S6089-2011 Actions

• Jun 18, 2012: PRINT NUMBER 6089A
• Jun 18, 2012: AMEND AND RECOMMIT TO TRANSPORTATION
• Jan 4, 2012: REFERRED TO TRANSPORTATION

S6089-2011 Memo

BILL NUMBER:S6089

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 anoxic/hypoxic 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 (IEDs), 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 TBL 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
TBI 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:


This is a new bill.

FISCAL IMPLICATIONS:
None to State.

EFFECTIVE DATE:
This law will take effect on the one hundred eightieth day after it
becomes law.

S6089-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         6089
 I N  SENATE
 (PREFILED)
 January 4, 2012
 
 Introduced  by  Sens. BALL, LANZA, LARKIN, RANZENHOFER -- 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.
 (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
 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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13337-01-1
 
       S. 6089                             2
 COMMISSIONER   IN  SUCH  FORM  AND  DETAIL  AS  THE  COMMISSIONER  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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