Assembly Bill A9473

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

                                  9473

                          I N  A S S E M B L Y

                              March 5, 2012
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred 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
COMMISSIONER  IN  SUCH  FORM  AND  DETAIL  AS  THE  COMMISSIONER   SHALL
PRESCRIBE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13337-01-1
              

A. 9473                             2

  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.