70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2448
Senate Bill 1183
Sponsored by Senators BROWN, GORDLY, SHIELDS
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Establishes Traumatic Brain Injury Trust Fund to provide
funding to community based direct services programs. Creates
Board of Traumatic Brain Injury Trust Fund to approve
expenditures and perform other duties.
Transfers funds from Criminal Fine and Assessment Account to
Traumatic Brain Injury Trust Fund.
A BILL FOR AN ACT
Relating to Traumatic Brain Injury Trust Fund; creating new
provisions; amending ORS 137.303; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 137.303 is amended to read:
137.303. (1) The Department of Revenue is responsible for
{ - assuring - } { + ensuring + } that moneys in the Criminal
Fine and Assessment Account are properly distributed and shall
distribute the moneys monthly according to the following formula:
(a) 15.6365 percent of moneys in the account shall be
transferred to the Police Standards and Training Account
established under ORS 181.690.
(b) 8.7570 percent of moneys in the account shall be
transferred to the Criminal Injuries Compensation Account
established under ORS 147.225.
(c) 4.2299 percent of moneys in the account shall be
transferred to the Intoxicated Driver Program Fund established
under ORS 813.270.
(d) { - 48.6727 - } { + 46.6727 + } percent of moneys in
the account shall be transferred to the General Fund to be used
for general governmental expenses.
(e) 2.3452 percent of the moneys in the account shall be
reserved to be distributed as provided in ORS 137.305.
(f) 2.7608 percent of the moneys in the account shall be
transferred to the Department of State Police and is continuously
appropriated to the department.
(g) 0.7870 percent of moneys in the account shall be
transferred to the Department of State Police and is continuously
appropriated to the department for the purpose of enhanced
enforcement of traffic laws against drivers of commercial motor
vehicles.
(h) 8.7570 percent of the moneys in the account shall be
transferred to the Child Abuse Multidisciplinary Intervention
Account established in ORS 418.746.
(i) 0.8820 percent of the moneys in the account shall be
transferred to the Domestic Violence Fund established under ORS
108.660.
(j) 3.4586 percent of the moneys in the account shall be
transferred to the Department of State Police and is continuously
appropriated to the department for the purpose of performing
forensic laboratory analyses and maintaining the forensic
services implied consent unit.
(k) 1.2015 percent of the moneys in the account shall be
transferred to the Domestic Violence Fund established under ORS
108.660 and is continuously appropriated for the purposes of ORS
108.620 (1)(a) to (c).
(L) 0.4508 percent of the moneys in the account shall be
transferred to the Safety Education Fund created by ORS 802.155.
(m) 2.061 percent of the moneys in the account shall be
transferred to the Children's Trust Endowment Fund established
under ORS 418.198.
{ + (n) 2.0000 percent of the moneys in the account shall be
transferred to the Traumatic Brain Injury Trust Fund established
under section 6 of this 1999 Act. + }
(2) The Department of Revenue shall report to the State Office
For Services to Children and Families monthly on the amount of
moneys transferred to the Child Abuse Multidisciplinary
Intervention Account under subsection (1)(h) of this section. In
making the report, the Department of Revenue shall specify the
amount of moneys received from the state courts in each county
and from each city court.
SECTION 2. { + As used in sections 3 to 6 of this 1999 Act, '
traumatic brain injury' means a partial or total disability that
is caused by damage to the brain or its coverings, that is not
degenerative in nature and that results in a decrease in mental,
cognitive, behavioral or physical functioning. 'Traumatic brain
injury' does not include vascular accidents, aneurysms or
congenital defects. + }
SECTION 3. { + (1) The Board of the Traumatic Brain Injury
Trust Fund is established and shall consist of 15 members
selected from the various geographic areas of the state and from
the state's diverse populations. Members of the board shall be
appointed by the Governor. The Governor shall appoint one member
from each of the following groups:
(a) Survivors of traumatic brain injuries;
(b) Family members of persons with traumatic brain injuries;
(c) Researchers involved in medical research of traumatic brain
injuries;
(d) Members of the governing boards of statewide traumatic
brain injury support groups;
(e) Physicians specializing in treatment of traumatic brain
injuries;
(f) Persons with financial expertise;
(g) Persons representing private business;
(h) Attorneys with experience in issues related to traumatic
brain injuries;
(i) Persons experienced in public relations;
(j) Persons experienced in human resources management;
(k) Case managers experienced in assisting persons with
traumatic brain injuries;
(L) Representatives of the the Department of Human Resources;
(m) Vocational specialists;
(n) Representatives of Oregon Health Sciences University; and
(o) Licensed physical therapists with experience assisting
persons with traumatic brain injuries.
(2) The term of office of a member of the board is four years,
but the member serves at the pleasure of the Governor. Before
the expiration of the term of a member, the Governor shall
appoint a successor whose term begins on July 1 next following. A
member is eligible for reappointment. If there is a vacancy for
any cause, the Governor shall make an appointment to become
effective immediately for the unexpired term.
(3) Members of the board shall receive no compensation for
their services. Members of the board other than members employed
in full-time public service shall be reimbursed by the board for
their actual and necessary expenses incurred in the performance
of their duties. Such reimbursements shall be subject to the
provisions of ORS 292.495. Members of the board who are employed
full-time in public service may be reimbursed for their actual
and necessary expenses incurred in the performance of their
duties by their employing agency.
(4) The board shall meet at least once every three months and
at such other times as may be specified by the chairperson or a
majority of the board.
(5) The board shall employ an executive director and may employ
any other employees it deems necessary for the effective conduct
of the work under its charge. The board may also contract with
any state agency or private entity for the use of staff and
office space.
(6) In accordance with the applicable provisions of ORS 183.310
to 183.550, the board may adopt rules necessary for the
administration of the laws that the board is charged with
administering.
(7) The board shall annually elect a chairperson and vice
chairperson. + }
SECTION 4. { + (1) To carry out the purposes of sections 3 to
6 of this 1999 Act, the Board of the Traumatic Brain Injury Trust
Fund shall:
(a) Advise appropriate state agencies, the Governor and the
Legislative Assembly on matters and issues relating to traumatic
brain injuries and rehabilitation.
(b) Review and make recommendations, plans and strategies for
meeting the needs of persons with traumatic brain injuries on a
statewide basis.
(c) In cooperation with related organizations, conduct a
comprehensive program of public and professional education to
heighten awareness of the capabilities, potential and needs of
persons with traumatic brain injuries.
(d) Monitor programs and services for persons with traumatic
brain injuries to encourage efficient and coordinated use of
resources in providing services.
(e) Develop plans for and authorize the expenditure of funds
from the Traumatic Brain Injury Trust Fund in accordance with
guidelines established under section 5 of this 1999 Act.
(2) By January 31 of each year, the board shall report to the
Governor and the Legislative Assembly in the manner provided by
ORS 192.245 about the activities and operations of the board. + }
SECTION 5. { + Programs funded under sections 3 to 6 of this
1999 Act are intended to provide direct services to persons with
traumatic brain injuries. Such programs may include, but are not
limited to:
(1) Community-based programs relating to the provision of
assistance with the activities of daily living of persons with
traumatic brain injuries, including housing, transportation,
attendant care, education, training and socialization skills, as
well as vocational and recreational services.
(2) Community-based programs relating to respite care, mutual
aid programs, counseling and support for family members and other
primary caregivers of persons with traumatic brain injuries. + }
SECTION 6. { + (1) The Traumatic Brain Injury Trust Fund is
established as a fund in the State Treasury, separate and
distinct from the General Fund. Interest earned by the trust fund
shall be credited to the trust fund.
(2) All moneys credited to the Traumatic Brain Injury Trust
Fund are continuously appropriated for the purposes of sections 3
to 6 of this 1999 Act to be expended by the Board of the
Traumatic Brain Injury Trust Fund as provided in section 4 of
this 1999 Act. + }
SECTION 7. { + (1) Notwithstanding terms of the board members
specified in section 3 of this 1999 Act, of the members first
appointed to the Board of the Traumatic Brain Injury Trust Fund:
(a) Five shall serve for a term ending July 1, 2000.
(b) Five shall serve for a term ending July 1, 2001.
(c) Five shall serve for a term ending July 1, 2002.
(2) The terms of the members first appointed to the board shall
be determined by lot at the first meeting of the board. + }
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