Establishes an identification card for persons with traumatic brain injuries; creates the traumatic brain injury fund.
TITLE OF BILL: 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
PURPOSE: This legislation will create a visor communication card for New York State persons who have been diagnosed with traumatic brain injury. This bill also creates the New York State Traumatic Brain Injury Fund.
SUMMARY OF PROVISIONS:
Section One - amends the vehicle and traffic law by adding section 404-x to create the visor communication card for the New York State persons with traumatic brain injury.
Section One, part a - defines a "person with, traumatic brain injury" as 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 anoxiclhypoxic episodes or damage to the central nervous system from allergic conditional, toxic substances and other acute medical/clinical incidents.
Section One, part b - defines a "visor communication card" as an identification issued by the department which identified 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 traumatic brain injury driver during a traffic stop as promulgated y the department pursuant to this section.
Section One, part b - stipulates any person residing in the state of New York upon request and accompanied by a doctor's statement indicating that they are a person with a traumatic brain injury will be issued a visor communication card. An application for this card will be filed with the commissioner.
Section One, part b - creates an annual service charge of ten dollars for the visor communication card. The ten dollar fee will be placed in the New York State Traumatic Brain Injury Fund. One year after the effective date of this legislation, if the funds available in the New York State Traumatic Brain Injury Fund exceed the amount of five thousand dollars, the money available will go to offset the costs associated with the production of the visor communication cards.
Section two - amends the state finance law by adding section 97-1111 to create the New York State Traumatic Brain Injury Fund. The fund will be regulated by both the commissioner of taxation and finance as well as the comptroller.
Section two - stipulates the New York State Traumatic Brain Injury Fund will consist of all revenues received from the visor communication card. This legislation does not prohibit the Slate of New York from receiving, the any other fund or source of money, grants, gifts or bequests for the purpose of the fund. Money from the New York State Traumatic Brain Injury Fund will only be used for programs for persons with traumatic brain injuries. Monies will be payable from the fund on the audit and warrant of the comptroller on vouchers approved and certified by the commissioner of motor vehicles.
Section three - this act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this law on its effective date are authorized to be made on or before the effective date.
JUSTIFICATION: Recent statistics from the U.S. Army indicate that as many as one in five American troops are returning from Operation Enduring Freedom and Operation Iraqi Freedom with symptoms of a brain injury. Due to increased use of improvised explosive devices (LEDs), medical experts are citing Traumatic Brain Injury, (TBI) as the signature injury of the wars in Iraq and Afghanistan. A soldier may be diagnosed with TBI when exposed to a blast, in a vehicle crash, or if their head is hit or jolted while deployed.
TBI can cause a wide range of changes affecting thinking, sensation, language, or emotions. Symptoms of a TBI can be mild, moderate, or severe, depending on the extent of the damage to the brain. Common symptoms of TBI, even in mild cases, are dilation of one or both pupils of the eyes, slurred speech, weakness or numbness in the extremities, loss of coordination, and/or increased confusion, restlessness, or agitation.
Due to these symptoms, a person diagnosed with TBI, even a mild case, can appear to be intoxicated, or under the influence of a controlled substance. Currently, there is no standard form of identification or instructions to assist law enforcement that comes in contact with a veteran or service member who has been diagnosed with TBI If any person is stopped by a law enforcement officer and has slurred speech, and/or appears to be slightly disorientated the police officer is more than likely to assume they have been drinking. The FBI identification card. will list the above mentioned symptoms and the best way to proceed with the traffic stop/inquiry.
The TBI identification card does not exclude a veteran or service member from taking a breathalyzer or cooperating with any police inquiry or investigation. Instead, the card quickly informs the law enforcement office of the veteran or service member's condition and symptoms.
Unfortunate instances where veterans or service members have been arrested or charged with intoxication can be traumatic and/or extremely costly to the individual. We owe it to our service men and women to educate our communities and provide them with the correct information to
safe-guard the veterans and service members to have risked their lives for our freedom.
LEGISLATIVE HISTORY: 6/18/12 Print Number S6089A
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This law will take effect on the one hundred eightieth day after it becomes law.
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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07294-01-3 S. 2664 2
(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.