PRINTER'S NO. 1263
No. 1002 Session of 2001
INTRODUCED BY TILGHMAN, JUBELIRER, BOSCOLA, LAVALLE, O'PAKE,
ORIE, D. WHITE, COSTA, THOMPSON, SCHWARTZ, MUSTO, ERICKSON,
CORMAN, MOWERY, KUKOVICH, LEMMOND, TOMLINSON AND EARLL,
JUNE 21, 2001
REFERRED TO PUBLIC HEALTH AND WELFARE, JUNE 21, 2001
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, providing for a surcharge to benefit spinal cord
3 injury research; and establishing the Spinal Cord Injury
4 Research Fund and the Spinal Cord Injury Research Board.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 75 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 6507. Spinal cord injury surcharge.
10 (a) Levy and imposition.--In addition to any fines, fees or
11 penalties levied or imposed as provided by law, under this title
12 or any other statute, a surcharge shall be levied for
13 disposition in accordance with subsection (b) as follows:
14 (1) Upon conviction for any violation of the provisions
15 of this title or other statute of the Commonwealth, or
16 regulations promulgated under this title, which is a traffic
17 violation, exclusive of parking offenses, a surcharge of $1.
18 (2) The provisions of this subsection shall not apply to
1 any violation committed by the operator of a motorcycle,
2 motor-driven cycle, pedalcycle, motorized pedalcycle or
3 recreational vehicle not intended for highway use.
4 (b) Disposition.--Notwithstanding the provisions of 42
5 Pa.C.S. §§ 3571 (relating to Commonwealth portion of fines,
6 etc.) and 3573 (relating to municipal corporation portion of
7 fines, etc.), all surcharges levied and collected under
8 subsection (a) by any division of the unified judicial system
9 existing under section 1 of Article V of the Constitution of
10 Pennsylvania and 42 Pa.C.S. § 301 (relating to unified judicial
11 system) shall be remitted to the Commonwealth for deposit in the
12 fund.
13 (c) Spinal Cord Injury Research Fund.--The Spinal Cord
14 Injury Research Fund is hereby established as a special
15 nonlapsing fund in the State Treasury. All money deposited in
16 the fund is hereby appropriated on a continuing basis to the
17 Spinal Cord Injury Research Board. Moneys in the fund shall be
18 used solely for spinal cord research.
19 (d) Establishment of board.--There is hereby established a
20 Spinal Cord Injury Research Board consisting of 11 members.
21 (e) Term.--The term of office of each board member is four
22 years. A member of the board is eligible for reappointment. If
23 there is a vacancy for any cause, the Governor shall make the
24 appropriate appointment to become effective immediately for the
25 unexpired term.
26 (f) Appointments.--
27 (1) Of the 11 board members, three shall be appointed by
28 the Governor, two shall be appointed by the President pro
29 tempore of the Senate, two shall be appointed by the Minority
30 Leader of the Senate, two shall be appointed by the Majority
20010S1002B1263 - 2 -
1 Leader of the House of Representatives and two shall be
2 appointed by the Minority Leader of the House of
3 Representatives.
4 (2) The Governor's appointments shall include:
5 (i) One person who suffers from a spinal cord injury
6 not related to a foreign war.
7 (ii) One person who suffers from a spinal cord
8 injury who is a veteran of a foreign war.
9 (iii) One person who is knowledgeable in the field
10 of spinal cord injury and spinal cord research.
11 (3) All legislative appointments to the board shall be
12 members of the medical field in, but not limited to,
13 neuroscience, neurology, neurosurgery, neuropharmacological
14 and spinal cord rehabilitative medicine.
15 (g) Compensation.--The members of the board shall not
16 receive compensation for their services, but shall be reimbursed
17 for the actual and necessary expenses incurred in the
18 performance of their duties as members of the board.
19 (h) Powers and duties of board.--The board shall have the
20 following powers and duties:
21 (1) Elect one of its members as chairperson and another
22 as vice chairperson, for terms and with such duties and
23 powers necessary for the performance of the functions of such
24 offices as the board determines.
25 (2) Meet at least once every six months at a place, day
26 and hour determined by the chairperson. The board also shall
27 meet at other times and places specified by the call of the
28 chairperson or of a majority of the members of the board.
29 (3) Establish criteria for approving the disbursement of
30 moneys from the fund.
20010S1002B1263 - 3 -
1 (4) Ensure that all research that receives grants from
2 the fund shall be conducted within this Commonwealth.
3 (5) Solicit, receive and review applications from public
4 and private agencies, organizations and research institutions
5 for grants from the fund.
6 (6) After the review of a grant application, grant
7 approval of the application and disburse moneys from the fund
8 if the application has met the criterion established by the
9 board and if such money is available.
10 (7) Solicit contributions to the fund from public and
11 private sources.
12 (8) Provide the Governor's Office and the General
13 Assembly not later than January 1 with an annual report
14 containing the disbursement of funds and the research that is
15 being performed.
16 (i) Definitions.--As used in this section, the following
17 words and phrases shall have the meanings given to them in this
18 subsection:
19 "Board." The Spinal Cord Injury Research Board.
20 "Fund." The Spinal Cord Injury Research Fund.
21 Section 2. This act shall take effect in 120 days.
E23L75DMS/20010S1002B1263 - 4 -