Bill Text: NY A10583 | 2009-2010 | General Assembly | Introduced

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Bill Title: Establishes a visor card for the deaf and hard of hearing.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-04-08 - referred to transportation [A10583 Detail]

Download: New_York-2009-A10583-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10583
                                 I N  A S S E M B L Y
                                     April 8, 2010
                                      ___________
       Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
         tee on Transportation
       AN ACT to amend the vehicle and traffic law, in relation to establishing
         visor communication cards for the deaf and hard  of  hearing;  and  to
         amend  the state finance law, in relation to establishing the New York
         state deaf and hard of hearing fund
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
    2  section 404-x to read as follows:
    3    S 404-X.  VISOR COMMUNICATION CARD FOR THE NEW  YORK  STATE  DEAF  AND
    4  HARD  OF  HEARING. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
    5  HAVE THE FOLLOWING MEANINGS:
    6    (A) "DEAF PERSON" SHALL MEAN ANY PERSON WHO, BECAUSE OF HEARING  LOSS,
    7  IS  NOT  ABLE  TO  DISCRIMINATE SPEECH WHEN SPOKEN IN A NORMAL CONVERSA-
    8  TIONAL TONE REGARDLESS OF THE USE OF AMPLIFICATION DEVICES; AND
    9    (B) "HARD OF HEARING PERSON" SHALL MEAN ANY  PERSON  WHO,  BECAUSE  OF
   10  HEARING  LOSS,  HAS  A  DIMINISHED  CAPACITY TO DISCRIMINATE SPEECH WHEN
   11  SPOKEN IN A NORMAL CONVERSATIONAL TONE.
   12    (C) "VISOR COMMUNICATION  CARD"  SHALL  MEAN  SUCH  IDENTIFICATION  AS
   13  ISSUED  BY THE DEPARTMENT WHICH IDENTIFIES THE DRIVER AS DEAF OR HARD OF
   14  HEARING, AS DEFINED IN THIS SECTION, AND WHICH DETAILS  THE  APPROPRIATE
   15  PROCEDURES FOR ASSISTING A DEAF OR HARD OF HEARING DRIVER DURING A TRAF-
   16  FIC STOP AS PROMULGATED BY THE DEPARTMENT PURSUANT TO THIS SECTION.
   17    2.  ANY PERSON RESIDING IN THIS STATE, UPON REQUEST AND ACCOMPANIED BY
   18  A DOCTOR'S STATEMENT INDICATING SUCH PERSON IS EITHER DEAF  OR  HARD  OF
   19  HEARING,  SHALL  BE  ISSUED  A VISOR COMMUNICATION CARD FOR THE DEAF AND
   20  HARD OF HEARING OF A DESIGN APPROVED BY THE COMMISSIONER.    APPLICATION
   21  FOR  SUCH  VISOR COMMUNICATION CARD SHALL BE FILED WITH THE COMMISSIONER
   22  IN SUCH FORM AND DETAIL AS THE COMMISSIONER SHALL PRESCRIBE.
   23    3. A VISOR COMMUNICATION CARD ISSUED PURSUANT TO THIS SECTION SHALL BE
   24  ISSUED UPON THE PAYMENT OF THE REGULAR REGISTRATION  FEE  PRESCRIBED  BY
   25  SECTION  FOUR  HUNDRED  ONE  OF THIS ARTICLE, PROVIDED, HOWEVER, THAT AN
   26  ADDITIONAL ANNUAL SERVICE CHARGE OF TEN DOLLARS  SHALL  BE  CHARGED  FOR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00737-08-0
       A. 10583                            2
    1  SUCH  VISOR  COMMUNICATION  CARD.    SUCH ANNUAL SERVICE CHARGE SHALL BE
    2  DEPOSITED TO THE CREDIT OF THE "NEW YORK STATE DEAF AND HARD OF  HEARING
    3  FUND"  ESTABLISHED  PURSUANT  TO  SECTION NINETY-SEVEN-JJJJ OF THE STATE
    4  FINANCE  LAW  AND  SHALL  BE  USED FOR PROGRAMS FOR THE DEAF AND HARD OF
    5  HEARING PURSUANT TO SECTION NINETY-SEVEN-JJJJ OF THE STATE FINANCE  LAW.
    6  PROVIDED,  HOWEVER,  THAT  ONE  YEAR  AFTER  THE  EFFECTIVE DATE OF THIS
    7  SECTION, FUNDS IN THE AMOUNT OF FIVE THOUSAND DOLLARS, OR SO MUCH THERE-
    8  OF AS MAY BE AVAILABLE, SHALL BE ALLOCATED FROM SUCH FUND TO THE DEPART-
    9  MENT TO OFFSET COSTS ASSOCIATED WITH THE PRODUCTION OF SUCH VISOR COMMU-
   10  NICATION CARDS.
   11    S 2. The state finance law is amended by adding a new section  97-jjjj
   12  to read as follows:
   13    S 97-JJJJ. THE NEW YORK STATE DEAF AND HARD OF HEARING FUND. 1.  THERE
   14  IS  HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXA-
   15  TION AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS  THE
   16  NEW YORK STATE DEAF AND HARD OF HEARING FUND.
   17    2.  SUCH  FUND  SHALL  CONSIST OF ALL REVENUES RECEIVED PURSUANT TO AN
   18  APPROPRIATION BY THE  LEGISLATURE,  ALL  MONEYS  COLLECTED  PURSUANT  TO
   19  SECTION FOUR HUNDRED FOUR-X OF THE VEHICLE AND TRAFFIC LAW AND ALL OTHER
   20  MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND
   21  OR  SOURCE  PURSUANT  TO  LAW.  NOTHING  CONTAINED IN THIS SECTION SHALL
   22  PREVENT THE STATE FROM RECEIVING  GRANTS,  GIFTS  OR  BEQUESTS  FOR  THE
   23  PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
   24  THE FUND ACCORDING TO LAW.
   25    3. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR PROGRAMS FOR THE DEAF
   26  AND HARD OF HEARING.
   27    4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
   28  THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
   29  OF MOTOR VEHICLES.
   30    S 3. This act shall take effect on the one hundred eightieth day after
   31  it shall have become a law.  Effective immediately, the addition, amend-
   32  ment and/or repeal of any rule or regulation necessary for the implemen-
   33  tation of this act on its effective date are authorized to be made on or
   34  before such effective date.