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8 LONG TITLE
9 General Description:
10 This bill amends the Utah Health Code related to the Spinal Cord and Brain Injury
11 Rehabilitation Fund.
12 Highlighted Provisions:
13 This bill:
14 ▸ changes the name of the Traumatic Spinal Cord and Brain Injury Rehabilitation
15 Fund to the Spinal Cord and Brain Injury Rehabilitation Fund;
16 ▸ directs the Motor Vehicle Division to collect an additional fee to register an
17 off-highway vehicle and to deposit the collected fees into the Spinal Cord and Brain
18 Injury Rehabilitation Fund;
19 ▸ directs the Motor Vehicle Division to collect an additional fee to register a
20 motorcycle and to deposit the collected fees into the Spinal Cord and Brain Injury
21 Rehabilitation Fund;
22 ▸ adds additional members to the Spinal Cord and Brain Injury Rehabilitation Fund
23 Advisory Committee; and
24 ▸ makes technical changes.
25 Money Appropriated in this Bill:
26 None
27 Other Special Clauses:
28 This bill provides a special effective date.
29 This bill provides a coordination clause.
30 Utah Code Sections Affected:
31 AMENDS:
32 26-54-101, as enacted by Laws of Utah 2012, Chapter 226
33 26-54-102, as last amended by Laws of Utah 2013, Chapter 400
34 26-54-103, as last amended by Laws of Utah 2014, Chapter 387
35 41-1a-1201, as last amended by Laws of Utah 2012, Chapters 207, 356, 397 and last
36 amended by Coordination Clause, Laws of Utah 2012, Chapter 397
37 41-1a-1206, as last amended by Laws of Utah 2016, Chapter 303
38 41-6a-1406, as last amended by Laws of Utah 2016, Chapters 100 and 148
39 41-22-8, as last amended by Laws of Utah 2012, Chapter 71
40 Utah Code Sections Affected by Coordination Clause:
41 41-1a-1206, as last amended by Laws of Utah 2016, Chapter 303
42
43 Be it enacted by the Legislature of the state of Utah:
44 Section 1. Section 26-54-101 is amended to read:
45
46 26-54-101. Title.
47 This chapter is known as the "[
48 Fund."
49 Section 2. Section 26-54-102 is amended to read:
50 26-54-102. Creation -- Spinal Cord and Brain Injury Rehabilitation Fund.
51 [
52
53 (1) There is created an expendable special revenue fund [
54 known as the Spinal Cord and Brain Injury Rehabilitation Fund.
55 (2) The fund shall consist of:
56 (a) gifts, grants, donations, or any other conveyance of money that may be made to the
57 fund from private sources;
58 (b) a portion of the impound fee as designated in Section 41-6a-1406; [
59 (c) the fees collected by the Motor Vehicle Division under Subsection 41-22-8(3) and
60 Subsection 41-1a-1201(8); and
61 [
62 (3) The fund shall be administered by the executive director of the Department of
63 Health in consultation with the advisory committee created in Section 26-54-103.
64 (4) A "qualified IRC 501(c)(3) charitable clinic" means a professional medical clinic
65 that:
66 (a) provides [
67 in the state:
68 (i) who have a traumatic spinal cord [
69 tends to be nonprogressive or nondeteriorating; and
70 (ii) who require post-acute care;
71 (b) employs licensed therapy clinicians; and
72 (c) has no less than five years experience operating a post-acute-care rehabilitation
73 clinic in the state.
74 (5) Fund money shall be used to assist one or more qualified IRC 501(c)(3) charitable
75 clinics to provide rehabilitation services to individuals who have a traumatic spinal cord or
76 brain injury that tends to be nonprogressive or nondeteriorating, including:
77 (a) physical, occupational, and speech therapy; and
78 (b) equipment necessary for daily living [
79
80 (6) All actual and necessary operating expenses for the advisory committee and staff
81 shall be paid by the fund.
82 Section 3. Section 26-54-103 is amended to read:
83 26-54-103. Spinal Cord and Brain Injury Rehabilitation Fund Advisory
84 Committee -- Creation -- Membership -- Terms -- Duties.
85 (1) There is created a [
86 Advisory Committee.
87 (2) The advisory committee shall be composed of [
88 (a) the executive director of the [
89 director's designee;
90 (b) [
91 a traumatic brain injury, appointed by the governor;
92 (c) [
93 a traumatic spinal cord injury, appointed by the governor;
94 (d) one traumatic brain injury or spinal cord injury professional appointed by the
95 governor who, at the time of appointment and throughout the professional's term on the
96 committee, does not receive a financial benefit from the fund;
97 [
98 House of Representatives; and
99 [
100 (3) (a) The term of advisory committee members shall be four years. If a vacancy
101 occurs in the committee membership for any reason, a replacement shall be appointed for the
102 unexpired term in the same manner as the original appointment.
103 (b) The committee shall elect a chairperson from the membership.
104 (c) A majority of the committee constitutes a quorum at any meeting, and, if a quorum
105 is present at an open meeting, the action of the majority of members shall be the action of the
106 advisory committee.
107 (d) The terms of the advisory committee shall be staggered so that members appointed
108 under Subsections (2)(b) and (d) shall serve an initial two-year term and members appointed
109 under Subsections (2)(c) and (e) shall serve four-year terms. Thereafter, members appointed to
110 the advisory committee shall serve four-year terms.
111 (4) The advisory committee shall comply with the procedures and requirements of:
112 (a) Title 52, Chapter 4, Open and Public Meetings Act;
113 (b) Title 63G, Chapter 2, Government Records Access and Management Act; and
114 (c) Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
115 (5) (a) A member who is not a legislator may not receive compensation or benefits for
116 the member's service, but, at the executive director's discretion, may receive per diem and
117 travel expenses as allowed in:
118 (i) Section 63A-3-106;
119 (ii) Section 63A-3-107; and
120 (iii) rules adopted by the Division of Finance according to Sections 63A-3-106 and
121 63A-3-107.
122 (b) Compensation and expenses of a member who is a legislator are governed by
123 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
124 (6) The advisory committee shall:
125 (a) adopt rules and procedures in accordance with Title 63G, Chapter 3, Utah
126 Administrative Rulemaking Act, that establish priorities and criteria for the advisory committee
127 to follow in recommending distribution of money from the fund to assist qualified IRC
128 501(c)(3) charitable clinics;
129 (b) identify, evaluate, and review the quality of care available to people with
130 [
131 (c) explore, evaluate, and review other possible funding sources and make a
132 recommendation to the Legislature regarding sources that would provide adequate funding for
133 the advisory committee to accomplish its responsibilities under this section; and
134 (d) submit an annual report, not later than November 30 of each year, summarizing the
135 activities of the advisory committee and making recommendations regarding the ongoing needs
136 of people with spinal cord or brain injuries to:
137 (i) the governor;
138 (ii) the Health and Human Services Interim Committee; and
139 (iii) the Health and Human Services Appropriations Subcommittee.
140 Section 4. Section 41-1a-1201 is amended to read:
141 41-1a-1201. Disposition of fees.
142 (1) All fees received and collected under this part shall be transmitted daily to the state
143 treasurer.
144 (2) Except as provided in Subsections (3), (6), (7), and [
145 41-1a-422, 41-1a-1220, 41-1a-1221, and 41-1a-1223 all fees collected under this part shall be
146 deposited in the Transportation Fund.
147 (3) Funds generated under Subsections 41-1a-1211(1)(b)(ii), (6)(b)(ii), and (7) and
148 Section 41-1a-1212 may be used by the commission to cover the costs incurred in issuing
149 license plates under Part 4, License Plates and Registration Indicia.
150 (4) In accordance with Section 63J-1-602.2, all funds available to the commission for
151 the purchase and distribution of license plates and decals are nonlapsing.
152 (5) (a) Except as provided in Subsections (3) and (5)(b) and Section 41-1a-1205, the
153 expenses of the commission in enforcing and administering this part shall be provided for by
154 legislative appropriation from the revenues of the Transportation Fund.
155 (b) Three dollars of the registration fees imposed under Subsections 41-1a-1206(2)(a)
156 and (b) for each vehicle registered for a six-month registration period under Section
157 41-1a-215.5 may be used by the commission to cover the costs incurred in enforcing and
158 administering this part.
159 (6) (a) The following portions of the registration fees imposed under Section
160 41-1a-1206 for each vehicle shall be deposited in the Transportation Investment Fund of 2005
161 created under Section 72-2-124:
162 (i) $30 of the registration fees imposed under Subsections 41-1a-1206(1)(a), (1)(b),
163 (1)(f), (3), and (6);
164 (ii) $21 of the registration fees imposed under Subsections 41-1a-1206(1)(c)(i) and
165 (1)(c)(ii);
166 (iii) $2.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(ii);
167 (iv) $23 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(i);
168 (v) $24.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(i); and
169 (vi) $1 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(ii).
170 (b) The following portions of the registration fees collected for each vehicle registered
171 for a six-month registration period under Section 41-1a-215.5 shall be deposited in the
172 Transportation Investment Fund of 2005 created by Section 72-2-124:
173 (i) $23.25 of each registration fee collected under Subsection 41-1a-1206(2)(a); and
174 (ii) $23 of each registration fee collected under Subsection 41-1a-1206(2)(b).
175 (7) (a) Ninety-four cents of each registration fee imposed under Subsections
176 41-1a-1206(1)(a) and (b) for each vehicle shall be deposited in the Public Safety Restricted
177 Account created in Section 53-3-106.
178 (b) Seventy-one cents of each registration fee imposed under Subsections
179 41-1a-1206(2)(a) and (b) for each vehicle registered for a six-month registration period under
180 Section 41-1a-215.5 shall be deposited in the Public Safety Restricted Account created in
181 Section 53-3-106.
182 (8) Fifty cents of each registration fee imposed under Subsection 41-1a-1206(1)(a) for
183 each motorcycle shall be deposited in the Spinal Cord and Brain Injury Rehabilitation Fund
184 created in Section 26-54-102.
185 Section 5. Section 41-1a-1206 is amended to read:
186 41-1a-1206. Registration fees -- Fees by gross laden weight.
187 (1) Except as provided in Subsections (2) and (3), at the time application is made for
188 registration or renewal of registration of a vehicle or combination of vehicles under this
189 chapter, a registration fee shall be paid to the division as follows:
190 (a) [
191 (b) $43 for each motor vehicle of 12,000 pounds or less gross laden weight, excluding
192 motorcycles;
193 (c) unless the semitrailer or trailer is exempt from registration under Section 41-1a-202
194 or is registered under Section 41-1a-301:
195 (i) $31 for each trailer or semitrailer over 750 pounds gross unladen weight; or
196 (ii) $28.50 for each commercial trailer or commercial semitrailer of 750 pounds or less
197 gross unladen weight;
198 (d) (i) $53 for each farm truck over 12,000 pounds, but not exceeding 14,000 pounds
199 gross laden weight; plus
200 (ii) $9 for each 2,000 pounds over 14,000 pounds gross laden weight;
201 (e) (i) $69.50 for each motor vehicle or combination of motor vehicles, excluding farm
202 trucks, over 12,000 pounds, but not exceeding 14,000 pounds gross laden weight; plus
203 (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight;
204 (f) (i) $69.50 for each park model recreational vehicle over 12,000 pounds, but not
205 exceeding 14,000 pounds gross laden weight; plus
206 (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight; and
207 (g) $45 for each vintage vehicle that is less than 40 years old.
208 (2) At the time application is made for registration or renewal of registration of a
209 vehicle under this chapter for a six-month registration period under Section 41-1a-215.5, a
210 registration fee shall be paid to the division as follows:
211 (a) $33.50 for each motorcycle; and
212 (b) $32.50 for each motor vehicle of 12,000 pounds or less gross laden weight,
213 excluding motorcycles.
214 (3) (a) The initial registration fee for a vintage vehicle that is 40 years old or older is
215 $40.
216 (b) A vintage vehicle that is 40 years old or older is exempt from the renewal of
217 registration fees under Subsection (1).
218 (c) A vehicle with a Purple Heart special group license plate issued in accordance with
219 Section 41-1a-421 is exempt from the registration fees under Subsection (1).
220 (d) A camper is exempt from the registration fees under Subsection (1).
221 (4) If a motor vehicle is operated in combination with a semitrailer or trailer, each
222 motor vehicle shall register for the total gross laden weight of all units of the combination if the
223 total gross laden weight of the combination exceeds 12,000 pounds.
224 (5) (a) Registration fee categories under this section are based on the gross laden
225 weight declared in the licensee's application for registration.
226 (b) Gross laden weight shall be computed in units of 2,000 pounds. A fractional part
227 of 2,000 pounds is a full unit.
228 (6) The owner of a commercial trailer or commercial semitrailer may, as an alternative
229 to registering under Subsection (1)(c), apply for and obtain a special registration and license
230 plate for a fee of $130.
231 (7) Except as provided in Section 41-6a-1642, a truck may not be registered as a farm
232 truck unless:
233 (a) the truck meets the definition of a farm truck under Section 41-1a-102; and
234 (b) (i) the truck has a gross vehicle weight rating of more than 12,000 pounds; or
235 (ii) the truck has a gross vehicle weight rating of 12,000 pounds or less and the owner
236 submits to the division a certificate of emissions inspection or a waiver in compliance with
237 Section 41-6a-1642.
238 (8) A violation of Subsection (7) is an infraction that shall be punished by a fine of not
239 less than $200.
240 (9) Trucks used exclusively to pump cement, bore wells, or perform crane services
241 with a crane lift capacity of five or more tons, are exempt from 50% of the amount of the fees
242 required for those vehicles under this section.
243 Section 6. Section 41-6a-1406 is amended to read:
244 41-6a-1406. Removal and impoundment of vehicles -- Reporting and notification
245 requirements -- Administrative impound fee -- Refunds -- Possessory lien -- Rulemaking.
246 (1) If a vehicle, vessel, or outboard motor is removed or impounded as provided under
247 Section 41-1a-1101, 41-6a-527, 41-6a-1405, 41-6a-1408, or 73-18-20.1 by an order of a peace
248 officer or by an order of a person acting on behalf of a law enforcement agency or highway
249 authority, the removal or impoundment of the vehicle, vessel, or outboard motor shall be at the
250 expense of the owner.
251 (2) The vehicle, vessel, or outboard motor under Subsection (1) shall be removed or
252 impounded to:
253 (a) a state impound yard; or
254 (b) if none, a garage, docking area, or other place of safety.
255 (3) The peace officer may move a vehicle, vessel, or outboard motor or cause it to be
256 removed by a tow truck motor carrier that meets standards established:
257 (a) under Title 72, Chapter 9, Motor Carrier Safety Act; and
258 (b) by the department under Subsection (10).
259 (4) (a) Immediately after the removal of the vehicle, vessel, or outboard motor, a report
260 of the removal shall be sent to the Motor Vehicle Division by:
261 (i) the peace officer or agency by whom the peace officer is employed; and
262 (ii) the tow truck operator or the tow truck motor carrier by whom the tow truck
263 operator is employed.
264 (b) The report shall be in a form specified by the Motor Vehicle Division and shall
265 include:
266 (i) the operator's name, if known;
267 (ii) a description of the vehicle, vessel, or outboard motor;
268 (iii) the vehicle identification number or vessel or outboard motor identification
269 number;
270 (iv) the license number, temporary permit number, or other identification number
271 issued by a state agency;
272 (v) the date, time, and place of impoundment;
273 (vi) the reason for removal or impoundment;
274 (vii) the name of the tow truck motor carrier who removed the vehicle, vessel, or
275 outboard motor; and
276 (viii) the place where the vehicle, vessel, or outboard motor is stored.
277 (c) Until the tow truck operator or tow truck motor carrier reports the removal as
278 required under this Subsection (4), a tow truck motor carrier or impound yard may not:
279 (i) collect any fee associated with the removal; and
280 (ii) begin charging storage fees.
281 (5) (a) Except as provided in Subsection (5)(e) and upon receipt of the report, the
282 Motor Vehicle Division shall give notice, in the manner described in Section 41-1a-114, to the
283 following parties with an interest in the vehicle, vessel, or outboard motor, as applicable:
284 (i) the registered owner;
285 (ii) any lien holder; or
286 (iii) a dealer, as defined in Section 41-1a-102, if the vehicle, vessel, or outboard motor
287 is currently operating under a temporary permit issued by the dealer, as described in Section
288 41-3-302.
289 (b) The notice shall:
290 (i) state the date, time, and place of removal, the name, if applicable, of the person
291 operating the vehicle, vessel, or outboard motor at the time of removal, the reason for removal,
292 and the place where the vehicle, vessel, or outboard motor is stored;
293 (ii) state that the registered owner is responsible for payment of towing, impound, and
294 storage fees charged against the vehicle, vessel, or outboard motor;
295 (iii) state the conditions that must be satisfied before the vehicle, vessel, or outboard
296 motor is released; and
297 (iv) inform the parties described in Subsection (5)(a) of the division's intent to sell the
298 vehicle, vessel, or outboard motor, if, within 30 days after the day of the removal or
299 impoundment under this section, one of the parties fails to make a claim for release of the
300 vehicle, vessel, or outboard motor.
301 (c) Except as provided in Subsection (5)(e) and if the vehicle, vessel, or outboard
302 motor is not registered in this state, the Motor Vehicle Division shall make a reasonable effort
303 to notify the parties described in Subsection (5)(a) of the removal and the place where the
304 vehicle, vessel, or outboard motor is stored.
305 (d) The Motor Vehicle Division shall forward a copy of the notice to the place where
306 the vehicle, vessel, or outboard motor is stored.
307 (e) The Motor Vehicle Division is not required to give notice under this Subsection (5)
308 if a report was received by a tow truck operator or tow truck motor carrier reporting a tow truck
309 service in accordance with Subsection 72-9-603(1)(a)(i).
310 (6) (a) The vehicle, vessel, or outboard motor shall be released after a party described
311 in Subsection (5)(a):
312 (i) makes a claim for release of the vehicle, vessel, or outboard motor at any office of
313 the State Tax Commission;
314 (ii) presents identification sufficient to prove ownership of the impounded vehicle,
315 vessel, or outboard motor;
316 (iii) completes the registration, if needed, and pays the appropriate fees;
317 (iv) if the impoundment was made under Section 41-6a-527, pays an administrative
318 impound fee of $400; and
319 (v) pays all towing and storage fees to the place where the vehicle, vessel, or outboard
320 motor is stored.
321 (b) (i) Twenty-nine dollars of the administrative impound fee assessed under
322 Subsection (6)(a)(iv) shall be dedicated credits to the Motor Vehicle Division;
323 (ii) $147 of the administrative impound fee assessed under Subsection (6)(a)(iv) shall
324 be deposited in the Department of Public Safety Restricted Account created in Section
325 53-3-106;
326 (iii) $20 of the administrative impound fee assessed under Subsection (6)(a)(iv) shall
327 be deposited in the [
328 (iv) the remainder of the administrative impound fee assessed under Subsection
329 (6)(a)(iv) shall be deposited in the General Fund.
330 (c) The administrative impound fee assessed under Subsection (6)(a)(iv) shall be
331 waived or refunded by the State Tax Commission if the registered owner, lien holder, or
332 owner's agent presents written evidence to the State Tax Commission that:
333 (i) the Driver License Division determined that the arrested person's driver license
334 should not be suspended or revoked under Section 53-3-223 or 41-6a-521 as shown by a letter
335 or other report from the Driver License Division presented within 30 days of the final
336 notification from the Driver License Division; or
337 (ii) the vehicle was stolen at the time of the impoundment as shown by a copy of the
338 stolen vehicle report presented within 30 days of the impoundment.
339 (d) A tow truck operator, a tow truck motor carrier, and an impound yard shall accept
340 payment by cash and debit or credit card for a removal or impoundment under Subsection (1)
341 or any service rendered, performed, or supplied in connection with a removal or impoundment
342 under Subsection (1).
343 (e) The owner of an impounded vehicle may not be charged a fee for the storage of the
344 impounded vehicle, vessel, or outboard motor if:
345 (i) the vehicle, vessel, or outboard motor is being held as evidence; and
346 (ii) the vehicle, vessel, or outboard motor is not being released to a party described in
347 Subsection 5(a), even if the party satisfies the requirements to release the vehicle, vessel, or
348 outboard motor under this Subsection (6).
349 (7) (a) An impounded vehicle, vessel, or outboard motor not claimed by a party
350 described in Subsection (5)(a) within the time prescribed by Section 41-1a-1103 shall be sold
351 in accordance with that section and the proceeds, if any, shall be disposed of as provided under
352 Section 41-1a-1104.
353 (b) The date of impoundment is considered the date of seizure for computing the time
354 period provided under Section 41-1a-1103.
355 (8) A party described in Subsection (5)(a) that pays all fees and charges incurred in the
356 impoundment of the owner's vehicle, vessel, or outboard motor has a cause of action for all the
357 fees and charges, together with damages, court costs, and attorney fees, against the operator of
358 the vehicle, vessel, or outboard motor whose actions caused the removal or impoundment.
359 (9) Towing, impound fees, and storage fees are a possessory lien on the vehicle, vessel,
360 or outboard motor.
361 (10) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
362 the department shall make rules setting the performance standards for towing companies to be
363 used by the department.
364 (11) (a) The Motor Vehicle Division may specify that a report required under
365 Subsection (4) be submitted in electronic form utilizing a database for submission, storage, and
366 retrieval of the information.
367 (b) (i) Unless otherwise provided by statute, the Motor Vehicle Division or the
368 administrator of the database may adopt a schedule of fees assessed for utilizing the database.
369 (ii) The fees under this Subsection (11)(b) shall:
370 (A) be reasonable and fair; and
371 (B) reflect the cost of administering the database.
372 Section 7. Section 41-22-8 is amended to read:
373 41-22-8. Registration fees.
374 (1) The board shall establish the fees which shall be paid in accordance with this
375 chapter, subject to the following:
376 (a) (i) Except as provided in Subsection (1)(a)(ii), the fee for each off-highway vehicle
377 registration may not exceed $18.
378 (ii) The fee for each snowmobile registration may not exceed $26.
379 (b) The fee for each duplicate registration card may not exceed $3.
380 (c) The fee for each duplicate registration sticker may not exceed $5.
381 (2) A fee may not be charged for an off-highway vehicle that is owned and operated by
382 the United States Government, this state, or its political subdivisions.
383 (3) (a) In addition to the fees under this section, Section 41-22-33, and Section
384 41-22-34, the Motor Vehicle Division shall require a person to pay 50 cents to register an
385 off-highway vehicle under Section 41-22-3.
386 (b) The Motor Vehicle Division shall deposit the fees the Motor Vehicle Division
387 collects under Subsection (3)(a) into the Spinal Cord and Brain Injury Rehabilitation Fund
388 described in Section 26-54-102.
389 Section 8. Effective date.
390 This bill takes effect on January 1, 2018.
391 Section 9. Coordinating H.B. 359 with H.B. 265 -- Substantive amendment.
392 If this H.B. 359 and H.B. 265, Safety Inspection Amendments, both pass and become
393 law, it is the intent of the Legislature that the Office of Legislative Research and General
394 Counsel, in preparing the Utah Code database for publication, modify Subsection
395 41-1a-1206(1)(a) to read:
396 "(a) [