching records and copies. The clerk of any
of the counties comprising the city of New York, upon payment of the fee
prescribed therefor, shall diligently search the files, papers, records
and dockets in his office, when so requested, and make one or more
transcripts therefrom, and certify to the correctness thereof, or
certify that a document or paper, of which the custody legally belongs
to him, cannot be found.
Election of district attorneys; term and vacancies. 1. There
shall continue to be elected in each of the counties of New York, Kings,
Bronx, Queens and Richmond a district attorney who shall hold office for
the term of four years from and including the first day of January
succeeding his election.
2. There shall continue to be appointed by the governor a district
attorney in each of said counties, when a vacancy shall occur in such
office, and the person so appointed shall hold office until the last day
of December succeeding the first election thereafter at which such
vacancy can be filled by election.
General duties of district attorneys. It shall be the duty of
the district attorney of the respective counties of New York, Bronx,
Kings, Queens and Richmond to prosecute all crimes and offenses
cognizable by the courts of the county for which he shall have been
elected or appointed, except when the place of trial of an indictment is
changed from one county to another, it shall be the duty of the district
attorney of the county where the indictment is found to conduct the
trial of the indictment so removed, but said district attorney shall
assist in the trial of an indictment removed to his county for trial,
upon request of the district attorney of the county wherein the
indictment was found. He shall perform the duties prescribed in section
seven hundred of this chapter and such other duties as are prescribed by
law.
Salary of district attorneys. Each of the district attorneys
of the counties of New York, Bronx, Kings, Queens and Richmond shall
receive an annual salary of not less than the compensation received by a
justice of the supreme court in the county in which he has been elected
or is serving together with such additional allowances or compensation
as shall hereafter be provided by state and/or local law.
Official undertaking of district attorneys. Every person
elected or appointed to the office of district attorney, shall, before
he enters upon the duties of his office, and if appointed, within
fifteen days after notice thereof, execute and deliver, to the county
clerk of his county, an official undertaking with surety or sureties in
an amount fixed by the comptroller approved by a justice of the supreme
court in the county in which he has been elected or is serving. Such
undertaking shall be to the effect that he will faithfully account for
and pay over according to law, or as the court may direct, all moneys
that may come into his hands as such district attorney.
Assistant district attorneys; salaries. The district attorney
of each county contained within the city of New York is hereby vested
with the power to appoint and at pleasure to remove any assistant
district attorney attached to his office. The number of such assistant
district attorneys and deputy assistant district attorneys for which
there is now provision by appropriation and the salary paid to each of
them shall be continued except as hereinafter provided. All deputy
assistant district attorneys shall become and hereafter be known as
assistant district attorneys. The number of assistant district attorneys
and the salary paid to any assistant district attorney may be increased
or decreased by the mayor of the city of New York with the consent of
the district attorney.
Employees of the district attorneys in counties contained
within the city of New York. The district attorney of each county
contained within the city of New York is vested with the power to
appoint any person to any position for which there is now provision by
appropriation or which shall hereafter be established. All positions in
the several district attorneys' offices within the city of New York for
which there is now provision by appropriation shall be continued, except
that the mayor of the city of New York may with the consent of the
district attorney increase or decrease the number of positions and the
term, grade, salary and compensation of any position.
Exemption of district attorneys from payment of certain fees.
No salaried officer of the city of New York or of the counties of New
York, Kings, Queens, Richmond and Bronx, or of any court mentioned in
the civil practice act, exercising jurisdiction within the limits of the
city of New York, and no public officer who is required by law to
deposit the fees collected by him or his office in the city treasury,
shall be entitled to receive from the district attorney of any of the
counties of New York, Kings, Queens, Richmond and Bronx, any fee for
levy, service or return of executions or other mandate or order for
entering, filing, docketing, registering or recording any paper, record
or document, required by law to be entered, filed, docketed, registered
or recorded in his office and every such officer must, upon application
therefor, furnish to the district attorney of any of the said counties,
a certified or exemplified copy or transcript of, or extract from, or
transcript of any writing, paper, record or document on file or recorded
in his office, or of the return upon an execution, mandate or order,
without the payment of any fee or charge whatsoever therefor.
Appropriations for extraordinary criminal actions. It shall be
lawful for the city, upon the certificate of the district attorney of
any county within the city of New York, to appropriate such sums as it
may deem necessary, for the proper conduct of a criminal action of
exceptional difficulty. Such sums shall be raised pursuant to paragraph
ten of subdivision a of section one hundred seventeen of the New York
city charter.
Cost of removed criminal trials. Each respective county of
New York, Bronx, Kings, Queens and Richmond in which an indictment is
found shall reimburse the county to which such indictment may be removed
for trial for the cost and expenses of such trial, in the same manner as
other counties are made liable under the provisions of this chapter.
Disposition of property by district attorney of New York
county. All property delivered into the custody and held and kept by the
district attorney of the county of New York, for use as evidence or
otherwise, in any criminal investigation, action, appeal, or other
proceeding, shall be returned by him to its rightful owner upon proper
demand therefor upon the termination of such criminal investigation,
action, appeal or other proceeding; and if such property be not claimed
by the owner within one year after the termination of such criminal
action, appeal, or other proceeding, it may be sold or otherwise
disposed of in such manner as such district attorney may deem proper,
and if the property is sold the proceeds of such sale shall be paid into
the fund of the New York city employees' retirement system.
County detectives in counties within city of New York. 1. In
such counties included within the city of New York now having such
detectives, there shall continue to be appointed for such counties, two
detectives who shall serve during good behavior and who shall each
receive as compensation a sum in such amount as may be fixed by the
board of estimate of such city, but not less than two thousand dollars
per annum, payable monthly. Such salaries shall be a county charge of
the respective counties and shall be paid in the same manner as the
salaries of the other officers attached to the county court, and their
names shall be placed upon the payroll of such county court.
2. Notwithstanding any of the provisions of this section or of any
other law, the number of county detectives in Bronx county or the
salaries of any county detectives appointed in the counties of Bronx and
Kings may, with the consent of the district attorney, be increased or
decreased by the board of estimate of the city of New York.
County detective in counties of Bronx and Kings, County
detectives are hereby empowered, under the direction of the district
attorney by whom appointed, to preserve order, to examine all papers and
processes issued from such offices, to serve all papers and processes
issued from such office, to examine all bench warrants and orders of
arrest in criminal cases, and to perform such other duties as may from
time to time be required of them by such district attorney. Such
officers may be authorized to act as deputy sheriffs by the sheriff of
the city of New York to assist in preserving the peace. Such officers
shall hold office during the pleasure of the district attorney.
Medical assistants in counties of New York and Kings. The
district attorneys of the county of New York and of the county of Kings
are each authorized and empowered to appoint and at pleasure to remove a
medical assistant, who shall be a physician and surgeon, resident of the
county in which he is appointed, and who shall have been for at least
ten years duly licensed to practice medicine in this state. It shall be
the duty of such medical assistant, under the supervision and direction
of the district attorney, to examine into and report on all cases of
suspicious, sudden and unusual death and wounding within the county, and
to perform such duties as the district attorney may direct in connection
with the official duties of such district attorney in the enforcement
and administration of the criminal laws. Such medical assistant shall
have the power and authority, whenever so directed by the district
attorney, to dissect, perform an autopsy upon, or attend an autopsy upon
any dead body of a human being. The salaries of the medical assistants
of the county of New York and of the county of Kings shall be fixed and
determined by the district attorney of New York county and the board of
estimate, respectively, and shall be county charges.
Commissioner of finance as trustee of cemetery lots. The
commissioner of finance of the city of New York shall perform the duties
as a trustee of cemetery lots in the same manner as imposed on county
treasurers by the provisions of this chapter.
Food and lodging for certain jurors. When so ordered by the
court in a county wholly included within the city of New York, the court
shall provide food and lodging for jurors kept together pending a trial
and their deliberation thereon anywhere in the city of which such county
is a part, and the cost thereof, not exceeding twelve dollars per day
per juror, shall be a county charge.
Liability for torts. The provisions of sections fifty-two,
fifty-three and fifty-four of this chapter shall apply to the counties
constituting the city of New York.
Duty to furnish facilities for courts of record. Except where
other provision is made therefor by law, the board of estimate of the
city of New York must provide each court of record in such city and the
resident judges and justices thereof, with proper and convenient rooms
and furniture, together with court attendants, fuel, lights, telephone,
postage and stationery suitable and sufficient for the transaction of
its business.
Representation of indigent persons accused of crime. The
provisions of sections two hundred twenty-four, seven hundred sixteen,
seven hundred seventeen, seven hundred eighteen, seven hundred nineteen,
seven hundred twenty and seven hundred twenty-one of this chapter shall
apply to the city of New York.
ARTICLE 25 Interpretation of Chapter; Saving Clause; Laws Repealed; Time of Taking Effect
Interpretation of chapter. 1. The provisions of this chapter
shall be liberally construed to effectuate the purposes hereof, and the
enumeration of specific powers in this chapter shall not operate to
detract from the meaning of any general grant of power contained in this
chapter or to exclude other powers comprehended in such general grant of
power.
2. The provisions of this chapter in so far as they are substantially
the same as the existing law on December thirty-first, nineteen hundred
fifty, shall be construed as a continuation of the provisions of the
former county law and not as new enactments.
3. If any clause, sentence, paragraph, section or part of this chapter
shall be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraph, section, or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
Saving clause. 1. Any act of the legislature of the year
nineteen hundred fifty which, in form, amends or repeals or purports to
amend or repeal any provision or provisions of the former county law
shall be legally effective notwithstanding the repeal of such former
county law by this chapter and shall be construed as an amendment or
repeal, as the case may be, of the corresponding provision or provisions
of this chapter irrespective of whether such provision or provisions are
contained in this chapter in one or more than one article, section,
subdivision or other part thereof and such corresponding provision or
provisions shall be deemed and construed to be amended, modified,
changed or repealed as though the same had been expressly and in terms
so amended or repealed.
2. Any act of the legislature of the year nineteen hundred fifty which
adds or purports to add a new article, section, subdivision or other
provision of law to the former county law shall be legally effective
notwithstanding the repeal of such former county law by this chapter and
shall be construed as having been added to this chapter and shall be
given full effect according to its context as if the same had been added
expressly and in terms to this chapter and shall be deemed and construed
to have been inserted in this chapter in juxtaposition to and as
modifying the effect of the corresponding provision or provisions of
this chapter.
3. Nothing herein shall be deemed to affect, impair or supersede the
provisions of any alternative form of county government, administrative
code, county government law, civil divisions act or optional form of
county government law, or any local law heretofore or hereafter adopted
pursuant to any such optional or alternative form of county government,
unless a contrary intent is expressly provided in this chapter.
4. Nothing herein shall be deemed to affect, impair or supersede any
special law creating the office of county comptroller, county purchasing
agent, county engineer or county officer performing the duties of
coroner.
5. Nothing herein shall be deemed to affect, impair or supersede any
special act of the legislature relating to the preparation of assessment
rolls, extension and collection of taxes, lien of tax and foreclosure or
other disposition thereof.
6. Nothing herein shall be deemed to affect, impair or supersede the
provisions of any special act of the legislature creating a board of
social welfare or public health and defining their powers and duties.
7. Nothing herein shall be deemed to affect, impair or supersede the
provisions of any special act of the legislature relating to the
establishment, erection, custody and control of penitentiaries, parks,
cemeteries, airports and other grounds and buildings used for county
uses and purposes.
8. Nothing herein shall be deemed to affect, impair or supersede the
provisions of any special act of the legislature creating a commission
to make studies and recommendations relating to the adoption of an
alternative form of county government.
9. Nothing herein shall be deemed to affect, impair or supersede the
provisions of the civil service law nor the civil service and retirement
rights of any officer or employee.
10. This chapter shall not affect pending actions or proceedings,
civil or criminal, but the same may be prosecuted or defended in the
same manner and with the same effect as though this chapter had not been
passed.
11. The repeal of any law by the provisions of this chapter shall not
affect or impair any contract, or act done, or offense committed, or
right accruing, accrued or acquired, or liability, or penalty, or
forfeiture, or punishment incurred prior to the time when this chapter
or any section thereof takes effect, but the same may be enjoyed,
asserted, enforced, prosecuted, or inflicted, as fully and to the same
extent, as if such laws had not been repealed.
12. Nothing herein shall be deemed to affect the validity of
proceedings taken for the authorization or construction of any public
improvements authorized, undertaken, or commenced under the provisions
of laws hereby repealed; and such improvements may be completed the same
as if this act had not been passed, or such proceedings may be concluded
and the improvements completed under the provisions of this chapter.
13. Any existing law, other than a provision of the former county law
hereby repealed, which confers a power or imposes a duty or obligation
on a particular county or group of counties, or an officer or officers
thereof, or which provides for the election or appointment of additional
officers, shall not be affected or impaired by this chapter.
14. Article 2-a of the former county law, comprising sections 7-a to
7-u, both inclusive, as amended, in so far as the provisions of such
article apply to and are now in force in the county of Monroe, shall be
deemed to continue in effect until consolidated and recodified or
otherwise modified, amended, superseded or repealed by other provision
of law.
15. Article seventeen-a of the former county law, comprising sections
three hundred ten to three hundred fifty-six, inclusive, and article
eighteen of such law, comprising sections three hundred seventy to four
hundred twenty-two, inclusive, shall be deemed to continue in effect
until consolidated and recodified or otherwise modified, amended,
superseded or repealed by other provisions of law.
NOTE: Schedule of special acts, see chapter 3/1951.
Laws repealed. 1. Chapter sixteen of the laws of nineteen
hundred nine, entitled "An act in relation to counties constituting
chapter eleven of the consolidated laws," and all acts amendatory
thereof or supplemental thereto, constituting the county law as
heretofore in force, are hereby repealed, except as otherwise herein
provided.
2. Of the laws enumerated in the schedule hereto annexed, that portion
specified in the last column is hereby repealed.
Time of taking effect. 1. The provisions of sections three
hundred fifty, three hundred fifty-one, three hundred fifty-two, three
hundred fifty-three, three hundred fifty-four, three hundred fifty-five,
three hundred fifty-six, three hundred fifty-seven, three hundred
fifty-eight, three hundred fifty-nine, three hundred sixty, three
hundred sixty-one, three hundred sixty-five, three hundred sixty-seven,
three hundred sixty-nine, three hundred seventy-one, three hundred
seventy-two, three hundred seventy-three, three hundred seventy-four,
three hundred seventy-five, three hundred seventy-six, three hundred
eighty and three hundred eighty-one shall take effect July first,
nineteen hundred fifty.
2. All other provisions of this chapter shall take effect January
first, nineteen hundred fifty-one.