Bill Text: NY A01003 | 2021-2022 | General Assembly | Introduced
Bill Title: Creates the traumatic brain injury trust fund; sets out specific criteria for a qualified individual and sets a $3,000 per year and $100,000 lifetime cap for each individual; establishes a traumatic brain injury trust fund authority to administer the fund; requires 10 percent of the surcharge collected on certain vehicle and traffic law violations be deposited into the traumatic brain injury trust fund.
Spectrum: Moderate Partisan Bill (Democrat 15-4)
Status: (Introduced - Dead) 2022-01-05 - referred to ways and means [A01003 Detail]
Download: New_York-2021-A01003-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1003 2021-2022 Regular Sessions IN ASSEMBLY January 7, 2021 ___________ Introduced by M. of A. CAHILL, THIELE, BENEDETTO, ABBATE, McDONOUGH, OTIS, ENGLEBRIGHT, LUPARDO, J. RIVERA, COOK, AUBRY, STECK, ABINANTI, WEPRIN, WOERNER, MIKULIN -- Multi-Sponsored by -- M. of A. GALEF, J. M. GIGLIO, WALSH -- read once and referred to the Committee on Ways and Means AN ACT to amend the state finance law and the vehicle and traffic law, in relation to the creation of the traumatic brain injury trust fund The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The state finance law is amended by adding a new section 2 99-ii to read as follows: 3 § 99-ii. Traumatic brain injury trust fund. 1. There is hereby estab- 4 lished in the joint custody of the state comptroller and the commission- 5 er of taxation and finance a fund to be known as the traumatic brain 6 injury trust fund. A traumatic brain injury trust fund authority shall 7 be appointed to administer the traumatic brain injury trust fund. 8 2.(a) The traumatic brain injury trust fund authority shall consist of 9 ten members serving for terms of three years. All members shall be 10 appointed by the governor, five of whom shall be citizens who have 11 sustained traumatic brain injury or members of such persons' immediate 12 families, no more than one of whom shall reside in the same geographic 13 area of the state. The governor shall appoint the remaining five members 14 from recommendations submitted by the Brain Injury Association of New 15 York State and other organizations or facilities that specialize in 16 brain injury rehabilitation. 17 (b) The governor shall designate a chairperson of the authority from 18 among its members, which chairperson shall serve at the pleasure of the 19 governor. The authority may elect such other officers and committees as 20 it considers appropriate. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01311-01-1A. 1003 2 1 (c) The members shall receive no compensation for their services as 2 members, but shall be reimbursed for their actual and necessary expenses 3 incurred in the performance of their duties. 4 (d) The authority shall have the power to accept applications for 5 disbursements of available money from the fund and authorize disburse- 6 ment of funds to qualified individuals, as defined in subdivision four 7 of this section. 8 (e) The authority shall adopt rules and regulations for the adminis- 9 tration of the fund to carry out the purposes and provisions of this 10 section. Such regulations shall be adopted in accordance with article 11 two of the state administrative procedure act. 12 3. Such fund shall consist of all moneys appropriated for the purpose 13 of such fund, moneys collected by the state from courts of the unified 14 court system pursuant to sections eighteen hundred nine and eighteen 15 hundred nine-c of the vehicle and traffic law and all other moneys 16 transferred to such fund pursuant to law. Any interest earned by the 17 investment of moneys in such fund shall be added to such fund, become a 18 part of such fund, and be used for the purpose of such fund. 19 4. Monies of the fund shall be expended only to qualified individuals 20 not eligible for Medicaid funded, or otherwise insurance covered, trau- 21 matic brain injury programs and services. Such fund shall be a payer of 22 last resort for all applicable supports and services. A qualified indi- 23 vidual must: 24 (a) provide medical documentation of a traumatic brain injury, as 25 defined by section twenty-seven hundred forty-one of the public health 26 law; 27 (b) be a New York resident for at least ninety consecutive days prior 28 to application date; 29 (c) have less than one hundred thousand dollars in liquid assets; 30 (d) provide proof of denial from other funding sources; and 31 (e) be willing to accept services from an approved facility or 32 program. 33 5. Monies shall be payable from the fund on the audit and warrant of 34 the comptroller on vouchers approved and certified by the authority. 35 Annually, payments from the fund shall be capped at three thousand 36 dollars per individual, with a lifetime cap of one hundred thousand 37 dollars per individual. 38 § 2. Subdivision 3 of section 1809 of the vehicle and traffic law, as 39 amended by chapter 309 of the laws of 1996, is amended to read as 40 follows: 41 3. The mandatory surcharge provided for in subdivision one of this 42 section shall be paid to the clerk of the court or administrative tribu- 43 nal that rendered the conviction. Within the first ten days of the month 44 following collection of the mandatory surcharge the collecting authority 45 shall determine the amount of mandatory surcharge collected and, if it 46 is an administrative tribunal or a town or village justice court, it 47 shall pay such money to the state comptroller who shall deposit such 48 money in the state treasury pursuant to section one hundred twenty-one 49 of the state finance law to the credit of the general fund; provided, 50 however, that the comptroller shall deposit ten percent of such money 51 collected for violations of sections eleven hundred eighty, eleven 52 hundred ninety-two and twelve hundred twelve of this chapter to the 53 credit of the traumatic brain injury trust fund established pursuant to 54 section ninety-nine-ii of the state finance law. If such collecting 55 authority is any other court of the unified court system, it shall, 56 within such period, pay such money to the state commissioner of taxationA. 1003 3 1 and finance to the credit of the criminal justice improvement account 2 established by section ninety-seven-bb of the state finance law; 3 provided, however, that the state commissioner of taxation and finance 4 shall deposit ten percent of such money collected for violations of 5 sections eleven hundred eighty, eleven hundred ninety-two and twelve 6 hundred twelve of this chapter to the credit of the traumatic brain 7 injury trust fund established pursuant to section ninety-nine-ii of the 8 state finance law. The crime victim assistance fee provided for in 9 subdivision one of this section shall be paid to the clerk of the court 10 or administrative tribunal that rendered the conviction. Within the 11 first ten days of the month following collection of the crime victim 12 assistance fee, the collecting authority shall determine the amount of 13 crime victim assistance fee collected and, if it is an administrative 14 tribunal or a town or village justice court, it shall pay such money to 15 the state comptroller who shall deposit such money in the state treasury 16 pursuant to section one hundred twenty-one of the state finance law to 17 the credit of the criminal justice improvement account established by 18 section ninety-seven-bb of the state finance law. 19 § 3. Subdivision 2 of section 1809-c of the vehicle and traffic law, 20 as added by section 37 of part J of chapter 62 of the laws of 2003, is 21 amended to read as follows: 22 2. The additional surcharge provided for in subdivision one of this 23 section shall be paid to the clerk of the court that rendered the 24 conviction. Within the first ten days of the month following collection 25 of the surcharge the collecting authority shall determine the amount of 26 surcharge collected and it shall pay such money to the state comptroller 27 who shall deposit such money in the state treasury pursuant to section 28 one hundred twenty-one of the state finance law to the credit of the 29 general fund; provided, however, that the state comptroller shall depos- 30 it ten percent of such money collected pursuant to this section to the 31 credit of the traumatic brain injury trust fund established pursuant to 32 section ninety-nine-ii of the state finance law. 33 § 4. This act shall take effect immediately.