NY-CNT County Law NY

Contents

ARTICLE 1 Short Title; Application; Definitions

§ 1 — Short title

Section 1. Short title. This chapter shall be known as the "County

Law".

§ 2 — Application of chapter

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.

§ 3 — Definition of a county

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

§ 50 — When county divided or boundaries altered

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.

§ 51 — Actions by or against a county

Actions by or against a county. Actions or proceedings by or

against a county shall be in the name of the county.

§ 52 — Presentation of claims for torts; commencement of actions

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.

§ 53 — Liability of county for torts

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.

§ 54 — Personal liability of heads of agencies

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.

§ 55 — County websites

County websites. Any county which maintains a website shall use

a ".gov" domain name for such website.

ARTICLE 3 Referendum

§ 100 — Mandatory 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.

§ 101 — Permissive referendum

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.

§ 102 — Procedure on mandatory and permissive referendum

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.

§ 103 — Repeal of resolution by board

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.

§ 104 — Submission of proposition or question

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.

§ 105 — Law applicable to conduct of elections at which ballot questions are submitted to all the voters of a county

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

§ 150 — Board of supervisors constituted

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.

§ 150-a — County legislative body, other than board of supervisors

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.

§ 151 — Organization of board

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.

§ 152 — Meetings of the board

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.

§ 153 — Rules of procedure

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.

§ 154 — Committees

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

§ 200 — Compensation 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.

§ 201 — Compensation of officers

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.

§ 202 — Publication of compensation and expenses of supervisors in certain counties

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.

§ 203 — Expenses incurred in the performance of official duty

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.

§ 204 — Positions of employment

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.

§ 205 — Compensation of employees

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.

§ 205-a — Certain pilot projects

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.

§ 206 — Hours of work and office hours

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.

§ 206-a — Business in county offices on holidays and Saturdays

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.

§ 207 — Vacations; sick leaves; leaves of absence

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.

§ 208 — Books and records

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.

§ 209 — Investigations

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.

§ 210 — Examination and post audit

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.

§ 211 — Printed and electronically recorded proceedings of the board

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.

§ 212 — Designation of depositaries

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.

§ 214 — Designation of newspapers; official publications

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.

§ 215 — County property; general provisions

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.

§ 216 — Location of county offices

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.

§ 217 — County jail

County jail. Each county shall continue to maintain a county

jail as prescribed by law.

§ 217-a — Qualification for employment as a county correction officer

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.

§ 218 — Courthouses and judicial expenditures

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.

§ 218-a — County detention facilities for juvenile delinquents and persons in need of supervision

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.

§ 218-b — Prisoner furlough program in county jails and penitentiaries

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.

§ 219 — Reforested lands

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.

§ 220 — County planning board

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.

§ 220-a — Water quality management agency

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.

§ 221 — County park commission

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.

§ 222 — Cemeteries

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.

§ 223 — Flood control and soil conservation

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.

§ 223-a — The board of supervisors of any county may appropriate such sums as it may deem proper, not exceeding three thousand dollars in any one y...

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.

§ 223-b — EMS training and mutual aid programs

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.

§ 224 — Optional appropriations and contracts for public benefit services

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.

§ 224-a — Elimination of noxious weeds

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.

§ 224-b — Cooperative extension area and statewide program specialist

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.

§ 225 — Optional appropriations for public benefit services administered by the board

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.

§ 225-a — Fire training and mutual aid programs

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.

§ 225-b — Contracts for visiting nursing services

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.

§ 226 — Monuments and memorials

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.

§ 226-a — Patriotic observances

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.

§ 226-b — Solid waste management; resource recovery

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

* § 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

§ 226-d — Waiver of fees for veterans' organizations

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.

§ 226-e — Waiver of fees for veterans' organizations

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.

§ 227 — Legalizing acts

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.

§ 228 — Disputed town boundaries

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.

§ 229 — Erection and dissolution of towns

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.

§ 231 — Expenses of police officer or peace officer injured in line of duty

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.

§ 232 — County officers' and county executives' associations

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.

§ 233 — Procedure on tax limit increase

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.

§ 233-a — Amounts to be included or excluded in computing constitutional taxing power

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

* § 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

§ 234 — Additional powers granted under other laws

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.

§ 234-a — Service of notice in relation to constitutionality of local law, ordinance, rule or regulation of a county

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.

§ 235 — The board of supervisors by resolution may appoint a committee of citizens of the county to act in an advisory capacity to any committee,...

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.

§ 236 — County plumbing licensing

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.

§ 236-a — County master electrician licensing

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.

§ 236-b — County electrical inspector licensing

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.

§ 237 — Alcoholic beverage control

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

§ 250 — Purpose

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.

§ 251 — County agency

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.

§ 252 — Powers of county agency

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.

§ 253 — Preparation of maps and plans

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.

§ 253-a — Provision for excess sewer, drainage or water facilities

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.

§ 253-b — Amendment or modification of plans

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.

§ 254 — Public hearing; cost to typical property

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.

§ 255 — Representation by municipalities and district

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.

§ 256 — Establishment of a county district

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.

§ 256-a — Consolidation of Suffolk county sewer district number two Holbrook and Suffolk county sewer district number four - Birchwood North Shore

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

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.

§ 257 — Permissive referendum

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.

§ 258 — Application to the department of audit and control

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.

§ 259 — Recording and filing of determination

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.

§ 260 — Review

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.

§ 261 — Administration of the county district

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.

§ 262 — Performance of the work

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.

§ 263 — Powers

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.

§ 263-a — Powers with respect to lake protection and rehabilitation

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.

§ 264 — Rules and regulations

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.

§ 265 — Contracts

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.

§ 266 — Water rates, water quality treatment, sewage, wastewater disposal and refuse collection charges and revenues

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.

§ 267 — Expense of the improvement

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.

§ 268 — Increase and improvement of facilities

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.

§ 269 — Increase of maximum amount to be expended

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.

§ 270 — Assessment of the cost

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.

§ 271 — Alternative method of assessment

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.

§ 272 — Taxation of district property

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.

§ 273 — Contracts with public authorities for county water districts

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.

§ 274 — Extension of the district

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.

§ 274-a — Consolidation of county districts by board of supervisors

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.

§ 274-b — Consolidation of the district and its extensions

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.

§ 275 — Sale of water district facilities

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.

§ 276 — Jurisdiction of other state agencies

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.

§ 277 — Establishment of certain county sewer districts in Suffolk county

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.

§ 277-a — 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...

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.

§ 278 — Definitions

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.

§ 279 — Operation of certain collection and disposal facilities in Suffolk county

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.

§ 279-a — Acquisition of real property for future districts in Suffolk county

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.

§ 279-b — Agreements of county district; certain cases

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.

§ 279-c — Certain agreements of a county sewer district in Orange county

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.

§ 279-d — Water districts in the county of Westchester

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

§ 280 — Declaration of policy and purposes

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.

§ 280-a — Definitions

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.

§ 280-b — County agency

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.

§ 280-c — Powers of county agency

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.

§ 280-d — Preparation of maps and plans

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.

§ 280-e — Public hearing

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.

§ 280-f — Representation by municipalities and district

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.

§ 280-g — Establishment of a county district

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.

§ 280-h — Permissive referendum

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.

§ 280-i — Application to the department of audit and control

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.

§ 280-j — Recording and filing of determination

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.

§ 280-k — Review

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.

§ 280-l — Administration of the county district

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.

§ 280-m — Performance of the work

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.

§ 280-n — Powers

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.

§ 280-o — Rules and regulations

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.

§ 280-p — Contracts

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.

§ 280-q — Revenues

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.

§ 280-r — Expense of the improvement

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.

§ 280-s — Increase and improvement of facilities

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.

§ 280-t — Increase of maximum amount to be expended

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.

§ 280-u — Assessment of the cost

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.

§ 280-v — Alternative method of assessment

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.

§ 280-w — Taxation of district property

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.

§ 280-x — Contracts with public authorities for county hurricane protection, flood and shoreline erosion control districts

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.

§ 280-y — Extension of the district

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.

§ 280-z — Jurisdiction of other state agencies

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.

§ 280-aa — Claims

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

§ 299-l — Declaration of policy and purposes

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.

§ 299-m — County small watershed protection districts

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.

§ 299-n — County small watershed agency and processing of applications

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.

§ 299-o — Establishment of a county small watershed protection district

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.

§ 299-p — Administration of the watershed district; powers; limitations

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.

§ 299-q — Expense of the improvement

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.

§ 299-r — Increase of maximum amount to be expended

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.

§ 299-s — Assessment of the cost

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.

§ 299-t — Extension of the district

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.

§ 299-u — Joint construction and operation of projects

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.

§ 299-v — Jurisdiction of state agencies not affected

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.

§ 299-w — Federal assistance

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.

§ 299-x — State aid

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.

§ 299-y — Certain powers of board of supervisors and soil conservation districts not affected

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

§ 300 — Legislative findings and declaration of intent

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.

§ 301 — Definitions

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.

§ 302 — Application of article

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.

§ 303 — Establishment of surcharge for system costs

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.

§ 304 — Application; limitations; exemptions

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.

§ 305 — Collection of surcharge

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.

§ 306 — Liability for surcharge

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.

§ 307 — System revenues; adjustment of surcharge

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.

§ 308 — Miscellaneous provisions

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

§ 325 — Definitions

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.

§ 326 — New York state interoperable and emergency communication board

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.

§ 327 — New York state interoperable and emergency communication board membership

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.

§ 328 — Powers and duties of the board

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.

§ 328-b — Powers and duties of the chairperson

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.

§ 329 — Certification of compliance with board standards

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.

§ 330 — Routing of wireless 911 service calls

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

* § 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

* § 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

§ 333 — Expedited deployment funding of local public safety answering points

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

* § 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

* § 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

* § 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

* § 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

* § 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

§ 350 — Application of article

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.

§ 351 — Definitions

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.

§ 352 — Fiscal year

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.

§ 353 — Submission of estimates

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.

§ 354 — Preparation and filing of tentative budget

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.

§ 355 — Contents of tentative budget

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.

§ 356 — Appropriation resolution

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.

§ 357 — Review of tentative budget

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.

§ 358 — Revision of tentative budget

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.

§ 359 — Public hearing; distribution of tentative budget

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.

§ 360 — Adoption of budget; appropriation resolution; tax

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.

§ 361 — Failure to make appropriations

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.

§ 361-a — Expenses of boards of elections outside New York City; apportionment of

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.

§ 362 — General budgetary controls

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.

§ 363 — Supplemental appropriations

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.

§ 364 — Unencumbered balances

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.

§ 365 — Contingent funds

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.

§ 366 — Unanticipated revenues; unappropriated cash surplus

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.

§ 368 — Lapse of appropriations

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.

§ 369 — Audit and payment of claims

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.

§ 370 — Statements of financial condition

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.

§ 371 — Petty cash funds

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.

§ 372 — Tax and revenue anticipation 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.

§ 373 — Capital program

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.

§ 374 — Budget message

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.

§ 375 — Allotments of appropriations

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.

§ 376 — Local laws; resolutions

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.

§ 377 — Use of mechanical checksigner

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.

§ 378 — Publishing county audits

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.

§ 379 — Extension of fiscal year

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.

§ 380 — Financing transition period

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.

§ 381 — The legislative body of a county may, for the convenience of the county, designate certain named county officers and employees to apply f...

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

§ 385 — Establishment of 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.

§ 386 — Board of managers; appointment; terms; expenses

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.

§ 387 — Board of managers; general powers and duties

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.

§ 388 — Superintendent; general powers and duties

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.

§ 389 — Chaplains in Rensselaer county

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.

§ 390 — Admission of county patients

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.

§ 391 — Admission of out of county patients

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.

§ 391-a — Notwithstanding any inconsistent provisions of this article, or of any other general, special or local law, a county tuberculosis hospita...

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.

§ 392 — Visitation and inspection

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.

§ 393 — Hospital located at county home

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.

§ 394 — Discontinuance of hospital or county chest clinic services; procedure

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.

§ 395 — Applications to state commissioner of health

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

§ 396-a — 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.

§ 396-b — Powers of local legislative body

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.

§ 396-c — Head of clinic; powers and duties

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.

§ 396-d — Medical assistance

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.

§ 396-e — Supervision of clinic

Supervision of clinic. All clinics established as provided in

this article shall be subject to the supervision of the state department

of health.

§ 396-f — Reimbursement

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

§ 396-g — Creation; board; employees

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.

§ 396-h — Powers of the authority

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;

§ 396-i — Reports of the authority

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.

§ 396-j — Acquisition of real property; financing of expenditures

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

§ 400 — Officers; manner of selection; term; vacancies

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.

§ 401 — Deputies

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.

§ 402 — Oath of office

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.

§ 403 — Official undertakings

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.

§ 404 — Official seals

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.

§ 405 — Procedure when new officer assumes duties of office

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.

§ 406 — Reports of officers

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.

§ 407 — Accounts of fees

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.

§ 408 — Supplies and equipment

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.

§ 408-a — Advertising for bids; letting of contracts

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

§ 409 — Actions and proceedings in official capacity

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.

§ 410 — Cost of removal proceedings before the governor

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.

§ 411 — Holding more than one elective office

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

§ 450 — Chairman of the board; powers and duties

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

§ 475 — Clerk of the board; term; duties

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

§ 500 — County attorney; term

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.

§ 501 — Duties

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.

§ 502 — Assistant county attorneys

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

§ 525 — County clerk; duties

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.

§ 526 — Deputy county clerk

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.

§ 527 — Special court clerks

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.

§ 528 — Photo recording

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.

§ 529 — Consolidated lien index

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.

§ 530 — Court and trust fund register

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.

§ 532 — Retention and destruction of certain recorded instruments

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.

§ 533 — Liability of county for negligence of county clerk and employees of county clerk's office

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.

§ 534 — County clerk; appointment of notaries public

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

§ 550 — County treasurer; duties

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.

§ 551 — Court and trust funds

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.

§ 552 — Liability of county for loss of court and trust funds

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.

§ 553 — Trustee of cemetery lots

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

§ 575 — County comptroller; term; vacancy

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.

§ 576 — Deputy county comptroller

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.

§ 577 — Powers and duties

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

§ 600 — County auditor; term; duties

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

§ 625 — County purchasing agent; terms; duties

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.

§ 626 — Purchasing of products for county use

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

§ 650 — General duties of 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.

§ 651 — Appointment of person to act as sheriff in certain cases

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.

§ 652 — Undersheriff and staff of sheriff

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.

§ 652-a — Appointment and promotion of deputy sheriffs

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.

§ 653 — Part time 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.

§ 654 — Deputizing local police officers or peace officers

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.

§ 655 — Emergency special deputies

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.

§ 656 — Emergency equipment and apparatus

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.

§ 657 — Emergency fund

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.

§ 657-a — Fund for expenses of sheriff in transporting prisoners

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.

§ 658 — Verification of informations

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.

§ 659 — Jail records

Jail records. The sheriff shall cause such records to be kept

at the jail as may be required by law.

§ 660 — Services on behalf of the state

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.

§ 661 — When sheriff party to an action or proceeding

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.

§ 662 — Appointment of private college campus security officers at independent non-profit colleges

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

§ 670 — Application of article

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.

§ 671 — General duties of coroner, or coroner and coroner's physician, or medical examiner; additional duties may be directed

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.

§ 672 — Mutual aid agreements for coroners' services

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.

§ 673 — Deaths concerning which a coroner, coroner and coroner's physician or medical examiner has jurisdiction to investigate

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.

§ 674 — Manner of investigation

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.

§ 674-a — Manner of investigation when decedent is a donor of an anatomical gift

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.

§ 675 — Advice, consultation, assistance, examinations, analyses and reports

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.

§ 676 — Employment of stenographer

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.

§ 677 — Records; reports

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.

§ 678 — Disposition of money or property found on deceased

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

* § 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

§ 700 — District attorney; powers and duties

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.

§ 701 — Special 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.

§ 702 — Assistant district attorneys

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.

§ 702-a — Appointment of special assistant district attorneys during a period of civil disorder

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.

§ 703 — Employment of counsel

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.

§ 703-a — Employment of stenographer

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.

§ 705 — Prosecution fund

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.

§ 706 — Cost and expense of removed criminal trials

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.

§ 707 — Payments of expert fees in criminal cases in which the death penalty may be imposed

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

§ 716 — Public defender; appointment; term; other employees

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.

§ 717 — Public defender; duties

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.

§ 718 — Appointment of other counsel

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.

§ 719 — Expenses

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.

§ 720 — Annual report

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.

§ 721 — Separability

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

§ 722 — Plan for representation

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.

§ 722-a — Definition of crime

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.

§ 722-b — Compensation and reimbursement for representation

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.

§ 722-c — Services other than counsel

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.

§ 722-d — Duration of assignment

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.

§ 722-e — Expenses

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.

§ 722-f — Annual reports

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

§ 725 — County superintendent of highways; duties

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

§ 750 — County commissioner of public welfare; duties

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

§ 775 — Director of weights and measures; duties

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

§ 800 — County service officer; term; duties

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

§ 825 — District attorneys in 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.

§ 826 — Regional markets

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.

§ 827 — Enforcement of environmental conservation law in certain counties

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.

§ 828 — Highway construction by local assessment in certain counties

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.

§ 829 — Teachers' training in certain counties

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.

§ 830 — Expenses of district superintendents of schools in certain counties

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.

§ 831 — Soldier burial plots in Dutchess county

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.

§ 832 — Burial contracts in Erie county

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.

§ 833 — Rifle range in Erie county

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.

§ 834 — Social welfare appropriations in Essex county

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.

§ 834-a — Advance payment of portion of welfare charges to hospitals and day care centers

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.

§ 835 — Jefferson county hospital for contagious diseases

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.

§ 836 — Soldier burial plots in Niagara county

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.

§ 837 — Niagara frontier bridge

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.

§ 838 — Traffic signals in Onondaga 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.

§ 839 — Deputy comptroller in Oneida county

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.

§ 840 — Memorial day in Nassau and Suffolk counties

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.

§ 841 — Aviation fields in Nassau county

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.

§ 842 — Harbor improvements in Suffolk 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.

§ 843 — Advancing school taxes in Suffolk county

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.

§ 844 — Hurricane or storm damage in Suffolk county

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.

§ 845 — Lake George fish screens in Warren county

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.

§ 849 — Appropriations for conservation purposes in Washington county

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.

§ 850 — State office buildings and other public improvements in certain counties

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.

§ 852 — Loans of money or credit to hospitals or health related facilities in Suffolk county

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

* § 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

* § 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

§ 900 — Devolution of powers and duties on the county of Bronx

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.

§ 901 — Office of the sheriff

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.

§ 902 — Certain office hours

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.

§ 903 — Official seals and signatures

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.

§ 904 — Court and trust fund register and liability of officers

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.

§ 905 — Liability of commissioner of finance and surety for loss of court and trust funds

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.

§ 906 — Liability of city of New York for 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.

§ 907 — Certain publications in county of Bronx

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.

§ 908 — Appointment and salary of county clerks

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.

§ 909 — Additional general duties of county clerks

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.

§ 910 — Official undertakings of county clerks

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.

§ 911 — Appointment and salaries of counsel to the county clerks

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.

§ 912 — Subordinate employees in offices of county clerks; salaries

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.

§ 913 — Official undertakings of subordinates in offices of county clerks

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.

§ 914 — Duties of deputy county clerks

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.

§ 915 — Fees of county clerks

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.

§ 916 — Accounts of money to be kept in offices of county clerks

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.

§ 917 — Transcripts of accounts in offices of county clerks; violations

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.

§ 918 — General provisions pertaining to records in offices of county clerks

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.

§ 919 — Block indices in offices of county clerks

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.

§ 919-a — Block indices in the office of the county clerk in the county of Richmond

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.

§ 920 — Alphabetical indices in offices of county clerks

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.

§ 921 — Current minute books and indices in office of county clerk of New York county

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.

§ 922 — Judgment docket in office of county clerk of New York county

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.

§ 923 — Current docket books and filing for Bronx county

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.

§ 924 — Photo recording

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.

§ 925 — Certificate of searching records and copies

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.

§ 926 — Election of district attorneys; term and vacancies

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.

§ 927 — General duties of district attorneys

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.

§ 928 — Salary of district attorneys

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.

§ 929 — Official undertaking of district attorneys

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.

§ 930 — Assistant district attorneys; salaries

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.

§ 931 — Employees of the district attorneys in counties contained within the city of New York

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.

§ 932 — Exemption of district attorneys from payment of certain fees

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.

§ 933 — Appropriations for extraordinary criminal actions

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.

§ 934 — Cost of removed criminal trials

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.

§ 935 — Disposition of property by district attorney of New York county

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.

§ 937 — County detectives in counties within city of New York

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.

§ 938 — County detective in counties of Bronx and Kings, County detectives are hereby empowered, under the direction of the district attorney by ...

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.

§ 939 — Medical assistants in counties of New York and Kings

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.

§ 940 — Commissioner of finance as trustee of cemetery lots

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.

§ 940-a — Food and lodging for certain jurors

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.

§ 941 — Liability for torts

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.

§ 942 — Duty to furnish facilities for courts of record

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.

§ 943 — Representation of indigent persons accused of crime

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

§ 1000 — Interpretation of chapter

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.

§ 1001 — Saving clause

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.

§ 1002 — Laws repealed

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.

§ 1003 — Time of taking effect

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.