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

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.