HF 1690

as introduced - 87th Legislature (2011 - 2012) Posted on 05/10/2011 09:23am

A bill for an act
relating to health; establishing a state spinal cord research commission and
a spinal cord research account; appropriating money; amending Minnesota
Statutes 2010, section 171.29, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 144.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [144.6651] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of sections 144.6651 to 144.6653, the
following terms have the meanings given:
new text end

new text begin (a) "Approved research project" means a peer-reviewed scientific research project,
which is approved by the commission and that focuses on the treatment and cure of spinal
cord injuries and diseases that damage the spinal cord.
new text end

new text begin (b) "Commission" means the Minnesota Spinal Cord Research Commission
established under section 144.6652.
new text end

new text begin (c) "Institutional support services" means all services, facilities, equipment,
personnel, and expenditures associated with the creation and maintenance of approved
research projects.
new text end

new text begin (d) "Qualifying research institution" means the University of Minnesota Medical
School and any other research institution in the state approved by the commission.
new text end

Sec. 2.

new text begin [144.6652] MINNESOTA SPINAL CORD RESEARCH COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment and duties. new text end

new text begin The commissioner must establish a
Minnesota Spinal Cord Research Commission to perform the following duties:
new text end

new text begin (1) review and authorize approved research projects, for which purpose the
commission may establish an independent scientific advisory panel composed of scientists
and clinicians who are not members of the commission to review proposals submitted to
the commission and make funding recommendations to the commission;
new text end

new text begin (2) provide grants of all available funds to qualifying research institutions to finance
approved research projects and necessary institutional support services;
new text end

new text begin (3) ensure that grant funds are not diverted to any other use;
new text end

new text begin (4) encourage the development of spinal cord research projects within the state;
new text end

new text begin (5) design a fair and equitable system for the solicitation, evaluation, and approval
of proposals for spinal cord research projects;
new text end

new text begin (6) apply for and accept any grants from the federal government which may be
available for programs relating to research on the spinal cord;
new text end

new text begin (7) compile a directory of all spinal cord research projects being conducted in the
state; and
new text end

new text begin (8) provide a report to the legislature by January 30 of each year describing the status
of the commission's activities and the results of its funded research efforts.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The commission shall consist of 11 members, including
the following:
new text end

new text begin (a) one representative appointed by each of the commissioners of health and human
services to serve as ex officio members;
new text end

new text begin (b) one representative appointed by the University of Minnesota Medical School;
new text end

new text begin (c) one representative appointed by the federally designated Spinal Cord Injury
Model System;
new text end

new text begin (d) one representative appointed by the American Paralysis Association; and
new text end

new text begin (e) six public members appointed by the governor who are residents of the state
knowledgeable about spinal cord injuries and who include at least one physician licensed
in this state and at least one person with a spinal cord injury.
new text end

Sec. 3.

new text begin [144.6653] SPINAL CORD RESEARCH ACCOUNT.
new text end

new text begin (a) A spinal cord research account is created in the general fund. Money in this
account must be used, as appropriated by law, to fund grants issued by the Minnesota
Spinal Cord Research Commission. This account shall be the repository for money
provided pursuant to section 171.29, subdivision 2, paragraph (d). Funds deposited in the
account, and any interest earned thereon, shall be used exclusively for the purpose of
making grants for approved spinal cord research projects at qualified research institutions
as determined by the commission pursuant to section 144.6652.
new text end

new text begin (b) Any costs incurred by the commissioner in the collection or administration of
this account may be deducted from the funds deposited therein, as determined by the
commissioner of management and budget.
new text end

Sec. 4.

Minnesota Statutes 2010, section 171.29, subdivision 2, is amended to read:

Subd. 2.

Reinstatement fees and surcharges allocated and appropriated.

(a)
An individual whose driver's license has been revoked as provided in subdivision 1,
except under section 169A.52, 169A.54, or 609.21, must pay a $30 fee before the driver's
license is reinstated.

(b) A person whose driver's license has been revoked as provided in subdivision 1
under section 169A.52, 169A.54, or 609.21, must pay a $250 fee plus a $430 surcharge
before the driver's license is reinstated, except as provided in paragraph deleted text begin (f) deleted text end new text begin (g) new text end . The $250
fee is to be credited as follows:

(1) Twenty percent must be credited to the driver services operating account in the
special revenue fund as specified in section 299A.705.

(2) Sixty-seven percent must be credited to the general fund.

(3) Eight percent must be credited to a separate account to be known as the Bureau
of Criminal Apprehension account. Money in this account is annually appropriated to the
commissioner of public safety and the appropriated amount must be apportioned 80 percent
for laboratory costs and 20 percent for carrying out the provisions of section 299C.065.

(4) Five percent must be credited to a separate account to be known as the vehicle
forfeiture account, which is created in the special revenue fund. The money in the account
is annually appropriated to the commissioner for costs of handling vehicle forfeitures.

(c) The revenue from $50 of the surcharge must be credited to a separate account
to be known as the traumatic brain injury and spinal cord injury account. The revenue
from $50 of the surcharge on a reinstatement under paragraph deleted text begin (f) deleted text end new text begin (g) new text end is credited from the
first installment payment to the traumatic brain injury and spinal cord injury account.
The money in the account is annually appropriated to the commissioner of health to be
used as follows: 83 percent for contracts with a qualified community-based organization
to provide information, resources, and support to assist persons with traumatic brain
injury and their families to access services, and 17 percent to maintain the traumatic
brain injury and spinal cord injury registry created in section 144.662. For the purposes
of this paragraph, a "qualified community-based organization" is a private, not-for-profit
organization of consumers of traumatic brain injury services and their family members.
The organization must be registered with the United States Internal Revenue Service under
section 501(c)(3) as a tax-exempt organization and must have as its purposes:

(1) the promotion of public, family, survivor, and professional awareness of the
incidence and consequences of traumatic brain injury;

(2) the provision of a network of support for persons with traumatic brain injury,
their families, and friends;

(3) the development and support of programs and services to prevent traumatic
brain injury;

(4) the establishment of education programs for persons with traumatic brain injury;
and

(5) the empowerment of persons with traumatic brain injury through participation
in its governance.

A patient's name, identifying information, or identifiable medical data must not be
disclosed to the organization without the informed voluntary written consent of the patient
or patient's guardian or, if the patient is a minor, of the parent or guardian of the patient.

new text begin (d) The revenue from $25 of the surcharge must be credited to the spinal cord
research account established under section 144.6653. The revenue from $25 of the
surcharge on a reinstatement under paragraph (g) is credited from the first installment
payment to the spinal cord research account. The money in the account is annually
appropriated to the commissioner of health to be used as provided in section 144.6653.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end The remainder of the surcharge must be credited to a separate account to be
known as the remote electronic alcohol-monitoring program account. The commissioner
shall transfer the balance of this account to the commissioner of management and budget
on a monthly basis for deposit in the general fund.

deleted text begin (e) deleted text end new text begin (f) new text end When these fees are collected by a licensing agent, appointed under section
171.061, a handling charge is imposed in the amount specified under section 171.061,
subdivision 4. The reinstatement fees and surcharge must be deposited in an approved
depository as directed under section 171.061, subdivision 4.

deleted text begin (f) deleted text end new text begin (g) new text end A person whose driver's license has been revoked as provided in subdivision
1 under section 169A.52 or 169A.54 and who the court certifies as being financially
eligible for a public defender under section 611.17, may choose to pay 50 percent and
an additional $25 of the total amount of the surcharge and 50 percent of the fee required
under paragraph (b) to reinstate the person's driver's license, provided the person meets all
other requirements of reinstatement. If a person chooses to pay 50 percent of the total and
an additional $25, the driver's license must expire after two years. The person must pay an
additional 50 percent less $25 of the total to extend the license for an additional two years,
provided the person is otherwise still eligible for the license. After this final payment of
the surcharge and fee, the license may be renewed on a standard schedule, as provided
under section 171.27. A handling charge may be imposed for each installment payment.
Revenue from the handling charge is credited to the driver services operating account in
the special revenue fund and is appropriated to the commissioner.

deleted text begin (g) deleted text end new text begin (h) new text end Any person making installment payments under paragraph deleted text begin (f) deleted text end new text begin (g) new text end , whose
driver's license subsequently expires, or is canceled, revoked, or suspended before
payment of 100 percent of the surcharge and fee, must pay the outstanding balance due
for the initial reinstatement before the driver's license is subsequently reinstated. Upon
payment of the outstanding balance due for the initial reinstatement, the person may
pay any new surcharge and fee imposed under paragraph (b) in installment payments as
provided under paragraph deleted text begin (f) deleted text end new text begin (g) new text end .