This bill has been amended

Bill S2664-2013

Establishes a visor card for persons with traumatic brain injuries

Establishes an identification card for persons with traumatic brain injuries; creates the traumatic brain injury fund.

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  • Jan 23, 2013: REFERRED TO TRANSPORTATION

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STATE OF NEW YORK ________________________________________________________________________ 2664 2013-2014 Regular Sessions IN SENATE January 23, 2013 ___________
Introduced by Sen. BALL -- 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, in relation to establishing visor communication cards for persons with traumatic brain injuries; and to amend the state finance law, in relation to establishing the New York state traumatic brain injury fund THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The vehicle and traffic law is amended by adding a new section 404-x to read as follows: S 404-X. VISOR COMMUNICATION CARD FOR THE NEW YORK STATE PERSONS WITH TRAUMATIC BRAIN INJURIES. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) A "PERSON WITH A TRAUMATIC BRAIN INJURY" SHALL MEAN ANY PERSON WHO HAS AN ACQUIRED INJURY TO THE BRAIN CAUSED BY AN EXTERNAL PHYSICAL FORCE RESULTING IN TOTAL OR PARTIAL DISABILITY OR IMPAIRMENT AND SHALL INCLUDE BUT NOT BE LIMITED TO DAMAGE TO THE CENTRAL NERVOUS SYSTEM FROM ANOXIC/HYPOXIC EPISODES OR DAMAGE TO THE CENTRAL NERVOUS SYSTEM FROM ALLERGIC CONDITIONS, TOXIC SUBSTANCES AND OTHER ACUTE MEDICAL/CLINICAL INCIDENTS. SUCH INJURIES SHALL INCLUDE, BUT NOT BE LIMITED TO, OPEN AND CLOSED BRAIN INJURIES THAT MAY RESULT IN MILD, MODERATE OR SEVERE IMPAIRMENTS IN ONE OR MORE AREAS, INCLUDING COGNITION, LANGUAGE, MEMORY, ATTENTION, REASONING, ABSTRACT THINKING, JUDGMENT, PROBLEM-SOLVING, SENSORY PERCEPTUAL AND MOTOR ABILITIES, PSYCHO-SOCIAL BEHAVIOR, PHYSICAL FUNCTIONS, INFORMATION PROCESSING AND SPEECH. SUCH INJURIES SHALL NOT INCLUDE PROGRESSIVE DEMENTIAS AND OTHER MENTALLY IMPAIRING CONDITIONS, DEPRESSION AND PSYCHIATRIC DISORDERS IN WHICH THERE IS NO KNOWN OR OBVI- OUS CENTRAL NERVOUS SYSTEM DAMAGE, NEUROLOGICAL, METABOLIC AND OTHER MEDICAL CONDITIONS OF CHRONIC, CONGENITAL OR DEGENERATIVE NATURE OR BRAIN INJURIES INDUCED BY BIRTH TRAUMA.
(B) A "VISOR COMMUNICATION CARD" SHALL MEAN SUCH IDENTIFICATION AS ISSUED BY THE DEPARTMENT WHICH IDENTIFIES THE DRIVER AS A PERSON WITH A TRAUMATIC BRAIN INJURY, AS DEFINED IN THIS SECTION, AND WHICH DETAILS THE APPROPRIATE PROCEDURES FOR ASSISTING A PERSON WITH A TRAUMATIC BRAIN INJURY DRIVER DURING A TRAFFIC STOP AS PROMULGATED BY THE DEPARTMENT OF HEALTH AND THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO THIS SECTION. 2. ANY PERSON RESIDING IN THIS STATE, UPON REQUEST AND ACCOMPANIED BY A DOCTOR'S STATEMENT INDICATING THAT THEY ARE A PERSON WITH A TRAUMATIC BRAIN INJURY, SHALL BE ISSUED A VISOR COMMUNICATION CARD FOR PERSONS WITH TRAUMATIC BRAIN INJURY OF A DESIGN APPROVED BY THE COMMISSIONER. APPLICATION FOR SUCH VISOR COMMUNICATION CARD SHALL BE FILED WITH THE COMMISSIONER IN SUCH FORM AND DETAIL AS THE COMMISSIONER, IN CONSULTA- TION WITH THE COMMISSIONER OF HEALTH AND THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES, SHALL PRESCRIBE. 3. A VISOR COMMUNICATION CARD ISSUED PURSUANT TO THIS SECTION SHALL BE ISSUED UPON THE PAYMENT OF THE REGULAR REGISTRATION FEE PRESCRIBED BY SECTION FOUR HUNDRED ONE OF THIS ARTICLE, PROVIDED, HOWEVER, THAT AN ADDITIONAL ANNUAL SERVICE CHARGE OF TEN DOLLARS SHALL BE CHARGED FOR SUCH VISOR COMMUNICATION CARD. SUCH ANNUAL SERVICE CHARGE SHALL BE DEPOSITED TO THE CREDIT OF THE "NEW YORK STATE TRAUMATIC BRAIN INJURY FUND" ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-LLLL OF THE STATE FINANCE LAW AND SHALL BE USED FOR PROGRAMS FOR PERSONS WITH TRAUMATIC BRAIN INJURY PURSUANT TO SECTION NINETY-SEVEN-LLLL OF THE STATE FINANCE LAW. PROVIDED, HOWEVER, THAT ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, FUNDS IN THE AMOUNT OF FIVE THOUSAND DOLLARS, OR SO MUCH THERE- OF AS MAY BE AVAILABLE, SHALL BE ALLOCATED FROM SUCH FUND TO THE DEPART- MENT TO OFFSET COSTS ASSOCIATED WITH THE PRODUCTION OF SUCH VISOR COMMU- NICATION CARDS. S 2. The state finance law is amended by adding a new section 97-llll to read as follows: S 97-LLLL. THE NEW YORK STATE TRAUMATIC BRAIN INJURY FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXA- TION AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE NEW YORK STATE TRAUMATIC BRAIN INJURY FUND. 2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED PURSUANT TO AN APPROPRIATION BY THE LEGISLATURE, ALL MONEYS COLLECTED PURSUANT TO SECTION FOUR HUNDRED FOUR-X 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 PROGRAMS FOR PERSONS WITH TRAUMATIC BRAIN INJURIES. 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 MOTOR VEHICLES. S 3. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, amend- ment and/or repeal of any rule or regulation necessary for the implemen- tation of this act on its effective date are authorized to be made on or before such effective date.

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