(aa) The use of customer-owned tooling in a compression molding process.
(bb) Purchases of the material used in the construction of a building, or any addition or improvement thereon, for housing any legitimate business enterprise and machinery and equipment used in that enterprise.
(ii) Final application for the payment of any rebate of sales and use taxes granted pursuant to this Subsection shall be filed no later than six months after the Department of Economic Development signs a project completion report and sends it to the Department of Revenue, the political subdivision, and the business, or no later than thirty days after the end of the calendar year in the case of customer-owned tooling used in a compression molding process. The project completion report cannot be signed until the project is complete and the contract has been approved by the board and the governor. The amount to be rebated shall in no case be greater than the total of the actual amount of the sales and use taxes paid.
(iii) Sales and use taxes imposed by a political subdivision which are dedicated to the repayment of bonded indebtedness or dedicated to schools shall not be eligible for rebate. All other state and local sales and use taxes shall be eligible for rebate.
(aa) A properly completed rebate request shall be submitted to the Department of Revenue on forms provided by the Department of Revenue. For purposes of this Section, a properly completed rebate request shall mean a rebate request that includes the general information required on the face of the request, is signed and includes a copy of the executed incentive contract, a copy of each invoice over fifteen thousand dollars, and all required schedules. The request shall be submitted electronically unless the secretary of the Department of Revenue grants permission to submit the request in an alternate form.
(bb) Within sixty days of the receipt of a properly completed rebate request, the Department of Revenue shall rebate eighty percent of the amount claimed that is eligible for rebate at the time of the rebate request after taking into account the limitation provided for in Subparagraph (c) of this Paragraph. Within six months of the date of filing the rebate request, the Department of Revenue shall audit the rebate request. During the six-month period, the Department of Revenue shall disallow items determined to be ineligible for rebate. Within ten business days following the expiration of the six-month period, the Department of Revenue shall rebate the remaining twenty percent of the amount claimed that is eligible for rebate at the time of the rebate request after taking into account the limitation provided for in Subparagraph (c) of this Paragraph, less any amounts properly disallowed during the six-month audit period. The Department of Revenue shall make additional rebates of sales and use taxes from a rebate request after certification by the Department of Economic Development that additional net new jobs have been created. The Department of Revenue shall make such rebates from the current collections of the taxes collected pursuant to Chapter 2, Chapter 2-A, or Chapter 2-B of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, as amended. Any sales and use tax rebate issued pursuant to this Section shall be subject to subsequent audit by the Department of Revenue, and any rebate amount determined to be in excess of that which should have been allowed shall be subject to collection by the Department of Revenue.
(cc) Failure of the Department of Revenue to timely pay rebates as provided in this Item shall entitle the taxpayer to interest, which shall begin to accrue six months after the completed rebate request is received at the rate established pursuant to the provisions of R.S. 13:4202. Payments of interest authorized according to the provisions of this Section shall be made from the current collections of taxes collected pursuant to Chapter 2, Chapter 2-A, or Chapter 2-B of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, as amended.
(v) Requests for local sales and use tax rebates authorized pursuant to the provisions of this Section and R.S. 51:2456(B) shall be processed in accordance with the provisions of this Item. Within ninety days from the date that a properly completed rebate request submitted by a taxpayer is received by the appropriate local taxing authority, the taxing authority shall review the rebate request and issue a rebate check to the taxpayer for allowed items and shall notify the taxpayer of any disallowed items. For purposes of this Item, a properly completed rebate request shall mean a rebate request that includes the general information required on the face of the request, is signed, and includes a copy of each invoice and all required schedules. Within sixty days from receipt of the notification of disallowed items, the taxpayer shall resubmit a properly completed rebate request for disallowed items to the taxing authority for reconsideration. The time periods for reconsideration of disallowed items in a rebate request shall be the same as the time periods for consideration of the initial rebate request. Rebate requests may be submitted electronically with the approval of the local taxing authority. Failure by a local taxing authority to timely process and pay a local sales and use tax rebate in accordance with the provisions of this Item shall entitle the taxpayer to interest on the amount of the allowed items contained in the properly completed rebate request. Interest shall begin to accrue on the date the properly completed rebate request or reconsideration of disallowed items in a properly completed rebate request is received by the taxing authority at the rate established pursuant to the provisions of R.S. 13:4202.
(b) A refundable investment income tax credit equal to one and one-half percent of the amount of qualified expenditures. For purposes of this Paragraph, the term "qualified expenditures" shall mean amounts classified as capital expenditures for federal income tax purposes plus exclusions from capitalization provided for in Internal Revenue Code Section 263(a)(1)(A) through (L), minus the capitalized cost of land, capitalized leases of land, capitalized interest, capitalized costs of manufacturing machinery and equipment to the extent the capitalized manufacturing machinery and equipment costs are excluded from sales and use tax pursuant to R.S. 47:301(3), and the capitalized cost for the purchase of an existing building. When a taxpayer purchases an existing building and capital expenditures are used to rehabilitate the building, the costs of the rehabilitation only shall be considered qualified expenditures. Additionally, a taxpayer shall be allowed to increase their qualified expenditures to the extent a taxpayer's capitalized basis is properly reduced by claiming a federal credit. A taxpayer earns the investment tax credit in the year in which the project is placed in service, but the taxpayer may not claim the investment tax credit until the Department of Economic Development signs the project completion report or such other time as provided for by rule or regulation. The project completion report for the refundable investment tax credit shall adhere to the same requirements found in Subparagraph (a) for the sales and use tax rebate.
(c)(i) For projects for which the advance notification is filed on or after April 1, 2016, the amount of the rebate of sales and use taxes and the investment income tax credit granted pursuant to the provisions of this Paragraph shall not exceed one hundred thousand dollars per net new job created under this Chapter.
(ii) A business shall not receive any sales and use tax rebate or refundable investment income tax credit until it has provided all documentation, including filing the annual certification report as required by rule, and has shown proof of the creation of the net new jobs.
(iii) For purposes of determining the maximum rebate or income tax credit allowed, each net new job shall only be counted once. The limitation provided for in this Subparagraph shall only apply to the sales and use tax rebates and refundable investment income tax credits granted to businesses participating in the Enterprise Zone Program.
(2)(a) Except as provided in Subparagraph (b) of this Paragraph, for a two thousand five hundred dollar tax credit per net new employee as determined by the company's average annual employment reported under the Louisiana Employment Security Law during the taxable year for which credit is claimed. For projects for which the advance notification form is filed on or after April 1, 2016, the amount of the credit provided for in this Subparagraph shall be one thousand dollars per net new employee, unless either the net new employee for which the credit is claimed was receiving Supplemental Nutrition Assistance Program (SNAP), Women, Infants, and Children (WIC), Medicaid, unemployment benefits, or any other benefits from a similar public assistance program, as provided for in rule by the Department of Economic Development, during the six-month period prior to employment or the net new employee is hired by a participating business located in an enterprise zone. The amount of the credit for each net new employee meeting these qualifications shall be three thousand five hundred dollars. This tax credit may be applied to any state income tax liability or any state corporate franchise tax liability, but not liabilities for penalty or interest, due or outstanding at the time the credit is generated. However, credits may be applied to a due or outstanding tax liability attributable to tax years prior to the year in which the credit is generated only if the tax liability is the result of an assessment, administrative, or judicial proceeding by the Department of Revenue after an audit, provided that no further interest or penalty shall be accrued on such tax liability after the credit is generated. If the entire credit cannot be used in the year claimed, the remainder may be applied against the income tax or corporate franchise tax for the succeeding ten taxable years or until the entire credit is used, whichever occurs first. These credits shall also apply to those tax liabilities, but not liabilities for penalty or interest, identified in tax years where existing contracts generate the credit.
(b) In lieu of the tax credit provided in Subparagraph (a) of this Paragraph, for aviation or aerospace industries as defined in North American Industry Classification System (NAICS) Code 336411, 336412, 336413, and 332912, for a five thousand dollar tax credit for each new job created. This tax credit may be applied to any state income tax liability or any state franchise tax liability within a ten-year period from the date that the contract becomes effective or until the entire credit is used, whichever occurs first.
(c) Until June 30, 2009, in lieu of the tax credit provided in Subparagraph (a) of this Paragraph, for the motor vehicle parts manufacturing industry as defined in the 3363 NAICS Code Title, for a five thousand dollar tax credit for each new job created. This tax credit may be applied to any state income tax liability or any state franchise tax liability within a ten-year period from the date that the contract becomes effective or until the entire credit is used, whichever occurs first. As used in this Subparagraph, the term "NAICS" means the North American Industrial Classification System.
(d) Until June 30, 2012, in lieu of the tax credit provided in Subparagraph (a) of this Paragraph, for the rubber manufacturing industry as defined by NAICS Code 326211, a five thousand dollar tax credit for each new job created. This tax credit may be applied to any state income tax liability or any state franchise tax liability within a ten-year period from the date that the contract becomes effective or until the entire credit is used, whichever occurs first.
(a) For projects for which an advance notification was filed before April 1, 2016, only to a position within the state that did not previously exist in the business enterprise and that is filled by a person who is a citizen of the United States and who is domiciled in Louisiana, or who is a citizen of the United States and becomes domiciled in Louisiana within sixty days after his employment in such position, performing duties in connection with the operation of the business enterprise as a regular, full-time employee.
(b) For projects for which an advance notification was filed on or after April 1, 2016, only to a position within the state that is in excess of the median statewide number of employees of the business, including affiliates, that did not previously exist in the business enterprise prior to the contract effective date and that is filled by a person who is a citizen of the United States and who is domiciled in Louisiana, or who is a citizen of the United States and becomes domiciled in Louisiana within sixty days after his employment in such position, performing duties in connection with the operation of the business enterprise as a regular, full-time employee.
(c) The total number of credits allowed to a business enterprise for employees who are citizens of the United States and who become domiciled in Louisiana within sixty days after employment shall not exceed fifty percent of the total number of credits allowed to the business enterprise under the contract.
(1) The business and its contractors give preference and priority to Louisiana manufacturers and, in the absence of Louisiana manufacturers, to Louisiana suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operational efficiency.
(2)(a) The request for such a rebate of sales and use tax is accompanied by an endorsement resolution approved by the governing body of the appropriate municipality, parish, port district, industrial development board, or other political subdivision or the written approval of the office of sheriff in the case of a law enforcement district, in whose jurisdiction the establishment is to be located. The endorsement resolution or letter of approval is to be submitted by the governing body or sheriff's office within ninety days of receipt of notification that the department has received an advance notification to file an application for benefits under this Chapter. The department shall notify the appropriate local governing body or sheriff's office of receipt of the application by certified mail.
(b) If the governing body of the appropriate jurisdiction has not submitted an endorsement resolution, written reasons for denial, or a written request for delay of consideration of the application, the board may take unilateral action, for the rebate of sales and use taxes imposed by the state only, in approving or denying the request.
(c) If there are no local sales and use taxes that can be rebated, as in the event that all such taxes are dedicated, no endorsement resolution shall be required of a local governing authority before the board considers its application for benefits under this Chapter.
(aa) Any enterprise zone in Louisiana, for a business located in an urban enterprise zone or a business not located in either an enterprise zone or an economic development zone.
(bb) The same parish as the location of the business, or any enterprise zone in Louisiana, for a business located in a rural enterprise zone, an economic development zone, or an enterprise zone in Calcasieu Parish.
(ii) Were receiving some form of public assistance during the six-month period prior to employment.
(iii) Were considered unemployable by traditional standards, or lacking in basic skills.
NOTE: Subparagraph (b) as amended by Acts 2015, No. 126, §1, eff. through June 30, 2018. See Acts 2016, 1st E.S., No. 28.
(b) In addition to the requirements of Subparagraph (a) of this Paragraph, eligibility for a retail business which is assigned a North American Industry Classification Code of 44 or 45 and has more than one hundred employees nationwide including affiliates prior to the contract effective date shall be limited to grocery stores and pharmacies located in an enterprise zone, as such terms are defined by the department by rules promulgated in accordance with the Administrative Procedure Act. Notwithstanding any other provision of law to the contrary, a retail business which is assigned a North American Industry Classification Code of 44, 45, or 722 and whose contract is not entered into before July 1, 2015, shall be ineligible to receive benefits pursuant to the provisions of this Section, unless the related advance notification form was filed before July 1, 2015. If the related advance notification form was filed before July 1, 2015, benefits are available provided the related claim for benefits is filed on or after July 1, 2016.
(c) Notwithstanding any other provision of law to the contrary, a business that is assigned a North American Industry Classification Code of 5613 or 721, and whose advance notification is not filed before April 1, 2016, shall be ineligible to receive benefits pursuant to the provisions of this Section.
(d) The certifications required by Subparagraph (a) of this Paragraph shall be updated annually if the business is to continue receiving the benefits of this Chapter.
(iii) Prior to beginning use of customer-owned tooling used in a compression molding process.
(b) At any time subsequent to the deadlines established in Items (i), (ii), and (iii) of Subparagraph (a), if the board determines that the business was unable, due to good cause, to file the request within the time frame provided, the board may consider a late request, but the business shall have the burden to establish good cause.
(i) A minimum of the lesser of five net new permanent jobs to be in place within the first two years of the contract period, as determined by the company's average annual employment reported under the Louisiana Employment Security Law.
(ii) The number of net new jobs equal to a minimum of ten percent of the existing employees, minimum of one, within the first year of the contract period, as determined by the company's average annual employment reported under the Louisiana Employment Security Law.
(b) For purposes of Subparagraph (a) of this Paragraph, the methodology for determining a company's average annual employment shall be established by department rule.
(c) A business which has an estimated construction period for its building greater than two years may, for good cause shown, obtain an extension of not more than two years to comply with the requirements of Subparagraph (a) of this Paragraph.
(d) Provided the business entering the contract provided in Subsection A of this Section is a nonprofit organization organized to finance the development and construction of buildings and infrastructure to serve a public institution of higher education, the new permanent jobs required in Subparagraph (B)(5)(a) of this Section may be created by the public institution of higher education.
(e) The provisions of this Section shall be applicable to all contracts entered into under the provisions of Subsection A of this Section after January 1, 2002.
(6) For purposes of R.S. 51:2456(B), a business shall be deemed to meet the enterprise zone hiring requirements and all other limitations, procedures, and requirements of this Section if the business meets the requirements of R.S. 51:2455(E)(1).
(7) For purposes of R.S. 51:3121(C)(4), a business shall be deemed to meet the enterprise zone hiring requirements and all other limitations, procedures, and requirements of this Section if the business creates a minimum of five new jobs in accordance with the program contract.
(1) Advance notification for the development is filed with the department after June 30, 2011, and before January 1, 2012.
(2) Construction of the development begins no later than one hundred eighty days after the project beginning date stated on the advance notification.
(3) The development and the business applying for enterprise zone incentives meet all other requirements of the Enterprise Zone Program.
D. Repealed by Acts 2007, No. 400, §2, eff. July 10, 2007.
E. The department, in cooperation with the Louisiana Workforce Commission, may enter into agreements with employers located in either urban or rural enterprise zones or in economic development zones under which the employers may receive Workforce Innovation and Opportunity Act funds, to the extent that these funds are received from the federal government.
F. No governing authority of a political subdivision or sheriff's office shall charge any fee or require any employment practice that conflicts with state or federal law as a precondition to authorizing tax benefits under this Chapter. The governing authority of each political subdivision or sheriff's office shall, after all requirements of this Chapter have been met, promptly rebate any sales and use taxes to the entity entitled to such rebate.
G. The board, after consultation with the secretaries of the Department of Economic Development and the Department of Revenue, and with the approval of the governor, may enter into agreements with employers located in either urban or rural enterprise zones or in economic development zones under which employers may receive a two-year tax credit for a total of two thousand five hundred dollars for each FITAP participant who is employed full time for a period of not less than two years for compensation which will disqualify such person from continued participation in the FITAP program. This tax credit may be applied to any state income tax liability or any state franchise tax liability and shall be used for the taxable year in which the increase in average annual employment occurred. However, an employee shall be limited to two years participation under the program. No employer shall obtain a credit for more than ten employees in the first year of participation in the program authorized by this Section. Employers shall be eligible for tax credits under the program for ten years.
H. Repealed by Acts 2007, No. 400, §2, eff. July 10, 2007.
I. If the collecting agencies receive notice that the rebate or credit, or any part thereof, has ceased by reason of a violation of the terms of the contract under which it was granted, then the amount of the credit for the year in which the violation occurred and for each year thereafter in which the violation is not remedied shall be considered a tax due as of December thirty-first of the year in which the violation occurred, and for each year thereafter in which a credit is used and the violation is not remedied, and it shall be collected by the collecting agencies in the same manner and subject to the same provisions for the collection of other tax debts.
J. For purposes of filing the application provided for in Paragraph (A)(1) of this Section, the business filing the application, upon request, shall receive a thirty-day extension of time in which to file its application, provided such request for extension is received by the Department of Revenue prior to the expiration of such filing period. The Department of Revenue is also authorized to grant the business an additional extension of time, not to exceed sixty days, in which to file its application provided that the business shows reasonable cause for granting such extension.
K. The department shall not accept any advance notification on or after July 1, 2021. Acts 1995, No. 194, §1, eff. June 14, 1995; Acts 1995, No. 581, §2, eff. June 18, 1995; Acts 1997, No. 624, §1; Acts 1997, No. 1155, §5; Acts 1997, No. 1172, §10, eff. June 30, 1997; Acts 1999, No. 386, §1; Acts 1999, No. 977, §1; Acts 2000, No. 46, §1, eff. July 1, 2000; Acts 2002, No. 36, §2, eff. June 25, 2002; Acts 2003, No. 1203, §1; Acts 2003, No. 1240, §1, eff. July 1, 2003; Acts 2005, No. 388, §1, eff. June 30, 2005; Acts 2005, No. 339, §1, eff. June 30, 2005; Acts 2005, No. 443, §1, eff. July 1, 2005; Acts 2006, No. 844, §1, eff. July 5, 2006; Acts 2007, No. 271, §1, eff. July 6, 2007; Acts 2007, No. 279, §1, eff. July 6, 2007; Acts 2007, No. 400, §§1, 2, eff. July 10, 2007; Acts 2008, No. 720, §§1, 2, eff. July 1, 2008; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2011, No. 359, §1, eff. June 29, 2011; Acts 2013, No. 423, §1, eff. June 21, 2013; Acts 2015, No. 114, §1, eff. June 19, 2015; Acts 2015, No. 126, §1, eff. July 1, 2015; Acts 2015, No. 426, §6; Acts 2016, 1st Ex. Sess., No. 18, §1, eff. March 10, 2016; Acts 2016, 1st Ex. Sess., No. 28, §2, eff. April 1, 2016; Acts 2017, No. 206, §1, eff. June 14, 2017; Acts 2017, No. 386, §2, eff. June 23, 2017; Acts 2018, No. 11, §1, eff. June 12, 2018.
NOTE: See Acts 2013, No. 423, §2, regarding applicability.
NOTE: See Acts 2018, 2nd E.S., No. 11, §§4.


text:
selected by Franklin P. Adams ("F. P. A.") 22 cm. xvii, 523 p. 22 cm. English poetry.; American poetry.; English wit and humor.; American wit and humor.; Humorous poetry, English.; Humorous poetry, American.
edited by Bliss Carman. Reprint. Originally published: Philadelphia : J.D. Morris, ; Includes indexes.; Vol. 2 lacks series statement.; v. 1. Home/friendship -- v. 2. Love -- v. 3. Sorrow/consolation -- v. 4. The higher life -- v. 5. Nature -- v. 6. Fancy and sentiment -- v. 7. Descriptive and narrative -- v. 8. National spirit -- v. 9. Tragedy and humor -- v. 10. Poetical quotations, general indexes. 23 cm. 10 v. 23 cm. Dewey:808.81 Poetry The Granger anthology.
editor in chief: Bliss Carman; associated editors: John Vance Cheney, Charles G.D. Roberts, Charles F. Richardson, Francis H. Stoddard; managing editor: John R. Howard. Each volume has special t.-p.; v. 1. Of home, of friendship; introduction: The purpose of poetry, by E. Carman; introductory essay: Young people and the poets, by W.D. MacClintock.--v. 2. Love; introductory essay: The future of poetry, by J.V. Cheney.--v. 3. Sorrow and consolation; [introductory essay] An interpretor of life, by L. Abbott.--v. 4. The higher life; [introductory essay] Religion and poetry, by W. Gladden.--v. 5. Nature; [introductory essay] The poetry of nature, by C.G.D. Roberts.--v. 6. Of fancy, of sentiment; [introductory essay] The place of poetry in life, by C.F. Richardson.--v. 7. Descriptive narrative; [introductory essay] What's the use of poetry, by R. Le Gallienne.--v. 8. National spirit; [introductory essay] The study of poetry, by F.H. Stoddard.--v. 9. Of tragedy, of humor; [introductry essay] The old case of poetry in a new court, by F.A. Gummere.--v. 10. Poetical quotations; [introductory essay] After all, what is poetry, by J.R. Howard. [�d. de luxe] 23 cm. 10 v. fronts., plates (part col.) ports. 23 cm. Poetry; English poetry.; Poetry.
21 x 18 cm. 142 p., 2 l. incl. front., illus., plates. 21 x 18 cm. American wit and humor.
Reprint of the 1926 ed. 21 cm. 151 p. 21 cm. Dewey:811/.008 American poetry.; American wit and humor.; Humorous poetry, American.
compiled by T. A. Daly. 17 1/2 cm. 3 p. l., 3-151 p. 17 1/2 cm. American poetry.; American wit and humor.
23 cm. 143 p. 23 cm. American wit and humor.
by Eugene Field. Containing 75 original drawings by F. Opper. Illustrated t. p.; An auto-analysis: p. 3-8. 19cm. 143p. illus. 19cm. American wit and humor.
by Oliver Herford. 21 x 31 cm.  p. illus. 21 x 31 cm. Pen drawing.; American wit and humor, Pictorial.
Edited, with a running commentary, by Louis Untermeyer. 24 cm. 683 p. 24 cm. Dewey:808.87 Wit and humor.
by Louis Untermeyer. "From Mr. Untermeyer's Collected parodies"--P..; 31 cm. 13 p. 31 cm. Puns and punning.; Wit and humor.

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text:
SAMUEL EISENSTADT vs. COUNTY OF SUFFOLK.
CONTRACT. Writ in the Superior Court dated August 5, 1953.
The action was heard by Morton, J.
William H. Kerr, (William L. Baxter, Corporation Counsel, with him,) for the defendant.
Edward J. Barshak, (Samuel Eisenstadt with him,) for the plaintiff.
WILLIAMS, J. This is an action of contract to recover from the county of Suffolk additional compensation for services rendered by the plaintiff from September 1, 1951, to and including November 9 of the same year as special justice of the Municipal Court of the Roxbury District. It was submitted by the parties as a case stated and the defendant has appealed from a finding for the plaintiff in the amount of $584. This finding is to be treated as an order for judgment. Union Old Lowell National Bank v. Paine, 318 Mass. 313, 315.
During the period in question the plaintiff was entitled under the provisions of G. L. (Ter. Ed.) c. 218, Section 6, as appearing in St. 1947, c. 588, Section 1, as amended by St. 1950, c. 575, to "be paid by the county fifteen dollars for each day's services, or at the rate by the day of the salary of the justice of the . . . court, whichever is the greater amount." From September 1, 1951, until November 5, 1951, the salary of the justice of the Municipal Court of the Roxbury District was $6,600. G. L. (Ter. Ed.) c. 218, Section 78, as appearing in St. 1948, c. 667, Section 3. Based upon this salary the daily rate of compensation for the plaintiff was $21.93 and he has been paid by the county at this rate for the number of days which he served during that period.
hours to their respective duties and shall not, directly or indirectly, engage in the practice of law." No mention was made of special justices. This act was approved at 3:31 P.M. on November 5, and was to take effect "upon its passage." On November 9, 1951, c. 218, Section 77A, was further amended by St. 1951, c. 768, Section 2, to provide that the salaries of the justices of the Municipal Court of the Roxbury District be $9,900. This act was entitled "An Act increasing the salaries of the justices, clerks and assistant clerks of certain district courts" and provided that it was to take effect as of September 1, 1951. As in the previous statute no mention was made of special justices. The act was approved at 5:20 P.M. on November 9.
The plaintiff contends that by reason of the increases of the salaries of the justices, first to $9,000, and later to $9,900, he is entitled to additional compensation for the days served by him as special justice between September 1 and November 9. According to the provisions of the statute which fixed the rate of compensation of special justices, his daily compensation based on a salary of $9,000 would be $29.90, and based on a salary of $9,900 would be $32.89.
We think that by increasing the salary of the justice and subsequently the salaries of the justices of the court the Legislature intended to effect increases in the daily compensation of the special justice and justices. See Simmons v. County of Suffolk, 230 Mass. 236. The matter remaining to be decided concerns the date or dates when these increases in the compensation of the plaintiff became effective. Statute 1951, c. 762, took effect upon its passage, and upon its approval the plaintiff became entitled to compensation at a rate determined by the justice's salary of $9,000. See Kennedy v. Palmer, 6 Gray 316; Lawrence v. Commissioners of Public Works, 318 Mass. 520, 525. As it does not appear that the plaintiff rendered any service on November 5 after the act was approved, his right to increased compensation at that rate began on the following day, November 6.
others to render like or similar service. See Opinion of the Justices, 190 Mass. 611; Opinion of the Justices, 240 Mass. 616. When no such purpose will be served, the Legislature lacks the power to authorize the appropriation. See Mead v. Acton, 139 Mass. 341, 344. In Whittaker v. Salem, 216 Mass. 483, it was held that a school committee could not vote to pay compensation to a school principal who was intending to be absent for the school year because of ill health, and in James v. Mayor of New Bedford, 319 Mass. 74, 76, it was stated that the city could not grant additional pay as a gratuity to its employees for work already performed. See also Matthews v. Westborough, 131 Mass. 521, 522. "The power of the Legislature to appropriate money from the treasury of the Commonwealth, for any other than a public purpose, is no greater than its power to authorize a city or town to make a like appropriation." Opinion of the Justices, 190 Mass. 611, 613.
Doubtless the Legislature may establish the salary of a public officer as of a date prior to the enactment of the establishing statute. Such salary is a "fixed annual or periodical payment for services, depending upon the time and not upon the amount of services rendered . . . [and is] payable in sickness as well as in health." Benedict v. United States, 176 U.S. 357, 360. Its payment depends upon the holding of the title to the office rather than upon the amount of labor performed. In the case of an officer receiving pay by the day the "compensation is in the nature of wages, which are payable for services actually rendered." Cane v. Mayor, Etc. of New York, 34 N. Y. Sup. 675. Cowdin v. Huff, 10 Ind. 83. See United States v. Shea, 55 Fed. (2d) 382, 383; State v. Riley, 45 Del. 192, 196; In re Sanitary District Attorneys, 351 Ill. 206, 274; Spalding v. Thornbury, 128 Ky. 533; State v. Nolte, 235 Mo. App. 572, 579; Ness v. Fargo, 64 N. D. 231, 235.
While the Legislature in the present case could fix the salaries of the justices of the court as of September 1, it lacked the right to provide for retroactive payment of compensation for the services of the special justices.
It could not do by indirection what it could not do directly.
It appears that the plaintiff has been paid for his service of November 9 in the amount of $32.89. He is entitled to be paid for his services rendered on November 6, 7, and 8 in the amount of the difference between what he has been paid and what he should have been paid at the rate of $29.90 per day, with interest from December 1, 1951. The finding of the Superior Court is reversed. Judgment is to be entered for the plaintiff in the amount of $23.91 with interest. G. L. (Ter. Ed.) c. 231, Section 124.

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File #: Int 0721-2018 Version: * Name: Respecting the right to record police activities.
Summary: This bill would codify a person’s right to record New York City police officers or peace officer acting in their official capacity, with limited exceptions. The bill also allows any individual whose rights are violated to sue the City in state court, and requires reporting related to filming police activities.
§ 10-902 Right to record police activities.
§ 10-903 Private right of action.
§ 10-904 Preservation of rights.
Officer. The term “officer” means any peace officer or police officer as defined in the criminal procedure law who is employed by the city of New York, or any special patrolman appointed by the police commissioner pursuant to section 14-106 of the administrative code.
Police activities. The term “police activities” means any activity by an officer acting under the color of law.
Record. The term “record” means to capture or attempt to capture any moving or still image, sound, or impression through the use of any recording device, camera, or any other device capable of capturing audio, moving or still images, or by way of written notes or observations.
§ 10-902 Right to record police activities. A person may record police activities and maintain custody and control of any such recording and of any property or instruments used in such recording. Nothing in this chapter shall be construed to permit a person to engage in actions that physically interfere with an official and lawful police function, or to prevent the seizure of any property or instruments used in a recording of police activities otherwise authorized by law, or to prohibit any officer from enforcing any other provision of law.
4. seizing property or instruments used by any individual to record police activities.
b. It shall be an affirmative defense that a reasonable officer in the position of such officer would have had probable cause to believe that the person recording police activities physically interfered with an official and lawful police function, or that such officer’s actions were otherwise authorized by law.
c. A person subject to unlawful interference with recording police activities as described in subdivision a of this section may bring an action in any court of competent jurisdiction for any damages, including punitive damages, and for declaratory and injunctive relief and such other remedies as may be appropriate.
d. In any action or proceeding to enforce this section, the court may allow a prevailing plaintiff reasonable attorney's fees as part of the costs, and may include expert fees as part of the attorney's fees.
e. Any action or proceeding to enforce this section shall be commenced no later than one year and 90 days after the date on which the violation of this section is committed.
§ 10-904 Preservation of rights. This section shall be in addition to all rights, procedures, and remedies available under the United States Constitution, Section 1983 of Title 42 of the United States Code, the Constitution of the State of New York and all other federal law, state law, law of the City of New York or the New York City Administrative Code, and all pre-existing civil remedies, including monetary damages, created by statute, ordinance, regulation or common law.
§ 10-905 Reporting. The commissioner shall submit to the council and the mayor, and post to the department’s website, within 20 days of the beginning of each quarter, a report containing the following information for the previous quarter: the number of arrests, criminal summonses, and civil summonses in which the person arrested or summonsed was recording police activities as defined in section 10-901. Such report shall include this information in total and disaggregated by the following factors: the patrol precinct in which such arrest or summons occurred, the offense charged, and the apparent race, ethnicity, gender, and age of the person arrested or summonsed. The information to be reported pursuant to this section shall be compared to previous reporting periods, shall be permanently stored on the department’s website, and shall be stored in alphanumeric form that can be digitally transmitted or processed and not in portable document format or scanned copies of original documents.
§ 2. Severability. If any provision of this bill or any other provision of this local law, or any amendments thereto, shall be held invalid or ineffective in whole or in part or inapplicable to any person or situation, such holding shall not affect, impair or invalidate any portion of or the remainder of this local law, and all other provisions thereof shall nevertheless be separately and fully effective and the application of any such provision to other persons or situations shall not be affected.
§ 3. This local law takes effect 30 days after it becomes law, provided that the first quarterly report pursuant to section 10-905 is due within 20 days of the quarter beginning January 1, 2019.


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Collaborations: Dip. Ingegneria Elettrica, Elettronica e dei Sistemi, Università di Catania - Dip. Fisica, Università di Perugia - MEGGIT-Ferroperm Piezoceramics, Kvistgaard (Denmark) - SENSOR Lab., Università di Brescia & CNR-IDASC.
Collaborations: Dep. Ingenieria Electronica, Universidad Politecnica de Valencia (Spain).
Collaborations: Centro Nacional de Microelectronica (CNM), Barcelona (Spain) - Vienna University of Technology and Austrian Academy of Sciences, (Austria).
Collaborations: Dept. Mechanical and Industrial Engineering, Università di Brescia - General Pathology and Immunology Unit, Università di Brescia.
Collaborations: University of Catalunia, Universitè Pierre et Marie Curie Paris (UPMC).
Methods and devices to harvest energy from the environment are studied and exploited to supply power to autonomous sensor modules. The piezoelectric effect in lead-zirconate-titanate (PZT) films is employed to develop autonomous sensor modules powered by background vibrations. By combining energy harvesters, ultra-low-power circuitry, and adequate sensing strategies, battery-less vibration-powered sensors were developed which transmit measurement signals and/or identification codes over a radio-frequency link.
Within the project PRIN2009 (2011-2013): " Innovative solutions for enhanced energy harvesting from broadband and low-frequency vibrations in microsystems ", nonlinear phenomena and devices based on piezo-magnetic interactions have been proven to significantly improve the conversion effectiveness of broadband and random vibrations over the use of linear resonant converters.
The conversion of energy from temperature gradients exploiting the thermoelectric principle is also studied. Thermoelectric energy converters have been designed on silicon in MEMS BESoI technology.
Within the project IIT “NANOTHER the thermoelectric effect in innovative nanostructured materials is studied to develop next-generation thermoelectric generators (TEGs).
1) M. Ferrari, M. Baù, M. Guizzetti, V. Ferrari, A single-magnet nonlinear piezoelectric converter for enhanced energy harvesting from random vibrations, Sensors and Actuators A, 172, 1, (2011) 287–292. ISBN/ISSN: 0924-4247.
2) M. Baù, M. Ferrari, V. Ferrari, Energy Harvesting from Vibrations by means of PZT Thick Films on Steel and Silicon Elastic Structures, Proceedings of Piezo 2011 Conference: Electroceramics for End-Users, Sestriere, Italy, 28 February-2 March, 2011, 9-13.
3) S. Dalola, V. Ferrari, Design and fabrication of a novel MEMS thermoelectric generator, Proceedings of the Eurosensors XXV Conference, Athens, Greece, 4-7 September, 2011, in Procedia Engineering, 25, (2011) 207-210. ISBN/ISSN: 1877-7058.
4) D. Alghisi, M. Ferrari, V. Ferrari, Active rectifier circuits with sequential charging of storage capacitors (SCSC) for energy harvesting in autonomous sensors, Proceedings of the Eurosensors XXV Conference, Athens, Greece, 4-7 September, 2011, in Procedia Engineering, 25, (2011) 211-214. ISBN/ISSN: 1877-7058.
5) S. Dalola, G. Faglia, E. Comini, M. Ferroni, C. Soldano, D. Zappa, V. Ferrari, G. Sberveglieri, Seebeck effect in ZnO nanowires for micropower generation, Proceedings of the Eurosensors XXV Conference, Athens, Greece, 4-7 September, 2011, in Procedia Engineering, 25, (2011) 1481-1484. ISBN/ISSN: 1877-7058.
Circuit configurations are studied to accurately detect the resonant response of quartz-crystal resonator (QCR) and other resonant sensors in order to extend their accuracy and operating range under heavy acoustic and dielectric loading.
Electronic techniques and circuits for interrogation of piezoelectric resonator sensors over a short-range electromagnetic link are investigated.
A developed technique is based on the separation in time of the excitation and detection phases, exploiting the sensing of the transient response of the resonator. An external primary coil is electromagnetically air coupled to a secondary coil connected to the electrodes of the resonator. During the excitation phase the fundamental thickness shear mode of the resonator is excited, while in the detection phase the excitation signal is turned off and the transient response of the resonator is contactless sensed by measuring the voltage induced back across the primary coil.
Experimental results have demonstrated the detection of relative humidity changes by a QCR sensitized with a hygroscopic coating. More generally the proposed technique can be exploited for the measurement of physical or chemical quantities affecting the resonant response of piezoelectric resonator sensors.
1) M. Baù, M. Ferrari, E. Tonoli, V. Ferrari, Sensors and energy harvesters based on piezoelectric thick films, Proceedings of the Eurosensors XXV Conference, Athens, Greece, 4-7 September, 2011, in Procedia Engineering, 25, (2011) 737-744. ISBN/ISSN: 1877-7058.
2) M. Baù, M. Ferrari, V. Ferrari, E. Tonoli, Electromagnetic Contactless Interrogation Technique for Quartz Resonator Sensors, Proceedings of IEEE Sensors 2011 Conference, Limerick, Ireland, October 28-31, 2011, 1297-1300. E-ISBN: 978-1-4244-9288-6.
Sensors fabricated in MEMS technology and other microfabrication technologies are studied together with tailored interface circuits.
A principle for contactless interrogation of passive micromechanical resonator sensors is proposed. The principle exploits an external primary coil electromagnetically air-coupled to a secondary coil which is connected to a conductive path on the resonator. The interrogation periodically switches between interleaved excitation and detection phases. During the excitation phase the resonator is driven into vibrations, while in the detection phase the excitation signal is turned off and the decaying oscillations are contactless sensed. The principle advantageously avoids magnetic properties required to the resonator, thereby ensuring compatibility with standard silicon microfabrication processes. The principle has been implemented on a MEMS SOI microcantilever resonator sensor with mechanical resonant frequency of 10.186 kHz and has been demonstrated to work over a distance of up to 1 cm.
1) M. Baù, E. Tonoli, V. Ferrari, D. Marioli, Contactless electromagnetic switched interrogation of micromechanical cantilever resonators, Sensors and Actuators A, 172, 1, (2011) 195–203. ISBN/ISSN: 0924-4247.
A sensor system for the study of oil-water flow in pipes has been developed. The estimation of the area fraction occupied by each fluid phase is done by capacitance measurements between electrodes flush-mounted on the external surface of a nonconductive section of the pipe. A sensor configuration has been developed that employs guard electrodes, coupled to a tailored electronic interface to drive the guard electrodes and amplify the measurement signal.
Microfluidic devices with embedded capacitive sensing have been developed. The devices are fabricated in a hybrid technology which innovatively combines PDMS (PolyDiMethylSiloxane) soft photolithography and screen printing techniques.
A microchannel, realized in a PDMS layer, is placed in the fringe field of a sensing capacitor formed by electrodes screen-printed on a glass substrate. Fluids inside the microchannel affect the capacitance that is measured by a tailored electronic interface system. Experimental results obtained for different fluids injected in the microchannel demonstrate the ability of the system to discriminate the fluids and estimate their dielectric permittivity both as pure samples and as mixtures at varying solute fractions.
Microfluidic sensors are being developed to detect flowing cells for cell sizing and counting.
1) D. Strazza, B. Grassi, M. Demori, V. Ferrari, P. Poesio, Core-annular flow in horizontal and slightly inclined pipes: Existence, pressure drops, and hold-up, Chemical Engineering Science, 66, (2011) 2853–2863. ISBN/ISSN: 0009-2509.
2) D. Strazza, M. Demori, V. Ferrari, P. Poesio, Capacitance sensor for hold-up measurement in high-viscous-oil/conductive-water core-annular flows, Flow Measurement and Instrumentation, 22, (2011) 360–369. ISBN/ISSN: 0955-5986.
3) M. Demori, V. Ferrari, P. Poesio, D. Strazza, A microfluidic capacitance sensor for fluid discrimination and characterization, Sensors and Actuators A, 172, 1, (2011) 212–219. ISBN/ISSN: 0924-4247.
Synchronization is a hot topic in real-time distributed applications, with a special attention to Real-Time Ethernet and wireless fieldbus for industrial applications and to Smart Grids for energy distribution. IEEE1588 (PTP) and, particularly, the second version (2008), has gained the role of the reference standard in both application fields, but gateway should be designed to guarantee coexistence with existing solutions. Clock synchronization strictly depends on timestamping, but the research activity has deeply investigated about all the uncertainty sources. An intensive experimental work has been conducted in collaboration with Universities and private research centers, especially concerning synchronization for energy distribution and measurement. New studies have been conducted on synchronization capabilities in UWB-based systems and IPv6-based wireless sensor networks.
1) M. Lixia, A. Benigni, A. Flammini, C. Muscas, F. Ponci, A. Monti, "A Software-only PTP Synchronization for Power System State Estimation with PMUs", 2011 IEEE Instrum&Meas Tech. Conf. (I2MTC), Hangzhou, China, May 10-12, 2011, pp. 855-860.
2) P. Ferrari, A. Flammini, S. Rinaldi, A. Bondavalli, F. Brancati, "Evaluation of Timestamping Uncertainty in a Software-based IEEE1588 Implementation", 2011, IEEE Instrum& Meas Tech. Conf. (I2MTC), Hangzhou, China, May 10-12, pp. 604-609.
3) P. Ferrari, A. Flammini, S. Rinaldi, G. Prytz, P. C. Juel, "Architecture of an embedded time gateway between PTP and SNTP ", 2011 IEEE Int. Symp. on Industrial Embedded Systems (SIES), Västerås, Sweden, June 15-17, 2011, pp. 71-74.
4) P. Ferrari, A. Flammini, S. Rinaldi, G. Prytz, "Applying PTP-to-SNTP Time-Gateway to IEC61850 systems", 2011 IEEE Conference on Emerging Technologies and Factory Automation (ETFA), Toulouse, France, September 5-9, 2011, pp. 1-4.
5) C. M. De Dominicis, P. Ferrari, A. Flammini, S. Rinaldi, M. Quarantelli, "On the Use of IEEE 1588 in Existing IEC 61850-Based SASs: Current Behavior and Future Challenges", IEEE Trans. Instrumentation and Measurement, September, 2011, Vol. 60, N. 9, pp. 3070-3081.
6) C. M. De Dominicis, A. Flammini, S. Rinaldi, E. Sisinni, A. Cazzorla, A. Moschitta, P. Carbone, "High-precision UWB-based timestamping", 2011 Int. IEEE Symposium on Precision Clock Synchronization for Measurement Control and Communication (ISPCS), Munich, Germany, September 12-16, 2011, pp. 50-55.
7) P. Ferrari, A. Flammini, S. Rinaldi, E. Sisinni, "Time distribution in IPv6 Wireless Sensor Networks", 2011 Int. IEEE Symposium on Precision Clock Synchronization for Measurement Control and Communication (ISPCS), Munich, Germany, September 12-16, 2011, pp. 69-74.
8) P. Ferrari, A. Flammini, S. Rinaldi, G. Prytz, "Time synchronization concerns in substation automation system", 2011 IEEE Int. Workshop on Applied Meas. for Power Systems (AMPS), Aachen, Germany, September 28-30, 2011, pp. 112-117.
9) A. Bondavalli, F. Brancati, A. Flammini, S. Rinaldi, "A Reliable and Self-Aware Clock for reference time failure detection in internal synchronization environment", 2011 IEEE Int. Workshop on Meas.& Networking (M&N), Anacapri, Italy, October 10-11, 2011, pp. 94-99.
10) A. Flammini, S. Rinaldi, A. Vezzoli, "The sense of time in Open Metering System", 2011 IEEE Int. Conference on Smart Measurements for Future Grids (SMFG), Bologna, Italy, November 14-16, 2011, pp. 22-27.
Real-time industrial communications include Real-Time Ethernet applications and, recently, mesh wireless sensors networks as wirelessHART and ISA100.11a. Large plants are still under test and new algorithms and tools are to be developed, especially for the wireless networks. Software Defined Radio seems a promising architecture to solve the coexistence problem and to design a new generation of smart sensors using the cognitive approach; in addition, a sensor based on a SDR architecture can use the communication channel for ranging and measuring purposes.
1) C. M. De Dominicis, A. Flammini, E. Sisinni, L. Fasanotti, F. Floreani, "On the development of a wireless self localizing streetlight monitoring system", 2011 IEEE Sensors Applications Symposium (SAS), San Antonio, TX, USA, February 22-24, 2011, pp. 233-238.
2) A. A. Memon, S. H. Hong, A. Flammini, "Load-Balancing Routing Algorithm for WirelessHART", 2011 Int. Conference on Communication and Electronics Information (ICCEI 2011), Haikou, China, February 22-24, 2011, pp. V1-14 - V1-18.
3) S. Baruffolo, M. Conforti, C. De Angelis, A. Flammini, E. Sisinni, "A finite element aided tool for the design of microwave resonant sensors", 2011 IEEE Instrumentation and Measurement Technology Conference (I2MTC), Hangzhou, China, May 10-12, 2011, pp. 1337-1341.
4) G. Donato, P. Ferrari, A. Flammini, "Helmet mounted data acquisition system for security and monitoring applications", 2011 IEEE Instrumentation and Measurement Technology Conference (I2MTC), Hangzhou, China, May 10-12, 2011, pp. 1633-1637.
5) P. Ferrari, A. Flammini, E. Sisinni, "New Architecture for a Wireless Smart Sensor Based on Software-Defined Radio", IEEE Trans. Instrumentation and Measurement, June, 2011, Vol. 60, N. 6, pp. 2133-2141.
6) C. M. De Dominicis, L. De Vito, P. Ferrari, A. Flammini, S. Rapuano, "Testing the transmission path of a Software Deﬁned Radio Platform", 2011 International Workshop on ADC Modelling, Testing and Data Converter Analysis and Design (IMEKO IWADC 2011), Orvieto, Italy, June 30 - July 1, 2011.
7) P. Ferrari, A. Flammini, F. Venturini, A. Augelli, "Large PROFINET IO RT networks for factory automation: a case study", 2011 IEEE 16th Conference on Emerging Technologies and Factory Automation (ETFA), Toulouse, France, September 5-9, 2011, pp. 1-4.
MOX chemical sensors appear as resistive sensors whose resistance can vary in a wide range, from tens of kOhms to more than tens of GOhms. Several new oscillating circuits have been proposed, together with a Least Mean Square approach, in order to evaluate sensor resistance. Most of the proposed circuits integrate current from sensor, that can be DC or AC powered. If capacitance need to be estimated, a transient is applied to sensor supply. The integrating circuit could lead to a long measuring time, especially with high-value resistance. New circuits have been proposed to shorten the measuring time, even with a wide range, taking advantage from moving thresholds or a mixed analog and digital approach. The new proposed circuits allow a constant measuring time, on the order of 10 ms, regardless the resistance value, still keeping the wide measuring range (more than five decades up to 100GOhm). Thanks to new developments, sensors can be managed by means of synchronized thermal profiles.
1) A. Depari, A. Flammini, D. Marioli, E. Sisinni, E. Comini, A. Ponzoni, "An electronic system for the thermal management of MOX sensors", 2011 IEEE Sensors Applications Symposium (SAS), San Antonio, TX, USA, February 22-24, 2011, pp. 292-297.
2) A. Ponzoni, A. Depari, E. Comini, G. Faglia, A. Flammini, G. Sberveglieri, "Response dynamics of metal oxide gas sensors working with temperature profile protocols", Procedia Engineering - Eurosensors XXV, Athens, Greece, September 4-7, 2011, Vol. 1, pp. 1327-1330.
3) A. De Marcellis, G. Ferri, A. Depari, A. Flammini, "A novel time-controlled interface circuit for resistive sensors", 2011 IEEE Sensors, Limerick, Ireland, October 28-31, 2011, pp. 1137-1140.
4) A. Flammini, S. De Vito, "Chapter 3: Wireless Chemical Sensors", Chemical Sensors comprehensive sensor technologies Volume 6: chemical sensors applications, November, 2011, pp. 87-125.
5) A. Depari, A. De Marcellis, G. Ferri, A. Flammini, "A complementary metal oxide semiconductor-integrable conditioning circuit for resistive chemical sensor management", IOP Measurement Science and Technology, December, 2011, Vol. 22, N. 12, pp. 1-7.
Organic thin film transistors (OTFTs) as well as inorganic TFTs based on new materials (ex. Indium Gallium Zinc Oxide, IGZO) have gained considerable interest due to their potential applications in large-area, low-cost integrated circuits. Such applications include: driving devices for active matrix flat panel displays based on organic light emitting diodes, low-end smart cards, radio frequency identification tags, sensors, etc. Organic semiconductors for low-cost integrated circuits are typically deposited from solution leading to amorphous or polycrystalline thin films. Field-effect transistors based on such materials have several appealing features: the techniques for depositing films allow large areas to be coated, they can be vacuum-deposited at moderate temperatures, many polymers and oligomers are soluble and may be processed by spin coating. Furthermore, thanks to their intrinsic structural flexibility, in the case of all-polymer systems, OTFTs allow the production of flexible integrated circuits. The efficient design of complex integrated circuits based on TFTs and in particular OTFTs requires preliminary optimization and modelling. To this purpose, the availability of accurate analytical models (SPICE like) is very important. Our activity may be divided in three main areas: numerical simulation and physical modeling of OTFTs, analytical modeling (spice models), and development of TCAD tools for the design and verification of integrated circuits based on such materials.
The research is focused on the study, design and development of power harvesters based on electromechanical transduction. Two devices are described here briefly.
Air temperature and velocity measurements are important parameters in many applications. A self-powered sensor placed in a duct and powered by an electromechanical generator scavenging energy from the airflow has been designed and tested. It transmits periodically the measured air temperature and velocity to a receiving unit. The system basically consists of two macro blocks, respectively, the self-power wireless sensor and the receiving unit. The self-powered sensor has a section devoted to the energy harvesting, exploiting the movement of an airscrew shaft keyed to a DC motor. The self-powered sensor adopts integrated devices in low-power technology, including a microcontroller, an integrated temperature sensor and a RF transmitter at 433 MHz. The data transmission is realized in Manchester encoding, with ASK modulation at 433 MHz, allowing to cover a distance between sensor and reader in the order of 4-5 meters depending on the power supplied in transmission. The air velocity is measured trough the rotor frequency of the electromechanical generator, while for the temperature a commercial low-power sensor is used. An experimental system has been designed and fabricated demonstrating that the airflow harvester can power the self-powered wireless sensor permitting air temperature and velocity measurements. The system can be used to real-time monitor of temperature and velocity. The sensor module placed in ducts does not require any batteries.
Mechanical energy in the form of low frequency vibrations (1–100 Hz) can be commonly available and this energy type can be advantageously converted to electrical one by exploiting energy harvesting techniques. At the same time, in many applications, the devices that convert low frequency mechanical energy to electrical one should have a small size. An electromechanical power generator is proposed for converting mechanical energy in the form of low-frequency vibrations, available in the measurement environment, into electrical energy. The intended applications for the proposed electromechanical power generator, described in this paper, are for examples mechanical systems with low frequency vibrations (1–100 Hz). The operating principle is based on the relative movement of a planar inductor with respect to permanent magnets. The generator uses polymeric material as resonators, which have low-frequency mechanical resonances due to the low Young's modulus of the materials by which they are made. The different materials, with which the suspensions for the planar inductor were made, have allowed to compare different behaviors of the resonators: linear and nonlinear. The proposed configuration can be adopted for its low profile, modularity and low-frequency vibrations in many applications from industrial to medical.
1) E. Sardini, M. Serpelloni, “Self-powered wireless sensor for air temperature and velocity measurements with energy harvesting capability”, IEEE Transactions on Instrumentation and Measurement, 60(5), (2011), 1838–1844.
2) E. Sardini, M. Serpelloni, “An Efficient electromagnetic power harvesting device for low-frequency applications”, Sensors and Actuators A: Physical 172(2), (2011), 475-482.
The ability to monitor the health status of elderly patients or patients undergoing therapy at home enables significant advantages in terms of both cost and comfort of the subject. The research activity is concerned with the development of a novel wearable biomedical signal sensor device for monitoring health conditions at home. The wearable monitoring system consists of two subsystems: firstly, a wearable data acquisition hardware, where the sensors for acquiring the biomedical parameters are integrated, and secondly, a remote monitoring station placed separately and connected to internet for telemedicine applications. The physiological parameters that are monitored with the proposed instrumented wearable belt are electrocardiogram (ECG), heart rate (HR) derived from ECG signals by determining the R-R intervals, body temperature, respiratory rate, and three axis movement (acceleration and position) of the subject measured using an accelerometer. Human biomedical parameters can be registered and analyzed continuously during home work activities. Proper evaluation of those parameters would let immediately know about sudden health state changes, accidental injury or another menacing danger befalling patients at home.
Furthermore, in vivo monitoring of human knee implants after total arthroplasty increases information concerning articular motion and loading conditions. The autonomous sensor carries out force measurements in a protected environment and wirelessly transmits data directly from the inside of the implant to an external readout unit. The autonomous sensor is fully contained in the polyethylene insert of the prosthesis. Batteries are completely eliminated; the system gathers energy from an externally applied magnetic field using a miniature coil inside the implant. The forces transmitted across the knee joint during normal human activities such as walking, running or climbing can be directly measured. The device can be used to improve design, refine surgical instrumentation, guide post-operative physical therapy and detect human activities that can overload the implant. Furthermore, new devices for the generation of electricity applied to electronic instrumented total knee prosthesis have been developed. One work is a new proposed solution to monitor the forces into total knee prosthesis. This system consists in an electromagnetic generator in which the coil has been inserted in a prominent element of tibial prosthetic plate that is placed between the two condyle, while the magnets are placed into the condyles on the opposite surfaces. The electronic circuits and the force sensors are placed internally the tibial plate.
1) Crescini D., Sardini E., Serpelloni M. Design and test of an autonomous sensor for force measurements in human knee implants. Sensors and Actuators A: Physical 166(1), (2011), 1-8.
2) Sardini E., Serpelloni M., Ometto M. Multi-parameters wireless shirt for physiological monitoring. MEMEA 2011, medical measurements and applications, Bari, Italy (2011), 316- 321.
3) Sardini E., Serpelloni M., Donzella G., Gazzoli M. Human knee prosthesis equipped with force sensors, BIODEVICES 2011, International conference on biomedical electronics and devices. January 26-29, Rome, Italy, (2011) 349- 352.
4) Sardini E., Serpelloni M., Luciano V., Baronio G. Analysis of electrical generator for power harvesting from human movements. BIODEVICES 2011, International conference on biomedical electronics and devices. January 26-29, Rome, Italy, (2011), 194- 198.
Telemetric measurement systems are an interesting solution to connect the probe positioned in the hazardous zone with the conditioning electronics in the safe zone. Moreover, they represent a viable solution when the measurement environment is contained in an enclosed and hermetic space and the required wire-link through the separating wall, between the harsh and safe zones, is not possible due to the presence of high pressure or to the use of expensive connecting techniques. The research regarded the possibility to measure telemetrically not only the capacitive sensors, but resistive sensors as well. Mathematical and simulation analysis were executed and a new method has been implemented. Furthermore, a telemetric system was proposed for the measurement of high temperatures in harsh industrial environments. A novel MEMS temperature sensor connected to a planar inductor, which is realized in thick film technology, constitutes the sensitive element. The common working principle of the MEMS sensor is based on the structural deformation that appears as consequence of a temperature increase. An equivalent circuit scheme of the variable capacitor and planar inductor has been analyzed.
Two telemetric measurement methods, relying on a frequency variation output, have been tested. The whole system has been tested in the laboratory and several results are reported. Finally, the sensor prototype was fabricated and successfully characterized up to 330°C, as a proof of concept of temperature sensing through passive wireless communication.
1) Sardini E., Serpelloni M. High-temperature measurement system with wireless electronics for harsh environments. SAS 2011, Ieee sensors applications symposium. February 22-24, San Antonio, Texas, (2011), 256- 261.
2) Sardini E., Serpelloni M. Wireless measurement technique for telemetry low-value resistive sensors, Procedia Engineering, Proc. Eurosensors XXV, September 4-7, 2011, Athens, Greece, (2011) 1261-1264.
La ricerca si è posta come obiettivo principale quello di studiare l’applicabilità della tecnologia ibrida a film spesso multilayers nel campo del rilievo di grandezze fisiche quali accelerazioni ed inclinazioni a bassa dinamica per campi operativi in cui il low-cost è divenuto strategico. Le metodologie trasduttive scelte per la realizzazione dei sensori sono state principalmente tre: piezoresistiva, capacitiva e a trasferimento termico.
In particolare lo studio ha posto l’accento sulla definizione delle procedure di deposizione e trattamento termico dei films conduttivi e piezoresistivi. Sono stati infatti eseguiti diversi studi prendendo in considerazione inchiostri forniti da diverse aziende operanti nel settore della tecnologia ibrida a film spesso cercando di effettuare delle comparazioni prestazionali. Si sono eseguite inoltre diverse combinazioni variando sia il materiale costituente il substrato meccanico portante (acciai ferritici di diverse tipologie e ceramica) che la morfologia degli inchiostri con attivazione della fase funzionale a bassa o alta temperatura.
Unitamente agli argomenti prettamente riconducibili a questioni tecnologiche, sono stati seguiti e sviluppati anche gli aspetti legati allo sviluppo dell’elettronica. Si sono studiati i temi relativi alla struttura del primo front-end dedicato all’elaborazione dei segnali provenienti dalla sensore primario basandosi su approccio analogico. Si è quindi poi rivolto lo sguardo in direzione dei temi riguardanti le metodologie di compensazione delle derive termiche di zero e di sensibilità.
Infine si è strutturata e studiata la parte di elaborazione digitale con l’obiettivo di stabilire un canale di comunicazione dati compatibile con le richieste tipiche delle applicazioni auto motive o macchine movimento terra. Per questi ultimi settori si è scelta la comunicazione attraverso il bus di campo CanOPEN.

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(1) Any person who knowingly violates, and any person engaged in business as an importer or exporter of fish, wildlife, or plants who violates, any provision of this chapter, or any provision of any permit or certificate issued hereunder, or of any regulation issued in order to implement subsection (a)(1)(A), (B), (C), (D), (E), or (F), (a)(2)(A), (B), (C), or (D), (c), (d) (other than regulation relating to recordkeeping or filing of reports), (f) or (g) of section 1538 of this title, may be assessed a civil penalty by the Secretary of not more than $25,000 for each violation. Any person who knowingly violates, and any person engaged in business as an importer or exporter of fish, wildlife, or plants who violates, any provision of any other regulation issued under this chapter may be assessed a civil penalty by the Secretary of not more than $12,000 for each such violation. Any person who otherwise violates any provision of this chapter, or any regulation, permit, or certificate issued hereunder, may be assessed a civil penalty by the Secretary of not more than $500 for each such violation. No penalty may be assessed under this subsection unless such person is given notice and opportunity for a hearing with respect to such violation. Each violation shall be a separate offense. Any such civil penalty may be remitted or mitigated by the Secretary. Upon any failure to pay a penalty assessed under this subsection, the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which such person is found, resides, or transacts business to collect the penalty and such court shall have jurisdiction to hear and decide any such action. The court shall hear such action on the record made before the Secretary and shall sustain his action if it is supported by substantial evidence on the record considered as a whole.
(2) Hearings held during proceedings for the assessment of civil penalties authorized by paragraph (1) of this subsection shall be conducted in accordance with section 554 of title 5. The Secretary may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In case of contumacy or refusal to obey a subpena served upon any person pursuant to this paragraph, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Secretary or to appear and produce documents before the Secretary, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof.
(1) Any person who knowingly violates any provision of this chapter, of any permit or certificate issued hereunder, or of any regulation issued in order to implement subsection (a)(1)(A), (B), (C), (D), (E), or (F), (a)(2)(A), (B), (C), or (D), (c), (d) (other than a regulation relating to recordkeeping, or filing of reports), (f), or (g) of section 1538 of this title shall, upon conviction, be fined not more than $50,000 or imprisoned for not more than one year, or both. Any person who knowingly violates any provision of any other regulation issued under this chapter shall, upon conviction, be fined not more than $25,000 or imprisoned for not more than six months, or both.
(2) The head of any Federal agency which has issued a lease, license, permit, or other agreement authorizing a person to import or export fish, wildlife, or plants, or to operate a quarantine station for imported wildlife, or authorizing the use of Federal lands, including grazing of domestic livestock, to any person who is convicted of a criminal violation of this chapter or any regulation, permit, or certificate issued hereunder may immediately modify, suspend, or revoke each lease, license, permit, or other agreement. The Secretary shall also suspend for a period of up to one year, or cancel, any Federal hunting or fishing permits or stamps issued to any person who is convicted of a criminal violation of any provision of this chapter or any regulation, permit, or certificate issued hereunder. The United States shall not be liable for the payments of any compensation, reimbursement, or damages in connection with the modification, suspension, or revocation of any leases, licenses, permits, stamps, or other agreements pursuant to this section.
The several district courts of the United States, including the courts enumerated in section 460 of title 28, shall have jurisdiction over any actions arising under this chapter. For the purpose of this chapter, American Samoa shall be included within the judicial district of the District Court of the United States for the District of Hawaii.
The Secretary or the Secretary of the Treasury shall pay, from sums received as penalties, fines, or forfeitures of property for any violation of this chapter or any regulation issued hereunder (1) a reward to any person who furnishes information which leads to an arrest, a criminal conviction, civil penalty assessment, or forfeiture of property for any violation of this chapter or any regulation issued hereunder, and (2) the reasonable and necessary costs incurred by any person in providing temporary care for any fish, wildlife, or plant pending the disposition of any civil or criminal proceeding alleging a violation of this chapter with respect to that fish, wildlife, or plant. The amount of the reward, if any, is to be designated by the Secretary or the Secretary of the Treasury, as appropriate. Any officer or employee of the United States or any State or local government who furnishes information or renders service in the performance of his official duties is ineligible for payment under this subsection. Whenever the balance of sums received under this section and section 3375(d) of this title, as penalties or fines, or from forfeitures of property, exceed $500,000, the Secretary of the Treasury shall deposit an amount equal to such excess balance in the cooperative endangered species conservation fund established under section 1535(i) of this title.
(1) The provisions of this chapter and any regulations or permits issued pursuant thereto shall be enforced by the Secretary, the Secretary of the Treasury, or the Secretary of the Department in which the Coast Guard is operating, or all such Secretaries. Each such Secretary may utilize by agreement, with or without reimbursement, the personnel, services, and facilities of any other Federal agency or any State agency for purposes of enforcing this chapter.
(2) The judges of the district courts of the United States and the United States magistrate judges may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or other process as may be required for enforcement of this chapter and any regulation issued thereunder.
(3) Any person authorized by the Secretary, the Secretary of the Treasury, or the Secretary of the Department in which the Coast Guard is operating, to enforce this chapter may detain for inspection and inspect any package, crate, or other container, including its contents, and all accompanying documents, upon importation or exportation. Such person may make arrests without a warrant for any violation of this chapter if he has reasonable grounds to believe that the person to be arrested is committing the violation in his presence or view, and may execute and serve any arrest warrant, search warrant, or other warrant or civil or criminal process issued by any officer or court of competent jurisdiction for enforcement of this chapter. Such person so authorized may search and seize, with or without a warrant, as authorized by law. Any fish, wildlife, property, or item so seized shall be held by any person authorized by the Secretary, the Secretary of the Treasury, or the Secretary of the Department in which the Coast Guard is operating pending disposition of civil or criminal proceedings, or the institution of an action in rem for forfeiture of such fish, wildlife, property, or item pursuant to paragraph (4) of this subsection; except that the Secretary may, in lieu of holding such fish, wildlife, property, or item, permit the owner or consignee to post a bond or other surety satisfactory to the Secretary, but upon forfeiture of any such property to the United States, or the abandonment or waiver of any claim to any such property, it shall be disposed of (other than by sale to the general public) by the Secretary in such a manner, consistent with the purposes of this chapter, as the Secretary shall by regulation prescribe.
(4)(A) All fish or wildlife or plants taken, possessed, sold, purchased, offered for sale or purchase, transported, delivered, received, carried, shipped, exported, or imported contrary to the provisions of this chapter, any regulation made pursuant thereto, or any permit or certificate issued hereunder shall be subject to forfeiture to the United States.
(B) All guns, traps, nets, and other equipment, vessels, vehicles, aircraft, and other means of transportation used to aid the taking, possessing, selling, purchasing, offering for sale or purchase, transporting, delivering, receiving, carrying, shipping, exporting, or importing of any fish or wildlife or plants in violation of this chapter, any regulation made pursuant thereto, or any permit or certificate issued thereunder shall be subject to forfeiture to the United States upon conviction of a criminal violation pursuant to subsection (b)(1) of this section.
(5) All provisions of law relating to the seizure, forfeiture, and condemnation of a vessel for violation of the customs laws, the disposition of such vessel or the proceeds from the sale thereof, and the remission or mitigation of such forfeiture, shall apply to the seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this chapter, insofar as such provisions of law are applicable and not inconsistent with the provisions of this chapter; except that all powers, rights, and duties conferred or imposed by the customs laws upon any officer or employee of the Treasury Department shall, for the purposes of this chapter, be exercised or performed by the Secretary or by such persons as he may designate.
(6) The Attorney General of the United States may seek to enjoin any person who is alleged to be in violation of any provision of this chapter or regulation issued under authority thereof.
The Secretary, the Secretary of the Treasury, and the Secretary of the Department in which the Coast Guard is operating, are authorized to promulgate such regulations as may be appropriate to enforce this chapter, and charge reasonable fees for expenses to the Government connected with permits or certificates authorized by this chapter including processing applications and reasonable inspections, and with the transfer, board, handling, or storage of fish or wildlife or plants and evidentiary items seized and forfeited under this chapter. All such fees collected pursuant to this subsection shall be deposited in the Treasury to the credit of the appropriation which is current and chargeable for the cost of furnishing the services. Appropriated funds may be expended pending reimbursement from parties in interest.
(C) against the Secretary where there is alleged a failure of the Secretary to perform any act or duty under section 1533 of this title which is not discretionary with the Secretary.
The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce any such provision or regulation, or to order the Secretary to perform such act or duty, as the case may be. In any civil suit commenced under subparagraph (B) the district court shall compel the Secretary to apply the prohibition sought if the court finds that the allegation that an emergency exists is supported by substantial evidence.
(iii) if the United States has commenced and is diligently prosecuting a criminal action in a court of the United States or a State to redress a violation of any such provision or regulation.
(ii) if the Secretary has commenced and is diligently prosecuting action under section 1535(g)(2)(B)(ii) of this title to determine whether any such emergency exists.
(C) No action may be commenced under subparagraph (1)(C) of this section prior to sixty days after written notice has been given to the Secretary; except that such action may be brought immediately after such notification in the case of an action under this section respecting an emergency posing a significant risk to the well-being of any species of fish or wildlife or plants.
(3)(A) Any suit under this subsection may be brought in the judicial district in which the violation occurs.
(B) In any such suit under this subsection in which the United States is not a party, the Attorney General, at the request of the Secretary, may intervene on behalf of the United States as a matter of right.
(5) The injunctive relief provided by this subsection shall not restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any standard or limitation or to seek any other relief (including relief against the Secretary or a State agency).
The Secretary of Agriculture and the Secretary shall provide for appropriate coordination of the administration of this chapter with the administration of the animal quarantine laws (as defined in section 136a(f) of title 21) and section 306 1 of the Tariff Act of 1930 (19 U.S.C. 1306). Nothing in this chapter or any amendment made by this chapter shall be construed as superseding or limiting in any manner the functions of the Secretary of Agriculture under any other law relating to prohibited or restricted importations or possession of animals and other articles and no proceeding or determination under this chapter shall preclude any proceeding or be considered determinative of any issue of fact or law in any proceeding under any Act administered by the Secretary of Agriculture. Nothing in this chapter shall be construed as superseding or limiting in any manner the functions and responsibilities of the Secretary of the Treasury under the Tariff Act of 1930 [19 U.S.C. 1202 et seq.], including, without limitation, section 527 of that Act (19 U.S.C. 1527), relating to the importation of wildlife taken, killed, possessed, or exported to the United States in violation of the laws or regulations of a foreign country.
This chapter, referred to in subsecs. (a)(1), (3), (b)–(f), (g)(1)(A), and (h), was in the original "this Act", meaning Pub. L. 93–205, Dec. 28, 1973, 81 Stat. 884, known as the Endangered Species Act of 1973, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.
The amendments made by this chapter, referred to in subsec. (h), refer to the amendments made by Pub. L. 93–205, which amended section 460k–1, former section 460l–9, and sections 668dd, 715i, 715s, 1362, 1371, 1372, and 1402 of this title and section 136 of Title 7, Agriculture, and repealed sections 668aa to 668cc–6 of this title.
The Tariff Act of 1930, referred to in subsec. (h), is act June 17, 1930, ch. 497, 46 Stat. 590, which is classified generally to chapter 4 (§1202 et seq.) of Title 19, Customs Duties. Section 306 of the Act was repealed by Pub. L. 107–171, title X, §10418(a)(5), May 13, 2002, 116 Stat. 507. For complete classification of this Act to the Code, see section 1654 of Title 19 and Tables.
2002—Subsec. (h). Pub. L. 107–171 substituted "animal quarantine laws (as defined in section 136a(f) of title 21)" for "animal quarantine laws (21 U.S.C. 101–105, 111–135b, and 612–614)".
1988—Subsec. (a)(1). Pub. L. 100–478, §1007(a), substituted "$25,000" for "$10,000" and "$12,000" for "$5,000".
Subsec. (b)(1). Pub. L. 100–478, §1007(b), substituted "$50,000" for "$20,000" and "$25,000" for "$10,000".
Subsec. (d). Pub. L. 100–478, §1007(c), inserted at end "Whenever the balance of sums received under this section and section 3375(d) of this title, as penalties or fines, or from forfeitures of property, exceed $500,000, the Secretary of the Treasury shall deposit an amount equal to such excess balance in the cooperative endangered species conservation fund established under section 1535(i) of this title."
1984—Subsec. (d). Pub. L. 98–327, in first sentence, substituted a comma for "a reward" after "shall pay", inserted "(1) a reward" before "to any person", and added cl. (2).
1982—Subsecs. (a)(1), (b)(1). Pub. L. 97–304, §9(c), substituted "(a)(2)(A), (B), (C), or (D)" for "(a)(2)(A), (B), or (C)".
Subsec. (e)(6). Pub. L. 97–304, §7(1), added par. (6).
Subsec. (g)(1)(B). Pub. L. 97–304, §7(2)(A)(i), substituted "any State; or" for "any State.".
Subsec. (g)(1)(C). Pub. L. 97–304, §7(2)(A)(ii), added subpar. (C).
Subsec. (g)(1). Pub. L. 97–304, §7(2)(A)(iii), inserted "or to order the Secretary to perform such act or duty," after "any such provision or regulation," in provisions following subpar. (C).
Subsec. (g)(2)(C). Pub. L. 97–304, §7(2)(B), added subpar. (C).
1981—Subsec. (d). Pub. L. 97–79 substituted "The Secretary or the Secretary of the Treasury shall pay a reward from sums received as penalties, fines, or forfeitures of property for any violation of this chapter or any regulation issued hereunder to any person who furnishes information which leads to an arrest, a criminal conviction, civil penalty assessment, or forfeiture of property for any violation of this chapter or any regulation issued hereunder" for "Upon the recommendation of the Secretary, the Secretary of the Treasury is authorized to pay an amount equal to one-half of the civil penalty or fine paid, but not to exceed $2,500, to any person who furnishes information which leads to a finding of civil violation or a conviction of a criminal violation of any provision of this chapter or any regulation or permit issued thereunder" and inserted provision that the amount of the reward, if any, be designated by the Secretary or the Secretary of the Treasury, as appropriate.
1978—Subsec. (a)(1). Pub. L. 95–632, §6(1), (2), substituted "and any person engaged in business as an importer or exporter of fish, wildlife, or plants who violates" for "or who knowingly commits an act in the course of a commercial activity which violates" in two places and "$500" for "$1,000".
Subsec. (a)(3). Pub. L. 95–632, §7, added par. (3).
Subsec. (b)(1). Pub. L. 95–632, §6(3), substituted "knowingly" for "willfully commits an act which" in two places.
Subsec. (b)(2). Pub. L. 95–632, §6(4), inserted "a person to import or export fish, wildlife, or plants, or to operate a quarantine station for imported wildlife, or authorizing" after "authorizing".
Subsec. (b)(3). Pub. L. 95–632, §8, added par. (3).
1976—Subsec. (e)(3). Pub. L. 94–359 inserted "make arrests without a warrant for any violation of this chapter if he has reasonable grounds to believe that the person to be arrested is committing the violation in his presence or view, and may" after "Such person may" and ", but upon forfeiture of any such property to the United States, or the abandonment or waiver of any claim to any such property, it shall be disposed of (other than by sale to the general public) by the Secretary in such a manner, consistent with the purposes of this chapter, as the Secretary shall by regulation prescribe," after "other surety satisfactory to the Secretary".
"United States magistrate judges" substituted for "United States magistrates" in subsec. (e)(2) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
Pub. L. 97–79, §9(f), Nov. 16, 1981, 95 Stat. 1080, provided that: "The amendment specified in subsection 9(e) of this Act [amending this section] shall take effect beginning in fiscal year 1983."
For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this section to the Secretary of Homeland Security, and for treatment of related references, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.


Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges.
Loan fee, finder’s fee, or similar charge.
Fee for an investigation or credit report.
Premium or other charge for any guarantee or insurance protecting the creditor against the obligor’s default or other credit loss.
Borrower-paid mortgage broker fees, including fees paid directly to the broker or the lender (for delivery to the broker) whether such fees are paid in cash or financed.
in order to obtain the insurance in connection with the extension of credit, the person to whom the credit is extended must give specific affirmative written indication of his desire to do so after written disclosure to him of the cost thereof.
Fees and charges prescribed by law which actually are or will be paid to public officials for determining the existence of or for perfecting or releasing or satisfying any security related to the credit transaction.
The premium payable for any insurance in lieu of perfecting any security interest otherwise required by the creditor in connection with the transaction, if the premium does not exceed the fees and charges described in paragraph (1) which would otherwise be payable.
Any tax levied on security instruments or on documents evidencing indebtedness if the payment of such taxes is a precondition for recording the instrument securing the evidence of indebtedness.
Fees or premiums for title examination, title insurance, or similar purposes.
Fees for preparation of loan-related documents.
Escrows for future payments of taxes and insurance.
Fees for notarizing deeds and other documents.
Appraisal fees, including fees related to any pest infestation or flood hazard inspections conducted prior to closing.
if the amount disclosed as the finance charge does not vary from the actual finance charge by more than an amount equal to one percent of the total amount of credit extended.
Subsecs. (aa) and (w) of section 1602 of this title, referred to in subsec. (f)(2)(B), were redesignated subsecs. (bb) and (x), respectively, of section 1602 of this title by Pub. L. 111–203, title X, § 1100A(1)(A), July 21, 2010, 124 Stat. 2107.
2010—Subsec. (d). Pub. L. 111–203 substituted “Bureau” for “Board” in introductory provisions.
Subsec. (a)(6). Pub. L. 104–29, § 2(b)(1), added par. (6).
Subsec. (d)(3). Pub. L. 104–29, § 2(c), added par. (3).
Subsec. (e)(2). Pub. L. 104–29, § 2(d), amended par. (2) generally, substituting “loan-related” for “a deed, settlement statement, or other”.
Subsec. (e)(5). Pub. L. 104–29, § 2(e), inserted before period “, including fees related to any pest infestation or flood hazard inspections conducted prior to closing”.
Subsec. (f). Pub. L. 104–29, § 3(a), added subsec. (f).
1980—Subsec. (a). Pub. L. 96–221, § 606(a), inserted provisions excluding charges of a type payable in comparable cash transactions and indicated that pars. (1) to (5) are examples of charges.
Subsec. (d). Pub. L. 96–221, § 606(b), struck out pars. (3) and (4) setting forth applicability to taxes and any other type of charge, respectively.
to address abusive refinancing practices engaged in for the purpose of avoiding rescission.
consult with and consider the views of affected industries and consumer groups.