§ 101-b. Application by municipal corporations for the suspension of\ncertain rules.\n 1. Definitions. As used in this section,\n a. "Agency" means any state board, bureau, commission, department,\ndivision or officer authorized by law to adopt rules.\n b. "Rule" means the whole or part of each agency statement of general\napplicability or regulation or code that implements or applies law,\nincluding the amendment, suspension or repeal thereof.\n c. "Municipal corporation" means a county outside the city of New\nYork, a city, a town, a village or a school district.\n d. "Governing body" means:\n (1) In a county, a board of supervisors, county legislature or other\nbody vested by its charter, other law or other valid enactment with\njurisdiction to enact local laws;\n (2) In a city
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§ 101-b. Application by municipal corporations for the suspension of\ncertain rules.\n 1. Definitions. As used in this section,\n a. "Agency" means any state board, bureau, commission, department,\ndivision or officer authorized by law to adopt rules.\n b. "Rule" means the whole or part of each agency statement of general\napplicability or regulation or code that implements or applies law,\nincluding the amendment, suspension or repeal thereof.\n c. "Municipal corporation" means a county outside the city of New\nYork, a city, a town, a village or a school district.\n d. "Governing body" means:\n (1) In a county, a board of supervisors, county legislature or other\nbody vested by its charter, other law or other valid enactment with\njurisdiction to enact local laws;\n (2) In a city, the board of aldermen, a common council, commission or\nother body vested by its charter or other law with jurisdiction to enact\nordinances or local laws;\n (3) In a town, the town board;\n (4) In a village, the board of trustees; and\n (5) In a school district, the board of education, board of trustees or\nsole trustee.\n 2. A municipal corporation may, by resolution adopted by its governing\nbody, apply to the agency which has adopted a rule for the mandatory\nsuspension of such rule for the balance of the municipal corporation's\ncurrent fiscal year, provided the rule was filed in the office of the\nsecretary of state after the commencement of the municipal corporation's\ncurrent fiscal year.\n 3. Upon the receipt of such an application, the agency which adopted\nthe rule shall forthwith by order suspend its applicability to the\npetitioning municipal corporation for the balance of such corporation's\ncurrent fiscal year, unless the agency determines by order, within\nthirty days of receipt of such application, that the immediate\nimplementation of the rule is necessary for public health, safety or\nwelfare, or that its postponement would be contrary to express provision\nof law. A copy of any order issued pursuant to this section shall be\nsent to the temporary president of the senate, the speaker of the\nassembly and the administrative regulations review commission.\n 4. This section shall not relieve a municipal corporation from\ncomplying with a rule until such time that the agency which has adopted\nthe rule shall issue an order pursuant to this section suspending its\napplicability to such corporation.\n