1.1                          A bill for an act 
  1.2             relating to health; creating the brain and spinal cord 
  1.3             injury research board and the brain and spinal cord 
  1.4             injury research trust account; modifying provider 
  1.5             reporting provisions; providing civil penalties; 
  1.6             creating a surcharge on certain traffic fines; 
  1.7             appropriating money; amending Minnesota Statutes 2000, 
  1.8             section 144.663, by adding a subdivision; proposing 
  1.9             coding for new law in Minnesota Statutes, chapter 145. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:  
  1.11     Section 1.  Minnesota Statutes 2000, section 144.663, is 
  1.12  amended by adding a subdivision to read: 
  1.13     Subd. 4.  [PENALTY.] A hospital, medical facility, or 
  1.14  physician that does not report a traumatic brain injury or 
  1.15  spinal cord injury as required under subdivision 1 is subject to 
  1.16  a fine of $100 per unreported injury.  A fine sued for under 
  1.17  this subdivision shall be recovered by the brain and spinal cord 
  1.18  injury research board and shall be credited to the brain and 
  1.19  spinal cord injury research trust account. 
  1.20     Sec. 2.  [145.9801] [BRAIN AND SPINAL CORD INJURY RESEARCH 
  1.21  BOARD.] 
  1.22     Subdivision 1.  [BOARD ESTABLISHED.] (a) A brain and spinal 
  1.23  cord injury research board is established to administer brain 
  1.24  and spinal cord injury research projects and administer the 
  1.25  brain and spinal cord injury research trust account under 
  1.26  section 145.9802.  The purpose of research projects administered 
  1.27  by the board shall be neurological research towards a clinical 
  2.1   cure for chronic brain and chronic spinal cord injuries.  The 
  2.2   members of the brain and spinal cord injury research board must 
  2.3   be residents of the state.  The board shall be composed of nine 
  2.4   members, seven of whom shall be appointed by the governor, one 
  2.5   of whom shall be a senator appointed by the subcommittee on 
  2.6   committees of the senate committee on rules and administration, 
  2.7   and one of whom shall be a representative appointed by the 
  2.8   speaker of the house.  The appointees named by the governor 
  2.9   shall be selected from clinical doctors of the University of 
  2.10  Minnesota medical school or the Mayo Clinic, leading neural 
  2.11  researchers from the University of Minnesota medical school or 
  2.12  the Mayo Clinic, members of the governing boards of major 
  2.13  corporations based in the state, and citizens with brain or 
  2.14  spinal cord injuries or members of their immediate families. 
  2.15     (b) Board member terms, compensation, and removal are 
  2.16  governed by section 15.059.  Notwithstanding section 15.059, 
  2.17  subdivision 5, the brain and spinal cord injury research board 
  2.18  does not expire. 
  2.19     (c) A majority of the full authorized membership of the 
  2.20  board shall constitute a quorum. 
  2.21     (d) The board shall select one member to serve as chair. 
  2.22     (e) The board shall employ an executive director.  The 
  2.23  executive director must possess an M.D. or Ph.D. degree, with 
  2.24  expertise in neural treatment or research.  The executive 
  2.25  director is in the unclassified service.  The executive director 
  2.26  shall serve a five-year term and may be reappointed by the board.
  2.27     (f) Meetings of the board shall be held at least twice a 
  2.28  year but may be held more frequently as deemed necessary, 
  2.29  subject to call by the chair or by request of a majority of the 
  2.30  board members.  Board meetings shall concern, among other 
  2.31  things, policy matters relating to brain and spinal cord injury 
  2.32  research projects, research progress reports, and other matters 
  2.33  necessary to carry out the intent of this section. 
  2.34     Subd. 2.  [BOARD DUTIES.] The brain and spinal cord injury 
  2.35  research board shall: 
  2.36     (1) formulate policies and procedures necessary to carry 
  3.1   out the provisions of this section; 
  3.2      (2) solicit, receive, and review applications from the 
  3.3   University of Minnesota medical school and the Mayo Clinic for 
  3.4   grants from the brain and spinal cord injury research trust 
  3.5   account under section 145.9802 to conduct research programs for 
  3.6   the clinical cure of chronic brain and chronic spinal cord 
  3.7   injuries; 
  3.8      (3) grant approval of applications that meet the 
  3.9   requirements of section 145.9802, subdivision 2, and disburse 
  3.10  money from the brain and spinal cord injury research trust 
  3.11  account; 
  3.12     (4) encourage the development of brain and spinal cord 
  3.13  research projects; 
  3.14     (5) ensure that state funds appropriated for brain and 
  3.15  spinal cord injury research are not diverted to any other use; 
  3.16  and 
  3.17     (6) provide the governor and the legislature an annual 
  3.18  report by January 31 of each year setting forth the status of 
  3.19  funds appropriated for brain and spinal cord injury research and 
  3.20  the progress of the board in terms of the results of its brain 
  3.21  and spinal cord injury research efforts. 
  3.22     Subd. 3.  [BOARD AUTHORITY.] The brain and spinal cord 
  3.23  injury research board may: 
  3.24     (1) employ personnel as may be necessary; 
  3.25     (2) establish a system for soliciting, evaluating, and 
  3.26  approving proposals for brain and spinal cord research projects; 
  3.27     (3) apply for and accept grants of money from the federal 
  3.28  government; 
  3.29     (4) enter into contracts with individuals, organizations, 
  3.30  and institutions necessary or incidental to the performance of 
  3.31  its duties; and 
  3.32     (5) accept gifts, grants, and bequests of money from 
  3.33  individuals, foundations, corporations, governmental agencies, 
  3.34  and other organizations and institutions. 
  3.35     Sec. 3.  [145.9802] [BRAIN AND SPINAL CORD INJURY RESEARCH 
  3.36  TRUST ACCOUNT.] 
  4.1      Subdivision 1.  [ACCOUNT ESTABLISHED.] There is created in 
  4.2   the state treasury an account known as the brain and spinal cord 
  4.3   injury research trust account.  The account shall consist of 
  4.4   money appropriated for its purpose, money collected by the 
  4.5   mandatory surcharge imposed under subdivision 4, money collected 
  4.6   as penalties under section 144.663, subdivision 4, and any 
  4.7   gifts, grants, or bequests of money from individuals, 
  4.8   foundations, corporations, governmental agencies, or other 
  4.9   organizations and institutions. 
  4.10     Subd. 2.  [GRANT ELIGIBILITY.] The brain and spinal cord 
  4.11  injury board shall grant money from the account only for 
  4.12  clinical research and human clinical trials directed solely at 
  4.13  developing a cure for chronic brain and chronic spinal cord 
  4.14  injuries and conducted entirely within the state by researchers 
  4.15  at the University of Minnesota medical school in Minneapolis or 
  4.16  the Mayo Clinic in Rochester. 
  4.17     Subd. 3.  [APPROPRIATION.] Money in the account is 
  4.18  appropriated to the brain and spinal cord injury research board 
  4.19  for administrative costs of the board and for funding brain and 
  4.20  spinal cord injury research projects. 
  4.21     Subd. 4.  [SURCHARGE.] A $10 surcharge shall be added to 
  4.22  the amount of each fine imposed on and collected from a person 
  4.23  who is guilty of reckless or careless driving under section 
  4.24  169.13, speeding under section 169.14, or driving while impaired 
  4.25  under chapter 169A.  The surcharge shall be deposited in the 
  4.26  state treasury and credited to the brain and spinal cord injury 
  4.27  research trust account.