Enrolled Copy S.B. 46
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Youth Electronic Cigarette, Marijuana, and Other
Drug Prevention Program Sunset Extension
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Evan J. Vickers
House Sponsor: Jennifer Dailey-Provost
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LONG TITLE
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General Description:
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This bill addresses the Youth Electronic Cigarette, Marijuana, and Other Drug Prevention
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Program, the Youth Electronic Cigarette, Marijuana, and Other Drug Prevention Committee,
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and the Electronic Cigarette Substance and Nicotine Product Proceeds Restricted Account.
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Highlighted Provisions:
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This bill:
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▸ addresses the scope of the Youth Electronic Cigarette, Marijuana, and Other Drug
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Prevention Program;
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▸ requires the Youth Electronic Cigarette, Marijuana, and Other Drug Prevention
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Committee to meet at least quarterly;
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▸ establishes an order of priority for the various program funding distributions from the
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Electronic Cigarette Substance and Nicotine Product Proceeds Restricted Account;
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▸ extends the sunset dates for the Youth Electronic Cigarette, Marijuana, and Other Drug
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Prevention Committee and Program;
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▸ addresses the ability of the state board to reduce distributions to local education
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authorities for positive behavior specialists or positive behavior plans, if funding is
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insufficient to cover the costs of the distributions; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected: S.B. 46 Enrolled Copy
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AMENDS:
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26B-1-428, as last amended by Laws of Utah 2024, Chapter 245
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53G-10-407, as last amended by Laws of Utah 2023, Chapter 98
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59-14-807, as last amended by Laws of Utah 2024, Chapter 470
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63I-1-226, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
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63I-2-259, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 26B-1-428 is amended to read:
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26B-1-428 . Youth Electronic Cigarette, Marijuana, and Other Drug Prevention
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Committee and Program -- Creation -- Membership -- Duties.
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(1) As used in this section:
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(a) "Committee" means the Youth Electronic Cigarette, Marijuana, and Other Drug
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Prevention Committee created in Section 26B-1-204.
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(b) "Program" means the Youth Electronic Cigarette, Marijuana, and Other Drug
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Prevention Program created in this section.
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(2)(a) There is created within the department the Youth Electronic Cigarette, Marijuana,
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and Other Drug Prevention Program.
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(b) In consultation with the committee, the department shall:
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(i) establish guidelines for the use of funds appropriated to the program under
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Subsection 59-14-807(3)(a)(vi);
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(ii) ensure that guidelines developed under Subsection (2)(b)(i) are evidence-based
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and appropriate for the population targeted by the program; and
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(iii) subject to appropriations from the Legislature under Subsection
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59-14-807(3)(a)(vi), fund statewide initiatives to prevent use of electronic
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cigarettes, nicotine products, marijuana, and other drugs by youth.
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(3)(a) The committee shall[ ] :
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(i) advise the department on:
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[(i)] (A) preventing use of electronic cigarettes, marijuana, and other drugs by
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youth in the state;
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[(ii)] (B) developing the guidelines described in Subsection (2)(b)(i); and
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[(iii)] (C) implementing the provisions of the program[.] ; and
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(ii) meet quarterly or more frequently as determined necessary by the department's
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designee under Subsection (3)(c)(ii).
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(b) The executive director shall:
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(i) appoint members of the committee; and
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(ii) consult with the Utah Substance Use and Mental Health Advisory Committee
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created in Section 26B-5-801 when making the appointments under Subsection
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(3)(b)(i).
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(c) The committee shall include, at a minimum:
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(i) the executive director of a local health department as defined in Section 26A-1-102,
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or the local health department executive director's designee;
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(ii) one designee from the department;
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(iii) one representative from the Department of Public Safety;
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(iv) one representative from the behavioral health community; and
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(v) one representative from the education community.
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(d) A member of the committee may not receive compensation or benefits for the
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member's service on the committee, but may receive per diem and travel expenses in
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accordance with:
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(i) Section 63A-3-106;
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(ii) Section 63A-3-107; and
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(iii) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
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(e) The department shall provide staff support to the committee.
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(4) On or before October 31 of each year, the department shall report to:
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(a) the Health and Human Services Interim Committee regarding:
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(i) the use of funds appropriated to the program;
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(ii) the impact and results of the program, including the effectiveness of each
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program funded under Subsection (2)(b)(iii), during the previous fiscal year;
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(iii) a summary of the impacts and results on reducing youth use of electronic
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cigarettes and nicotine products by entities represented by members of the
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committee, including those entities who receive funding through the Electronic
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Cigarette Substance and Nicotine Product Proceeds Restricted Account created in
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Section 59-14-807; and
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(iv) any recommendations for legislation; and
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(b) the Utah Substance Use and Mental Health Advisory Committee created in Section
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26B-5-801, regarding:
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(i) the effectiveness of each program funded under Subsection (2)(b)(iii) in
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preventing youth use of electronic cigarettes, nicotine products, marijuana, and
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other drugs; and
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(ii) any collaborative efforts and partnerships established by the program with public
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and private entities to prevent youth use of electronic cigarettes, marijuana, and
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other drugs.
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Section 2. Section 53G-10-407 is amended to read:
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53G-10-407 . Positive behaviors plan -- Positive behaviors specialist stipend --
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Reports.
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(1) As used in this section:
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(a) "Positive behaviors plan" means a plan to address the causes of student use of
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tobacco, alcohol, electronic cigarette products, and other controlled substances
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through promoting positive behaviors.
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(b) "Positive behaviors specialist" means an individual designated to administer a
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positive behaviors plan.
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(2)(a) A school principal shall:
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(i) create a positive behaviors plan based on the input of students, parents, and staff;
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and
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(ii) submit the positive behaviors plan to the LEA governing board for approval.
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(b) A positive behaviors plan shall address issues including peer pressure, mental health,
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and creating meaningful relationships.
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(c) A positive behaviors plan may include programs, clubs, service opportunities, and
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pro-social activities.
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(3) Each LEA shall designate one or more employees as a positive behaviors specialist for
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each school to administer the positive behaviors plan.
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(4)(a) [Except as provided in ] Subject to Subsection (4)(b) and Section 53F-2-525, the
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state board shall distribute annually to each school:
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(i) $3,000 as a stipend for the positive behaviors specialists; and
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(ii) $1,000 to administer the positive behaviors plan.
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(b) Notwithstanding Subsection (4)(a), if funding is insufficient to cover the costs
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associated with [stipends] the distributions, the state board may reduce the amount [of
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the stipend] distributed.
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(5)(a) A positive behaviors specialist shall annually submit a written report to the LEA
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governing board detailing how the positive behaviors plan was implemented in the
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prior year.
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(b) Except as provided in Subsection 53F-2-525(5), an LEA governing board shall
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submit an annual report to the state board confirming that each school under the
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governing board's jurisdiction has an approved positive behaviors plan.
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Section 3. Section 59-14-807 is amended to read:
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59-14-807 . Electronic Cigarette Substance and Nicotine Product Proceeds
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Restricted Account.
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(1) There is created within the General Fund a restricted account known as the "Electronic
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Cigarette Substance and Nicotine Product Proceeds Restricted Account."
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(2) The Electronic Cigarette Substance and Nicotine Product Proceeds Restricted Account
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consists of:
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(a) revenue collected from the tax imposed by Section 59-14-804;
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(b) fees and penalties collected under Section 59-14-810;
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(c) all money received by the attorney general or the Department of Commerce as a
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result of any judgment, settlement, or compromise of claims pertaining to alleged
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violations of law related to the manufacture, marketing, distribution, or sale of
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electronic cigarette products, as defined in Section 76-10-101:
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(i) if the total amount of the judgment, settlement, or compromise received by the
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state exceeds $1,000,000; and
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(ii) after reimbursement to the attorney general and the Department of Commerce for
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expenses related to the matters described in this Subsection (2)(c); and
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(d) amounts appropriated by the Legislature.
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(3)(a) [For] Subject to Subsections (3)(b) and (c), for each fiscal year and subject to
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appropriation by the Legislature, the Division of Finance shall distribute from the
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Electronic Cigarette Substance and Nicotine Product Proceeds Restricted Account:
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(i) $2,000,000 to the Department of Health and Human Services for enforcement
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services aimed at disrupting organizations and networks that provide tobacco
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products, electronic cigarette products, nicotine products, or other illegal
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controlled substances to minors, which the Department of Health and Human
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Services shall allocate to the local health departments using the formula created in
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accordance with Section 26A-1-116;
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(ii) $1,180,000 to the Department of Public Safety for law enforcement officers
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aimed at disrupting organizations and networks that provide tobacco products,
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electronic cigarette products, nicotine products, and other illegal controlled
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substances to minors;
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(iii) $1,000,000 to the Department of Health and Human Services for enforcement
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services aimed at disrupting organizations and networks that provide tobacco
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products, electronic cigarette products, nicotine products, and other illegal
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controlled substances to minors;
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(iv) $3,000,000 to the Department of Health and Human Services for community
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partner prevention programs, which the Department of Health and Human
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Services shall allocate to the local health departments using the formula created in
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accordance with Section 26A-1-116;
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(v) $1,000,000 to the Department of Health and Human Services for statewide
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cessation programs and prevention education;
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(vi) $2,000,000 to the Department of Health and Human Services for alcohol,
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tobacco, and other drug prevention, reduction, cessation, and control programs
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that promote unified messages and make use of media outlets, including radio,
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newspaper, billboards, and television; and
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(vii) $5,084,200 to the State Board of Education for school-based prevention
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programs.
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[(i) $2,000,000, which shall be allocated to the local health departments by the
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Department of Health and Human Services using the formula created in
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accordance with Section 26A-1-116;]
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[(ii) $2,000,000 to the Department of Health and Human Services for statewide
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cessation programs and prevention education;]
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[(iii) $1,180,000 to the Department of Public Safety for law enforcement officers
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aimed at disrupting organizations and networks that provide tobacco products,
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electronic cigarette products, nicotine products, and other illegal controlled
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substances to minors;]
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[(iv) $3,000,000, which shall be allocated to the local health departments by the
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Department of Health and Human Services using the formula created in
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accordance with Section 26A-1-116;]
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[(v) $5,084,200 to the State Board of Education for school-based prevention
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programs;]
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[(vi) $2,000,000 to the Department of Health and Human Services for alcohol,
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tobacco, and other drug prevention, reduction, cessation, and control programs
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that promote unified messages and make use of media outlets, including radio,
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newspaper, billboards, and television; and]
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[(vii)] (b) If the amount in the Electronic Cigarette Substance and Nicotine Product
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Proceeds Restricted Account is insufficient to cover the distributions described in
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Subsection (3)(a), the Division of Finance shall make the distributions under
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Subsection (3)(a):
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(i) sequentially in the order of priority the distributions are listed under Subsection
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(3)(a);
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(ii) in full or, if insufficient funds are available to satisfy the next distribution in the
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sequence, in part; and
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(iii) until the available funds in the Electronic Cigarette Substance and Nicotine
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Product Proceeds Restricted Account are exhausted.
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(c) [of the money deposited] For each fiscal year and subject to appropriation by the
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Legislature, the Division of Finance shall distribute from the funds deposited under
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Section 59-14-810 into the Electronic Cigarette Substance and Nicotine Product
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Proceeds Restricted Account:
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[(A)] (i) to the commission, in an amount equal to the amount necessary to create and
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maintain the registry described in Section 59-14-810;
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[(B)] (ii) to the Department of Health and Human Services, in an amount necessary
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for completing duties described in Section 59-14-810; and
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[(C)] (iii) to the Department of Health and Human Services, the remainder to be
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divided among the local health departments for inspection and enforcement
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described in Sections 26A-1-131 and 59-14-810.
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[(b) If the amount in the Electronic Cigarette Substance and Nicotine Product Proceeds
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Restricted Account is insufficient to cover the distributions described in Subsection
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(3)(a), the distribution amounts shall be adjusted proportionately.]
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(4)(a) The local health departments shall use the money received in accordance with
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Subsection (3)(a) for enforcing:
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(i) the regulation provisions described in Section 26B-7-505;
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(ii) the labeling requirement described in Section 26B-7-505; and
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(iii) the penalty provisions described in Section 26B-7-518.
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(b) The Department of Health and Human Services shall use the money received in
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accordance with [Subsection (3)(a)(ii)] Subsection (3)(a)(v) for the Youth Electronic
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Cigarette, Marijuana, and Other Drug Prevention Program created in Section
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26B-1-428.
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(c) The local health departments shall use the money received in accordance with
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Subsection (3)(a)(iv) to issue grants under the Electronic Cigarette, Marijuana, and
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Other Drug Prevention Grant Program created in Section 26A-1-129.
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(d) The State Board of Education shall use the money received in accordance with
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Subsection [(3)(a)(v)] (3)(a)(vii) to distribute to local education agencies to pay for:
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(i)(A) stipends for positive behaviors specialists as described in Subsection
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53G-10-407(4)(a)(i);
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(B) the cost of administering the positive behaviors plan as described in
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Subsection 53G-10-407(4)(a)(ii); and
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(C) the cost of implementing an Underage Drinking and Substance Abuse
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Prevention Program in grade 4 or 5, as described in Subsection 53G-10-406
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(3)(b); or
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(ii) a comprehensive prevention plan, as that term is defined in Section 53F-2-525.
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(5)(a) The fund shall earn interest.
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(b) All interest earned on fund money shall be deposited into the fund.
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(6) Subject to legislative appropriations, funds remaining in the Electronic Cigarette
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Substance and Nicotine Product Proceeds Restricted Account after the distribution
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described in Subsection (3) may only be used for:
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(a) funding commission personnel to enforce compliance with the tax collection
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requirements of this part; and
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(b) programs and activities related to the prevention and cessation of electronic cigarette,
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nicotine products, marijuana, and other drug use.
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Section 4. Section 63I-1-226 is amended to read:
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63I-1-226 . Repeal dates: Titles 26 through 26B.
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(1) Subsection 26B-1-204(2)(g), regarding the Youth Electronic Cigarette, Marijuana, and
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Other Drug Prevention Committee, is repealed July 1, 2030.
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[(1)] (2) Subsection 26B-1-204(2)(h), regarding the Primary Care Grant Committee, is
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repealed July 1, 2025.
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[(2)] (3) Section 26B-1-315, Medicaid ACA Fund, is repealed July 1, 2034.
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[(3)] (4) Section 26B-1-318, Brain and Spinal Cord Injury Fund, is repealed July 1, 2029.
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[(4)] (5) Section 26B-1-402, Rare Disease Advisory Council Grant Program -- Creation --
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Reporting, is repealed July 1, 2026.
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[(5)] (6) Section 26B-1-409, Utah Digital Health Service Commission -- Creation --
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Membership -- Duties, is repealed July 1, 2025.
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[(6)] (7) Section 26B-1-410, Primary Care Grant Committee, is repealed July 1, 2025.
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[(7)] (8) Section 26B-1-416, Utah Children's Health Insurance Program Advisory Council,
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is repealed July 1, 2025.
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[(8)] (9) Section 26B-1-417, Brain and Spinal Cord Injury Advisory Committee --
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Membership -- Duties, is repealed July 1, 2029.
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[(9)] (10) Section 26B-1-422, Early Childhood Utah Advisory Council -- Creation --
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Compensation -- Duties, is repealed July 1, 2029.
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[(10)] (11) Section 26B-1-425, Utah Health Workforce Advisory Council -- Creation and
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membership, is repealed July 1, 2027.
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[(11)] (12) Section 26B-1-428, Youth Electronic Cigarette, Marijuana, and Other Drug
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Prevention Committee and Program -- Creation -- Membership -- Duties, is repealed
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July 1, [2025] 2030.
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[(12)] (13) Section 26B-1-430, Coordinating Council for Persons with Disabilities -- Policy
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regarding services to individuals with disabilities -- Creation -- Membership --
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Expenses, is repealed July 1, 2027.
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[(13)] (14) Section 26B-1-432, Newborn Hearing Screening Committee, is repealed July 1,
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2026.
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[(14)] (15) Section 26B-2-407, Drinking water quality in child care centers, is repealed July
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1, 2027.
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[(15)] (16) Subsection 26B-3-107(9), regarding reimbursement for dental hygienists, is
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repealed July 1, 2028.
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[(16)] (17) Section 26B-3-136, Children's Health Care Coverage Program, is repealed July
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1, 2025.
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[(17)] (18) Section 26B-3-137, Reimbursement for diabetes prevention program, is repealed
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June 30, 2027.
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[(18)] (19) Subsection 26B-3-213(2)(b), regarding consultation with the Behavioral Health
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Crisis Response Committee, is repealed December 31, 2026.
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[(19)] (20) Section 26B-3-302, DUR Board -- Creation and membership -- Expenses, is
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repealed July 1, 2027.
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[(20)] (21) Section 26B-3-303, DUR Board -- Responsibilities, is repealed July 1, 2027.
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[(21)] (22) Section 26B-3-304, Confidentiality of records, is repealed July 1, 2027.
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[(22)] (23) Section 26B-3-305, Drug prior approval program, is repealed July 1, 2027.
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[(23)] (24) Section 26B-3-306, Advisory committees, is repealed July 1, 2027.
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[(24)] (25) Section 26B-3-307, Retrospective and prospective DUR, is repealed July 1, 2027.
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[(25)] (26) Section 26B-3-308, Penalties, is repealed July 1, 2027.
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[(26)] (27) Section 26B-3-309, Immunity, is repealed July 1, 2027.
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[(27)] (28) Title 26B, Chapter 3, Part 5, Inpatient Hospital Assessment, is repealed July 1,
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2034.
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[(28)] (29) Title 26B, Chapter 3, Part 6, Medicaid Expansion Hospital Assessment, is
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repealed July 1, 2034.
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[(29)] (30) Title 26B, Chapter 3, Part 7, Hospital Provider Assessment, is repealed July 1,
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2028.
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[(30)] (31) Section 26B-3-910, Alternative eligibility -- Report -- Alternative Eligibility
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Expendable Revenue Fund, is repealed July 1, 2028.
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[(31)] (32) Section 26B-4-710, Rural residency training program, is repealed July 1, 2025.
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[(32)] (33) Subsection 26B-5-112(1)(b), regarding consultation with the Behavioral Health
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Crisis Response Committee, is repealed December 31, 2026.
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[(33)] (34) Subsection 26B-5-112(5)(b), regarding consultation with the Behavioral Health
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Crisis Response Committee, is repealed December 31, 2026.
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[(34)] (35) Section 26B-5-112.5, Mobile Crisis Outreach Team Grant Program, is repealed
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December 31, 2026.
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[(35)] (36) Section 26B-5-114, Behavioral Health Receiving Center Grant Program, is
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repealed December 31, 2026.
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[(36)] (37) Section 26B-5-118, Collaborative care grant program, is repealed December 31,
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2024.
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[(37)] (38) Section 26B-5-120, Virtual crisis outreach team grant program, is repealed
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December 31, 2026.
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[(38)] (39) Subsection 26B-5-609(1)(a), regarding the Behavioral Health Crisis Response
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Committee, is repealed December 31, 2026.
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[(39)] (40) Subsection 26B-5-609(3)(b), regarding the Behavioral Health Crisis Response
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Committee, is repealed December 31, 2026.
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[(40)] (41) Subsection 26B-5-610(1)(b), regarding the Behavioral Health Crisis Response
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Committee, is repealed December 31, 2026.
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[(41)] (42) Subsection 26B-5-610(2)(b)(ii), regarding the Behavioral Health Crisis Response
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Committee, is repealed December 31, 2026.
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[(42)] (43) Section 26B-5-612, Integrated behavioral health care grant programs, is repealed
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December 31, 2025.
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[(43)] (44) Title 26B, Chapter 5, Part 7, Utah Behavioral Health Commission, is repealed
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July 1, 2029.
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[(44)] (45) Subsection 26B-5-704(2)(a), regarding the Behavioral Health Crisis Response
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Committee, is repealed December 31, 2026.
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[(45)] (46) Subsection 26B-5-704(2)(b), regarding the Education and Mental Health
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Coordinating Committee, is repealed December 31, 2024.
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[(46)] (47) Title 26B, Chapter 5, Part 8, Utah Substance Use and Mental Health Advisory
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Committee, is repealed January 1, 2033.
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[(47)] (48) Section 26B-7-119, Hepatitis C Outreach Pilot Program, is repealed July 1, 2028.
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[(48)] (49) Section 26B-7-122, Communication Habits to reduce Adolescent Threats Pilot
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Program, is repealed July 1, 2029.
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[(49)] (50) Section 26B-7-123, Report on CHAT campaign, is repealed July 1, 2029.
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[(50)] (51) Title 26B, Chapter 8, Part 5, Utah Health Data Authority, is repealed July 1,
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2026.
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Section 5. Section 63I-2-259 is amended to read:
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63I-2-259 . Repeal dates: Title 59.
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(1) Subsection 59-7-610(8), regarding claiming a tax credit in the same taxable year as the
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targeted business income tax credit, is repealed December 31, 2024.
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(2) Subsection 59-7-614.10(5), regarding claiming a tax credit in the same taxable year as
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the targeted business income tax credit, is repealed December 31, 2024.
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(3) Section 59-7-624, Targeted business income tax credit, is repealed December 31, 2024.
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(4) Subsection 59-10-210(2)(b)(vi), regarding Section 59-10-1112, is repealed December
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31, 2024.
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(5) Subsection 59-10-1007(8), regarding claiming a tax credit in the same taxable year as
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the targeted business income tax credit, is repealed December 31, 2024.
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(6) Subsection 59-10-1037(5), regarding claiming a tax credit in the same taxable year as
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the targeted business income tax credit, is repealed December 31, 2024.
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(7) Section 59-10-1112, Targeted business income tax credit, is repealed December 31,
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2024.
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(8) Subsections 59-14-807(3)(a)(iii) and (4)(b), regarding the Youth Electronic Cigarette,
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Marijuana, and Other Drug Prevention Committee, are repealed July 1, 2030.
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Section 6. Effective Date.
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This bill takes effect on May 7, 2025.
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