NY State Senate Bill 2015-S8024

Archive: Last Bill Status - In Senate Committee Rules 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2016	referred to rules

2015-S8024 (ACTIVE) - Details

See Assembly Version of this Bill:: A10437
Current Committee:: Senate Rules
Law Section:: State Finance Law
Laws Affected:: Add §99-z, St Fin L; amd §§1809 & 1809-c, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9747
2017-2018: S3752, A105
2019-2020: A158
2021-2022: A1003

2015-S8024 (ACTIVE) - Summary

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.

2015-S8024 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S8024

 TITLE OF BILL :

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

 PURPOSE OR GENERAL IDEA OF BILL :

To create the traumatic brain injury trust fund.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends the state finance law by adding a new section 99-y,
creating the traumatic brain injury fund and its authority. The
authority shall consist of ten members all appointed by the Governor.
The authority shall have the power to accept applications for
disbursements of available money from the fund. It is also provided
that monies of the fund shall be expended only to qualified
individuals not eligible for Medicaid funded, or otherwise insurance
covered, traumatic brain injury programs and services. A qualified
individual must provide medical documentation of a traumatic brain
injury, as defined by section two thousand seven hundred forth-one of
the public health law; New York residency for at least ninety
consecutive days prior to application date; proof of less than one
hundred thousand dollars in liquid assets; proof of denial from other

funding sources; and willingness to accept services from an approved
facility or program.

Section 2 amends subdivision 3 of section 1809 of the vehicle and
traffic law, allowing the comptroller to deposit ten percent surcharge
for traffic 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.

Section 3 amends subdivision 2 of section 1809-c of the vehicle and
traffic law, providing that the state comptroller shall deposit ten
percent of such money collected pursuant to this section to the credit
of the traumatic brain injury trust fund.

Section 4 is the effective date.

 JUSTIFICATION :

Traumatic brain injury is one of the major contributing factors to all
injury-related death in the United State (U.S. Center for Disease
Control and Prevention, 2010). In New York, there were more than
140,000 incidents with a diagnosis of traumatic brain injury in 2009
and more than 2,000 deaths were related to traumatic brain injury
(NYSDOH, 2011).

According to the New York State Department of Health's Five Year
Traumatic Brain Injury Action in 2012, the current New York State TBI
program provides the Medicaid Home and Community Based Services Waiver
that serves over 2,700 persons annually. The waiver uses Medicaid
funding to provide supports and services to assist individuals with a
TBI toward successful inclusion in the community by allowing waiver
participants move from a nursing facility to the community.

However, because the waiver serves only Medicaid eligible individuals
with a nursing home level of care need injured between the ages of 18
and 64, a small percentage of individuals in the state living with TBI
access the specialized community services available through the
waiver. Therefore, this legislation would establish a TBI Trust Fund
to support the cost of certain TBI services for those who are not

eligible for Medicaid funded or other insurance covered programs and
services.

 PRIOR LEGISLATIVE HISTORY :

2013: A.9746 - Referred to Ways and Means

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
Immediately

2015-S8024 (ACTIVE) - Bill Text download pdf

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

                                  8024

                            I N  S E N A T E

                              June 6, 2016
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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

S. 8024                             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

S. 8024                             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.

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Senate Bill S8024

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

2015-S8024 (ACTIVE) - Details

2015-S8024 (ACTIVE) - Summary

2015-S8024 (ACTIVE) - Sponsor Memo

2015-S8024 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8024

Share this bill

Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Rules Committee

2015-S8024 (ACTIVE) - Details

2015-S8024 (ACTIVE) - Summary

2015-S8024 (ACTIVE) - Sponsor Memo

2015-S8024 (ACTIVE) - Bill Text download pdf

Comments