1     
SPINAL CORD AND BRAIN INJURY REHABILITATION

2     
FUND AMENDMENTS

3     
2016 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Eric K. Hutchings

6     
Senate Sponsor: ____________

7     

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 Division of Motor Vehicles to collect an additional 50 cent fee to register
17     an off-highway vehicle and deposit the collected fees into the Spinal Cord and Brain
18     Injury Rehabilitation Fund;
19          ▸     adds additional members to the Spinal Cord and Brain Injury Rehabilitation Fund
20     Advisory Committee; and
21          ▸     makes technical changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          This bill provides a special effective date.
26     Utah Code Sections Affected:
27     AMENDS:

28          26-54-101, as enacted by Laws of Utah 2012, Chapter 226
29          26-54-102, as last amended by Laws of Utah 2013, Chapter 400
30          26-54-103, as last amended by Laws of Utah 2014, Chapter 387
31          41-6a-1406, as last amended by Laws of Utah 2014, Chapter 249
32     ENACTS:
33          41-22-8.1, Utah Code Annotated 1953
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 26-54-101 is amended to read:
37     
CHAPTER 54. SPINAL CORD AND BRAIN INJURY REHABILITATION FUND

38          26-54-101. Title.
39          This chapter is known as the "[Traumatic] Spinal Cord and Brain Injury Rehabilitation
40     Fund."
41          Section 2. Section 26-54-102 is amended to read:
42          26-54-102. Creation -- Spinal Cord and Brain Injury Rehabilitation Fund.
43          [(1) Because the state finds that persons with traumatic spinal cord and brain injuries
44     require intensive, focused, and specific rehabilitation there]
45          (1) There is created an expendable special revenue fund [entitled the Traumatic]
46     known as the Spinal Cord and Brain Injury Rehabilitation Fund.
47          (2) The fund shall consist of:
48          (a) gifts, grants, donations, or any other conveyance of money that may be made to the
49     fund from private sources;
50          (b) a portion of the impound fee as designated in Section 41-6a-1406; [and]
51          (c) the fees collected by the division under Section 41-22-8.1; and
52          [(c)] (d) amounts as appropriated by the Legislature.
53          (3) The fund shall be administered by the executive director of the Department of
54     Health in consultation with the advisory committee created in Section 26-54-103.
55          (4) A "qualified IRC 501(c)(3) charitable clinic" means a professional medical clinic
56     that:
57          (a) provides [services for people in this state with] rehabilitation services to an
58     individual in Utah:

59          (i) with a traumatic spinal cord [and] or brain [injuries who require] injury that tends to
60     be nonprogressive or nondeteriorating; and
61          (ii) who requires post-acute-care;
62          (b) employs licensed therapy clinicians; and
63          (c) has no less than five years experience operating a post-acute-care rehabilitation
64     clinic in the state.
65          (5) Fund money shall be used to assist a qualified IRC 501(c)(3) charitable [clinics]
66     clinic to provide rehabilitation services to an individual with a traumatic spinal cord or brain
67     injury that tends to be nonprogressive or nondeteriorating, including :
68          (a) physical, occupational, and speech therapy; and
69          (b) equipment necessary for daily living [activities for people with spinal cord and
70     brain injuries].
71          (6) All actual and necessary operating expenses for the advisory committee and staff
72     shall be paid by the fund.
73          Section 3. Section 26-54-103 is amended to read:
74          26-54-103. Spinal Cord and Brain Injury Rehabilitation Fund Advisory
75     Committee -- Creation -- Membership -- Terms -- Duties.
76          (1) There is created a [Traumatic] Spinal Cord and Brain Injury Rehabilitation Fund
77     Advisory Committee.
78          (2) The advisory committee shall be composed of [five] seven members as follows:
79          (a) the executive director of the [Utah] Department of Health, or the executive
80     director's designee;
81          (b) [a survivor, or a family member] two survivors, or family members of a survivor of
82     a traumatic brain injury, appointed by the governor;
83          (c) [a survivor, or a family member] two survivors, or family members of a survivor of
84     a traumatic spinal cord injury, appointed by the governor;
85          (d) a member of the House of Representatives appointed by the speaker of the House of
86     Representatives; and
87          (e) a member of the Senate appointed by the president of the Senate.
88          (3) (a) The term of advisory committee members shall be four years. If a vacancy
89     occurs in the committee membership for any reason, a replacement shall be appointed for the

90     unexpired term in the same manner as the original appointment.
91          (b) The committee shall elect a chairperson from the membership.
92          (c) A majority of the committee constitutes a quorum at any meeting, and, if a quorum
93     is present at an open meeting, the action of the majority of members [shall be] is the action of
94     the advisory committee.
95          (d) The terms of the advisory committee shall be staggered so that members appointed
96     under Subsections (2)(b) and (d) shall serve an initial two-year term and members appointed
97     under Subsections (2)(c) and (e) shall serve four-year terms. Thereafter, members appointed to
98     the advisory committee shall serve four-year terms.
99          (4) The advisory committee shall comply with the procedures and requirements of:
100          (a) Title 52, Chapter 4, Open and Public Meetings Act;
101          (b) Title 63G, Chapter 2, Government Records Access and Management Act; and
102          (c) Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
103          (5) (a) A member who is not a legislator may not receive compensation or benefits for
104     the member's service, but, at the executive director's discretion, may receive per diem and
105     travel expenses as allowed in:
106          (i) Section 63A-3-106;
107          (ii) Section 63A-3-107; and
108          (iii) rules adopted by the Division of Finance according to Sections 63A-3-106 and
109     63A-3-107.
110          (b) Compensation and expenses of a member who is a legislator are governed by
111     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
112          (6) The advisory committee shall:
113          (a) adopt rules and procedures in accordance with Title 63G, Chapter 3, Utah
114     Administrative Rulemaking Act, that establish priorities and criteria for the advisory committee
115     to follow in recommending distribution of money from the fund to assist qualified IRC
116     501(c)(3) charitable clinics;
117          (b) identify, evaluate, and review the quality of care available to people with
118     [traumatic] spinal cord and brain injuries through qualified IRC 501(c)(3) charitable clinics;
119          (c) explore, evaluate, and review other possible funding sources and make a
120     recommendation to the Legislature regarding sources that would provide adequate funding for

121     the advisory committee to accomplish its responsibilities under this section; and
122          (d) submit an annual report, not later than November 30 of each year, summarizing the
123     activities of the advisory committee and making recommendations regarding the ongoing needs
124     of people with spinal cord or brain injuries to:
125          (i) the governor;
126          (ii) the Health and Human Services Interim Committee; and
127          (iii) the Health and Human Services Appropriations Subcommittee.
128          Section 4. Section 41-6a-1406 is amended to read:
129          41-6a-1406. Removal and impoundment of vehicles -- Reporting and notification
130     requirements -- Administrative impound fee -- Refunds -- Possessory lien -- Rulemaking.
131          (1) If a vehicle, vessel, or outboard motor is removed or impounded as provided under
132     Section 41-1a-1101, 41-6a-527, 41-6a-1405, 41-6a-1408, or 73-18-20.1 by an order of a peace
133     officer or by an order of a person acting on behalf of a law enforcement agency or highway
134     authority, the removal or impoundment of the vehicle, vessel, or outboard motor shall be at the
135     expense of the owner.
136          (2) The vehicle, vessel, or outboard motor under Subsection (1) shall be removed or
137     impounded to:
138          (a) a state impound yard; or
139          (b) if none, a garage, docking area, or other place of safety.
140          (3) The peace officer may move a vehicle, vessel, or outboard motor or cause it to be
141     removed by a tow truck motor carrier that meets standards established:
142          (a) under Title 72, Chapter 9, Motor Carrier Safety Act; and
143          (b) by the department under Subsection (10).
144          (4) (a) Immediately after the removal of the vehicle, vessel, or outboard motor, a report
145     of the removal shall be sent to the Motor Vehicle Division by:
146          (i) the peace officer or agency by whom the peace officer is employed; and
147          (ii) the tow truck operator or the tow truck motor carrier by whom the tow truck
148     operator is employed.
149          (b) The report shall be in a form specified by the Motor Vehicle Division and shall
150     include:
151          (i) the operator's name, if known;

152          (ii) a description of the vehicle, vessel, or outboard motor;
153          (iii) the vehicle identification number or vessel or outboard motor identification
154     number;
155          (iv) the license number or other identification number issued by a state agency;
156          (v) the date, time, and place of impoundment;
157          (vi) the reason for removal or impoundment;
158          (vii) the name of the tow truck motor carrier who removed the vehicle, vessel, or
159     outboard motor; and
160          (viii) the place where the vehicle, vessel, or outboard motor is stored.
161          (c) Until the tow truck operator or tow truck motor carrier reports the removal as
162     required under this Subsection (4), a tow truck motor carrier or impound yard may not:
163          (i) collect any fee associated with the removal; and
164          (ii) begin charging storage fees.
165          (5) (a) Except as provided in Subsection (5)(e) and upon receipt of the report, the
166     Motor Vehicle Division shall give notice to the registered owner of the vehicle, vessel, or
167     outboard motor and any lien holder in the manner prescribed by Section 41-1a-114.
168          (b) The notice shall:
169          (i) state the date, time, and place of removal, the name, if applicable, of the person
170     operating the vehicle, vessel, or outboard motor at the time of removal, the reason for removal,
171     and the place where the vehicle, vessel, or outboard motor is stored;
172          (ii) state that the registered owner is responsible for payment of towing, impound, and
173     storage fees charged against the vehicle, vessel, or outboard motor;
174          (iii) inform the registered owner of the vehicle, vessel, or outboard motor of the
175     conditions that must be satisfied before the vehicle, vessel, or outboard motor is released; and
176          (iv) inform the registered owner and lienholder of the division's intent to sell the
177     vehicle, vessel, or outboard motor, if within 30 days from the date of the removal or
178     impoundment under this section, the owner, lien holder, or the owner's agent fails to make a
179     claim for release of the vehicle, vessel, or outboard motor.
180          (c) Except as provided in Subsection (5)(e) and if the vehicle, vessel, or outboard
181     motor is not registered in this state, the Motor Vehicle Division shall make a reasonable effort
182     to notify the registered owner and any lien holder of the removal and the place where the

183     vehicle, vessel, or outboard motor is stored.
184          (d) The Motor Vehicle Division shall forward a copy of the notice to the place where
185     the vehicle, vessel, or outboard motor is stored.
186          (e) The Motor Vehicle Division is not required to give notice under this Subsection (5)
187     if a report was received by a tow truck operator or tow truck motor carrier reporting a tow truck
188     service in accordance with Subsection 72-9-603(1)(a)(i).
189          (6) (a) The vehicle, vessel, or outboard motor shall be released after the registered
190     owner, lien holder, or the owner's agent:
191          (i) makes a claim for release of the vehicle, vessel, or outboard motor at any office of
192     the State Tax Commission;
193          (ii) presents identification sufficient to prove ownership of the impounded vehicle,
194     vessel, or outboard motor;
195          (iii) completes the registration, if needed, and pays the appropriate fees;
196          (iv) if the impoundment was made under Section 41-6a-527, pays an administrative
197     impound fee of $350; and
198          (v) pays all towing and storage fees to the place where the vehicle, vessel, or outboard
199     motor is stored.
200          (b) (i) Twenty-nine dollars of the administrative impound fee assessed under
201     Subsection (6)(a)(iv) shall be dedicated credits to the Motor Vehicle Division;
202          (ii) $97 of the administrative impound fee assessed under Subsection (6)(a)(iv) shall be
203     deposited in the Department of Public Safety Restricted Account created in Section 53-3-106;
204          (iii) $20 of the administrative impound fee assessed under Subsection (6)(a)(iv) shall
205     be deposited in the [Traumatic] Spinal Cord and Brain Injury Rehabilitation Fund; and
206          (iv) the remainder of the administrative impound fee assessed under Subsection
207     (6)(a)(iv) shall be deposited in the General Fund.
208          (c) The administrative impound fee assessed under Subsection (6)(a)(iv) shall be
209     waived or refunded by the State Tax Commission if the registered owner, lien holder, or
210     owner's agent presents written evidence to the State Tax Commission that:
211          (i) the Driver License Division determined that the arrested person's driver license
212     should not be suspended or revoked under Section 53-3-223 or 41-6a-521 as shown by a letter
213     or other report from the Driver License Division presented within 30 days of the final

214     notification from the Driver License Division; or
215          (ii) the vehicle was stolen at the time of the impoundment as shown by a copy of the
216     stolen vehicle report presented within 30 days of the impoundment.
217          (d) A tow truck operator, a tow truck motor carrier, and an impound yard shall accept
218     payment by cash and debit or credit card for a removal or impoundment under Subsection (1)
219     or any service rendered, performed, or supplied in connection with a removal or impoundment
220     under Subsection (1).
221          (e) The owner of an impounded vehicle may not be charged a fee for the storage of the
222     impounded vehicle, vessel, or outboard motor if:
223          (i) the vehicle, vessel, or outboard motor is being held as evidence; and
224          (ii) the vehicle, vessel, or outboard motor is not being released to the registered owner,
225     lien holder, or the owner's agent even if the registered owner, lien holder, or the owner's agent
226     satisfies the requirements to release the vehicle, vessel, or outboard motor under this
227     Subsection (6).
228          (7) (a) An impounded vehicle, vessel, or outboard motor not claimed by the registered
229     owner or the owner's agent within the time prescribed by Section 41-1a-1103 shall be sold in
230     accordance with that section and the proceeds, if any, shall be disposed of as provided under
231     Section 41-1a-1104.
232          (b) The date of impoundment is considered the date of seizure for computing the time
233     period provided under Section 41-1a-1103.
234          (8) The registered owner who pays all fees and charges incurred in the impoundment of
235     the owner's vehicle, vessel, or outboard motor, has a cause of action for all the fees and
236     charges, together with damages, court costs, and attorney fees, against the operator of the
237     vehicle, vessel, or outboard motor whose actions caused the removal or impoundment.
238          (9) Towing, impound fees, and storage fees are a possessory lien on the vehicle, vessel,
239     or outboard motor.
240          (10) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
241     the department shall make rules setting the performance standards for towing companies to be
242     used by the department.
243          (11) (a) The Motor Vehicle Division may specify that a report required under
244     Subsection (4) be submitted in electronic form utilizing a database for submission, storage, and

245     retrieval of the information.
246          (b) (i) Unless otherwise provided by statute, the Motor Vehicle Division or the
247     administrator of the database may adopt a schedule of fees assessed for utilizing the database.
248          (ii) The fees under this Subsection (11)(b) shall:
249          (A) be reasonable and fair; and
250          (B) reflect the cost of administering the database.
251          Section 5. Section 41-22-8.1 is enacted to read:
252          41-22-8.1. Registration Fees.
253          (1) In addition to the fees established in Sections 41-22-8, 41-22-33, and 41-22-34, the
254     division shall require a person to pay 50 cents to register an off-highway vehicle under Section
255     41-22-3.
256          (2) The division shall deposit the fees the division collects under Subsection (1) into
257     the Spinal Cord and Brain Injury Rehabilitation Fund created in Section 26-54-102.
258          Section 6. Effective date.
259          This bill takes effect on July 1, 2016.






Legislative Review Note
Office of Legislative Research and General Counsel