Senate File 2196
SENATE FILE
BY SIEVERS, VEENSTRA, JOHNSON,
SHULL, WIECK, GASKILL, BEHN,
BOETTGER, TINSMAN, SENG, WARD,
DVORSKY, HOSCH, KETTERING,
STEWART, SEYMOUR, KIBBIE,
BEALL, COURTNEY, and LAMBERTI
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the establishment of an Iowa spinal cord
2 injury research program and including the levying of a
3 surcharge on certain motor vehicle violations.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5396XS 80
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PAG LIN
1 1 Section 1. NEW SECTION. 135M.1 LEGISLATIVE FINDINGS AND
1 2 INTENT.
1 3 1. The general assembly finds that every year, thousands
1 4 of Americans sustain spinal cord injuries, the major cause of
1 5 which is motor vehicle accidents.
1 6 2. The general assembly also finds that because of
1 7 advances in research, spinal cord injuries that were once
1 8 thought to be nonreversible may be reversed with regenerative
1 9 therapies, and the objective of current research is no longer
1 10 merely rehabilitation, but a cure.
1 11 3. It is the intent of the general assembly to provide an
1 12 ongoing source of funding for research to accelerate the
1 13 discovery of a cure for spinal cord injuries.
1 14 Sec. 2. NEW SECTION. 135M.2 IOWA SPINAL CORD RESEARCH
1 15 TRUST FUND CREATED.
1 16 1. The Iowa spinal cord research trust fund is created in
1 17 the state treasury under the authority of the treasurer of
1 18 state. Moneys received through the surcharge on motor vehicle
1 19 violations pursuant to section 135M.4 shall be deposited in
1 20 the trust fund.
1 21 2. Moneys deposited in the trust fund shall be used only
1 22 for the purposes of the Iowa spinal cord injury research
1 23 program as specified in this chapter.
1 24 3. The moneys in the trust fund shall not be considered
1 25 revenue of the state, but rather shall be funds of the Iowa
1 26 spinal cord research program. The moneys deposited in the
1 27 trust fund are not subject to section 8.33 and shall not be
1 28 transferred, used, obligated, appropriated, or otherwise
1 29 encumbered, except to provide for the purposes of this
1 30 chapter. Notwithstanding section 12C.7, subsection 2,
1 31 interest or earnings on moneys deposited in the trust fund
1 32 shall be credited to the trust fund.
1 33 4. The treasurer of state shall provide a quarterly report
1 34 of trust fund activities and balances to the Iowa spinal cord
1 35 research program board.
2 1 Sec. 3. NEW SECTION. 135M.3 IOWA SPINAL CORD RESEARCH
2 2 PROGRAM BOARD == MEMBERSHIP == DUTIES.
2 3 1. The Iowa spinal cord research program board is created
2 4 to provide for the administration of the Iowa spinal cord
2 5 research trust fund created in section 135M.2.
2 6 2. The members of the board shall include all of the
2 7 following:
2 8 a. Two individuals representing the state university of
2 9 Iowa and two individuals representing Iowa state university of
2 10 science and technology who have expertise in neuroscience,
2 11 neurology, neurosurgery, or neuropharmacology, selected by the
2 12 dean of the respective university.
2 13 b. Six members of the public appointed by the governor and
2 14 subject to confirmation by the senate. The public members
2 15 shall have knowledge about spinal cord injury, and shall
2 16 include at least one individual with a spinal cord injury.
2 17 c. A licensed physician with professional experience with
2 18 spinal cord injury, selected by the Iowa medical society and
2 19 the Iowa osteopathic medical society.
2 20 d. A licensed physician or researcher with expertise in
2 21 spinal cord injury, selected by the Iowa chiropractic society.
2 22 3. Members appointed by the governor shall serve three=
2 23 year staggered terms as designated by the governor. The
2 24 filling of positions reserved for the public members,
2 25 vacancies, membership terms, and removal of the members are
2 26 governed by chapter 69.
2 27 4. The members shall select a chairperson on an annual
2 28 basis from among the membership of the board. A majority of
2 29 the board shall constitute a quorum. The board may recruit
2 30 scientists and clinicians with expertise in spinal cord
2 31 injuries to constitute an advisory panel to review grant
2 32 applications and make recommendations to the board.
2 33 5. The board shall meet at least once annually, and may
2 34 meet more frequently upon the call of the chairperson.
2 35 6. The Iowa department of public health shall act as
3 1 support staff to the board.
3 2 7. The board shall do all of the following:
3 3 a. Solicit and review applications from public and private
3 4 entities and organizations and qualified research institutions
3 5 which have the goal of finding a cure for spinal cord injuries
3 6 and which are located in the state for grants of money from
3 7 funds deposited in the Iowa spinal cord research trust fund.
3 8 b. Approve research grants funded through the Iowa spinal
3 9 cord research trust fund.
3 10 c. Apportion funds to qualifying research entities to
3 11 finance approved research projects.
3 12 d. Submit an annual report to the governor and the general
3 13 assembly by January 31 regarding the status of the moneys
3 14 awarded for research and the results of research efforts.
3 15 Sec. 4. NEW SECTION. 135M.4 MOTOR VEHICLE VIOLATION
3 16 SURCHARGE.
3 17 1. A motor vehicle violation surcharge shall be levied
3 18 against certain violators as provided in this section.
3 19 Notwithstanding section 805.12, the surcharge amounts
3 20 collected under this section shall be deposited in the Iowa
3 21 spinal cord research trust fund created in section 135M.2.
3 22 2. The motor vehicle violation surcharge shall be levied,
3 23 in addition to any other amounts levied, for all violations
3 24 described in section 805.8A, subsections 5, 6, 7, and 8, and
3 25 subsection 14, paragraph "c", in the amount of ten dollars.
3 26 Sec. 5. Section 805.8, subsection 1, Code 2003, is amended
3 27 to read as follows:
3 28 1. APPLICATION. Except as otherwise indicated, violations
3 29 of sections of the Code specified in sections 805.8A, 805.8B,
3 30 and 805.8C are scheduled violations, and the scheduled fine
3 31 for each of those violations is as provided in those sections,
3 32 whether the violation is of state law or of a county or city
3 33 ordinance. The criminal penalty surcharge required by section
3 34 911.2 and the motor vehicle violation surcharge required by
3 35 section 135M.4 shall be added to the scheduled fine.
4 1 EXPLANATION
4 2 This bill creates an Iowa spinal cord research program,
4 3 including a spinal cord research trust fund and a spinal cord
4 4 research program board.
4 5 The bill creates an Iowa spinal cord research trust fund
4 6 into which moneys received through the surcharge placed on
4 7 motor vehicle violations pursuant to the bill are to be
4 8 deposited. The moneys in the trust fund are to be used only
4 9 for the purposes of the Iowa spinal cord injury research
4 10 program. The bill directs the treasurer of state to provide a
4 11 quarterly report of trust fund activities and balances to the
4 12 Iowa spinal cord injury research program board.
4 13 The bill creates an Iowa spinal cord research program board
4 14 composed of two individuals representing the university of
4 15 Iowa and two individuals representing Iowa state university
4 16 who have expertise in neuroscience, neurology, neurosurgery,
4 17 or neuropharmacology, selected by the dean of the respective
4 18 university; six members of the public appointed by the
4 19 governor and subject to confirmation by the senate; a licensed
4 20 physician with professional experience with spinal cord
4 21 injury, selected by the Iowa medical society and the Iowa
4 22 osteopathic medical society; and a licensed physician or
4 23 researcher with expertise in spinal cord injury, selected by
4 24 the Iowa chiropractic society. The public members are to have
4 25 knowledge about spinal cord injury, and shall include at least
4 26 one individual with a spinal cord injury. The bill specifies
4 27 the duties of the board, including that the board is to
4 28 solicit and review applications for grants to public and
4 29 private entities and organizations and qualified research
4 30 institutions which have the goal of finding a cure for spinal
4 31 cord injuries; approve grants; apportion funds to finance
4 32 research projects; and submit annual reports to the governor
4 33 and the general assembly regarding the status of the moneys
4 34 awarded for research and the results of research efforts.
4 35 The bill establishes a motor vehicle violation surcharge of
5 1 $10 for certain moving motor vehicle violations. The
5 2 surcharge moneys collected are to be deposited in the Iowa
5 3 spinal cord research trust fund.
5 4 LSB 5396XS 80
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