senate Bill S3405

2013-2014 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 Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to transportation
Feb 01, 2013 referred to transportation

S3405 - Bill Details

See Assembly Version of this Bill:
A2524
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §503, V & T L; add §81, St Fin L; amd §20, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1830, A4310
2009-2010: S4641A, A9162

S3405 - Bill Texts

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

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BILL NUMBER:S3405

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(s).

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Subdivision 12 of section 503 of the vehicle and traffic law
is amended with the creation and implementation of "Jacobs' fund", as
set forth in section eighty-one of the state finance law.

Section 2: The addition of section 51 to the state finance law, whereby
releasing monies and authorizing the department of social services to
assist victims of drunk or drug impaired drivers.

Section 3: Section 20, subdivision 9, of the social services law shall
develop, in cooperation with local social services districts and appro-
priate 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 will be made in a matter and form
as determined by the office of temporary and disability assistance.

JUSTIFICATION: In 1994, Mr. David Jacobs was a victim of a drunk driv-
er, 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 phys-
ically being able to return and go back to work. He has had no choice
but to accrue medicated expenses to suppress his pain, including Perco-
cet, 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 their social security Income and social Secu-
rity Disability, respectively.

PRIOR LEGISLATIVE HISTORY: 2011-2012: S.1830 - Referred to Transporta-
tion

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

                                  3405

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- 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, 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
THE VEHICLE AND TRAFFIC LAW AND ALL  OTHER  GRANTS,  BEQUESTS  OR  OTHER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00913-01-3

S. 3405                             2

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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