S T A T E O F N E W Y O R K
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5871
2013-2014 Regular Sessions
I N A S S E M B L Y
March 7, 2013
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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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07294-02-3
A. 5871 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.