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Governor’s Task Force on Traumatic Brain
Injury
TBI Trust Fund and Funding Sources
This is intended to focus discussion on the task which
is set forth in the Governor’s Executive Order 01-02 as follows:
“Explore sources of funding for a TBI
Trust Fund to be used to provide support and assistance to survivors which will help them in their efforts to reclaim their
lives, develop their abilities to function more independently and enable them
to be integrated into and make their contribution to society.”
Discussion Issues:
· Considering a Trust Fund (Review Public Policy Brief
from
· What has been done in other states (Attachment A).
· The most recent Trust Fund legislation passed, June
2002,
· An example of funding sources from citations,
·
Public Policy Brief
from
Evaluating State Traumatic Brain Injury Trust Fund Legislation:
Some Questions to Consider
A number
of States have established trust funds to finance traumatic brain injury (TBI)
services and supports. Some States are actively pursuing and others are
considering TBI trust fund legislation. A number of important issues should be
carefully considered prior to committing to the establishment of a TBI trust
fund. Particularly important is an awareness of potential negative implications
that might arise from the establishment of a trust fund. For example, would a
TBI-only trust fund alienate key stakeholders (e.g., cross-disability
coalitions) whose support will be needed for other initiatives or would a TBI
trust fund limit State appropriations to programs that serve individuals with
TBI and their families?
This
policy brief presents questions TBI stakeholders should address when
considering whether to pursue State trust fund legislation or when developing
and evaluating proposals. Questions have been organized into five categories:
1) Decision Process; 2) Financing; 3) Administration; 4) Functions; and, 5)
Oversight. Decision Process includes questions related to organization,
coalitions, priorities, and responsibility. The section on Financing addresses
matters related to securing and sustaining financial support to meet trust fund
objectives. Administration addresses issues associated with establishing and
operating a program that will ensure excellent customer service and efficient
use of resources. The fourth section, Functions, should help identify the kinds
of services and supports a fund might finance. The final section raises the
important issue of oversight—what oversight mechanisms should be established to
ensure solvency and that resources are used to meet the needs of individuals
with TBI and their families?
Decision
Process
1. What stakeholders (e.g., government,
cross-disability organizations, individuals, and community service providers)
would be involved in evaluating the feasibility of pursuing a trust fund?
2. How and by whom would these stakeholders be
identified?
3. How would decisions be reached (e.g., consensus
agreement)?
4. To whom would the stakeholders report or provide
recommendations?
5. How would the public policy objectives of a trust
fund be identified and prioritized?
6. What information/data would be used to evaluate the
feasibility of developing a trust fund?
7. Would a TBI trust fund alienate some stakeholders
that may be helpful in pursuing other systems changes? If yes, how would this
issue be addressed? If no, how could broader stakeholders help advance a trust
fund proposal?
Financing
1. What would be the source of revenue (e.g., traffic
fines, driving under the influence, State income tax, vehicle license charge)
for the trust fund?
2. Would the trust fund be able to accept private
contributions?
3. Would the funding source(s) be sufficient to meet
needs?
4. How stable/predictable are the funding sources
(i.e., are they tied to a sector of the economy that is subject to
fluctuation)?
5. Would contributions to the trust fund be time
limited?
6. Would the trust fund require periodic
reauthorization by the State legislature?
7. How would trust fund solvency be reviewed/addressed
to ensure services and supports are not cut and that individual and/or family
needs continue to be met?
8. Would a trust fund overtly or covertly result in
resources being diverted away from other TBI/disability programs?
Administration
1. If funded from fines, how would fines be assessed
and collected? Would the contribution to the trust fund be a required
percentage of a certain class of fines or would it be at a court’s discretion?
If the latter, how would court officers be trained/educated about their role in
assessing/collecting penalties for the trust fund?
2. How would the trust fund allocate resources or fund
services? Would the trust fund make an annual contribution to a given State
agency or would individuals apply directly to the trust fund for assistance?
Would the trust fund reimburse approved service providers for costs? How would
the reimbursement schedule be determined and adjusted?
3. How would eligibility be determined?
4. Would the fund be restricted to a specific age or
disability group?
5. Would the application process be cumbersome?
6. What appeals mechanism would be available to
adjudicate disputed claims?
7. What would be the annual administrative costs of
the trust fund and would these costs be paid from the trust fund?
8. Would the trust fund be administered through an
existing program or a new program?
9. What training, technical assistance, education and
outreach would be available to individuals, families, advocates, service
providers, and other stakeholders who would seek to access the trust fund?
10. Would the trust fund operate in a person-centered
or person-directed fashion?
11. Would the trust fund operate in a manner to meet
the unique needs of diverse populations?
12. Could the trust fund be reprogrammed to
provide/finance other State services? If yes, what authority (e.g., approval of
the Governor, agency administrator, trust fund advisory board, or State
legislature) is required?
Functions
1. Would the trust fund support only TBI services and
supports, any services and supports needed by individuals with TBI?
2. What is the purpose of the proposed State trust
fund? For example, would the trust fund cover hospital expenses for the
uninsured, medical rehabilitation, durable medical equipment, cognitive
rehabilitation, employment services, housing assistance, transportation
assistance, assistive technology, respite care, personal attendant services, an
array of services that individuals and families could choose from depending
upon need, support of a State surveillance system, or prevention and public
awareness?
3. Would the trust fund finance the most needed
services, as identified by individuals with TBI, families, and service
providers?
4. What percentage of the State’s population of
individuals with TBI and their families would receive assistance from the trust
fund? Where would those not eligible for trust fund assistance access/finance
services?
Oversight
1. Would the trust fund have an independent advisory
board that includes TBI stakeholders, including individuals with TBI, families,
advocacy organizations and service providers?
2. What would be the relationship between the trust
fund advisory board and the trust fund?
Would the trust fund’s administrator be obligated to listen to/implement
the recommendations of the advisory board?
3. How would members of a trust fund advisory board be
selected/appointed, and for what length of service?
4. What entity will be responsible for auditing the
trust fund?
5. What mechanism will be established to evaluate the
effectiveness of the trust fund in meeting the needs of individuals with TBI
and their families?
Approach to Task Force:
·
How
should the work be divided? Divide
questions among the group? Form separate
sub-groups to answer sub-topics?
·
Should
people from the outside be invited to serve?
·
Would
having guest speakers help?
·
Schedule
Task Group Meetings and create a work plan.
Attachment A
Dedicated Trust Funds for Persons with Brain
and/or Spinal Cord Injuries
|
STATE and YEAR OF INCEPTION |
SOURCES |
FUNDS COLLECTED |
SERVICES PROVIDED |
CONTACT |
1993 |
$100 Fine on DUI convictions |
$1.6 M Annually |
Community based services including: · Pre-vocational · Housing · Respite · Resource coordination · Recreation services |
Administered by: Division of Rehabilitation Services, with oversight by the Impaired Drivers Trust Fund Advisory Board. Department of Rehabilitation Services 35219 (205) 290-4408 |
1992 |
The original legislation instated a $2 fee on speeding, but the system has now moved to a uniform system of surcharges. |
$1.5 M Annually |
Provides: · Rehabilitation services · Research · Education · Prevention |
Administered by: Crystal Snyder Executive Director Governor’s Council on Spinal and Head Injuries (602) 863-0484 |
1986 |
$2 Surcharge on 1st offense seatbelt violations $5 surcharge on second offense |
$500 K Annually |
Provides funding for four pilot programs to demonstrate effectiveness of a coordinated, continuum of care approach to meet the need of adults with brain injuries. |
Administered by: Marita McElwain, Program Manager Department of Mental Health (916)-654-3168 |
|
1988 |
8.2 % on all civil traffic related penalties $60 fine for DUI / BUI $1 on every temporary vehicle license tag |
$13 M Annually |
· Regeneration research · Rehabilitation · Transitional living · Case management |
Administered by: Tom Delilla, Administrator Brain and Spinal Cord Injury Program Phone: (904) 488-8064 |
1998 |
The fund adds 10% on to each DUI issued |
Projected to be $2 million dollars per year at full capacity. |
Not yet determined. |
The legislation gives power to the Brain and Spinal Cord Trust Fund Authority, which is to be appointed by the Governor. The fund is administered by: Department of Human Resources State of |
1998 |
This fund places fines on selected moving violations and drunk driving |
Not yet available. |
Case management, Community Residential Services, Respite, Day Programs, Companion Services, Psychological Services, Prevocational Services, Supported Living and Therapies. |
The bill established a Kentucky Traumatic Brain Injury Trust Fund Board to administer the fund. The legislation outlines who is to be appointed. |
1993 |
$5 fee on reckless driving $15 DUI |
$1.5 M Annually |
To address gaps in services for persons with brain and spinal cord injuries |
Administered by: Don Tubb, Program Manager THI/SCI Trust Fund (225) 925-3502 |
1996 |
$4 on moving violations $25 DUI surcharge |
$2 M Annually |
· Durable medical · Respite · Emergency care · Transitional assistance · Prevention · Education · Transitional living |
Administered by: Department of Rehabilitation Services |
1996 |
$5 fee on a state issued citations |
$ 1.4 M Annually |
Gap and Interim services as needed including: · Durable Medical · Emergency housing · Medications · Therapies · Respite · Transportation · Respite |
Administered by: New Mexico Department of Health Long Term Services Division Hard Runnels Bldg. Phone: (505) 827-2499 |
1993 |
Additional fine for DUI |
$500K-$800K |
Establishes a registry and develops a state plan for a comprehensive system of services. |
Administered by: Jean Doster TBI Program Director Dept of Health Phone: (615)741-1230 |
1989 |
$25 fine on DUI $5 fine on moving violations |
$10 M Annually |
· Equipment · Post acute rehab · Case management |
Administered by: Mel Fajikus, Program Specialist 4900 (512) 424-4133 |
|
1998 |
Annual appropriation made by the Legislature |
Not yet collected. |
· Rehabilitative therapies · Case Management · Attendant care · Home Modifications · Equipment · Family supports |
Administered by: Division of Rehabilitation Services |
For more information
contact:
Brain Injury Association, Inc.
703.236.6000 www.biausa.org
Creating a better future through brain injury
prevention, research, education and advocacy
(Posted: May 2000)
Attachment B:
________
Capital
letters indicate new material added to existing statutes; dashes through words
indicate deletions from existing statutes and such material not part of act.
HOUSE BILL 02-1281
BY REPRESENTATIVE(S) Saliman, Borodkin, Boyd, Coleman, Daniel,
Groff, Hodge, Jahn, Mace, Madden,
Tochtrop, Veiga, Vigil, Weddig, and
Williams S.;
also SENATOR(S) Owen, Dyer, Epps, Hanna, Hernandez, Pascoe,
Perlmutter, Phillips, Tupa,
and Windels.
CONCERNING THE CREATION OF THE
BOARD, AND, IN CONNECTION THEREWITH, INCREASING CERTAIN
MOTOR VEHICLE FINES TO PROVIDE MONEYS FOR THE
TRAUMATIC BRAIN INJURY TRUST FUND.
Be it
enacted by the General Assembly of the State of
SECTION
1. Part 2 of article
1 of title 26, Colorado Revised
Statutes,
is amended BY THE ADDITION
OF THE FOLLOWING NEW SECTIONS to read:
26-1-202.
Definitions. AS USED
IN SECTIONS 26-1-202 TO 26-1-211,
UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(1)
"BOARD" MEANS THE
NOTE: This bill has been prepared for the signature of
the appropriate legislative
officers and the Governor. To determine whether the
Governor has signed the bill
or taken other action on it, please consult the
legislative status sheet, the legislative
history, or the Session Laws.
(2)
"PROGRAM" MEANS THE SERVICES PROVIDED PURSUANT TO
SECTIONS
26-1-204 AND 26-1-205.
(3)
"TRAUMATIC BRAIN INJURY" MEANS INJURY TO THE BRAIN
CAUSED BY
PHYSICAL TRAUMA RESULTING FROM BUT NOT LIMITED TO
INCIDENTS
INVOLVING MOTOR VEHICLES, SPORTING EVENTS, FALLS, AND
PHYSICAL
ASSAULTS. DOCUMENTATION OF TRAUMATIC BRAIN INJURY SHALL BE BASED ON ADEQUATE
MEDICAL HISTORY, NEUROLOGICAL EXAMINATION, INCLUDING MENTAL STATUS TESTING OR
NEUROPHYSICAL EVALUATION. WHERE
APPROPRIATE, NEUROIMAGING MAY BE USED TO SUPPORT THE DIAGNOSIS. A TRAUMATIC
BRAIN INJURY SHALL BE OF SUFFICIENT SEVERITY TO PRODUCE PARTIAL OR TOTAL
DISABILITY AS A RESULT OF IMPAIRED COGNITIVE ABILITY AND PHYSICAL FUNCTION.
(4)
"TRUST FUND" MEANS THE
TRUST FUND
CREATED IN SECTION 26-1-210.
26-1-203.
powers and duties. (1) THERE IS HEREBY CREATED THE
TRAUMATIC
BRAIN INJURY BOARD WITHIN THE DEPARTMENT OF HUMAN
SERVICES. THE
BOARD SHALL EXERCISE ITS POWERS AND DUTIES AS IF
TRANSFERRED
BY A TYPE 2 TRANSFER.
(2) THE
COLORADO TRAUMATIC BRAIN INJURY BOARD SHALL BE COMPOSED OF THIRTEEN MEMBERS
INCLUDING THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OR THE EXECUTIVE DIRECTOR’S
DESIGNEE, THE PRESIDENT OF A STATE BRAIN INJURY ASSOCIATION OR THE PRESIDENT’S
DESIGNEE, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT OR THE EXECUTIVE DIRECTOR’S DESIGNEE, AND THE FOLLOWING MEMBERS WHO
SHALL BE APPOINTED BY THE GOVERNOR, WITH THE CONSENT OF THE SENATE:
(a) A
NEUROLOGIST WHO HAS EXPERIENCE WORKING WITH PERSONS
WITH
TRAUMATIC BRAIN INJURIES;
(b) A
NEUROPSYCHOLOGIST WHO HAS EXPERIENCE WORKING WITH
PERSONS
WITH TRAUMATIC BRAIN INJURIES;
(c) A
SOCIAL WORKER OR CLINICAL PSYCHOLOGIST EXPERIENCED IN
WORKING
WITH PERSONS WHO HAVE SUSTAINED TRAUMATIC BRAIN INJURIES;
(d) A
REHABILITATION SPECIALIST SUCH AS A SPEECH PATHOLOGIST,
VOCATIONAL
REHABILITATION COUNSELOR, OCCUPATIONAL THERAPIST, OR PHYSICAL THERAPIST WHO HAS
EXPERIENCE WORKING WITH PERSONS WITH TRAUMATIC BRAIN INJURIES;
(e) A
NEUROSURGEON OR NEUROPSYCHIATRIST WHO HAS EXPERIENCE
WORKING
WITH PERSONS WITH TRAUMATIC BRAIN INJURIES;
(f) A
CLINICAL RESEARCH SCIENTIST WHO HAS EXPERIENCE EVALUATING PERSONS WITH
TRAUMATIC BRAIN INJURIES;
(g) TWO
PERSONS WHO ARE FAMILY MEMBERS OF INDIVIDUALS WITH
TRAUMATIC
BRAIN INJURIES OR INDIVIDUALS WITH A TRAUMATIC BRAIN
INJURY;
AND
(h) TWO
MEMBERS OF THE PUBLIC WHO HAVE EXPERIENCE WITH
PERSONS
WITH TRAUMATIC BRAIN INJURIES.
(3) BOARD
MEMBERS SHALL NOT BE COMPENSATED FOR SERVING ON
THE BOARD,
BUT MAY BE REIMBURSED FOR ALL REASONABLE EXPENSES
RELATED TO
SUCH MEMBERS’ WORK FOR THE BOARD.
(4)
INITIAL APPOINTMENTS TO THE BOARD SHALL BE MADE NO LATER
THAN
BE THREE
YEARS; EXCEPT THAT THE TERMS OF THE APPOINTED MEMBERS
WHO ARE
INITIALLY APPOINTED SHALL BE STAGGERED BY THE GOVERNOR TO END AS FOLLOWS:
(a) FOUR
MEMBERS ON
(b) THREE
MEMBERS ON
(c) THREE
MEMBERS ON
(5) NO
MEMBER MAY SERVE MORE THAN TWO CONSECUTIVE TERMS.
(6) THE
APPOINTED MEMBERS OF THE BOARD SHALL, TO THE EXTENT POSSIBLE, REPRESENT RURAL
AND URBAN AREAS OF THE STATE.
(7) THE
BOARD SHALL ANNUALLY ELECT, BY MAJORITY VOTE, A
CHAIRPERSON
FROM AMONG THE BOARD MEMBERS WHO SHALL ACT AS THE PRESIDING OFFICER OF THE
BOARD.
(8) (a)
THE BOARD SHALL PROMULGATE REASONABLE POLICIES AND PROCEDURES PERTAINING TO THE
OPERATION OF THE TRUST FUND.
(b) THE
BOARD MAY CONTRACT WITH ENTITIES TO PROVIDE ALL OR PART OF THE SERVICES
DESCRIBED IN THIS PART 2 FOR PERSONS WITH TRAUMATIC BRAIN INJURIES.
(c) THE
BOARD MAY ACCEPT AND EXPEND GIFTS, GRANTS, AND DONATIONS FOR OPERATION OF THE
PROGRAM.
(9)
ARTICLE 4 OF THIS TITLE SHALL NOT APPLY TO THE
PROMULGATION
OF ANY POLICIES OR PROCEDURES AUTHORIZED BY SUBSECTION (8) OF THIS SECTION.
26-1-204.
Administering entity for services for persons with
traumatic
brain injuries. (1)
AN ADMINISTERING ENTITY UNDER CONTRACT PURSUANT TO SECTION 26-1-203 MAY PERFORM
ALL OR PART OF THE ADMINISTRATIVE, ELIGIBILITY, CASE MANAGEMENT, AND CLAIMS
PAYMENT FUNCTIONS RELATING TO THE PROGRAM, INCLUDING:
(a)
ASSURING TIMELY PAYMENT OF GRANTS OR REQUESTS, INCLUDING:
(I) MAKING
AVAILABLE INFORMATION RELATING TO THE PROPER MANNER OF SUBMITTING A GRANT OR
REQUEST FOR BENEFITS TO THE PROGRAM AND PROVIDING FORMS UPON WHICH SUBMISSIONS
SHALL BE MADE;
(II)
EVALUATING THE ELIGIBILITY OF EACH GRANT OR REQUEST FOR PAYMENT PURSUANT TO
GUIDELINES ESTABLISHED BY THE BOARD;
(III)
NOTIFYING EACH APPLICANT, WITHIN THIRTY DAYS AFTER RECEIVING A PROPERLY
COMPLETED AND EXECUTED PROOF OF GRANT OR REQUEST, WHETHER THE GRANT OR REQUEST IS ACCEPTED OR
REJECTED;
(IV)
ENSURING THAT EACH ACCEPTED GRANT OR REQUEST IS PAID WITHIN FORTY-FIVE DAYS
AFTER ITS ACCEPTANCE;
(b) PAYING
GRANT OR REQUEST EXPENSES FROM THE MONEYS IN THE TRUST FUND; AND (c)
DETERMINING THE EXPENSE OF ADMINISTRATION AND THE PAID
AND
INCURRED LOSSES FOR EACH YEAR AND REPORTING SUCH INFORMATION TO THE BOARD.
(2) THE
ADMINISTERING ENTITY SHALL BE PAID IN COMPLIANCE WITH
POLICIES
AND PROCEDURES ESTABLISHED BY THE BOARD.
(3) IF THE
BOARD DOES NOT CONTRACT WITH AN ADMINISTERING
ENTITY TO
PROVIDE ALL OR PART OF THE SERVICES DESCRIBED IN THIS PART 2 FOR PERSONS WITH
TRAUMATIC BRAIN INJURIES, THE DEPARTMENT SHALL UNDERTAKE TO PROVIDE SUCH
SERVICES TO THE BEST OF ITS ABILITY.
26-1-205.
Services for persons with traumatic brain injuries - limitations - covered
services. (1)
APPROXIMATELY SIXTY-FIVE PERCENT OF THE MONEYS COLLECTED FOR THE TRUST FUND
PURSUANT TO SECTIONS 42-4-1301 (9) (g) (IV) AND 42-4-1701 (4) (e), C.R.S.,
SHALL BE USED TO PROVIDE SERVICES TO PERSONS WITH TRAUMATIC BRAIN INJURIES.
SERVICES PROVIDED PURSUANT TO THIS SECTION SHALL BEGIN TO BE PROVIDED TO
PERSONS WITH TRAUMATIC BRAIN INJURIES NO LATER THAN
(2) TO BE
ELIGIBLE FOR ASSISTANCE FROM THE TRUST FUND, AN
INDIVIDUAL
SHALL HAVE EXHAUSTED ALL OTHER HEALTH OR
REHABILITATION
BENEFIT FUNDING SOURCES THAT COVER THE SERVICES PROVIDED BY THE TRUST FUND. AN INDIVIDUAL
SHALL NOT BE REQUIRED TO EXHAUST ALL PRIVATE FUNDS IN ORDER TO BE ELIGIBLE FOR
THE PROGRAM.
INDIVIDUALS
WHO HAVE CONTINUING HEALTH INSURANCE BENEFITS,
INCLUDING,
BUT NOT LIMITED TO, MEDICAL ASSISTANCE PURSUANT TO
ARTICLE 4
OF THIS TITLE, MAY ACCESS THE TRUST FUND FOR SERVICES THAT ARE NECESSARY BUT
THAT ARE NOT COVERED BY A HEALTH BENEFIT PLAN, AS DEFINED IN SECTION 10-16-102
(21), C.R.S., OR ANY OTHER FUNDING SOURCE.
(3) ALL
INDIVIDUALS RECEIVING ASSISTANCE FROM THE TRUST FUND SHALL RECEIVE CASE
MANAGEMENT SERVICES FROM THE DESIGNATED ENTITY PURSUANT TO SECTION 26-1-204 OR
THE DEPARTMENT.
(4) THE
BOARD MAY MONITOR, AND, IF NECESSARY, IMPLEMENT CRITERIA TO ENSURE THAT THERE
ARE NO ABUSES IN EXPENDITURES, INCLUDING, BUT NOT LIMITED TO, REASONABLE AND
EQUITABLE PROVIDER’S FEES AND SERVICES.
(5) (a)
SERVICES COVERED BY THE TRUST FUND MAY INCLUDE, BUT
SHALL NOT
BE LIMITED TO:
(I) CASE
MANAGEMENT;
(II)
COMMUNITY RESIDENTIAL SERVICES;
(III)
STRUCTURED DAY PROGRAM SERVICES;
(IV)
PSYCHOLOGICAL AND MENTAL HEALTH SERVICES FOR THE INDIVIDUAL WITH THE TRAUMATIC
BRAIN INJURY AND THE INDIVIDUAL’S FAMILY;
(V)
PREVOCATIONAL SERVICES;
(VI)
SUPPORTED EMPLOYMENT;
(VII)
COMPANION SERVICES;
(VIII)
RESPITE CARE;
(IX)
OCCUPATIONAL THERAPY;
(X) SPEECH
AND LANGUAGE THERAPY;
(XI)
COGNITIVE REHABILITATION;
(XII)
PHYSICAL REHABILITATION; AND
(XIII) ONE
TIME HOME MODIFICATIONS.
(b)
COVERED SERVICES SHALL NOT INCLUDE INSTITUTIONALIZATION, HOSPITALIZATION, OR
MEDICATIONS.
26-1-206.
Education about traumatic brain injury.
APPROXIMATELY
FIVE PERCENT OF THE MONEYS COLLECTED FOR THE TRUST FUND PURSUANT TO SECTIONS
42-4-1301 (9) (g) (IV) AND 42-4-1701 (4) (e), C.R.S., SHALL BE UTILIZED TO
PROVIDE EDUCATION FOR INDIVIDUALS WITH TRAUMATIC BRAIN INJURIES AND ASSIST
EDUCATORS, PARENTS, AND NONMEDICAL PROFESSIONALS IN THE IDENTIFICATION OF
TRAUMATIC BRAIN INJURIES SO AS TO ASSIST SUCH PERSONS IN SEEKING PROPER MEDICAL
INTERVENTION OR TREATMENT. IMPLEMENTATION OF THIS SECTION SHALL BEGIN NO LATER
THAN
26-1-207.
Research related to treatment of traumatic brain
injuries
- grants. (1)
APPROXIMATELY THIRTY PERCENT OF THE MONEYS
COLLECTED
FOR THE TRUST FUND PURSUANT TO SECTIONS 42-4-1301 (9) (g)
(IV) AND
42-4-1701 (4) (e), C.R.S., SHALL BE UTILIZED TO SUPPORT
RESEARCH RELATED
TO THE TREATMENT AND UNDERSTANDING OF
TRAUMATIC
BRAIN INJURIES. THE BOARD SHALL SOLICIT APPLICATIONS FOR GRANTS TO BE AWARDED
PURSUANT TO THIS SECTION NO LATER THAN
(2) THE
BOARD SHALL AWARD GRANTS. PERSONS INTERESTED IN A
GRANT SHALL
APPLY TO THE BOARD IN A MANNER PRESCRIBED BY THE BOARD. THE BOARD MAY CONSULT
WITH EDUCATIONAL INSTITUTIONS OR OTHER PRIVATE INSTITUTIONS WITHIN
26-1-208.
Administrative costs. THE ADMINISTRATIVE EXPENSES OF THE BOARD AND THE DEPARTMENT SHALL BE PAID
FROM MONEYS IN THE TRUST FUND. THE JOINT BUDGET COMMITTEE SHALL ANNUALLY
APPROPRIATE MONEYS FROM THE FUND TO PAY FOR THE ADMINISTRATIVE EXPENSES OF THE
PROGRAM.
26-1-209.
General fund moneys. EXCEPT
FOR INITIAL COMPUTER
PROGRAMING
COSTS FOR THE DEPARTMENT OF REVENUE, IT IS THE INTENT OF THE GENERAL ASSEMBLY
THAT NO GENERAL FUND MONEYS BE APPROPRIATED FOR THE IMPLEMENTATION, OPERATION,
OR ADMINISTRATION OF THE TRUST FUND AND THE SERVICES PROVIDED BY THE TRUST
FUND.
26-1-210.
Trust fund. (1) A
TRUST FUND TO BE KNOWN AS THE
(2) GIFTS,
GRANTS, DONATIONS, OR ANY OTHER MONEYS THAT MAY BE MADE AVAILABLE MAY BE
ACCEPTED BY THE TRUST FUND OR THE BOARD FOR PURPOSES OF THE TRUST FUND.
(3) THE
TRUST FUND SHALL BE A CONTINUING TRUST FUND. ALL INTEREST EARNED UPON MONEYS IN
THE TRUST FUND AND DEPOSITED OR INVESTED MAY BE INVESTED IN THE TYPES OF
INVESTMENTS AUTHORIZED IN SECTIONS 24-36-109, 24-36-112, AND 24-36-113, C.R.S.
26-1-211.
Reports to the general assembly. ON FEBRUARY 1,
2004, AND
EACH FEBRUARY 1 THEREAFTER, THE BOARD OF DIRECTORS SHALL REPORT TO THE JOINT
BUDGET COMMITTEE; THE HEALTH ENVIRONMENT, WELFARE, AND INSTITUTIONS COMMITTEE
OF THE HOUSE OF REPRESENTATIVES; AND THE HEALTH, ENVIRONMENT, CHILDREN AND
FAMILIES COMMITTEE OF THE SENATE ON THE OPERATIONS OF THE TRUST FUND, THE
MONEYS EXPENDED, THE NUMBER OF INDIVIDUALS WITH TRAUMATIC BRAIN INJURIES
OFFERED SERVICES, THE RESEARCH GRANTS AWARDED AND THE PROGRESS ON SUCH GRANTS,
AND THE EDUCATIONAL INFORMATION PROVIDED PURSUANT TO THIS ARTICLE.
26-1-212.
Repeal. SECTIONS
26-1-202 TO 26-1-212 ARE REPEALED,
EFFECTIVE
JULY 1, 2012.
SECTION
2. 24-1-120,
Colorado Revised Statutes, is amended BY
THE
ADDITION OF A NEW SUBSECTION to read:
24-1-120.
Department of human services - creation. (9) THE POWERS, DUTIES, AND FUNCTIONS OF THE COLORADO
TRAUMATIC BRAIN INJURY BOARD, CREATED IN SECTION 25-1-127, C.R.S., ARE TRANSFERRED
BY A TYPE 2 TRANSFER TO THE DEPARTMENT OF HUMAN SERVICES. SECTION 3. 42-4-1301 (9) (g), Colorado Revised Statutes,
is amended BY THE
ADDITION OF A NEW SUBPARAGRAPH to read:
42-4-1301.
Driving under the influence - driving while impaired - driving with excessive
alcoholic content - tests - penalties - useful public service program - alcohol
and drug driving safety program.
(9) (g) In
addition to the penalties prescribed in this subsection (9):
(IV) PERSONS
CONVICTED OF VIOLATIONS OF SUBSECTION (1) OR (2) OF THIS SECTION ARE SUBJECT TO
A SURCHARGE OF FIFTEEN DOLLARS TO BE
TRANSMITTED TO THE STATE TREASURER WHO SHALL DEPOSIT SAID SURCHARGES IN
THE COLORADO TRAUMATIC BRAIN INJURY TRUST FUND CREATED PURSUANT TO SECTION
26-1-210, C.R.S.
SECTION
4. 42-4-1301 (7)
(d), Colorado Revised Statutes, as enacted by Senate Bill 02-057, enacted at
the Second Regular Session of the Sixty-third General Assembly, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
42-4-1301.
Driving under the influence - driving while impaired - driving with excessive
alcoholic content - penalties. (7) Penalties.
(d) In
addition to the penalties prescribed in this subsection (7):
(III)
PERSONS CONVICTED OF DUI, DUI PER SE, DWAI, HABITUAL
USER, AND
UDD ARE SUBJECT TO A SURCHARGE OF FIFTEEN DOLLARS TO BE TRANSMITTED TO THE
STATE TREASURER WHO SHALL DEPOSIT SAID
SURCHARGES
IN THE
CREATED PURSUANT TO SECTION 26-1-210, C.R.S.
SECTION
5. 42-4-1701 (4),
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
42-4-1701.
Traffic offenses and infractions classified - penalties - penalty and surcharge
schedule. (4) (e) (I) AN ADDITIONAL TEN DOLLARS SHALL
BE ASSESSED FOR SPEEDING VIOLATIONS UNDER SUB-SUBPARAGRAPH (L) OF SUBPARAGRAPH
(I) OF PARAGRAPH (a) OF THIS SUBSECTION (4) IN ADDITION TO THE PENALTIES AND
SURCHARGE STATED IN SAID SUB-SUBPARAGRAPH (L). MONEYS COLLECTED PURSUANT TO THIS PARAGRAPH (e)
SHALL BE TRANSMITTED TO THE STATE TREASURER WHO SHALL DEPOSIT SUCH MONEYS IN
THE COLORADO TRAUMATIC BRAIN INJURY TRUST FUND CREATED PURSUANT TO SECTION
26-1-210, C.R.S., WITHIN FOURTEEN DAYS AFTER THE END OF EACH QUARTER, TO BE
USED FOR THE PURPOSES SET FORTH IN SECTIONS 26-1-202 TO 26-1-211, C.R.S.
(II) IF
THE SURCHARGE IS COLLECTED BY A COUNTY OR MUNICIPAL COURT, THE SURCHARGE SHALL
BE TWELVE DOLLARS OF WHICH TWO DOLLARS SHALL BE RETAINED BY THE COUNTY OR
MUNICIPALITY AND THE REMAINING TEN DOLLARS SHALL BE TRANSMITTED TO THE STATE
TREASURER AND CREDITED TO THE COLORADO TRAUMATIC BRAIN INJURY TRUST FUND
CREATED PURSUANT TO SECTION 26-1-210, C.R.S., WITHIN FOURTEEN DAYS AFTER THE
END OF EACH QUARTER, TO BE USED FOR THE PURPOSES SET FORTH IN SECTIONS 26-1-202
TO 26-1-211, C.R.S.
SECTION
6. 30-15-402 (2),
Colorado Revised Statutes, is amended to read:
30-15-402.
Violations - penalty. (2) In addition to the penalties prescribed in subsection (1) of this
section, persons convicted of a violation of any ordinance adopted pursuant to this
part 4 are subject to:
(a) A
surcharge of ten dollars These surcharges THAT shall be paid to the clerk of
the court by the defendant and each clerk shall transmit the moneys to the
court administrator of the judicial district in which the offense occurred for
credit to the victims and witnesses assistance and law enforcement fund
established in that judicial district pursuant to section 24-4.2-103, C.R.S.;
(b) A SURCHARGE OF TWELVE DOLLARS THAT
SHALL BE PAID TO THE
CLERK OF
THE COURT BY THE DEFENDANT AND EACH CLERK SHALL TRANSMIT THE MONEYS TO THE
COURT ADMINISTRATOR OF THE JUDICIAL DISTRICT IN WHICH THE OFFENSE OCCURRED FOR
CREDIT TO THE
SECTION
7. 42-4-110 (2),
Colorado Revised Statutes, is amended to read:
42-4-110.
Provisions uniform throughout state. (2) The municipal courts have jurisdiction over violations of
traffic regulations enacted or adopted by municipalities. However, the
provisions of sections 42-4-1701, 42-4-1705, and 42-4-1707 shall not be
applicable to municipalities, EXCEPT FOR THE PROVISIONS OF SECTION 42-4-1701 (4) (e) (II).
SECTION
8. No appropriation. The
general assembly has determined that the costs of this act can be implemented
within existing appropriations until
SECTION 9. Effective date - applicability. (1) (a) Except as provided in
paragraph (b), sections 1, 2, 8, and 9 of this act shall take effect
(b)
Sections 3 through 7 of this act shall take effect
(I)
Section 4 of this act shall only take effect if Senate Bill 02-057 is enacted
at the Second Regular Session of the Sixty-third General Assembly and becomes
law; and
(II)
Section 3 of this act shall only take effect if Senate Bill 02-057 is not
enacted at the Second Regular Session of the Sixty-third General Assembly and
does not become law. (2) The provisions of this act shall apply to convictions
of driving under the influence of alcohol or drugs or driving while impaired
and to speeding violations on or after the applicable effective date of this
act.
Attachment C:
AN ACT relating to traumatic
brain injury.
Be it enacted by the General
Assembly of the
SECTION 1. A NEW SECTION
OF KRS CHAPTER 211 IS CREATED TO READ AS FOLLOWS:
As used in Sections 1 to 5
of this Act:
(1) "Board" means the Traumatic Brain Injury Trust Fund
Board created pursuant to Section 2 of this Act;
(2) "Cabinet" means the Cabinet for Human Resources;
(3) "Traumatic Brain Injury" means a partial or total
disability caused by injury to the central nervous system from physical trauma,
damage to the central nervous system from anoxia, hypoxic episodes, allergic
conditions, toxic substances, or other acute medical clinical incidents
resulting in impaired cognitive abilities or impaired physical functioning.
"Traumatic brain injury" does not include:
(a) Strokes that can be treated in nursing facilities providing
routine rehabilitation services;
(b) Spinal cord injuries for which there are no known or obvious
injuries to the intercranial central nervous system;
(c) Progressive dementias and other mentally impairing
conditions;
(d) Depression and psychiatric disorders in which there is no
known or obvious central nervous system damage;
(e) Mental retardation and birth defect related disorders of long
standing nature; or
(f) Neurological degenerative, metabolic and other medical
conditions of a chronic, degenerative nature.
(4) "Trust fund" means the traumatic brain injury trust
fund created pursuant to Section 4 of this Act.
SECTION 2. A NEW SECTION
OF KRS CHAPTER 211 IS CREATED TO READ AS FOLLOWS:
(1) The
(a) One (1) member shall be a neurosurgeon;
(b) One (1) member shall be a neuropsychologist
or psychiatrist;
(c) One (1) member shall be a rehabilitation specialist;
(d) One (1) member shall be a social worker experienced in
working with brain-injured individuals; and
(e) Two (2) members shall be family members of or individuals
with a brain injury.
(2) Board members shall not be compensated for serving, but shall
be reimbursed for ordinary travel expenses, including meals and lodging
incurred in the performance of their duties.
(3) The terms of appointed board members shall be four (4) years,
except that the terms of initial members shall be staggered to end as follows:
(a) Two (2) on
(b) Two (2) on
(c) Two (2) on
(4) At the end of a term, a member shall continue to serve until
a successor is appointed and qualifies. A member who is appointed after a term
has begun shall serve the rest of the term and until a successor is appointed
and qualifies. A member who serves two (2) consecutive four (4) year terms
shall not be reappointed for four (4) years after completion of those terms.
(5) A majority of the full authorized membership shall constitute
a quorum.
(6) The board shall elect, by a majority vote, a director who
shall be the presiding officer of the board, preside at all meetings, and
coordinate the functions and activities of the board. The director shall be
elected or reelected for each calendar year.
(7) The board may establish any organizational structure it
determines is necessary to accomplish its functions and duties, including the
hiring of any necessary support personnel. The administrative costs of the
board shall be limited to three percent (3%) of the proceeds from the trust
fund.
(8) Meetings of the board shall be held at least twice a year but
may be held more frequently, as deemed necessary, subject to call by the
director or by the request of a majority of the board members.
(9) The board shall be attached to the cabinet for administrative
purposes.
SECTION 3. A NEW SECTION
OF KRS CHAPTER 211 IS CREATED TO READ AS FOLLOWS:
The board shall:
(1) Promulgate administrative regulations necessary to carry out
the provisions of Sections 1 to 5 of this Act;
(2) Formulate policies and procedures for determining individual
eligibility for assistance from the trust fund in accordance with the following
guidelines:
(a) The trust fund shall serve as a funding source of last resort
for residents of the
(b) All individuals receiving assistance from the fund shall
receive case management services;
(c) Expenditures on behalf of any one (1) brain-injured
individual may not exceed fifteen thousand dollars ($15,000) for any twelve
(12) month period, and may not exceed a lifetime maximum of sixty thousand
dollars ($60,000). At its discretion and subject to fund availability, the
board may waive the expenditure or time limitations or both in special
circumstances;
(d) Services covered by the trust fund shall include:
1. Case management;
2. Community residential services;
3. Structured day program services;
4. Psychological services;
5. Prevocational services;
6. Supported employment;
7. Companion services;
8. Respite care;
9. Occupational therapy; and
10. Speech and language therapy.
Covered services shall not include
institutionalization, hospitalization, environmental modifications, special medical
equipment and supplies, medications, and behavioral programs;
(3) Establish a confidential medical registry for traumatic brain
and spinal cord injuries occurring in the Commonwealth of Kentucky, or to
residents of the Commonwealth of Kentucky.
(a) The board may promulgate administrative regulations requiring
licensed or certified professionals or health services providers to report the
occurrence of brain and spinal cord injuries, relevant medical and
epidemiological information about the injuries, and other information
describing the circumstances of the injury to the board or its designated
agent. The reporting of data by licensed hospitals under this section shall be
limited to that which is reported to the Cabinet for Human Resources pursuant to
KRS 216.2920 to 216.2929 and the board shall obtain this data from the Cabinet
for Human Resources. Each licensed hospital shall grant the board, upon
presentation of proper identification, access to the medical records of
patients with reportable brain and spinal cord injuries for the sole purpose of
collecting additional information that is not available in the data obtained
from the Cabinet for Human Resources. All costs associated with copying medical
records shall be borne by the board. No liability of any kind shall arise or be
enforced against any licensed hospital or hospital employee for providing the
board access to a patient's medical record.
(b) The board and its designated agent, if one is appointed,
shall observe the same confidentiality requirements established for the
Kentucky birth surveillance registry in KRS 211.670.
(4) Investigate the needs of brain-injured individuals and
identify gaps in current services;
(5) Assist the cabinet in developing programs for brain-injured
individuals;
(6) Monitor and evaluate services provided by the trust fund; and
(7) Provide the Governor, the General Assembly, and the
Legislative Research Commission an annual report by January 1 of each year
summarizing the activities of the board and the trust fund.
SECTION 4. A NEW SECTION
OF KRS CHAPTER 211 IS CREATED TO READ AS FOLLOWS:
(1) The traumatic brain injury trust fund is created as a
separate revolving fund. The trust fund shall consist of moneys collected from
an additional assessment of twenty dollars ($20) imposed on driving under the
influence offenses, an additional assessment of ten dollars ($10) imposed
against selected speeding offenses, and an additional fine of ten dollars ($10)
imposed against selected moving violations.
(2) The trust fund may receive the proceeds from grants,
contributions, appropriations, and any other moneys that may be made available
for the purposes of the trust fund.
(3) Expenditures from the trust fund on behalf of the medical
registry created under Section 3 of this Act shall not exceed one hundred
twenty-five thousand dollars ($125,000) for any fiscal year.
(4) Funds unexpended at the close of a fiscal year shall not
lapse but shall be carried forward to the next fiscal year.
(5) Any interest earnings of the trust fund shall become a part
of the trust fund and shall not lapse to the general fund.
SECTION 5. A NEW SECTION
OF KRS CHAPTER 211 IS CREATED TO READ AS FOLLOWS:
Trust fund moneys shall be
distributed for the following purposes:
(1) To provide services to individuals suffering from conditions
that qualify for assistance from the fund, in accordance with criteria
established by the board in Section 3 of this Act;
(2) To establish and maintain a state medical registry for
traumatic brain and spinal cord injuries; and
(3) To meet the obligations incurred by the board in meeting its
duties in accordance with the provisions of Sections 2 and 3 of this Act.
Section 6. KRS 189.990
is amended to read as follows:
(1) Any person who violates any of the provisions of KRS 189.020
to 189.040, subsections (1), (2), and (5) of KRS 189.050, KRS 189.060 to
189.080, subsections (1) to (3) of KRS 189.090, KRS 189.100, 189.110, 189.130
to 189.160, subsections (2) to (4) of KRS 189.190, KRS 189.200, 189.290,
189.300 to 189.360, KRS 189.380, KRS 189.400 to 189.430, 189.450 to 189.480,
subsection (1) of KRS 189.520, KRS 189.540, KRS 189.570 to 189.630, except
subsection (1) of KRS 189.580, KRS 189.345, subsection (4) of KRS 189.456 and
189.960, shall be fined not less than twenty dollars ($20) nor more than one
hundred dollars ($100) for each offense. Any person who violates subsection (1)
of KRS 189.580 shall be fined not less than twenty dollars ($20) nor more than
two thousand dollars ($2,000) or imprisoned in the county jail for not more
than one (1) year, or both. Any person who violates paragraph (c) of subsection
(5) of KRS 189.390 shall be fined not less than eleven dollars ($11) nor more
than thirty dollars ($30). Neither court costs nor fees shall be taxed against
any person violating paragraph (c) of subsection (5) of KRS 189.390.
(2)(a) Any person who violates the weight provisions
of KRS 189.221, 189.222, 189.226, 189.230, 189.270, or 189.271 shall be fined
two cents (2¢) per pound for each pound of excess load when the excess is two
thousand (2,000) pounds or less, three cents (3¢) per pound when the excess
exceeds two thousand (2,000) pounds and is three thousand (3,000) pounds or
less, five cents (5¢) per pound when the excess exceeds three thousand (3,000)
pounds and is four thousand (4,000) pounds or less, seven cents (7¢) per pound
when the excess exceeds four thousand (4,000) pounds and is five thousand
(5,000) pounds or less, and nine cents (9¢) per pound when the excess exceeds
five thousand (5,000) pounds but in no case shall the fine be less than sixty
dollars ($60) nor more than five hundred dollars ($500).
(b) Any person who violates any provision of
subsections (3) and (4) of KRS 189.050, subsection (4) of KRS 189.090, KRS
189.221 to 189.230, 189.270, 189.280, or 189.490, for which another penalty is
not specifically provided, shall be guilty of a misdemeanor and shall be fined
not less than ten dollars ($10) nor more than five hundred dollars ($500).
(c) Nothing in this subsection or in KRS 189.221
to 189.228 shall be deemed to prejudice or affect the authority of the
Department of Vehicle Regulation to suspend or revoke certificates of common
carriers, permits of contract carriers, or drivers' or chauffeurs' licenses,
for any violation of KRS 189.221 to 189.228 or any other act applicable to
motor vehicles, as provided by law.
(3) (a) Any
person who violates subsection (1) of KRS 189.190 shall be fined not more than
fifteen dollars ($15).
(b) Any person who violates subsection (5) of KRS
189.190 shall be fined not less than thirty-five dollars ($35) nor more than
two hundred dollars ($200).
(4) (a) Any
person who violates subsection (1) of KRS 189.210 shall be fined not less than
twenty-five dollars ($25) nor more than one hundred dollars ($100).
(b) Any peace officer who fails, when properly
informed, to enforce KRS 189.210 shall be fined not less than twenty-five
dollars ($25) nor more than one hundred dollars ($100).
(c) All fines collected under this subsection,
after payment of commissions to officers entitled thereto, shall go to the
county road fund if the offense is committed in the county, or to the city
street fund if committed in the city.
(5) Any person who violates KRS 189.370 shall for
the first offense be fined not less than one hundred dollars ($100) nor more
than two hundred dollars ($200) or imprisoned not less than thirty (30) days
nor more than sixty (60) days or both. For each subsequent offense occurring
within three (3) years, such person shall be fined not less than three hundred
dollars ($300) nor more than five hundred dollars ($500) or imprisoned not less
than sixty (60) days nor more than six (6) months, or both. The minimum fine
for this violation shall not be subject to suspension. A minimum of six (6)
points shall be assessed against the driving record of any person convicted.
(6) Any person who violates KRS 189.500 shall be
fined not more than fifteen dollars ($15) in excess of the cost of the repair
of the road.
(7) Any person who violates KRS 189.510 or KRS
189.515 shall be fined not less than twenty dollars ($20) nor more than fifty
dollars ($50).
(8) Any peace officer who violates subsection (2)
of KRS 189.520 shall be fined not less than thirty-five dollars ($35) nor more
than one hundred dollars ($100).
(9) Any person who violates KRS 189.530 shall be
fined not less than thirty-five dollars ($35) nor more than one hundred dollars
($100), or imprisoned not less than thirty (30) days nor more than twelve (12)
months, or both.
(10) Any person who violates any of the provisions
of KRS 189.550 shall be guilty of a Class B misdemeanor.
(11) Any person who violates subsection (2) of KRS
189.560 shall be fined not less than thirty dollars ($30) nor more than one
hundred dollars ($100) for each offense.
(12) The fines imposed by paragraph (a) of subsection (3) and
subsections (6) and (7) of this section shall, in the case of a public highway,
be paid into the county road fund, and in case of a privately owned road or
bridge, be paid to the owner. These fines shall not bar an action for damages
for breach of contract.
(13) Any person who violates any of the provisions
of KRS 189.120 shall be fined not less than twenty dollars ($20) nor more than
one hundred dollars ($100) for each offense.
(14) Any person who violates any provision of KRS
189.575 shall be fined not less than twenty dollars ($20) nor more than
twenty-five dollars ($25).
(15) Any person who violates subsection (2) of KRS
189.231 shall be fined not less than twenty dollars ($20) nor more than one
hundred dollars ($100) for each offense.
(16) Any person who violates restrictions or
regulations established by the secretary of transportation pursuant to
subsection (3) of KRS 189.231 shall, upon first offense, be fined one hundred
dollars ($100), and upon subsequent convictions, be fined not less than one
hundred dollars ($100) nor more than five hundred dollars ($500) or imprisoned
for thirty (30) days, or both.
(17) (a)
Any person who violates any of the provisions of KRS 189.565 shall be
guilty of a Class B misdemeanor.
(b) In addition to the penalties prescribed in
paragraph (a) of this subsection, in case of violation by any person in whose
name such vehicle used in the transportation of inflammable liquids or
explosives is licensed, such person shall be fined not less than one hundred
dollars ($100) nor more than five hundred dollars ($500). Each violation shall
constitute a separate offense.
(18) Any person who abandons a vehicle upon the
right-of-way of a state highway for seven (7) consecutive days shall be fined
not less than thirty-five dollars ($35) nor more than one hundred dollars
($100), or imprisoned for not less than ten (10) days nor more than thirty (30)
days.
(19) Every person violating KRS 189.393 shall be
punished upon a first conviction by imprisonment for a period of not less than
five (5) days nor more than ninety (90) days, or by fine of not less than
thirty-five dollars ($35) nor more than five hundred dollars ($500), or by both
such fine and imprisonment, and on a second or subsequent conviction shall be
punished by imprisonment for not less than ten (10) days nor more than six (6)
months, or by a fine of not less than sixty dollars ($60) nor more than one
thousand dollars ($1,000), or by both such fine and imprisonment.
(20) Any law enforcement agency which fails or
refuses to forward the reports required by KRS 189.635 shall be subject to the
penalties prescribed in KRS 17.157.
(21) A person who elects to operate a bicycle in
accordance with any regulations adopted pursuant to KRS 189.287 and who
willfully violates a provision of such a regulation shall be fined not less
than ten dollars ($10) nor more than one hundred dollars ($100). A person who
operates a bicycle without complying with any regulations adopted pursuant to
KRS 189.287 or vehicle safety statutes shall be prosecuted for violation of the
latter.
(22) Any person who violates KRS 189.860 shall be
fined not more than five hundred dollars ($500) or imprisoned for not more than
six (6) months, or both.
(23) Any person who violates KRS 189.754 shall be
fined not less than twenty-five dollars ($25) nor more than three hundred
dollars ($300).
(24) Any person who violates the provisions of KRS
189.125(3) shall be fined fifty dollars ($50).
(25) Any person who violates the provisions of KRS
189.125(6) shall be fined an amount not to exceed twenty-five dollars ($25).
(26) Any person who violates any of the
provisions of KRS 189.125(3), KRS 189.290, KRS 189.300, KRS 189.340, KRS 189.345,
KRS 189.370, KRS 189.393, or KRS 189.505, shall, in addition to any other fine
imposed by this chapter, pay an additional fee of five dollars ($5). Funds
collected pursuant to this subsection shall be deposited in the traumatic brain
injury trust fund, created pursuant to Section 4 of this Act, within fourteen
(14) days after the end of each quarter, to be used for the purposes set forth
in Sections 1 to 5 of this Act.
(27) Fines
levied pursuant to this chapter shall be assessed in the manner required by KRS
534.020, in amounts consistent with this chapter. Nonpayment of fines shall be
governed by KRS 534.060.
(28)[(27)] A licensed driver under the age of eighteen
(18) charged with a moving violation pursuant to this chapter as the driver of a
motor vehicle, may be referred, prior to trial, by the court to a diversionary
program. The diversionary program under this subsection shall consist of one
(1) or both of the following:
(a) Execution of a diversion agreement which
prohibits the driver from operating a vehicle for a period not to exceed
forty-five (45) days and which allows the court to retain the driver's
operator's license during this period; and
(b) Attendance at a driver improvement clinic
established pursuant to KRS 186.574. If the person completes the terms of this
diversionary program satisfactorily the violation shall be dismissed.
Section 7. KRS 189.394
is amended to read as follows:
(1)
The fines for
speeding in violation of KRS 189.390 shall be:
Mph. Prima Facie or Maximum Speed Fine
Over 15 20 25 30 35 40 45 50 55 60 65
1 16 21 26 31 36 41 46 51 56 61 66 $1
2 17 22 27 32 37 42 47 52 57 62 67 2
3 18 23 28 33 38 43 48 53 58 63 68 3
4 19 24 29 34 39 44 49 54 59 64 69 4
5 20 25 30 35 40 45 50 55 60 65 70 5
6 21 26 31 36 41 46 51 56 61 66 71 16
7 22 27 32 37 42 47 52 57 62 67 72 17
8 23 28 33 38 43 48 53 58 63 68 73 18
9 24 29 34 39 44 49 54 59 64 69 74 19
10 25 30 35 40 45 50 55 60 65 70 75 20
11 26 31 36 41 46 51 56 61 66 71 76 22
12 27 32 37 42 47 52 57 62 67 72 77 24
13 28 33 38 43 48 53 58 63 68 73 78 26
14 29 34 39 44 49 54 59 64 69 74 79 28
15 30 35 40 45 50 55 60 65 70 75 80 30
16 31 36 41 46 51 56 61 66 71 76 81 32
17 32 37 42 47 52 57 62 67 72 77 82 34
18 33 38 43 48 53 58 63 68 73 78 83 36
19 34 39 44 49 54 59 64 69 74 79 84 38
20 35 40 45 50 55 60 65 70 75 80 85 40
21 36 41 46 51 56 61 66 71 43
22 37 42 47 52 57 62 67 72 46
23 38 43 48 53 58 63 68 73 49
24 39 44 49 54 59 64 69 74 52
25 40 45 50 55 60 65 70 75 55
(2) For speeding in excess of the speeds shown on the specific
fine schedule the fine shall be not less than sixty dollars ($60) nor more than
one hundred dollars ($100).
(3) For any violation shown on the chart for which a specific
fine is prescribed, the defendant may elect to pay the fine and court costs to
the circuit clerk before the date of his trial or to be tried in the normal
manner. Payment of the fine and court costs to the clerk shall be considered as
a plea of guilty for all purposes.
(4) If the offense charged shows a speed in excess of the speeds
shown on the specific fine schedule the defendant shall appear for trial and
may not pay the fine to the clerk before the trial date.
(5) Twelve dollars and fifty cents ($12.50) shall be assessed for
violations of KRS 189.390 in addition to the penalties set forth in subsections
(1) and (2) of this section. Funds collected pursuant to this subsection shall
be deposited in the spinal cord and head injury research trust fund, created
pursuant to KRS 211.504, within fourteen (14) days after the end of each
quarter, to be used for the purposes set forth in KRS 211.502.
(6) Ten dollars ($10) shall be assessed for violations of KRS
189.390 in addition to the penalties set forth in subsections (1) and (2) and
the additional fee established in subsection (3) of this section. Funds
collected pursuant to this subsection shall be deposited in the traumatic brain
injury trust fund created pursuant to Section 4 of this Act, within fourteen
(14) days after the end of each quarter, to be used for the purposes set forth
in Sections 1 to 5 of this Act.
(7) If the
offense occurred in a highway work zone, the fine established by subsection (1)
or (2) of this section shall be doubled.
(8)[(7)] All fines collected for speeding in a highway
work zone in violation of KRS 189.390 shall be deposited into a separate trust
and agency account within the Transportation Cabinet known as the "Highway
Work Zone Safety Fund." The highway work zone safety fund shall be used
exclusively by the Transportation Cabinet to hire or pay for enhanced law
enforcement of traffic laws within highway work zones.
Section 8. KRS 189A.010
is amended to read as follows:
(1) A person shall not operate or be in physical control of a motor
vehicle anywhere in this state:
(a) While the alcohol concentration in his blood or breath is
0.10 or more based on the definition of alcohol concentration in KRS 189A.005;
(b) While under the influence of alcohol;
(c) While under the influence of any other substance or
combination of substances which impairs one's driving ability;
(d) While under the combined influence of alcohol and any other
substance which impairs one's driving ability; or
(e) While the alcohol concentration in his blood or breath is
0.02 or more based on the definition of alcohol concentration in KRS 189A.005
if the person is under the age of twenty-one (21).
(2) In any prosecution for a violation of subsection (1)(b) or
(d) of this section in which the defendant is charged with having operated or
been in physical control of a motor vehicle while under the influence of
alcohol, the alcohol concentration in the defendant's blood as determined at
the time of making analysis of his blood, or breath shall give rise to the
following presumptions:
(a) If there was an alcohol concentration of less than 0.05 based
upon the definition of alcohol concentration in KRS 189A.005, it shall be
presumed that the defendant was not under the influence of alcohol; and
(b) If there was an alcohol concentration of 0.05 or greater but
less than 0.10 based upon the definition of alcohol concentration in KRS
189A.005, that fact shall not constitute a presumption that the defendant
either was or was not under the influence of alcohol, but that fact may be considered,
together with other competent evidence, in determining the guilt or innocence
of the defendant.
The provisions of this subsection shall not be construed
as limiting the introduction of any other competent evidence bearing upon the
questions of whether the defendant was under the influence of alcohol or other
substances, in any prosecution for a violation of subsection (1)(b) or (d) of
this section.
(3) The fact that any person charged with violation of subsection
(1) of this section is legally entitled to use any substance, including
alcohol, shall not constitute a defense against any charge of violation of
subsection (1) of this section.
(4) Any person who violates the provisions of paragraphs (a),
(b), (c) or (d) of subsection (1) of this section shall:
(a) For the first offense within a five (5) year period, be fined
not less than two hundred dollars ($200) nor more than five hundred dollars
($500) or be imprisoned in the county jail for not less than forty-eight (48)
hours nor more than thirty (30) days or both. Following sentencing, the
defendant may apply to the judge for permission to enter a community labor
program for not less than forty-eight (48) hours nor more than thirty (30) days
in lieu of fine or imprisonment, or both.
(b) For the second offense within a five (5) year period, be
fined not less than three hundred fifty dollars ($350) nor more than five
hundred dollars ($500) and shall be imprisoned in the county jail for not less
than seven (7) days nor more than six (6) months and, in addition to fine and
imprisonment, may be sentenced to community labor for not less than ten (10)
days nor more than six (6) months.
(c) For a third offense within a five (5) year period, be fined
not less than five hundred dollars ($500) nor more than one thousand ($1,000)
and shall be imprisoned in the county jail for not less than thirty (30) days
nor more than twelve (12) months and may, in addition to fine and imprisonment,
be sentenced to community labor for not less than ten (10) days nor more than twelve
(12) months.
(d) For a fourth or subsequent offense within a five (5) year
period, be guilty of a Class D felony.
(e) For purposes of this subsection, prior offenses shall include
all convictions in this state, and any other state, or jurisdiction for operating
or being in control of a motor vehicle while under the influence of alcohol or
other substances that impair one's driving ability, or any combination of
alcohol and such substances, or while having an unlawful alcohol concentration,
or driving while intoxicated, but shall not include convictions for violating
subsection (1)(e) of this section. A court shall receive as proof of a prior
conviction a copy of that conviction, certified by the court ordering the
conviction.
(5) Any person who violates the provisions of subsection (1)(e)
of this section shall have his driving privilege or operator's license
suspended by the court for a period of no less than thirty (30) days but no
longer than six (6) months, and the person shall be fined no less than one
hundred dollars ($100) and no more than five hundred dollars ($500), or
sentenced to twenty (20) hours of community service in lieu of a fine. A person
subject to the penalties of this paragraph shall not be subject to the
penalties established in subsection (4) of this section or any other penalty
established pursuant to KRS Chapter 189A.
(6) If the person is under the age of twenty-one (21) and there
was an alcohol concentration of 0.10 or greater based on the definition of
alcohol concentration in KRS 189A.005, the person shall be subject to the
penalties established pursuant to subsection (4) of this section.
(7) For a second or third offense within a five (5) year period,
the minimum sentence of imprisonment or community labor shall not be suspended,
probated, or subject to conditional discharge or other form of early release.
For a fourth or subsequent offense under this section, the minimum term of
imprisonment shall be one hundred twenty (120) days, and this term shall not be
suspended, probated, or subject to conditional discharge or other form of early
release. For a second or subsequent offense, at least forty-eight (48) hours of
the mandatory sentence shall be served consecutively.
(8) When sentencing persons under subsection (4)(a) of this section
at least one (1) of the penalties shall be assessed and that penalty shall not
be suspended, probated, or subject to conditional discharge or other form of
early release.
(9) In determining the five (5) year period under this section,
the period shall be measured from the dates on which the offenses occurred for
which the judgments of conviction were entered.
(10) Any person who violates the provisions of
subsection (1) of this section shall be assessed fifteen dollars ($15) in
addition to the fines imposed by subsections (4) and (5) of this section. Funds
collected pursuant to this subsection shall be deposited in the traumatic brain
injury trust fund, created pursuant to Section 4 of this Act, within fourteen
(14) days after the end of each quarter, to be used for the purposes set forth
in Sections 1 to 5 of this Act.
Section 9. KRS 186.574
is amended to read as follows:
(1) The Transportation Cabinet shall establish a state traffic
school for new drivers and for traffic offenders. The school shall be composed
of uniform education and training elements designed to create a lasting
influence on new drivers and a corrective influence on traffic offenders.
District Courts may in lieu of assessing penalties for traffic offenses, other
than for KRS 189A.010, sentence offenders to state traffic school and no other.
The Transportation Cabinet shall enroll a person in state traffic school who
fails to complete a driver's education course pursuant to KRS 186.410(5).
(2) If a District Court stipulates in its judgment of conviction
that a person attend state traffic school, the court shall indicate this in the
space provided on the abstract of conviction filed with the Transportation
Cabinet. Upon receipt of an abstract, the Transportation Cabinet, or its
representative, shall schedule the person to attend state traffic school.
Failure of the person to attend and satisfactorily complete state traffic
school in compliance with the court order, may be punished as contempt of the
sentencing court.
(3) The Transportation Cabinet shall supervise, operate, and
administer state traffic school, and shall promulgate administrative
regulations pursuant to KRS Chapter 13A governing facilities, equipment,
courses of instruction, instructors, and records of the program. In the event a
person sentenced under subsection (1) of this section does not attend or
satisfactorily complete state traffic school, the Transportation Cabinet may
deny that person a license or suspend the license of that person until he
reschedules attendance or completes state traffic school, at which time a
denial or suspension shall be rescinded.
(4) Persons participating in the state traffic school as provided
in this section shall pay a fee of fifteen dollars ($15) to defray the cost of
operating the school, except that if enrollment in state traffic school is to
satisfy the requirement of KRS 186.410(4)(c), a fee shall not be assessed. Any
funds collected pursuant to KRS 186.535(1) that are dedicated to the road fund
for use in the state driver education program may be used for the purposes of
state traffic school.
(5) The following procedures shall govern persons attending state
traffic school pursuant to this section:
(a) A person convicted of any violation of traffic codes set
forth in KRS Chapters 177, 186, or 189, and who is otherwise eligible, may in
the sole discretion of the trial judge, be sentenced to attend state traffic
school. Upon payment of the fee required by subsection (4) of this section, and
upon successful completion of state traffic school, the sentence to state
traffic school shall be the person's penalty in lieu of any other penalty,
except for the payment of court costs;
(b) Except as provided in KRS 189.990(28)[(27)], a
person shall not be eligible to attend state traffic school who has been cited
for a violation of KRS Chapters 177, 186, or 189 that has a penalty of
mandatory revocation or suspension of an offender's driver's license;
(c) Except as provided in KRS 189.990(28)[(27)], a
person shall not be eligible to attend state traffic school for any violation
if, at the time of the violation, the person did not have a valid driver's
license or the person's driver's license was suspended or revoked by the
cabinet;
(d) Except as provided in KRS 189.990(28)[(27)], a
person shall not be eligible to attend state traffic school more than once in
any two (2) year period, unless the person wants to attend state traffic school
to comply with the driver education requirements of KRS 186.410; and
(e) The cabinet shall notify the sentencing court regarding any
person who was sentenced to attend state traffic school who was ineligible to
attend state traffic school. A court notified by the cabinet pursuant to this
paragraph shall return the person's case to an active calendar for a hearing on
the matter. The court shall issue a summons for the person to appear and the
person shall demonstrate to the court why an alternative sentence should not be
imposed.
Attachment D:
and Spinal Cord
Injury Trust Fund
http://www.dss.state.la.us/offlrs/html/traumatic_head_and_spinal_cord.html
WHAT IS THE
The Mission of Louisiana's Traumatic Head
and Spinal Cord Injury Trust Fund Program is to provide services in a flexible,
individualized manner to Louisiana citizens who survive traumatic head or
spinal cord injuries enabling their return to a reasonable level of functioning
and independent living in their communities.
HOW IS THE PROGRAM FUNDED?
Act 654 of the 1993 regular session of the
Louisiana Legislature created the Traumatic Head and Spinal Cord Injury Trust
Fund. This Act imposes additional fees on motor vehicle violations in
WHAT IS THE ELIGIBILITY CRITERIA?
To be determined
eligible for services an individual must meet the definition of Spinal Cord
Injury or Traumatic Head Injury as defined below:
AND meet the additional following criteria:
WHAT
SERVICES ARE PROVIDED BY THE PROGRAM?
The following services are available to eligible individuals:
The following limitations also apply:
WHAT ARE THE CLIENT AND FAMILY'S
RESPONSIBILITIES?
The client and
family must:
HOW CAN I APPLY FOR SERVICES?
Applications for services can be obtained
from the nearest LRS Regional Office. You can locate this information through
the Regional Office Directory, or you can
contact:
Traumatic Head and Spinal Cord Injury
Trust Fund Program
8225
(225) 925-3502 or 1-888-891-9441 (within the State of