Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 58 Third Substitute (2020GS)

Sponsor

Rep. Pulsipher, S.

Final action

Governor Signed 3/28/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• requires local school boards to adopt discipline policies to address possession and use of electronic cigarette products on school grounds;
• renames the Underage Drinking Prevention Program the Underage Drinking and Substance Abuse Prevention Program;
• adds a requirement to teach a school-based prevention program for students in grade 4 or 5;
• adds a requirement to include education about the risks of electronic cigarette products in a school-based prevention program;
• requires schools to create a plan to address the causes of student use of tobacco, alcohol, electronic cigarette products, and controlled substances;
• creates a stipend for a specialist to administer the plan; and
• requires the state board to establish a library of best practices.

Every vote on this bill

Bill text

ELECTRONIC CIGARETTES IN SCHOOLS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Susan Pulsipher
Senate Sponsor: 
Lincoln Fillmore
LONG TITLE
General Description:
This bill addresses student use of alcohol, tobacco, electronic cigarette products, and
other substances through education and prevention programs and discipline policies.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires local school boards to adopt discipline policies to address possession and
use of electronic cigarette products on school grounds;
▸ renames the Underage Drinking Prevention Program the Underage Drinking and
Substance Abuse Prevention Program;
▸ adds a requirement to teach a school-based prevention program for students in grade
4 or 5;
▸ adds a requirement to include education about the risks of electronic cigarette
products in a school-based prevention program;
▸ requires schools to create a plan to address the causes of student use of tobacco,
alcohol, electronic cigarette products, and controlled substances;
▸ creates a stipend for a specialist to administer the plan; and
▸ requires the state board to establish a library of best practices.
Money Appropriated in this Bill:
This bill appropriates:
▸ to State Board of Education - State Administrative Office:
• from the Education Fund, $5,084,200.
Other Special Clauses:
This bill provides a special effective date.
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
53F-9-304
, as last amended by Laws of Utah 2019, Chapter 186
53G-1-103
, as enacted by Laws of Utah 2018, Chapter 3
53G-7-1202
, as last amended by Laws of Utah 2019, Chapters 150, 293, and 505
53G-7-1205
, as last amended by Laws of Utah 2019, Chapters 150, 167, and 293
53G-8-203
, as last amended by Laws of Utah 2019, Chapters 293 and 446
53G-8-209
, as last amended by Laws of Utah 2019, Chapter 293
53G-8-505
, as renumbered and amended by Laws of Utah 2018, Chapter 3
53G-8-508
, as last amended by Laws of Utah 2019, Chapter 293
53G-10-405
, as last amended by Laws of Utah 2019, Chapter 293
53G-10-406
, as last amended by Laws of Utah 2019, Chapter 293
ENACTS:
53G-10-407
, Utah Code Annotated 1953
Utah Code Sections Affected by Coordination Clause:
53G-1-103
, as enacted by Laws of Utah 2018, Chapter 3
 59-14-807
, Utah Code Annotated 1953
Appropriation Affected by Coordination Clause:
Uncodified Section 12, Appropriation
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53F-9-304
 is amended to read:
53F-9-304.
Underage Drinking and Substance Abuse Prevention Program
Restricted Account.
(1) As used in this section, "account" means the Underage Drinking 
and Substance
Abuse
 Prevention Program Restricted Account created in this section.
(2) There is created within the Education Fund a restricted account known as the
"Underage Drinking 
and Substance Abuse
 Prevention Program Restricted Account."
(3) (a) Before the Department of Alcoholic Beverage Control deposits any portion of
the markup collected under Section 
32B-2-304
 into the Liquor Control Fund in accordance
with Section 
32B-2-301
, the Department of Alcoholic Beverage Control shall deposit into the
account:
(i) for the fiscal year that begins July 1, 2017, $1,750,000; or
(ii) for each fiscal year that begins on or after July 1, 2018, an amount equal to the
amount that the Department of Alcoholic Beverage Control deposited into the account during
the preceding fiscal year increased or decreased by a percentage equal to the percentage
difference between the Consumer Price Index for the second preceding calendar year and the
Consumer Price Index for the preceding calendar year.
(b) For purposes of this Subsection (3), the Department of Alcoholic Beverage Control
shall calculate the Consumer Price Index in accordance with 26 U.S.C. Secs. 1(f)(4) and
1(f)(5).
(4) The account shall be funded:
(a) in accordance with Subsection (3);
(b) by appropriations made to the account by the Legislature; and
(c) by interest earned on money in the account.
(5) The state board shall use money in the account for the Underage Drinking 
and
Substance Abuse
 Prevention Program described in Section 
53G-10-406
.
Section 2. Section 
53G-1-103
 is amended to read:
53G-1-103.
Definitions.
[
Reserved
]
As used in this title, "electronic cigarette product" means "electronic cigarette" as that
term is defined in Section 
76-10-101
.
Section 3. Section 
53G-7-1202
 is amended to read:
53G-7-1202.
School community councils -- Duties -- Composition -- Election
procedures and selection of members.
(1) As used in this section:
(a) "Digital citizenship" means the norms of appropriate, responsible, and healthy
behavior related to technology use, including digital literacy, ethics, etiquette, and security.
(b) "Educator" means the same as that term is defined in Section 
53E-6-102
.
(c) (i) "Parent member" means a member of a school community council who is a
parent of a student who:
(A) is attending the school; or
(B) will be enrolled at the school during the parent's term of office.
(ii) "Parent member" may not include an educator who is employed at the school.
(d) "Safety principles" means safety principles that, when incorporated into programs
and resources, impact academic achievement by strengthening a safe and wholesome learning
environment, including continual efforts for safe technology utilization and digital citizenship.
(e) "School community council" means a council established at a district school in
accordance with this section.
(f) "School employee member" means a member of a school community council who is
a person employed at the school by the school or school district, including the principal.
(g) "School LAND Trust Program money" means money allocated to a school pursuant
to Section 
53F-2-404
.
(2) A district school, in consultation with the district school's local school board, shall
establish a school community council at the school building level for the purpose of:
(a) involving parents of students in decision making at the school level;
(b) improving the education of students;
(c) prudently expending School LAND Trust Program money for the improvement of
students' education through collaboration among parents, school employees, and the local
school board; and
(d) increasing public awareness of:
(i) school trust lands and related land policies;
(ii) management of the State School Fund established in Utah Constitution Article X,
Section V; and
(iii) educational excellence.
(3) (a) Except as provided in Subsection (3)(b), a school community council shall:
(i) create the School LAND Trust Program and LAND Trust plan in accordance with
Section 
53G-7-1206
;
(ii) advise and make recommendations to school and school district administrators and
the local school board regarding:
(A) the school and its programs;
(B) school district programs;
(C) a child access routing plan in accordance with Section 
53G-4-402
;
(D) safe technology utilization and digital citizenship; and
(E) other issues relating to the community environment for students;
(iii) provide for education and awareness on safe technology utilization and digital
citizenship that empowers:
(A) a student to make smart media and online choices; and
(B) a parent to know how to discuss safe technology use with the parent's child;
(iv) partner with the school's principal and other administrators to ensure that adequate
on and off campus Internet filtering is installed and consistently configured to prevent viewing
of harmful content by students and school personnel, in accordance with local school board
policy and Subsection 
53G-7-216
(3); [
and
]
(v) in accordance with state board rule regarding school community council
expenditures and funding limits:
(A) work with students, families, and educators to develop and incorporate safety
principles at the school; and
(B) hold at least an annual discussion with the school's principal and district
administrators regarding safety principles at the school and district level in order to coordinate
the school community council's effort to develop and incorporate safety principles at the
school[
. 
]
; and
(vi) provide input to the school's principal on a positive behaviors plan in accordance
with Section 
53G-10-407
.
(b) To fulfill the school community council's duties described in Subsections (3)(a)(iii)
and (iv), a school community council may:
(i) partner with one or more non-profit organizations; or
(ii) create a subcommittee.
(c) A school or school district administrator may not prohibit or discourage a school
community council from discussing issues, or offering advice or recommendations, regarding
the school and its programs, school district programs, the curriculum, or the community
environment for students.
(4) (a) Each school community council shall consist of school employee members and
parent members in accordance with this section.
(b) Except as provided in Subsection (4)(c) or (d):
(i) each school community council for a high school shall have six parent members and
four school employee members, including the principal; and
(ii) each school community council for a school other than a high school shall have
four parent members and two school employee members, including the principal.
(c) A school community council may determine the size of the school community
council by a majority vote of a quorum of the school community council provided that:
(i) the membership includes two or more parent members than the number of school
employee members; and
(ii) there are at least two school employee members on the school community council.
(d) (i) The number of parent members of a school community council who are not
educators employed by the school district shall exceed the number of parent members who are
educators employed by the school district.
(ii) If, after an election, the number of parent members who are not educators employed
by the school district does not exceed the number of parent members who are educators
employed by the school district, the parent members of the school community council shall
appoint one or more parent members to the school community council so that the number of
parent members who are not educators employed by the school district exceeds the number of
parent members who are educators employed by the school district.
(5) (a) Except as provided in Subsection (5)(f), a school employee member, other than
the principal, shall be elected by secret ballot by a majority vote of the school employees and
serve a two-year term. The principal shall serve as an ex officio member with full voting
privileges.
(b) (i) Except as provided in Subsection (5)(f), a parent member shall be elected by
secret ballot at an election held at the school by a majority vote of those voting at the election
and serve a two-year term.
(ii) (A) Except as provided in Subsection (5)(b)(ii)(B), only a parent of a student
attending the school may vote in, or run as a candidate in, the election under Subsection
(5)(b)(i).
(B) If an election is held in the spring, a parent of a student who will be attending the
school the following school year may vote in, and run as a candidate in, the election under
Subsection (5)(b)(i).
(iii) Any parent of a student who meets the qualifications of this section may file or
declare the parent's candidacy for election to a school community council.
(iv) (A) Subject to Subsections (5)(b)(iv)(B) and (5)(b)(iv)(C), a timeline for the
election of parent members of a school community council shall be established by a local
school board for the schools within the school district.
(B) An election for the parent members of a school community council shall be held
near the beginning of the school year or held in the spring and completed before the last week
of school.
(C) Each school shall establish a time period for the election of parent members of a
school community council under Subsection (5)(b)(iv)(B) that is consistent for at least a
four-year period.
(c) (i) At least 10 days before the date that voting commences for the elections held
under Subsections (5)(a) and (5)(b), the principal of the school, or the principal's designee,
shall provide notice to each school employee or parent of the opportunity to vote in, and run as
a candidate in, an election under this Subsection (5).
(ii) The notice shall include:
(A) the dates and times of the elections;
(B) a list of council positions that are up for election; and
(C) instructions for becoming a candidate for a community council position.
(iii) The principal of the school, or the principal's designee, shall oversee the elections
held under Subsections (5)(a) and (5)(b).
(iv) Ballots cast in an election held under Subsection (5)(b) shall be deposited in a
secure ballot box.
(d) Results of the elections held under Subsections (5)(a) and (5)(b) shall be made
available to the public upon request.
(e) (i) If a parent position on a school community council remains unfilled after an
election is held, the other parent members of the council shall appoint a parent who meets the
qualifications of this section to fill the position.
(ii) If a school employee position on a school community council remains unfilled after
an election is held, the other school employee members of the council shall appoint a school
employee to fill the position.
(iii) A member appointed to a school community council under Subsection (5)(e)(i) or
(ii) shall serve a two-year term.
(f) (i) If the number of candidates who file for a parent position or school employee
position on a school community council is less than or equal to the number of open positions,
an election is not required.
(ii) If an election is not held pursuant to Subsection (5)(f)(i) and a parent position
remains unfilled, the other parent members of the council shall appoint a parent who meets the
qualifications of this section to fill the position.
(iii) If an election is not held pursuant to Subsection (5)(f)(i) and a school employee
position remains unfilled, the other school employee members of the council shall appoint a
school employee who meets the qualifications of this section to fill the position.
(g) The principal shall enter the names of the council members on the School LAND
Trust website on or before October 20 of each year, pursuant to Section 
53G-7-1203
.
(h) Terms shall be staggered so that approximately half of the council members stand
for election each year.
(i) A school community council member may serve successive terms provided the
member continues to meet the definition of a parent member or school employee member as
specified in Subsection (1).
(j) Each school community council shall elect:
(i) a chair from its parent members; and
(ii) a vice chair from either its parent members or school employee members,
excluding the principal.
(6) (a) A school community council may create subcommittees or task forces to:
(i) advise or make recommendations to the council; or
(ii) develop all or part of a plan listed in Subsection (3).
(b) Any plan or part of a plan developed by a subcommittee or task force shall be
subject to the approval of the school community council.
(c) A school community council may appoint individuals who are not council members
to serve on a subcommittee or task force, including parents, school employees, or other
community members.
(7) (a) A majority of the members of a school community council is a quorum for the
transaction of business.
(b) The action of a majority of the members of a quorum is the action of the school
community council.
(8) A local school board shall provide training for a school community council each
year, including training:
(a) for the chair and vice chair about their responsibilities;
(b) on resources available on the School LAND Trust website; and
(c) on this part.
Section 4. Section 
53G-7-1205
 is amended to read:
53G-7-1205.
Charter trust land councils.
(1) As used in this section, "council" means a charter trust land council described in
this section.
(2) To receive School LAND Trust Program funding as described in Sections
53F-2-404
 and 
53G-7-1206
, a charter school governing board shall establish a charter trust
land council, which shall prepare a plan for the use of School LAND Trust Program money that
includes the elements described in Subsection 
53G-7-1206
(4).
(3) (a) The membership of the council shall include parents or grandparents of students
enrolled at the charter school and may include other members.
(b) The number of council members who are parents or grandparents of students
enrolled at the charter school shall exceed all other members combined by at least two.
(4) A charter school governing board may serve as the charter school's council if the
membership of the charter school governing board meets the requirements of Subsection (3)(b).
(5) (a) Except as provided in Subsection (5)(b), council members who are parents or
grandparents of students enrolled at the school shall be elected in accordance with procedures
established by the charter school governing board.
(b) Subsection (5)(a) does not apply to a charter school governing board that serves as
a council.
(6) A parent or grandparents of a student enrolled at a charter school shall serve as
chair or co-chair of the charter school's council.
(7) In accordance with state board rule regarding charter trust land council
expenditures and funding limits, a charter trust land council shall:
(a) work with students, families, and educators to develop and incorporate safety
principles, as defined in Section 
53G-7-1202
, at the school; and
(b) hold at least an annual discussion with charter school administrators to coordinate
efforts to develop and incorporate safety principles, as defined in Section 
53G-7-1202
, at the
school level. 
(8) A charter trust land council shall provide input to the school's principal on a
positive behaviors plan in accordance with Section 
53G-10-407
.
Section 5. Section 
53G-8-203
 is amended to read:
53G-8-203.
Conduct and discipline policies and procedures.
(1) The conduct and discipline policies required under Section 
53G-8-202
 shall
include:
(a) provisions governing student conduct, safety, and welfare;
(b) standards and procedures for dealing with students who cause disruption in the
classroom, on school grounds, on school vehicles, or in connection with school-related
activities or events;
(c) procedures for the development of remedial discipline plans for students who cause
a disruption at any of the places referred to in Subsection (1)(b);
(d) procedures for the use of reasonable and necessary physical restraint in dealing with
students posing a danger to themselves or others, consistent with Section 
53G-8-302
;
(e) standards and procedures for dealing with student conduct in locations other than
those referred to in Subsection (1)(b), if the conduct threatens harm or does harm to:
(i) the school;
(ii) school property;
(iii) a person associated with the school; or
(iv) property associated with a person described in Subsection (1)(e)(iii);
(f) procedures for the imposition of disciplinary sanctions, including suspension and
expulsion;
(g) specific provisions, consistent with Section 
53E-3-509
, for preventing and
responding to gang-related activities in the school, on school grounds, on school vehicles, or in
connection with school-related activities or events;
(h) standards and procedures for dealing with habitual disruptive or unsafe student
behavior in accordance with the provisions of this part; and
(i) procedures for responding to reports received through the SafeUT Crisis Line under
Subsection 
53B-17-1202
(3).
(2) (a) Each local school board shall establish a policy on detaining students after
regular school hours as a part of the district-wide discipline plan required under Section
53G-8-202
.
(b) (i) The policy described in Subsection (2)(a) shall apply to elementary school
students, grades kindergarten through 6.
(ii) The local school board shall receive input from teachers, school administrators, and
parents of the affected students before adopting the policy.
(c) The policy described in Subsection (2)(a) shall provide for:
(i) notice to the parent of a student prior to holding the student after school on a
particular day; and
(ii) exceptions to the notice provision if detention is necessary for the student's health
or safety.
(3) (a) Each LEA shall adopt a policy for responding to possession or use of electronic
cigarette products by a student on school property.
(b) The policy described in Subsection (3)(a) shall:
(i) prohibit students from possessing or using electronic cigarette products on school
property;
(ii) include policies or procedures for the confiscation or surrender of electronic
cigarette products; and
(iii) require a school administrator or school administrator's designee to dispose of or
destroy a confiscated electronic cigarette product.
(c) Notwithstanding Subsection (3)(b)(iii), an LEA may release a confiscated electronic
cigarette product to local law enforcement if:
(i) a school official has a reasonable suspicion that a confiscated electronic cigarette
product contains an illegal substance; and
(ii) local law enforcement requests that the LEA release the confiscated electronic
cigarette product to local law enforcement as part of an investigation or action.
Section 6. Section 
53G-8-209
 is amended to read:
53G-8-209.
Extracurricular activities -- Prohibited conduct -- Reporting of
violations -- Limitation of liability.
(1) The Legislature recognizes that:
(a) participation in student government and extracurricular activities may confer
important educational and lifetime benefits upon students, and encourages school districts and
charter schools to provide a variety of opportunities for all students to participate in such
activities in meaningful ways;
(b) there is no constitutional right to participate in these types of activities, and does
not through this section or any other provision of law create such a right;
(c) students who participate in student government and extracurricular activities,
particularly competitive athletics, and the adult coaches, advisors, and assistants who direct
those activities, become role models for others in the school and community;
(d) these individuals often play major roles in establishing standards of acceptable
behavior in the school and community, and establishing and maintaining the reputation of the
school and the level of community confidence and support afforded the school; and
(e) it is of the utmost importance that those involved in student government, whether as
officers or advisors, and those involved in competitive athletics and related activities, whether
students or staff, comply with all applicable laws and standards of behavior and conduct
themselves at all times in a manner befitting their positions and responsibilities.
(2) (a) The state board may, and local school boards and charter school governing
boards shall, adopt rules or policies implementing this section that apply to both students and
staff.
(b) The rules or policies described in Subsection (2)(a) shall include prohibitions
against the following types of conduct in accordance with Section 
53G-8-211
, while in the
classroom, on school property, during school sponsored activities, or regardless of the location
or circumstance, affecting a person or property described in Subsections 
53G-8-203
(1)(e)(i)
through (iv):
(i) use of foul, abusive, or profane language while engaged in school related activities;
(ii) illicit use, possession, or distribution of controlled substances or drug
paraphernalia, and the use, possession, or distribution of an electronic cigarette [
as defined in
Section 
76-10-101
] 
product
, tobacco, or alcoholic beverages contrary to law; and
(iii) hazing, demeaning, or assaultive behavior, whether consensual or not, including
behavior involving physical violence, restraint, improper touching, or inappropriate exposure
of body parts not normally exposed in public settings, forced ingestion of any substance, or any
act which would constitute a crime against a person or public order under Utah law.
(3) (a) School employees who reasonably believe that a violation of this section may
have occurred shall immediately report that belief to the school principal, district
superintendent, or chief administrative officer of a charter school.
(b) Principals who receive a report under Subsection (3)(a) shall submit a report of the
alleged incident, and actions taken in response, to the district superintendent or the
superintendent's designee within 10 working days after receipt of the report.
(c) Failure of a person holding a professional certificate to report as required under this
Subsection (3) constitutes an unprofessional practice.
(4) Limitations of liability set forth under Section 
53G-8-405
 apply to this section.
Section 7. Section 
53G-8-505
 is amended to read:
53G-8-505.
Definitions.
For purposes of Sections 
53G-8-506
 through 
53G-8-509
:
(1) The definitions in Sections 
58-37-2
, 
58-37a-3
, and 
58-37b-2
 apply to Sections
53G-8-506
 through 
53G-8-509
.
(2) "Prohibited act" means
:
(a)
 an act punishable under Section 
53G-8-602
, Section 
58-37-8
, Section 
58-37a-5
, or
Title 58, Chapter 37b, Imitation Controlled Substances Act[
.
]
; or
(b) possession of an electronic cigarette product by a student on school property.
(3) "School" means a public or private elementary or secondary school.
Section 8. Section 
53G-8-508
 is amended to read:
53G-8-508.
Admissibility of evidence in civil and criminal actions.
(1) Evidence relating to a violation of Section 
53G-8-505
, 
53G-8-506
, 
53G-8-507
, or
53G-8-509
, which is seized by school authorities acting alone, on their own authority, and not
in conjunction with or at the behest of law enforcement authorities is admissible in civil and
criminal actions.
(2) An LEA shall dispose of or destroy seized electronic cigarette products in
accordance with the LEA's policies adopted under Subsection 
53G-8-203
(3).
[
(2)
] 
(3)
 A search under this section must be based on at least a reasonable belief that
the search will turn up evidence of a violation of this part. The measures adopted for the search
must be reasonably related to the objectives of the search and not excessively intrusive in light
of the circumstances, including the age and sex of the person involved and the nature of the
infraction.
Section 9. Section 
53G-10-405
 is amended to read:
53G-10-405.
Instruction on the harmful effects of alcohol, tobacco, electronic
cigarette products, and controlled substances -- Rulemaking authority -- Assistance from
the Division of Substance Abuse and Mental Health.
(1) The state board shall adopt rules providing for instruction at each grade level on the
harmful effects of alcohol, tobacco, 
electronic cigarette products,
 and controlled substances
upon the human body and society. The rules shall require [
but are not limited to
] instruction on
the following:
(a) teaching of skills needed to evaluate advertisements for, and media portrayal of,
alcohol, tobacco, 
electronic cigarette products,
 and controlled substances;
(b) directing students towards healthy and productive alternatives to the use of alcohol,
tobacco, 
electronic cigarette products,
 and controlled substances; and
(c) discouraging the use of alcohol, tobacco, 
electronic cigarette products,
 and
controlled substances.
(2) At the request of the state board, the Division of Substance Abuse and Mental
Health shall cooperate with the state board in developing programs to provide this instruction.
(3) The state board shall participate in efforts to enhance communication among
community organizations and state agencies, and shall cooperate with those entities in efforts
which are compatible with the purposes of this section.
(4) The state board shall establish a library of documented best practices and resources
for alcohol, tobacco, and electronic cigarette product cessation interventions for use by local
school districts.
Section 10. Section 
53G-10-406
 is amended to read:
53G-10-406.
Underage Drinking and Substance Abuse Prevention Program --
State board rules.
(1) As used in this section:
(a) "Advisory council" means the Underage Drinking 
and Substance Abuse
 Prevention
Program Advisory Council created in this section.
(b) "Program" means the Underage Drinking 
and Substance Abuse
 Prevention Program
created in this section.
(c) "School-based prevention program" means an evidence-based program [
intended
for students aged 13 and older
] that:
(i) is aimed at preventing underage consumption of alcohol 
and underage use of
electronic cigarette products
;
(ii) is delivered by methods that engage students in storytelling and visualization;
(iii) addresses the behavioral risk factors associated with underage drinking 
and use of
electronic cigarette products
; and
(iv) provides practical tools to address the dangers of underage drinking 
and use of
electronic cigarette products
.
(2) There is created the Underage Drinking 
and Substance Abuse
 Prevention Program
that consists of:
(a) a school-based prevention program for students in grade 4 or 5;
[
(a)
] 
(b)
 a school-based prevention program for students in grade 7 or 8; and
[
(b)
] 
(c)
 a school-based prevention program for students in grade 9 or 10 that increases
awareness of the dangers of driving under the influence of alcohol.
(3) (a) Beginning with the 2018-19 school year, an LEA shall offer the program each
school year to each student in grade 7 or 8 and grade 9 or 10.
(b) In addition to Subsection (3)(a), beginning with the 2020-21 school year, an LEA
shall offer the program each school year to each student in grade 4 or 5.
[
(b)
] 
(c)
 An LEA shall select from the providers qualified by the state board under
Subsection (6) to offer the program.
(4) The state board shall administer the program with input from the advisory council.
(5) There is created the Underage Drinking 
and Substance Abuse
 Prevention Program
Advisory Council comprised of the following members:
(a) the executive director of the Department of Alcoholic Beverage Control or the
executive director's designee;
(b) the executive director of the Department of Health or the executive director's
designee;
(c) the director of the Division of Substance Abuse and Mental Health or the director's
designee;
(d) the director of the Division of Child and Family Services or the director's designee;
(e) the director of the Division of Juvenile Justice Services or the director's designee;
(f) the state superintendent or the state superintendent's designee; and
(g) two members of the state board, appointed by the chair of the state board.
(6) (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the state
board shall qualify one or more providers to provide the program to an LEA.
(b) In selecting a provider described in Subsection (6)(a), the state board shall consider:
(i) whether the provider's program complies with the requirements described in this
section;
(ii) the extent to which the provider's [
underage drinking
] prevention program aligns
with core standards for Utah public schools; and
(iii) the provider's experience in providing a program that is effective[
 at reducing
underage drinking
].
(7) (a) The state board shall use money from the Underage Drinking 
and Substance
Abuse
 Prevention Program Restricted Account described in Section 
53F-9-304
 for the
program.
(b) The state board may use money from the Underage Drinking Prevention Program
Restricted Account to fund up to .5 of a full-time equivalent position to administer the
program.
(8) The state board shall make rules that:
(a) beginning with the 2018-19 school year, require an LEA to offer the Underage
Drinking 
and Substance Abuse
 Prevention Program each school year to each student in grade 7
or 8 and grade 9 or 10; [
and
]
(b) beginning with the 2020-21 school year, require an LEA to offer the Underage
Drinking and Substance Abuse Prevention Program each school year to each student in grade 4
or 5; and
[
(b)
] 
(c)
 establish criteria for the state board to use in selecting a provider described in
Subsection (6).
Section 11. Section 
53G-10-407
 is enacted to read:
 53G-10-407.
Positive behaviors plan -- Positive behaviors specialist stipend --
Reports.
(1) As used in this section:
(a) "Positive behaviors plan" means a plan to address the causes of student use of
tobacco, alcohol, electronic cigarette products, and other controlled substances through
promoting positive behaviors.
(b) "Positive behaviors specialist" means an individual designated to administer a
positive behaviors plan.
(2) (a) A school principal shall:
(i) create a positive behaviors plan based on the input of students, parents, and staff;
and
(ii) submit the positive behaviors plan to the LEA governing board for approval.
(b) A positive behaviors plan shall address issues including peer pressure, mental
health, and creating meaningful relationships.
(c) A positive behaviors plan may include programs, clubs, service opportunities, and
pro-social activities.
(3) Each LEA shall designate one or more employees as a positive behaviors specialist
for each school to administer the positive behaviors plan.
(4) (a) The state board shall distribute annually to each school:
(i) $3,000 as a stipend for the positive behaviors specialists; and
(ii) $1,000 to administer the positive behaviors plan.
(b) Notwithstanding Subsection (4)(a), if funding is insufficient to cover the costs
associated with stipends, the state board may reduce the amount of the stipend.
(5) (a) A positive behaviors specialist shall annually submit a written report to the LEA
governing board detailing how the positive behaviors plan was implemented in the prior year.
(b) An LEA governing board shall submit an annual report to the state board
confirming that each school under the governing board's jurisdiction has an approved positive
behaviors plan.
Section 12. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2020, and ending June 30, 2021. These are additions to amounts previously appropriated for
fiscal year 2021. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
Act, the Legislature appropriates the following sums of money from the funds or accounts
indicated for the use and support of the government of the state of Utah.
ITEM 1
To State Board of Education - State Administrative Office
From Education Fund
$5,084,200
Schedule of Programs:
Student Support $5,084,200
The Legislature intends that:
(1) the State Board of Education use up to $4,300,000 of the appropriation under this
section to distribute to local education agencies to pay for stipends for positive behaviors
specialists and to administer school-level positive behaviors plans as described in Subsection
53G-10-407
(4)(a); and
(2) the State Board of Education use $784,200 for the cost of qualifying one or more
providers as described in Subsection 
53G-10-406
(6) to add an Underage Drinking and
Substance Abuse Prevention Program in grade 4 or 5, as described in Subsection
53G-10-406
(3)(b).
Section 13. 
Effective date.
(1) Except as provided in Subsection (2), if approved by two-thirds of all the members
elected to each house, this bill takes effect upon approval of the governor, or the day following
the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
signature, or in the case of a veto, the date of veto override.
(2) The following sections take effect on May 12, 2020:
(a) the amendments to Sections 
53F-9-304
, 
53G-7-1202
, 
53G-7-1205
, 
53G-10-405
,
and 
53G-10-406
; and
(b) the enactment of Section 
53G-10-407
.
Section 14. 
Coordinating H.B. 58 with S.B. 37 -- Substantive and technical
amendments.
If this H.B. 58 and S.B. 37, Electronic Cigarette and Other Nicotine Product
Amendments, both pass and become law, the Legislature intends that:
(1) the Office of Legislative Research and General Counsel, in preparing the Utah
Code database for publication, modify Section 
53G-1-103
 to read:
"As used in this title, "electronic cigarette product" means the same as that term is
defined in Section 
76-10-101."
;
(2) the Office of Legislative Research and General Counsel, in preparing the Utah
Code database for publication, modify Subsections 59-14-807(3) and (4) to read:
"(3) For each fiscal year, beginning with fiscal year 2021, and subject to appropriation
by the Legislature, the Division of Finance shall distribute from the Electronic Cigarette
Substance and Nicotine Product Tax Restricted Account:
(a) $2,000,000 which shall be allocated to the local health departments by the
Department of Health using the formula created in accordance with Section 
26A-1-116
;
(b) $2,000,000 to the Department of Health for statewide cessation programs and
prevention education;
(c) $1,180,000 to the Department of Public Safety for law enforcement officers aimed
at disrupting organizations and networks that provide tobacco products, electronic cigarette
products, nicotine products, and other illegal controlled substances to minors;
(d) $3,000,000 which shall be allocated to the local health departments by the
Department of Health using the formula created in accordance with Section 
26A-1-116
; and
(e) $5,084,200 to the State Board of Education for school-based prevention programs.
(4) (a) The local health departments shall use the money received in accordance with
Subsection (3)(a) for enforcing:
(i) the regulation provisions described in Section 
26-57-103
;
(ii) the labeling requirement described in Section 
26-57-104
; and
(iii) the penalty provisions described in Section 
26-62-305
.
(b) The Department of Health shall use the money received in accordance with
Subsection (3)(b) for the Youth Electronic Cigarette, Marijuana, and Other Drug Prevention
Program created in Section 
26-7-10
.
(c) The local health departments shall use the money received in accordance with
Subsection (3)(d) to issue grants under the Electronic Cigarette, Marijuana, and Other Drug
Prevention Grant Program created in Section 
26A-1-129
.
(d) The State Board of Education shall use the money received in accordance with
Subsection (3)(e) to distribute to local education agencies to pay for:
(i) stipends for positive behaviors specialists as described in Subsection
53G-10-407
(4)(a)(i);
(ii) the cost of administering the positive behaviors plan as described in Subsection
53G-10-407
(4)(a)(ii); and
(iii) the cost of implementing an Underage Drinking and Substance Abuse Prevention
Program in grade 4 or 5, as described in Subsection 
53G-10-406
(3)(b)."; and
(3) Item 1 of the appropriation in H.B. 58, Uncodified Section 12, Appropriation, be
modified to read:
"ITEM 1
To State Board of Education - State Administrative Office
From Electronic Cigarette Substance and Nicotine
Product Tax Restricted Account
$5,084,200
Schedule of Programs:
Student Support $5,084,200
The Legislature intends that:
(1) the State Board of Education use up to $4,300,000 of the appropriation under this
section to distribute to local education agencies to pay for stipends for positive behaviors
specialists and to administer school-level positive behaviors plans as described in Subsection
53G-10-407
(4)(a); and
(2) the State Board of Education use $784,200 for the cost of qualifying one or more
providers as described in Subsection 
53G-10-406
(6) to add an Underage Drinking and
Substance Abuse Prevention Program in grade 4 or 5, as described in Subsection
53G-10-406
(3)(b).".