S T A T E   O F   N E W   Y O R K
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                                  3430

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 18, 2009
                               ___________

Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend chapter 415 of the laws of 1913, relating to  establish-
  ing  a  state  commission  for  the blind and visually handicapped, in
  relation to the operation of vending facilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph (A) of paragraph 3 of subdivision b of section
11-a  of  chapter  415  of  the laws of 1913, relating to establishing a
state commission for the blind and visually  handicapped,  as  added  by
chapter 693 of the laws of 1992, is amended to read as follows:
  (A)  Wherever  feasible,  permits shall be issued to the department of
social 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  EXECUTIVES 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  2. Subparagraph (B) of paragraph 3 of subdivision c of section 11-a
of chapter 415 of the laws of 1913, relating  to  establishing  a  state
commission  for  the blind and visually handicapped, as added by chapter
693 of the laws of 1992, is amended to read as follows:
  (B) The provisions of this section shall not apply [(1) where  to  the
number  of  state  employees  (including employees of a state department
agency or instrumentality) regularly employed at a site is  to  be  less
than  four  hundred  or  (2)  to property of the state university of New
York, the department of correctional services  or  the  New  York  state
thruway  authority  or  (3)] where prior to the execution of such lease,
the lessor or any  tenant  has  had  in  operation  a  vending  facility
(regardless  of  the  operator  thereof)  in  a part of the building not

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09904-02-9
              

S. 3430                             2

included in such lease and the operation of  a  vending  facility  by  a
blind  person  would  be in proximate and substantial direct competition
with such vending facility except that each such department,  agency  or
instrumentality  shall  give  due  consideration  to leasing property in
privately owned buildings capable of accommodating  a  vending  facility
and shall give due consideration to providing for the lease of a vending
facility  and shall give due consideration to providing for the lease of
a vending facility not operated by a blind person to be  made  available
to  a  blind  person  upon  the vacating of such facility by the current
operator. Current arrangements by a state department, agency or  instru-
mentality,  as to property occupied by it, subject to a term of years or
other time limitation, shall not be affected by this section during  the
period of such term or other time limitation.
  S 3. This act shall take effect immediately.