Senate Bill S4641

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Transportation 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
May 08, 2009	print number 4641a
May 08, 2009	amend and recommit to transportation
Apr 27, 2009	referred to transportation

Bill Amendments

Original

A (Active)

2009-S4641 - Details

Current Committee:: Senate Transportation
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1830
2013-2014: S3405

2009-S4641 - Summary

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

2009-S4641 - Sponsor Memo

                                 BILL NUMBER:  S4641

 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 will help financially assist people who
are permanently disabled and unable to work as a result of the actions
from either a drunk driver or a driver under the influence of drugs.

 SUMMARY OF SPECIFIC PROVISIONS :  An Amendment to subdivision 2 of
section 503 of the vehicle and traffic law, section 81 to the state
finance law, and section 20 subdivision 9 of the social services law.

Amending subdivision 2, section 503 of the vehicle and traffic law
creates and implements "Jacobs' fund" as set forth in section
eighty-one of the state finance law.

Section 81 of the state finance law releases monies and authorizes the
department of social services to assist victims of drunk or drug
impaired drivers.

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 shall be made in a matter and
form as determined by such office.

 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 to
supplement Social Security Income and Social Security Disability.

 PRIOR LEGISLATIVE HISTORY : This is a new bill.

 FISCAL IMPLICATION :  Minimal. The Department of Motor Vehicles will
tack on a one dollar surcharge to be deposited in a special fund to be
known as "Jacobs/ fund".

 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.

2009-S4641 - Bill Text download pdf

2009-S4641A (ACTIVE) - Details

Current Committee:: Senate Transportation
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1830
2013-2014: S3405

2009-S4641A (ACTIVE) - Summary

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

2009-S4641A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4641A

 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.

 SUMMARY OF SPECIFIC PROVISIONS :
An Amendment to subdivision 2 of section 503 of the vehicle and
traffic law, section 81 to the state finance law, and section 20
subdivision 9 of the social services law.

Amending subdivision 2, section 503 of the vehicle and traffic law
creates and implements "Jacobs' fund" as set forth in section
eighty-one of the state finance law.

Section 81 of the state finance law releases monies and authorizes the
department of social services to assist victims of drunk or drug

impaired drivers.

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 shall be made in a matter and
form as determined by such office.

 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 Social Security Income and Social Security
Disability.

 PRIOR LEGISLATIVE HISTORY :
This is a new bill.

 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.

2009-S4641A (ACTIVE) - Bill Text download pdf

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

                                 4641--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11455-03-9

S. 4641--A                          2

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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Senate Bill S4641

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

Bill Amendments

2009-S4641 - Details

2009-S4641 - Summary

2009-S4641 - Sponsor Memo

2009-S4641 - Bill Text download pdf

2009-S4641A (ACTIVE) - Details

2009-S4641A (ACTIVE) - Summary

2009-S4641A (ACTIVE) - Sponsor Memo

2009-S4641A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S4641

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Sponsored By

Joseph P. Addabbo Jr.

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

Bill Amendments

2009-S4641 - Details

2009-S4641 - Summary

2009-S4641 - Sponsor Memo

2009-S4641 - Bill Text download pdf

2009-S4641A (ACTIVE) - Details

2009-S4641A (ACTIVE) - Summary

2009-S4641A (ACTIVE) - Sponsor Memo

2009-S4641A (ACTIVE) - Bill Text download pdf

Comments