Senate Bill No. 223
(By Senators Tomblin (Mr. President) and Buckalew
By Request of the Executive)
____________
[Introduced January 26, 1998; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
____________
A BILL to amend chapter eighteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article ten-j, relating to
the traumatic brain and spinal cord injury rehabilitation
fund act; establishing the traumatic brain and spinal cord
injury rehabilitation fund; assessing additional court costs
to convictions in municipal, magistrate and circuit courts
for driving under the influence of alcohol or drugs,
speeding, reckless driving and racing on streets and
highways; collection of additional court costs and transfer
to special revenue account in the state treasury;
administrative costs; deposits and contributions into the
fund; administration of the fund; creating traumatic brain
and spinal cord injury rehabilitation fund board;
establishing qualifications and terms for members of the board; authority of governor to appoint members of board;
removal of board members; legislative rules; expenses for
board members; powers, duties and responsibilities of the
board; uses of the fund; criteria for fund uses; and reports
to the Legislature.
Be it enacted by the Legislature of West Virginia:
That chapter eighteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article ten-j, to read
as follows:
ARTICLE 10J. WEST VIRGINIA TRAUMATIC BRAIN AND SPINAL CORD
INJURY REHABILITATION FUND ACT.
§18-10J-1. Legislative findings and declarations.
Individuals with traumatic brain and spinal cord injuries
comprise a significant and increasing percentage of West
Virginia's population. The Legislature finds and declares that
action is necessary to assist the state of West Virginia in
meeting the critical rehabilitation needs of its citizens who
have experienced traumatic brain or spinal cord injury. The cost
to vocationally rehabilitate a person with a traumatic brain or
spinal cord injury is on average two and one-half times greater
than the cost of rehabilitating individuals with other
disabilities. Traumatic brain and spinal cord injuries typically occur to individuals between fifteen and twenty-nine years of
age. The Legislature finds and declares that the establishment
of the West Virginia traumatic brain and spinal cord injury
rehabilitation fund will enable the state of West Virginia to
assist its citizens in meeting the critical rehabilitation needs
of persons who have experienced traumatic brain and spinal cord
injuries, thus reducing the prospects of these individuals
becoming dependent upon government assistance. Inasmuch as motor
vehicle accidents and crashes, due to both excessive speed and
alcohol or drugs, are the leading causes of such injuries, both
in West Virginia and nationwide, the Legislature determines that
the West Virginia traumatic brain and spinal cord injury
rehabilitation fund should be funded by an additional court cost
levied against those individuals who are convicted of or plead
guilty to speed and alcohol or drug-related traffic offenses in
the state of West Virginia.
§18-10J-2. Terms defined.
As used in this article, the term:
(a) "Board" means the West Virginia traumatic brain and
spinal cord injury rehabilitation fund board.
(b) "Fund" means the West Virginia traumatic brain and
spinal cord injury rehabilitation fund.
(c) "Traumatic brain injury" means an acquired injury to the
brain, including brain injuries caused by anoxia due to near drowning. "Traumatic brain injury" does not include brain
dysfunction caused by congenital or degenerative disorders, nor
birth trauma.
(d) "Spinal cord injury" means a traumatic injury to the
spinal cord that results in a permanent loss of sensation and
voluntary movement below the level of the lesion.
§18-10J-3. Court costs for certain traffic convictions.
(a) Every person who is convicted or pleads guilty to a
violation of section three, article five, chapter seventeen-c,
section one, article six, chapter seventeen-c, or section eight,
article six, chapter seventeen-c of this code shall pay the sum
of ten dollars in court costs in addition to any other court
costs that the court is required by law to impose upon the
person.
(b) A person who is convicted of or pleads guilty to a
violation of section two, article five, chapter seventeen-c of
this code shall pay the sum of twenty-five dollars in court costs
in addition to any other court costs that the court is required
by law to impose upon the person.
(c) All court costs collected pursuant to subsections (a)
and (b) of this section shall be deposited in the West Virginia
traumatic brain and spinal cord injury rehabilitation fund
created herein.
§18-10J-4. Fund created; transfer of costs collected; contributions; administration of fund;
administrative fees.
(a) The offices and the clerks of the municipal, magistrate
and circuit courts shall, on or before the tenth day of each
month, transmit all costs received during the previous month for
the West Virginia traumatic brain and spinal cord injury
rehabilitation fund in accordance with the provisions of section
three, article ten-j, chapter eighteen of this code for deposit
in the state treasury to the credit of a special revenue account
to be known as the "West Virginia traumatic brain and spinal cord
injury rehabilitation fund," which is created under the division
of rehabilitation services. The offices and the clerks of the
municipal, magistrate and circuit courts may retain five percent
of the funds collected and transmitted to the treasury under this
section as an administrative fee for such collection. The West
Virginia traumatic brain and spinal cord injury rehabilitation
fund may receive any gifts, grants, contributions or other money
from any source which is specifically designated for deposit in
the fund.
(b) All moneys collected, received and deposited into the
state treasury and credited to the West Virginia traumatic brain
and spinal cord injury rehabilitation fund shall be expended by
the board exclusively in accordance with the uses and criteria
set forth in this article.
(c) Any municipal, magistrate or circuit court before which
a person is convicted of one of the aforementioned offenses shall
assess and make a reasonable effort to collect the court costs
due under this article whether or not any other court cost or
fine is assessed or collected.
(d) The fund shall be administered by the division of
rehabilitation services under the department of education and the
arts. The division of rehabilitation services is authorized to
retain an amount not to exceed ten percent per annum of the
balance of the fund to cover any costs of administration of the
fund.
§18-10J-5. Board created, membership, terms, officers and staff.
(a) There is established the West Virginia traumatic brain
and spinal cord injury rehabilitation fund board.
(b) The board shall consist of twenty-three members as
follows:
(1) Secretary of the department of education and the arts,
ex officio, or his or her designee;
(2) Secretary of health and human resources, ex officio, or
his or her designee;
(3) State superintendent of schools, ex officio, or his or
her designee;
(4) Secretary of the department of military affairs and
public safety, ex officio, or his or her designee;
(5) Director of the bureau of behavioral health within the
department of health and human resources, ex officio, or his or
her designee;
(6) Director of the division of rehabilitation services, ex
officio, or his or her designee;
(7) Director of the bureau of medical services, ex officio,
or his or her designee;
(8) Director of the office of emergency services, ex
officio, or his or her designee;
(9) Commissioner of the bureau of employment programs, ex
officio, or his or her designee;
(10) Seven members appointed by the governor of the state of
West Virginia to represent public and nonprofit private health
organizations or other disability coalitions or advisory groups.
(11) Seven members appointed by the governor of the state of
West Virginia who are either survivors of traumatic brain or
spinal cord injury or family members of persons with traumatic
brain or spinal cord injury.
(c) Members shall be appointed by the governor for terms of
three years, except that of the members first appointed, two of
the representatives of public and nonprofit private health
organizations, disability coalitions or advisory groups and two
of the representatives of survivors or family members of persons
with traumatic brain or spinal cord injuries shall serve for terms of one year, two of the representatives of each of those
respective groups shall serve for terms of two years, and the
remaining three representatives of each of those respective
groups shall serve for terms of three years. All subsequent
appointments shall be for three years. Members shall serve until
the expiration of the term for which they have been appointed or
until their successors have been appointed and qualified. In the
event of a vacancy in the office of a member of the board other
than by expiration of a term, the governor shall appoint a
qualified person to fill the vacancy for the unexpired term. No
member may serve more than two consecutive three-year terms.
State officers or employees may be appointed to the board unless
otherwise prohibited by law.
(d) In the event a board member fails to attend more than
twenty-five percent of the scheduled meetings in a twelve-month
period, the board may, after written notification of that member
and the secretary of education and the arts, request in writing
that the governor remove the member and appoint a new member to
serve his or her unexpired term.
(e) The board shall elect from its membership a
chairperson, treasurer and secretary as well as any other officer
as appropriate. The term of the chairperson is for two years in
duration and he or she cannot serve more than two consecutive
terms.
§18-10J-6. Promulgation of legislative rules.
The board shall propose rules for legislative approval in
accordance with the provisions of article three, chapter twenty- nine-a of this code for the transaction of its business and to
carry out the purposes of this article.
§18-10J-7. Compensation and expenses of board.
Members of the board are entitled to receive reimbursement
for reasonable and necessary expenses actually incurred in the
performance of their duties as members of the board in accordance
with state travel regulations. Members with disabilities are
also entitled to reimbursement for costs associated with personal
assistance, interpreters and disability-related accommodations
for the purpose of conducting the business of the board.
Reimbursement and other costs authorized in this section shall be
paid from moneys in the fund.
§18-10J-8. Fund use.
(1) Moneys in the fund shall be used to pay for services
that will increase opportunities for and enhance the achievement
of functional independence, and a return to a productive
lifestyle for individuals who have suffered a traumatic brain
injury or a spinal cord injury.
(2) Services that are eligible for payment by the fund shall
include, but not be limited to:
(a) Case management;
(b) Rehabilitative therapies and services;
(c) Attendant care;
(d) Home accessibility modifications;
(e) Equipment necessary for activities; and
(f) Family support services.
(3) Funds shall be expended according to the priorities and
criteria for disbursement established by the board under section
nine of this article.
§18-10J-9. Criteria and priorities for use of fund.
(1) In order to assure maximum benefits from the fund, the
board shall:
(a) Establish priorities and criteria for disbursement of
moneys in the fund; and
(b) Determine whether additional services should be eligible
for payments from the fund, and direct the division of
rehabilitation services in the department of education and the
arts to make those services eligible for payment by the fund.
(2) The board shall investigate the needs of citizens with
traumatic brain injuries and spinal cord injuries, identify the
gaps in services to these citizens, and issue an annual report to
the Legislature each year containing recommendations for meeting
the needs of these citizens and for improving services
coordination regarding traumatic brain injuries and spinal cord injuries, and summarizing its actions during the preceding year.
(3) Moneys expended for services described under section
eight of this article shall be as a payer of last resort and only
for citizens of the state of West Virginia. Comparable benefits
and services available to an individual shall be utilized prior
to the expenditure of moneys available to that individual through
the fund.
NOTE: The purpose of this bill is to create the West
Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation
Fund as a special revenue account in the state treasury which
will be administered by the West Virginia Division of
Rehabilitation Services under the Department of Education and the
Arts. The bill creates a twenty-three member board, appointed by
the governor, to oversee the operation of the fund, establish
priorities and criteria for disbursement of moneys in the fund,
determine which services should be eligible for payment from the
fund, and to investigate the needs of West Virginians with
traumatic brain and spinal cord injuries, identify gaps in
services to these citizens and issue a report to the Legislature
on an annual basis summarizing its actions during the preceding
year and making recommendations for meeting the needs of and
improving the coordination of services to West Virginians with
traumatic brain and spinal cord injuries. The revenue source for
the fund is an additional court cost upon individuals who are
convicted of or plead guilty to driving under the influence of
alcohol or drugs, speeding, reckless driving and racing on
streets and highways.
This article is new; therefore, strike-throughs and
underscoring have been omitted.