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 Apr. 27, 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‑C
Major renewable energy development program 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 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
Green check means up to date. Up to date

Accessed:
Apr. 27, 2024

Last modified:
Sep. 22, 2014

§ 101-B’s source at nysenate​.gov

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