senate Bill S2567

2013-2014 Legislative Session

Provides for temporary approval of applications to operate a WICs program, if the applicant currently operates another approved program

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Archive: Last Bill Status - STRICKEN


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 06, 2013 recommit, enacting clause stricken
Jan 22, 2013 referred to health

S2567 - Bill Details

Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add ยง2507, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
S6305B

S2567 - Bill Texts

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Provides for temporary approval of applications to operate a WIC program, if the applicant currently operates another approved such program.

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BILL NUMBER:S2567

TITLE OF BILL:
An act
to amend the public health law, in relation to temporary approval of
certain programs operated pursuant to the federal special supplemental
nutrition program for women, infants and children

PURPOSE:
This legislation will provide for temporary approval of applications
to operate a WICs program, if the applicant currently operates
another approved program.

SUMMARY OF PROVISIONS:

Section One - adds a new section 2507 to the public health law which
states that any eligible institution applying to participate in the
federal special supplemental nutrition program for women, infants and
children (WIC) at a particular site, which has received approval to
participate at another site and has not been deficient in its
participation shall be issued temporary approval to participate in
WIC at the site for which the application has been submitted to the
commissioner. The commissioner or the commissioner's agent shall
issue the applicant a temporary approval of the operation of the
program within fourteen days of the receipt of the completed
application. Each temporary approval will be valid until the
commissioner either approves or disapproves the proposed application
of the applicant.

Section Two - This act shall take effect immediately.

JUSTIFICATION:
The WIC program provides significant nourishment to women, infants and
children who may not be able to afford the food products that are
offered in this program for their families. The proper nourishment at
any early age is essential for infants and children as well as their
mothers.

In many neighborhoods, stores frequently are sold and new ones open.
Operators are in many cases owners who have other stores in New York
and have valid WIC vendor licenses in these stores. Unfortunately,
when these stores open, even for an operator who has other valid WIC
licenses
within the state, there is a lengthy waiting period to obtain a vendor
license for the new store.

In most cases stores are licensed quicker and easier to sell tobacco
and alcohol while waiting much longer periods to become a WIC vendor
offering needed products such as; milk, juice, eggs, formula, baby
food, fresh fruits & vegetables, etc., to families in need.

This bill, by allowing existing NY WIC vendors who are in good
standing a temporary license when a new establishment opens, greatly
enhances the local food choices and availability for WIC families.
During the temporary licensing all investigative processes can


continue and the retailer would be obligated to respond to any issues
which arise or forfeit the temporary license.

By allowing responsible businesses owners quicker access to the
program, WIC families benefit greatly from these local stores and the
accelerated license allows them to shop locally as opposed to having
to travel in some cases greater distance.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  2567

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 22, 2013
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to temporary approval
  of certain programs operated pursuant to the federal  special  supple-
  mental nutrition program for women, infants and children

  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  section
2507 to read as follows:
  S  2507.  FEDERAL  SPECIAL  SUPPLEMENTAL  NUTRITION PROGRAM FOR WOMEN,
INFANTS AND CHILDREN.  ANY ELIGIBLE INSTITUTION APPLYING TO  BE  AUTHOR-
IZED  TO  PARTICIPATE  IN  THE  FEDERAL  SPECIAL  SUPPLEMENTAL NUTRITION
PROGRAM FOR WOMEN, INFANTS AND CHILDREN AT A PARTICULAR SITE, WHICH  HAS
RECEIVED  APPROVAL TO PARTICIPATE AT ANOTHER SITE AND HAS NOT BEEN DEFI-
CIENT IN ITS PARTICIPATION AS SPECIFIED IN FEDERAL LAW,  RULE  OR  REGU-
LATION,  SHALL  BE ISSUED TEMPORARY APPROVAL TO BE AUTHORIZED TO PARTIC-
IPATE IN THE FEDERAL SPECIAL SUPPLEMENTAL NUTRITION PROGRAM  FOR  WOMEN,
INFANTS  AND  CHILDREN  AT  THE  SITE FOR WHICH THE APPLICATION HAS BEEN
SUBMITTED TO THE COMMISSIONER. THE COMMISSIONER  OR  THE  COMMISSIONER'S
AGENT SHALL ISSUE THE APPLICANT A TEMPORARY APPROVAL TO PARTICIPATE AT A
PARTICULAR  SITE,  PURSUANT TO THIS SECTION, WITHIN FOURTEEN DAYS OF THE
RECEIPT OF A COMPLETED APPLICATION. EACH  TEMPORARY  APPROVAL  SHALL  BE
VALID UNTIL THE COMMISSIONER EITHER APPROVES OR DISAPPROVES THE PROPOSED
APPLICATION  OF  THE  APPLICANT.   THIS SECTION SHALL NOT APPLY WHERE IT
WOULD BE CONTRARY TO FEDERAL REGULATIONS  OR  WOULD  JEOPARDIZE  FEDERAL
FINANCIAL PARTICIPATION.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07299-01-3

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