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§§ 1202-1204.

Rehabilitation,

L. 1920, ch. 760. 2. "Rehabilitation" shall mean the rendering of a person physically handicapped fit to engage in a remunerative occupation.

3. "Residing in the state of New York" shall mean any citizen of the United States or any person who has declared his intention of becoming a citizen who is and has been domiciled within the state for one year or

more.

4. "Commission" shall mean the advisory commission for the rehabilitation of physically handicapped persons. (Added by L. 1920, ch. 760, in effect May 13, 1920.)

§ 1202. Limitation of article. This article shall not apply to:

1. Aged or helpless persons requiring permanent custodial care, or blind persons under the care of the state commission for the blind; or

2. Any person in any state institution or confined in any correctional or penal institution; or

3. Epileptic or feeble-minded persons or to any person who, in the judgment of the commissioner of education, may not be susceptible of rehabilitation; or

4. Persons of the age of fourteen years and under. (Added by L. 1920, ch. 760, in effect May 13, 1920.)

§ 1203. State advisory commission for the rehabilitation of handicapped persons. There is hereby created an advisory commission for the rehabilitation of physically handicapped persons, to be composed of the commissioner of education, who shall be chairman, of a member of the state industrial commission to be designated annually by the governor, and of the commissioner of health. Any member of the commission may designate an officer in his department to represent him on the commission and the acts of such officer shall be deemed to be the acts of the person who designated him. The commissioner of education shall designate the officer of the department of education charged with the administration of this act to act as secretary to the commission. (Added by L. 1920, ch. 760, in effect May 13, 1920.)

§ 1204. Power of commission.-The commission shall have power:

1. To prepare a plan for co-operation between the industrial commission and the department of education which shall be submitted to the industrial commission and to the board of regents of the university.

To arrange any differences that may arise between departments charged with any duties under this act.

3. To arrange for such therapeutic treatment as may be necessary for the rehabilitation of any physically handicapped persons who have registered with the department of education, except persons who are entitled to such treatment under the workmen's compensation law.

4. To provide maintenance cost during actual training for physically

L. 1920, ch. 760.

Rehabilitation.

88 1205-1208.

handicapped persons registered for rehabilitation, except persons entitled to maintenance under the workmen's compensation law; provided, that when the payment of maintenance costs is authorized by the commission, it shall not exceed ten dollars per week, and the period during which it is paid shall not exceed twenty weeks, unless an extension of time is granted by unanimous vote of the commission.

5.

To arrange for co-operation between the bureau of employment of the department of labor and the department of education in securing employment for handicapped persons to the end that duplication be avoided.

6. To make all necessary rules and regulations for the purpose of carrying out this article which affect more than one department. (Added by L. 1920, ch. 760, in effect May 13, 1920.)

§ 1205. Duty of the industrial commission. The industrial commission shall:

1. Report to the department of education all reports made to it of cases of injuries received by employees which may result in rendering the person, in the judgment of the industrial commission, in need of rehabilitation.

2. Co-operate with the department of education in carrying out this article. (Added by L. 1920, ch. 760, in effect May 13, 1920.)

§ 1206. Duty of department of health. The department of health shall: 1. Arrange with all public private hospitals, clinics, and dispensaries and with practicing physicians to send to the department of education prompt and complete reports of any persons under treatment in such hospitals, clinics, or dispensaries, or by such physicians, for any injury or disease that may render them physically handicapped.

2. Arrange with health officers to send to the department of education prompt and complete reports to any persons who in the course of their official duties they find to be suffering from any injury or disease that may render them physically handicapped, if such persons have not already been reported.

Make physical examinations of any persons applying for or reported as needing rehabilitation, except persons reported by the industrial commission. (Added by L. 1920, ch. 760, in effect May 13, 1920.)

§ 1207. Application for rehabilitation.-Any physically handicapped person residing within the state may apply to the department of education for advice and assistance regarding his rehabilitation. (Added by L. 1920, ch. 760, in effect May 13, 1920.)

§ 1208. Duty of the department of education.-It shall be the duty of the department of education:

1.

To provide that all persons reported to it or making application to

§ 1209.

Rehabilitation.

L. 1920, ch. 760.

it as physically handicapped shall be promptly visited by its representative who shall report upon their condition to the department, which shall then determine whether the person is susceptible of rehabilitation. Any person found susceptible shall be acquainted with the rehabilitation facilities offered by the state and the benefits of entering upon remunerative work at an early date. Any person who chooses to take advantage of the rehabilitation facilities shall be registered with the department and a record kept of every such person and the measures taken for his rehabilitation. The education department shall proffer to any such person counsel regarding the selection of a suitable vocation and an appropriate course of training, and shall initiate definite plans for beginning rehabilitation as soon as the physical condition of the person permits.

2. To arrange for special training courses in the public schools in the state, in selected occupations for physically handicapped persons.

3. To arrange with any private or commercial educational institution for training courses in selected occupations for physically handicapped persons.

4. To arrange with any public or private establishment or any employer for training courses in selected occupations of physically handicapped per

sons.

5. To arrange for social service for the visiting of physically handicapped persons and of their families in their homes during the period of treatment and training and after its completion, to give advice regarding any matter that may affect rehabilitation.

6. To aid physically handicapped persons in securing such employment as will facilitate their training or will be suitable to their condition. 7. To procure and furnish at cost to physically handicapped persons artificial limbs and other orthopedic and prosthetic appliances, to be paid for in installments, when such appliances cannot be otherwise provided. The proceeds of the sale thereof shall be paid to the treasurer of the state and shall be held by him in a special fund for the purposes of this subdivision. Payments from this fund shall be made at the direction of the commissioner of education.

8. To make surveys with the co-operation of the industrial commission and the department of health, to ascertain the number and conditions of physically handicapped persons within the state.

9. To make such studies as may be helpful for the operation of this act.

10. To co-operate with any department of the government of the state of New York or with any county or other municipal authorities within the state, or with any private agency, in the operation of this act. (Added by L. 1920, ch. 760, in effect May 13, 1920.)

§ 1209. Gifts and donations.-The department is authorized to receive

L. 1920, ch. 760

Rehabilitation.

§ 1210.

gifts and donations for the purpose of this article which may be offered unconditionally. All money received as gifts or donations shall be paid to the state treasurer and shall constitute a special fund to be used under the direction of the department for the purpose of this act. A full report of all such gifts and donations, together with the names of the donors, the amounts contributed by each and all disbursements therefrom shall be submitted annually to the legislature as part of the report of the department. (Added by L. 1920, ch. 760, in effect May 13, 1920.)

§ 1210. Acceptance of law of the United States.-The state of New York, through its legislative authority:

1. Accepts the provisions of any law of the United States making appropriation to be apportioned among the states for vocational rehabilitation of disabled persons;

2. Empowers and directs the board of regents of the university, hereby designated the New York state board for vocational education, to cooperate with such agency as the federal government shall designate to carry out the purposes of such law;

3.

Appoints the state treasurer as custodian of all money given to the state by the United States under the authority of such law, and such money shall be paid out in the manner provided by such act for the purposes therein specified;

4. Authorizes the board of regents of the university as the state board for vocational education and the industrial commission to formulate a plan of co-operation in accordance with this act, which shall be effective when approved by the governor of the state.

L. 1920, ch. 760, § 3.-The sum of seventy-five thousand dollars ($75,000) is hereby appropriated to the department of education for the purposes of this act, which shall be in addition to any moneys allotted to the state for a similar purpose by the government of the United States. The appropriations may be used for the payment of salaries, reasonable traveling and other expenses, including purchase of necessary office furniture and stationery and tuition fees; books and supplies and traveling expenses of persons receiving training.

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Subd. 4.-It is doubtless true that this subdivision excepts town, village and school district primaries from the provisions of the General Election Law, that is, it opens the door for members of a party to vote at a town primary, although not enrolled as such. Matter of Moore (1919), 108 Misc. 570, 177 N. Y. Supp. 833.

§ 3. Definitions.-4. The term "fall primary" means the official primary election held on the seventh Tuesday before the general election. (Subd. amended by L. 1918, ch. 298, and L. 1920, ch. 878, in effect May 21, 1920.)

9. The term "party" means any political organization which at the last preceding election for governor polled at least fifteen thousand votes for governor. (Subd. amended by L. 1918, ch. 323.)

15. The term "independent body" means any organization or association of citizens which, by independent certificate, nominates candidates for office to be voted for at a general, special or village election, or town meeting, and which, if such independent body nominated a candidate for governor at the preceding general election of a governor, did not poll at least fifteen thousand votes for its candidate for such office. (Subd. amended by L. 1918, ch. 323.)

20. The term "poll-book" or "primary poll-book," when applied to such a book to be used at a general election or spring or fall primary, outside of a city of over one million inhabitants, means the appropriate poll-book section of the register. (Added by L. 1919, ch. 504, in place of former subd. 20, repealed by same act.)

21. Words of the masculine gender include the feminine; and this rule of construction shall not be impaired or affected by the fact that appropriate words are used in certain sections or parts thereof to indicate specifically the masculine and the feminine. (Subd. added by L. 1918, ch. 323.)

§ 4. Delivery of enrollment books.-Repealed by L. 1919, ch. 504.

§ 5. Enrollment books, where registers do not include enrollments.(Repealed by L. 1919, ch. 504.)

§ 7. Enrollment blanks.-There shall also be prepared by the custodian of primary records at public expense, to be borne in the same manner as the expense of furnishing official ballots, and delivered by such custodian. with the enrollment books, such number of enrollment blanks for each

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