1     
EDUCATION AND MENTAL HEALTH COORDINATING

2     
COUNCIL

3     
2021 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Val L. Peterson

6     
Senate Sponsor: Ann Millner

7     

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
38     

39     Be it enacted by the Legislature of the state of Utah:
40          Section 1. Section 63C-23-101 is enacted to read:
41     
CHAPTER 23. EDUCATION AND MENTAL HEALTH COORDINATING

42     
COUNCIL

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          [(11)] (12) Title 63F, Chapter 2, Data Security Management Council, is repealed July
175     1, 2025.
176          [(12)] (13) Section 63G-6a-805, which creates the Purchasing from Persons with
177     Disabilities Advisory Board, is repealed July 1, 2026.
178          [(13)] (14) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed
179     July 1, 2025.
180          [(14)] (15) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed
181     July 1, 2024.
182          [(15)] (16) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1,

183     2026.
184          [(16)] (17) Subsection 63J-1-602.1(14), Nurse Home Visiting Restricted Account is
185     repealed July 1, 2026.
186          [(17)] (18) (a) Subsection 63J-1-602.1(58), relating to the Utah Statewide Radio
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          [(18)] (19) Subsection 63J-1-602.2(4), referring to dedicated credits to the Utah
192     Marriage Commission, is repealed July 1, 2023.
193          [(19)] (20) Subsection 63J-1-602.2(5), referring to the Trip Reduction Program, is
194     repealed July 1, 2022.
195          [(20)] (21) Subsection 63J-1-602.2(25), related to the Utah Seismic Safety
196     Commission, is repealed January 1, 2025.
197          [(21)] (22) Title 63J, Chapter 4, Part 5, Resource Development Coordinating
198     Committee, is repealed July 1, 2027.
199          [(22)] (23) Subsection 63J-4-608(3), which creates the Federal Land Application
200     Advisory Committee, is repealed on July 1, 2021.
201          [(23)] (24) In relation to the Utah Substance Use and Mental Health Advisory Council,
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          [(24)] (25) The Crime Victim Reparations and Assistance Board, created in Section
216     63M-7-504, is repealed July 1, 2027.
217          [(25)] (26) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed
218     July 1, 2022.
219          [(26)] (27) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
220     2021.
221          [(27)] (28) Subsection 63N-1-301(4)(c), related to the Talent Ready Utah Board, is
222     repealed January 1, 2023.
223          [(28)] (29) Title 63N, Chapter 1, Part 5, Governor's Economic Development
224     Coordinating Council, is repealed July 1, 2024.
225          [(29)] (30) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
226          [(30)] (31) Section 63N-2-512 is repealed July 1, 2021.
227          [(31)] (32) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
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          [(32)] (33) Subsections 63N-3-109(2)(e) and 63N-3-109(2)(f)(i) are repealed July 1,
238     2023.
239          [(33)] (34) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is
240     repealed July 1, 2023.
241          [(34)] (35) Title 63N, Chapter 7, Part 1, Board of Tourism Development, is repealed
242     July 1, 2025.
243          [(35)] (36) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant
244     Program, is repealed January 1, 2023.

245          [(36)] (37) Title 63N, Chapter 12, Part 5, Talent Ready Utah Center, is repealed
246     January 1, 2023.