Establishes Jacobs' fund to assist victims of drunk or drug impaired driving who are permanently disabled

BILL NUMBER:S3405

Title of bill

An act to amend the vehicle and traffic law, the state finance law and the social services law, in relation to establishing Jacobs' fund to assist victims of drunk or drug impaired driving who are permanently disabled

Purpose or general idea of bill

To establish and implement "Jacobs' fund", a fund that shall financially assist people who are permanently disabled and unable to work, resulting from the unlawful actions of (a) drunk or drug impaired driver(s).

Summary of specific provisions

Section 1: Subdivision 12 of section 503 of the vehicle and traffic law is amended with the creation and implementation of "Jacobs' fund", as set forth in section eighty-one of the state finance law.

Section 2: The addition of section 51 to the state finance law, whereby releasing monies and authorizing the department of social services to assist victims of drunk or drug impaired drivers.

Section 3: Section 20, subdivision 9, of the social services law shall develop, in cooperation with local social services districts and appro- priate federal agencies, a program to assist victims of drunk or drug impaired driving who are permanently disabled and unable to work. Distribution and application of funds will be made in a matter and form as determined by the office of temporary and disability assistance.

Justification

In 1994, Mr. David Jacobs was a victim of a drunk driv- er, and for the past fifteen years, Mr. Jacobs has endured and suffered through a considerable amount of pain, resulting in numerous hospital visits, surgery appointments and seven herniated discs. Today he is surviving on social security alone without the prospect of ever phys- ically being able to return and go back to work. He has had no choice but to accrue medicated expenses to suppress his pain, including Perco- cet, which has cost him upwards of $357/month.

The establishment and implementation of "Jacobs' fund" will compensate victims beyond Social Security Income and social Security Disability who are permanently disabled and unable to work. However, victims that do recover and go back to work are excluded from receiving monies from Jacobs' fund to supplement their social security Income and social Secu- rity Disability, respectively.

Prior legislative history

2011-2012: S.1830 - Referred to Transporta- tion

Fiscal implications

The Department of Motor Vehicles will tack on a one dollar surcharge to be deposited in a special fund known as "Jacobs' fund". Coinciding with the fund shall be a distribution of five hundred

dollars per a month per a permanently disabled victim of a drunk or drug impaired driver, as credited by the comptroller.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law, provided, however, that effective immediately, the addition, amendment and/or repeal of any rule of regu- lation necessary for the implementation of this act on its effective date is authorized to be made and completed on or before such date.