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H.B. 400
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8 LONG TITLE
9 General Description:
10 This bill creates the Traumatic Spinal Cord and Brain Injury Rehabilitation Trust Fund
11 and an advisory committee to administer the fund.
12 Highlighted Provisions:
13 This bill:
14 . creates and authorizes the Traumatic Spinal Cord and Brain Injury Rehabilitation
15 Fund Advisory Committee to disburse funds received through appropriations from
16 the Legislature to assist charitable clinics providing rehabilitation services for the
17 post-acute-care of people with traumatic spinal cord and brain injuries.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 26-54-101, Utah Code Annotated 1953
25 26-54-102, Utah Code Annotated 1953
26 26-54-103, Utah Code Annotated 1953
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28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 26-54-101 is enacted to read:
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32 26-54-101. Title.
33 This chapter is known as the "Traumatic Spinal Cord and Brain Injury Rehabilitation
34 Trust Fund."
35 Section 2. Section 26-54-102 is enacted to read:
36 26-54-102. Creation -- Traumatic Spinal Cord and Brain Injury Rehabilitation
37 Trust Fund.
38 (1) There is created a restricted special revenue fund entitled the Traumatic Spinal
39 Cord and Brain Injury Rehabilitation Trust Fund.
40 (2) The fund shall consist of:
41 (a) gifts, grants, donations, or any other conveyance of money that may be made to the
42 fund from private sources;
43 (b) amounts as appropriated by the Legislature; and
44 (c) a surcharge imposed on all motor vehicle violations of Title 41, Chapter 6a, Part 5,
45 Driving Under the Influence and Reckless Driving, Part 18, Motor Vehicles Safety Belt Usage
46 Act, and Part 6, Speed Restrictions.
47 (3) The fund shall be administered by the executive director of the Department of
48 Health in consultation with the advisory committee created in Section 26-54-103 .
49 (4) A "qualified IRC 501(c)(3) charitable clinic" means a professional medical clinic
50 that:
51 (a) provides services for people in this state with traumatic spinal cord and brain
52 injuries who require post-acute-care;
53 (b) employs licensed therapy clinicians; and
54 (c) has no less than five years experience operating a post-acute-care rehabilitation
55 clinic in the state.
56 (5) Fund money shall be used to assist qualified IRC 501(c)(3) charitable clinics to
57 provide:
58 (a) physical, occupational, and speech therapy;
59 (b) equipment and supplies necessary for daily living activities for people with spinal
60 cord and brain injuries; and
61 (c) prevention, research, and public education regarding spinal cord and brain injuries.
62 (6) All actual and necessary operating expenses for the advisory committee and staff
63 shall be paid by the fund.
64 Section 3. Section 26-54-103 is enacted to read:
65 26-54-103. Traumatic Spinal Cord and Brain Injury Rehabilitation Advisory
66 Committee -- Creation -- Membership -- Terms -- Duties.
67 (1) There is created a Traumatic Spinal Cord and Brain Injury Rehabilitation Fund
68 Advisory Committee.
69 (2) The advisory committee shall be composed of five members as follows:
70 (a) the executive director of the Utah Department of Health, or the executive director's
71 designee;
72 (b) a survivor, or a family member of a survivor of a traumatic brain injury, appointed
73 by the governor;
74 (c) a survivor, or a family member of a survivor of a traumatic spinal cord injury,
75 appointed by the governor;
76 (d) a member of the House of Representatives appointed by the speaker of the House of
77 Representatives; and
78 (e) a member of the Senate appointed by the president of the Senate.
79 (4) (a) The term of advisory committee members shall be four years. If a vacancy
80 occurs in the committee membership for any reason, a replacement shall be appointed for the
81 unexpired term in the same manner as the original appointment.
82 (b) The committee shall elect a chairperson from the membership.
83 (c) A majority of the committee constitutes a quorum at any meeting, and, if a quorum
84 is present at an open meeting, the action of the majority of members shall be the action of the
85 advisory committee.
86 (d) The terms of the advisory committee shall be staggered so that members appointed
87 under Subsections (2)(b) and (d) shall serve an initial two-year term and members appointed
88 under Subsections (2)(c) and (e) shall serve four-year terms. Thereafter, members appointed to
89 the advisory committee shall serve four-year terms.
90 (5) The advisory committee shall comply with the procedures and requirements of:
91 (a) Title 52, Chapter 4, Open and Public Meetings Act;
92 (b) Title 63G, Chapter 2, Government Records Access and Management Act; and
93 (c) Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
94 (6) A member may not receive compensation or benefits for the member's service, but,
95 at the executive director's discretion, may receive per diem and travel expenses in accordance
96 with:
97 (a) Section 63A-3-106 ;
98 (b) Section 63A-3-107 ; and
99 (c) rules adopted by the Division of Finance pursuant to Sections 63A-3-106 and
100 63A-3-107 .
101 (7) The advisory committee shall:
102 (a) adopt rules and procedures in accordance with Title 63G, Chapter 3, Utah
103 Administrative Rulemaking Act, that establish priorities and criteria for the advisory committee
104 to follow in recommending distribution of money from the fund to assist qualified IRC
105 501(c)(3) charitable clinics;
106 (b) investigate, identify, evaluate, and review the quality of care available to people
107 with traumatic spinal cord and brain injuries;
108 (c) review the bail schedule for offenses and make a recommendation to the Legislature
109 and the Judicial Council concerning an appropriate surcharge that would provide adequate
110 funding for the advisory committee to accomplish its responsibilities under this section; and
111 (d) submit an annual report, not later than November 30 of each year, summarizing the
112 activities of the advisory committee and making recommendations regarding the ongoing needs
113 of people with spinal cord or brain injuries to:
114 (i) the governor;
115 (ii) the Health and Human Services Interim Committee; and
116 (iii) the Health and Human Services Appropriations Subcommittee.
Legislative Review Note
as of 2-17-12 10:29 AM