2009 Louisiana Laws TITLE 46 Public welfare and assistance :: RS 46:2633 Traumatic head and spinal cord injury trust fund

§2633.  Traumatic Head and Spinal Cord Injury Trust Fund

A.  There is hereby established a special fund in the state treasury to be known as the Traumatic Head 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 Head and Spinal Cord Injury Trust Fund account under the Department of Social Services, office of rehabilitation 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) 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 head and spinal cord injuries, for the administrative costs of the programs, reimbursement of travel expenses of members of the Traumatic Head 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 board.

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

E.  The board shall determine the eligibility of programs to receive funding and the administration of the fund shall be exercised by the Department of Social Services, office of rehabilitation services, in accordance with 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.