H. B. 2763
(By Mr. Speaker, Mr. Kiss, By Request)
[Introduced March 6, 2001; referred to the
Committee on Health and Human Resources then the
Judiciary.]
A BILL to amend and reenact section five, article ten-k, chapter
eighteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to providing
additional funding sources for the West Virginia traumatic
brain and spinal cord injury rehabilitation fund.
Be it enacted by the Legislature of West Virginia:
That section five, article ten-k, chapter eighteen of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 10K. WEST VIRGINIA TRAUMATIC BRAIN AND SPINAL CORD
INJURY REHABILITATION FUND ACT.
§18-10K-5. Fund created; administration of fund; administrative
fees; fund use.
(a) There is created in the state treasury a special revenue
account to be known as the "West Virginia traumatic brain and
spinal cord injury rehabilitation fund" which is under the
jurisdiction of the division of rehabilitation services. The West
Virginia traumatic brain and spinal cord injury rehabilitation fund
is subject to the annual appropriation of funds by the Legislature.
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. Expenditures from this fund for any other
purposes are void.
(c) Specific sources of funding dedicated to the West Virginia
traumatic brain and spinal cord injury rehabilitation fund shall
include the following:
(1) For persons adjudicated guilty of any offense under the
provisions of section two, article five, chapter seventeen-c of this code, a thirty dollar assessment in addition to all other
fines and costs shall be collected by the court and transferred to
the West Virginia traumatic brain and spinal cord injury
rehabilitation fund.
(2) For persons adjudicated guilty of any offense under the
provisions of section one, article six, chapter seventeen-c of this
code or under section four-b, article three of said chapter, a
fifteen dollar assessment in addition to all other fines and costs
shall be collected by the court and transferred to the West
Virginia traumatic brain and spinal cord injury rehabilitation
fund.
(3) For persons whose driving privileges have been revoked
pursuant to any provision contained in article five-a, chapter
seventeen-c of this code and who qualify for reinstatement of
licensing privileges and who apply for reinstatement, a fee of
thirty dollars in addition to all other fees and costs charged for
reinstatement shall be collected by the department of motor
vehicles and transferred to the West Virginia traumatic brain and
spinal cord injury rehabilitation fund.
(4) Every retailer in this state who sells any new all-terrain
vehicle shall collect a surcharge of twenty dollars on each such vehicle sold, in addition to all other fees, taxes and costs
associated with the sale which shall be payable on a quarterly
basis to the state tax division for eventual dedication to the West
Virginia traumatic brain and spinal cord injury rehabilitation
fund. The tax division shall propose legislative rules designed to
implement the provisions of this subdivision.
(5) For persons who are required to complete the safety and
treatment program in compliance with the provisions of section
three, article five-a, chapter seventeen-c of this code prior to
being eligible for reinstatement of driving privileges, an
additional fee of fifty dollars shall be collected by the
department of motor vehicles in addition to all other fees and
costs and transferred to the West Virginia traumatic brain and
spinal cord injury rehabilitation fund.
(c) (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 may 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.
(d) (e) Nothing in this article may be construed to mandate
funding for the West Virginia traumatic brain and spinal cord injury rehabilitation fund or to require any appropriation by the
Legislature.
(e) (f) 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.
(f) (g) Services that are eligible for payment by the fund
shall include, but not be limited to:
(1) Case management;
(2) Rehabilitative therapies and services;
(3) Attendant care;
(4) Home accessibility modifications;
(5) Equipment necessary for activities; and
(6) Family support services.
(g) (h) Funds shall be expended according to the priorities
and criteria for disbursement established by the board under
section six of this article.
NOTE: The purpose of this bill is to provide funding sources
for the West Virginia traumatic brain and spinal cord injury
rehabilitation fund. Extra fees are applied to criminal fines for
DUI and speeding, for persons applying for reinstatement of
licensing privileges or paying for the safety and treatment
program, and a surcharge is imposed on sales of ATVs.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.