Senator Curtis S. Bramble proposes the following substitute bill:


1     
BRAIN INJURY AND NEURO-REHABILITATION FUNDS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Curtis S. Bramble

5     
House Sponsor: Brian S. King

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to the Traumatic Brain Injury Fund, the Spinal Cord
10     and Brain Injury Rehabilitation Fund, and related advisory committees.
11     Highlighted Provisions:
12          This bill:
13          ▸     renames the Traumatic Brain Injury Fund as the "Brain Injury Fund" and amends
14     fund provisions;
15          ▸     renames the Traumatic Brain Injury Advisory Committee as the "Brain Injury
16     Advisory Committee" and amends committee membership requirements;
17          ▸     renames the Spinal Cord and Brain Injury Rehabilitation Fund as the
18     "Neuro-Rehabilitation Fund" and amends fund provisions;
19          ▸     renames the Spinal Cord and Brain Injury Rehabilitation Fund and Pediatric
20     Neuro-Rehabilitation Fund Advisory Committee as the "Neuro-Rehabilitation Fund
21     and Pediatric Neuro-Rehabilitation Fund Advisory Committee" and amends
22     committee provisions; and
23          ▸     makes technical changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          This bill provides revisor instructions.
28     Utah Code Sections Affected:
29     AMENDS:
30          26-50-102, as enacted by Laws of Utah 2008, Chapter 325
31          26-50-201, as last amended by Laws of Utah 2013, Chapter 400
32          26-50-202, as last amended by Laws of Utah 2016, Chapter 168
33          26-54-102, as last amended by Laws of Utah 2019, Chapter 405
34          26-54-103, as last amended by Laws of Utah 2022, Chapter 255
35          41-1a-1201, as last amended by Laws of Utah 2022, Chapter 259
36          41-6a-1406, as last amended by Laws of Utah 2022, Chapter 92
37          41-22-8, as last amended by Laws of Utah 2022, Chapter 68
38          63I-1-226, as last amended by Laws of Utah 2022, Chapters 194, 206, 224, 253, 255,
39     347, and 451
40          63I-1-241, as last amended by Laws of Utah 2022, Chapters 68, 92, 104, and 110
41     REPEALS:
42          26-50-101, as enacted by Laws of Utah 2008, Chapter 325
43     

44     Be it enacted by the Legislature of the state of Utah:
45          Section 1. Section 26-50-102 is amended to read:
46          26-50-102. Definitions.
47          As used in this chapter:
48          (1) "Committee" means the advisory committee created by the executive director
49     pursuant to Section 26-50-202.
50          (2) "Fund" means the [Traumatic] Brain Injury Fund created in Section 26-50-201.
51          Section 2. Section 26-50-201 is amended to read:
52          26-50-201. Brain Injury Fund.
53          (1) There is created an expendable special revenue fund [entitled the Traumatic]
54     known as the Brain Injury 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; and
58          (b) additional amounts as appropriated by the Legislature.
59          (3) The fund shall be administered by the executive director.
60          (4) Fund money may be used to:
61          (a) educate the general public and professionals regarding understanding, treatment,
62     and prevention of [traumatic] brain injury;
63          (b) provide access to evaluations and coordinate short-term care to assist an individual
64     in identifying services or support needs, resources, and benefits for which the individual may
65     be eligible;
66          (c) develop and support an information and referral system for persons with a
67     [traumatic] brain injury and their families; and
68          (d) provide grants to persons or organizations to provide the services described in
69     Subsections (4)(a), (b), and (c).
70          (5) Not less that 50% of the fund shall be used each fiscal year to directly assist
71     individuals who meet the qualifications described in Subsection (6).
72          (6) An individual who receives services either paid for from the fund, or through an
73     organization under contract with the fund, shall:
74          (a) be a resident of Utah;
75          (b) have been diagnosed by a qualified professional as having a [traumatic] brain injury
76     which results in impairment of cognitive or physical function; and
77          (c) have a need that can be met within the requirements of this chapter.
78          (7) The fund may not duplicate any services or support mechanisms being provided to
79     an individual by any other government or private agency.
80          (8) All actual and necessary operating expenses for the committee and staff shall be
81     paid by the fund.
82          (9) The fund may not be used for medical treatment, long-term care, or acute care.
83          Section 3. Section 26-50-202 is amended to read:
84          26-50-202. Brain Injury Advisory Committee -- Membership -- Time limit.
85          (1) On or after July 1 of each year, the executive director may create a [Traumatic]
86     Brain Injury Advisory Committee of not more than nine members.
87          (2) The committee shall be composed of members of the community who are familiar
88     with [traumatic] brain injury, its causes, diagnosis, treatment, rehabilitation, and support
89     services, including:
90          (a) persons with a [traumatic] brain injury;
91          (b) family members of a person with a [traumatic] brain injury;
92          (c) representatives of an association which advocates for persons with [traumatic] brain
93     injuries;
94          (d) specialists in a profession that works with brain injury patients; and
95          (e) department representatives.
96          (3) The department shall provide staff support to the committee.
97          (4) (a) If a vacancy occurs in the committee membership for any reason, a replacement
98     may be appointed for the unexpired term.
99          (b) The committee shall elect a chairperson from the membership.
100          (c) A majority of the committee constitutes a quorum at any meeting, and, if a quorum
101     exists, the action of the majority of members present shall be the action of the committee.
102          (d) The committee may adopt bylaws governing the committee's activities.
103          (e) A committee member may be removed by the executive director:
104          (i) if the member is unable or unwilling to carry out the member's assigned
105     responsibilities; or
106          (ii) for good cause.
107          (5) The committee shall comply with the procedures and requirements of:
108          (a) Title 52, Chapter 4, Open and Public Meetings Act; and
109          (b) Title 63G, Chapter 2, Government Records Access and Management Act.
110          (6) A member may not receive compensation or benefits for the member's service, but,
111     at the executive director's discretion, may receive per diem and travel expenses in accordance
112     with:
113          (a) Section 63A-3-106;
114          (b) Section 63A-3-107; and
115          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
116     63A-3-107.
117          (7) Not later than November 30 of each year the committee shall provide a written
118     report summarizing the activities of the committee to the executive director [of the
119     department].
120          (8) The committee shall cease to exist on December 31 of each year, unless the
121     executive director determines it necessary to continue.
122          Section 4. Section 26-54-102 is amended to read:
123          26-54-102. Neuro-Rehabilitation Fund -- Creation -- Administration -- Uses.
124          (1) As used in this section, a "qualified IRC 501(c)(3) charitable clinic" means a
125     professional medical clinic that:
126          (a) provides rehabilitation services to individuals in the state:
127          (i) who have a [traumatic] spinal cord or brain injury that tends to be [nonprogressive
128     or nondeteriorating] non-progressive or non-deteriorating; and
129          (ii) who require post-acute care;
130          (b) employs licensed therapy clinicians;
131          (c) has at least five [years] years' experience operating a post-acute care rehabilitation
132     clinic in the state; and
133          (d) has obtained tax-exempt status under Internal Revenue Code, 26 U.S.C. Sec.
134     501(c)(3).
135          (2) There is created an expendable special revenue fund known as the "[Spinal Cord
136     and Brain Injury Rehabilitation] Neuro-Rehabilitation Fund."
137          (3) The fund shall consist of:
138          (a) gifts, grants, donations, or any other conveyance of money that may be made to the
139     fund from private sources;
140          (b) a portion of the impound fee as designated in Section 41-6a-1406;
141          (c) the fees collected by the Motor Vehicle Division under Subsections 41-1a-1201(9)
142     and 41-22-8(3); and
143          (d) amounts appropriated by the Legislature.
144          (4) The fund shall be administered by the executive director [of the department], in
145     consultation with the advisory committee created in Section 26-54-103.
146          (5) Fund money shall be used to:
147          (a) assist one or more qualified IRC 501(c)(3) charitable clinics to provide
148     rehabilitation services to individuals who have a [traumatic] spinal cord or brain injury that
149     tends to be [nonprogressive or nondeteriorating] non-progressive or non-deteriorating,
150     including:
151          (i) (A) physical, occupational, and speech therapy; and
152          (B) other services as determined by rule made in accordance with Title 63G, Chapter 3,
153     Utah Administrative Rulemaking Act, by the advisory committee created in Section 26-54-103;
154     and
155          (ii) equipment for use in the qualified charitable clinic; and
156          (b) pay for operating expenses of the advisory committee created [by] in Section
157     26-54-103, including the advisory committee's staff.
158          Section 5. Section 26-54-103 is amended to read:
159          26-54-103. Neuro-Rehabilitation Fund and Pediatric Neuro-Rehabilitation Fund
160     Advisory Committee -- Creation -- Membership -- Terms -- Duties.
161          (1) There is created a [Spinal Cord and Brain Injury Rehabilitation]
162     Neuro-Rehabilitation Fund and Pediatric Neuro-Rehabilitation Fund Advisory Committee.
163          (2) The advisory committee shall be composed of 11 members as follows:
164          (a) the executive director, or the executive director's designee;
165          (b) two survivors, or family members of a survivor, of a [traumatic] brain injury
166     appointed by the governor;
167          (c) two survivors, or family members of a survivor, of a [traumatic] spinal cord injury
168     appointed by the governor;
169          (d) one [traumatic] brain injury or spinal cord injury professional appointed by the
170     governor who, at the time of appointment and throughout the professional's term on the
171     committee, does not receive a financial benefit from the fund;
172          (e) two parents of a child with a [nonprogressive] non-progressive neurological
173     condition appointed by the governor;
174          (f) (i) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy
175     Practice Act, with experience treating brain and spinal cord injuries, appointed by the governor;
176     or
177          (ii) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
178     Therapy Practice Act, with experience treating brain and spinal cord injuries, appointed by the
179     governor;
180          (g) a member of the House of Representatives appointed by the speaker of the House of
181     Representatives; and
182          (h) a member of the Senate appointed by the president of the Senate.
183          (3) (a) The term of advisory committee members shall be four years. If a vacancy
184     occurs in the committee membership for any reason, a replacement shall be appointed for the
185     unexpired term in the same manner as the original appointment.
186          (b) The committee shall elect a chairperson from the membership.
187          (c) A majority of the committee constitutes a quorum at any meeting, and, if a quorum
188     is present at an open meeting, the action of the majority of members shall be the action of the
189     advisory committee.
190          (d) The terms of the advisory committee shall be staggered so that members appointed
191     under Subsections (2)(b), (d), and (f) shall serve an initial two-year term and members
192     appointed under Subsections (2)(c), (e), and (g) shall serve four-year terms. Thereafter,
193     members appointed to the advisory committee shall serve four-year terms.
194          (4) The advisory committee shall comply with the procedures and requirements of:
195          (a) Title 52, Chapter 4, Open and Public Meetings Act;
196          (b) Title 63G, Chapter 2, Government Records Access and Management Act; and
197          (c) Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
198          (5) (a) A member who is not a legislator may not receive compensation or benefits for
199     the member's service, but, at the executive director's discretion, may receive per diem and
200     travel expenses as allowed in:
201          (i) Section 63A-3-106;
202          (ii) Section 63A-3-107; and
203          (iii) rules adopted by the Division of Finance according to Sections 63A-3-106 and
204     63A-3-107.
205          (b) Compensation and expenses of a member who is a legislator are governed by
206     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
207          (6) The advisory committee shall:
208          (a) adopt rules and procedures in accordance with Title 63G, Chapter 3, Utah
209     Administrative Rulemaking Act, that establish priorities and criteria for the advisory committee
210     to follow in recommending distribution of money from the [fund] Neuro-Rehabilitation Fund
211     created in Section 26-54-102 and the Pediatric Neuro-Rehabilitation Fund created in Section
212     26-54-102.5 to assist qualified IRC 501(c)(3) charitable clinics, as defined in Sections
213     26-54-102 and 26-54-102.5;
214          (b) identify, evaluate, and review the quality of care available to:
215          (i) individuals with spinal cord and brain injuries through qualified IRC 501(c)(3)
216     charitable clinics, as defined in Section 26-54-102; or
217          (ii) children with [nonprogressive] non-progressive neurological conditions through
218     qualified IRC 501(c)(3) charitable clinics, as defined in Section 26-54-102.5; and
219          (c) explore, evaluate, and review other possible funding sources and make a
220     recommendation to the Legislature regarding sources that would provide adequate funding for
221     the advisory committee to accomplish its responsibilities under this section.
222          (7) Operating expenses for the advisory committee, including the committee's staff,
223     shall be paid for only with money from:
224          (a) the [Spinal Cord and Brain Injury Rehabilitation] Neuro-Rehabilitation Fund
225     created in Section 26-54-102;
226          (b) the Pediatric Neuro-Rehabilitation Fund created in Section 26-54-102.5; or
227          (c) both funds.
228          Section 6. Section 41-1a-1201 is amended to read:
229          41-1a-1201. Disposition of fees.
230          (1) All fees received and collected under this part shall be transmitted daily to the state
231     treasurer.
232          (2) Except as provided in Subsections (3), (6), (7), (8), and (9) and Sections 41-1a-422,
233     41-1a-1220, 41-1a-1221, and 41-1a-1223 all fees collected under this part shall be deposited
234     into the Transportation Fund.
235          (3) Funds generated under Subsections 41-1a-1211(1)(b)(ii), (6)(b)(ii), and (7) and
236     Section 41-1a-1212 may be used by the commission to cover the costs incurred in issuing
237     license plates under Part 4, License Plates and Registration Indicia.
238          (4) In accordance with Section 63J-1-602.2, all funds available to the commission for
239     the purchase and distribution of license plates and decals are nonlapsing.
240          (5) (a) Except as provided in Subsections (3) and (5)(b) and Section 41-1a-1205, the
241     expenses of the commission in enforcing and administering this part shall be provided for by
242     legislative appropriation from the revenues of the Transportation Fund.
243          (b) Three dollars of the registration fees imposed under Subsections 41-1a-1206(2)(a)
244     and (b) for each vehicle registered for a six-month registration period under Section
245     41-1a-215.5 may be used by the commission to cover the costs incurred in enforcing and
246     administering this part.
247          (c) Fifty cents of the registration fee imposed under Subsection 41-1a-1206(1)(i) for
248     each vintage vehicle that has a model year of 1981 or newer may be used by the commission to
249     cover the costs incurred in enforcing and administering this part.
250          (6) (a) The following portions of the registration fees imposed under Section
251     41-1a-1206 for each vehicle shall be deposited into the Transportation Investment Fund of
252     2005 created [under] in Section 72-2-124:
253          (i) $30 of the registration fees imposed under Subsections 41-1a-1206(1)(a), (1)(b),
254     (1)(f), (4), and (7);
255          (ii) $21 of the registration fees imposed under Subsections 41-1a-1206(1)(c)(i) and
256     (1)(c)(ii);
257          (iii) $2.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(ii);
258          (iv) $23 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(i);
259          (v) $24.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(i); and
260          (vi) $1 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(ii).
261          (b) The following portions of the registration fees collected for each vehicle registered
262     for a six-month registration period under Section 41-1a-215.5 shall be deposited into the
263     Transportation Investment Fund of 2005 created [by] in Section 72-2-124:
264          (i) $23.25 of each registration fee collected under Subsection 41-1a-1206(2)(a)(i); and
265          (ii) $23 of each registration fee collected under Subsection 41-1a-1206(2)(a)(ii).
266          (7) (a) Ninety-four cents of each registration fee imposed under Subsections
267     41-1a-1206(1)(a) and (b) for each vehicle shall be deposited into the Public Safety Restricted
268     Account created in Section 53-3-106.
269          (b) Seventy-one cents of each registration fee imposed under Subsections
270     41-1a-1206(2)(a) and (b) for each vehicle registered for a six-month registration period under
271     Section 41-1a-215.5 shall be deposited into the Public Safety Restricted Account created in
272     Section 53-3-106.
273          (8) (a) One dollar of each registration fee imposed under Subsections 41-1a-1206(1)(a)
274     and (b) for each vehicle shall be deposited into the Motor Vehicle Safety Impact Restricted
275     Account created in Section 53-8-214.
276          (b) One dollar of each registration fee imposed under Subsections 41-1a-1206(2)(a)
277     and (b) for each vehicle registered for a six-month registration period under Section
278     41-1a-215.5 shall be deposited into the Motor Vehicle Safety Impact Restricted Account
279     created in Section 53-8-214.
280          (9) Fifty cents of each registration fee imposed under Subsection 41-1a-1206(1)(a) for
281     each motorcycle shall be deposited into the [Spinal Cord and Brain Injury Rehabilitation]
282     Neuro-Rehabilitation Fund created in Section 26-54-102.
283          Section 7. Section 41-6a-1406 is amended to read:
284          41-6a-1406. Removal and impoundment of vehicles -- Reporting and notification
285     requirements -- Administrative impound fee -- Refunds -- Possessory lien -- Rulemaking.
286          (1) If a vehicle, vessel, or outboard motor is removed or impounded as provided under
287     Section 41-1a-1101, 41-6a-527, 41-6a-1405, 41-6a-1408, or 73-18-20.1 by an order of a peace
288     officer or by an order of a person acting on behalf of a law enforcement agency or highway
289     authority, the removal or impoundment of the vehicle, vessel, or outboard motor shall be at the
290     expense of the owner.
291          (2) The vehicle, vessel, or outboard motor under Subsection (1) shall be removed or
292     impounded to a state impound yard.
293          (3) The peace officer may move a vehicle, vessel, or outboard motor or cause it to be
294     removed by a tow truck motor carrier that meets standards established:
295          (a) under Title 72, Chapter 9, Motor Carrier Safety Act; and
296          (b) by the department under Subsection (10).
297          (4) (a) A report described in this Subsection (4) is required for a vehicle, vessel, or
298     outboard motor that is:
299          (i) removed or impounded as described in Subsection (1); or
300          (ii) removed or impounded by any law enforcement or government entity.
301          (b) Before noon on the next business day after the date of the removal of the vehicle,
302     vessel, or outboard motor, a report of the removal shall be sent to the Motor Vehicle Division
303     by:
304          (i) the peace officer or agency by whom the peace officer is employed; and
305          (ii) the tow truck operator or the tow truck motor carrier by whom the tow truck
306     operator is employed.
307          (c) The report shall be in a form specified by the Motor Vehicle Division and shall
308     include:
309          (i) the operator's name, if known;
310          (ii) a description of the vehicle, vessel, or outboard motor;
311          (iii) the vehicle identification number or vessel or outboard motor identification
312     number;
313          (iv) the license number, temporary permit number, or other identification number
314     issued by a state agency;
315          (v) the date, time, and place of impoundment;
316          (vi) the reason for removal or impoundment;
317          (vii) the name of the tow truck motor carrier who removed the vehicle, vessel, or
318     outboard motor; and
319          (viii) the place where the vehicle, vessel, or outboard motor is stored.
320          (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
321     State Tax Commission shall make rules to establish proper format and information required on
322     the form described in this [subsection] Subsection (4).
323          (e) Until the tow truck operator or tow truck motor carrier reports the removal as
324     required under this Subsection (4), a tow truck motor carrier or impound yard may not:
325          (i) collect any fee associated with the removal; and
326          (ii) begin charging storage fees.
327          (5) (a) Except as provided in Subsection (5)(e) and upon receipt of the report, the
328     Motor Vehicle Division shall give notice, in the manner described in Section 41-1a-114, to the
329     following parties with an interest in the vehicle, vessel, or outboard motor, as applicable:
330          (i) the registered owner;
331          (ii) any lien holder; or
332          (iii) a dealer, as defined in Section 41-1a-102, if the vehicle, vessel, or outboard motor
333     is currently operating under a temporary permit issued by the dealer, as described in Section
334     41-3-302.
335          (b) The notice shall:
336          (i) state the date, time, and place of removal, the name, if applicable, of the person
337     operating the vehicle, vessel, or outboard motor at the time of removal, the reason for removal,
338     and the place where the vehicle, vessel, or outboard motor is stored;
339          (ii) state that the registered owner is responsible for payment of towing, impound, and
340     storage fees charged against the vehicle, vessel, or outboard motor;
341          (iii) state the conditions that must be satisfied before the vehicle, vessel, or outboard
342     motor is released; and
343          (iv) inform the parties described in Subsection (5)(a) of the division's intent to sell the
344     vehicle, vessel, or outboard motor, if, within 30 days after the day of the removal or
345     impoundment under this section, one of the parties fails to make a claim for release of the
346     vehicle, vessel, or outboard motor.
347          (c) Except as provided in Subsection (5)(e) and if the vehicle, vessel, or outboard
348     motor is not registered in this state, the Motor Vehicle Division shall make a reasonable effort
349     to notify the parties described in Subsection (5)(a) of the removal and the place where the
350     vehicle, vessel, or outboard motor is stored.
351          (d) The Motor Vehicle Division shall forward a copy of the notice to the place where
352     the vehicle, vessel, or outboard motor is stored.
353          (e) The Motor Vehicle Division is not required to give notice under this Subsection (5)
354     if a report was received by a tow truck operator or tow truck motor carrier reporting a tow truck
355     service in accordance with Subsection 72-9-603(1)(a)(i).
356          (6) (a) The vehicle, vessel, or outboard motor shall be released after a party described
357     in Subsection (5)(a):
358          (i) makes a claim for release of the vehicle, vessel, or outboard motor at any office of
359     the State Tax Commission;
360          (ii) presents identification sufficient to prove ownership of the impounded vehicle,
361     vessel, or outboard motor;
362          (iii) completes the registration, if needed, and pays the appropriate fees;
363          (iv) if the impoundment was made under Section 41-6a-527, pays an administrative
364     impound fee of $400; and
365          (v) pays all towing and storage fees to the place where the vehicle, vessel, or outboard
366     motor is stored.
367          (b) (i) Twenty-nine dollars of the administrative impound fee assessed under
368     Subsection (6)(a)(iv) shall be dedicated credits to the Motor Vehicle Division;
369          (ii) $147 of the administrative impound fee assessed under Subsection (6)(a)(iv) shall
370     be deposited into the Department of Public Safety Restricted Account created in Section
371     53-3-106;
372          (iii) $20 of the administrative impound fee assessed under Subsection (6)(a)(iv) shall
373     be deposited [in] into the [Spinal Cord and Brain Injury Rehabilitation Fund]
374     Neuro-Rehabilitation Fund created in Section 26-54-102; and
375          (iv) the remainder of the administrative impound fee assessed under Subsection
376     (6)(a)(iv) shall be deposited into the General Fund.
377          (c) The administrative impound fee assessed under Subsection (6)(a)(iv) shall be
378     waived or refunded by the State Tax Commission if the registered owner, lien holder, or
379     owner's agent presents written evidence to the State Tax Commission that:
380          (i) the Driver License Division determined that the arrested person's driver license
381     should not be suspended or revoked under Section 53-3-223 or 41-6a-521 as shown by a letter
382     or other report from the Driver License Division presented within 180 days after the day on
383     which the Driver License Division mailed the final notification; or
384          (ii) the vehicle was stolen at the time of the impoundment as shown by a copy of the
385     stolen vehicle report presented within 180 days after the day of the impoundment.
386          (d) A tow truck operator, a tow truck motor carrier, and an impound yard shall accept
387     payment by cash and debit or credit card for a removal or impoundment under Subsection (1)
388     or any service rendered, performed, or supplied in connection with a removal or impoundment
389     under Subsection (1).
390          (e) The owner of an impounded vehicle may not be charged a fee for the storage of the
391     impounded vehicle, vessel, or outboard motor if:
392          (i) the vehicle, vessel, or outboard motor is being held as evidence; and
393          (ii) the vehicle, vessel, or outboard motor is not being released to a party described in
394     Subsection [5(a)] (5)(a), even if the party satisfies the requirements to release the vehicle,
395     vessel, or outboard motor under this Subsection (6).
396          (7) (a) For an impounded vehicle, vessel, or outboard motor not claimed by a party
397     described in Subsection (5)(a) within the time prescribed by Section 41-1a-1103, the Motor
398     Vehicle Division shall issue a certificate of sale for the impounded vehicle, vessel, or outboard
399     motor as described in Section 41-1a-1103.
400          (b) The date of impoundment is considered the date of seizure for computing the time
401     period provided under Section 41-1a-1103.
402          (8) A party described in Subsection (5)(a) that pays all fees and charges incurred in the
403     impoundment of the owner's vehicle, vessel, or outboard motor has a cause of action for all the
404     fees and charges, together with damages, court costs, and attorney fees, against the operator of
405     the vehicle, vessel, or outboard motor whose actions caused the removal or impoundment.
406          (9) Towing, impound fees, and storage fees are a possessory lien on the vehicle, vessel,
407     or outboard motor.
408          (10) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
409     the department shall make rules setting the performance standards for towing companies to be
410     used by the department.
411          (11) (a) The Motor Vehicle Division may specify that a report required under
412     Subsection (4) be submitted in electronic form utilizing a database for submission, storage, and
413     retrieval of the information.
414          (b) (i) Unless otherwise provided by statute, the Motor Vehicle Division or the
415     administrator of the database may adopt a schedule of fees assessed for utilizing the database.
416          (ii) The fees under this Subsection (11)(b) shall:
417          (A) be reasonable and fair; and
418          (B) reflect the cost of administering the database.
419          Section 8. Section 41-22-8 is amended to read:
420          41-22-8. Registration fees.
421          (1) The division, after notifying the commission, shall establish the fees that shall be
422     paid in accordance with this chapter, subject to the following:
423          (a) (i) Except as provided in Subsection (1)(a)(ii) or (iii), the fee for each off-highway
424     vehicle registration may not exceed $35.
425          (ii) The fee for each snowmobile registration may not exceed $26.
426          (iii) The fee for each street-legal all-terrain vehicle may not exceed $72.
427          (b) The fee for each duplicate registration card may not exceed $3.
428          (c) The fee for each duplicate registration sticker may not exceed $5.
429          (2) A fee may not be charged for an off-highway vehicle that is owned and operated by
430     the United States Government, this state, or its political subdivisions.
431          (3) (a) In addition to the fees under this section, Section 41-22-33, and Section
432     41-22-34, the Motor Vehicle Division shall require a person to pay one dollar to register an
433     off-highway vehicle under Section 41-22-3.
434          (b) The Motor Vehicle Division shall deposit the fees the Motor Vehicle Division
435     collects under Subsection (3)(a) into the [Spinal Cord and Brain Injury Rehabilitation]
436     Neuro-Rehabilitation Fund described in Section 26-54-102.
437          Section 9. Section 63I-1-226 is amended to read:
438          63I-1-226. Repeal dates: Titles 26 through 26B.
439          (1) Section 26-1-7.5, which creates the Utah Health Advisory Council, is repealed July
440     1, 2025.
441          [(2) Section 26-1-40 is repealed July 1, 2022.]
442          [(3)] (2) Section 26-1-41 is repealed July 1, 2026.
443          [(4)] (3) Section 26-1-43 is repealed December 31, 2025.
444          [(5)] (4) Section 26-7-10 is repealed July 1, 2025.
445          [(6)] (5) Subsection 26-7-11(5), regarding reports to the Legislature, is repealed July 1,
446     2028.
447          [(7)] (6) Section 26-7-14 is repealed December 31, 2027.
448          [(8)] (7) Section 26-8a-603 is repealed July 1, 2027.
449          [(9)] (8) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed
450     July 1, 2025.
451          [(10)] (9) Subsection 26-10-6(5), which creates the Newborn Hearing Screening
452     Committee, is repealed July 1, 2026.
453          [(11)] (10) Section 26-10b-106, which creates the Primary Care Grant Committee, is
454     repealed July 1, 2025.
455          [(12) Subsection 26-15c-104(3), relating to a limitation on the number of
456     microenterprise home kitchen permits that may be issued, is repealed July 1, 2022.]
457          [(13)] (11) Subsection 26-18-2.6(9), which addresses reimbursement for dental
458     hygienists, is repealed July 1, 2028.
459          [(14)] (12) Section 26-18-27 is repealed July 1, 2025.
460          [(15)] (13) Section 26-18-28 is repealed June 30, 2027.
461          [(16)] (14) Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed
462     July 1, 2027.
463          [(17)] (15) Subsection 26-18-418(2), the language that states "and the Behavioral
464     Health Crisis Response Commission created in Section 63C-18-202" is repealed July 1, 2023.
465          [(18)] (16) Section 26-33a-117 is repealed December 31, 2023.
466          [(19)] (17) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1,
467     2024.
468          [(20)] (18) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July
469     1, 2024.
470          [(21)] (19) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is
471     repealed July 1, 2024.
472          [(22)] (20) Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July
473     1, 2024.
474          [(23)] (21) Section 26-39-201, which creates the Residential Child Care Licensing
475     Advisory Committee, is repealed July 1, 2024.
476          [(24)] (22) Section 26-39-405, Drinking water quality in child care centers, is repealed
477     July 1, 2027.
478          [(25)] (23) Section 26-40-104, which creates the Utah Children's Health Insurance
479     Program Advisory Council, is repealed July 1, 2025.
480          [(26)] (24) Section 26-50-202, which creates the [Traumatic] Brain Injury Advisory
481     Committee, is repealed July 1, 2025.
482          [(27)] (25) [Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
483     Pediatric Neuro-Rehabilitation Fund] Title 26, Chapter 54, Neuro-Rehabilitation Fund and
484     Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
485          [(28)] (26) Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed
486     July 1, 2026.
487          [(29)] (27) Title 26, Chapter 68, COVID-19 Vaccine Restrictions Act, is repealed July
488     1, 2024.
489          [(30)] (28) Section 26-69-406 is repealed July 1, 2025.
490          [(31)] (29) Subsection 26B-1-204(2)(i), related to the Residential Child Care Licensing
491     Advisory Committee, is repealed July 1, 2024.
492          [(32)] (30) Subsection 26B-1-204(2)(k), related to the Primary Care Grant Committee,
493     is repealed July 1, 2025.
494          Section 10. Section 63I-1-241 is amended to read:
495          63I-1-241. Repeal dates: Title 41.
496          (1) Subsection 41-1a-1201(9), related to the [Spinal Cord and Brain Injury
497     Rehabilitation] Neuro-Rehabilitation Fund, is repealed January 1, 2025.
498          (2) Section 41-3-106, which creates an advisory board related to motor vehicle
499     business regulation, is repealed July 1, 2024.
500          (3) The following subsections addressing lane filtering are repealed on July 1, 2027:
501          (a) Subsection 41-6a-102(31) that defines "lane filtering";
502          (b) Subsection 41-6a-704(5); and
503          (c) Subsection 41-6a-710(1)(c).
504          (4) Subsection [41-6a-1406(6)(c)(iii)] 41-6a-1406(6)(b)(iii), related to the [Spinal Cord
505     and Brain Injury Rehabilitation] Neuro-Rehabilitation Fund, is repealed January 1, 2025.
506          (5) Subsections 41-22-2(1) and [41-22-10(1)(a)] 41-22-10(1), which authorize an
507     advisory council that includes in the advisory council's duties addressing off-highway vehicle
508     issues, are repealed July 1, 2027.
509          (6) Subsection 41-22-8(3), related to the [Spinal Cord and Brain Injury Rehabilitation]
510     Neuro-Rehabilitation Fund, is repealed January 1, 2025.
511          Section 11. Repealer.
512          This bill repeals:
513          Section 26-50-101, Title.
514          Section 12. Revisor instructions.
515          The Legislature intends that the Office of Legislative Research and General Counsel, in
516     preparing the Utah Code database for publication, replace references added during the 2023
517     General Session as follows:
518          (1) replace "Traumatic Brain Injury Fund" with "Brain Injury Fund";
519          (2) replace "Traumatic Brain Injury Advisory Committee" with "Brain Injury Advisory
520     Committee";
521          (3) replace "Spinal Cord and Brain Injury Rehabilitation Fund" with
522     "Neuro-Rehabilitation Fund"; and
523          (4) replace "Spinal Cord and Brain Injury Rehabilitation Fund and Pediatric
524     Neuro-Rehabilitation Fund Advisory Committee" with "Neuro-Rehabilitation Fund and
525     Pediatric Neuro-Rehabilitation Fund Advisory Committee".