Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 267 Third Substitute (2023GS)

Sponsor

Sen. Bramble, C.

Final action

Governor Signed 3/15/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• renames the Traumatic Brain Injury Fund as the "Brain Injury Fund" and amends fund provisions;
• renames the Traumatic Brain Injury Advisory Committee as the "Brain Injury Advisory Committee" and amends committee membership requirements;
• renames the Spinal Cord and Brain Injury Rehabilitation Fund as the "Neuro-Rehabilitation Fund" and amends fund provisions;
• renames the Spinal Cord and Brain Injury Rehabilitation Fund and Pediatric Neuro-Rehabilitation Fund Advisory Committee as the "Neuro-Rehabilitation Fund and Pediatric Neuro-Rehabilitation Fund Advisory Committee" and amends committee provisions; and
• makes technical changes.

Every vote on this bill

Bill text

BRAIN INJURY AND NEURO-REHABILITATION FUNDS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: 
Brian S. King
LONG TITLE
General Description:
This bill amends provisions related to the Traumatic Brain Injury Fund, the Spinal Cord
and Brain Injury Rehabilitation Fund, and related advisory committees.
Highlighted Provisions:
This bill:
▸ renames the Traumatic Brain Injury Fund as the "Brain Injury Fund" and amends
fund provisions;
▸ renames the Traumatic Brain Injury Advisory Committee as the "Brain Injury
Advisory Committee" and amends committee membership requirements;
▸ renames the Spinal Cord and Brain Injury Rehabilitation Fund as the
"Neuro-Rehabilitation Fund" and amends fund provisions;
▸ renames the Spinal Cord and Brain Injury Rehabilitation Fund and Pediatric
Neuro-Rehabilitation Fund Advisory Committee as the "Neuro-Rehabilitation Fund
and Pediatric Neuro-Rehabilitation Fund Advisory Committee" and amends
committee provisions; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides revisor instructions.
Utah Code Sections Affected:
AMENDS:
26-50-102
, as enacted by Laws of Utah 2008, Chapter 325
26-50-201
, as last amended by Laws of Utah 2013, Chapter 400
26-50-202
, as last amended by Laws of Utah 2016, Chapter 168
26-54-102
, as last amended by Laws of Utah 2019, Chapter 405
26-54-103
, as last amended by Laws of Utah 2022, Chapter 255
41-1a-1201
, as last amended by Laws of Utah 2022, Chapter 259
41-6a-1406
, as last amended by Laws of Utah 2022, Chapter 92
41-22-8
, as last amended by Laws of Utah 2022, Chapter 68
63I-1-226
, as last amended by Laws of Utah 2022, Chapters 194, 206, 224, 253, 255,
347, and 451
63I-1-241
, as last amended by Laws of Utah 2022, Chapters 68, 92, 104, and 110
REPEALS:
26-50-101
, as enacted by Laws of Utah 2008, Chapter 325
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-50-102
 is amended to read:
26-50-102.
Definitions.
As used in this chapter:
(1) "Committee" means the advisory committee created by the executive director
pursuant to Section 
26-50-202
.
(2) "Fund" means the [
Traumatic
] Brain Injury Fund created in Section 
26-50-201
.
Section 2. Section 
26-50-201
 is amended to read:
26-50-201.
 Brain Injury Fund.
(1) There is created an expendable special revenue fund [
entitled the Traumatic
]
known as the
 Brain Injury Fund.
(2) The fund shall consist of:
(a) gifts, grants, donations, or any other conveyance of money that may be made to the
fund from private sources; and
(b) additional amounts as appropriated by the Legislature.
(3) The fund shall be administered by the executive director.
(4) Fund money may be used to:
(a) educate the general public and professionals regarding understanding, treatment,
and prevention of [
traumatic
] brain injury;
(b) provide access to evaluations and coordinate short-term care to assist an individual
in identifying services or support needs, resources, and benefits for which the individual may
be eligible;
(c) develop and support an information and referral system for persons with a
[
traumatic
] brain injury and their families; and
(d) provide grants to persons or organizations to provide the services described in
Subsections (4)(a), (b), and (c).
(5) Not less that 50% of the fund shall be used each fiscal year to directly assist
individuals who meet the qualifications described in Subsection (6).
(6) An individual who receives services either paid for from the fund, or through an
organization under contract with the fund, shall:
(a) be a resident of Utah;
(b) have been diagnosed by a qualified professional as having a [
traumatic
] brain injury
which results in impairment of cognitive or physical function; and
(c) have a need that can be met within the requirements of this chapter.
(7) The fund may not duplicate any services or support mechanisms being provided to
an individual by any other government or private agency.
(8) All actual and necessary operating expenses for the committee and staff shall be
paid by the fund.
(9) The fund may not be used for medical treatment, long-term care, or acute care.
Section 3. Section 
26-50-202
 is amended to read:
26-50-202.
 Brain Injury Advisory Committee -- Membership -- Time limit.
(1) On or after July 1 of each year, the executive director may create a [
Traumatic
]
Brain Injury Advisory Committee of not more than nine members.
(2) The committee shall be composed of members of the community who are familiar
with [
traumatic
] brain injury, its causes, diagnosis, treatment, rehabilitation, and support
services, including:
(a) persons with a [
traumatic
] brain injury;
(b) family members of a person with a [
traumatic
] brain injury;
(c) representatives of an association which advocates for persons with [
traumatic
] brain
injuries;
(d) specialists in a profession that works with brain injury patients; and
(e) department representatives.
(3) The department shall provide staff support to the committee.
(4) (a) If a vacancy occurs in the committee membership for any reason, a replacement
may be appointed for the unexpired term.
(b) The committee shall elect a chairperson from the membership.
(c) A majority of the committee constitutes a quorum at any meeting, and, if a quorum
exists, the action of the majority of members present shall be the action of the committee.
(d) The committee may adopt bylaws governing the committee's activities.
(e) A committee member may be removed by the executive director:
(i) if the member is unable or unwilling to carry out the member's assigned
responsibilities; or
(ii) for good cause.
(5) The committee shall comply with the procedures and requirements of:
(a) Title 52, Chapter 4, Open and Public Meetings Act; and
(b) Title 63G, Chapter 2, Government Records Access and Management Act.
(6) A member may not receive compensation or benefits for the member's service, but,
at the executive director's discretion, may receive per diem and travel expenses in accordance
with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(7) Not later than November 30 of each year the committee shall provide a written
report summarizing the activities of the committee to the executive director [
of the
department
].
(8) The committee shall cease to exist on December 31 of each year, unless the
executive director determines it necessary to continue.
Section 4. Section 
26-54-102
 is amended to read:
26-54-102.
Neuro-Rehabilitation Fund -- Creation -- Administration -- Uses.
(1) As used in this section, a "qualified IRC 501(c)(3) charitable clinic" means a
professional medical clinic that:
(a) provides rehabilitation services to individuals in the state:
(i) who have a [
traumatic
] spinal cord or brain injury that tends to be [
nonprogressive
or nondeteriorating
] 
non-progressive or non-deteriorating
; and
(ii) who require post-acute care;
(b) employs licensed therapy clinicians;
(c) has at least five [
years
] 
years'
 experience operating a post-acute care rehabilitation
clinic in the state; and
(d) has obtained tax-exempt status under Internal Revenue Code, 26 U.S.C. Sec.
501(c)(3).
(2) There is created an expendable special revenue fund known as the "[
Spinal Cord
and Brain Injury Rehabilitation
] 
Neuro-Rehabilitation
 Fund."
(3) The fund shall consist of:
(a) gifts, grants, donations, or any other conveyance of money that may be made to the
fund from private sources;
(b) a portion of the impound fee as designated in Section 
41-6a-1406
;
(c) the fees collected by the Motor Vehicle Division under Subsections 
41-1a-1201
(9)
and 
41-22-8
(3); and
(d) amounts appropriated by the Legislature.
(4) The fund shall be administered by the executive director [
of the department
], in
consultation with the advisory committee created in Section 
26-54-103
.
(5) Fund money shall be used to:
(a) assist one or more qualified IRC 501(c)(3) charitable clinics to provide
rehabilitation services to individuals who have a [
traumatic
] spinal cord or brain injury that
tends to be [
nonprogressive or nondeteriorating
] 
non-progressive or non-deteriorating
,
including:
(i) 
(A)
 physical, occupational, and speech therapy; and
(B) other services as determined by rule made in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, by the advisory committee created in Section 
26-54-103
;
and
(ii) equipment for use in the qualified charitable clinic; and
(b) pay for operating expenses of the advisory committee created [
by
] 
in
 Section
26-54-103
, including the advisory committee's staff.
Section 5. Section 
26-54-103
 is amended to read:
26-54-103.
Neuro-Rehabilitation Fund and Pediatric Neuro-Rehabilitation Fund
Advisory Committee -- Creation -- Membership -- Terms -- Duties.
(1) There is created a [
Spinal Cord and Brain Injury Rehabilitation
]
Neuro-Rehabilitation
 Fund and Pediatric Neuro-Rehabilitation Fund Advisory Committee.
(2) The advisory committee shall be composed of 11 members as follows:
(a) the executive director, or the executive director's designee;
(b) two survivors, or family members of a survivor, of a [
traumatic
] brain injury
appointed by the governor;
(c) two survivors, or family members of a survivor, of a [
traumatic
] spinal cord injury
appointed by the governor;
(d) one [
traumatic
] brain injury or spinal cord injury professional appointed by the
governor who, at the time of appointment and throughout the professional's term on the
committee, does not receive a financial benefit from the fund;
(e) two parents of a child with a [
nonprogressive
] 
non-progressive
 neurological
condition appointed by the governor;
(f) (i) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy
Practice Act, with experience treating brain and spinal cord injuries, appointed by the governor;
or
(ii) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
Therapy Practice Act, with experience treating brain and spinal cord injuries, appointed by the
governor;
(g) a member of the House of Representatives appointed by the speaker of the House of
Representatives; and
(h) a member of the Senate appointed by the president of the Senate.
(3) (a) The term of advisory committee members shall be four years. If a vacancy
occurs in the committee membership for any reason, a replacement shall be appointed for the
unexpired term in the same manner as the original appointment.
(b) The committee shall elect a chairperson from the membership.
(c) A majority of the committee constitutes a quorum at any meeting, and, if a quorum
is present at an open meeting, the action of the majority of members shall be the action of the
advisory committee.
(d) The terms of the advisory committee shall be staggered so that members appointed
under Subsections (2)(b), (d), and (f) shall serve an initial two-year term and members
appointed under Subsections (2)(c), (e), and (g) shall serve four-year terms. Thereafter,
members appointed to the advisory committee shall serve four-year terms.
(4) The advisory committee shall comply with the procedures and requirements of:
(a) Title 52, Chapter 4, Open and Public Meetings Act;
(b) Title 63G, Chapter 2, Government Records Access and Management Act; and
(c) Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(5) (a) A member who is not a legislator may not receive compensation or benefits for
the member's service, but, at the executive director's discretion, may receive per diem and
travel expenses as allowed in:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules adopted by the Division of Finance according to Sections 
63A-3-106
 and
63A-3-107
.
(b) Compensation and expenses of a member who is a legislator are governed by
Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
(6) The advisory committee shall:
(a) adopt rules and procedures in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, that establish priorities and criteria for the advisory committee
to follow in recommending distribution of money from the [
fund
] 
Neuro-Rehabilitation Fund
created in Section 
26-54-102
 and the Pediatric Neuro-Rehabilitation Fund created in Section
26-54-102.5
 to assist qualified IRC 501(c)(3) charitable clinics, as defined in Sections
26-54-102
 and 
26-54-102.5
;
(b) identify, evaluate, and review the quality of care available to:
(i) individuals with spinal cord and brain injuries through qualified IRC 501(c)(3)
charitable clinics, as defined in Section 
26-54-102
; or
(ii) children with [
nonprogressive
] 
non-progressive
 neurological conditions through
qualified IRC 501(c)(3) charitable clinics, as defined in Section 
26-54-102.5
; and
(c) explore, evaluate, and review other possible funding sources and make a
recommendation to the Legislature regarding sources that would provide adequate funding for
the advisory committee to accomplish its responsibilities under this section.
(7) Operating expenses for the advisory committee, including the committee's staff,
shall be paid for only with money from:
(a) the [
Spinal Cord and Brain Injury Rehabilitation
] 
Neuro-Rehabilitation
 Fund
created in Section 
26-54-102
;
(b) the Pediatric Neuro-Rehabilitation Fund 
created in Section 
26-54-102.5
; or
(c) both funds.
Section 6. Section 
41-1a-1201
 is amended to read:
41-1a-1201.
Disposition of fees.
(1) All fees received and collected under this part shall be transmitted daily to the state
treasurer.
(2) Except as provided in Subsections (3), (6), (7), (8), and (9) and Sections 
41-1a-422
,
41-1a-1220
, 
41-1a-1221
, and 
41-1a-1223
 all fees collected under this part shall be deposited
into the Transportation Fund.
(3) Funds generated under Subsections 
41-1a-1211
(1)(b)(ii), (6)(b)(ii), and (7) and
Section 
41-1a-1212
 may be used by the commission to cover the costs incurred in issuing
license plates under Part 4, License Plates and Registration Indicia.
(4) In accordance with Section 
63J-1-602.2
, all funds available to the commission for
the purchase and distribution of license plates and decals are nonlapsing.
(5) (a) Except as provided in Subsections (3) and (5)(b) and Section 
41-1a-1205
, the
expenses of the commission in enforcing and administering this part shall be provided for by
legislative appropriation from the revenues of the Transportation Fund.
(b) Three dollars of the registration fees imposed under Subsections 
41-1a-1206
(2)(a)
and (b) for each vehicle registered for a six-month registration period under Section
41-1a-215.5
 may be used by the commission to cover the costs incurred in enforcing and
administering this part.
(c) Fifty cents of the registration fee imposed under Subsection 
41-1a-1206
(1)(i) for
each vintage vehicle that has a model year of 1981 or newer may be used by the commission to
cover the costs incurred in enforcing and administering this part.
(6) (a) The following portions of the registration fees imposed under Section
41-1a-1206
 for each vehicle shall be deposited into the Transportation Investment Fund of
2005 created [
under
] 
in
 Section 
72-2-124
:
(i) $30 of the registration fees imposed under Subsections 
41-1a-1206
(1)(a), (1)(b),
(1)(f), (4), and (7);
(ii) $21 of the registration fees imposed under Subsections 
41-1a-1206
(1)(c)(i) and
(1)(c)(ii);
(iii) $2.50 of the registration fee imposed under Subsection 
41-1a-1206
(1)(e)(ii);
(iv) $23 of the registration fee imposed under Subsection 
41-1a-1206
(1)(d)(i);
(v) $24.50 of the registration fee imposed under Subsection 
41-1a-1206
(1)(e)(i); and
(vi) $1 of the registration fee imposed under Subsection 
41-1a-1206
(1)(d)(ii).
(b) The following portions of the registration fees collected for each vehicle registered
for a six-month registration period under Section 
41-1a-215.5
 shall be deposited into the
Transportation Investment Fund of 2005 created [
by
] 
in
 Section 
72-2-124
:
(i) $23.25 of each registration fee collected under Subsection 
41-1a-1206
(2)(a)(i); and
(ii) $23 of each registration fee collected under Subsection 
41-1a-1206
(2)(a)(ii).
(7) (a) Ninety-four cents of each registration fee imposed under Subsections
41-1a-1206
(1)(a) and (b) for each vehicle shall be deposited into the Public Safety Restricted
Account created in Section 
53-3-106
.
(b) Seventy-one cents of each registration fee imposed under Subsections
41-1a-1206
(2)(a) and (b) for each vehicle registered for a six-month registration period under
Section 
41-1a-215.5
 shall be deposited into the Public Safety Restricted Account created in
Section 
53-3-106
.
(8) (a) One dollar of each registration fee imposed under Subsections 
41-1a-1206
(1)(a)
and (b) for each vehicle shall be deposited into the Motor Vehicle Safety Impact Restricted
Account created in Section 
53-8-214
.
(b) One dollar of each registration fee imposed under Subsections 
41-1a-1206
(2)(a)
and (b) for each vehicle registered for a six-month registration period under Section
41-1a-215.5
 shall be deposited into the Motor Vehicle Safety Impact Restricted Account
created in Section 
53-8-214
.
(9) Fifty cents of each registration fee imposed under Subsection 
41-1a-1206
(1)(a) for
each motorcycle shall be deposited into the [
Spinal Cord and Brain Injury Rehabilitation
]
Neuro-Rehabilitation
 Fund created in Section 
26-54-102
.
Section 7. Section 
41-6a-1406
 is amended to read:
41-6a-1406.
Removal and impoundment of vehicles -- Reporting and notification
requirements -- Administrative impound fee -- Refunds -- Possessory lien -- Rulemaking.
(1) If a vehicle, vessel, or outboard motor is removed or impounded as provided under
Section 
41-1a-1101
, 
41-6a-527
, 
41-6a-1405
, 
41-6a-1408
, or 
73-18-20.1
 by an order of a peace
officer or by an order of a person acting on behalf of a law enforcement agency or highway
authority, the removal or impoundment of the vehicle, vessel, or outboard motor shall be at the
expense of the owner.
(2) The vehicle, vessel, or outboard motor under Subsection (1) shall be removed or
impounded to a state impound yard.
(3) The peace officer may move a vehicle, vessel, or outboard motor or cause it to be
removed by a tow truck motor carrier that meets standards established:
(a) under Title 72, Chapter 9, Motor Carrier Safety Act; and
(b) by the department under Subsection (10).
(4) (a) A report described in this Subsection (4) is required for a vehicle, vessel, or
outboard motor that is:
(i) removed or impounded as described in Subsection (1); or
(ii) removed or impounded by any law enforcement or government entity.
(b) Before noon on the next business day after the date of the removal of the vehicle,
vessel, or outboard motor, a report of the removal shall be sent to the Motor Vehicle Division
by:
(i) the peace officer or agency by whom the peace officer is employed; and
(ii) the tow truck operator or the tow truck motor carrier by whom the tow truck
operator is employed.
(c) The report shall be in a form specified by the Motor Vehicle Division and shall
include:
(i) the operator's name, if known;
(ii) a description of the vehicle, vessel, or outboard motor;
(iii) the vehicle identification number or vessel or outboard motor identification
number;
(iv) the license number, temporary permit number, or other identification number
issued by a state agency;
(v) the date, time, and place of impoundment;
(vi) the reason for removal or impoundment;
(vii) the name of the tow truck motor carrier who removed the vehicle, vessel, or
outboard motor; and
(viii) the place where the vehicle, vessel, or outboard motor is stored.
(d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
State Tax Commission shall make rules to establish proper format and information required on
the form described in this [
subsection
] 
Subsection
 (4).
(e) Until the tow truck operator or tow truck motor carrier reports the removal as
required under this Subsection (4), a tow truck motor carrier or impound yard may not:
(i) collect any fee associated with the removal; and
(ii) begin charging storage fees.
(5) (a) Except as provided in Subsection (5)(e) and upon receipt of the report, the
Motor Vehicle Division shall give notice, in the manner described in Section 
41-1a-114
, to the
following parties with an interest in the vehicle, vessel, or outboard motor, as applicable:
(i) the registered owner;
(ii) any lien holder; or
(iii) a dealer, as defined in Section 
41-1a-102
, if the vehicle, vessel, or outboard motor
is currently operating under a temporary permit issued by the dealer, as described in Section
41-3-302
.
(b) The notice shall:
(i) state the date, time, and place of removal, the name, if applicable, of the person
operating the vehicle, vessel, or outboard motor at the time of removal, the reason for removal,
and the place where the vehicle, vessel, or outboard motor is stored;
(ii) state that the registered owner is responsible for payment of towing, impound, and
storage fees charged against the vehicle, vessel, or outboard motor;
(iii) state the conditions that must be satisfied before the vehicle, vessel, or outboard
motor is released; and
(iv) inform the parties described in Subsection (5)(a) of the division's intent to sell the
vehicle, vessel, or outboard motor, if, within 30 days after the day of the removal or
impoundment under this section, one of the parties fails to make a claim for release of the
vehicle, vessel, or outboard motor.
(c) Except as provided in Subsection (5)(e) and if the vehicle, vessel, or outboard
motor is not registered in this state, the Motor Vehicle Division shall make a reasonable effort
to notify the parties described in Subsection (5)(a) of the removal and the place where the
vehicle, vessel, or outboard motor is stored.
(d) The Motor Vehicle Division shall forward a copy of the notice to the place where
the vehicle, vessel, or outboard motor is stored.
(e) The Motor Vehicle Division is not required to give notice under this Subsection (5)
if a report was received by a tow truck operator or tow truck motor carrier reporting a tow truck
service in accordance with Subsection 
72-9-603
(1)(a)(i).
(6) (a) The vehicle, vessel, or outboard motor shall be released after a party described
in Subsection (5)(a):
(i) makes a claim for release of the vehicle, vessel, or outboard motor at any office of
the State Tax Commission;
(ii) presents identification sufficient to prove ownership of the impounded vehicle,
vessel, or outboard motor;
(iii) completes the registration, if needed, and pays the appropriate fees;
(iv) if the impoundment was made under Section 
41-6a-527
, pays an administrative
impound fee of $400; and
(v) pays all towing and storage fees to the place where the vehicle, vessel, or outboard
motor is stored.
(b) (i) Twenty-nine dollars of the administrative impound fee assessed under
Subsection (6)(a)(iv) shall be dedicated credits to the Motor Vehicle Division;
(ii) $147 of the administrative impound fee assessed under Subsection (6)(a)(iv) shall
be deposited into the Department of Public Safety Restricted Account created in Section
53-3-106
;
(iii) $20 of the administrative impound fee assessed under Subsection (6)(a)(iv) shall
be deposited [
in
] 
into
 the [
Spinal Cord and Brain Injury Rehabilitation Fund
]
Neuro-Rehabilitation Fund created in Section 
26-54-102
; and
(iv) the remainder of the administrative impound fee assessed under Subsection
(6)(a)(iv) shall be deposited into the General Fund.
(c) The administrative impound fee assessed under Subsection (6)(a)(iv) shall be
waived or refunded by the State Tax Commission if the registered owner, lien holder, or
owner's agent presents written evidence to the State Tax Commission that:
(i) the Driver License Division determined that the arrested person's driver license
should not be suspended or revoked under Section 
53-3-223
 or 
41-6a-521
 as shown by a letter
or other report from the Driver License Division presented within 180 days after the day on
which the Driver License Division mailed the final notification; or
(ii) the vehicle was stolen at the time of the impoundment as shown by a copy of the
stolen vehicle report presented within 180 days after the day of the impoundment.
(d) A tow truck operator, a tow truck motor carrier, and an impound yard shall accept
payment by cash and debit or credit card for a removal or impoundment under Subsection (1)
or any service rendered, performed, or supplied in connection with a removal or impoundment
under Subsection (1).
(e) The owner of an impounded vehicle may not be charged a fee for the storage of the
impounded vehicle, vessel, or outboard motor if:
(i) the vehicle, vessel, or outboard motor is being held as evidence; and
(ii) the vehicle, vessel, or outboard motor is not being released to a party described in
Subsection [
5(a)
] 
(5)(a)
, even if the party satisfies the requirements to release the vehicle,
vessel, or outboard motor under this Subsection (6).
(7) (a) For an impounded vehicle, vessel, or outboard motor not claimed by a party
described in Subsection (5)(a) within the time prescribed by Section 
41-1a-1103
, the Motor
Vehicle Division shall issue a certificate of sale for the impounded vehicle, vessel, or outboard
motor as described in Section 
41-1a-1103
.
(b) The date of impoundment is considered the date of seizure for computing the time
period provided under Section 
41-1a-1103
.
(8) A party described in Subsection (5)(a) that pays all fees and charges incurred in the
impoundment of the owner's vehicle, vessel, or outboard motor has a cause of action for all the
fees and charges, together with damages, court costs, and attorney fees, against the operator of
the vehicle, vessel, or outboard motor whose actions caused the removal or impoundment.
(9) Towing, impound fees, and storage fees are a possessory lien on the vehicle, vessel,
or outboard motor.
(10) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the department shall make rules setting the performance standards for towing companies to be
used by the department.
(11) (a) The Motor Vehicle Division may specify that a report required under
Subsection (4) be submitted in electronic form utilizing a database for submission, storage, and
retrieval of the information.
(b) (i) Unless otherwise provided by statute, the Motor Vehicle Division or the
administrator of the database may adopt a schedule of fees assessed for utilizing the database.
(ii) The fees under this Subsection (11)(b) shall:
(A) be reasonable and fair; and
(B) reflect the cost of administering the database.
Section 8. Section 
41-22-8
 is amended to read:
41-22-8.
Registration fees.
(1) The division, after notifying the commission, shall establish the fees that shall be
paid in accordance with this chapter, subject to the following:
(a) (i) Except as provided in Subsection (1)(a)(ii) or (iii), the fee for each off-highway
vehicle registration may not exceed $35.
(ii) The fee for each snowmobile registration may not exceed $26.
(iii) The fee for each street-legal all-terrain vehicle may not exceed $72.
(b) The fee for each duplicate registration card may not exceed $3.
(c) The fee for each duplicate registration sticker may not exceed $5.
(2) A fee may not be charged for an off-highway vehicle that is owned and operated by
the United States Government, this state, or its political subdivisions.
(3) (a) In addition to the fees under this section, Section 
41-22-33
, and Section
41-22-34
, the Motor Vehicle Division shall require a person to pay one dollar to register an
off-highway vehicle under Section 
41-22-3
.
(b) The Motor Vehicle Division shall deposit the fees the Motor Vehicle Division
collects under Subsection (3)(a) into the [
Spinal Cord and Brain Injury Rehabilitation
]
Neuro-Rehabilitation
 Fund described in Section 
26-54-102
.
Section 9. Section 
63I-1-226
 is amended to read:
63I-1-226.
Repeal dates: Titles 26 through 26B.
(1) Section 
26-1-7.5
, which creates the Utah Health Advisory Council, is repealed July
1, 2025.
[
(2) Section 
26-1-40
 is repealed July 1, 2022.
]
[
(3)
] 
(2)
 Section 
26-1-41
 is repealed July 1, 2026.
[
(4)
] 
(3)
 Section 
26-1-43
 is repealed December 31, 2025.
[
(5)
] 
(4)
 Section 
26-7-10
 is repealed July 1, 2025.
[
(6)
] 
(5)
 Subsection 
26-7-11
(5), regarding reports to the Legislature, is repealed July 1,
2028.
[
(7)
] 
(6)
 Section 
26-7-14
 is repealed December 31, 2027.
[
(8)
] 
(7)
 Section 
26-8a-603
 is repealed July 1, 2027.
[
(9)
] 
(8)
 Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed
July 1, 2025.
[
(10)
] 
(9)
 Subsection 
26-10-6
(5), which creates the Newborn Hearing Screening
Committee, is repealed July 1, 2026.
[
(11)
] 
(10)
 Section 
26-10b-106
, which creates the Primary Care Grant Committee, is
repealed July 1, 2025.
[
(12) Subsection 
26-15c-104
(3), relating to a limitation on the number of
microenterprise home kitchen permits that may be issued, is repealed July 1, 2022.
]
[
(13)
] 
(11)
 Subsection 
26-18-2.6
(9), which addresses reimbursement for dental
hygienists, is repealed July 1, 2028.
[
(14)
] 
(12)
 Section 
26-18-27
 is repealed July 1, 2025.
[
(15)
] 
(13)
 Section 
26-18-28
 is repealed June 30, 2027.
[
(16)
] 
(14)
 Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed
July 1, 2027.
[
(17)
] 
(15)
 Subsection 
26-18-418
(2), the language that states "and the Behavioral
Health Crisis Response Commission created in Section 
63C-18-202
" is repealed July 1, 2023.
[
(18)
] 
(16)
 Section 
26-33a-117
 is repealed December 31, 2023.
[
(19)
] 
(17)
 Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1,
2024.
[
(20)
] 
(18)
 Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July
1, 2024.
[
(21)
] 
(19)
 Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is
repealed July 1, 2024.
[
(22)
] 
(20)
 Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July
1, 2024.
[
(23)
] 
(21)
 Section 
26-39-201
, which creates the Residential Child Care Licensing
Advisory Committee, is repealed July 1, 2024.
[
(24)
] 
(22)
 Section 
26-39-405
, Drinking water quality in child care centers, is repealed
July 1, 2027.
[
(25)
] 
(23)
 Section 
26-40-104
, which creates the Utah Children's Health Insurance
Program Advisory Council, is repealed July 1, 2025.
[
(26)
] 
(24)
 Section 
26-50-202
, which creates the [
Traumatic
] Brain Injury Advisory
Committee, is repealed July 1, 2025.
[
(27)
] 
(25)
 [
Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
Pediatric Neuro-Rehabilitation Fund
] 
Title 26, Chapter 54, Neuro-Rehabilitation Fund and
Pediatric Neuro-Rehabilitation Fund
, is repealed January 1, 2025.
[
(28)
] 
(26)
 Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed
July 1, 2026.
[
(29)
] 
(27)
 Title 26, Chapter 68, COVID-19 Vaccine Restrictions Act, is repealed July
1, 2024.
[
(30)
] 
(28)
 Section 
26-69-406
 is repealed July 1, 2025.
[
(31)
] 
(29)
 Subsection 
26B-1-204
(2)(i), related to the Residential Child Care Licensing
Advisory Committee, is repealed July 1, 2024.
[
(32)
] 
(30)
 Subsection 
26B-1-204
(2)(k), related to the Primary Care Grant Committee,
is repealed July 1, 2025.
Section 10. Section 
63I-1-241
 is amended to read:
63I-1-241.
Repeal dates: Title 41.
(1) Subsection 
41-1a-1201
(9), related to the [
Spinal Cord and Brain Injury
Rehabilitation
] 
Neuro-Rehabilitation
 Fund, is repealed January 1, 2025.
(2) Section 
41-3-106
, which creates an advisory board related to motor vehicle
business regulation, is repealed July 1, 2024.
(3) The following subsections addressing lane filtering are repealed on July 1, 2027:
(a) Subsection 
41-6a-102
(31) that defines "lane filtering";
(b) Subsection 
41-6a-704
(5); and
(c) Subsection 
41-6a-710
(1)(c).
(4) Subsection [
41-6a-1406
(6)(c)(iii)
] 
41-6a-1406
(6)(b)(iii)
, related to the [
Spinal Cord
and Brain Injury Rehabilitation
] 
Neuro-Rehabilitation
 Fund, is repealed January 1, 2025.
(5) Subsections 
41-22-2
(1) and [
41-22-10
(1)(a)
] 
41-22-10
(1)
, which authorize an
advisory council that includes in the advisory council's duties addressing off-highway vehicle
issues, are repealed July 1, 2027.
(6) Subsection 
41-22-8
(3), related to the [
Spinal Cord and Brain Injury Rehabilitation
]
Neuro-Rehabilitation
 Fund, is repealed January 1, 2025.
Section 11. 
Repealer.
This bill repeals:
Section 
26-50-101
,
Title.
Section 12. 
Revisor instructions.
The Legislature intends that the Office of Legislative Research and General Counsel, in
preparing the Utah Code database for publication, replace references added during the 2023
General Session as follows:
(1) replace "Traumatic Brain Injury Fund" with "Brain Injury Fund";
(2) replace "Traumatic Brain Injury Advisory Committee" with "Brain Injury Advisory
Committee";
(3) replace "Spinal Cord and Brain Injury Rehabilitation Fund" with
"Neuro-Rehabilitation Fund"; and
(4) replace "Spinal Cord and Brain Injury Rehabilitation Fund and Pediatric
Neuro-Rehabilitation Fund Advisory Committee" with "Neuro-Rehabilitation Fund and
Pediatric Neuro-Rehabilitation Fund Advisory Committee".