Representative Douglas R. Welton proposes the following substitute bill:


1     
EDUCATION INNOVATION PROGRAM

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Douglas R. Welton

5     
Senate Sponsor: Lincoln Fillmore

6     

7     LONG TITLE
8     General Description:
9          This bill enacts provisions relating to an innovation program for public education.
10     Highlighted Provisions:
11          This bill:
12          ▸     establishes a process for submitting an application and receiving LEA governing
13     board approval for an innovation program;
14          ▸     provides for the features of an innovation program, including alternative curriculum
15     and alternative class schedule;
16          ▸     specifies requirements for an innovation program application, including parental
17     consent for student participation;
18          ▸     provides a process for LEA governing board approval of an innovation program
19     application;
20          ▸     allows for a grant for additional costs related to an innovation program;
21          ▸     provides for a review and assessment of the performance of an innovation program;
22     and
23          ▸     provides for the repeal of innovation program provisions.
24     Money Appropriated in this Bill:
25          This bill appropriates in fiscal year 2023:

26               •     to the State Board of Education -- Contracted Initiatives and Grants, from the
27     Education Fund, one-time, $2,500,000.
28     Other Special Clauses:
29          None
30     Utah Code Sections Affected:
31     AMENDS:
32          53E-10-703, as last amended by Laws of Utah 2020, Chapter 408
33          63I-1-253, as last amended by Laws of Utah 2021, Chapters 14, 64, 106, 233, and 307
34          63I-1-263, as last amended by Laws of Utah 2021, Chapters 70, 72, 84, 90, 171, 196,
35     260, 280, 282, 345, 382, 401, 421 and last amended by Coordination Clause, Laws
36     of Utah 2021, Chapter 382
37          63J-1-602.2, as last amended by Laws of Utah 2021, Chapters 179, 344, 412, 421, and
38     424
39     ENACTS:
40          53G-10-601, Utah Code Annotated 1953
41          53G-10-602, Utah Code Annotated 1953
42          53G-10-603, Utah Code Annotated 1953
43          53G-10-604, Utah Code Annotated 1953
44          53G-10-605, Utah Code Annotated 1953
45          53G-10-606, Utah Code Annotated 1953
46          53G-10-607, Utah Code Annotated 1953
47          53G-10-608, Utah Code Annotated 1953
48     

49     Be it enacted by the Legislature of the state of Utah:
50          Section 1. Section 53E-10-703 is amended to read:
51          53E-10-703. ULEAD director -- Qualification and employment -- Duties --
52     Reporting -- Annual conference.
53          (1) The ULEAD director shall:
54          (a) (i) hold a doctorate degree in education or an equivalent degree; and
55          (ii) have demonstrated experience in research and dissemination of best practices in
56     education; and

57          (b) (i) be a full-time employee; and
58          (ii) report to the state superintendent.
59          (2) The state superintendent shall:
60          (a) evaluate the director's performance annually;
61          (b) report on the director's performance to the selection committee; and
62          (c) provide space for the director and the director's staff.
63          (3) The director may hire staff, using only money specifically appropriated to ULEAD.
64          (4) The director shall perform the following duties and functions:
65          (a) gather current research on innovative and effective practices in K-12 education for
66     use by policymakers and practitioners;
67          (b) facilitate collaboration between LEAs, higher education researchers, and
68     practitioners by:
69          (i) sharing innovative and effective practices shown to improve student learning;
70          (ii) identifying experts in specific areas of practice; and
71          (iii) maintaining a research clearinghouse and directory of researchers; and
72          (c) analyze barriers to replication or adaption of innovative and successful practices
73     studied by ULEAD or contributed to the ULEAD research clearinghouse.
74          (5) The director shall:
75          (a) prioritize reports and other research based on recommendations of the steering
76     committee in accordance with Subsection 53E-10-707(5), and after consulting with individuals
77     described in Subsection 53E-10-707(6);
78          (b) identify Utah LEAs, or schools outside the public school system, that are:
79          (i) innovative in specific areas of practice; and
80          (ii) more effective or efficient than comparable LEAs in improving student learning;
81          (c) establish criteria for innovative practice reports to be performed by participating
82     institutions and included in the research clearinghouse, including report templates;
83          (d) arrange with participating institutions to generate innovative practice reports on
84     effective and innovative K-12 education practices; and
85          (e) (i) disseminate each innovative practice report to LEAs; and
86          (ii) publish innovative practice reports on the ULEAD website.
87          (6) In an innovative practice report, a participating institution shall:

88          (a) include or reference a review of research regarding the practice in which the subject
89     LEA has demonstrated success;
90          (b) identify through academically acceptable, evidence-based research methods the
91     causes of the LEA's successful practice;
92          (c) identify opportunities for LEAs to adopt or customize innovative or best practices;
93          (d) address limitations to successful replication or adaptation of the successful practice
94     by other LEAs, which may include barriers arising from federal or state law, state or LEA
95     policy, socioeconomic conditions, or funding limitations;
96          (e) include practical templates for successful replication and adaptation of successful
97     practices, following criteria established by the director;
98          (f) identify experts in the successful practice that is the subject of the innovative
99     practice report, including teachers or administrators at the subject LEA; and
100          (g) include:
101          (i) an executive summary describing the innovative practice report; and
102          (ii) a video component or other elements designed to ensure that an innovative practice
103     report is readily understandable by practitioners.
104          (7) (a) The director may, if requested by an LEA leader or policymaker, conduct an
105     evidence-based review of a possible innovation in an area of practice.
106          (b) The director shall:
107          (i) review the performance of an innovation program, as defined in Section
108     53G-10-601, to determine the extent to which the learning and performance of students in an
109     opportunity class, as defined in Section 53G-10-601, met the criteria established in the
110     innovation program; and
111          (ii) report on the director's findings under Subsection (7)(b)(i):
112          (A) to the LEA governing board that approved the innovation program; and
113          (B) within 30 days after the completion of the school year during which the opportunity
114     class was functioning.
115          (8) The director may also accept innovative practice reports from trained practitioners
116     that meet the criteria set by the director.
117          (9) The director or a participating institution, to enable successful replication or
118     adaption of successful practices, may recommend to:

119          (a) the Legislature, amendments to state law; or
120          (b) the state board, revisions to state board rule, made in accordance with Title 63G,
121     Chapter 3, Utah Administrative Rulemaking Act, or policy.
122          (10) The director shall:
123          (a) report on the activities of ULEAD annually to the state board; and
124          (b) provide reports or other information to the state board upon state board request.
125          (11) The director shall:
126          (a) prepare an annual report on ULEAD research and other activities;
127          (b) submit the report in accordance with Section 53E-1-201 and 53E-1-202;
128          (c) publish the annual report on the ULEAD website; and
129          (d) disseminate the report to LEAs through electronic channels.
130          (12) The director shall facilitate and conduct an annual conference on successful and
131     innovative K-12 education practices, featuring:
132          (a) Utah education leaders; and
133          (b) practitioners and researchers, chosen by the director, to discuss the subjects of LEA
134     and other ULEAD activities, or other innovative and successful education practices.
135          Section 2. Section 53G-10-601 is enacted to read:
136     
Part 6. Education Innovation Program

137          53G-10-601. Definitions.
138          As used in this part:
139          (1) "Alternative classroom schedule" means a classroom schedule that is different than
140     the schedule followed by other classrooms in the applicable school or LEA.
141          (2) "Alternative curriculum" means curriculum in one or more subject areas that is
142     based on standards that are different than the standards:
143          (a) adopted by the state board; and
144          (b) applicable to the regular curriculum offered in the subject area or areas in the
145     applicable school or LEA.
146          (3) "Applicable school or LEA" means the school or LEA in which an innovation
147     program is proposed or implemented.
148          (4) "Innovation grant" means a grant of money under Section 53G-10-608 to pay for
149     some or all innovation program costs.

150          (5) "Innovation program" means a program establishing an alternative classroom
151     schedule or an alternative curriculum, or both.
152          (6) "Innovation program application" means an application:
153          (a) proposing the implementation of an innovation program; and
154          (b) submitted under Section 53G-10-603 to the LEA governing board for the LEA in
155     which the innovation program is proposed.
156          (7) "Innovation program costs" means costs occasioned by an innovation program that
157     exceed costs of a class that is not subject to an innovation program.
158          (8) "K-12" means kindergarten through grade 12.
159          (9) "Opportunity class" means a school class within the public education system that
160     implements an innovation program.
161          (10) "Participating student" means a K-12 student who participates in an opportunity
162     class under an approved innovation program.
163          Section 3. Section 53G-10-602 is enacted to read:
164          53G-10-602. Establishment of innovation program -- LEA governing board
165     approval -- Parental consent required.
166          (1) An innovation program may be established for a K-12 class as provided in this part
167     if the innovation program is approved by the LEA governing board for the LEA in which the
168     proposed innovation program is to be implemented.
169          (2) A public school teacher may submit an innovation program application to the LEA
170     governing board for the LEA of the class or school in which the teacher proposes to implement
171     an innovation program.
172          (3) Before submitting an innovation program application, the public school teacher
173     intending to submit the innovation program application shall obtain the written consent
174     described in Section 53G-10-603 signed by parents of at least 20 prospective participating
175     students.
176          (4) An innovation program application shall be submitted no less than 90 days before
177     the beginning of student registration for the school year for which the innovation program is
178     proposed.
179          (5) (a) An LEA governing board shall approve or deny an innovation program
180     application within 60 days after the application is submitted.

181          (b) An LEA governing board may approve an innovation program application subject
182     to modifications or additional terms that the LEA governing board determines appropriate.
183          (6) An innovation program may be renewed for another school year if:
184          (a) the teacher in the opportunity class requests renewal;
185          (b) the teacher submits with the renewal request the written consent described in
186     Section 53G-10-603 signed by parents of at least 20 prospective participating students; and
187          (c) the LEA governing board approves the renewal.
188          Section 4. Section 53G-10-603 is enacted to read:
189          53G-10-603. Parental consent for student participating in opportunity class.
190          (1) A parent of a K-12 student may give the parent's consent for the student to
191     participate in an opportunity class by submitting the parent's written and signed consent, as
192     described in Subsection (2), to the public school teacher who proposes to submit an innovation
193     program application.
194          (2) (a) A public school teacher who intends to submit an innovation program
195     application shall provide a consent form to a parent of a prospective participating student.
196          (b) A form by which a parent consents to the enrollment of the parent's child in an
197     opportunity class shall contain:
198          (i) the name and a summary of the credentials of each teacher and other staff member
199     who will be teaching or working in the opportunity class;
200          (ii) an explanation that the opportunity class is experimental in nature and may not
201     receive approval to continue beyond the school year for which the innovation program is
202     approved;
203          (iii) a description of the alternative curriculum and alternative classroom schedule, as
204     applicable, that the innovation program application intends to seek approval for;
205          (iv) a description of how, when, and where the opportunity class instruction will take
206     place and whether the instruction will include in-person, virtual, or hybrid components;
207          (v) if the innovation application intends to include a proposed alternative curriculum, a
208     description of:
209          (A) the alternative curriculum and the instructional materials to be used in the
210     opportunity class; and
211          (B) the outcomes the opportunity class using the alternative curriculum is designed to

212     achieve; and
213          (vi) a statement accompanying the parent's signature indicating that the parent has read
214     the explanation of the opportunity class contained in the consent form and understands the
215     experimental nature of the opportunity class.
216          Section 5. Section 53G-10-604 is enacted to read:
217          53G-10-604. Innovation program application -- Requirements.
218          (1) An innovation program application shall include:
219          (a) the name and a summary of the credentials of each teacher and other staff member
220     who will be teaching or working in the opportunity class;
221          (b) the name of each student whose parent has submitted a consent form consenting to
222     the student becoming a participating student;
223          (c) a description of the alternative curriculum and alternative classroom schedule, as
224     applicable, that the innovation program application seeks approval for;
225          (d) a description of how, when, and where the opportunity class instruction will take
226     place and whether the instruction will include in-person, virtual, or hybrid components;
227          (e) any other innovative curriculum or classroom schedule adjustments intended to be
228     incorporated into the opportunity class to enhance the learning, performance, and educational
229     experience of participating students;
230          (f) criteria for measuring student learning and performance;
231          (g) an explanation of the assessment of the innovation program as provided in Section
232     53G-10-607;
233          (h) if the innovation application includes a proposed alternative curriculum, a
234     description of:
235          (i) the alternative curriculum and the instructional materials to be used in the
236     opportunity class; and
237          (ii) the outcomes the opportunity class using the alternative curriculum is designed to
238     achieve;
239          (i) any additional funding needed to cover innovation program costs; and
240          (j) participating students' proposed access to or use of the transportation services,
241     playground facilities, cafeteria facilities, after-school or extra-curricular activities, special
242     education services, and other facilities, activities, or services normally provided by the

243     applicable school or LEA.
244          (2) An innovation program application that proposes an alternative curriculum may
245     include a proposal for a different curriculum or an innovative delivery of curriculum.
246          (3) An innovation program application that proposes an alternative classroom schedule
247     may include a proposal for a different classroom schedule that includes options for:
248          (a) different requirements for in-person, virtual, or hybrid instruction; and
249          (b) different provisions for length of student attendance at in-person, virtual, or hybrid
250     instruction.
251          (4) An innovation program application may include a request for an innovation grant.
252          Section 6. Section 53G-10-605 is enacted to read:
253          53G-10-605. Alternative curriculum and alternative classroom schedule
254     provisions.
255          (1) An alternative curriculum in an elementary school shall include English,
256     mathematics, science, or history and social science.
257          (2) If requested in an innovation program application that the LEA governing board
258     approves, a school in which an opportunity class is proposed to be located shall provide the
259     opportunity class with a classroom and other equipment and facilities normally provided to a
260     class within the school.
261          (3) A teacher in an opportunity class may make adjustments to the curriculum or
262     classroom schedule described in the approved innovation program as implementation of the
263     innovation program reveals the need or advisability of making adjustments to better meet the
264     needs of students or to better achieve the goals and objectives of the innovation program.
265          (4) A student may become a participating student in an opportunity class after the
266     beginning of a school year during a standard class change period if:
267          (a) the innovation program allows the addition of a participating student during the
268     school year;
269          (b) the student's parent consents as provided in Section 53G-10-603; and
270          (c) the teacher of the opportunity class consents.
271          Section 7. Section 53G-10-606 is enacted to read:
272          53G-10-606. Provisions applicable to participating students, staff in an
273     opportunity class, innovation programs, and LEAs.

274          (1) A participating student may use a transportation service offered to students who are
275     not participating students if:
276          (a) the participating student uses the transportation service on the same basis and at the
277     same times as the transportation service is offered to students who are not participating
278     students; or
279          (b) the innovation program provides for:
280          (i) the participating student's use of the transportation service; and
281          (ii) payment of the additional cost of the transportation service attributable to the
282     participating student's use of the transportation service.
283          (2) A participating student:
284          (a) shall be enrolled in the LEA where the opportunity class is operating; and
285          (b) is counted as any other student who is not a participating student for purposes of
286     calculating educational funding apportioned to the LEA.
287          (3) (a) A participating student is subject to a state assessment, as defined in Section
288     53E-4-301, to the same extent as a student who is not a participating student.
289          (b) The results of state assessment taken by participating students may not be included
290     in assessment results for the school or LEA unless the test results are required to be included in
291     the school or LEA assessment results by:
292          (i) the approved innovation program; or
293          (ii) applicable law.
294          (4) A teacher or other staff member who teaches or works in an opportunity class:
295          (a) is an employee of the LEA where the opportunity class is located; and
296          (b) shall receive compensation and other benefits available generally to an individual
297     employed in a comparable position in the LEA.
298          (5) An opportunity class shall comply with:
299          (a) provisions of the approved innovation program; and
300          (b) all applicable federal, state, and local laws prohibiting discrimination or governing
301     the safety of students and teachers.
302          (6) An LEA:
303          (a) shall apportion education funds for instructional use of participating students in an
304     amount substantially similar to funds apportioned for instructional use of comparable students

305     who are not participating students; and
306          (b) is responsible to provide to participating students only the services described in the
307     approved innovation program.
308          Section 8. Section 53G-10-607 is enacted to read:
309          53G-10-607. Assessment of innovation program.
310          A teacher in an opportunity class shall:
311          (1) monitor the extent to which participating student learning and performance are
312     consistent with the criteria established in the innovation program;
313          (2) report the results under Subsection (1) to the LEA governing board, as provided in
314     the approved innovation program; and
315          (3) cooperate with and provide participating student learning and performance data to
316     the director of ULEAD, as defined in Section 53E-10-701, as the director performs the
317     director's duties under Subsection 53E-10-703(7)(b).
318          Section 9. Section 53G-10-608 is enacted to read:
319          53G-10-608. Innovation grants.
320          (1) An LEA governing board may approve a grant of up to $5,000 per opportunity class
321     for the school year if:
322          (a) a request for an innovation grant is included in the innovation application; and
323          (b) the LEA governing board determines that the grant is needed to:
324          (i) cover innovation program costs; and
325          (ii) help fulfill the goals and purposes of the opportunity class.
326          (2) If an LEA governing board approves a request for an innovation grant, the LEA
327     governing board shall send the state board written notice of the approval and the name of the
328     teacher who submitted the request for the innovation grant.
329          (3) (a) (i) Upon receipt of the written notice and authorization under Subsection (2), the
330     state board shall, subject to Subsection (3)(b), disburse the amount of the approved innovation
331     grant to the LEA governing board.
332          (ii) The LEA governing board shall distribute the money to the teacher of the
333     opportunity class to cover innovation program costs.
334          (b) (i) Except as provided in Subsection (3)(b)(iii), the maximum amount of money
335     that the state board may distribute for approved innovation grants is $500,000 per school year.

336          (ii) If the state board receives a written notice and authorization under Subsection (2)
337     after already distributing $500,000 for the school year, the state board shall notify the LEA
338     governing board that the grant money has been expended for the school year and that the state
339     board cannot distribute money for the approved innovation grant.
340          (iii) If the state board distributes less than $500,000 for approved innovation grants for
341     a school year, the difference between $500,000 and the amount distributed shall be rolled over
342     and included in the money available for distribution for approved innovation grants for the
343     following school year.
344          (4) The state board shall keep and account for all money appropriated for innovation
345     grants separate from other state board funds.
346          (5) A teacher receiving an innovation grant under this section may not use the money
347     from the grant for any purpose other than for innovation program costs.
348          (6) Any innovation grant money appropriated to the state board by the Legislature that
349     the state board has not distributed as provided in this section by June 30, 2027 shall lapse to the
350     Education Fund.
351          Section 10. Section 63I-1-253 is amended to read:
352          63I-1-253. Repeal dates, Titles 53 through 53G.
353          (1) Section 53-2a-105, which creates the Emergency Management Administration
354     Council, is repealed July 1, 2022.
355          (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
356     Board, are repealed July 1, 2022.
357          (3) Section 53-5-703, which creates the Concealed Firearm Review Board, is repealed
358     July 1, 2023.
359          (4) Subsection 53-6-203(1)(b)(ii), regarding being 19 years old at certification, is
360     repealed July 1, 2027.
361          (5) Subsection 53-13-104(6)(a), regarding being 19 years old at certification, is
362     repealed July 1, 2027.
363          (6) Section 53B-6-105.5, which creates the Technology Initiative Advisory Board, is
364     repealed July 1, 2024.
365          (7) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
366          (8) Section 53B-17-1203, which creates the SafeUT and School Safety Commission, is

367     repealed January 1, 2025.
368          (9) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
369          (10) Title 53B, Chapter 24, Part 4, Rural Residency Training Program, is repealed July
370     1, 2025.
371          (11) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
372     from the Land Exchange Distribution Account to the Geological Survey for test wells and other
373     hydrologic studies in the West Desert, is repealed July 1, 2030.
374          (12) Section 53E-3-515 is repealed January 1, 2023.
375          (13) In relation to a standards review committee, on January 1, 2023:
376          (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
377     recommendations of a standards review committee established under Section 53E-4-203" is
378     repealed; and
379          (b) Section 53E-4-203 is repealed.
380          (14) Subsections 53E-3-503(5) and (6), which create coordinating councils for youth in
381     custody, are repealed July 1, 2027.
382          (15) Section 53E-4-402, which creates the State Instructional Materials Commission, is
383     repealed July 1, 2022.
384          (16) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission, is
385     repealed July 1, 2023.
386          (17) Subsection 53E-8-204(4), which creates the advisory council for the Utah Schools
387     for the Deaf and the Blind, is repealed July 1, 2021.
388          (18) Section 53F-2-420, which creates the Intensive Services Special Education Pilot
389     Program, is repealed July 1, 2024.
390          (19) Section 53F-5-203 is repealed July 1, 2024.
391          (20) Section 53F-5-212 is repealed July 1, 2024.
392          (21) Section 53F-5-213 is repealed July 1, 2023.
393          (22) Section 53F-5-214, in relation to a grant for professional learning, is repealed July
394     1, 2025.
395          (23) Section 53F-5-215, in relation to an elementary teacher preparation grant, is
396     repealed July 1, 2025.
397          (24) Subsection 53F-9-203(7), which creates the Charter School Revolving Account

398     Committee, is repealed July 1, 2024.
399          (25) Section 53F-9-501 is repealed January 1, 2023.
400          (26) Subsections 53G-4-608(2)(b) and (4)(b), related to the Utah Seismic Safety
401     Commission, are repealed January 1, 2025.
402          (27) Subsection 53G-8-211(5), regarding referrals of a minor to court for a class C
403     misdemeanor, is repealed July 1, 2022.
404          (28) Title 53G, Chapter 10, Part 6, Education Innovation Program, is repealed July 1,
405     2027.
406          Section 11. Section 63I-1-263 is amended to read:
407          63I-1-263. Repeal dates, Titles 63A to 63N.
408          (1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
409          (a) Section 63A-16-102 is repealed;
410          (b) Section 63A-16-201 is repealed; and
411          (c) Section 63A-16-202 is repealed.
412          (2) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
413     improvement funding, is repealed July 1, 2024.
414          (3) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
415     2023.
416          (4) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
417     Committee, are repealed July 1, 2023.
418          (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
419     1, 2028.
420          (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
421     2025.
422          (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
423     2024.
424          (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
425     repealed July 1, 2023.
426          (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
427     July 1, 2023.
428          (10) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is

429     repealed July 1, 2026.
430          (11) Title 63A, Chapter 16, Part 7, Data Security Management Council, is repealed
431     July 1, 2025.
432          (12) Section 63G-6a-805, which creates the Purchasing from Persons with Disabilities
433     Advisory Board, is repealed July 1, 2026.
434          (13) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
435     2025.
436          (14) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
437     2024.
438          (15) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
439          (16) Subsection 63J-1-602.1(17), Nurse Home Visiting Restricted Account is repealed
440     July 1, 2026.
441          (17) (a) Subsection 63J-1-602.1(61), relating to the Utah Statewide Radio System
442     Restricted Account, is repealed July 1, 2022.
443          (b) When repealing Subsection 63J-1-602.1(61), the Office of Legislative Research and
444     General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
445     necessary changes to subsection numbering and cross references.
446          (18) Subsection 63J-1-602.2(5), referring to dedicated credits to the Utah Marriage
447     Commission, is repealed July 1, 2023.
448          (19) Subsection 63J-1-602.2(6), referring to the Trip Reduction Program, is repealed
449     July 1, 2022.
450          (20) Subsection 63J-1-602.2[(24)](25), related to the Utah Seismic Safety
451     Commission, is repealed January 1, 2025.
452          (21) Title 63J, Chapter 4, Part 5, Resource Development Coordinating Committee, is
453     repealed July 1, 2027.
454          (22) In relation to the advisory committee created in Subsection 63L-11-305(3), on July
455     1, 2022:
456          (a) Subsection 63L-11-305(1)(a), which defines "advisory committee," is repealed; and
457          (b) Subsection 63L-11-305(3), which creates the advisory committee, is repealed.
458          (23) In relation to the Utah Substance Use and Mental Health Advisory Council, on
459     January 1, 2023:

460          (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
461     repealed;
462          (b) Section 63M-7-305, the language that states "council" is replaced with
463     "commission";
464          (c) Subsection 63M-7-305(1) is repealed and replaced with:
465          "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
466          (d) Subsection 63M-7-305(2) is repealed and replaced with:
467          "(2) The commission shall:
468          (a) provide ongoing oversight of the implementation, functions, and evaluation of the
469     Drug-Related Offenses Reform Act; and
470          (b) coordinate the implementation of Section 77-18-104 and related provisions in
471     Subsections 77-18-103(2)(c) and (d).".
472          (24) The Crime Victim Reparations and Assistance Board, created in Section
473     63M-7-504, is repealed July 1, 2027.
474          (25) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed July
475     1, 2022.
476          (26) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2026.
477          (27) Title 63N, Chapter 1, Part 5, Governor's Economic Development Coordinating
478     Council, is repealed July 1, 2024.
479          (28) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
480          (29) Section 63N-2-512, related to the Hotel Impact Mitigation Fund, is repealed July
481     1, 2028.
482          (30) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
483     January 1, 2021.
484          (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
485     calendar years beginning on or after January 1, 2021.
486          (c) Notwithstanding Subsection(30)(b), an entity may carry forward a tax credit in
487     accordance with Section 59-9-107 if:
488          (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
489     31, 2020; and
490          (ii) the qualified equity investment that is the basis of the tax credit is certified under

491     Section 63N-2-603 on or before December 31, 2023.
492          (31) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed
493     July 1, 2023.
494          (32) Title 63N, Chapter 7, Part 1, Board of Tourism Development, is repealed July 1,
495     2025.
496          (33) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant Program,
497     is repealed January 1, 2028.
498          Section 12. Section 63J-1-602.2 is amended to read:
499          63J-1-602.2. List of nonlapsing appropriations to programs.
500          Appropriations made to the following programs are nonlapsing:
501          (1) The Legislature and the Legislature's committees.
502          (2) The State Board of Education, including all appropriations to agencies, line items,
503     and programs under the jurisdiction of the State Board of Education, in accordance with
504     Section 53F-9-103.
505          (3) The Percent-for-Art Program created in Section 9-6-404.
506          (4) The LeRay McAllister Critical Land Conservation Program created in Section
507     11-38-301.
508          (5) Dedicated credits accrued to the Utah Marriage Commission as provided under
509     Subsection 17-16-21(2)(d)(ii).
510          (6) The Trip Reduction Program created in Section 19-2a-104.
511          (7) The Division of Wildlife Resources for the appraisal and purchase of lands under
512     the Pelican Management Act, as provided in Section 23-21a-6.
513          (8) The emergency medical services grant program in Section 26-8a-207.
514          (9) The primary care grant program created in Section 26-10b-102.
515          (10) Sanctions collected as dedicated credits from Medicaid provider under Subsection
516     26-18-3(7).
517          (11) The Utah Health Care Workforce Financial Assistance Program created in Section
518     26-46-102.
519          (12) The Rural Physician Loan Repayment Program created in Section 26-46a-103.
520          (13) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
521          (14) Funds that the Department of Alcoholic Beverage Control retains in accordance

522     with Subsection 32B-2-301 (9)(a) or (b).
523          (15) The General Assistance program administered by the Department of Workforce
524     Services, as provided in Section 35A-3-401.
525          (16) The Utah National Guard, created in Title 39, Militia and Armories.
526          (17) The State Tax Commission under Section 41-1a-1201 for the:
527          (a) purchase and distribution of license plates and decals; and
528          (b) administration and enforcement of motor vehicle registration requirements.
529          (18) The Search and Rescue Financial Assistance Program, as provided in Section
530     53-2a-1102.
531          (19) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
532          (20) The Utah Board of Higher Education for teacher preparation programs, as
533     provided in Section 53B-6-104.
534          (21) The Medical Education Program administered by the Medical Education Council,
535     as provided in Section 53B-24-202.
536          (22) Innovation grants under Section 53G-10-608, except as provided in Subsection
537     53G-10-608(6).
538          [(22)] (23) The Division of Services for People with Disabilities, as provided in
539     Section 62A-5-102.
540          [(23)] (24) The Division of Fleet Operations for the purpose of upgrading underground
541     storage tanks under Section 63A-9-401.
542          [(24)] (25) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
543          [(25)] (26) Appropriations to the Division of Technology Services for technology
544     innovation as provided under Section 63A-16-903.
545          [(26)] (27) The Office of Administrative Rules for publishing, as provided in Section
546     63G-3-402.
547          [(27)] (28) The Colorado River Authority of Utah, created in Title 63M, Chapter 14,
548     Colorado River Authority of Utah Act.
549          [(28)] (29) The Governor's Office of Economic Opportunity to fund the Enterprise
550     Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
551          [(29)] (30) Appropriations to fund the Governor's Office of Economic Opportunity's
552     Rural Employment Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural

553     Employment Expansion Program.
554          [(30)] (31) Appropriations to fund programs for the Jordan River Recreation Area as
555     described in Section 65A-2-8.
556          [(31)] (32) The Division of Human Resource Management user training program, as
557     provided in Section 63A-17-106.
558          [(32)] (33) A public safety answering point's emergency telecommunications service
559     fund, as provided in Section 69-2-301.
560          [(33)] (34) The Traffic Noise Abatement Program created in Section 72-6-112.
561          [(34)] (35) The money appropriated from the Navajo Water Rights Negotiation
562     Account to the Division of Water Rights, created in Section 73-2-1.1, for purposes of
563     participating in a settlement of federal reserved water right claims.
564          [(35)] (36) The Judicial Council for compensation for special prosecutors, as provided
565     in Section 77-10a-19.
566          [(36)] (37) A state rehabilitative employment program, as provided in Section
567     78A-6-210.
568          [(37)] (38) The Utah Geological Survey, as provided in Section 79-3-401.
569          [(38)] (39) The Bonneville Shoreline Trail Program created under Section 79-5-503.
570          [(39)] (40) Adoption document access as provided in Sections 78B-6-141, 78B-6-144,
571     and 78B-6-144.5.
572          [(40)] (41) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
573     Defense Commission.
574          [(41)] (42) The program established by the Division of Facilities Construction and
575     Management under Section 63A-5b-703 under which state agencies receive an appropriation
576     and pay lease payments for the use and occupancy of buildings owned by the Division of
577     Facilities Construction and Management.
578          Section 13. Appropriation.
579          The following sums of money are appropriated for the fiscal year beginning July 1,
580     2022 and ending June 30, 2023. These are additions to amounts previously appropriated for
581     fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
582     Act, the Legislature appropriates the following sums of money from the funds or accounts
583     indicated for the use and support of the government of the state of Utah.

584     ITEM 1
585          To State Board of Education -- Contracted Initiatives and Grants
586               From Education Fund, One-time
$2,500,000

587               Schedule of Programs:
588                    Education Innovation Program          $2,500,000
589          The Legislature intends that the money appropriated to the State Board of Education be
590     used and distributed as provided in Title 53G, Chapter 10, Part 6, Education Innovation
591     Program.