What's happening
This bill creates a traumatic brain injury trust fund in New York, funded by certain vehicle violation surcharges, to assist eligible residents with brain injuries.
Why it matters
Creates a dedicated funding stream for traumatic brain injury (TBI) assistance by diverting a portion of traffic violation surcharges. meaning every time someone pays a fine for certain vehicle violations, a share directly supports brain injury survivors, potentially making resources more stable and less vulnerable to general budget cuts.
Establishes a statewide authority—including individuals with lived experience of TBI and their families—to oversee fund disbursement and set program rules. , increasing the likelihood that allocated resources will reflect the real needs and priorities of the TBI community.
Targets support specifically to New Yorkers with TBI who fall through coverage gaps. only those not eligible for Medicaid or insurance-covered programs, with limited assets, and denied other funding, can access this fund—addressing critical unmet needs for the most financially vulnerable.
Imposes annual and lifetime caps on benefits ($3,000 per year, $100,000 lifetime per individual). , which may help the fund serve more people but could limit the depth of support for those with extensive, ongoing needs.
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Who cares
Headline styles
Create Brain Injury Aid Fund
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to finance
- Returned to senate
- Died in assembly
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 60–0
- Ordered to third reading cal.1786
- Committee discharged and committed to rules
- Referred to finance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Create Brain Injury Trust Fund
In Assembly Committee · Ways And Means · Sponsor Kevin Cahill
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3752
2017-2018 Regular Sessions
IN SENATE
January 26, 2017
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 Assembly, 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 established in the joint custody of the state comptroller and the commissioner 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 administration 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, traumatic brain injury programs and services. Such fund shall be a payer of last resort for all applicable supports and services. A qualified individual 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 tribunal 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 deposit 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 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
2016: S.8024 - Referred to Rules
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.