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AN ACT

RELATING TO MOTOR VEHICLES; PROVIDING A CHECK-OFF OPTION FOR

DRIVERS TO CONTRIBUTE TO THE "SAVE OUR CHILDREN'S SIGHT FUND";

CREATING A FUND; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SAVE OUR CHILDREN'S SIGHT FUND CREATED.--The

"save our children's sight fund" is created in the state

treasury. Money in the fund shall consist of appropriations,

contributions, grants and statutory revenues directed to the

fund. Money in the fund is appropriated to the department of

health, which shall administer the fund for the purpose of

development and implementation of a vision screening program

making vision screenings and follow-up comprehensive

examinations available to New Mexico children regardless of

family income. Expenditures from the fund shall be by

warrants of the secretary of finance and administration drawn

pursuant to vouchers signed by the secretary of health or the

secretary's authorized representative. Money in the fund

shall not revert at the end of a fiscal year.

Section 2. A new section of the Public School Code is

enacted to read:

"VISION SCREENING.--A school nurse or the nurse's

designee, a primary care health provider or a lay eye screener

shall administer a vision screening test for students enrolled

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in the school in pre-kindergarten, kindergarten, first grade

and third grade and for transfer and new students, unless a

parent affirmatively prohibits the visual screening."

Section 3. A new section of Chapter 24 NMSA 1978 is

enacted to read:

"NOTICE OF THE NEED FOR FURTHER VISION EVALUATION AND

AVAILABILITY OF FUNDS.--The department of health shall

promulgate rules for award of money from the save our

children's sight fund. When the vision screen of a student

indicates the need for further evaluation, the student's

school shall notify the student's parent of that need and

provide information on the availability of funds from the save

our children's sight fund. The notice shall state that the

parent, if the student is not already covered by health

insurance for a comprehensive eye examination, may apply to

the fund for the following expenses as a result of the

screening:

A. a comprehensive eye examination by an

optometrist or ophthalmologist whose services are used to

follow up the school vision screen;

B. the cost of contact lenses or polycarbonate

lenses and frames for eyeglasses; and

C. replacement insurance for lost or broken

lenses."

Section 4. A new section of Chapter 66, Article 6 NMSA

1978 is enacted to read:

"SAVE OUR CHILDREN'S SIGHT FUND OPTION.--The vehicle

registration form in use as of January 1, 2008 shall include a

check-off option for a driver who wishes to contribute to the

save our children's sight fund for a one-dollar ($1.00) or a

five-dollar ($5.00) fee in addition to the registration fees

required by the division. All fees collected from the check-

off option shall be paid to the state treasurer to the credit

of the save our children's sight fund within two months of

receipt."

Section 5. TEMPORARY PROVISION.--The secretary of

health shall appoint an advisory committee to establish the

standard for an appropriate vision screening. The committee

shall consist of a practicing school nurse, a school

administrator, a representative of a statewide organization

for the prevention of blindness, a licensed New Mexico

optometrist, a licensed New Mexico opthalmologist and a

licensed New Mexico pediatrician. The department of health

shall promulgate rules to establish vision screening test

standards pursuant to this section.

Section 6. EFFECTIVE DATE.--The effective date of the

provisions of this act is January 1, 2008.

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