S T A T E   O F   N E W   Y O R K
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                                 4599--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2015
                               ___________

Introduced  by M. of A. CLARK -- Multi-Sponsored by -- M. of A. STECK --
  read once and referred to the Committee on Ways and Means -- recommit-
  ted to the Committee on Ways and Means  in  accordance  with  Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee

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-y to read as follows:
  S  99-Y.  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  MEMBER  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08688-04-6
              

A. 4599--B                          2

  (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.
  (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-Y 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

A. 4599--B                          3

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-Y  OF  THE
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-Y OF THE STATE FINANCE LAW.
  S 4. This act shall take effect immediately.