Representative Ryan D. Wilcox proposes the following substitute bill:





Chief Sponsor: Ryan D. Wilcox

Senate Sponsor: Don L. Ipson

7     Cosponsors:
8     Cheryl K. Acton
9     Kera Birkeland
10     Jefferson S. Burton
11     Joel Ferry
12     Matthew H. Gwynn
Sandra Hollins
Kelly B. Miles
Carol Spackman Moss
Stephanie Pitcher
Judy Weeks Rohner
Angela Romero
Mike Schultz
Casey Snider
Andrew Stoddard
Stephen L. Whyte
Brad R. Wilson

15     General Description:
16          This bill creates a grant program for mental health resources for first responders.
17     Highlighted Provisions:
18          This bill:
19          ▸     defines terms;
20          ▸     requires all first responder agencies to provide mental health resources for
21     employees, spouses, children, and retirees;
22          ▸     provides for the Department of Public Safety to administer a grant program to
23     provide mental health resources; and
24          ▸     makes technical changes.

25     Money Appropriated in this Bill:
26          This bill appropriates in fiscal year 2023:
27          ▸     to Department of Public Safety -- Programs and Operations, as a one-time
28     appropriation:
29               •     from the General Fund, One-time, $5,000,000.
30     Other Special Clauses:
31          None
32     Utah Code Sections Affected:
33     AMENDS:
34          63I-2-262, as last amended by Laws of Utah 2021, Chapters 156, 204, and 278
35     ENACTS:
36          53-20-101, Utah Code Annotated 1953
37          53-20-102, Utah Code Annotated 1953
38          53-20-103, Utah Code Annotated 1953
39     REPEALS:
40          62A-15-120, as enacted by Laws of Utah 2021, Chapter 156

42     Be it enacted by the Legislature of the state of Utah:
43          Section 1. Section 53-20-101 is enacted to read:

45          53-20-101. Definitions.
46          As used in this chapter:
47          (1) "Crime scene investigator technician" means an individual employed by a law
48     enforcement agency to collect and analyze evidence from crime scenes and crime-related
49     incidents.
50          (2) "Department" means the Department of Public Safety.
51          (3) "First responder" means:
52          (a) a law enforcement officer, as defined in Section 53-13-103;
53          (b) an emergency medical technician, as defined in Section 26-8c-102;
54          (c) an advanced emergency medical technician, as defined in Section 26-8c-102;
55          (d) a paramedic, as defined in Section 26-8c-102;

56          (e) a firefighter, as defined in Section 34A-3-113;
57          (f) a dispatcher, as defined in Section 53-6-102;
58          (g) a correctional officer, as defined in Section 53-13-104;
59          (h) a special function officer, as defined in Section 53-13-105, employed by a local
60     sheriff;
61          (i) a search and rescue worker under the supervision of a local sheriff;
62          (j) a credentialed criminal justice system victim advocate as defined in Section
63     77-38-403 who responds to incidents with a law enforcement officer; or
64          (k) a crime scene investigator technician.
65          (4) "First responder agency" means a local district, municipality, interlocal entity, or
66     other political subdivision that employs a first responder to provide fire protection, paramedic,
67     law enforcement, or emergency services.
68          (5) "Mental health resources" means:
69          (a) an assessment to determine appropriate mental health treatment that is performed
70     by a mental health therapist;
71          (b) outpatient mental health treatment provided by a mental health therapist; or
72          (c) peer support services provided by a peer support specialist who is qualified to
73     provide peer support services under Subsection 62A-15-103(2)(h).
74          (6) "Mental health therapist" means the same as that term is defined in Section
75     58-60-102.
76          (7) "Plan" means a plan to implement or expand a program that provides mental health
77     resources to first responders for which the division awards a grant under this chapter.
78          Section 2. Section 53-20-102 is enacted to read:
79          53-20-102. Mental health services -- Requirement to provide --- Confidentiality.
80          (1) Every first responder agency within the state shall provide or make available mental
81     health resources to:
82          (a) all employees;
83          (b) the spouse and children of employees;
84          (c) surviving spouses of members whose death is classified as a line-of-duty death
85     under Title 49, Utah State Retirement and Insurance Benefit Act; and
86          (d) persons who have retired from the agency.

87          (2) All access by first responders and their families to mental health resources shall be
88     kept confidential.
89          Section 3. Section 53-20-103 is enacted to read:
90          53-20-103. Grants to first responder agencies -- Rulemaking .
91          (1) The department may award grants to first responder agencies to provide mental
92     health resources in response to a:
93          (a) request for proposal;
94          (b) request for qualifications; or
95          (c) program description that meets the criteria in Subsection (2) .
96          (2) The request for proposal, request for qualifications, or program description received
97     by the department shall require mental health providers contracted or employed by the first
98     responder agency to have training and experience in working with first responders and provide,
99     at a minimum, the following services:
100          (a) regular periodic screenings for all employees within the first responder agency;
101          (b) assessments and availability to mental health services for personnel directly
102     involved in a critical incident within 12 hours of the incident; and
103          (c) access to the mental health program for:
104          (i) spouses and children of first responders; and
105          (ii) first responders who have retired from the agency.
106          (3) An application from a first responder agency for a grant under this chapter shall
107     provide the following details:
108          (a) a proposed plan to provide mental health resources to first responders in the first
109     responder agency;
110          (b) the number of first responders to be served by the proposed plan;
111          (c) how the proposed plan will ensure timely and effective provision of mental health
112     resources to first responders in the first responder agency;
113          (d) the cost of the proposed plan; and
114          (e) the sustainability of the proposed plan.
115          (4) In evaluating a project proposal for a grant under this section, the department shall
116     consider:
117          (a) the extent to which the first responders that will be served by the proposed plan are

118     likely to benefit from the proposed plan;
119          (b) the cost of the proposed plan; and
120          (c) the viability of the proposed plan.
121          (5) A first responder agency may not apply for a grant to fund a program already in
122     place. However, a request for proposal to fund an expansion of an already existing program
123     shall, in addition to the requirements of Subsection (4), provide:
124          (a) the scope and cost of the agency's current program;
125          (b) the number of additional first responders the expansion will serve; and
126          (c) whether the expansion will provide services under Subsection (2) that the current
127     program does not provide.
128          (6) The department shall prioritize grant funding for:
129          (a) counties of the 3rd, 4th, 5th, and 6th class;
130          (b) cities of the 3rd, 4th, and 5th class; and
131          (c) towns.
132          (7) The department may adopt rules in accordance with Title 63G, Chapter 3, Utah
133     Administrative Rulemaking Act, to administer this chapter.
134          Section 4. Section 63I-2-262 is amended to read:
135          63I-2-262. Repeal dates -- Title 62A.
136          (1) Subsection 62A-5-103.1(6) is repealed January 1, 2023.
137          [(2) Section 62A-15-120 is repealed January 1, 2025.]
138          [(3)] (2) Section 62A-15-122 is repealed January 2, 2025.
139          [(4)] (3) Title 62A, Chapter 15, Part 19, Mental Health Crisis Intervention Council, is
140     repealed January 1, 2023.
141          Section 5. Repealer.
142          This bill repeals:
143          Section 62A-15-120, Mental health resources for first responders grant program.
144          Section 6. Appropriation.
145          The following sums of money are appropriated for the fiscal year beginning July 1,
146     2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
147     fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
148     Act, the Legislature appropriates the following sums of money from the funds or accounts

149     indicated for the use and support of the government of the state of Utah.
150     ITEM 1
151          To Department of Public Safety -- Programs and Operations
152               From General Fund, One-time

153               Schedule of Programs:
154                    Highway Patrol - Special Services               $5,000,000
155          The Legislature intends that:
156          (1) the appropriation under this item be used to award grants under Title 53, Chapter
157     20, Mental Health Resources for First Responders; and
158          (2) under Section 63J-1-603, the one-time appropriation provided under this item not
159     lapse at the close of fiscal year 2023 and the use of any nonlapsing funds is limited to the
160     purposes described in Subsection (1) of this item.