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8 LONG TITLE
9 General Description:
10 This bill creates and establishes duties for the Education and Mental Health
11 Coordinating Council.
12 Highlighted Provisions:
13 This bill:
14 ▸ defines terms;
15 ▸ creates the Education and Mental Health Coordinating Council (council);
16 ▸ provides for the membership of the council;
17 ▸ requires the council to make certain findings and recommendations regarding
18 behavioral health support to youth and families within the state;
19 ▸ requires certain regular reports to the president of the Senate, the speaker of the
20 House of Representatives, the Education Interim Committee, and the Health and
21 Human Services Interim Committee;
22 ▸ establishes a sunset date; and
23 ▸ makes technical and conforming changes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 AMENDS:
30 63I-1-263, as last amended by Laws of Utah 2020, Chapters 82, 152, 154, 199, 230,
31 303, 322, 336, 354, 360, 375, 405 and last amended by Coordination Clause, Laws
32 of Utah 2020, Chapter 360
33 ENACTS:
34 63C-23-101, Utah Code Annotated 1953
35 63C-23-102, Utah Code Annotated 1953
36 63C-23-201, Utah Code Annotated 1953
37 63C-23-202, Utah Code Annotated 1953
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39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 63C-23-101 is enacted to read:
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43 63C-23-101. Title.
44 This chapter is known as "Education and Mental Health Coordinating Council."
45 Section 2. Section 63C-23-102 is enacted to read:
46 63C-23-102. Definitions.
47 As used in this section:
48 (1) "Council" means the Education and Mental Health Coordinating Council created in
49 Section 63C-23-201.
50 (2) "Local education agency" or "LEA" means the same as that term is defined in
51 Section 53E-1-102.
52 (3) "Local mental health authority" means a local mental health authority described in
53 Section 17-42-301.
54 (4) "Local substance abuse authority" means a local substance abuse authority
55 described in Section 17-43-201.
56 Section 3. Section 63C-23-201 is enacted to read:
57 63C-23-201. Education and Mental Health Coordinating Council -- Membership
58 -- Quorum and voting requirements -- Compensation -- Staff support.
59 (1) There is created the Education and Mental Health Coordinating Council to:
60 (a) provide action-oriented guidance to legislative and other state leaders on how to
61 meet the behavioral health needs, including mental health and substance use issues, facing
62 youth and families within the state; and
63 (b) ensure close collaboration and alignment with existing statewide behavioral health
64 efforts and groups, including:
65 (i) the Behavioral Health Crisis Response Commission created in Section 63C-18-202;
66 and
67 (ii) the Utah Substance Use and Mental Health Advisory Council created in Section
68 63M-7-301.
69 (2) The council consists of the following members:
70 (a) a member of the House of Representatives whom the speaker of the House of
71 Representatives appoints;
72 (b) a member of the Senate whom the president of the Senate appoints;
73 (c) an individual with expertise in behavioral health whom the governor appoints;
74 (d) the state superintendent of public instruction appointed under Section 53E-3-301 or
75 the state superintendent's designee;
76 (e) the chief executive officer of the Huntsman Mental Health Institute at the
77 University of Utah or the chief executive officer's designee;
78 (f) the director of the Division of Substance Abuse and Mental Health or the director's
79 designee;
80 (g) the commissioner of higher education appointed under Section 53B-1-408 or the
81 commissioner's designee; and
82 (h) the following individuals whom the president of the Senate and the speaker of the
83 House of Representatives jointly appoint:
84 (i) a community-oriented behavioral health leader from the private sector;
85 (ii) the president or chief executive officer of an association that represents hospitals
86 within the state;
87 (iii) a community health executive from an academic medical system;
88 (iv) a community health executive from an integrated healthcare system;
89 (v) the president or chief executive officer of a nonprofit organization that provides
90 comprehensive mental health care to children and families across the socioeconomic spectrum;
91 and
92 (vi) a mental health research expert.
93 (3) (a) The members described in Subsections (2)(a) and (2)(h)(i) shall serve as
94 co-chairs of the council.
95 (b) A council member whom the speaker of the House of Representatives and the
96 president of the Senate jointly appoint under Subsection (2)(h), and the council member whom
97 the governor appoints under Subsection (2)(c), shall serve a term of two years.
98 (c) The speaker of the House of Representatives, the president of the Senate, and the
99 governor shall:
100 (i) make the initial appointments described in Subsection (2) before July 1, 2021; and
101 (ii) make appointments for subsequent terms for the council positions described in
102 Subsection (2)(b) before July 1 of each odd-numbered year, by:
103 (A) reappointing the council member whose term expires under Subsection (3)(b); or
104 (B) appointing a new council member.
105 (d) The speaker of the House of Representatives and the president of the Senate may
106 change the appointment described in Subsections (2)(a) and (b) at any time.
107 (4) (a) The salary and expenses of a council member who is a legislator shall be paid in
108 accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator
109 Compensation.
110 (b) A council member who is not a legislator:
111 (i) may not receive compensation or benefits for the member's service on the council;
112 and
113 (ii) may receive per diem and reimbursement for travel expenses that the council
114 member incurs as a council member at the rates that the Division of Finance establishes under:
115 (A) Sections 63A-3-106 and 63A-3-107; and
116 (B) rules that the Division of Finance makes under Sections 63A-3-106 and
117 63A-3-107.
118 (5) (a) A majority of the council members constitutes a quorum.
119 (b) The action of a majority of a quorum constitutes an action of the council.
120 (6) The Office of Legislative Research and General Counsel shall provide staff support
121 to the council.
122 Section 4. Section 63C-23-202 is enacted to read:
123 63C-23-202. Council duties -- Reporting requirements.
124 (1) The council shall:
125 (a) meet at least twice per quarter; and
126 (b) make findings and recommendations to:
127 (i) generate a common framework for preventing and addressing mild, moderate, and
128 serious behavioral health concerns that youth within the state face;
129 (ii) clarify roles among LEAs, local mental health authorities, local substance abuse
130 authorities, and other behavioral health partners regarding the practical and legal obligations of
131 screening, assessment, and the provision of care; and
132 (iii) facilitate joint development of state and local plans among LEAs, local mental
133 health authorities, local substance abuse authorities, and other behavioral health partners that:
134 (A) describe how the entities will collaborate to meet the behavioral health needs of
135 youth within the state; and
136 (B) provide clarity and consistency in the standardization, collection, analysis, and
137 application of behavioral health-related data to drive improvement.
138 (2) At least once per quarter, the council co-chairs shall report to the speaker of the
139 House of Representatives and the president of the Senate regarding the findings and
140 recommendations described in Subsection (1)(b).
141 (3) At or before the November interim meeting, the council shall report the council's
142 findings and recommendations described in Subsection (1)(b) to the Education Interim
143 Committee and the Health and Human Services Interim Committee.
144 Section 5. Section 63I-1-263 is amended to read:
145 63I-1-263. Repeal dates, Titles 63A to 63N.
146 (1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
147 (a) Subsection 63A-1-201(1) is repealed;
148 (b) Subsection 63A-1-202(2)(c), the language "using criteria established by the board"
149 is repealed;
150 (c) Section 63A-1-203 is repealed;
151 (d) Subsections 63A-1-204(1) and (2), the language "After consultation with the board,
152 and" is repealed; and
153 (e) Subsection 63A-1-204(1)(b), the language "using the standards provided in
154 Subsection 63A-1-203(3)(c)" is repealed.
155 (2) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
156 improvement funding, is repealed July 1, 2024.
157 (3) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
158 2023.
159 (4) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
160 Committee, are repealed July 1, 2023.
161 (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
162 1, 2028.
163 (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
164 2025.
165 (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
166 2024.
167 (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
168 repealed July 1, 2021.
169 (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
170 July 1, 2023.
171 (10) Title 63C, Chapter 21, Outdoor Adventure Commission, is repealed July 1, 2025.
172 (11) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
173 repealed July 1, 2026.
174 [
175 1, 2025.
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177 Disabilities Advisory Board, is repealed July 1, 2026.
178 [
179 July 1, 2025.
180 [
181 July 1, 2024.
182 [
183 2026.
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185 repealed July 1, 2026.
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187 System Restricted Account, is repealed July 1, 2022.
188 (b) When repealing Subsection 63J-1-602.1(58), the Office of Legislative Research and
189 General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
190 necessary changes to subsection numbering and cross references.
191 [
192 Marriage Commission, is repealed July 1, 2023.
193 [
194 repealed July 1, 2022.
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196 Commission, is repealed January 1, 2025.
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198 Committee, is repealed July 1, 2027.
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200 Advisory Committee, is repealed on July 1, 2021.
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202 on January 1, 2023:
203 (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
204 repealed;
205 (b) Section 63M-7-305, the language that states "council" is replaced with
206 "commission";
207 (c) Subsection 63M-7-305(1) is repealed and replaced with:
208 "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
209 (d) Subsection 63M-7-305(2) is repealed and replaced with:
210 "(2) The commission shall:
211 (a) provide ongoing oversight of the implementation, functions, and evaluation of the
212 Drug-Related Offenses Reform Act; and
213 (b) coordinate the implementation of Section 77-18-1.1 and related provisions in
214 Subsections 77-18-1(5)(b)(iii) and (iv).".
215 [
216 63M-7-504, is repealed July 1, 2027.
217 [
218 July 1, 2022.
219 [
220 2021.
221 [
222 repealed January 1, 2023.
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224 Coordinating Council, is repealed July 1, 2024.
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226 [
227 [
228 January 1, 2021.
229 (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
230 calendar years beginning on or after January 1, 2021.
231 (c) Notwithstanding Subsection (31)(b), an entity may carry forward a tax credit in
232 accordance with Section 59-9-107 if:
233 (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
234 31, 2020; and
235 (ii) the qualified equity investment that is the basis of the tax credit is certified under
236 Section 63N-2-603 on or before December 31, 2023.
237 [
238 2023.
239 [
240 repealed July 1, 2023.
241 [
242 July 1, 2025.
243 [
244 Program, is repealed January 1, 2023.
245 [
246 January 1, 2023.