S T A T E   O F   N E W   Y O R K
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                                  10437

                          I N  A S S E M B L Y

                              May 27, 2016
                               ___________

Introduced by M. of A. CAHILL -- 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:

  Section  1.  The  state finance law is amended by adding a new section
99-z to read as follows:
  S 99-Z. TRAUMATIC BRAIN INJURY TRUST FUND. 1. THERE IS  HEREBY  ESTAB-
LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
ER  OF  TAXATION  AND  FINANCE A FUND TO BE KNOWN AS THE TRAUMATIC BRAIN
INJURY TRUST FUND.  A TRAUMATIC BRAIN INJURY TRUST FUND AUTHORITY  SHALL
BE APPOINTED TO ADMINISTER THE TRAUMATIC BRAIN INJURY TRUST FUND.
  2.(A) THE TRAUMATIC BRAIN INJURY TRUST FUND AUTHORITY SHALL CONSIST OF
TEN  MEMBERS  SERVING  FOR  TERMS  OF  THREE YEARS. ALL MEMBERS SHALL BE
APPOINTED BY THE GOVERNOR, FIVE OF  WHOM  SHALL  BE  CITIZENS  WHO  HAVE
SUSTAINED  TRAUMATIC  BRAIN INJURY OR MEMBERS OF SUCH PERSONS' IMMEDIATE
FAMILIES, NO MORE THAN ONE OF WHOM SHALL RESIDE IN THE  SAME  GEOGRAPHIC
AREA OF THE STATE. THE GOVERNOR SHALL APPOINT THE REMAINING FIVE MEMBERS
FROM  RECOMMENDATIONS  SUBMITTED  BY THE BRAIN INJURY ASSOCIATION OF NEW
YORK STATE AND OTHER ORGANIZATIONS  OR  FACILITIES  THAT  SPECIALIZE  IN
BRAIN INJURY REHABILITATION.
  (B)  THE  GOVERNOR SHALL DESIGNATE A CHAIRPERSON OF THE AUTHORITY FROM
AMONG ITS MEMBERS, WHICH CHAIRPERSON SHALL SERVE AT THE PLEASURE OF  THE
GOVERNOR.  THE AUTHORITY MAY ELECT SUCH OTHER OFFICERS AND COMMITTEES AS
IT CONSIDERS APPROPRIATE.
  (C) THE MEMBERS SHALL RECEIVE NO COMPENSATION FOR  THEIR  SERVICES  AS
MEMBERS, BUT SHALL BE REIMBURSED FOR THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  (D)  THE  AUTHORITY  SHALL  HAVE  THE POWER TO ACCEPT APPLICATIONS FOR
DISBURSEMENTS OF AVAILABLE MONEY FROM THE FUND AND  AUTHORIZE  DISBURSE-
MENT  OF  FUNDS TO QUALIFIED INDIVIDUALS, AS DEFINED IN SUBDIVISION FOUR
OF THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08688-06-6
              

A. 10437                            2

  (E) THE AUTHORITY SHALL ADOPT RULES AND REGULATIONS FOR  THE  ADMINIS-
TRATION  OF  THE  FUND  TO CARRY OUT THE PURPOSES AND PROVISIONS OF THIS
SECTION. SUCH REGULATIONS SHALL BE ADOPTED IN  ACCORDANCE  WITH  ARTICLE
TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
  3.  SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE PURPOSE
OF SUCH FUND, MONEYS COLLECTED BY THE STATE FROM COURTS OF  THE  UNIFIED
COURT  SYSTEM  PURSUANT  TO  SECTIONS EIGHTEEN HUNDRED NINE AND EIGHTEEN
HUNDRED NINE-C OF THE VEHICLE AND  TRAFFIC  LAW  AND  ALL  OTHER  MONEYS
TRANSFERRED  TO  SUCH  FUND  PURSUANT TO LAW. ANY INTEREST EARNED BY THE
INVESTMENT OF MONEYS IN SUCH FUND SHALL BE ADDED TO SUCH FUND, BECOME  A
PART OF SUCH FUND, AND BE USED FOR THE PURPOSE OF SUCH FUND.
  4.  MONIES OF THE FUND SHALL BE EXPENDED ONLY TO QUALIFIED INDIVIDUALS
NOT ELIGIBLE FOR MEDICAID FUNDED, OR OTHERWISE INSURANCE COVERED,  TRAU-
MATIC  BRAIN INJURY PROGRAMS AND SERVICES. SUCH FUND SHALL BE A PAYER OF
LAST RESORT FOR ALL APPLICABLE SUPPORTS AND SERVICES. A QUALIFIED  INDI-
VIDUAL MUST:
  (A)  PROVIDE  MEDICAL  DOCUMENTATION  OF  A TRAUMATIC BRAIN INJURY, AS
DEFINED BY SECTION TWO THOUSAND SEVEN HUNDRED FORTY-ONE  OF  THE  PUBLIC
HEALTH LAW;
  (B)  BE A NEW YORK RESIDENT FOR AT LEAST NINETY CONSECUTIVE DAYS PRIOR
TO APPLICATION DATE;
  (C) HAVE LESS THAN ONE HUNDRED THOUSAND DOLLARS IN LIQUID ASSETS;
  (D) PROVIDE PROOF OF DENIAL FROM OTHER FUNDING SOURCES; AND
  (E) BE WILLING  TO  ACCEPT  SERVICES  FROM  AN  APPROVED  FACILITY  OR
PROGRAM.
  5.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND  CERTIFIED  BY  THE  AUTHORITY.
ANNUALLY,  PAYMENTS  FROM  THE  FUND  SHALL  BE CAPPED AT THREE THOUSAND
DOLLARS PER INDIVIDUAL, WITH A LIFETIME  CAP  OF  ONE  HUNDRED  THOUSAND
DOLLARS PER INDIVIDUAL.
  S 2.  Subdivision 3 of section 1809 of the vehicle and traffic law, as
amended  by  chapter  309  of  the  laws  of 1996, is amended to read as
follows:
  3. The mandatory surcharge provided for in  subdivision  one  of  this
section shall be paid to the clerk of the court or administrative tribu-
nal that rendered the conviction. Within the first ten days of the month
following collection of the mandatory surcharge the collecting authority
shall  determine  the amount of mandatory surcharge collected and, if it
is an administrative tribunal or a town or  village  justice  court,  it
shall  pay  such  money  to the state comptroller who shall deposit such
money in the state treasury pursuant to section one  hundred  twenty-one
of  the  state  finance law to the credit of the general fund; PROVIDED,
HOWEVER, THAT THE COMPTROLLER SHALL DEPOSIT TEN PERCENT  OF  SUCH  MONEY
COLLECTED  FOR  VIOLATIONS  OF  SECTIONS  ELEVEN  HUNDRED EIGHTY, ELEVEN
HUNDRED NINETY-TWO AND TWELVE HUNDRED TWELVE  OF  THIS  CHAPTER  TO  THE
CREDIT  OF THE TRAUMATIC BRAIN INJURY TRUST FUND ESTABLISHED PURSUANT TO
SECTION NINETY-NINE-Z OF THE STATE FINANCE  LAW.    If  such  collecting
authority  is  any  other  court  of the unified court system, it shall,
within such period, pay such money to the state commissioner of taxation
and finance to the credit of the criminal  justice  improvement  account
established  by  section  ninety-seven-bb  of  the  state  finance  law;
PROVIDED, HOWEVER, THAT THE STATE COMMISSIONER OF TAXATION  AND  FINANCE
SHALL  DEPOSIT  TEN  PERCENT  OF  SUCH MONEY COLLECTED FOR VIOLATIONS OF
SECTIONS ELEVEN HUNDRED EIGHTY, ELEVEN  HUNDRED  NINETY-TWO  AND  TWELVE
HUNDRED  TWELVE  OF  THIS  CHAPTER  TO THE CREDIT OF THE TRAUMATIC BRAIN
INJURY TRUST FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-Z  OF  THE

A. 10437                            3

STATE  FINANCE  LAW.    The  crime victim assistance fee provided for in
subdivision one of this section shall be paid to the clerk of the  court
or  administrative  tribunal  that  rendered  the conviction. Within the
first  ten  days  of  the month following collection of the crime victim
assistance fee, the collecting authority shall determine the  amount  of
crime  victim  assistance  fee collected and, if it is an administrative
tribunal or a town or village justice court, it shall pay such money  to
the state comptroller who shall deposit such money in the state treasury
pursuant  to  section one hundred twenty-one of the state finance law to
the credit of the criminal justice improvement  account  established  by
section ninety-seven-bb of the state finance law.
  S  3.  Subdivision 2 of section 1809-c of the vehicle and traffic law,
as added by section 37 of part J of chapter 62 of the laws of  2003,  is
amended to read as follows:
  2.  The  additional  surcharge provided for in subdivision one of this
section shall be paid to the  clerk  of  the  court  that  rendered  the
conviction.  Within the first ten days of the month following collection
of the surcharge the collecting authority shall determine the amount  of
surcharge collected and it shall pay such money to the state comptroller
who  shall  deposit such money in the state treasury pursuant to section
one hundred twenty-one of the state finance law to  the  credit  of  the
general fund; PROVIDED, HOWEVER, THAT THE STATE COMPTROLLER SHALL DEPOS-
IT  TEN  PERCENT OF SUCH MONEY COLLECTED PURSUANT TO THIS SECTION TO THE
CREDIT OF THE TRAUMATIC BRAIN INJURY TRUST FUND ESTABLISHED PURSUANT  TO
SECTION NINETY-NINE-Z OF THE STATE FINANCE LAW.
  S 4. This act shall take effect immediately.