S T A T E   O F   N E W   Y O R K
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                                  3124

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2013
                               ___________

Introduced by M. of A. WRIGHT -- Multi-Sponsored by -- M. of A. BOYLAND,
  COLTON,  LAVINE,  WEINSTEIN -- 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.
                                                           LBD00751-01-3

              

A. 3124                             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  PREVENTATIVE  VISION CARE. IN CARRYING OUT
THESE FUNCTIONS, THE COUNCIL SHALL ASSIST THE DEPARTMENT IN THE DEVELOP-
MENT 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-GG 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. 3124                             3

ONE DOLLAR CONTRIBUTION TO THE SAVE OUR SIGHT FUND ESTABLISHED  PURSUANT
TO  SECTION  NINETY-TWO-GG  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-GG OF THE STATE FINANCE LAW.
  S 3. The state finance law is amended by adding a new section 92-gg to
read as follows:
  S 92-GG. 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.