NY State Assembly Bill 2009-A10583

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 08, 2010	referred to transportation

co-Sponsors

2009-A10583 (ACTIVE) - Details

Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §404-x, V & T L; add §97-jjjj, St Fin L
Versions Introduced in 2011-2012 Legislative Session:: A4097

2009-A10583 (ACTIVE) - Summary

Establishes a visor card for the deaf and hard of hearing.

2009-A10583 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10583

TITLE OF BILL:  An act to amend the vehicle and traffic law, in relation
to establishing visor communication cards for the deaf and hard of hear-
ing; and to amend the state finance law, in relation to establishing the
New York state deaf and hard of hearing fund

PURPOSE:    This  bill will create distinctive visor communication cards
for deaf and hard of hearing individuals in New York State.

SUMMARY OF SPECIFIC PROVISIONS:  Section 1 amends the vehicle and  traf-
fic law by adding a new section 404-x establishing a visor communication
card  for  the New York state deaf and hard of hearing. Such e card will
he issued by the DMV and will detail appropriate procedures for  assist-
ing a deaf of hard of hearing driving during a traffic stop. A fee shall
be assessed for obtaining this card.

Section  2.  The  state  finance  law is amended by adding a new section
97-gggg, which states that all funds collected to purchase visor  commu-
nication  cards  will  be deposited into a newly rounded "New York State
deaf and hard of hearing fund" Funds in this account will  be  used  for
programs  dealing  with  deaf  and  hard  of hearing persons in New York
State. The state shall also be authorized to  obtain  grants,  gifts  or
benefits  for  the fund; and also, the legislature is authorized to make
appropriations into the fund at its discretion.  Further, to offset  the
cost of production of these cards, the DMV may extract upwards of $5,000

from the fund.

Section 3 states that this act shall take effect in 180 days after being
signed into law.

JUSTIFICATION:    Distinctive visor communication cards for the deaf and
hard of hearing will allow for the easy identification of  such  drivers
while  traveling on roadways across the state. Visor communication cards
will grant emergency personnel and law enforcement officers the  ability
to  identify  hard  of hearing or deaf individuals when approaching such
vehicles. It is important that law enforcement  officers  and  emergency
personnel  are  aware  that such motorists may not hear verbal commands,
nor respond as anticipated. Visor communication cards will allow  for  a
person  involved  in a traffic stop or an accident to better communicate
with law enforcement and emergency personnel.

This bill also establishes the "New York State deaf and Hard of  Hearing
fund".  All  monies collected from this bill will go into this fund that
will help to fund programs dedicated to deaf and hard of hearing persons
in New York State, minus the cost of producing these visor communication
cards.

PRIOR LEGISLATIVE HISTORY: New legislation

FISCAL IMPLICATIONS:  Provided, however, that one year after the  effec-
tive 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 department to offset costs associated with the production of
such visor communication cards. Funds collected to purchase visor commu-
nication  cards  will  be deposited into a newly founded "New York State
deaf and Hard of Hearing fund, established in the joint custody  of  the
Department of Taxation and the Comptroller."

EFFECTIVE  DATE:    This  act  shall  take effect immediately; provided,
however, that effective  immediately,  the  addition,  amendment  and/or
repeal  of  any  rule  or regulation necessary for the implementation of
this act on its effective date are authorized and directed  to  be  made
and completed on or before such effective date.

2009-A10583 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10583

                          I N  A S S E M B L Y

                              April 8, 2010
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to establishing
  visor communication cards for the deaf and hard  of  hearing;  and  to
  amend  the state finance law, in relation to establishing the New York
  state deaf and hard of hearing 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  DEAF  AND
HARD  OF  HEARING. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  (A) "DEAF PERSON" SHALL MEAN ANY PERSON WHO, BECAUSE OF HEARING  LOSS,
IS  NOT  ABLE  TO  DISCRIMINATE SPEECH WHEN SPOKEN IN A NORMAL CONVERSA-
TIONAL TONE REGARDLESS OF THE USE OF AMPLIFICATION DEVICES; AND
  (B) "HARD OF HEARING PERSON" SHALL MEAN ANY  PERSON  WHO,  BECAUSE  OF
HEARING  LOSS,  HAS  A  DIMINISHED  CAPACITY TO DISCRIMINATE SPEECH WHEN
SPOKEN IN A NORMAL CONVERSATIONAL TONE.
  (C) "VISOR COMMUNICATION  CARD"  SHALL  MEAN  SUCH  IDENTIFICATION  AS
ISSUED  BY THE DEPARTMENT WHICH IDENTIFIES THE DRIVER AS DEAF OR HARD OF
HEARING, AS DEFINED IN THIS SECTION, AND WHICH DETAILS  THE  APPROPRIATE
PROCEDURES FOR ASSISTING A DEAF OR HARD OF HEARING DRIVER DURING A TRAF-
FIC 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 SUCH PERSON IS EITHER DEAF  OR  HARD  OF
HEARING,  SHALL  BE  ISSUED  A VISOR COMMUNICATION CARD FOR THE DEAF AND
HARD OF HEARING 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD00737-08-0

A. 10583                            2

SUCH  VISOR  COMMUNICATION  CARD.    SUCH ANNUAL SERVICE CHARGE SHALL BE
DEPOSITED TO THE CREDIT OF THE "NEW YORK STATE DEAF AND HARD OF  HEARING
FUND"  ESTABLISHED  PURSUANT  TO  SECTION NINETY-SEVEN-JJJJ OF THE STATE
FINANCE  LAW  AND  SHALL  BE  USED FOR PROGRAMS FOR THE DEAF AND HARD OF
HEARING PURSUANT TO SECTION NINETY-SEVEN-JJJJ 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-jjjj
to read as follows:
  S 97-JJJJ. THE NEW YORK STATE DEAF AND HARD OF HEARING 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 DEAF AND HARD OF HEARING 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 THE DEAF
AND HARD OF HEARING.
  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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Assembly Bill A10583

Sponsored By

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

2009-A10583 (ACTIVE) - Details

2009-A10583 (ACTIVE) - Summary

2009-A10583 (ACTIVE) - Sponsor Memo

2009-A10583 (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A10583

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Sponsored By

MORELLE

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

David Koon

2009-A10583 (ACTIVE) - Details

2009-A10583 (ACTIVE) - Summary

2009-A10583 (ACTIVE) - Sponsor Memo

2009-A10583 (ACTIVE) - Bill Text download pdf

Comments