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
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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
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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.