Senate Bill S2664B

2013-2014 Legislative Session

Establishes an identification card for persons with traumatic brain injuries

download bill text pdf

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 08, 2014	referred to transportation
Jun 17, 2013	print number 2664b
Jun 17, 2013	amend (t) and recommit to transportation
Jun 11, 2013	print number 2664a
Jun 11, 2013	amend (t) and recommit to transportation
Jan 23, 2013	referred to transportation

Bill Amendments

co-Sponsors

2013-S2664 - Details

Current Committee:: Senate Transportation
Law Section:: Public Health Law
Laws Affected:: Amd §2742, Pub Health L; add §404-x, V & T L; add §97-llll, St Fin L
Versions Introduced in 2011-2012 Legislative Session:: S6089

2013-S2664 - Summary

Establishes an identification card for persons with traumatic brain injuries; creates the traumatic brain injury fund.

2013-S2664 - Sponsor Memo

                                BILL NUMBER:S2664

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 Inju-
ry 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 anoxiclhypoxic 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 iden-
tification 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 thou-
sand 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 Inju-
ry 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 commission-
er 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 addi-
tion, 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 Endur-
ing Freedom and Operation Iraqi Freedom with symptoms of a brain injury.
Due to increased use of improvised explosive devices (LEDs), 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 symp-
toms 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 TBI 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 FBI 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: 6/18/12 Print Number S6089A

FISCAL IMPLICATIONS: None.

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

2013-S2664 - Bill Text download pdf

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

                                  2664

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sen.  BALL  --  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.  SUCH INJURIES SHALL INCLUDE, BUT NOT BE LIMITED TO, OPEN AND
CLOSED  BRAIN  INJURIES  THAT  MAY  RESULT  IN  MILD, MODERATE OR SEVERE
IMPAIRMENTS IN ONE OR MORE AREAS, INCLUDING COGNITION, LANGUAGE, MEMORY,
ATTENTION,  REASONING,  ABSTRACT  THINKING,  JUDGMENT,  PROBLEM-SOLVING,
SENSORY PERCEPTUAL AND MOTOR ABILITIES, PSYCHO-SOCIAL BEHAVIOR, PHYSICAL
FUNCTIONS,  INFORMATION  PROCESSING AND SPEECH.  SUCH INJURIES SHALL NOT
INCLUDE PROGRESSIVE DEMENTIAS AND OTHER MENTALLY  IMPAIRING  CONDITIONS,
DEPRESSION AND PSYCHIATRIC DISORDERS IN WHICH THERE IS NO KNOWN OR OBVI-
OUS  CENTRAL  NERVOUS  SYSTEM  DAMAGE, NEUROLOGICAL, METABOLIC AND OTHER
MEDICAL CONDITIONS OF CHRONIC,  CONGENITAL  OR  DEGENERATIVE  NATURE  OR
BRAIN INJURIES INDUCED BY BIRTH TRAUMA.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07294-01-3

S. 2664                             2

  (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 OF
HEALTH AND THE DIVISION OF CRIMINAL JUSTICE SERVICES  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,  IN  CONSULTA-
TION  WITH  THE  COMMISSIONER OF HEALTH AND THE COMMISSIONER OF CRIMINAL
JUSTICE SERVICES, 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.

co-Sponsors

2013-S2664A - Details

Current Committee:: Senate Transportation
Law Section:: Public Health Law
Laws Affected:: Amd §2742, Pub Health L; add §404-x, V & T L; add §97-llll, St Fin L
Versions Introduced in 2011-2012 Legislative Session:: S6089

2013-S2664A - Summary

Establishes an identification card for persons with traumatic brain injuries; creates the traumatic brain injury fund.

2013-S2664A - Sponsor Memo

                                BILL NUMBER:S2664A

TITLE OF BILL:  An act to amend the public health law and 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 public health law by adding subdivision 11 of
section 2742 to develop training programs for persons providing
discharge plans and case management

Section Two, 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 anoxiclhypoxic episodes or damage to the
central nervous system from allergic conditional, toxic substances and
other acute medical/clinical incidents.

Section Two, 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 Two, part c - stipulates any person residing in the state of
New York upon request and accompanied by a doctor's statement
indicating that they axe 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 Three- 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 affective
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 Three - 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 Three - 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 Four - 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 (LEDs),
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, ox
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 TBI. 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 FBI 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: 6/18/12 Print Number S6089A

FISCAL IMPLICATIONS: None.


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

2013-S2664A - Bill Text download pdf

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

                                 2664--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced by Sens. BALL, ADDABBO, LARKIN, RANZENHOFER -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Transportation  --  committee  discharged,   bill   amended,   ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the public health law and 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.  Subdivisions 9 and 10 of section 2742 of the public health
law,  as added by chapter 196 of the laws of 1994, are amended and a new
subdivision 11 is added to read as follows:
  9. to develop training programs for persons providing discharge  plans
and case management; [and]
  10.  to  develop standards for licensing or certifying residential and
non-residential services for persons with traumatic brain injury to  the
extent  that such services are not otherwise subject to the jurisdiction
of another state agency[.]; AND
  11. TO DEVELOP PROCEDURES, STANDARDS, RULES AND  REGULATIONS  FOR  THE
ASSISTING  OF  OPERATORS OF MOTOR VEHICLES WITH A TRAUMATIC BRAIN INJURY
DURING TRAFFIC STOPS AS PROVIDED IN SECTION FOUR HUNDRED FOUR-X  OF  THE
VEHICLE AND TRAFFIC LAW.
  S  2.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07294-04-3

S. 2664--A                          2

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.  SUCH INJURIES SHALL INCLUDE, BUT NOT BE LIMITED TO, OPEN AND
CLOSED BRAIN INJURIES THAT  MAY  RESULT  IN  MILD,  MODERATE  OR  SEVERE
IMPAIRMENTS IN ONE OR MORE AREAS, INCLUDING COGNITION, LANGUAGE, MEMORY,
ATTENTION,  REASONING,  ABSTRACT  THINKING,  JUDGMENT,  PROBLEM-SOLVING,
SENSORY PERCEPTUAL AND MOTOR ABILITIES, PSYCHO-SOCIAL BEHAVIOR, PHYSICAL
FUNCTIONS, INFORMATION PROCESSING AND SPEECH.  SUCH INJURIES  SHALL  NOT
INCLUDE  PROGRESSIVE  DEMENTIAS AND OTHER MENTALLY IMPAIRING CONDITIONS,
DEPRESSION AND PSYCHIATRIC DISORDERS IN WHICH THERE IS NO KNOWN OR OBVI-
OUS CENTRAL NERVOUS SYSTEM DAMAGE,  NEUROLOGICAL,  METABOLIC  AND  OTHER
MEDICAL  CONDITIONS  OF  CHRONIC,  CONGENITAL  OR DEGENERATIVE NATURE OR
BRAIN INJURIES INDUCED BY BIRTH TRAUMA.
  (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 OF
HEALTH AND THE DIVISION OF CRIMINAL JUSTICE SERVICES  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,  IN  CONSULTA-
TION  WITH  THE  COMMISSIONER OF HEALTH AND THE COMMISSIONER OF CRIMINAL
JUSTICE SERVICES, 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  3. 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

S. 2664--A                          3

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 4. 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.

co-Sponsors

2013-S2664B (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Public Health Law
Laws Affected:: Amd §2742, Pub Health L; add §404-x, V & T L; add §97-llll, St Fin L
Versions Introduced in 2011-2012 Legislative Session:: S6089

2013-S2664B (ACTIVE) - Summary

Establishes an identification card for persons with traumatic brain injuries; creates the traumatic brain injury fund.

2013-S2664B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2664B

TITLE OF BILL:  An act to amend the public health law and the vehicle
and traffic law, in relation to establishing identification 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 public health law by adding subdivision 11 of
section 2742 to develop training programs for persons providing
discharge plans and case management

Section Two, 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 anoxiclhyooxic episodes or damage to the
central nervous system. from allergic conditional, toxic substances
and other acute medical/clinical incidents.

Section Two, part b - defines a "identification card" as an
identification issued by the department which identified the driver as
a person with a traumatic train 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 Two, part c - stipulates any parson residing in the state of
New York upon request and accompanied by a doctor's statement
indicating that they axe a person with a traumatic brain injury will
be issued a identification communication card. An application for this
card will be filed with the commissioner.

Section Three- creates an annual service charge of ten dollars the
visor communication card. The ten dollar fee will be Placed in the New
York State Traumatic Brain Injury Fund, One year after the affective
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 Three - 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 Three - 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, :he 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 train 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 Four - 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 (LEDs),
medical experts are citing Traumatic Brain injury, (TEI) 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 TBI. 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 FBI identification
card. will list the above mentioned symptoms and the best way to
proceed with :he 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: 6/18/12 Print Number S6039A.

FISCAL IMPLICATIONS: None.


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

2013-S2664B (ACTIVE) - Bill Text download pdf

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

                                 2664--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced by Sens. BALL, ADDABBO, LARKIN, RANZENHOFER -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Transportation  --  committee  discharged,   bill   amended,   ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public health law and the vehicle and  traffic  law,
  in  relation  to  establishing  identification  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.  Subdivisions 9 and 10 of section 2742 of the public health
law,  as  added  by chapter 196 of the laws of 1994, are amended and two
new subdivisions 11 and 12 are added to read as follows:
  9. to develop training programs for persons providing discharge  plans
and case management; [and]
  10.  to  develop standards for licensing or certifying residential and
non-residential services for persons with traumatic brain injury to  the
extent  that such services are not otherwise subject to the jurisdiction
of another state agency[.];
  11. TO DEVELOP PROCEDURES, STANDARDS, RULES AND  REGULATIONS  FOR  THE
ASSISTING  OF  OPERATORS OF MOTOR VEHICLES WITH A TRAUMATIC BRAIN INJURY
DURING TRAFFIC STOPS AS PROVIDED IN SECTION FOUR HUNDRED FOUR-X  OF  THE
VEHICLE AND TRAFFIC LAW; AND
  12.  TO ESTABLISH AN APPLICATION FOR AND ISSUE IDENTIFICATION CARDS TO
PERSONS WITH TRAUMATIC BRAIN INJURIES FOR THE PURPOSES OF  SECTION  FOUR
HUNDRED FOUR-X OF THE VEHICLE AND TRAFFIC LAW.
  S  2.  The  vehicle and traffic law is amended by adding a new section
404-x to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07294-05-3

S. 2664--B                          2

  S 404-X.  IDENTIFICATION CARD FOR NEW YORK STATE PERSONS WITH TRAUMAT-
IC 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.  SUCH INJURIES SHALL INCLUDE, BUT NOT BE LIMITED TO, OPEN AND
CLOSED BRAIN INJURIES THAT  MAY  RESULT  IN  MILD,  MODERATE  OR  SEVERE
IMPAIRMENTS IN ONE OR MORE AREAS, INCLUDING COGNITION, LANGUAGE, MEMORY,
ATTENTION,  REASONING,  ABSTRACT  THINKING,  JUDGMENT,  PROBLEM-SOLVING,
SENSORY PERCEPTUAL AND MOTOR ABILITIES, PSYCHO-SOCIAL BEHAVIOR, PHYSICAL
FUNCTIONS, INFORMATION PROCESSING AND SPEECH.  SUCH INJURIES  SHALL  NOT
INCLUDE  PROGRESSIVE  DEMENTIAS AND OTHER MENTALLY IMPAIRING CONDITIONS,
DEPRESSION AND PSYCHIATRIC DISORDERS IN WHICH THERE IS NO KNOWN OR OBVI-
OUS CENTRAL NERVOUS SYSTEM DAMAGE,  NEUROLOGICAL,  METABOLIC  AND  OTHER
MEDICAL  CONDITIONS  OF  CHRONIC,  CONGENITAL  OR DEGENERATIVE NATURE OR
BRAIN INJURIES INDUCED BY BIRTH TRAUMA.
  (B) AN "IDENTIFICATION CARD" SHALL MEAN SUCH IDENTIFICATION AS  ISSUED
BY THE DEPARTMENT OF HEALTH 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  OF
HEALTH  AND  THE  DIVISION OF CRIMINAL JUSTICE SERVICES 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 AN IDENTIFICATION CARD  FOR  PERSONS  WITH
TRAUMATIC  BRAIN  INJURY  OF  A  DESIGN  APPROVED BY THE COMMISSIONER OF
HEALTH. APPLICATION FOR SUCH IDENTIFICATION CARD SHALL BE FILED WITH THE
COMMISSIONER OF HEALTH IN SUCH FORM AND DETAIL AS SUCH COMMISSIONER,  IN
CONSULTATION  WITH  THE  COMMISSIONER  AND  THE COMMISSIONER OF CRIMINAL
JUSTICE SERVICES, SHALL PRESCRIBE.
  3. SUCH IDENTIFICATION CARD ISSUED PURSUANT TO THIS SECTION  SHALL  BE
ISSUED  UPON  THE  PAYMENT  OF  AN ANNUAL SERVICE CHARGE OF TEN DOLLARS.
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.
  S 3. 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.

S. 2664--B                          3

  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 HEALTH.
  S 4. 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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Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

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co-Sponsors

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2013-S2664 - Summary

2013-S2664 - Sponsor Memo

2013-S2664 - Bill Text download pdf

co-Sponsors

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2013-S2664A - Bill Text download pdf

co-Sponsors

2013-S2664B (ACTIVE) - Details

2013-S2664B (ACTIVE) - Summary

2013-S2664B (ACTIVE) - Sponsor Memo

2013-S2664B (ACTIVE) - Bill Text download pdf

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