Utah 2023 2023 Regular Session

Utah House Bill HB0016 Introduced / Bill

Filed 02/02/2023

                    1st Sub. H.B. 16
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: M. Curtis  6
6   02-01-23  7:52 AM    6
H.B. 16
1st Sub. (Buff)
Representative Susan Pulsipher proposes the following substitute bill:
1 BLOCK GRANT FUNDI NG FOR PREVENTION PROGRAMS
2	IN PUBLIC EDUCATION
3	2023 GENERAL SESSION
4	STATE OF UTAH
5	Chief Sponsor:  Susan Pulsipher
6	Senate Sponsor: Ann Millner
7 
8LONG TITLE
9General Description:
10 This bill establishes block grant funding for the implementation of comprehensive
11prevention programs in local education agencies.
12Highlighted Provisions:
13 This bill:
14 <defines terms;
15 <establishes block grant funding for the implementation of comprehensive prevention
16programs in local education agencies (LEAs);
17 <requires the State Board of Education (State Board) to:
18 Cmake rules to establish and administer the grant application process; and
19 Cprovide LEAs with certain resources and support;
20 <provides for the allowable uses of the block grant funding;
21 <allows LEAs to:
22 Cchoose to implement a comprehensive prevention plan with block grant funding
23or implement individual prevention plans with existing funding restrictions; and
24 Csubmit one comprehensive report instead of individually required reports if the
25LEA implements a comprehensive prevention plan;
*HB0016S01* 1st Sub. (Buff) H.B. 16	02-01-23 7:52 AM
- 2 -
26 <amends a list of programs for which the Legislature annually determines the cost of
27automatic increases for inflation and enrollment growth to include the block grant
28funding;
29 <amends existing prevention programs to accommodate the opportunity for block
30grant funding;
31 <authorizes the use of certain excess funds in the Underage Drinking and Substance
32Abuse Prevention Program Restricted Account for distribution through block grant
33funding; and
34 <makes technical and conforming changes.
35Money Appropriated in this Bill:
36 None
37Other Special Clauses:
38 This bill provides a special effective date.
39Utah Code Sections Affected:
40AMENDS:
41 53E-3-522, as enacted by Laws of Utah 2020, Chapter 230
42 53F-2-208, as last amended by Laws of Utah 2022, Chapter 1
43 53F-2-410, as repealed and reenacted by Laws of Utah 2021, Chapter 319
44 53F-2-415, as last amended by Laws of Utah 2022, Chapter 409
45 53F-9-304, as last amended by Laws of Utah 2022, Chapters 447, 456
46 53G-9-702, as last amended by Laws of Utah 2021, Chapter 105
47 53G-10-407, as enacted by Laws of Utah 2020, Chapter 161
48 59-14-807, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
49ENACTS:
50 53F-2-525, Utah Code Annotated 1953
51 
52Be it enacted by the Legislature of the state of Utah:
53 Section 1.  Section 53E-3-522 is amended to read:
54 53E-3-522.  Substance abuse prevention in public school programs.
55 [The] Except as provided in Section 53F-2-525, the state board shall provide for:
56 (1)  substance abuse prevention and education; 02-01-23 7:52 AM	1st Sub. (Buff) H.B. 16
- 3 -
57 (2)  substance abuse prevention training for teachers and administrators; and
58 (3)  district and school programs to supplement, not supplant, existing local prevention
59efforts in cooperation with local substance abuse authorities.
60 Section 2.  Section 53F-2-208 is amended to read:
61 53F-2-208.  Cost of adjustments for growth and inflation.
62 (1)  In accordance with Subsection (2), the Legislature shall annually determine:
63 (a)  the estimated state cost of adjusting for inflation in the next fiscal year, based on a
64rolling five-year average ending in the current fiscal year, ongoing state tax fund appropriations
65to the following programs:
66 (i)  education for youth in custody, described in Section 53E-3-503;
67 (ii)  the Basic Program, described in [Title 53F, Chapter 2,] Part 3, Basic Program
68(Weighted Pupil Units);
69 (iii)  the Adult Education Program, described in Section 53F-2-401;
70 (iv)  state support of pupil transportation, described in Section 53F-2-402;
71 (v)  the Enhancement for Accelerated Students Program, described in Section
7253F-2-408;
73 (vi)  the Concurrent Enrollment Program, described in Section 53F-2-409; and
74 (vii)  the [gang] block grant funding for prevention [and intervention program]
75programs in public education, described in Section [53F-2-410] 53F-2-525; and
76 (b)  the estimated state cost of adjusting for enrollment growth, in the next fiscal year,
77the current fiscal year's ongoing state tax fund appropriations to the following programs:
78 (i)  a program described in Subsection (1)(a);
79 (ii)  educator salary adjustments, described in Section 53F-2-405;
80 (iii)  the Teacher Salary Supplement Program, described in Section 53F-2-504;
81 (iv)  the Voted and Board Local Levy Guarantee programs, described in Section
8253F-2-601; and
83 (v)  charter school local replacement funding, described in Section 53F-2-702.
84 (2) (a)  In or before December each year, the Executive Appropriations Committee shall
85determine:
86 (i)  the cost of the inflation adjustment described in Subsection (1)(a); and
87 (ii)  the cost of the enrollment growth adjustment described in Subsection (1)(b). 1st Sub. (Buff) H.B. 16	02-01-23 7:52 AM
- 4 -
88 (b)  The Executive Appropriations Committee shall make the determinations described
89in Subsection (2)(a) based on recommendations developed by the Office of the Legislative
90Fiscal Analyst, in consultation with the state board and the Governor's Office of Planning and
91Budget.
92 Section 3.  Section 53F-2-410 is amended to read:
93 53F-2-410.  Gang prevention and intervention program.
94 Subject to legislative appropriations and except as provided in Section 53F-2-525, the
95state board shall distribute money for a gang prevention and intervention program:
96 (1)  that is designed to help students at risk for gang involvement stay in school; and
97 (2)  to school districts and charter schools through a request for proposals process.
98 Section 4.  Section 53F-2-415 is amended to read:
99 53F-2-415.  Student health and counseling support -- Qualifying personnel --
100Distribution formula -- Rulemaking.
101 (1)  As used in this section:
102 (a)  "Qualifying personnel" means a school counselor or other counselor, school
103psychologist or other psychologist, school social worker or other social worker, or school nurse
104who:
105 (i)  is licensed; and
106 (ii)  collaborates with educators and a student's parent on:
107 (A)  early identification and intervention of the student's academic and mental health
108needs; and
109 (B)  removing barriers to learning and developing skills and behaviors critical for the
110student's academic achievement.
111 (b)  "Telehealth services" means the same as that term is defined in Section 26-60-102.
112 (2) (a)  Subject to legislative appropriations, and in accordance with Subsection (2)(b),
113the state board shall distribute money appropriated under this section to LEAs to provide in a
114school targeted school-based mental health support, including clinical services and
115trauma-informed care, through:
116 (i)  employing qualifying personnel; or
117 (ii)  entering into contracts for services provided by qualifying personnel, including
118telehealth services. 02-01-23 7:52 AM	1st Sub. (Buff) H.B. 16
- 5 -
119 (b) (i)  The state board shall, after consulting with LEA governing boards, develop a
120formula to distribute money appropriated under this section to LEAs.
121 (ii)  The state board shall ensure that the formula described in Subsection (2)(b)(i)
122incentivizes an LEA to provide school-based mental health support in collaboration with the
123local mental health authority of the county in which the LEA is located.
124 (3)  To qualify for money under this section, an LEA shall submit to the state board a
125plan that includes:
126 (a)  measurable goals approved by the LEA governing board on improving student
127safety, student engagement, school culture, or academic achievement;
128 (b)  how the LEA intends to meet the goals described in Subsection (3)(a) through the
129use of the money;
130 (c)  how the LEA is meeting the requirements related to parent education described in
131Section 53G-9-703; and
132 (d)  whether the LEA intends to provide school-based mental health support in
133collaboration with the local mental health authority of the county in which the LEA is located.
134 (4)  The state board shall distribute money appropriated under this section to an LEA
135that qualifies under Subsection (3):
136 (a)  based on the formula described in Subsection (2)(b); and
137 (b)  if the state board approves the LEA's plan before April 1, 2020, in an amount of
138money that the LEA equally matches using local money, unrestricted state money, or money
139distributed to the LEA under Section 53G-7-1303.
140 (5)  An LEA may not use money distributed by the state board under this section to
141supplant federal, state, or local money previously allocated to:
142 (a)  employ qualifying personnel; or
143 (b)  enter into contracts for services provided by qualified personnel, including
144telehealth services.
145 (6)  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
146state board shall make rules that establish:
147 (a)  procedures for submitting a plan for and distributing money under this section;
148 (b)  the formula the state board will use to distribute money to LEAs described in
149Subsection (2)(b); and 1st Sub. (Buff) H.B. 16	02-01-23 7:52 AM
- 6 -
150 (c)  in accordance with Subsection (7), annual reporting requirements for an LEA that
151receives money under this section.
152 (7)  An LEA that receives money under this section shall submit an annual report to the
153state board, including:
154 (a)  progress toward achieving the goals submitted under Subsection (3)(a);
155 (b)  if the LEA discontinues a qualifying personnel position, the LEA's reason for
156discontinuing the position; and
157 (c)  how the LEA, in providing school-based mental health support, complies with the
158provisions of Section 53E-9-203.
159 (8)  Beginning on or before July 1, 2019, the state board shall provide training that
160instructs school personnel on the impact of childhood trauma on student learning, including
161information advising educators against practicing medicine, giving a diagnosis, or providing
162treatment.
163 (9)  The state board may use up to:
164 (a)  2% of an appropriation under this section for costs related to the administration of
165the provisions of this section; and
166 (b)  $1,500,000 in nonlapsing balances from fiscal year 2022 for the purposes described
167in this section to provide scholarships for up to four years to certain LEA employees, as defined
168by the state board, for education and training to become a school social worker, a school
169psychologist, or other school-based mental health worker.
170 (10)  Notwithstanding the provisions of this section, money appropriated under this
171section may be used, as determined by the state board, for:
172 (a)  the SafeUT Crisis Line described in Section 53B-17-1202; or
173 (b) (i)  youth suicide prevention programs described in Section 53G-9-702[.]; or
174 (ii)  a comprehensive prevention plan, as that term is defined in Section 53F-2-525.
175 Section 5.  Section 53F-2-525 is enacted to read:
176 53F-2-525.  Block grant funding for prevention programs in public education.
177 (1)  As used in this section, "comprehensive prevention plan" means an LEA's plan:
178 (a)  to implement evidence-based early-intervention and prevention practices tailored to
179achieve outcomes and mitigate risk factors in a manner consistent with the following programs:
180 (i)  substance abuse prevention programs described in Section 53E-3-522; 02-01-23 7:52 AM	1st Sub. (Buff) H.B. 16
- 7 -
181 (ii)  gang prevention and intervention programs described in Section 53F-2-410;
182 (iii)  youth suicide prevention programs described in Section 53G-9-702; and
183 (iv)  positive behavior plans described in Section 53G-10-407;
184 (b)  that includes:
185 (i)  information on the impact of childhood trauma on student learning, including
186information advising educators against practicing medicine, giving a diagnosis, or providing
187treatment; and
188 (ii)  resiliency building skills; and
189 (c)  that an LEA designs in collaboration with the state board, as described in
190Subsection (4)(a)(i), and with input from parents, students, educators, and student support staff
191within the LEA.
192 (2)  Subject to legislative appropriations, the state board shall distribute block grant
193funding to LEAs for use in accordance with Subsection (5)(b)(iii) to implement a
194comprehensive prevention plan that the state board approves in accordance with Subsection
195(3).
196 (3)  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
197state board shall make rules to:
198 (a)  establish an application process that allows an LEA to:
199 (i)  articulate the approach and rationale underlying the LEA's comprehensive
200prevention plan;
201 (ii)  demonstrate the LEA's specific prevention needs;
202 (iii)  provide data that supports the substance and cost of the LEA's comprehensive
203prevention plan;
204 (iv)  outline the ways in which the LEA will use the block grant funding in a united
205prevention effort to achieve the outcomes that the individual programs described in Subsection
206(1) target; and
207 (v)  identify the specific outcomes described in Subsection (3)(a)(iv) by which the LEA
208will measure the success of the comprehensive prevention plan; and
209 (b)  establish additional grant application conditions.
210 (4)  The state board shall:
211 (a) (i)  provide guidance to each LEA that is preparing a prevention block grant funding 1st Sub. (Buff) H.B. 16	02-01-23 7:52 AM
- 8 -
212application on the design and implementation of the LEA's comprehensive prevention program;
213 (ii)  review each prevention block grant funding application for compliance and
214eligibility; and
215 (iii)  provide to each LEA that receives block grant funding:
216 (A)  technical assistance that is tailored to the LEA's specified prevention needs; and
217 (B)  targeted professional learning opportunities in evidence-based prevention practices;
218 (b)  evaluate and prioritize block grant funding applications under this section and
219individual funding needs for LEAs that choose to seek out funding for individual prevention
220programs, as described in Subsection (5)(a), as the state board deems necessary to ensure the
221effectiveness of statewide prevention efforts.
222 (5) (a)  An LEA may seek block grant funding under this section or segregated funding
223for the individual programs described in Subsection (1), based on the LEA governing board's
224determination of specific prevention needs within the LEA.
225 (b)  Notwithstanding any other provision of law or state board rule, an LEA that
226receives block grant funding under this section:
227 (i)  shall submit to the state board a report that:
228 (A)  accounts for the LEA's use of the block grant funding; and
229 (B)  provides data points, including the measurement of the specified outcomes
230described in Subsection (3)(a)(v), that demonstrate the effectiveness of the LEA's
231comprehensive prevention plan;
232 (ii)  is not required to submit to the state board an individual report for each program
233described in Subsection (1); and
234 (iii)  may use block grant funding to:
235 (A)  implement the state board-approved comprehensive prevention plan;
236 (B)  carry out the prevention-focused parent seminars described in Subsection
23753G-9-703(2); and
238 (C)  other evidence-based prevention practices that the state board authorizes.
239 Section 6.  Section 53F-9-304 is amended to read:
240 53F-9-304.  Underage Drinking and Substance Abuse Prevention Program
241Restricted Account.
242 (1)  As used in this section, "account" means the Underage Drinking and Substance 02-01-23 7:52 AM	1st Sub. (Buff) H.B. 16
- 9 -
243Abuse Prevention Program Restricted Account created in this section.
244 (2)  There is created within the Income Tax Fund a restricted account known as the
245"Underage Drinking and Substance Abuse Prevention Program Restricted Account."
246 (3) (a)  Before the Department of Alcoholic Beverage Services deposits any portion of
247the markup collected under Section 32B-2-304 into the Liquor Control Fund in accordance
248with Section 32B-2-301, the Department of Alcoholic Beverage Services shall deposit into the
249account:
250 (i)  for the fiscal year that begins July 1, 2017, $1,750,000; or
251 (ii)  for each fiscal year that begins on or after July 1, 2018, an amount equal to the
252amount that the Department of Alcoholic Beverage Services deposited into the account during
253the preceding fiscal year increased or decreased by a percentage equal to the percentage
254difference between the Consumer Price Index for the second preceding calendar year and the
255Consumer Price Index for the preceding calendar year.
256 (b)  For purposes of this Subsection (3), the Department of Alcoholic Beverage
257Services shall calculate the Consumer Price Index in accordance with 26 U.S.C. Secs. 1(f)(4)
258and 1(f)(5).
259 (4)  The account shall be funded:
260 (a)  in accordance with Subsection (3);
261 (b)  by appropriations made to the account by the Legislature; and
262 (c)  by interest earned on money in the account.
263 (5) (a)  [The] Except as provided in Subsection (5)(b), the state board shall use money
264in the account for the Underage Drinking and Substance Abuse Prevention Program described
265in Section 53G-10-406.
266 (b)  If excess funds remain in the restricted account at the end of a given fiscal year
267after the use described in Subsection (5)(a), the state board may distribute the excess funds in
268the subsequent fiscal year through the block grant funding for public education prevention
269programs described in Section 53F-2-525.
270 Section 7.  Section 53G-9-702 is amended to read:
271 53G-9-702.  Youth suicide prevention programs -- State board to develop model
272programs.
273 (1)  As used in the section: 1st Sub. (Buff) H.B. 16	02-01-23 7:52 AM
- 10 -
274 (a)  "Elementary grades" means:
275 (i)  kindergarten through grade 5; and
276 (ii)  if the associated middle or junior high school does not include grade 6, grade 6.
277 (b)  "Intervention" means an effort to prevent a student from attempting suicide.
278 (c)  "Postvention" means mental health intervention after a suicide attempt or death to
279prevent or contain contagion.
280 (d)  "Program" means a youth suicide prevention program described in Subsection (2).
281 (e)  "Public education suicide prevention coordinator" means an individual designated
282by the state board as described in Subsection (4).
283 (f)  "Secondary grades" means:
284 (i)  grades 7 through 12; and
285 (ii)  if a middle or junior high school includes grade 6, grade 6.
286 (g)  "State suicide prevention coordinator" means the state suicide prevention
287coordinator described in Section 62A-15-1101.
288 (2)  In collaboration with the public education suicide prevention coordinator, a school
289district or charter school shall implement a youth suicide prevention program, which, in
290collaboration with the training, programs, and initiatives described in Section 53G-9-607, shall
291include programs and training to address:
292 (a)  for elementary grades and secondary grades:
293 (i)  life-affirming education, including on the concepts of resiliency, healthy habits,
294self-care, problem solving, and conflict resolution;
295 (ii)  methods of strengthening the family; and
296 (iii)  methods of strengthening a youth's relationships in the school and community; and
297 (b)  for secondary grades:
298 (i)  prevention of youth suicide;
299 (ii)  decreasing the risk of suicide among youth who are:
300 (A)  not accepted by family for any reason, including lesbian, gay, bisexual,
301transgender, or questioning youth; or
302 (B)  suffer from bullying;
303 (iii)  youth suicide intervention; and
304 (iv)  postvention for family, students, and faculty. 02-01-23 7:52 AM	1st Sub. (Buff) H.B. 16
- 11 -
305 (3)  Each school district and charter school shall ensure that the youth suicide
306prevention program described in Subsection (2):
307 (a)  considers appropriate coordination with the following prevention programs:
308 (i)  the prevention of bullying and cyber-bullying, as those terms are defined in Section
30953G-9-601; and
310 (ii)  the prevention of underage drinking of alcohol and substance abuse under Section
31153G-10-406; and
312 (b)  includes provisions to ensure that the school district or charter school promptly
313communicates with the parent or guardian of a student in accordance with Section 53G-9-604.
314 (4)  The state board shall:
315 (a)  designate a public education suicide prevention coordinator; and
316 (b)  in collaboration with the Department of Health and the state suicide prevention
317coordinator, develop model programs to provide to school districts and charter schools:
318 (i)  program training; and
319 (ii)  resources regarding the required components described in Subsections (2)(a) and
320(b).
321 (5)  The public education suicide prevention coordinator shall:
322 (a)  oversee the youth suicide prevention programs of school districts and charter
323schools; and
324 (b)  coordinate prevention and postvention programs, services, and efforts with the state
325suicide prevention coordinator.
326 (6)  A public school suicide prevention program may allow school personnel to ask a
327student questions related to youth suicide prevention, intervention, or postvention.
328 (7) (a)  Subject to legislative appropriationand except as provided in Section 53F-2-525,
329the state board may distribute money to a school district or charter school to be used to
330implement evidence-based practices and programs, or emerging best practices and programs,
331for preventing suicide in the school district or charter school.
332 (b)  The state board shall ensure that an LEA's allocation of funds from the board's
333distribution of money under Subsection (7)(a) provides an amount equal to at least $1,000 per
334school.
335 (c) (i)  A school shall use money allocated to the school under Subsection (7)(b) to 1st Sub. (Buff) H.B. 16	02-01-23 7:52 AM
- 12 -
336implement evidence-based practices and programs, or emerging best practices and programs,
337for preventing suicide.
338 (ii)  Each school may select the evidence-based practices and programs, or emerging
339best practices and programs, for preventing suicide that the school implements.
340 (8)  An LEA may not charge indirect costs to the program.
341 Section 8.  Section 53G-10-407 is amended to read:
342 53G-10-407.  Positive behaviors plan -- Positive behaviors specialist stipend --
343Reports.
344 (1)  As used in this section:
345 (a)  "Positive behaviors plan" means a plan to address the causes of student use of
346tobacco, alcohol, electronic cigarette products, and other controlled substances through
347promoting positive behaviors.
348 (b)  "Positive behaviors specialist" means an individual designated to administer a
349positive behaviors plan.
350 (2) (a)  A school principal shall:
351 (i)  create a positive behaviors plan based on the input of students, parents, and staff;
352and
353 (ii)  submit the positive behaviors plan to the LEA governing board for approval.
354 (b)  A positive behaviors plan shall address issues including peer pressure, mental
355health, and creating meaningful relationships.
356 (c)  A positive behaviors plan may include programs, clubs, service opportunities, and
357pro-social activities.
358 (3)  Each LEA shall designate one or more employees as a positive behaviors specialist
359for each school to administer the positive behaviors plan.
360 (4) (a)  [The] Except as provided in Section 53F-2-525, the state board shall distribute
361annually to each school:
362 (i)  $3,000 as a stipend for the positive behaviors specialists; and
363 (ii)  $1,000 to administer the positive behaviors plan.
364 (b)  Notwithstanding Subsection (4)(a), if funding is insufficient to cover the costs
365associated with stipends, the state board may reduce the amount of the stipend.
366 (5) (a)  A positive behaviors specialist shall annually submit a written report to the LEA 02-01-23 7:52 AM	1st Sub. (Buff) H.B. 16
- 13 -
367governing board detailing how the positive behaviors plan was implemented in the prior year.
368 (b)  [An] Except as provided in Subsection 53F-2-525(5), an LEA governing board
369shall submit an annual report to the state board confirming that each school under the
370governing board's jurisdiction has an approved positive behaviors plan.
371 Section 9.  Section 59-14-807 is amended to read:
372 59-14-807.  Electronic Cigarette Substance and Nicotine Product Tax Restricted
373Account.
374 (1)  There is created within the General Fund a restricted account known as the
375"Electronic Cigarette Substance and Nicotine Product Tax Restricted Account."
376 (2)  The Electronic Cigarette Substance and Nicotine Product Tax Restricted Account
377consists of:
378 (a)  revenues collected from the tax imposed by Section 59-14-804; and
379 (b)  amounts appropriated by the Legislature.
380 (3)  For each fiscal year, beginning with fiscal year 2021, and subject to appropriation
381by the Legislature, the Division of Finance shall distribute from the Electronic Cigarette
382Substance and Nicotine Product Tax Restricted Account:
383 (a)  $2,000,000 which shall be allocated to the local health departments by the
384Department of Health using the formula created in accordance with Section 26A-1-116;
385 (b)  $2,000,000 to the Department of Health for statewide cessation programs and
386prevention education;
387 (c)  $1,180,000 to the Department of Public Safety for law enforcement officers aimed
388at disrupting organizations and networks that provide tobacco products, electronic cigarette
389products, nicotine products, and other illegal controlled substances to minors;
390 (d)  $3,000,000 which shall be allocated to the local health departments by the
391Department of Health using the formula created in accordance with Section 26A-1-116;
392 (e)  $5,084,200 to the State Board of Education for school-based prevention programs;
393and
394 (f)  $2,000,000 to the Department of Health for alcohol, tobacco, and other drug
395prevention, reduction, cessation, and control programs that promote unified messages and
396make use of media outlets, including radio, newspaper, billboards, and television.
397 (4) (a)  The local health departments shall use the money received in accordance with 1st Sub. (Buff) H.B. 16	02-01-23 7:52 AM
- 14 -
398Subsection (3)(a) for enforcing:
399 (i)  the regulation provisions described in Section 26-57-103;
400 (ii)  the labeling requirement described in Section 26-57-104; and
401 (iii)  the penalty provisions described in Section 26-62-305.
402 (b)  The Department of Health shall use the money received in accordance with
403Subsection (3)(b) for the Youth Electronic Cigarette, Marijuana, and Other Drug Prevention
404Program created in Section 26-7-10.
405 (c)  The local health departments shall use the money received in accordance with
406Subsection (3)(d) to issue grants under the Electronic Cigarette, Marijuana, and Other Drug
407Prevention Grant Program created in Section 26A-1-129.
408 (d)  The State Board of Education shall use the money received in accordance with
409Subsection (3)(e) to distribute to local education agencies to pay for:
410 (i) (A)  stipends for positive behaviors specialists as described in Subsection
41153G-10-407(4)(a)(i);
412 [(ii)] (B)  the cost of administering the positive behaviors plan as described in
413Subsection 53G-10-407(4)(a)(ii); and
414 [(iii)] (C)  the cost of implementing an Underage Drinking and Substance Abuse
415Prevention Program in grade 4 or 5, as described in Subsection 53G-10-406(3)(b)[.]; or
416 (ii)  a comprehensive prevention plan, as that term is defined in Section 53F-2-525.
417 (5) (a)  The fund shall earn interest.
418 (b)  All interest earned on fund money shall be deposited into the fund.
419 (6)  Subject to legislative appropriations, funds remaining in the Electronic Cigarette
420Substance and Nicotine Product Tax Restricted Account after the distribution described in
421Subsection (3) may only be used for programs and activities related to the prevention and
422cessation of electronic cigarette, nicotine products, marijuana, and other drug use.
423 Section 10.  Effective date.
424 This bill takes effect on July 1, 2023.