History and Status

Link to the Code of Virginia: http://law.lis.virginia.gov/vacode/
= Code of Virginia

CURRENT STATUS OF THE CNI TRUST FUND:

An amendment to Senate Bill 1132 was passed establishing that the Commonwealth Neurotrauma Initiative (CNI) Trust Fund would be administered by the Virginia Department for Aging and Rehabilitative Services ( 51.5-12.2.) "...for the purpose of preventing traumatic spinal cord or brain injuries and improving the treatment and care of Virginians with traumatic spinal cord or brain injuries," also "created in the state treasury a special nonreverting fund to be known as the Commonwealth Neurotrauma Initiative Trust Fund, hereinafter referred to as the "Fund." For the purpose of administering, in coordination with the Commissioner of Virginia Department for Aging and Rehabilitative Services, the Commonwealth Neurotrauma Initiative Trust Fund established the Commonwealth Neurotrauma Initiative Trust Fund Advisory Board, hereinafter referred to as the Advisory Board. Organizational staff support is provided to the Commonwealth Neurotrauma Initiative Trust Fund Advisory Board by the Virginia Department for Aging and Rehabilitative Services ( 51.5-12.3).

The Fund is a revolving fund that is administered by the Commonwealth Neurotrauma Initiative Trust Fund Advisory Board, in cooperation with the Commissioner of Virginia Department for Aging and Rehabilitative Services. The Fund consists of grants, donations and bequests from public and private sources and funds collected as provided in 46.2-411. These moneys are deposited into the state treasury to the credit of the Fund and are used for the purposes mentioned above.

In 1998, the General Assembly passed an amendment establishing a source of revenue for the fund. The source of revenue for the CNI Trust Fund is funds collected through a reinstatement fee that is charged before restoring an operator's license to any person whose driver's license has been revoked or suspended upon conviction for specified dangerous driving offenses (e.g., DUI-related offenses, hit-and-run, reckless driving, failure to comply with conditions imposed upon license probation for driving offenses, etc.). In these cases, the Virginia Department of Motor Vehicles is authorized to collect an additional fee of $30 in order to reinstate an operator's license. Of this fee, $25 goes to the Commonwealth Neurotrauma Initiative Trust Fund and $5 goes to the Department of Motor Vehicles; however, if the driving offense is DUI-related, the $5 goes to the Virginia Alcohol Safety Action Program Commission ( 46.2-411).

The Fund is administered by the Virginia Department for Aging and Rehabilitative Services. Moneys in the Fund are used to support grants for Virginia-based organizations, institutions, and researchers as follows:

  1. Forty-seven and one-half percent is allocated for research on the mechanisms and treatment of neurotrauma.
  2. Forty-seven and one-half percent is allocated for rehabilitative services.
  3. Five percent is allocated for the Virginia Department for Aging and Rehabilitative Services' costs for administering and staffing the Commonwealth Neurotrauma Initiative Trust Fund Advisory Board.

As specified in the Code of Virginia, the Commonwealth Neurotruama Initiative Trust Fund Advisory Board is responsible for administering the CNI Trust Fund. The Advisory Board consists of seven members:

  1. One person licensed to practice medicine in Virginia experienced with brain or spinal cord injury
  2. One person licensed by a health regulatory board within the Virginia Department of Health Professions with experience in brain or spinal cord injury rehabilitative programs or services
  3. One Virginian with traumatic spinal cord injury or a caretaker thereof
  4. One Virginian with traumatic brain injury or a caretaker thereof
  5. One citizen-at-large who shall not be an elected or appointed public official
  6. The Commissioner of Virginia Department for Aging and Rehabilitative Services
  7. The State Health Commissioner

The Commissioner of Virginia Department for Aging and Rehabilitative Services and the Commissioner of Health may appoint designees to serve on the Advisory Board. Board members are appointed by the Governor and serve four-year terms. Nominations for appointments may be submitted, at the discretion of the Governor, from relevant organizations.

The Advisory Board:

  1. Administers the Fund in cooperation with the Commissioner of Virginia Department for Aging and Rehabilitative Services, in accordance with such regulations as established for the Fund by the Commissioner.
  2. Recommends to the Commissioner of Virginia Department for Aging and Rehabilitative Services the policies and procedures for the administration of the Fund, including criteria for reviewing and ranking grant applications, distribution of funds, and areas of research need ( 51.5-12.2);
  3. Reviews and ranks or arranges for reviewers and technical advisers to review and rank grant applications for education, basic science and clinical research, and rehabilitative research and community-based rehabilitative services (the Advisory Board may appoint grant reviewers and other technical advisers to assist it in its duties. Such reviewers and technical advisers are to be appointed in such manner as to provide equal representation from Virginia's three medical schools. Whenever reviewers or technical advisers sit as a committee, the chairman of the Advisory Board or his designee will serve as chairman);
  4. And reports annually on October 1, to the Governor and the General Assembly, aggregate data on the operations and funding of the Commonwealth Neurotrauma Initiative Trust Fund.

Additionally, The Commissioner of Virginia Department for Aging and Rehabilitative Services will promulgate regulations establishing procedures and policies for soliciting and receiving grant applications and criteria for reviewing and ranking such applications, including, but not limited to, goals, timelines, forms, eligibility, and mechanisms to ensure avoidance of any conflicts of interest or appearances thereof. The Commissioner will also receive the recommendations of the Advisory Board prior to promulgating or revising any regulations.

HISTORY OF THE CNI TRUST FUND:

FeatureIn 1997, Senate Bill 1132 (Acts of Assembly Chapter 567, 1997) established the Commonwealth Neurotrauma Initiative (CNI) Trust Fund "for the purpose of ...improving the treatment and care of Virginians with traumatic spinal cord or brain injuries," established the Commonwealth Neurotrauma Initiative Trust Fund Advisory Board "for the purpose of administering...[the Fund]" in cooperation with the Commissioner of Health. (See Sections 32.1-73.2 and 32.1-73.3 of the Code of Virginia, attached.) SB 1132 did not include a funding mechanism for the CNI trust fund, but indicated that funding sources could include foundation and grant money, as well as private donations.

An Act to amend and reenact section 46.2-411 of the Code of Virginia was approved on February 28, 2002. The Fund shall be established on the books of the Comptroller as a revolving fund and shall be administered by the Commissioner of Virginia Department for Aging and Rehabilitative Services.

In 1998, the General Assembly passed an amendment establishing a source of revenue for the Commonwealth Neurotrauma Initiative Trust Fund. The CNI trust fund is a special nonreverting fund in the state treasury consisting of funds collected through a reinstatement fee charged before restoring an operator's license to any person whose driver's license has been revoked or suspended upon conviction for specified dangerous driving offenses (e.g., DUI-related offenses, hit-and-run, reckless driving, failure to comply with conditions imposed upon license probation for driving offenses, etc.). In these cases, the Virginia Department of Motor Vehicles is authorized to collect an additional fee of $30 in order to reinstate an operator's license. Of this fee, $25 will go to the Commonwealth Neurotrauma Initiative Trust Fund and $5 will go to the Department of Motor Vehicles; however, if the driving offense was DUI-related, the $5 will go to the Virginia Alcohol Safety Action Program commission. (See Section 46.2-411 of the Code of Virginia, attached.)

Moneys in the Fund are to be used solely to support grants for Virginia-based organizations, institutions, and researchers for basic science and clinical research on the mechanisms and treatment of neurotrauma, and community-based rehabilitative services for individuals with traumatic spinal cord or brain injuries. Funds will be allocated as follows: fifty percent will be allocated for research on the mechanisms and treatment of neurotrauma, and fifty percent will be allocated for rehabilitative services. The Fund is to be administered by the Virginia Department of Health, in conjunction with the Department for Aging and Rehabilitative Services.

As specified in the Code, the Commonwealth Neurotrauma Initiative Trust Fund Advisory Board is responsible for administering the CNI Trust Fund. The Advisory Board consists of seven members: one person licensed to practice medicine in Virginia experienced with brain or spinal cord injury; one person licensed by a health regulatory board within the Virginia Department of Health Professions with experience in brain or spinal cord injury rehabilitative programs or services; one Virginian with a traumatic spinal cord injury or a caretaker thereof; one Virginian with a traumatic brain injury or a caretaker thereof; one citizen-at-large who shall not be an elected or appointed public official; the State Health Commissioner; and the Commissioner of Virginia Department for Aging and Rehabilitative Services. The Advisory Board will: administer the Fund in cooperation with the Commissioner of Health, in accordance with such regulations established by the Board of Health for the Fund; recommend to the Board of Health policies and procedures for the administration of the Fund, including criteria for reviewing and ranking grant applications, distribution of funds, and areas of research need (see Section 32.1-73.3 of the Code of Virginia, attached); review and rank or arrange for reviewers and technical advisors to review and rank the grant applications in the areas as described above; and report annually to the Governor and General Assembly aggregate data on the funding and operations of the Fund.

On December 14, 2000, the State Board of Health adopted final regulations for administering the CNI Trust Fund. These final regulations were published in the Virginia Register on January 15, 2001, and became effective February 14, 2001. The first grant cycle will be initiated March 1, 2001.

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This File Was Last Modified: Monday July 11 2016