Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 23 Second Substitute (2022GS)

Sponsor

Rep. Wilcox, R.

Final action

Governor Signed 3/22/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires all first responder agencies to provide mental health resources for employees, spouses, children, and retirees;
• provides for the Department of Public Safety to administer a grant program to provide mental health resources; and
• makes technical changes.

Every vote on this bill

Bill text

FIRST RESPONDER MENTAL HEALTH SERVICES
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor: 
Don L. Ipson
Cosponsors:
Cheryl K. Acton
Kera Birkeland
Jefferson S. Burton
James A. Dunnigan
Steve Eliason
Joel Ferry
Matthew H. Gwynn
Suzanne Harrison
Jon Hawkins
Sandra Hollins
Karen Kwan
Rosemary T. Lesser
Kelly B. Miles
Carol Spackman Moss
Stephanie Pitcher
Judy Weeks Rohner
Angela Romero
Mike Schultz
Casey Snider
Andrew Stoddard
Elizabeth Weight
Stephen L. Whyte
Brad R. Wilson
LONG TITLE
General Description:
This bill creates a grant program for mental health resources for first responders.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires all first responder agencies to provide mental health resources for
employees, spouses, children, and retirees;
▸ provides for the Department of Public Safety to administer a grant program to
provide mental health resources; and
▸ makes technical changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2023:
▸ to Department of Public Safety -- Programs and Operations, as a one-time
appropriation:
• from the General Fund, One-time, $5,000,000.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63I-2-262
, as last amended by Laws of Utah 2021, Chapters 156, 204, and 278
ENACTS:
53-20-101
, Utah Code Annotated 1953
53-20-102
, Utah Code Annotated 1953
53-20-103
, Utah Code Annotated 1953
REPEALS:
62A-15-120
, as enacted by Laws of Utah 2021, Chapter 156
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-20-101
 is enacted to read:
CHAPTER 20. MENTAL HEALTH RESOURCES FOR FIRST RESPONDERS
 53-20-101.
Definitions.
As used in this chapter:
(1) "Crime scene investigator technician" means an individual employed by a law
enforcement agency to collect and analyze evidence from crime scenes and crime-related
incidents.
(2) "Department" means the Department of Public Safety.
(3) "First responder" means:
(a) a law enforcement officer, as defined in Section 
53-13-103
;
(b) an emergency medical technician, as defined in Section 
26-8c-102
;
(c) an advanced emergency medical technician, as defined in Section 
26-8c-102
;
(d) a paramedic, as defined in Section 
26-8c-102
;
(e) a firefighter, as defined in Section 
34A-3-113
;
(f) a dispatcher, as defined in Section 
53-6-102
;
(g) a correctional officer, as defined in Section 
53-13-104
;
(h) a special function officer, as defined in Section 
53-13-105
, employed by a local
sheriff;
(i) a search and rescue worker under the supervision of a local sheriff;
(j) a credentialed criminal justice system victim advocate as defined in Section
77-38-403
 who responds to incidents with a law enforcement officer;
(k) a crime scene investigator technician; or
(l) a wildland firefighter.
(4) "First responder agency" means a local district, municipality, interlocal entity, or
other political subdivision that employs a first responder to provide fire protection, paramedic,
law enforcement, or emergency services.
(5) "Mental health resources" means:
(a) an assessment to determine appropriate mental health treatment that is performed
by a mental health therapist;
(b) outpatient mental health treatment provided by a mental health therapist; or
(c) peer support services provided by a peer support specialist who is qualified to
provide peer support services under Subsection 
62A-15-103
(2)(h).
(6) "Mental health therapist" means the same as that term is defined in Section
58-60-102
.
(7) "Plan" means a plan to implement or expand a program that provides mental health
resources to first responders for which the division awards a grant under this chapter.
Section 2. Section 
53-20-102
 is enacted to read:
 53-20-102.
Mental health services -- Requirement to provide --- Confidentiality.
(1) Every first responder agency within the state shall provide or make available mental
health resources to:
(a) all first responders;
(b) the spouse and children of first responders;
(c) surviving spouses of first responders whose death is classified as a line-of-duty
death under Title 49, Utah State Retirement and Insurance Benefit Act; and
(d) first responders who have retired from the agency.
(2) All access by first responders and their families to mental health resources shall be
kept confidential.
Section 3. Section 
53-20-103
 is enacted to read:
 53-20-103.
Grants to first responder agencies -- Rulemaking .
(1) The department may award grants to first responder agencies to provide mental
health resources in response to a:
(a) request for proposal;
(b) request for qualifications; or
(c) program description that meets the criteria in Subsection (2).
(2) The request for proposal, request for qualifications, or program description received
by the department shall require mental health providers contracted or employed by the first
responder agency to have training and experience in working with first responders and provide,
at a minimum, the following services:
(a) regular periodic screenings for all employees within the first responder agency;
(b) assessments and availability to mental health services for personnel directly
involved in a critical incident within 12 hours of the incident; and
(c) access to the mental health program for:
(i) spouses and children of first responders; and
(ii) first responders who have retired from the agency.
(3) An application from a first responder agency for a grant under this chapter shall
provide the following details:
(a) a proposed plan to provide mental health resources to first responders in the first
responder agency;
(b) the number of first responders to be served by the proposed plan;
(c) how the proposed plan will ensure timely and effective provision of mental health
resources to first responders in the first responder agency;
(d) the cost of the proposed plan; and
(e) the sustainability of the proposed plan.
(4) In evaluating a project proposal for a grant under this section, the department shall
consider:
(a) the extent to which the first responders that will be served by the proposed plan are
likely to benefit from the proposed plan;
(b) the cost of the proposed plan; and
(c) the viability of the proposed plan.
(5) A first responder agency may not apply for a grant to fund a program already in
place. However, a request for proposal to fund an expansion of an already existing program
shall, in addition to the requirements of Subsection (4), provide:
(a) the scope and cost of the agency's current program;
(b) the number of additional first responders the expansion will serve; and
(c) whether the expansion will provide services under Subsection (2) that the current
program does not provide.
(6) The department shall prioritize grant funding for:
(a) counties of the 3rd, 4th, 5th, and 6th class;
(b) cities of the 3rd, 4th, and 5th class; and
(c) towns.
(7) The department may adopt rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to:
(a) set parameters for services for retirees; and
(b) administer this chapter.
Section 4. Section 
63I-2-262
 is amended to read:
63I-2-262.
Repeal dates -- Title 62A.
(1) Subsection 
62A-5-103.1
(6) is repealed January 1, 2023.
[
(2) Section 
62A-15-120
 is repealed January 1, 2025.
]
[
(3)
] 
(2)
 Section 
62A-15-122
 is repealed January 2, 2025
.
[
(4)
] 
(3)
 Title 62A, Chapter 15, Part 19, Mental Health Crisis Intervention Council, is
repealed January 1, 2023.
Section 5. 
Repealer.
This bill repeals:
Section 
62A-15-120
,
Mental health resources for first responders grant program.
Section 6. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
fiscal year 2023. 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 Department of Public Safety -- Programs and Operations
From General Fund, One-time
$5,000,000
Schedule of Programs:
Highway Patrol - Special Services $5,000,000
The Legislature intends that:
(1) the appropriation under this item be used to award grants under Title 53, Chapter
20, Mental Health Resources for First Responders; and
(2) under Section 
63J-1-603
, the one-time appropriation provided under this item not
lapse at the close of fiscal year 2023 and the use of any nonlapsing funds is limited to the
purposes described in Subsection (1) of this item.