This document includes House Committee Amendments incorporated into the bill on Fri, Feb 28, 2020 at 11:21 AM by pflowers.
Representative Derrin R. Owens proposes the following substitute bill:


1     
EMERGENCY MEDICAL SERVICES AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Derrin R. Owens

5     
Senate Sponsor: David P. Hinkins

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to emergency medical services.
10     Highlighted Provisions:
11          This bill:
12          ▸     establishes the Emergency Medical Services System Account to be administered by
13     the Department of Health (department) for certain purposes related to emergency
14     medical services;
15          ▸     modifies the expenditure requirements for certain funds transferred to the
16     department;
17          ▸     requires the department to Ĥ→ [
appoint] hire ←Ĥ five regional emergency medical
17a     services
18     liaisons to serve the needs of certain rural counties;
19          ▸     requires the department to submit a report to the Health and Human Services
20     Interim Committee;
21          ▸     establishes a repeal date for the reporting requirement; and
22          ▸     provides that the department may use money in the Tourism Marketing Performance
23     Account for certain purposes related to emergency medical services.
24     Money Appropriated in this Bill:
25          This bill appropriates in Fiscal Year 2021:

26          ▸     to the Department of Health -- Family Health and Preparedness -- Emergency
27     Medical Services and Preparedness, as an ongoing appropriation:
28               •     From the Emergency Medical Services System Account, $4,000,000;
29          ▸     to the Emergency Medical Services System Account -- Emergency Medical
30     Services System Account, as an ongoing appropriation:
31               •     From the Tourism Marketing Performance Account, $4,000,000.
32     Other Special Clauses:
33          None
34     Utah Code Sections Affected:
35     AMENDS:
36          26-8a-207, as last amended by Laws of Utah 2011, Chapters 297 and 303
37          63I-2-226, as last amended by Laws of Utah 2019, Chapters 262, 393, 405 and last
38     amended by Coordination Clause, Laws of Utah 2019, Chapter 246
39          63N-7-301, as last amended by Laws of Utah 2019, Chapters 136 and 237
40     ENACTS:
41          26-8a-108, Utah Code Annotated 1953
42          26-8a-210, Utah Code Annotated 1953
43          26-8a-211, Utah Code Annotated 1953
44     

45     Be it enacted by the Legislature of the state of Utah:
46          Section 1. Section 26-8a-108 is enacted to read:
47          26-8a-108. Emergency Medical Services System Account.
48          (1) There is created within the General Fund a restricted account known as the
49     Emergency Medical Services System Account.
50          (2) The account consists of:
51          (a) interest earned on the account; and
52          (b) appropriations made by the Legislature.
53          (3) The department shall use:
54          (a) an amount equal to 25% of the money in the account for administrative costs
55     related to this chapter; and
56          (b) an amount equal to 75% of the money in the account for grants awarded in

57     accordance with Subsection 26-8a-207(3).
58          Section 2. Section 26-8a-207 is amended to read:
59          26-8a-207. Emergency medical services grant program.
60          (1) [(a)] The department shall receive as dedicated credits the amount established in
61     Section 51-9-403. That amount shall be transferred to the department by the Division of
62     Finance from funds generated by the surcharge imposed under Title 51, Chapter 9, Part 4,
63     Criminal Conviction Surcharge Allocation.
64          [(b) Funds transferred to the department under this section shall be used for
65     improvement of delivery of emergency medical services and administrative costs as described
66     in Subsection (2)(a). Appropriations to the department for the purposes enumerated in this
67     section shall be made from those dedicated credits.]
68          [(2) (a) The department may use the funds transferred to it under Subsection (1):]
69          (2) From the funds transferred to the department under Subsection (1), the department
70     shall use:
71          (a) an amount equal to 50% of the funds:
72          (i) to provide staff support; and
73          (ii) for other expenses incurred in:
74          (A) administration of grant funds; and
75          (B) other department administrative costs under this chapter[.]; and
76          (b) an amount equal to 50% of the funds to provide emergency medical services grants
77     in accordance with Subsection (3).
78          (3) (a) A recipient of a grant under this section shall actively provide emergency
79     medical services within the state.
80          [(b) After funding staff support, administrative expenses, and trauma system
81     development, the department and the committee shall make emergency medical services grants
82     from the remaining funds received as dedicated credits under Subsection (1). A recipient of a
83     grant under this Subsection (2)(b) shall actively provide emergency medical services within the
84     state.]
85          [(c) The department shall distribute not less than 25% of the funds, with the percentage
86     being authorized by a majority vote of the committee, as]
87          (b) (i) Subject to Subsection (3)(b)(ii), the department shall award per capita block

88     grants for use specifically related to the provision of emergency medical services to nonprofit
89     prehospital emergency medical services providers that are either licensed or designated and to
90     emergency medical services that are the primary emergency medical services for a service area.
91     The department shall determine the grant amounts by prorating available funds on a per capita
92     basis by county as described in department rule.
93          (ii) From the funds used to provide grants under Subsection (2)(b), the department
94     shall use the following amount for per capita block grants described in Subsection (3)(b)(i):
95          (A) in a fiscal year beginning on or after July 1, 2020, and before July 1, 2022, an
96     amount equal to 17% of the funds; and
97          (B) in a fiscal year beginning on or after July 1, 2022, an amount equal to 25% of the
98     funds.
99          [(d) The committee shall award the remaining funds as competitive grants for use
100     specifically related to the provision of emergency medical services based upon rules
101     established by the committee.]
102          (c) Subject to Subsections (3)(d) through (f), the committee shall use any remaining
103     grant funds to award competitive grants to licensed emergency medical services providers that
104     provide emergency medical services within counties of the third through sixth class, in
105     accordance with rules made by the committee.
106          (d) A grant awarded under Subsection (3)(c) shall be used:
107          (i) for the purchase of equipment, subject to Subsection (3)(e); or
108          (ii) for the recruitment, training, or retention of licensed emergency medical services
109     providers.
110          (e) A recipient of a grant under Subsection (3)(c) may not use more than $100,000 in
111     grant proceeds for the purchase of vehicles.
112          (f) A grant awarded for the purpose described in Subsection (3)(d)(ii) Ĥ→ [
is] may be
112a     awarded ←Ĥ ongoing for a
113     period of up to three years.
114          Section 3. Section 26-8a-210 is enacted to read:
115          26-8a-210. Regional Emergency Medical Services Liaisons -- Qualifications --
116     Duties.
117          (1) As used in this section:
118          (a) "Liaison" means a regional emergency medical services liaison Ĥ→ [
appointed]
118a     hired ←Ĥ under this

119     section.
120          (b) "Rural county" means a county of the third, fourth, fifth, or sixth class.
121          (2) The department shall Ĥ→ [
appoint] hire ←Ĥ five individuals to serve as regional
121a     emergency
122     medical services liaisons to:
123          (a) serve the needs of rural counties in providing emergency medical services in
124     accordance with this chapter;
125          (b) act as a liaison between the department and individuals or entities responsible for
126     emergency medical services in rural counties, including:
127          (i) emergency medical services providers;
128          (ii) local officials; and
129          (iii) local health departments or agencies;
130          (c) provide support and training to emergency medical services providers in rural
131     counties;
132          (d) assist rural counties in utilizing state and federal grant programs for financing
133     emergency medical services; and
134          (e) serve as emergency medical service personnel to assist licensed providers with
135     ambulance staffing needs within rural counties.
136          (3) Each liaison Ĥ→ [
appointed] hired ←Ĥ under Subsection (2):
137          (a) shall reside in a rural county;
138          (b) shall be licensed as an advanced emergency medical technician as defined in
139     Section 26-8c-102; and
140          (c) may hold one or more licenses in addition to the license described in Subsection
141     (3)(b).
142          (4) The department shall provide each liaison with a vehicle and other equipment in
143     accordance with rules established by the department.
144          Section 4. Section 26-8a-211 is enacted to read:
145          26-8a-211. Report.
146          The department shall report to the Health and Human Services Interim Committee
147     before November 30, 2022, regarding:
148          (1) the activities and accomplishments of the regional medical services liaisons
149     Ĥ→ [
appointed] hired ←Ĥ under Section 26-8a-210;

150          (2) the efficacy of the emergency medical services grant program established in Section
151     26-8a-207, including grant distribution;
152          (3) the condition of emergency medical services within the state, including emergency
153     medical services provider response times and personnel numbers; and
154          (4) the financial condition of the department, including department operational costs
155     under this chapter.
156          Section 5. Section 63I-2-226 is amended to read:
157          63I-2-226. Repeal dates -- Title 26.
158          (1) Subsection 26-7-8(3) is repealed January 1, 2027.
159          (2) Section 26-8a-107 is repealed July 1, 2024.
160          (3) Subsection 26-8a-203(3)(a)(i) is repealed January 1, 2023.
161          (4) Section 26-8a-211 is repealed July 1, 2023.
162          [(4)] (5) Subsection 26-18-2.3(5) is repealed January 1, 2020.
163          [(5)] (6) Subsection 26-18-2.4(3)(e) is repealed January 1, 2023.
164          [(6)] (7) Subsection 26-18-411(8), related to reporting on the health coverage
165     improvement program, is repealed January 1, 2023.
166          [(7)] (8) Subsection 26-18-604(2) is repealed January 1, 2020.
167          [(8)] (9) Subsection 26-21-28(2)(b) is repealed January 1, 2021.
168          [(9)] (10) Subsection 26-33a-106.1(2)(a) is repealed January 1, 2023.
169          [(10)] (11) Subsection 26-33a-106.5(6)(c)(iii) is repealed January 1, 2020.
170          [(11)] (12) Title 26, Chapter 46, Utah Health Care Workforce Financial Assistance
171     Program, is repealed July 1, 2027.
172          [(12)] (13) Subsection 26-50-202(7)(b) is repealed January 1, 2020.
173          [(13)] (14) Subsections 26-54-103(6)(d)(ii) and (iii) are repealed January 1, 2020.
174          [(14)] (15) Subsection 26-55-107(8) is repealed January 1, 2021.
175          [(15)] (16) Subsection 26-56-103(9)(d) is repealed January 1, 2020.
176          [(16)] (17) Title 26, Chapter 59, Telehealth Pilot Program, is repealed January 1, 2020.
177          [(17)] (18) Subsection 26-61-202(4)(b) is repealed January 1, 2022.
178          [(18)] (19) Subsection 26-61-202(5) is repealed January 1, 2022.
179          Section 6. Section 63N-7-301 is amended to read:
180          63N-7-301. Tourism Marketing Performance Account.

181          (1) There is created within the General Fund a restricted account known as the Tourism
182     Marketing Performance Account.
183          (2) The account shall be administered by GOED for the purposes listed in Subsection
184     (5).
185          (3) (a) The account shall earn interest.
186          (b) All interest earned on account money shall be deposited into the account.
187          (4) The account shall be funded by appropriations made to the account by the
188     Legislature in accordance with this section.
189          [(5) The executive director of GOED's Office of Tourism shall use account money
190     appropriated to GOED to pay for the statewide advertising, marketing, and branding campaign
191     for promotion of the state as conducted by GOED.]
192          (5) Money in the account shall be used:
193          (a) by the executive director of GOED's Office of Tourism to pay for the statewide
194     advertising, marketing, and branding campaign for promotion of the state as conducted by
195     GOED; or
196          (b) by the Department of Health to pay for emergency medical services in accordance
197     with Section 26-8a-108.
197a     Ĥ→ (6) For each fiscal year beginning on or after July 1, 2020, GOED shall annually allocate
197b     5% of the account money appropriated to GOED to the Department of Health to pay for
197c     emergency medical services in accordance with Section 26-8a-108. ←Ĥ
198          Ĥ→ [
(6)] (7) ←Ĥ (a) For each fiscal year beginning on or after July 1, 2007, GOED shall
198a     annually
199     allocate 10% of the account money appropriated to GOED to a sports organization for
200     advertising, marketing, branding, and promoting Utah in attracting sporting events into the
201     state.
202          (b) The sports organization shall:
203          (i) provide an annual written report to GOED that gives an accounting of the use of
204     funds the sports organization receives under this Subsection (6); and
205          (ii) promote the state and encourage economic growth in the state.
206          (c) For purposes of this Subsection (6), "sports organization" means an organization
207     that:
208          (i) is exempt from federal income taxation in accordance with Section 501(c)(3),
209     Internal Revenue Code;
210          (ii) maintains its principal location in the state;
211          (iii) has a minimum of 15 years experience in the state hosting, fostering, and attracting

212     major summer and winter sporting events statewide; and
213          (iv) was created to foster state, regional, national, and international sports competitions
214     in the state, to drive the state's Olympic and sports legacy, including competitions related to
215     Olympic sports, and to promote and encourage sports tourism throughout the state, including
216     advertising, marketing, branding, and promoting the state for the purpose of attracting sporting
217     events in the state.
218          Ĥ→ [
(7)] (8) ←Ĥ Money deposited into the account shall include a legislative appropriation
218a     from the
219     cumulative sales and use tax revenue increases described in Subsection (8), plus any additional
220     appropriation made by the Legislature.
221          Ĥ→ [
(8)] (9) ←Ĥ (a) In fiscal years 2006 through 2019, a portion of the state sales and use
221a     tax
222     revenues determined under this Subsection (8) shall be certified by the State Tax Commission
223     as a set-aside for the account, and the State Tax Commission shall report the amount of the
224     set-aside to the office, the Office of Legislative Fiscal Analyst, and the Division of Finance,
225     which shall set aside the certified amount for appropriation to the account.
226          (b) For fiscal years 2016 through 2019, the State Tax Commission shall calculate the
227     set-aside under this Subsection (8) in each fiscal year by applying one of the following
228     formulas: if the annual percentage change in the Consumer Price Index for All Urban
229     Consumers, as published by the Bureau of Labor Statistics of the United States Department of
230     Labor, for the fiscal year two years before the fiscal year in which the set-aside is to be made is:
231          (i) greater than 3%, and if the annual percentage change in the state sales and use tax
232     revenues attributable to the retail sales of tourist-oriented goods and services from the fiscal
233     year three years before the fiscal year in which the set-aside is to be made to the fiscal year two
234     years before the fiscal year in which the set-aside is to be made is greater than the annual
235     percentage change in the Consumer Price Index for the fiscal year two years before the fiscal
236     year in which the set-aside is to be made, then the difference between the annual percentage
237     change in the state sales and use tax revenues attributable to the retail sales of tourist-oriented
238     goods and services and the annual percentage change in the Consumer Price Index shall be
239     multiplied by an amount equal to the state sales and use tax revenues attributable to the retail
240     sales of tourist-oriented goods and services from the fiscal year three years before the fiscal
241     year in which the set-aside is to be made; or
242          (ii) 3% or less, and if the annual percentage change in the state sales and use tax

243     revenues attributable to the retail sales of tourist-oriented goods and services from the fiscal
244     year three years before the fiscal year in which the set-aside is to be made to the fiscal year two
245     years before the fiscal year in which the set-aside is to be made is greater than 3%, then the
246     difference between the annual percentage change in the state sales and use tax revenues
247     attributable to the retail sales of tourist-oriented goods and services and 3% shall be multiplied
248     by an amount equal to the state sales and use tax revenues attributable to the retail sales of
249     tourist-oriented goods and services from the fiscal year three years before the fiscal year in
250     which the set-aside is to be made.
251          (c) The total money appropriated to the account in a fiscal year under Subsections
252     (8)(a) and (b) may not exceed the amount appropriated to the account in the preceding fiscal
253     year by more than $3,000,000.
254          (d) As used in this Subsection (8), "state sales and use tax revenues" are revenues
255     collected under Subsections 59-12-103(2)(a)(i)(A) and 59-12-103(2)(c)(i).
256          (e) As used in this Subsection (8), "retail sales of tourist-oriented goods and services"
257     are calculated by adding the following percentages of sales from each business registered with
258     the State Tax Commission under one of the following codes of the 2012 North American
259     Industry Classification System of the federal Executive Office of the President, Office of
260     Management and Budget:
261          (i) 80% of the sales from each business under NAICS Codes:
262          (A) 532111 Passenger Car Rental;
263          (B) 53212 Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing;
264          (C) 5615 Travel Arrangement and Reservation Services;
265          (D) 7211 Traveler Accommodation; and
266          (E) 7212 RV (Recreational Vehicle) Parks and Recreational Camps;
267          (ii) 25% of the sales from each business under NAICS Codes:
268          (A) 51213 Motion Picture and Video Exhibition;
269          (B) 532292 Recreational Goods Rental;
270          (C) 711 Performing Arts, Spectator Sports, and Related Industries;
271          (D) 712 Museums, Historical Sites, and Similar Institutions; and
272          (E) 713 Amusement, Gambling, and Recreation Industries;
273          (iii) 20% of the sales from each business under NAICS Code 722 Food Services and

274     Drinking Places;
275          (iv) 18% of the sales from each business under NAICS Codes:
276          (A) 447 Gasoline Stations; and
277          (B) 81293 Parking Lots and Garages;
278          (v) 14% of the sales from each business under NAICS Code 8111 Automotive Repair
279     and Maintenance; and
280          (vi) 5% of the sales from each business under NAICS Codes:
281          (A) 445 Food and Beverage Stores;
282          (B) 446 Health and Personal Care Stores;
283          (C) 448 Clothing and Clothing Accessories Stores;
284          (D) 451 Sporting Goods, Hobby, Musical Instrument, and Book Stores;
285          (E) 452 General Merchandise Stores; and
286          (F) 453 Miscellaneous Store Retailers.
287          Section 7. Appropriation.
288          The following sums of money are appropriated for the fiscal year beginning July 1,
289     2020, and ending June 30, 2021. These are additions to amounts previously appropriated for
290     fiscal year 2021. The Legislature authorizes the State Division of Finance to transfer the
291     following amounts between the following funds or accounts as indicated. Expenditures and
292     outlays from the funds or accounts to which the money is transferred must be authorized by an
293     appropriation.
294     ITEM 1
295          To Department of Health -- Family Health and Preparedness
296               From Emergency Medical Services System Account
$4,000,000

297               Schedule of Programs:
298                    Emergency Medical Services and Preparedness     $4,000,000
299     ITEM 2
300          To Emergency Medical Services System Account
301               From Tourism Marketing Performance Account
$4,000,000

302               Schedule of Programs:
303                    Emergency Medical Services System Account     $4,000,000