2
3
4
5
6
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
38 26-54-101. Title.
39 This chapter is known as the "[
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 [
44
45 (1) There is created an expendable special revenue fund [
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; [
51 (c) the fees collected by the division under Section 41-22-8.1; and
52 [
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 [
58 individual in Utah:
59 (i) with a traumatic spinal cord [
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 [
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 [
70
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 [
77 Advisory Committee.
78 (2) The advisory committee shall be composed of [
79 (a) the executive director of the [
80 director's designee;
81 (b) [
82 a traumatic brain injury, appointed by the governor;
83 (c) [
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 [
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 [
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 [
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