S.F. 2087 Section 1. Section 135.22B, subsection 7, paragraph c, Code 1 2009, is amended to read as follows: 2 c. The program administrator shall file copies of the 3 individual’s application and needs assessment with the 4 program resource neuro-resource facilitator assigned to the 5 individual’s geographic area. 6 Sec. 2. Section 135.22B, subsection 9, Code 2009, is amended 7 to read as follows: 8 9. Resource Neuro-resource facilitation. The program shall 9 utilize resource neuro-resource facilitators to facilitate 10 program services. The resource neuro-resource facilitator 11 shall be available to provide ongoing support for individuals 12 with brain injury in coping with the issues of living 13 with a brain injury and in assisting such individuals in 14 transitioning back to employment and living in the community. 15 The resource neuro-resource facilitator is intended to provide 16 a linkage to existing services and increase the capacity of the 17 state’s providers of services to persons with brain injury by 18 doing all of the following: 19 a. Providing brain injury-specific information, support, and 20 resources. 21 b. Enhancing the usage of support commonly available to an 22 individual with brain injury from the community, family, and 23 personal contacts and linking such individuals to appropriate 24 services and community resources. 25 c. Training service providers to provide appropriate brain 26 injury services. 27 d. Accessing, securing, and maximizing the private and 28 public funding available to support an individual with a brain 29 injury. 30 Sec. 3. NEW SECTION . 135.22C Brain injury services fund —— 31 task force. 32 1. Definitions. For the purposes of this section, unless 33 the context otherwise requires: 34 a. “Advisory council” means the advisory council on brain 35 -1- LSB 5366XS (6) 83 jp/nh 1/ 8

S.F. 2087 injuries established pursuant to section 135.22A. 1 b. “Brain injury services waiver” and “program administrator” 2 mean the same as defined in section 135.22B. 3 c. “Consumer” means a person with brain injury. 4 d. “Cost share component” and “neuro-resource facilitation 5 component” mean the applicable components of the brain injury 6 services program implemented pursuant to section 135.22B. 7 2. Fund created. The brain injury services fund is created 8 in the state treasury under the authority of the program 9 administrator. The advisory council shall provide oversight 10 for the services fund and the expenditures from the fund. 11 Notwithstanding section 8.33, moneys credited to the services 12 fund shall not revert to any other fund. Notwithstanding 13 section 12C.7, subsection 2, interest or earnings on moneys 14 deposited in the services fund shall be credited to the 15 services fund. 16 3. Purposes. Moneys in the services fund are appropriated 17 to the program administrator to be used for any of the 18 following purposes: 19 a. Providing state match funding for the brain injury 20 services waiver and the cost share component. 21 b. Providing funding for enhanced services and other support 22 necessary to eliminate the need for an out-of-state placement 23 of a consumer when the consumer’s needs are in excess of the 24 coverage provided under the brain injury services waiver or the 25 cost share component. 26 c. Providing funding to identify and purchase a brain 27 injury screening tool and to implement and provide training for 28 a screening process for use by identified professionals and 29 service providers. The professionals and service providers may 30 include but are not limited to community mental health centers, 31 substance abuse treatment providers, correctional facilities, 32 and physicians and other health care professionals. 33 d. Providing funding for expansion of the neuro-resource 34 facilitation component for implementation of the brain injury 35 -2- LSB 5366XS (6) 83 jp/nh 2/ 8

S.F. 2087 screening tool and related costs. 1 e. Providing funding for service provider training through 2 the neuro-resource facilitation component for any of the 3 following purposes: 4 (1) Increasing brain injury awareness. 5 (2) Encouraging the use of evidence-based treatment and 6 interventions for brain injuries. 7 (3) Implementing the brain injury screening tool and 8 screening process. 9 f. Providing incentive funds to attract and retain workers 10 in the field of brain injury treatment. The incentives made 11 available may include but are not limited to educational loan 12 payments and business tax credits or rebates. 13 g. Providing match funding for implementing activities 14 identified in the state plan for brain injury services 15 recommended by the advisory council. 16 h. Providing funding for the program administrator’s 17 administrative expenses and other costs associated with the 18 program administrator’s duties associated with the fund. The 19 administrative expenses may include the costs of additional 20 professional, technical, or clerical staff, subject to the 21 concurrence of the advisory council as to the need for the 22 staff. 23 i. Fulfilling the terms of any bequest, endowment, grant, 24 gift, or donation received by the services fund. 25 4. a. Funding sources. Proceeds from the brain injury 26 surcharge under section 911.5 shall be credited to the services 27 fund. 28 b. The program administrator shall establish an estate 29 bequest and donation program and any bequest, endowment, grant, 30 gift, or donation that may be used for expenditure for the 31 purposes of the fund and the program shall be credited to the 32 fund. 33 c. The advisory council may designate gifts, grants, or 34 donations received by the advisory council under section 35 -3- LSB 5366XS (6) 83 jp/nh 3/ 8

S.F. 2087 135.22B to be credited to the fund that the advisory council 1 deems appropriate for expenditure in accordance with the 2 purposes of the fund. 3 d. The program administrator may credit to the fund federal 4 moneys that are appropriate for expenditure for the purposes 5 of the fund. The acceptance and use of such federal moneys 6 does not by itself commit state funds and does not obligate the 7 state to provide replacement funding if the federal moneys are 8 no longer available. 9 5. a. Task force. The advisory council shall recruit and 10 appoint a fifteen member task force to make recommendations to 11 the advisory council concerning the fund and purposes supported 12 by the fund. Membership terms shall be for two years. The 13 following state agencies shall provide one or more nominees 14 who are employed by the respective agency, of which one member 15 shall be selected by the council to represent each agency: 16 (1) Commissioner of insurance. 17 (2) Department for the blind. 18 (3) Department of corrections. 19 (4) Department of education, division of vocational 20 education. 21 (5) Department of public health. 22 b. The remaining members shall be persons with brain injury 23 or immediate family members of a person with brain injury. 24 c. A vacancy on the task force shall be filled in the same 25 manner as the original appointment for the remainder of the 26 term. 27 d. The advisory council shall designate a chairperson of 28 the task force from the task force membership. The task force 29 may designate other officers as deemed appropriate by the task 30 force. 31 e. A member of the task force is eligible for reimbursement 32 of actual and necessary expenses incurred in the performance of 33 their official duties. 34 Sec. 4. Section 602.8102, subsection 135A, Code 2009, is 35 -4- LSB 5366XS (6) 83 jp/nh 4/ 8

S.F. 2087 amended to read as follows: 1 135A. Assess the surcharges provided by sections 911.1, 2 911.2, 911.3, and 911.4 , and 911.5 . 3 Sec. 5. Section 602.8107, subsection 4, paragraph a, Code 4 Supplement 2009, is amended to read as follows: 5 a. This subsection does not apply to amounts collected 6 for victim restitution, the victim compensation fund, the 7 criminal penalty surcharge, sex offender civil penalty, drug 8 abuse resistance education surcharge, the law enforcement 9 initiative surcharge, county enforcement surcharge, brain 10 injury surcharge, amounts collected as a result of procedures 11 initiated under subsection 5 or under section 8A.504, or fees 12 charged pursuant to section 356.7. 13 Sec. 6. Section 602.8108, Code Supplement 2009, is amended 14 by adding the following new subsection: 15 NEW SUBSECTION . 6A. The clerk of the district court shall 16 remit all moneys collected from the assessment of the brain 17 injury surcharge provided in section 911.5 to the state court 18 administrator no later than the fifteenth day of each month for 19 deposit in the brain injury services fund created in section 20 135.22C. 21 Sec. 7. Section 902.9, unnumbered paragraph 2, Code 2009, 22 is amended to read as follows: 23 The surcharges required by sections 911.1, 911.2, and 911.3 , 24 and 911.5 shall be added to a fine imposed on a class “C” or 25 class “D” felon, as provided by those sections, and are not a 26 part of or subject to the maximums set in this section. 27 Sec. 8. Section 903.1, subsection 4, Code 2009, is amended 28 to read as follows: 29 4. The surcharges required by sections 911.1, 911.2, 911.3, 30 and 911.4 , and 911.5 shall be added to a fine imposed on a 31 misdemeanant as provided in those sections, and are not a part 32 of or subject to the maximums set in this section. 33 Sec. 9. NEW SECTION . 911.5 Brain injury surcharge. 34 1. In addition to any other surcharge, the court or clerk of 35 -5- LSB 5366XS (6) 83 jp/nh 5/ 8

S.F. 2087 the district court shall assess a brain injury surcharge equal 1 to five percent of the applicable fine if an adjudication of 2 guilt or a deferred judgment has been entered for a criminal 3 violation under any of the following: 4 a. Operating while intoxicated. For violations under 5 chapter 321J. 6 b. Excessive speed. For violations in excess of the limit 7 under section 321.236, subsections 5 and 11, and sections 8 321.285 and 461A.36. 9 c. Local traffic requirements. For violations under section 10 321.236, subsections 3, 4, 6, and 9. 11 d. Vehicle operation and control. For violations under 12 section 321.275, subsections 1 through 7, sections 321.277, 13 321.277A, 321.288, 321.297, 321.299, 321.302, and 321.303, 14 section 321.304, subsections 1 and 2, sections 321.305, 15 321.306, 321.311, 321.312, 321.314, 321.315, 321.316, 321.318, 16 321.323, 321.340, 321.353, 321.354, 321.363, 321.365, 321.366, 17 and 321.395. 18 e. Open container. For violations under sections 321.284 19 and 321.284A. 20 f. Safety belt and harness and child restraint. For 21 violations under sections 321.445 and 321.446. 22 2. In the event of multiple offenses, the surcharge shall be 23 imposed for each applicable offense. 24 3. The surcharge shall be remitted by the clerk of court as 25 provided in section 602.8108, subsection 6A. 26 4. The surcharge is subject to the provisions of chapter 27 909 governing the payment and collection of fines, as provided 28 in section 909.8. 29 Sec. 10. INITIAL APPOINTMENTS TO TASK FORCE. In making the 30 initial appointments of the members who are not state agency 31 employees to the task force appointed pursuant to section 32 135.22C, as enacted by this Act, the advisory council on brain 33 injuries shall appoint five members to three-year terms and 34 five members to two-year terms. 35 -6- LSB 5366XS (6) 83 jp/nh 6/ 8

S.F. 2087 EXPLANATION 1 This bill creates a brain injury services fund and task 2 force, makes appropriations from the fund, implements a brain 3 injury criminal surcharge, and makes penalties applicable. 4 Code section 135.22B, creating the brain injury services 5 program, is amended to rename the program’s resource 6 facilitation component for assisting individuals with brain 7 injuries in coping with living issues and other needs, to be 8 the neuro-resource facilitation component. 9 New Code section 135.22C creates the brain injury services 10 fund. Definitions are provided including adoption by reference 11 of several terms defined in other Code sections such as 12 the advisory council on brain injuries and the brain injury 13 services waiver under the medical assistance (Medicaid) 14 program. The program administrator is the division of the 15 department designated to administer the brain injury services 16 program. 17 Moneys credited to the fund from another state fund do not 18 revert to the other fund at the close of the fiscal year as 19 otherwise provided under section 8.33. Interest or earnings on 20 the moneys in the fund are credited to the fund. Moneys in the 21 fund are appropriated to the program administrator to be used 22 for the purposes specified in the bill. 23 The following purposes are specified: match funding for 24 the brain injury services waiver and the cost-share component, 25 services to eliminate the need for out-of-state placement, 26 purchase of a brain injury screening tool and associated 27 training, expansion of the neuro-resource facilitation 28 component, service provider training, incentive funds to 29 attract and retain workers, match funding for other activities 30 identified in the state plan for brain injury services, 31 administrative costs, and fulfilling the terms of donations 32 received by the fund. 33 Funding sources for the fund are from the brain injury 34 criminal surcharge implemented pursuant to the bill, estate 35 -7- LSB 5366XS (6) 83 jp/nh 7/ 8

S.F. 2087 bequests and other donations, donations received by the 1 advisory council and designated for the fund, and federal 2 funding. 3 The advisory council is required to create a 15 member 4 task force to make recommendations to the advisory council 5 concerning the fund and the purposes supported by the fund. 6 Five state agency members are included and the remainder are 7 required to be persons with brain injuries or immediate family 8 members. The initial appointments of members to the task force 9 are staggered. 10 The remainder of the bill relates to imposition of a brain 11 injury criminal surcharge in new Code section 911.5. The 12 surcharge is 5 percent of the applicable fine for numerous 13 motor vehicle operating offenses in the following general 14 classifications: operating while intoxicated, excessive speed, 15 local traffic requirements, vehicle operation and control, open 16 alcoholic beverage container, and safety belt and harness and 17 child restraint. Under Code chapter 909 a person who can pay a 18 fine and related charges and fails to do so is required to be 19 held in contempt of court. 20 Code section 602.8102 is amended to include collection of 21 the surcharge in the duties of the clerk of court. 22 Code section 602.8107, relating to collection of court debt 23 by the county attorney, is amended to include the surcharge 24 in the list of items that are exempt from collection and 25 distribution by the county attorney. 26 Code section 602.8108 is amended to require the clerk of 27 court to remit the surcharge moneys collected by the 15th day 28 of each month to the state court administrator for deposit in 29 the brain injury services fund. 30 Code sections 902.9 and 903.1 are amended to provide that 31 the surcharge is in addition to and not part of the monetary 32 maximums otherwise limiting the amounts of fines for various 33 felony and misdemeanor offenses. 34 -8- LSB 5366XS (6) 83 jp/nh 8/ 8