Bill S4540-2013

Relates to changing the name of the commission for the blind and visually handicapped to the commission for the blind

Changes the name of the commission for the blind and visually handicapped to the commission for the blind.

Details

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  • Law:

Actions

  • Jul 31, 2013: SIGNED CHAP.265
  • Jul 19, 2013: DELIVERED TO GOVERNOR
  • Jun 18, 2013: returned to senate
  • Jun 18, 2013: passed assembly
  • Jun 18, 2013: ordered to third reading rules cal.346
  • Jun 18, 2013: substituted for a7210
  • Jun 10, 2013: referred to children and families
  • Jun 10, 2013: DELIVERED TO ASSEMBLY
  • Jun 10, 2013: PASSED SENATE
  • Apr 24, 2013: ADVANCED TO THIRD READING
  • Apr 23, 2013: 2ND REPORT CAL.
  • Apr 22, 2013: 1ST REPORT CAL.362
  • Apr 10, 2013: REFERRED TO CHILDREN AND FAMILIES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Children and Families - Apr 22, 2013
Ayes (6): Felder, Bonacic, Savino, Young, Montgomery, Tkaczyk

Memo

BILL NUMBER:S4540

TITLE OF BILL: An act to amend chapter 415 of the laws of 1913 relating to establishing a state commission for improving the condition of the blind of the state of New York, in relation to certain technical amendments; to amend the civil service law, elder law, election law, the labor law, the legislative law, the public buildings law, the real property tax law, the social services law, the state finance law and the tax law, in relation to changing the name of the commission for the blind and visually handicapped to the commission for the blind

Purpose of Bill: To change the name of the Commission for the Blind and Visually Handicapped to the Commission for the Blind.

Summary of Provisions:

Sections 1 through 22 amend various provisions of law that contain references to the Commission for the Blind and Visually Handicapped, to remove the words "and Visually Handicapped" from the Commission's name. Additionally, references to the former State Department of Social Services are changed to the Office of Children and Family Services (OCFS), and in one instance, in section 11, such reference is changed to OCFS and the Office of Temporary and Disability Assistance (OTDA).

Section 23 provides that terms occurring in laws, regulations, contracts and other documents that relate to the functions, powers, obligations, duties, rights, remedies and officials of the Commission for the Blind and Visually Handicapped shall be deemed to refer to the Commission for the Blind.

Section 24 provides that no existing right or remedy of any character shall be lost, impaired, or affected by this act.

Section 25 is a severability clause.

Section 26 provides that this act shall take effect immediately, unless it is enacted before April 1, 2013, in which case it shall take effect on April 1, 2013.

Existing Law: Chapter 415 of the Laws of 1913, as amended, established the Commission for the Blind and Visually Handicapped within the New York State Department of Social Services. Such Commission was established on April 1, 1913.

Chapter 436 of the Laws of 1997 renamed the New York State Department of Social Services as the New York State Department of Family Assistance and created two new state agencies under such department, OCFS and OTDA, to assume many of the responsibilities of the former Department of Social Services. As a result, the Commission for the Blind and Visually Handicapped was moved from the Department of Social Services to OCFS.

Legislative History: This is a new bill.

Statement in Support: Many New Yorkers who are not legally blind have visual limitations that can be addressed through the use of vision aids such as glasses or contact lenses, and, therefore, those limitations do not substantially impact those persons' daily activities or functioning. Furthermore, the scope of the obligations of the Commission for the Blind and Visually Handicapped is limited to providing specified services for individuals who are legally blind. Therefore, changing the Commission's name to the Commission for the Blind removes offensive language from the Commission's designation, eliminates confusion, and better aligns the Commission's title to its functions.

Budget Implications: This bill is expected to have a negligible cost which could be absorbed within OCFS' base budget for the Commission.

Effective Date: The bill will take effect immediately, unless it is enacted prior to April 1, 2013, in which case it will take erect on April 1, 2013, to coincide with the one hundred year anniversary of the Commission's establishment.


Text

STATE OF NEW YORK ________________________________________________________________________ 4540 2013-2014 Regular Sessions IN SENATE April 10, 2013 ___________
Introduced by Sen. FELDER -- (at request of the Office of Children and Family Services) -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend chapter 415 of the laws of 1913 relating to establishing a state commission for improving the condition of the blind of the state of New York, in relation to certain technical amendments; to amend the civil service law, elder law, election law, the labor law, the legislative law, the public buildings law, the real property tax law, the social services law, the state finance law and the tax law, in relation to changing the name of the commission for the blind and visually handicapped to the commission for the blind THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1 of chapter 415 of the laws of 1913, establishing a state commission for improving the condition of the blind of the state of New York, as amended by chapter 520 of the laws of 1977, is amended to read as follows: There shall be established a state commission, to be known as the New York state commission for the blind [and visually handicapped], consist- ing of five persons, at least two of whom shall be blind persons as defined in this act, to be appointed by the governor within sixty days after the passage of this act. No person appointed to this commission shall serve thereon while serving as an official of any workshop or school wherein blind people may be placed. S 2. Subdivision a of section 3 of chapter 415 of the laws of 1913, establishing a state commission for improving the conditions of the blind of the state of New York, as amended by chapter 520 of the laws of 1977, is amended to read as follows: a. It shall be the duty of this commission to cause to be maintained a complete register of the blind in the state of New York, which shall describe the condition, cause of blindness, capacity for education and
industrial training of each, with such other facts as may seem to the commission to be of value. It shall be the duty of every health and social agency, or nurse to report to the state commission for the blind [and visually handicapped,] in writing, the name, age and residence of each blind person. It shall be the duty of every optometrist to report to said commission in writing, the name, age and residence of each blind person. It shall be the duty of each attending or consulting physician to report to said commission, in writing, the name, age and residence of each blind person. In such cases such persons shall furnish such addi- tional information as the commission shall request for registration or prevention of blindness. S 3. Paragraphs 2, 3, 4 and 7 of subdivision a of section 11-a of chapter 415 of the laws of 1913, establishing a commission for improving the condition of the blind of the state of New York, as added by chapter 693 of the laws of 1992, are amended to read as follows: 2. "Business enterprise program" means the vending program for blind vendors established in regulations of the [department of social services] OFFICE OF CHILDREN AND FAMILY SERVICES and in the provisions of this section. 3. "Commission" means the New York state commission for the blind [and visually handicapped]. 4. "Commissioner" means the commissioner of [social services] THE OFFICE OF CHILDREN AND FAMILY SERVICES. 7. "Permit" means the official approval given the [department of social services] OFFICE OF CHILDREN AND FAMILY SERVICES by a department, agency or instrumentality in control of the maintenance, operation and protection of the property, whereby the commission is authorized to establish a vending facility. S 4. Paragraphs 1 and 2 of subdivision b of section 11-a of chapter 415 of the laws of 1913, establishing a commission for improving the condition of the blind of the state of New York, as added by chapter 693 of the laws of 1992, are amended to read as follows: 1. For the purpose of providing blind persons with remunerative employment, enlarging the economic opportunities of the blind, and stim- ulating the blind to greater efforts in striving to make themselves self-supporting, blind persons licensed by the New York state commission for the blind [and visually handicapped] shall be authorized to operate vending facilities on any state property, with no rental or other charge therefor. 2. In authorizing the operation of vending facilities on state proper- ty, priority shall be given to blind persons licensed by the New York state commission for the blind [and visually handicapped]. The commis- sioner, after consultation with the commissioner of the office of gener- al services, shall prescribe regulations designed to assure that the priority under this paragraph is given to such licensed blind persons (including assignment of vending machine income pursuant to subdivision e of this section to achieve and protect such priority). S 5. Subparagraph (A) of paragraph 3 of subdivision b of section 11-a of chapter 415 of the laws of 1913, establishing a commission for improving the condition of the blind of the state of New York, as amended by chapter 532 of the laws of 2010, is amended to read as follows: (A) Wherever feasible, permits shall be issued to the [department of social] OFFICE OF CHILDREN AND FAMILY services for one or more vending facilities to be established on all state property or any building which houses any authority, agency or entity whose board of directors or exec-
utives are appointed by the governor, or any airport located in the state of New York, to the extent that any such facility or facilities would not adversely affect the interests of the state. S 6. Paragraph 1 of subdivision c of section 11-a of chapter 415 of the laws of 1913, establishing a commission for improving the condition of the blind of the state of New York, as added by chapter 693 of the laws of 1992, is amended to read as follows: 1. The commissioner shall promulgate regulations for the licensing of blind vendors which regulations shall include provisions that the New York state commission for the blind [and visually handicapped] shall, in issuing each such license for the operation of a vending facility, give preference to blind persons who are in need of employment. Each such license shall be issued for an indefinite period but may be terminated by the commission if it is satisfied that the facility is not being operated in accordance with the rules and regulations prescribed by the [department of social services] OFFICE OF CHILDREN AND FAMILY SERVICES. Licenses shall be issued only to applicants who are blind. S 7. Subparagraph (A) of paragraph 3 of subdivision c of section 11-a of chapter 415 of the laws of 1913, establishing a commission for improving the condition of the blind of the state of New York, as added by chapter 693 of the laws of 1992, is amended to read as follows: (A) After January first of the year following the effective date of this section, no department, agency or instrumentality of the state shall undertake to acquire by ownership, rent, lease or to otherwise occupy, in whole or in part, any building unless the head of such department, agency or instrumentality consults with the commission concerning the suitability of such site for the operation of a vending facility by a blind person. Each such department, agency or instrumen- tality shall provide notice to the New York state commission for the blind [and visually handicapped] of its plans for occupation, acquisi- tion, renovation or alteration of a building adequate to permit such commission to determine whether such building includes a satisfactory site or sites for a vending facility. S 8. Paragraph (c) of subdivision 1 of section 6 of the civil service law, as amended by chapter 232 of the laws of 1995, is amended to read as follows: (c) rules for sick leaves, vacations, time allowances and other condi- tions of employment in the classified service of the state and, notwith- standing any other provision of this chapter or any other law, such rules may provide for cash payment of the monetary value of accumulated and unused vacation or time allowances granted in lieu of overtime compensation standing to the credit of an employee at the time of his or her separation from service or his or her entrance into the armed forces of the United States for active duty (other than for training) as defined by title ten of the United States code, whether or not such entrance constitutes a separation from service, and for the payment of the monetary value of his or her accumulated and unused time allowances granted in lieu of overtime compensation standing to the credit of an employee at the time of his or her appointment, promotion or transfer from the department or agency in which such time allowances were earned to another department or agency and provided further however that any such rules or regulations shall provide that individuals certified by an examining physician as benefiting from the use of a service animal in performing major life activities, individuals registered with the New York state commission for the blind [and visually handicapped] as legal- ly blind or certified by an examining physician or licensed optometrist
as legally blind, as manifested by visual acuity of 20/200 or less in the better eye with best correction or visual field of 20 degrees or less, and individuals who have a hearing impairment manifested by a speech discrimination score of forty percent or less in the better ear with appropriate correction as certified by an examining physician or a licensed audiologist or otorhinolaryngologist as defined in section seven hundred eighty-nine of the general business law, or a physician who has examined such person pursuant to the provisions of section seven hundred ninety-two of such law, may charge against accumulated sick leave credits and upon written agreement between the individual and the employer, may borrow against sick leave credits not yet accumulated, for the purpose of obtaining service animals or guide dogs and necessary training, up to a maximum of twenty-six days in any one calendar year; and S 9. Subdivisions 2 and 3 of section 55-a of the civil service law, as amended by chapter 320 of the laws of 1985, are amended to read as follows: 2. Upon such a determination, such positions shall be classified in the non-competitive class, and shall be filled by persons who shall have been certified by either the commission for the blind [and visually handicapped] in the state [department of social services] OFFICE OF CHILDREN AND FAMILY SERVICES as physically disabled by blindness or by the state education department as otherwise physically or mentally disa- bled and, in any event, qualified to perform satisfactorily the duties of any such position. At least three hundred of such positions shall be filled by persons who have been certified as physically disabled. If no qualified physically disabled persons have applied for such positions, the municipal civil service commission may fill those unfilled positions with qualified mentally disabled persons. 3. Prior to making certification of physically or mentally disabled persons for any such position, the commission for the blind [and visual- ly handicapped] in the case of persons physically disabled by blindness or the state education department in the case of persons otherwise phys- ically or mentally disabled shall obtain from the appropriate municipal civil service commission a detailed description of all duties of the position, and shall investigate the extent of the disability by examina- tion of any such person or otherwise, and shall determine and report its findings to the appropriate civil service commission, as to the ability of the disabled person to perform the duties of such position. Such findings shall be given due consideration by the municipal civil service commission. S 10. Subdivisions 2 and 3 of section 215-a of the elder law, as added by chapter 573 of the laws of 2007, are amended to read as follows: 2. The director, in consultation with the New York state commission for the blind [and visually handicapped], is hereby authorized and directed, subject to the availability of appropriations, to establish a program of senior vision services grants to assist in the provision of vision services to elderly persons with functional visual impairments. 3. The director, in consultation with the New York state commission for the blind [and visually handicapped], shall award senior vision services grants to not-for-profit corporations which demonstrate: (a) the ability to provide senior vision services; (b) a commitment to provide such services to visually impaired persons or specialized training in providing such services to persons who are blind or visually impaired; and
(c) other such factors as may be determined by the director in consul- tation with the state commission for the blind [and visually hand- icapped]. S 11. The opening paragraph of section 5-211 of the election law, as amended by chapter 200 of the laws of 1996, is amended to read as follows: Agency assisted registration. Each agency designated as a participat- ing agency under the provisions of this section shall implement and administer a program of distribution of voter registration forms pursu- ant to the provisions of this section. The following offices which provide public assistance and/or provide state funded programs primarily engaged in providing services to persons with disabilities are hereby designated as voter registration agencies: designated as the state agencies which provide public assistance are the [department of social services] OFFICE OF CHILDREN AND FAMILY SERVICES, THE OFFICE OF TEMPO- RARY AND DISABILITY ASSISTANCE and the department of health. Also designated as public assistance agencies are all agencies of local government that provide such assistance. Designated as state agencies that provide programs primarily engaged in providing services to people with disabilities are the department of labor, office for the aging, division of veterans' affairs, office of mental health, office of voca- tional and educational services for individuals with disabilities, commission on quality of care for the mentally disabled, office of mental retardation and developmental disabilities, commission for the blind [and visually handicapped], office of alcoholism and substance abuse services, the office of the advocate for the disabled and all offices which administer programs established or funded by such agen- cies. Additional state agencies designated as voter registration offices are the department of state and the division of workers' compensation. Such agencies shall be required to offer voter registration forms to persons upon initial application for services, renewal or recertif- ication for services and change of address relating to such services. Such agencies shall also be responsible for providing assistance to applicants in completing voter registration forms, receiving and trans- mitting the completed application form from all applicants who wish to have such form transmitted to the appropriate board of elections. The state board of elections shall, together with representatives of the department of defense, develop and implement procedures for including recruitment offices of the armed forces of the United States as voter registration offices when such offices are so designated by federal law. The state board shall also make request of the United States Immigration and Naturalization Service to include applications for registration by mail with any materials which are given to new citizens. All insti- tutions of the state university of New York and the city university of New York, shall, at the beginning of the school year, and again in Janu- ary of a year in which the president of the United States is to be elected, provide an application for registration to each student in each such institution. The state board of elections may, by regulation, grant a waiver from any or all of the requirements of this section to any office or program of an agency, if it determines that it is not feasible for such office or program to administer such requirement. S 12. Clause 9 of subparagraph (ii) of paragraph g of subdivision 3 of section 537 of the labor law, as added by chapter 551 of the laws of 2008, is amended to read as follows: (9) the commission for the blind [and visually handicapped] for the evaluation of the effect on earnings of participants, or former partic-
ipants, in employment and training programs for which the commission for the blind [and visually handicapped] has reporting, monitoring or evalu- ating responsibilities. S 13. Subparagraph (G) of paragraph (x) of subdivision (c) of section 1-c of the legislative law, as added by chapter 1 of the laws of 2005, is amended to read as follows: (G) Any activity relating to governmental procurements made under section one hundred sixty-two of the state finance law undertaken by (i) the non-profit-making agencies appointed pursuant to paragraph e of subdivision six of section one hundred sixty-two of the state finance law by the commissioner of the office of children and family services, the commission for the blind [and visually handicapped], or the commis- sioner of education, and (ii) the qualified charitable non-profit-making agencies for the blind, and qualified charitable non-profit-making agen- cies for other severely disabled persons as identified in subdivision two of section one hundred sixty-two of the state finance law; provided, however, that any attempt to influence the issuance or terms of the specifications that serve as the basis for bid documents, requests for proposals, invitations for bids, or solicitations of proposals, or any other method for soliciting a response from offerers intending to result in a procurement contract with a state agency, the state legislature, the unified court system, a municipal agency or local legislative body shall not be exempt from the definition of "lobbying" or "lobbying activities" under this subparagraph; S 14. Paragraphs (b) and (c) of subdivision 13 of section 3 of the public buildings law, as added by chapter 83 of the laws of 1995, are amended to read as follows: (b) Issue to the [state department of social] OFFICE OF CHILDREN AND FAMILY services a permit for any of the purposes mentioned in this subdivision to be operated by a blind person or persons as defined in subdivision four of section two hundred eight of the social services law or for the operation of vending machines and similar devices dispensing food, confections, tobacco products, coffee, tea, milk, soft drinks and such other articles as may be approved by him or her in consultation with the [department of social] OFFICE OF CHILDREN AND FAMILY services, for the benefit of the general purposes of the business enterprise program for the blind of the [state department of social] OFFICE OF CHILDREN AND FAMILY services commission for the blind [and visually handicapped], and upon such terms and conditions as the commissioner may deem proper but without provision for payment of rent or other consider- ation for such permits, and for a term not exceeding five years, which permit may be extended and renewed. Such permit shall include a provision authorizing the [department of social] OFFICE OF CHILDREN AND FAMILY services to assign or transfer such permit to a blind person or persons, as herein referred to, for the purposes aforesaid, and it shall also provide that the [department of social] OFFICE OF CHILDREN AND FAMILY services shall send to the commissioner a notice of any assign- ment or transfer as aforesaid, which notice shall contain such informa- tion as the commissioner shall require. The permit and any assignment or transfer thereof shall reserve (i) to the [department of social] OFFICE OF CHILDREN AND FAMILY services the power of supervision over the conduct and operation of the premises covered thereby and (ii) to the commissioner of general services the right to revoke such permit or the assignment or transfer thereof upon the mailing to the last known address of the assignee or assignees a notice of such revocation to be
effected within such period of time as the commissioner shall deem to be reasonable. (c) If he or she shall deem it necessary to cause the removal of a lessee, licensee or assignee from the demised premises, other than the New York state commission for the blind [and visually handicapped], or its licensee, the commissioner of general services shall cause the lessee, licensee or assignee and his or her representative to be removed therefrom and the possession to be delivered to the commissioner of general services in the same manner and by the same proceedings and before the same officers as provided for in article seven of the real property actions and proceedings law. The proceedings shall be brought in the name of the commissioner of general services as an agent of the state. If any person proceeded against shall contest the petition by an answer raising any material issue the attorney general shall be noti- fied, and he or she thereafter shall represent the petitioner in the proceedings. S 15. Subdivision 2 of section 459 of the real property tax law, as added by chapter 200 of the laws of 1983, and as further amended by section 1 of part W of chapter 56 of the laws of 2010, is amended to read as follows: 2. To qualify as physically disabled for the purposes of this section, an individual shall submit to the assessor a certified statement from a physician licensed to practice in the state on a form prescribed and made available by the commissioner which states that the individual has a permanent physical impairment which substantially limits one or more of such individual's major life activities, except that an individual who has obtained a certificate from the state commission for the blind [and visually handicapped] stating that such individual is legally blind may submit such certificate in lieu of a physician's certified state- ment. S 16. Subdivision 2 of section 459-b of the real property tax law, as amended by section 51 of part A-1 of chapter 56 of the laws of 2010, and as further amended by section 1 of part W of chapter 56 of the laws of 2010, is amended to read as follows: 2. To qualify as a physically disabled crime victim or good samaritan for the purposes of this section, an individual shall submit to the assessor a certified statement from a physician licensed to practice in the state of New York on a form prescribed and made available by the commissioner which states that the individual has a permanent physical impairment which substantially limits one or more of such individual's major life activities, except that an individual who has obtained a certificate from the state commission for the blind [and visually hand- icapped] stating that such individual is legally blind may submit such certificate in lieu of a physician's certified statement. In addition, a copy of a police report pertaining to the crime from which the injury resulted, a report from the office of victim services or other evidence or documentation which would tend to substantiate that a physical disa- bility was inflicted upon an individual as the result of a crime shall also be submitted to the assessor. S 17. Paragraph (b) of subdivision 2 of section 459-c of the real property tax law, as amended by chapter 353 of the laws of 2009, is amended to read as follows: (b) a person with a disability is one who has a physical or mental impairment, not due to current use of alcohol or illegal drug use, which substantially limits such person's ability to engage in one or more major life activities, such as caring for one's self, performing manual
tasks, walking, seeing, hearing, speaking, breathing, learning and work- ing, and who (i) is certified to receive social security disability insurance (SSDI) or supplemental security income (SSI) benefits under the federal Social Security Act, or (ii) is certified to receive Rail- road Retirement Disability benefits under the federal railroad Retire- ment Act, or (iii) has received a certificate from the state commission for the blind [and visually handicapped] stating that such person is legally blind, or (iv) is certified to receive a United States Postal Service disability pension, or (v) is certified to receive a United States department of veterans affairs disability pension pursuant to 38 U.S.C. S1521. An award letter from the Social Security Administration or the Rail- road Retirement Board, or a certificate from the state commission for the blind [and visually handicapped], or an award letter from the United States Postal Service, or an award letter from the United States depart- ment of veterans affairs shall be submitted as proof of disability. S 18. Section 38 of the social services law, as amended by chapter 520 of the laws of 1977, is amended to read as follows: S 38. Commission for the blind [and visually handicapped]. The New York state commission for the blind [and visually handicapped] shall continue to exercise and perform its duties, as prescribed by law, and the regulations of the [department] OFFICE OF CHILDREN AND FAMILY SERVICES subject to the supervision and control of the commissioner; and such commission shall be a bureau of the [department] OFFICE OF CHILDREN AND FAMILY SERVICES. S 19. Subparagraph 9 of paragraph a of subdivision 3 of section 139-j of the state finance law, as amended by chapter 4 of the laws of 2010, is amended to read as follows: (9) Any communications relating to a governmental procurement made under section one hundred sixty-two of the state finance law undertaken by (i) the non-profit-making agencies appointed pursuant to paragraph e of subdivision six of section one hundred sixty-two of the state finance law by the commissioner of the office of children and family services, the commission for the blind [and visually handicapped], or the commis- sioner of education, and (ii) the qualified charitable non-profit-making agencies for the blind, and qualified charitable non-profit-making agen- cies for other severely disabled persons as identified in subdivision two of section one hundred sixty-two of this chapter; provided, however, that any communications which attempt to influence the issuance or terms of the specifications that serve as the basis for bid documents, requests for proposals, invitations for bids, or solicitations of proposals, or any other method for soliciting a response from offerers intending to result in a procurement contract with a state agency, the state legislature, the unified court system, a municipal agency or local legislative body shall not be exempt from the provisions of this para- graph; provided, however, that nothing in this subdivision shall be construed as recognizing or creating any new rights, duties or responsibilities or abrogating any existing rights, duties or responsibilities of any governmental entity as it pertains to implementation and enforcement of article eleven of this chapter or any other provision of law dealing with the governmental procurement process, and that nothing in this subdivision shall be interpreted to limit the authority of a govern- mental entity involved in a government procurement by exercise of an oversight function from providing information to offerers regarding the status of the review, oversight, or approval of a governmental procure-
ment that has been submitted to or is under review by that governmental entity. S 20. Paragraph e of subdivision 6 of section 162 of the state finance law, as added by chapter 83 of the laws of 1995, is amended to read as follows: e. The [state] commissioner of [social services] THE OFFICE OF CHIL- DREN AND FAMILY SERVICES shall appoint the New York state commission for the blind [and visually handicapped], or other non-profit-making agency, other than the agency representing the other severely disabled, to facilitate the distribution of orders among qualified non-profit-making charitable agencies for the blind. The state commissioner of education shall appoint a non-profit-making agency, other than the agency repres- enting the blind, to facilitate the distribution of orders among quali- fied non-profit-making charitable agencies for the other severely disa- bled and the veterans' workshops. The state commissioner of mental health shall facilitate the distribution of orders among qualified special employment programs operated or approved by the office of mental health serving mentally ill persons. S 21. Subdivision 6 of section 171-a of the tax law, as added by chap- ter 656 of the laws of 1999, is amended to read as follows: (6) Notwithstanding any provision of law to the contrary, the commis- sioner shall enter into a cooperative agreement with the office of voca- tional and educational services for individuals with disabilities of the education department, the commission for the blind [and visually hand- icapped] and any other state vocational rehabilitation agency, which agreement shall provide for the utilization of information obtained pursuant to subdivision one of this section, for purposes of obtaining reimbursement from the federal social security administration for expenditures made by such office, commission or agency on behalf of disabled individuals who have achieved economic self-sufficiency. S 22. Paragraph 3 of subdivision (e) of section 697 of the tax law, as amended by chapter 206 of the laws of 2011, is amended to read as follows: (3) Nothing herein shall be construed to prohibit the department, its officers or employees from furnishing information to the office of temporary and disability assistance relating to the payment of the cred- it for certain household and dependent care services necessary for gain- ful employment under subsection (c) of section six hundred six of this article and the earned income credit under subsection (d) of section six hundred six of this article and the enhanced earned income credit under subsection (d-1) of section six hundred six of this article, or pursuant to a local law enacted by a city having a population of one million or more pursuant to subsection (f) of section thirteen hundred ten of this chapter, only to the extent necessary to calculate qualified state expenditures under paragraph seven of subdivision (a) of section four hundred nine of the federal social security act or to document the prop- er expenditure of federal temporary assistance for needy families funds under section four hundred three of such act. The office of temporary and disability assistance may redisclose such information to the United States department of health and human services only to the extent neces- sary to calculate such qualified state expenditures or to document the proper expenditure of such federal temporary assistance for needy fami- lies funds. Nothing herein shall be construed to prohibit the delivery by the commissioner to a commissioner of jurors, appointed pursuant to section five hundred four of the judiciary law, or, in counties within cities having a population of one million or more, to the county clerk
of such county, of a mailing list of individuals to whom income tax forms are mailed by the commissioner for the sole purpose of compiling a list of prospective jurors as provided in article sixteen of the judici- ary law. Provided, however, such delivery shall only be made pursuant to an order of the chief administrator of the courts, appointed pursuant to section two hundred ten of the judiciary law. No such order may be issued unless such chief administrator is satisfied that such mailing list is needed to compile a proper list of prospective jurors for the county for which such order is sought and that, in view of the responsi- bilities imposed by the various laws of the state on the department, it is reasonable to require the commissioner to furnish such list. Such order shall provide that such list shall be used for the sole purpose of compiling a list of prospective jurors and that such commissioner of jurors, or such county clerk, shall take all necessary steps to insure that the list is kept confidential and that there is no unauthorized use or disclosure of such list. Furthermore, nothing herein shall be construed to prohibit the delivery to a taxpayer or his or her duly authorized representative of a certified copy of any return or report filed in connection with his or her tax or to prohibit the publication of statistics so classified as to prevent the identification of partic- ular reports or returns and the items thereof, or the inspection by the attorney general or other legal representatives of the state of the report or return of any taxpayer or of any employer filed under section one hundred seventy-one-h of this chapter, where such taxpayer or employer shall bring action to set aside or review the tax based there- on, or against whom an action or proceeding under this chapter or under this chapter and article eighteen of the labor law has been recommended by the commissioner, the commissioner of labor with respect to unemploy- ment insurance matters, or the attorney general or has been instituted, or the inspection of the reports or returns required under this article by the comptroller or duly designated officer or employee of the state department of audit and control, for purposes of the audit of a refund of any tax paid by a taxpayer under this article, or the furnishing to the state department of labor of unemployment insurance information obtained or derived from quarterly combined withholding, wage reporting and unemployment insurance returns required to be filed by employers pursuant to paragraph four of subsection (a) of section six hundred seventy-four of this article, for purposes of administration of such department's unemployment insurance program, employment services program, federal and state employment and training programs, employment statistics and labor market information programs, worker protection programs, federal programs for which the department has administrative responsibility or for other purposes deemed appropriate by the commis- sioner of labor consistent with the provisions of the labor law, and redisclosure of such information in accordance with the provisions of sections five hundred thirty-six and five hundred thirty-seven of the labor law or any other applicable law, or the furnishing to the state office of temporary and disability assistance of information obtained or derived from New York state personal income tax returns as described in paragraph (b) of subdivision two of section one hundred seventy-one-g of this chapter for the purpose of reviewing support orders enforced pursu- ant to title six-A of article three of the social services law to aid in the determination of whether such orders should be adjusted, or the furnishing of information obtained from the reports required to be submitted by employers regarding newly hired or re-hired employees pursuant to section one hundred seventy-one-h of this chapter to the
state office of temporary and disability assistance, the state depart- ment of health, the state department of labor and the workers' compen- sation board for purposes of administration of the child support enforcement program, verification of individuals' eligibility for one or more of the programs specified in subsection (b) of section eleven hundred thirty-seven of the federal social security act and for other public assistance programs authorized by state law, and administration of the state's employment security and workers' compensation programs, and to the national directory of new hires established pursuant to section four hundred fifty-three-A of the federal social security act for the purposes specified in such section, or the furnishing to the state office of temporary and disability assistance of the amount of an overpayment of income tax and interest thereon certified to the comp- troller to be credited against past-due support pursuant to section one hundred seventy-one-c of this chapter and of the name and social securi- ty number of the taxpayer who made such overpayment, or the disclosing to the commissioner of finance of the city of New York, pursuant to section one hundred seventy-one-l of this chapter, of the amount of an overpayment and interest thereon certified to the comptroller to be credited against a city of New York tax warrant judgment debt and of the name and social security number of the taxpayer who made such overpay- ment, or the furnishing to the New York state higher education services corporation of the amount of an overpayment of income tax and interest thereon certified to the comptroller to be credited against the amount of a default in repayment of any education loan debt, including judg- ments, owed to the federal or New York state government that is being collected by the New York state higher education services corporation, and of the name and social security number of the taxpayer who made such overpayment, or the furnishing to the state department of health of the information required by paragraph (f) of subdivision two and subdivision two-a of section two thousand five hundred eleven of the public health law and by subdivision eight of section three hundred sixty-six-a and paragraphs (b) and (d) of subdivision two of section three hundred sixty-nine-ee of the social services law, or the furnishing to the state university of New York or the city university of New York respectively or the attorney general on behalf of such state or city university the amount of an overpayment of income tax and interest thereon certified to the comptroller to be credited against the amount of a default in repay- ment of a state university loan pursuant to section one hundred seven- ty-one-e of this chapter and of the name and social security number of the taxpayer who made such overpayment, or the disclosing to a state agency, pursuant to section one hundred seventy-one-f of this chapter, of the amount of an overpayment and interest thereon certified to the comptroller to be credited against a past-due legally enforceable debt owed to such agency and of the name and social security number of the taxpayer who made such overpayment, or the furnishing of employee and employer information obtained through the wage reporting system, pursu- ant to section one hundred seventy-one-a of this chapter, as added by chapter five hundred forty-five of the laws of nineteen hundred seven- ty-eight, to the state office of temporary and disability assistance, the department of health or to the state office of the medicaid inspec- tor general for the purpose of verifying eligibility for and entitlement to amounts of benefits under the social services law or similar law of another jurisdiction, locating absent parents or other persons legally responsible for the support of applicants for or recipients of public assistance and care under the social services law and persons legally
responsible for the support of a recipient of services under section one hundred eleven-g of the social services law and, in appropriate cases, establishing support obligations pursuant to the social services law and the family court act or similar provision of law of another jurisdiction for the purpose of evaluating the effect on earnings of participation in employment, training or other programs designed to promote self-suffici- ency authorized pursuant to the social services law by current recipi- ents of public assistance and care and by former applicants and recipi- ents of public assistance and care, (except that with regard to former recipients, information which relates to a particular former recipient shall be provided with client identifying data deleted), to the state office of temporary and disability assistance for the purpose of deter- mining the eligibility of any child in the custody, care and custody or custody and guardianship of a local social services district or of the office of children and family services for federal payments for foster care and adoption assistance pursuant to the provisions of title IV-E of the federal social security act by providing information with respect to the parents, the stepparents, the child and the siblings of the child who were living in the same household as such child during the month that the court proceedings leading to the child's removal from the household were initiated, or the written instrument transferring care and custody of the child pursuant to the provisions of section three hundred fifty-eight-a or three hundred eighty-four-a of the social services law was signed, provided however that the office of temporary and disability assistance shall only use the information obtained pursu- ant to this subdivision for the purpose of determining the eligibility of such child for federal payments for foster care and adoption assist- ance pursuant to the provisions of title IV-E of the federal social security act, and to the state department of labor, or other individuals designated by the commissioner of labor, for the purpose of the adminis- tration of such department's unemployment insurance program, employment services program, federal and state employment and training programs, employment statistics and labor market information programs, worker protection programs, federal programs for which the department has administrative responsibility or for other purposes deemed appropriate by the commissioner of labor consistent with the provisions of the labor law, and redisclosure of such information in accordance with the provisions of sections five hundred thirty-six and five hundred thirty- seven of the labor law, or the furnishing of information, which is obtained from the wage reporting system operated pursuant to section one hundred seventy-one-a of this chapter, as added by chapter five hundred forty-five of the laws of nineteen hundred seventy-eight, to the state office of temporary and disability assistance so that it may furnish such information to public agencies of other jurisdictions with which the state office of temporary and disability assistance has an agreement pursuant to paragraph (h) or (i) of subdivision three of section twenty of the social services law, and to the state office of temporary and disability assistance for the purpose of fulfilling obligations and responsibilities otherwise incumbent upon the state department of labor, under section one hundred twenty-four of the federal family support act of nineteen hundred eighty-eight, by giving the federal parent locator service, maintained by the federal department of health and human services, prompt access to such information as required by such act, or to the state department of health to verify eligibility under the child health insurance plan pursuant to subdivisions two and two-a of section two thousand five hundred eleven of the public health law, to verify
eligibility under the medical assistance and family health plus programs pursuant to subdivision eight of section three hundred sixty-six-a and paragraphs (b) and (d) of subdivision two of section three hundred sixty-nine-ee of the social services law, and to verify eligibility for the program for elderly pharmaceutical insurance coverage under title three of article two of the elder law, or to the office of vocational and educational services for individuals with disabilities of the educa- tion department, the commission for the blind [and visually handicapped] and any other state vocational rehabilitation agency, for purposes of obtaining reimbursement from the federal social security administration for expenditures made by such office, commission or agency on behalf of disabled individuals who have achieved economic self-sufficiency or to the higher education services corporation for the purpose of assisting the corporation in default prevention and default collection of educa- tion loan debt, including judgments, owed to the federal or New York state government; provided, however, that such information shall be limited to the names, social security numbers, home and/or business addresses, and employer names of defaulted or delinquent student loan borrowers, or to the office of the state comptroller for purposes of verifying the income of a retired member of a retirement system or pension plan administered by the state or any of its political subdivi- sions who returns to public employment. Provided, however, that with respect to employee information the office of temporary and disability assistance shall only be furnished with the names, social security account numbers and gross wages of those employees who are (A) applicants for or recipients of benefits under the social services law, or similar provision of law of another jurisdiction (pursuant to an agreement under subdivision three of section twenty of the social services law) or, (B) absent parents or other persons legally responsible for the support of applicants for or recipients of public assistance and care under the social services law or similar provision of law of another jurisdiction (pursuant to an agreement under subdivi- sion three of section twenty of the social services law), or (C) persons legally responsible for the support of a recipient of services under section one hundred eleven-g of the social services law or similar provision of law of another jurisdiction (pursuant to an agreement under subdivision three of section twenty of the social services law), or (D) employees about whom wage reporting system information is being furnished to public agencies of other jurisdictions, with which the state office of temporary and disability assistance has an agreement pursuant to paragraph (h) or (i) of subdivision three of section twenty of the social services law, or (E) employees about whom wage reporting system information is being furnished to the federal parent locator service, maintained by the federal department of health and human services, for the purpose of enabling the state office of temporary and disability assistance to fulfill obligations and responsibilities other- wise incumbent upon the state department of labor, under section one hundred twenty-four of the federal family support act of nineteen hundred eighty-eight, and, only if, the office of temporary and disabil- ity assistance certifies to the commissioner that such persons are such applicants, recipients, absent parents or persons legally responsible for support or persons about whom information has been requested by a public agency of another jurisdiction or by the federal parent locator service and further certifies that in the case of information requested under agreements with other jurisdictions entered into pursuant to subdivision three of section twenty of the social services law, that
such request is in compliance with any applicable federal law. Provided, further, that where the office of temporary and disability assistance requests employee information for the purpose of evaluating the effects on earnings of participation in employment, training or other programs designed to promote self-sufficiency authorized pursuant to the social services law, the office of temporary and disability assistance shall only be furnished with the quarterly gross wages (excluding any refer- ence to the name, social security number or any other information which could be used to identify any employee or the name or identification number of any employer) paid to employees who are former applicants for or recipients of public assistance and care and who are so certified to the commissioner by the commissioner of the office of temporary and disability assistance. Provided, further, that with respect to employee information, the department of health shall only be furnished with the information required pursuant to the provisions of paragraph (f) of subdivision two and subdivision two-a of section two thousand five hundred eleven of the public health law and subdivision eight of section three hundred sixty-six-a and paragraphs (b) and (d) of subdivision two of section three hundred sixty-nine-ee of the social services law, with respect to those individuals whose eligibility under the child health insurance plan, medical assistance program, and family health plus program is to be determined pursuant to such provisions and with respect to those members of any such individual's household whose income affects such individual's eligibility and who are so certified to the commis- sioner or by the department of health. Provided, further, that wage reporting information shall be furnished to the office of vocational and educational services for individuals with disabilities of the education department, the commission for the blind [and visually handicapped] and any other state vocational rehabilitation agency only if such office, commission or agency, as applicable, certifies to the commissioner that such information is necessary to obtain reimbursement from the federal social security administration for expenditures made on behalf of disa- bled individuals who have achieved self-sufficiency. Reports and returns shall be preserved for three years and thereafter until the commissioner orders them to be destroyed. S 23. Terms occurring in laws, contract and other documents. Notwith- standing any provision of law to the contrary, whenever the functions, powers, obligations, duties, rights, remedies and officials relating to the commission for the blind and visually handicapped are referred to or designated in any other law, regulation, contract or document, such reference or designation shall be deemed to refer to the appropriate functions, powers, obligations, duties, rights and remedies or officials of the commission for the blind, as designated by this act. S 24. Existing rights and remedies preserved. Notwithstanding any provision of law to the contrary, no existing right or remedy of any character shall be lost, impaired or affected by reason of this act. S 25. Severability. If any clause, sentence, paragraph, subdivision, section or part contained in any part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivi- sion, section or part contained in any part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein.
S 26. This act shall take effect immediately, provided however, that if this act is enacted before April 1, 2013, it shall take effect on April 1, 2013; and provided, further that the amendments to subdivision 3 of section 139-j of the state finance law made by section nineteen of this act shall not affect the repeal of such section and shall be deemed to repeal therewith.

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