N.Y. Executive Law Section 101-B
Application by municipal corporations for the suspension of certain rules


1.

Definitions. As used in this section, a. “Agency” means any state board, bureau, commission, department, division or officer authorized by law to adopt rules.

b.

“Rule” means the whole or part of each agency statement of general applicability or regulation or code that implements or applies law, including the amendment, suspension or repeal thereof.

c.

“Municipal corporation” means a county outside the city of New York, a city, a town, a village or a school district.

d.

“Governing body” means:

(1)

In a county, a board of supervisors, county legislature or other body vested by its charter, other law or other valid enactment with jurisdiction to enact local laws;

(2)

In a city, the board of aldermen, a common council, commission or other body vested by its charter or other law with jurisdiction to enact ordinances or local laws;

(3)

In a town, the town board;

(4)

In a village, the board of trustees; and

(5)

In a school district, the board of education, board of trustees or sole trustee.

2.

A municipal corporation may, by resolution adopted by its governing body, apply to the agency which has adopted a rule for the mandatory suspension of such rule for the balance of the municipal corporation’s current fiscal year, provided the rule was filed in the office of the secretary of state after the commencement of the municipal corporation’s current fiscal year.

3.

Upon the receipt of such an application, the agency which adopted the rule shall forthwith by order suspend its applicability to the petitioning municipal corporation for the balance of such corporation’s current fiscal year, unless the agency determines by order, within thirty days of receipt of such application, that the immediate implementation of the rule is necessary for public health, safety or welfare, or that its postponement would be contrary to express provision of law. A copy of any order issued pursuant to this section shall be sent to the temporary president of the senate, the speaker of the assembly and the administrative regulations review commission.

4.

This section shall not relieve a municipal corporation from complying with a rule until such time that the agency which has adopted the rule shall issue an order pursuant to this section suspending its applicability to such corporation.

Source: Section 101-B — Application by municipal corporations for the suspension of certain rules, https://www.­nysenate.­gov/legislation/laws/EXC/101-B (updated Sep. 22, 2014; accessed Oct. 26, 2024).

90
Department of state
91
Rules
92
Deputies
93
Custody of records
93‑A
Examination of reports
94
Commission on ethics and lobbying in government
94‑A
Consumer protection division
94‑B
Office for new Americans
94‑D
New York Asian American and Pacific Islander commission
95
Legislative manual
96
Fees and refunds
96‑A
Fees for services rendered pursuant to the uniform commercial code
97
Completing unfinished papers
97‑A
Affirmation in lieu of oath
98
Copies of amendments to rules for admission of attorneys
99
Central state registry of security guards
100
Central state registry of armored car guards
100‑A
Information on state agencies pertaining to persons subjected to section seventy-three-a of the public officers law and who hold policy-m...
100‑B
Business entity database
101
Accessibility, rules and regulations
101‑A
Legislative notification of the proposed adoption, amendment, suspension or repeal of agency rules
101‑B
Application by municipal corporations for the suspension of certain rules
102
Filing and publication of codes, rules and regulations
103
Future editions and supplements of official compilations
104
Departmental cooperation
104‑A
Departmental cooperation regarding water quality
105
Changes in codes, rules or regulations
106
Proof of codes, rules and regulations
106‑A
Internet access to the New York code, rules and regulations
107
Intergovernmental agreements
108
Address confidentiality program
109
Registration of certain service providers
110
Administration of certain monies
130
Appointment of notaries public
131
Procedure of appointment
132
Certificates of official character of notaries public
133
Certification of notarial signatures
134
Signature and seal of county clerk
135
Powers and duties
135‑A
Notary public or commissioner of deeds
135‑B
Advertising by notaries public
135‑C
Electronic notarization
136
Notarial fees
137
Statement as to authority of notaries public
138
Powers of notaries public or other officers who are stockholders, directors, officers or employees of a corporation
139
Commissioners of deeds within the state
140
Commissioners of deeds in the city of New York
141
Commissioners of deeds in other states, territories and foreign countries
142
Powers of such commissioners
142‑A
Validity of acts of notaries public and commissioners of deeds notwithstanding certain defects
143
Fees of such commissioners
144
Saving clause
144‑A
Eligible professions for the purchase, sale, and use of body armor

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 101-B’s source at nysenate​.gov

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