Utah 2023 Regular Session

Utah House Bill HB0016 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 16
	1	+	2nd Sub. H.B. 16
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: M. Curtis 6
	4	+	6 02-22-23 3:45 PM 6
	5	+	H.B. 16
	6	+	2nd Sub. (Gray)
	7	+	Representative Susan Pulsipher proposes the following substitute bill:
2	8		1 BLOCK GRANT FUNDI NG FOR PREVENTION PROGRAMS
3	9		2 IN PUBLIC EDUCATION
4	10		3 2023 GENERAL SESSION
5	11		4 STATE OF UTAH
6	12		5 Chief Sponsor: Susan Pulsipher
7	13		6 Senate Sponsor: Ann Millner
8	14		7
9	15		8LONG TITLE
10	16		9General Description:
11	17		10 This bill establishes block grant funding for the implementation of comprehensive
12	18		11prevention programs in local education agencies.
13	19		12Highlighted Provisions:
14	20		13 This bill:
15	21		14 <defines terms;
16	22		15 <establishes block grant funding for the implementation of comprehensive prevention
17	23		16programs in local education agencies (LEAs);
18	24		17 <requires the State Board of Education (State Board) to:
19	25		18 Cmake rules to establish and administer the grant application process; and
20	26		19 Cprovide LEAs with certain resources and support;
21	27		20 <provides for the allowable uses of the block grant funding;
22	28		21 <allows LEAs to:
23	29		22 Cchoose to implement a comprehensive prevention plan with block grant funding
24	30		23or implement individual prevention plans with existing funding restrictions; and
25	31		24 Csubmit one comprehensive report instead of individually required reports if the
26	32		25LEA implements a comprehensive prevention plan;
	33	+	HB0016S02 2nd Sub. (Gray) H.B. 16 02-22-23 3:45 PM
	34	+	- 2 -
27	35		26 <amends existing prevention programs to accommodate the opportunity for block
28	36		27grant funding;
29	37		28 <authorizes the use of certain excess funds in the Underage Drinking and Substance
30		-	29Abuse Prevention Program Restricted Account for distribution through block grant H.B. 16 Enrolled Copy
31		-	- 2 -
	38	+	29Abuse Prevention Program Restricted Account for distribution through block grant
32	39		30funding; and
33	40		31 <makes technical and conforming changes.
34	41		32Money Appropriated in this Bill:
35	42		33 None
36	43		34Other Special Clauses:
37	44		35 This bill provides a special effective date.
38	45		36 This bill provides a coordination clause.
39	46		37Utah Code Sections Affected:
40	47		38AMENDS:
41	48		39 53E-3-522, as enacted by Laws of Utah 2020, Chapter 230
42	49		40 53F-2-410, as repealed and reenacted by Laws of Utah 2021, Chapter 319
43	50		41 53F-2-415, as last amended by Laws of Utah 2022, Chapter 409
44	51		42 53F-9-304, as last amended by Laws of Utah 2022, Chapters 447, 456
45	52		43 53G-9-702, as last amended by Laws of Utah 2021, Chapter 105
46	53		44 53G-10-407, as enacted by Laws of Utah 2020, Chapter 161
47	54		45 59-14-807, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
48	55		46ENACTS:
49	56		47 53F-2-525, Utah Code Annotated 1953
50	57		48Utah Code Sections Affected by Coordination Clause:
51	58		49 53F-2-410, as repealed and reenacted by Laws of Utah 2021, Chapter 319
52	59		50 53F-2-525, Utah Code Annotated 1953
53	60		51
54	61		52Be it enacted by the Legislature of the state of Utah:
55	62		53 Section 1. Section 53E-3-522 is amended to read:
56	63		54 53E-3-522. Substance abuse prevention in public school programs.
57	64		55 [The] Except as provided in Section 53F-2-525, the state board shall provide for:
58		-	56 (1) substance abuse prevention and education;
59		-	57 (2) substance abuse prevention training for teachers and administrators; and Enrolled Copy H.B. 16
	65	+	56 (1) substance abuse prevention and education; 02-22-23 3:45 PM 2nd Sub. (Gray) H.B. 16
60	66		- 3 -
	67	+	57 (2) substance abuse prevention training for teachers and administrators; and
61	68		58 (3) district and school programs to supplement, not supplant, existing local prevention
62	69		59efforts in cooperation with local substance abuse authorities.
63	70		60 Section 2. Section 53F-2-410 is amended to read:
64	71		61 53F-2-410. Gang prevention and intervention program.
65	72		62 Subject to legislative appropriations and except as provided in Section 53F-2-525, the
66	73		63state board shall distribute money for a gang prevention and intervention program:
67	74		64 (1) that is designed to help students at risk for gang involvement stay in school; and
68	75		65 (2) to school districts and charter schools through a request for proposals process.
69	76		66 Section 3. Section 53F-2-415 is amended to read:
70	77		67 53F-2-415. Student health and counseling support -- Qualifying personnel --
71	78		68Distribution formula -- Rulemaking.
72	79		69 (1) As used in this section:
73	80		70 (a) "Qualifying personnel" means a school counselor or other counselor, school
74	81		71psychologist or other psychologist, school social worker or other social worker, or school nurse
75	82		72who:
76	83		73 (i) is licensed; and
77	84		74 (ii) collaborates with educators and a student's parent on:
78	85		75 (A) early identification and intervention of the student's academic and mental health
79	86		76needs; and
80	87		77 (B) removing barriers to learning and developing skills and behaviors critical for the
81	88		78student's academic achievement.
82	89		79 (b) "Telehealth services" means the same as that term is defined in Section 26-60-102.
83	90		80 (2) (a) Subject to legislative appropriations, and in accordance with Subsection (2)(b),
84	91		81the state board shall distribute money appropriated under this section to LEAs to provide in a
85	92		82school targeted school-based mental health support, including clinical services and
86	93		83trauma-informed care, through:
87	94		84 (i) employing qualifying personnel; or
88		-	85 (ii) entering into contracts for services provided by qualifying personnel, including H.B. 16 Enrolled Copy
	95	+	85 (ii) entering into contracts for services provided by qualifying personnel, including
	96	+	86telehealth services.
	97	+	87 (b) (i) The state board shall, after consulting with LEA governing boards, develop a 2nd Sub. (Gray) H.B. 16 02-22-23 3:45 PM
89	98		- 4 -
90		-	86telehealth services.
91		-	87 (b) (i) The state board shall, after consulting with LEA governing boards, develop a
92	99		88formula to distribute money appropriated under this section to LEAs.
93	100		89 (ii) The state board shall ensure that the formula described in Subsection (2)(b)(i)
94	101		90incentivizes an LEA to provide school-based mental health support in collaboration with the
95	102		91local mental health authority of the county in which the LEA is located.
96	103		92 (3) To qualify for money under this section, an LEA shall submit to the state board a
97	104		93plan that includes:
98	105		94 (a) measurable goals approved by the LEA governing board on improving student
99	106		95safety, student engagement, school culture, or academic achievement;
100	107		96 (b) how the LEA intends to meet the goals described in Subsection (3)(a) through the
101	108		97use of the money;
102	109		98 (c) how the LEA is meeting the requirements related to parent education described in
103	110		99Section 53G-9-703; and
104	111		100 (d) whether the LEA intends to provide school-based mental health support in
105	112		101collaboration with the local mental health authority of the county in which the LEA is located.
106	113		102 (4) The state board shall distribute money appropriated under this section to an LEA
107	114		103that qualifies under Subsection (3):
108	115		104 (a) based on the formula described in Subsection (2)(b); and
109	116		105 (b) if the state board approves the LEA's plan before April 1, 2020, in an amount of
110	117		106money that the LEA equally matches using local money, unrestricted state money, or money
111	118		107distributed to the LEA under Section 53G-7-1303.
112	119		108 (5) An LEA may not use money distributed by the state board under this section to
113	120		109supplant federal, state, or local money previously allocated to:
114	121		110 (a) employ qualifying personnel; or
115	122		111 (b) enter into contracts for services provided by qualified personnel, including
116	123		112telehealth services.
117		-	113 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Enrolled Copy H.B. 16
118		-	- 5 -
	124	+	113 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
119	125		114state board shall make rules that establish:
120	126		115 (a) procedures for submitting a plan for and distributing money under this section;
121	127		116 (b) the formula the state board will use to distribute money to LEAs described in
122	128		117Subsection (2)(b); and
123		-	118 (c) in accordance with Subsection (7), annual reporting requirements for an LEA that
	129	+	118 (c) in accordance with Subsection (7), annual reporting requirements for an LEA that 02-22-23 3:45 PM 2nd Sub. (Gray) H.B. 16
	130	+	- 5 -
124	131		119receives money under this section.
125	132		120 (7) An LEA that receives money under this section shall submit an annual report to the
126	133		121state board, including:
127	134		122 (a) progress toward achieving the goals submitted under Subsection (3)(a);
128	135		123 (b) if the LEA discontinues a qualifying personnel position, the LEA's reason for
129	136		124discontinuing the position; and
130	137		125 (c) how the LEA, in providing school-based mental health support, complies with the
131	138		126provisions of Section 53E-9-203.
132	139		127 (8) Beginning on or before July 1, 2019, the state board shall provide training that
133	140		128instructs school personnel on the impact of childhood trauma on student learning, including
134	141		129information advising educators against practicing medicine, giving a diagnosis, or providing
135	142		130treatment.
136	143		131 (9) The state board may use up to:
137	144		132 (a) 2% of an appropriation under this section for costs related to the administration of
138	145		133the provisions of this section; and
139	146		134 (b) $1,500,000 in nonlapsing balances from fiscal year 2022 for the purposes described
140	147		135in this section to provide scholarships for up to four years to certain LEA employees, as defined
141	148		136by the state board, for education and training to become a school social worker, a school
142	149		137psychologist, or other school-based mental health worker.
143	150		138 (10) Notwithstanding the provisions of this section, money appropriated under this
144	151		139section may be used, as determined by the state board, for:
145	152		140 (a) the SafeUT Crisis Line described in Section 53B-17-1202; or
146		-	141 (b) (i) youth suicide prevention programs described in Section 53G-9-702[.]; or H.B. 16 Enrolled Copy
147		-	- 6 -
	153	+	141 (b) (i) youth suicide prevention programs described in Section 53G-9-702[.]; or
148	154		142 (ii) a comprehensive prevention plan, as that term is defined in Section 53F-2-525.
149	155		143 Section 4. Section 53F-2-525 is enacted to read:
150	156		144 53F-2-525. Block grant funding for prevention programs in public education.
151	157		145 (1) As used in this section, "comprehensive prevention plan" means an LEA's plan:
152	158		146 (a) to implement evidence-based early-intervention and prevention practices tailored to
153	159		147achieve outcomes and mitigate risk factors in a manner consistent with the following programs:
154	160		148 (i) substance abuse prevention programs described in Section 53E-3-522;
155		-	149 (ii) gang prevention and intervention programs described in Section 53F-2-410;
	161	+	149 (ii) gang prevention and intervention programs described in Section 53F-2-410; 2nd Sub. (Gray) H.B. 16 02-22-23 3:45 PM
	162	+	- 6 -
156	163		150 (iii) youth suicide prevention programs described in Section 53G-9-702; and
157	164		151 (iv) positive behavior plans described in Section 53G-10-407;
158	165		152 (b) that includes:
159	166		153 (i) information on the impact of childhood trauma on student learning, including
160	167		154information advising educators against practicing medicine, giving a diagnosis, or providing
161	168		155treatment; and
162	169		156 (ii) resiliency building skills; and
163	170		157 (c) that an LEA designs in collaboration with the state board, as described in
164	171		158Subsection (4)(a)(i), and with input from parents, students, educators, and student support staff
165	172		159within the LEA.
166	173		160 (2) Subject to legislative appropriations, the state board shall distribute block grant
167	174		161funding to LEAs for use in accordance with Subsection (5)(b)(iii) to implement a
168	175		162comprehensive prevention plan that the state board approves in accordance with Subsection
169	176		163(3).
170	177		164 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
171	178		165state board shall make rules to:
172	179		166 (a) establish an application process that allows an LEA to:
173	180		167 (i) articulate the approach and rationale underlying the LEA's comprehensive
174	181		168prevention plan;
175		-	169 (ii) demonstrate the LEA's specific prevention needs; Enrolled Copy H.B. 16
176		-	- 7 -
	182	+	169 (ii) demonstrate the LEA's specific prevention needs;
177	183		170 (iii) provide data that supports the substance and cost of the LEA's comprehensive
178	184		171prevention plan;
179	185		172 (iv) outline the ways in which the LEA will use the block grant funding in a united
180	186		173prevention effort to achieve the outcomes that the individual programs described in Subsection
181	187		174(1) target; and
182	188		175 (v) identify the specific outcomes described in Subsection (3)(a)(iv) by which the LEA
183	189		176will measure the success of the comprehensive prevention plan; and
184	190		177 (b) establish additional grant application conditions.
185	191		178 (4) The state board shall:
186	192		179 (a) (i) provide guidance to each LEA that is preparing a prevention block grant funding
187		-	180application on the design and implementation of the LEA's comprehensive prevention program;
	193	+	180application on the design and implementation of the LEA's comprehensive prevention program; 02-22-23 3:45 PM 2nd Sub. (Gray) H.B. 16
	194	+	- 7 -
188	195		181 (ii) review each prevention block grant funding application for compliance and
189	196		182eligibility; and
190	197		183 (iii) provide to each LEA that receives block grant funding:
191	198		184 (A) technical assistance that is tailored to the LEA's specified prevention needs; and
192	199		185 (B) targeted professional learning opportunities in evidence-based prevention practices;
193	200		186 (b) evaluate and prioritize block grant funding applications under this section and
194	201		187individual funding needs for LEAs that choose to seek out funding for individual prevention
195	202		188programs, as described in Subsection (5)(a), as the state board deems necessary to ensure the
196	203		189effectiveness of statewide prevention efforts.
197	204		190 (5) (a) An LEA may seek block grant funding under this section or segregated funding
198	205		191for the individual programs described in Subsection (1), based on the LEA governing board's
199	206		192determination of specific prevention needs within the LEA.
200	207		193 (b) Notwithstanding any other provision of law or state board rule, an LEA that
201	208		194receives block grant funding under this section:
202	209		195 (i) shall submit to the state board a report that:
203	210		196 (A) accounts for the LEA's use of the block grant funding; and
204		-	197 (B) provides data points, including the measurement of the specified outcomes H.B. 16 Enrolled Copy
205		-	- 8 -
	211	+	197 (B) provides data points, including the measurement of the specified outcomes
206	212		198described in Subsection (3)(a)(v), that demonstrate the effectiveness of the LEA's
207	213		199comprehensive prevention plan;
208	214		200 (ii) is not required to submit to the state board an individual report for each program
209	215		201described in Subsection (1); and
210	216		202 (iii) may use block grant funding to:
211	217		203 (A) implement the state board-approved comprehensive prevention plan;
212	218		204 (B) carry out the prevention-focused parent seminars described in Subsection
213	219		20553G-9-703(2); and
214	220		206 (C) other evidence-based prevention practices that the state board authorizes.
215	221		207 Section 5. Section 53F-9-304 is amended to read:
216	222		208 53F-9-304. Underage Drinking and Substance Abuse Prevention Program
217	223		209Restricted Account.
218	224		210 (1) As used in this section, "account" means the Underage Drinking and Substance
219		-	211Abuse Prevention Program Restricted Account created in this section.
	225	+	211Abuse Prevention Program Restricted Account created in this section. 2nd Sub. (Gray) H.B. 16 02-22-23 3:45 PM
	226	+	- 8 -
220	227		212 (2) There is created within the Income Tax Fund a restricted account known as the
221	228		213"Underage Drinking and Substance Abuse Prevention Program Restricted Account."
222	229		214 (3) (a) Before the Department of Alcoholic Beverage Services deposits any portion of
223	230		215the markup collected under Section 32B-2-304 into the Liquor Control Fund in accordance
224	231		216with Section 32B-2-301, the Department of Alcoholic Beverage Services shall deposit into the
225	232		217account:
226	233		218 (i) for the fiscal year that begins July 1, 2017, $1,750,000; or
227	234		219 (ii) for each fiscal year that begins on or after July 1, 2018, an amount equal to the
228	235		220amount that the Department of Alcoholic Beverage Services deposited into the account during
229	236		221the preceding fiscal year increased or decreased by a percentage equal to the percentage
230	237		222difference between the Consumer Price Index for the second preceding calendar year and the
231	238		223Consumer Price Index for the preceding calendar year.
232	239		224 (b) For purposes of this Subsection (3), the Department of Alcoholic Beverage
233		-	225Services shall calculate the Consumer Price Index in accordance with 26 U.S.C. Secs. 1(f)(4) Enrolled Copy H.B. 16
234		-	- 9 -
	240	+	225Services shall calculate the Consumer Price Index in accordance with 26 U.S.C. Secs. 1(f)(4)
235	241		226and 1(f)(5).
236	242		227 (4) The account shall be funded:
237	243		228 (a) in accordance with Subsection (3);
238	244		229 (b) by appropriations made to the account by the Legislature; and
239	245		230 (c) by interest earned on money in the account.
240	246		231 (5) (a) [The] Except as provided in Subsection (5)(b), the state board shall use money
241	247		232in the account for the Underage Drinking and Substance Abuse Prevention Program described
242	248		233in Section 53G-10-406.
243	249		234 (b) If excess funds remain in the restricted account at the end of a given fiscal year
244	250		235after the use described in Subsection (5)(a), the state board may distribute the excess funds in
245	251		236the subsequent fiscal year through the block grant funding for public education prevention
246	252		237programs described in Section 53F-2-525.
247	253		238 Section 6. Section 53G-9-702 is amended to read:
248	254		239 53G-9-702. Youth suicide prevention programs -- State board to develop model
249	255		240programs.
250	256		241 (1) As used in the section:
251		-	242 (a) "Elementary grades" means:
	257	+	242 (a) "Elementary grades" means: 02-22-23 3:45 PM 2nd Sub. (Gray) H.B. 16
	258	+	- 9 -
252	259		243 (i) kindergarten through grade 5; and
253	260		244 (ii) if the associated middle or junior high school does not include grade 6, grade 6.
254	261		245 (b) "Intervention" means an effort to prevent a student from attempting suicide.
255	262		246 (c) "Postvention" means mental health intervention after a suicide attempt or death to
256	263		247prevent or contain contagion.
257	264		248 (d) "Program" means a youth suicide prevention program described in Subsection (2).
258	265		249 (e) "Public education suicide prevention coordinator" means an individual designated
259	266		250by the state board as described in Subsection (4).
260	267		251 (f) "Secondary grades" means:
261	268		252 (i) grades 7 through 12; and
262		-	253 (ii) if a middle or junior high school includes grade 6, grade 6. H.B. 16 Enrolled Copy
263		-	- 10 -
	269	+	253 (ii) if a middle or junior high school includes grade 6, grade 6.
264	270		254 (g) "State suicide prevention coordinator" means the state suicide prevention
265	271		255coordinator described in Section 62A-15-1101.
266	272		256 (2) In collaboration with the public education suicide prevention coordinator, a school
267	273		257district or charter school shall implement a youth suicide prevention program, which, in
268	274		258collaboration with the training, programs, and initiatives described in Section 53G-9-607, shall
269	275		259include programs and training to address:
270	276		260 (a) for elementary grades and secondary grades:
271	277		261 (i) life-affirming education, including on the concepts of resiliency, healthy habits,
272	278		262self-care, problem solving, and conflict resolution;
273	279		263 (ii) methods of strengthening the family; and
274	280		264 (iii) methods of strengthening a youth's relationships in the school and community; and
275	281		265 (b) for secondary grades:
276	282		266 (i) prevention of youth suicide;
277	283		267 (ii) decreasing the risk of suicide among youth who are:
278	284		268 (A) not accepted by family for any reason, including lesbian, gay, bisexual,
279	285		269transgender, or questioning youth; or
280	286		270 (B) suffer from bullying;
281	287		271 (iii) youth suicide intervention; and
282	288		272 (iv) postvention for family, students, and faculty.
283		-	273 (3) Each school district and charter school shall ensure that the youth suicide
	289	+	273 (3) Each school district and charter school shall ensure that the youth suicide 2nd Sub. (Gray) H.B. 16 02-22-23 3:45 PM
	290	+	- 10 -
284	291		274prevention program described in Subsection (2):
285	292		275 (a) considers appropriate coordination with the following prevention programs:
286	293		276 (i) the prevention of bullying and cyber-bullying, as those terms are defined in Section
287	294		27753G-9-601; and
288	295		278 (ii) the prevention of underage drinking of alcohol and substance abuse under Section
289	296		27953G-10-406; and
290	297		280 (b) includes provisions to ensure that the school district or charter school promptly
291		-	281communicates with the parent or guardian of a student in accordance with Section 53G-9-604. Enrolled Copy H.B. 16
292		-	- 11 -
	298	+	281communicates with the parent or guardian of a student in accordance with Section 53G-9-604.
293	299		282 (4) The state board shall:
294	300		283 (a) designate a public education suicide prevention coordinator; and
295	301		284 (b) in collaboration with the Department of Health and the state suicide prevention
296	302		285coordinator, develop model programs to provide to school districts and charter schools:
297	303		286 (i) program training; and
298	304		287 (ii) resources regarding the required components described in Subsections (2)(a) and
299	305		288(b).
300	306		289 (5) The public education suicide prevention coordinator shall:
301	307		290 (a) oversee the youth suicide prevention programs of school districts and charter
302	308		291schools; and
303	309		292 (b) coordinate prevention and postvention programs, services, and efforts with the state
304	310		293suicide prevention coordinator.
305	311		294 (6) A public school suicide prevention program may allow school personnel to ask a
306	312		295student questions related to youth suicide prevention, intervention, or postvention.
307	313		296 (7) (a) Subject to legislative appropriation and except as provided in Section
308	314		29753F-2-525, the state board may distribute money to a school district or charter school to be
309	315		298used to implement evidence-based practices and programs, or emerging best practices and
310	316		299programs, for preventing suicide in the school district or charter school.
311	317		300 (b) The state board shall ensure that an LEA's allocation of funds from the board's
312	318		301distribution of money under Subsection (7)(a) provides an amount equal to at least $1,000 per
313	319		302school.
314	320		303 (c) (i) A school shall use money allocated to the school under Subsection (7)(b) to
315		-	304implement evidence-based practices and programs, or emerging best practices and programs,
	321	+	304implement evidence-based practices and programs, or emerging best practices and programs, 02-22-23 3:45 PM 2nd Sub. (Gray) H.B. 16
	322	+	- 11 -
316	323		305for preventing suicide.
317	324		306 (ii) Each school may select the evidence-based practices and programs, or emerging
318	325		307best practices and programs, for preventing suicide that the school implements.
319	326		308 (8) An LEA may not charge indirect costs to the program.
320		-	309 Section 7. Section 53G-10-407 is amended to read: H.B. 16 Enrolled Copy
321		-	- 12 -
	327	+	309 Section 7. Section 53G-10-407 is amended to read:
322	328		310 53G-10-407. Positive behaviors plan -- Positive behaviors specialist stipend --
323	329		311Reports.
324	330		312 (1) As used in this section:
325	331		313 (a) "Positive behaviors plan" means a plan to address the causes of student use of
326	332		314tobacco, alcohol, electronic cigarette products, and other controlled substances through
327	333		315promoting positive behaviors.
328	334		316 (b) "Positive behaviors specialist" means an individual designated to administer a
329	335		317positive behaviors plan.
330	336		318 (2) (a) A school principal shall:
331	337		319 (i) create a positive behaviors plan based on the input of students, parents, and staff;
332	338		320and
333	339		321 (ii) submit the positive behaviors plan to the LEA governing board for approval.
334	340		322 (b) A positive behaviors plan shall address issues including peer pressure, mental
335	341		323health, and creating meaningful relationships.
336	342		324 (c) A positive behaviors plan may include programs, clubs, service opportunities, and
337	343		325pro-social activities.
338	344		326 (3) Each LEA shall designate one or more employees as a positive behaviors specialist
339	345		327for each school to administer the positive behaviors plan.
340	346		328 (4) (a) [The] Except as provided in Section 53F-2-525, the state board shall distribute
341	347		329annually to each school:
342	348		330 (i) $3,000 as a stipend for the positive behaviors specialists; and
343	349		331 (ii) $1,000 to administer the positive behaviors plan.
344	350		332 (b) Notwithstanding Subsection (4)(a), if funding is insufficient to cover the costs
345	351		333associated with stipends, the state board may reduce the amount of the stipend.
346	352		334 (5) (a) A positive behaviors specialist shall annually submit a written report to the LEA
347		-	335governing board detailing how the positive behaviors plan was implemented in the prior year.
	353	+	335governing board detailing how the positive behaviors plan was implemented in the prior year. 2nd Sub. (Gray) H.B. 16 02-22-23 3:45 PM
	354	+	- 12 -
348	355		336 (b) [An] Except as provided in Subsection 53F-2-525(5), an LEA governing board
349		-	337shall submit an annual report to the state board confirming that each school under the Enrolled Copy H.B. 16
350		-	- 13 -
	356	+	337shall submit an annual report to the state board confirming that each school under the
351	357		338governing board's jurisdiction has an approved positive behaviors plan.
352	358		339 Section 8. Section 59-14-807 is amended to read:
353	359		340 59-14-807. Electronic Cigarette Substance and Nicotine Product Tax Restricted
354	360		341Account.
355	361		342 (1) There is created within the General Fund a restricted account known as the
356	362		343"Electronic Cigarette Substance and Nicotine Product Tax Restricted Account."
357	363		344 (2) The Electronic Cigarette Substance and Nicotine Product Tax Restricted Account
358	364		345consists of:
359	365		346 (a) revenues collected from the tax imposed by Section 59-14-804; and
360	366		347 (b) amounts appropriated by the Legislature.
361	367		348 (3) For each fiscal year, beginning with fiscal year 2021, and subject to appropriation
362	368		349by the Legislature, the Division of Finance shall distribute from the Electronic Cigarette
363	369		350Substance and Nicotine Product Tax Restricted Account:
364	370		351 (a) $2,000,000 which shall be allocated to the local health departments by the
365	371		352Department of Health using the formula created in accordance with Section 26A-1-116;
366	372		353 (b) $2,000,000 to the Department of Health for statewide cessation programs and
367	373		354prevention education;
368	374		355 (c) $1,180,000 to the Department of Public Safety for law enforcement officers aimed
369	375		356at disrupting organizations and networks that provide tobacco products, electronic cigarette
370	376		357products, nicotine products, and other illegal controlled substances to minors;
371	377		358 (d) $3,000,000 which shall be allocated to the local health departments by the
372	378		359Department of Health using the formula created in accordance with Section 26A-1-116;
373	379		360 (e) $5,084,200 to the State Board of Education for school-based prevention programs;
374	380		361and
375	381		362 (f) $2,000,000 to the Department of Health for alcohol, tobacco, and other drug
376	382		363prevention, reduction, cessation, and control programs that promote unified messages and
377	383		364make use of media outlets, including radio, newspaper, billboards, and television.
378		-	365 (4) (a) The local health departments shall use the money received in accordance with ~~H.B. 16 Enrolled Copy~~
379		-	~~- 14 -~~
380		-	~~366Subsection (3)(a) for enforcing:~~
	384	+	365 (4) (a) The local health departments shall use the money received in accordance with
	385	+	366Subsection (3)(a) for enforcing: 02-22-23 3:45 PM 2nd Sub. (Gray) H.B. 16
	386	+	- 13 -
381	387		367 (i) the regulation provisions described in Section 26-57-103;
382	388		368 (ii) the labeling requirement described in Section 26-57-104; and
383	389		369 (iii) the penalty provisions described in Section 26-62-305.
384	390		370 (b) The Department of Health shall use the money received in accordance with
385	391		371Subsection (3)(b) for the Youth Electronic Cigarette, Marijuana, and Other Drug Prevention
386	392		372Program created in Section 26-7-10.
387	393		373 (c) The local health departments shall use the money received in accordance with
388	394		374Subsection (3)(d) to issue grants under the Electronic Cigarette, Marijuana, and Other Drug
389	395		375Prevention Grant Program created in Section 26A-1-129.
390	396		376 (d) The State Board of Education shall use the money received in accordance with
391	397		377Subsection (3)(e) to distribute to local education agencies to pay for:
392	398		378 (i) (A) stipends for positive behaviors specialists as described in Subsection
393	399		37953G-10-407(4)(a)(i);
394	400		380 [(ii)] (B) the cost of administering the positive behaviors plan as described in
395	401		381Subsection 53G-10-407(4)(a)(ii); and
396	402		382 [(iii)] (C) the cost of implementing an Underage Drinking and Substance Abuse
397	403		383Prevention Program in grade 4 or 5, as described in Subsection 53G-10-406(3)(b)[.]; or
398	404		384 (ii) a comprehensive prevention plan, as that term is defined in Section 53F-2-525.
399	405		385 (5) (a) The fund shall earn interest.
400	406		386 (b) All interest earned on fund money shall be deposited into the fund.
401	407		387 (6) Subject to legislative appropriations, funds remaining in the Electronic Cigarette
402	408		388Substance and Nicotine Product Tax Restricted Account after the distribution described in
403	409		389Subsection (3) may only be used for programs and activities related to the prevention and
404	410		390cessation of electronic cigarette, nicotine products, marijuana, and other drug use.
405	411		391 Section 9. Effective date.
406	412		392 This bill takes effect on July 1, 2023.
407		-	393 Section 10. Coordinating H.B. 16 with H.B. 304 -- Superseding technical and Enrolled Copy H.B. 16
408		-	- 15 -
	413	+	393 Section 10. Coordinating H.B. 16 with H.B. 304 -- Superseding technical and
409	414		394substantive amendments.
410	415		395 If this H.B. 16 and H.B. 304, Juvenile Justice Revisions, both pass and become law,
411	416		396when the Office of Legislative Research and General Counsel prepares the Utah Code database
412		-	397for publication:
	417	+	397for publication: 2nd Sub. (Gray) H.B. 16 02-22-23 3:45 PM
	418	+	- 14 -
413	419		398 (1) the amendments to Section 53F-2-410 in H.B. 304 supersede the amendments to
414	420		399Section 53F-2-410 in this bill; and
415	421		400 (2) Subsection 53F-2-525(1)(a) shall read:
416	422		401 "(a) to implement evidence-based early-intervention and prevention practices tailored to
417	423		402achieve outcomes and mitigate risk factors in a manner consistent with the following programs:
418	424		403 (i) substance abuse prevention programs described in Section 53E-3-522;
419	425		404 (ii) youth suicide prevention programs described in Section 53G-9-702; and
420	426		405 (iii) positive behavior plans described in Section 53G-10-407;".