S. 4540 2
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-
S. 4540 3
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
S. 4540 4
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
S. 4540 5
(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-
S. 4540 6
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
S. 4540 7
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
S. 4540 8
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-
S. 4540 9
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
S. 4540 10
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
S. 4540 11
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
S. 4540 12
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
S. 4540 13
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
S. 4540 14
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. 4540 15
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.