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7 LONG TITLE
8 General Description:
9 This bill creates the State Mental Health System Commission.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ creates the advisory State Mental Health System Commission (commission);
14 ▸ directs the commission to evaluate and make recommendations about the state's
15 mental health system and model;
16 ▸ requires the Department of Health and Human Services and the Division of
17 Integrated Healthcare to work with the commission;
18 ▸ requires the commission to submit the commission's recommendations in a written
19 report to certain legislative committees; and
20 ▸ provides a repeal date for the commission.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 63I-2-263, as last amended by Laws of Utah 2022, Chapters 63, 209, 240, 242, 264,
28 354, and 435
29 ENACTS:
30 63C-29-101, Utah Code Annotated 1953
31 63C-29-201, Utah Code Annotated 1953
32 63C-29-202, Utah Code Annotated 1953
33 63C-29-203, Utah Code Annotated 1953
34 63C-29-204, Utah Code Annotated 1953
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36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 63C-29-101 is enacted to read:
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40 63C-29-101. Definitions.
41 As used in this chapter:
42 (1) "Commission" means the State Mental Health System Commission created in
43 Section 63C-29-201.
44 (2) "Department" means the Department of Health and Human Services created in
45 Section 26B-1-201.
46 (3) "Division" means the Division of Integrated Healthcare created in Section
47 26B-1-202.
48 (4) "State hospital" means the Utah State Hospital established in Section 62A-15-601.
49 Section 2. Section 63C-29-201 is enacted to read:
50 63C-29-201. State Mental Health System Commission -- Voting requirements --
51 Compensation.
52 (1) There is created an advisory commission known as the State Mental Health System
53 Commission.
54 (2) The commission consists of the following members:
55 (a) two members of the Senate, appointed by the president of the Senate, who are not
56 from the same political party;
57 (b) three members of the House of Representatives, appointed by the speaker of the
58 House of Representatives, no more than two of whom may be from the same political party;
59 (c) the executive director of the department appointed in accordance with Section
60 26B-1-203, or the executive director's designee;
61 (d) the director of the Division of Facilities Construction and Management appointed
62 in accordance with Section 63A-5b-302, or the director's designee;
63 (e) the executive director of the Commission on Criminal and Juvenile Justice, or the
64 executive director's designee;
65 (f) the chair of the Utah Substance Use and Mental Health Advisory Council, or the
66 chair's designee;
67 (g) the superintendent of the state hospital, or the superintendent's designee;
68 (h) one individual representing the Utah Behavioral Healthcare Committee, appointed
69 by the chair of the Utah Behavioral Healthcare Committee;
70 (i) one citizen representative from the local community with lived experience,
71 appointed by the Utah Substance Use and Mental Health Advisory Council;
72 (j) the chief executive officer of the Huntsman Mental Health Institute at the University
73 of Utah; and
74 (k) the chief executive officer of the Utah Hospital Association.
75 (3) The president of the Senate shall appoint one of the commission members from the
76 Senate as cochair of the commission, and the speaker of the House of Representatives shall
77 appoint one of the commission members from the House of Representatives as cochair of the
78 commission.
79 (4) The president of the Senate may remove a member appointed under Subsection
80 (2)(a), and the speaker of the House of Representatives may remove a member appointed under
81 Subsection (2)(b).
82 (5) A vacancy of a member appointed to the commission shall be filled in the same
83 manner as an appointment of the member whose departure from the commission creates the
84 vacancy.
85 (6) A commission member shall serve until a successor is duly appointed or qualified.
86 (7) (a) A majority of the voting commission members constitutes a quorum.
87 (b) The action of a majority of a quorum constitutes action of the commission.
88 (8) The commission may adopt bylaws to govern the commission's operations and
89 proceedings.
90 (9) (a) A commission member who is a legislator shall be paid salary and expenses in
91 accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator
92 Compensation.
93 (b) A commission member who is not a legislator may not receive compensation or
94 benefits for the commission member's service.
95 (c) A commission member who is not a legislator may receive per diem and travel
96 expenses in accordance with:
97 (i) Section 63A-3-106;
98 (ii) Section 63A-3-107; and
99 (iii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
100 63A-3-107.
101 (10) The Office of Legislative Research and General Counsel shall provide staff
102 support to the commission.
103 (11) The commission shall comply with the provisions of Title 52, Chapter 4, Open
104 and Public Meetings Act.
105 Section 3. Section 63C-29-202 is enacted to read:
106 63C-29-202. Powers and duties.
107 (1) Using existing research and studies, and conducting additional research and study
108 as necessary, the commission shall carefully and deliberately consider, study, and evaluate the
109 state's mental health system and model, including:
110 (a) whether the state hospital should be responsible for providing long-term mental
111 health services, or if there is another facility, setting, or model that would better serve
112 individuals in need of such services;
113 (b) whether the way in which mental health services are provided to individuals in the
114 custody of the Department of Corrections could be improved;
115 (c) how to maximize the value of the current bed capacity at the state hospital;
116 (d) ways to improve coordination between mental health providers and programs
117 throughout the state; and
118 (e) whether the current state hospital location adequately serves the state population
119 that receives state hospital services.
120 (2) The commission may:
121 (a) meet as many times as the commission considers necessary or advisable in order to
122 fulfill the commission's responsibilities under this chapter; and
123 (b) hire or direct the hiring of one or more consultants with experience or expertise in a
124 subject under consideration by the commission, to assist the commission in fulfilling the
125 commission's duties under this part.
126 Section 4. Section 63C-29-203 is enacted to read:
127 63C-29-203. Agency cooperation.
128 The department and the division shall work cooperatively with the commission to help
129 ensure that the commission receives, as requested, any information necessary to inform the
130 commission's recommendation.
131 Section 5. Section 63C-29-204 is enacted to read:
132 63C-29-204. Report and recommendation.
133 (1) No later than December 31, 2023, the commission shall submit a written report to
134 the following:
135 (a) the Executive Appropriations Committee;
136 (b) the Social Services Appropriations Subcommittee; and
137 (c) the Judiciary Interim Committee.
138 (2) The report shall include:
139 (a) an account of the commission's work;
140 (b) the commission's recommendations regarding the state's mental health system and
141 model; and
142 (c) recommended legislation that the commission believes would improve the state's
143 mental health system or model, if any.
144 Section 6. Section 63I-2-263 is amended to read:
145 63I-2-263. Repeal dates: Title 63A to Title 63N.
146 (1) Title 63A, Chapter 2, Part 5, Educational Interpretation and Translation Services
147 Procurement Advisory Council is repealed July 1, 2025.
148 (2) Section 63A-17-303 is repealed July 1, 2023.
149 (3) Subsection 63A-17-304(1)(c) is repealed July 1, 2022.
150 (4) Title 63C, Chapter 22, Digital Wellness, Citizenship, and Safe Technology
151 Commission is repealed July 1, 2023.
152 (5) Title 63C, Chapter 29, State Mental Health System Commission is repealed
153 December 31, 2024.
154 [
155 [
156 repealed July 1, 2022:
157 (a) Section 63G-1-801;
158 (b) Section 63G-1-802;
159 (c) Section 63G-1-803; and
160 (d) Section 63G-1-804.
161 [
162
163 (8) Section 63H-7a-303 is repealed July 1, 2024.
164 (9) Subsection 63H-7a-403(2)(b), regarding the charge to maintain the public safety
165 communications network, is repealed July 1, 2033.
166 (10) Subsection 63J-1-602.2(44), which lists appropriations to the State Tax
167 Commission for property tax deferral reimbursements, is repealed July 1, 2027.
168 (11) Sections 63M-7-213 and 63M-7-213.5 are repealed January 1, 2023.
169 (12) Section 63M-7-217 is repealed July 1, 2022.
170 (13) Subsection 63N-2-213(12)(a), relating to claiming a tax credit in the same taxable
171 year as the targeted business income tax credit, is repealed December 31, 2024.
172 (14) Title 63N, Chapter 2, Part 3, Targeted Business Income Tax Credit in an
173 Enterprise Zone, is repealed December 31, 2024.