S1830-2011 Actions

• Jan 4, 2012: REFERRED TO TRANSPORTATION
• Jan 13, 2011: REFERRED TO TRANSPORTATION

S1830-2011 Memo

BILL NUMBER:S1830

TITLE OF BILL:
An act
to amend the vehicle and traffic law, the state finance law and the
social services law, in relation to establishing Jacobs' fund to assist
victims of drunk or drug impaired driving who are permanently disabled

PURPOSE OR GENERAL IDEA OF BILL:
To establish and implement "Jacobs' fund", a fund that shall
financially assist people who are permanently disabled and unable to
work, resulting from the unlawful actions of (a) drunk or drug
impaired driver(s).

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Subdivision 2 of section 503 of the vehicle and traffic law
is amended with the creation and implementation of "Jacobs' fund", as
set forth in section eighty-one of the state finance law.

Section 2: The addition of section 81 to the state finance law,
whereby releasing monies and authorizing the department of social
services to assist victims of drunk or drug impaired drivers.

Section 3: Section 20, subdivision 9, of the social services law shall
develop, in cooperation with local social services districts and
appropriate federal agencies, a program to assist victims of drunk or
drug impaired driving who are permanently disabled and unable to
work. Distribution and application of funds will be made in a matter
and form as determined by the office of temporary and disability
assistance.

JUSTIFICATION:
In 1994, Mr. David Jacobs was a victim of a drunk driver, and for the
past fifteen years, Mr. Jacobs has endured and suffered through a
considerable amount of pain, resulting in numerous hospital visits,
surgery appointments and seven herniated discs. Today he is surviving
on social security alone without the prospect of ever physically
being able to return and go back to work. He has had no choice but to
accrue medicated expenses to suppress his pain, including Percocet,
which has cost him upwards of $357/month.

The establishment and implementation of "Jacobs' fund" will compensate
victims beyond Social Security Income and social Security Disability
who are permanently disabled and unable to work. However, victims
that do recover and go back to work are excluded from receiving
monies from Jacobs' fund to supplement their social security Income
and social Security Disability, respectively.

PRIOR LEGISLATIVE HISTORY:
2009-2010: S.4641 - Referred to Transportation

FISCAL IMPLICATIONS:
The Department of Motor Vehicles will tack on a one dollar surcharge
to be deposited in a special fund known as "Jacobs' fund". Coinciding
with the fund shall be a distribution of five hundred dollars per a


month per a permanently disabled victim of a drunk or drug impaired
driver, as credited by the comptroller.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law, provided, however, that effective
immediately, the addition, amendment and/or repeal of any rule of
regulation necessary for the implementation of this act on its
effective date is authorized to be made and completed on or before
such date.

S1830-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1830
 2011-2012 Regular Sessions
 I N  SENATE
 January 13, 2011
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
 printed to be committed to the Committee on Transportation
 

AN ACT to amend the vehicle and traffic law, the state finance  law  and
 the  social  services law, in relation to establishing Jacobs' fund to
 assist victims of drunk or drug impaired driving who  are  permanently
 disabled
 

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

 

Section 1. Subdivision 2 of section 503 of the vehicle and traffic law
 is amended by adding a new paragraph (1) to read as follows:

 (1) WITH RESPECT TO ANY FEE REQUIRED BY THIS SUBDIVISION, THE  DEPART
 MENT  SHALL  COLLECT AN ADDITIONAL FEE IN THE AMOUNT OF ONE DOLLAR WHICH
 SHALL BE USED EXCLUSIVELY TO ASSIST VICTIMS OF DRUNK  OR  DRUG  IMPAIRED
 DRIVING.    IN  ADDITION  TO  SUCH ONE DOLLAR FEE, THE COMPTROLLER SHALL
 CREDIT FIVE HUNDRED DOLLARS ON THE FIRST OF EACH MONTH TO  JACOBS'  FUND
 TO  SUPPLEMENT SOCIAL SECURITY DISABILITY AND SOCIAL SECURITY INCOME FOR
 INDIVIDUALS WHO ARE VICTIMS OF DRUNK OR DRUG IMPAIRED DRIVING,  AND  WHO
 ARE  PERMANENTLY  DISABLED AS A RESULT.  MONIES COLLECTED AS A RESULT OF
 SUCH ADDITIONAL FEE SHALL BE DEPOSITED IN A SPECIAL FUND TO BE KNOWN  AS
 JACOBS' FUND AND MONIES IN SUCH FUND SHALL BE USED EXCLUSIVELY TO ASSIST
 VICTIMS OF DRUNK OR DRUG IMPAIRED DRIVING AS SET FORTH IN SECTION EIGHT
 Y-ONE OF THE STATE FINANCE LAW.
 

S  2.  The  state finance law is amended by adding a new section 81 to
 read as follows:

 

S 81. JACOBS' FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTO
 DY OF THE COMMISSIONER OF TAXATION AND FINANCE AND  THE  COMPTROLLER,  A
 SPECIAL FUND TO BE KNOWN AS "JACOBS' FUND".
 2.  SUCH FUND SHALL CONSIST OF ALL MONEYS RECEIVED BY THE STATE PURSU
 ANT TO PARAGRAPH (L) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THREE OF
 THE VEHICLE AND TRAFFIC LAW AND ALL  OTHER  GRANTS,  BEQUESTS  OR  OTHER
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04877-01-1
 
       S. 1830                             2
 MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND
 OR SOURCE PURSUANT TO LAW.
 3.  MONEYS  IN THE FUND SHALL BE KEPT SEPARATE AND APART AND SHALL NOT
 BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF  THE  COMMISSIONER
 OF TAXATION AND FINANCE AND THE COMPTROLLER.
 4.  MONEYS  OF  THE  FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
 SHALL BE AVAILABLE TO THE DEPARTMENT OF SOCIAL  SERVICES  AND  SHALL  BE
 EXPENDED  BY SUCH DEPARTMENT TO ASSIST VICTIMS OF DRUNK OR DRUG IMPAIRED
 DRIVING PURSUANT TO THE PROVISIONS OF SUBDIVISION NINE OF SECTION TWENTY
 OF THE SOCIAL SERVICES LAW.
 

S 3.

Section 20 of the social services law is amended by adding a  new
 subdivision 9 to read as follows:

 9. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL, IN COOPER
 ATION WITH LOCAL SOCIAL SERVICES DISTRICTS AND APPROPRIATE FEDERAL AGEN
 CIES DEVELOP A PROGRAM TO ASSIST VICTIMS OF DRUNK OR DRUG IMPAIRED DRIV
 ING  WHO ARE PERMANENTLY DISABLED AND UNABLE TO WORK. SUCH PROGRAM SHALL
 BE FUNDED BY FUNDS MADE AVAILABLE FROM JACOBS' FUND, AS  ESTABLISHED  BY
 SECTION  EIGHTY-ONE OF THE STATE FINANCE LAW. APPLICATION FOR SUCH FUNDS
 SHALL BE MADE IN A MANNER AND FORM AS DETERMINED  BY  SUCH  OFFICE.  THE
 OFFICE  OF  TEMPORARY AND DISABILITY ASSISTANCE IS HEREBY AUTHORIZED AND
 DIRECTED TO PROMULGATE RULES AND REGULATIONS NECESSARY TO CARRY OUT  THE
 PROVISIONS OF THIS SUBDIVISION.
 

S 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law, provided, however, that effective immediate
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its  effective  date  is
 authorized to be made and completed on or before such date.

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