S T A T E O F N E W Y O R K
________________________________________________________________________
3752
2017-2018 Regular Sessions
I N S E N A T E
January 26, 2017
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Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
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:
§ 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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01666-01-7
S. 3752 2
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.
§ 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
S. 3752 3
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. 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.
§ 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.
§ 4. This act shall take effect immediately.
