Louisiana § RS 46:2633 - Traumatic Brain and Spinal Cord Injury Trust Fund

§ RS 46:2633. Traumatic Brain and Spinal Cord Injury Trust Fund

            A. There is hereby established a special fund in the state treasury to be known as the Traumatic Brain and Spinal Cord Injury Trust Fund which shall consist of monies collected from an additional fee imposed on all motor vehicle violations for driving under the influence, reckless operation, and speeding in this state. In addition, the legislature may make annual appropriations to the trust fund for the purpose set forth in this Chapter to the extent that state general funds are available.

            B.(1)(a) Beginning January 1, 1994, in addition to all fines, fees, costs, and punishment prescribed by law, there shall be imposed an additional fee of twenty-five dollars on driving under the influence offenses, five dollars on reckless driving operation offenses, and five dollars on speeding offenses.

            (b) Beginning July 1, 2000, the additional fees imposed pursuant to Subparagraph (a) of this Paragraph shall be as follows:

            (i) A fee of five dollars on reckless driving offenses.

            (ii) A fee of five dollars on speeding offenses.

            (iii) A fee of twenty-five dollars on first convictions of operating a vehicle while intoxicated offenses.

            (iv) A fee of fifty dollars on second convictions of operating a vehicle while intoxicated offenses.

            (v) A fee of one hundred dollars on third convictions of operating a vehicle while intoxicated offenses.

            (vi) A fee of two hundred fifty dollars on fourth or subsequent convictions of operating a vehicle while intoxicated offenses.

            (2) In the event that payment arrangements for other fines, fees, costs, and punishments are made to provide an offender the opportunity to make restitution over an extended period of time, the fee imposed under Paragraph (1) shall be collected in priority after costs of court.

            C. All monies collected under this Chapter shall be forwarded by the officer of the court who collects the same to the state treasurer within thirty days after the penalty or forfeiture is collected. After deposit in the Bond Security and Redemption Fund as required by Article VII, Section 9(B) of the Constitution of Louisiana, an amount equal to that deposited as required by Subsection A of this Section shall be credited to the Traumatic Brain and Spinal Cord Injury Trust Fund account under the Louisiana Department of Health, office of aging and adult services. All unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund. The monies in this fund shall be invested by the state treasurer in the same manner as monies in the state general fund, and interest earned on the investment of these monies shall be credited to the fund, following compliance with the requirement of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund.

            D.(1) The monies in the fund shall be used solely for programs designed to provide services to Louisiana citizens disabled by traumatic brain and spinal cord injuries, for the administrative costs of the programs, reimbursement of travel expenses of members of the Traumatic Brain and Spinal Cord Injury Trust Fund Advisory Board which are incurred in the discharge of their duties, and as provided in Paragraph (2) of this Subsection. Disbursement of the amount appropriated to the department each year shall be made as determined by the department. In determining disbursement of monies in the fund, the department shall take into account any recommendations of the board.

            (2) The department may authorize disbursement of an amount not to exceed fifty thousand dollars per year for the establishment and operation of an information resource center.

            (3) Money in the fund may be used to match available federal funding in order to provide enhanced or expanded services to persons eligible for benefits pursuant to the provisions of this Chapter. However, sufficient money shall be retained in the fund to provide payment for services for persons who are not eligible for services through federally funded sources.

            E. The department shall:

            (1) Determine the eligibility of programs to receive funding.

            (2) Promulgate the rules and regulations necessary to implement the provisions of this Chapter.

            (3) Establish priorities and criteria for disbursement of the fund and act to obtain maximum benefits available.

            (4) Investigate the needs of the brain-injured and spinal cord-injured, identify any gaps in services, and prepare and submit an annual report with recommendations to the legislature and the governor sixty days prior to each regular session of the legislature.

            (5) Monitor, evaluate, and review the development and quality of services and programs funded through the fund.

            (6) Arrange for full and accurate financial records to be maintained in compliance with law and shall make a full and complete report to the board quarterly. The department is specifically prohibited from publishing newsletters or other publications typically used in mass mailings.

            F. Administration of the fund shall be exercised by the Louisiana Department of Health, office of aging and adult services, in accordance with the provisions of this Chapter.

            Acts 1993, No. 654, §1, eff. June 16, 1993; Acts 1999, No. 526, §1, eff. June 29, 1999; Acts 2000, 1st Ex. Sess., No. 119, §1, eff. April 19, 2000; Acts 2003, No. 1153, §1; Acts 2010, No. 939, §8, eff. July 1, 2010; Acts 2012, No. 269, §2, eff. May 25, 2012; Acts 2024, No. 278, §2, eff. Feb. 1, 2025.