S T A T E   O F   N E W   Y O R K
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                                  1491

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. WRIGHT, TOWNS, BENJAMIN, ESPAILLAT -- Multi-Spon-
  sored by -- M. of A.  BOYLAND, COLTON, LAVINE, WEISENBERG -- read once
  and referred to the Committee on Health

AN  ACT  to  amend  the public health law, in relation to establishing a
  vision care program; and to amend the vehicle and traffic law and  the
  state finance law, in relation to establishing the save our sight fund

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

  Section 1.  The public health law is amended by adding a  new  article
27-M to read as follows:
                              ARTICLE 27-M
                           VISION CARE PROGRAM
SECTION 2799-AA. SPECIAL PROGRAMS WITH RESPECT TO PROPER VISION CARE.
        2799-BB. COUNCIL.
  S  2799-AA.  SPECIAL  PROGRAMS WITH RESPECT TO PROPER VISION CARE. THE
COMMISSIONER SHALL ESTABLISH, WITHIN THE DEPARTMENT, A PROGRAM TO IMPLE-
MENT A VOLUNTARY CHILDREN'S VISION SCREENING, TRAINING AND CERTIFICATION
PROGRAM FOR VOLUNTEERS,  CHILD  DAY-CARE  PROVIDERS,  NURSES,  TEACHERS,
MEDICAL  DOCTORS  PRACTICING IN PRIMARY CARE SETTINGS AND OTHERS SERVING
CHILDREN TO PROMOTE EDUCATION REGARDING PROPER VISION CARE. THIS PROGRAM
SHALL BE ESTABLISHED TO PROMOTE PUBLIC AWARENESS REGARDING PROPER VISION
CARE, THE VALUE OF EARLY DETECTION OF VISION  PROBLEMS  AND  APPROPRIATE
TREATMENTS.  TO CARRY OUT THE PURPOSES OF THIS SECTION, THE COMMISSIONER
SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
  1. TO DEVELOP AND IMPLEMENT A REGISTRY  AND  TARGETED  VOLUNTARY  CASE
MANAGEMENT  FOR  PROBLEMS,  ILLNESSES AND DISEASES OF THE EYE, INCLUDING
BUT NOT LIMITED TO, AMBLYOPIA, TO DETERMINE WHETHER CHILDREN  WITH  SUCH
ILLNESSES OR DISEASES OF THE EYE ARE RECEIVING PROFESSIONAL EYE CARE AND
TO  PROVIDE  THEIR  PARENTS WITH INFORMATION AND SUPPORT REGARDING THEIR
CHILD'S VISION CARE. FOR PURPOSES OF  THIS  SECTION,  "AMBLYOPIA"  SHALL

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

                                                           LBD00423-01-9

A. 1491                             2

MEAN  REDUCED VISION IN AN EYE THAT HAS NOT RECEIVED ADEQUATE USE DURING
EARLY CHILDHOOD;
  2. TO ESTABLISH A MATCHING GRANT PROGRAM FOR THE PURCHASE AND DISTRIB-
UTION OF PROTECTIVE EYEWEAR TO CHILDREN;
  3. TO PROVIDE VISION HEALTH, EDUCATION AND SAFETY PROGRAMS, AND DEVEL-
OP  AND  DISTRIBUTE  INFORMATIONAL  MATERIALS  FOR THE PURPOSE OF PUBLIC
AWARENESS OF THE BENEFITS OF HEALTHY AND PREVENTATIVE VISION CARE.  SUCH
INFORMATIONAL MATERIAL SHALL BE DISTRIBUTED TO, INCLUDING BUT NOT LIMIT-
ED  TO, THE COMMISSIONER OF MOTOR VEHICLES TO PROMOTE VOLUNTARY CONTRIB-
UTIONS TO THE SAVE OUR SIGHT FUND BY PERSONS APPLYING  FOR  OR  RENEWING
THEIR  MOTOR  VEHICLE  REGISTRATIONS OR DRIVER'S LICENSE CONSISTENT WITH
THE REQUIREMENTS OF SECTION TWO HUNDRED TWENTY-FOUR-B OF THE VEHICLE AND
TRAFFIC LAW, AND TO  ELEMENTARY  CLASSROOMS  AND  LOCAL  DEPARTMENTS  OF
HEALTH;
  4.  TO ACCEPT AND EXPEND ANY GRANTS, AWARDS, OTHER FUNDS AND APPROPRI-
ATIONS AS MAY BE AVAILABLE FOR SUCH PURPOSES, SUBJECT TO THE LIMITATIONS
FOR THE APPROVAL OF EXPENDITURES AND AUDIT THEREOF AS PRESCRIBED BY  THE
STATE FINANCE LAW; AND
  5.  TO  ENTER  INTO  SUCH CONTRACTS, WITHIN THE AMOUNTS MADE AVAILABLE
THEREFOR, AS MAY BE  NECESSARY  TO  IMPLEMENT  THE  PROVISIONS  OF  THIS
SECTION.
  S  2799-BB.  COUNCIL. 1. THERE IS HEREBY CREATED A VISION CARE COUNCIL
TO ADVISE THE DEPARTMENT ON WAYS TO  DETECT  VISION  PROBLEMS,  POSSIBLE
TREATMENTS AND APPROPRIATE PREVENTIVE VISION CARE. IN CARRYING OUT THESE
FUNCTIONS, THE COUNCIL SHALL ASSIST THE DEPARTMENT IN THE DEVELOPMENT OF
EDUCATIONAL   MATERIALS   AND  THE  ESTABLISHMENT  OF  PUBLIC  AWARENESS
CAMPAIGNS. THE COUNCIL SHALL CONSIST OF TWELVE MEMBERS TO  BE  APPOINTED
WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION. SIX MEMBERS SHALL
BE  APPOINTED  BY  THE  GOVERNOR,  TWO MEMBERS SHALL BE APPOINTED BY THE
TEMPORARY PRESIDENT OF THE SENATE, TWO MEMBERS SHALL BE APPOINTED BY THE
SPEAKER OF THE ASSEMBLY, ONE MEMBER SHALL BE APPOINTED BY  THE  MINORITY
LEADER  OF  THE SENATE AND ONE MEMBER SHALL BE APPOINTED BY THE MINORITY
LEADER OF THE ASSEMBLY. THE GOVERNOR SHALL DESIGNATE THE  CHAIR  OF  THE
COUNCIL.  THE  MEMBERS OF THE COUNCIL SHALL INCLUDE REPRESENTATIVES FROM
OPHTHALMOLOGY, OPTOMETRY, TEACHING, NURSING, PEDIATRICS AND NOT-FOR-PRO-
FIT ORGANIZATIONS WHOSE PURPOSE INCLUDES EDUCATION AND DIRECT  COMMUNITY
SERVICE WHICH INCLUDES VISUAL SCREENING FOR THE GENERAL PUBLIC EMPHASIZ-
ING  THE  PRE-SCHOOL  POPULATION.   THE APPROPRIATE PROFESSIONAL ASSOCI-
ATIONS OF OPHTHALMOLOGY, OPTOMETRY,  TEACHING,  NURSING  AND  PEDIATRICS
SHALL MAKE RECOMMENDATIONS FOR APPOINTMENTS TO THE COUNCIL.
  2.  THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES, BUT SHALL BE  ALLOWED  THEIR  ACTUAL  AND  NECESSARY  EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES UNDER THIS SECTION.
  S  2.  The  vehicle and traffic law is amended by adding a new section
224-b to read as follows:
  S 224-B. SAVE OUR SIGHT FUND. 1.  THE  COMMISSIONER,  OR  HIS  OR  HER
AUTHORIZED AGENT, SHALL ASK EACH PERSON APPLYING FOR OR RENEWING A MOTOR
VEHICLE  REGISTRATION PURSUANT TO SECTION FOUR HUNDRED ONE OF THIS CHAP-
TER OR APPLYING FOR AN INITIAL OR RENEWAL LICENSE  PURSUANT  TO  ARTICLE
NINETEEN  OF THIS CHAPTER WHETHER SUCH PERSON WISHES TO MAKE A VOLUNTARY
ONE DOLLAR CONTRIBUTION TO THE SAVE OUR SIGHT FUND ESTABLISHED  PURSUANT
TO SECTION NINETY-TWO-FF OF THE STATE FINANCE LAW. EVERY APPLICATION AND
RENEWAL NOTICE FOR THE REGISTRATION OF A MOTOR VEHICLE SHALL INCLUDE THE
QUESTION OF WHETHER THE OWNER OF THE MOTOR VEHICLE AND EVERY APPLICATION
AND  RENEWAL  NOTICE  FOR  A  LICENSE  TO  OPERATE A MOTOR VEHICLE SHALL
INCLUDE THE QUESTION WHETHER THE APPLICANT WISHES TO  MAKE  A  VOLUNTARY

A. 1491                             3

ONE  DOLLAR CONTRIBUTION TO THE SAVE OUR SIGHT FUND ESTABLISHED PURSUANT
TO SECTION NINETY-TWO-FF OF THE  STATE  FINANCE  LAW.  THE  COMMISSIONER
SHALL ALSO MAKE AVAILABLE TO EACH SUCH PERSON INFORMATIONAL MATERIALS ON
THE IMPORTANCE OF EYE CARE AND SAFETY DISTRIBUTED BY THE COMMISSIONER OF
HEALTH PURSUANT TO ARTICLE TWENTY-SEVEN-M OF THE PUBLIC HEALTH LAW.
  2.  ALL  REVENUE COLLECTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION
SHALL, ON A QUARTERLY BASIS, BE FORWARDED BY  THE  COMMISSIONER  TO  THE
COMPTROLLER  FOR DEPOSIT IN THE SAVE OUR SIGHT FUND ESTABLISHED PURSUANT
TO SECTION NINETY-TWO-FF OF THE STATE FINANCE LAW.
  S 3. The state finance law is amended by adding a new section 92-ff to
read as follows:
  S 92-FF. SAVE OUR SIGHT FUND. 1. THERE IS HEREBY  ESTABLISHED  IN  THE
JOINT CUSTODY OF THE COMMISSIONER OF MOTOR VEHICLES AND THE COMPTROLLER,
A SPECIAL FUND TO BE KNOWN AS THE "SAVE OUR SIGHT FUND".
  2.  SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
OF MOTOR VEHICLES PURSUANT TO THE  PROVISIONS  OF  SECTION  TWO  HUNDRED
TWENTY-FOUR-B  OF  THE  VEHICLE  AND  TRAFFIC  LAW, AND ALL OTHER MONEYS
APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM  ANY  OTHER  FUND  OR
SOURCE  PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION SHALL PREVENT
THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE  PURPOSES  OF
THE  FUND  AS  DEFINED IN THIS SECTION AND DEPOSITING THEM INTO THE FUND
ACCORDING TO LAW.
  3. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR VISION CARE PROGRAMS.
AS USED  IN  THIS  SECTION,  "VISION  CARE  PROGRAMS"  MEAN  EDUCATIONAL
PROJECTS  ADMINISTERED  BY NOT-FOR-PROFIT ORGANIZATIONS, WHICH, PURSUANT
TO SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-AA OF THE PUBLIC HEALTH LAW,
ARE RECOMMENDED TO THE DEPARTMENT OF HEALTH FOR APPROVAL BY  THE  VISION
CARE COUNCIL, ESTABLISHED PURSUANT TO SECTION TWENTY-SEVEN HUNDRED NINE-
TY-NINE-BB OF THE PUBLIC HEALTH LAW.
  4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
OF HEALTH.
  5.  TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL ENSURE
THAT ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO  THE
END OF THAT FISCAL YEAR.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.