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8 LONG TITLE
9 Committee Note:
10 The Health and Human Services Interim Committee recommended this bill.
11 Legislative Vote: 11 voting for 0 voting against 6 absent
12 General Description:
13 This bill creates the Youth Electronic Cigarette, Marijuana, and Other Drug Prevention
14 Program within the Department of Health.
15 Highlighted Provisions:
16 This bill:
17 ▸ establishes a Youth Electronic Cigarette, Marijuana, and Other Drug Prevention
18 Program within the Department of Health;
19 ▸ creates a committee to advise the department on the Youth Electronic Cigarette,
20 Marijuana, and Other Drug Prevention Program;
21 ▸ creates the Electronic Cigarette Substance and Nicotine Product Tax Restricted
22 Account; and
23 ▸ establishes various reporting requirements and a sunset date.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 AMENDS:
30 26-1-7, as last amended by Laws of Utah 2017, Chapter 419
31 63I-1-226, as last amended by Laws of Utah 2019, Chapters 67, 136, 246, 289, 455 and
32 last amended by Coordination Clause, Laws of Utah 2019, Chapter 246
33 ENACTS:
34 26-7-10, Utah Code Annotated 1953
35 59-14-807, Utah Code Annotated 1953
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 26-1-7 is amended to read:
39 26-1-7. Committees within department.
40 (1) There are created within the department the following committees:
41 (a) Health Facility Committee;
42 (b) State Emergency Medical Services Committee;
43 (c) Air Ambulance Committee;
44 (d) Health Data Committee;
45 (e) Utah Health Care Workforce Financial Assistance Program Advisory Committee;
46 (f) Residential Child Care Licensing Advisory Committee;
47 (g) Child Care Center Licensing Committee; [
48 (h) Primary Care Grant Committee[
49 (i) Youth Electronic Cigarette, Marijuana, and Other Drug Prevention Committee.
50 (2) The department shall:
51 (a) consolidate advisory groups and committees with other committees or advisory
52 groups as appropriate to create greater efficiencies and budgetary savings for the department;
53 and
54 (b) create in writing, time-limited and subject-limited duties for the advisory groups or
55 committees as necessary to carry out the responsibilities of the department.
56 Section 2. Section 26-7-10 is enacted to read:
57 26-7-10. Youth Electronic Cigarette, Marijuana, and Other Drug Prevention
58 Program.
59 (1) As used in this section:
60 (a) "Committee" means the Youth Electronic Cigarette, Marijuana, and Other Drug
61 Prevention Committee created in Section 26-1-7.
62 (b) "Program" means the Youth Electronic Cigarette, Marijuana, and Other Drug
63 Prevention Program created in this section.
64 (c) "Restricted account" means the Electronic Cigarette Substance and Nicotine
65 Product Tax Restricted Account created in Section 59-14-807.
66 (2) (a) There is created within the department the Youth Electronic Cigarette,
67 Marijuana, and Other Drug Prevention Program.
68 (b) In consultation with the committee, the department shall:
69 (i) establish guidelines for the use of funds appropriated to the program;
70 (ii) ensure that guidelines developed under Subsection (2)(b)(i) are evidence-based and
71 appropriate for the population targeted by the program; and
72 (iii) subject to appropriations from the Legislature, fund initiatives to prevent use of
73 electronic cigarettes, marijuana, and other drugs by youth.
74 (3) (a) The committee shall advise the department on:
75 (i) preventing use of electronic cigarettes, marijuana, and other drugs by youth in the
76 state;
77 (ii) developing the guidelines described in Subsection (2)(b)(i); and
78 (iii) implementing the provisions of the program.
79 (b) The executive director shall:
80 (i) appoint members of the committee; and
81 (ii) consult with the Utah Substance Use and Mental Health Advisory Council created
82 in Section 63M-7-301 when making the appointment under Subsection (3)(b)(i).
83 (c) A member of the committee may not receive compensation or benefits for the
84 member's service on the committee, but may receive per diem and travel expenses in
85 accordance with:
86 (i) Section 63A-3-106;
87 (ii) Section 63A-3-107; and
88 (iii) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
89 (d) The department shall provide staff support to the committee.
90 (4) On or before October 31 of each year, the department shall report to:
91 (a) the Health and Human Services Interim Committee regarding:
92 (i) the use of funds appropriated to the program;
93 (ii) the impact and results of the program, including the effectiveness of each program
94 funded under Subsection (2)(b)(iii), during the previous fiscal year; and
95 (iii) any recommendations for legislation; and
96 (b) the Utah Substance Use and Mental Health Advisory Council created in Section
97 63M-7-301, regarding:
98 (i) the effectiveness of each program funded under Subsection (2)(b)(iii) in preventing
99 youth use of electronic cigarettes, marijuana, and other drugs; and
100 (ii) any collaborative efforts and partnerships established by the program with public
101 and private entities to prevent youth use of electronic cigarettes, marijuana, and other drugs.
102 Section 3. Section 59-14-807 is enacted to read:
103 59-14-807. Electronic Cigarette Substance and Nicotine Product Tax Restricted
104 Account.
105 (1) There is created within the General Fund a restricted account known as the
106 "Electronic Cigarette Substance and Nicotine Product Tax Restricted Account."
107 (2) The Electronic Cigarette Substance and Nicotine Product Tax Restricted Account
108 consists of amounts appropriated by the Legislature.
109 Section 4. Section 63I-1-226 is amended to read:
110 63I-1-226. Repeal dates, Title 26.
111 (1) Section 26-1-40 is repealed July 1, 2022.
112 (2) Section 26-7-10 is repealed July 1, 2025.
113 [
114 July 1, 2025.
115 [
116 [
117 [
118 Crisis Line Commission created in Section 63C-18-202" is repealed July 1, 2023.
119 [
120 (7) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024.
121 (8) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1, 2024.
122 (9) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is repealed
123 July 1, 2024.
124 (10) Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July 1, 2024.
125 (11) Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
126 Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2023.
127 (12) Subsection 26-61a-108(2)(e)(i), related to the Native American Legislative
128 Liaison Committee, is repealed July 1, 2022.
129 (13) Title 26, Chapter 63, Nurse Home Visiting Pay-for-Success Program, is repealed
130 July 1, 2026.