Bill S1830-2011

Establishes Jacobs' fund to assist victims of drunk or drug impaired driving who are permanently disabled

Establishes Jacobs' fund to assist victims of drunk or drug impaired driving who are permanently disabled.

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

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 1830 2011-2012 Regular Sessions IN 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
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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