Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 386 First Substitute (2022GS)

Sponsor

Rep. Welton, D.

Final action

Governor Signed 3/23/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• establishes a process for submitting an application and receiving LEA governing board approval for an innovation program;
• provides for the features of an innovation program, including alternative curriculum and alternative class schedule;
• specifies requirements for an innovation program application, including parental consent for student participation;
• provides a process for LEA governing board approval of an innovation program application;
• allows for a grant for additional costs related to an innovation program;
• provides for a review and assessment of the performance of an innovation program; and
• provides for the repeal of innovation program provisions.

Every vote on this bill

Bill text

EDUCATION INNOVATION PROGRAM
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Douglas R. Welton
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill enacts provisions relating to an innovation program for public education.
Highlighted Provisions:
This bill:
▸ establishes a process for submitting an application and receiving LEA governing
board approval for an innovation program;
▸ provides for the features of an innovation program, including alternative curriculum
and alternative class schedule;
▸ specifies requirements for an innovation program application, including parental
consent for student participation;
▸ provides a process for LEA governing board approval of an innovation program
application;
▸ allows for a grant for additional costs related to an innovation program;
▸ provides for a review and assessment of the performance of an innovation program;
and
▸ provides for the repeal of innovation program provisions. 
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2023:
• to the State Board of Education -- Contracted Initiatives and Grants, from the
Education Fund, one-time, $2,500,000.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53E-10-703
, as last amended by Laws of Utah 2020, Chapter 408
63I-1-253
, as last amended by Laws of Utah 2021, Chapters 14, 64, 106, 233, and 307
63I-1-263
, as last amended by Laws of Utah 2021, Chapters 70, 72, 84, 90, 171, 196,
260, 280, 282, 345, 382, 401, 421 and last amended by Coordination Clause, Laws
of Utah 2021, Chapter 382
63J-1-602.2
, as last amended by Laws of Utah 2021, Chapters 179, 344, 412, 421, and
424
ENACTS:
53G-10-601
, Utah Code Annotated 1953
53G-10-602
, Utah Code Annotated 1953
53G-10-603
, Utah Code Annotated 1953
53G-10-604
, Utah Code Annotated 1953
53G-10-605
, Utah Code Annotated 1953
53G-10-606
, Utah Code Annotated 1953
53G-10-607
, Utah Code Annotated 1953
53G-10-608
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53E-10-703
 is amended to read:
53E-10-703.
ULEAD director -- Qualification and employment -- Duties --
Reporting -- Annual conference.
(1) The ULEAD director shall:
(a) (i) hold a doctorate degree in education or an equivalent degree; and
(ii) have demonstrated experience in research and dissemination of best practices in
education; and
(b) (i) be a full-time employee; and
(ii) report to the state superintendent.
(2) The state superintendent shall:
(a) evaluate the director's performance annually;
(b) report on the director's performance to the selection committee; and
(c) provide space for the director and the director's staff.
(3) The director may hire staff, using only money specifically appropriated to ULEAD.
(4) The director shall perform the following duties and functions:
(a) gather current research on innovative and effective practices in K-12 education for
use by policymakers and practitioners;
(b) facilitate collaboration between LEAs, higher education researchers, and
practitioners by:
(i) sharing innovative and effective practices shown to improve student learning;
(ii) identifying experts in specific areas of practice; and
(iii) maintaining a research clearinghouse and directory of researchers; and
(c) analyze barriers to replication or adaption of innovative and successful practices
studied by ULEAD or contributed to the ULEAD research clearinghouse.
(5) The director shall:
(a) prioritize reports and other research based on recommendations of the steering
committee in accordance with Subsection 
53E-10-707
(5), and after consulting with individuals
described in Subsection 
53E-10-707
(6);
(b) identify Utah LEAs, or schools outside the public school system, that are:
(i) innovative in specific areas of practice; and
(ii) more effective or efficient than comparable LEAs in improving student learning;
(c) establish criteria for innovative practice reports to be performed by participating
institutions and included in the research clearinghouse, including report templates;
(d) arrange with participating institutions to generate innovative practice reports on
effective and innovative K-12 education practices; and
(e) (i) disseminate each innovative practice report to LEAs; and
(ii) publish innovative practice reports on the ULEAD website.
(6) In an innovative practice report, a participating institution shall:
(a) include or reference a review of research regarding the practice in which the subject
LEA has demonstrated success;
(b) identify through academically acceptable, evidence-based research methods the
causes of the LEA's successful practice;
(c) identify opportunities for LEAs to adopt or customize innovative or best practices;
(d) address limitations to successful replication or adaptation of the successful practice
by other LEAs, which may include barriers arising from federal or state law, state or LEA
policy, socioeconomic conditions, or funding limitations;
(e) include practical templates for successful replication and adaptation of successful
practices, following criteria established by the director;
(f) identify experts in the successful practice that is the subject of the innovative
practice report, including teachers or administrators at the subject LEA; and
(g) include:
(i) an executive summary describing the innovative practice report; and
(ii) a video component or other elements designed to ensure that an innovative practice
report is readily understandable by practitioners.
(7) 
(a)
 The director may, if requested by an LEA leader or policymaker, conduct an
evidence-based review of a possible innovation in an area of practice.
(b) The director shall:
(i) review the performance of an innovation program, as defined in Section
53G-10-601
, to determine the extent to which the learning and performance of students in an
opportunity class, as defined in Section 
53G-10-601
, met the criteria established in the
innovation program; and
(ii) report on the director's findings under Subsection (7)(b)(i):
(A) to the LEA governing board that approved the innovation program; and
(B) within 30 days after the completion of the school year during which the opportunity
class was functioning.
(8) The director may also accept innovative practice reports from trained practitioners
that meet the criteria set by the director.
(9) The director or a participating institution, to enable successful replication or
adaption of successful practices, may recommend to:
(a) the Legislature, amendments to state law; or
(b) the state board, revisions to state board rule, made in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, or policy.
(10) The director shall:
(a) report on the activities of ULEAD annually to the state board; and
(b) provide reports or other information to the state board upon state board request.
(11) The director shall:
(a) prepare an annual report on ULEAD research and other activities;
(b) submit the report in accordance with Section 
53E-1-201
 and 
53E-1-202
;
(c) publish the annual report on the ULEAD website; and
(d) disseminate the report to LEAs through electronic channels.
(12) The director shall facilitate and conduct an annual conference on successful and
innovative K-12 education practices, featuring:
(a) Utah education leaders; and
(b) practitioners and researchers, chosen by the director, to discuss the subjects of LEA
and other ULEAD activities, or other innovative and successful education practices.
Section 2. Section 
53G-10-601
 is enacted to read:
Part 6. Education Innovation Program
 53G-10-601.
Definitions.
As used in this part:
(1) "Alternative classroom schedule" means a classroom schedule that is different than
the schedule followed by other classrooms in the applicable school or LEA.
(2) "Alternative curriculum" means curriculum in one or more subject areas that is
different than the standard state-board approved or required curriculum offered in the subject
area or areas in the applicable school or LEA.
(3) "Applicable school or LEA" means the school or LEA in which an innovation
program is proposed or implemented.
(4) "Innovation grant" means a grant of money under Section 
53G-10-608
 to pay for
some or all innovation program costs.
(5) "Innovation program" means a program establishing an alternative classroom
schedule or an alternative curriculum, or both.
(6) "Innovation program application" means an application:
(a) proposing the implementation of an innovation program; and
(b) submitted under Section 
53G-10-603
 to the LEA governing board for the LEA in
which the innovation program is proposed.
(7) "Innovation program costs" means costs occasioned by an innovation program that
exceed costs of a class that is not subject to an innovation program.
(8) "K-12" means kindergarten through grade 12.
(9) "Opportunity class" means a school class within the public education system that
implements an innovation program.
(10) "Participating student" means a K-12 student who participates in an opportunity
class under an approved innovation program.
Section 3. Section 
53G-10-602
 is enacted to read:
 53G-10-602.
Establishment of innovation program -- LEA governing board
approval -- Parental consent required.
(1) An innovation program may be established for a K-12 class as provided in this part
if the innovation program is approved by the LEA governing board for the LEA in which the
proposed innovation program is to be implemented.
(2) A public school teacher may submit an innovation program application to the LEA
governing board for the LEA of the class or school in which the teacher proposes to implement
an innovation program.
(3) Before submitting an innovation program application, the public school teacher
intending to submit the innovation program application shall obtain the written consent
described in Section 
53G-10-603
 signed by parents of at least 20 prospective participating
students.
(4) An innovation program application shall be submitted no less than 90 days before
the beginning of student registration for the school year for which the innovation program is
proposed.
(5) (a) An LEA governing board shall approve or deny an innovation program
application within 60 days after the application is submitted.
(b) An LEA governing board may approve an innovation program application subject
to modifications or additional terms that the LEA governing board determines appropriate.
(6) An innovation program may be renewed for another school year if:
(a) the teacher in the opportunity class requests renewal;
(b) the teacher submits with the renewal request the written consent described in
Section 
53G-10-603
 signed by parents of at least 20 prospective participating students; and
(c) the LEA governing board approves the renewal.
Section 4. Section 
53G-10-603
 is enacted to read:
 53G-10-603.
Parental consent for student participating in opportunity class.
(1) A parent of a K-12 student may give the parent's consent for the student to
participate in an opportunity class by submitting the parent's written and signed consent, as
described in Subsection (2), to the public school teacher who proposes to submit an innovation
program application.
(2) (a) A public school teacher who intends to submit an innovation program
application shall provide a consent form to a parent of a prospective participating student.
(b) A form by which a parent consents to the enrollment of the parent's child in an
opportunity class shall contain:
(i) the name and a summary of the credentials of each teacher and other staff member
who will be teaching or working in the opportunity class;
(ii) an explanation that the opportunity class is experimental in nature and may not
receive approval to continue beyond the school year for which the innovation program is
approved;
(iii) a description of the alternative curriculum and alternative classroom schedule, as
applicable, that the innovation program application intends to seek approval for;
(iv) a description of how, when, and where the opportunity class instruction will take
place and whether the instruction will include in-person, virtual, or hybrid components;
(v) if the innovation application intends to include a proposed alternative curriculum, a
description of:
(A) the alternative curriculum and the instructional materials to be used in the
opportunity class; and
(B) the outcomes the opportunity class using the alternative curriculum is designed to
achieve; and
(vi) a statement accompanying the parent's signature indicating that the parent has read
the explanation of the opportunity class contained in the consent form and understands the
experimental nature of the opportunity class.
Section 5. Section 
53G-10-604
 is enacted to read:
 53G-10-604.
Innovation program application -- Requirements.
(1) An innovation program application shall include:
(a) the name and a summary of the credentials of each teacher and other staff member
who will be teaching or working in the opportunity class;
(b) the name of each student whose parent has submitted a consent form consenting to
the student becoming a participating student;
(c) a description of the alternative curriculum and alternative classroom schedule, as
applicable, that the innovation program application seeks approval for;
(d) a description of how, when, and where the opportunity class instruction will take
place and whether the instruction will include in-person, virtual, or hybrid components;
(e) any other innovative curriculum or classroom schedule adjustments intended to be
incorporated into the opportunity class to enhance the learning, performance, and educational
experience of participating students;
(f) criteria for measuring student learning and performance;
(g) an explanation of the assessment of the innovation program as provided in Section
53G-10-607
;
(h) if the innovation application includes a proposed alternative curriculum, a
description of:
(i) the alternative curriculum and the instructional materials to be used in the
opportunity class; and
(ii) the outcomes the opportunity class using the alternative curriculum is designed to
achieve;
(i) any additional funding needed to cover innovation program costs; and
(j) participating students' proposed access to or use of the transportation services,
playground facilities, cafeteria facilities, after-school or extra-curricular activities, special
education services, and other facilities, activities, or services normally provided by the
applicable school or LEA.
(2) An innovation program application that proposes an alternative curriculum may
include a proposal for a different curriculum or an innovative delivery of curriculum.
(3) An innovation program application that proposes an alternative classroom schedule
may include a proposal for a different classroom schedule that includes options for:
(a) different requirements for in-person, virtual, or hybrid instruction; and
(b) different provisions for length of student attendance at in-person, virtual, or hybrid
instruction.
(4) An innovation program application may include a request for an innovation grant.
Section 6. Section 
53G-10-605
 is enacted to read:
 53G-10-605.
Alternative curriculum and alternative classroom schedule
provisions.
(1) An alternative curriculum in an elementary school shall include English,
mathematics, science, or history and social science.
(2) If requested in an innovation program application that the LEA governing board
approves, a school in which an opportunity class is proposed to be located shall provide the
opportunity class with a classroom and other equipment and facilities normally provided to a
class within the school.
(3) A teacher in an opportunity class may make adjustments to the curriculum or
classroom schedule described in the approved innovation program as implementation of the
innovation program reveals the need or advisability of making adjustments to better meet the
needs of students or to better achieve the goals and objectives of the innovation program.
(4) A student may become a participating student in an opportunity class after the
beginning of a school year during a standard class change period if:
(a) the innovation program allows the addition of a participating student during the
school year;
(b) the student's parent consents as provided in Section 
53G-10-603
; and
(c) the teacher of the opportunity class consents.
Section 7. Section 
53G-10-606
 is enacted to read:
 53G-10-606.
Provisions applicable to participating students, staff in an
opportunity class, innovation programs, and LEAs.
(1) A participating student may use a transportation service offered to students who are
not participating students if:
(a) the participating student uses the transportation service on the same basis and at the
same times as the transportation service is offered to students who are not participating
students; or
(b) the innovation program provides for:
(i) the participating student's use of the transportation service; and
(ii) payment of the additional cost of the transportation service attributable to the
participating student's use of the transportation service.
(2) A participating student:
(a) shall be enrolled in the LEA where the opportunity class is operating; and
(b) is counted as any other student who is not a participating student for purposes of
calculating educational funding apportioned to the LEA.
(3) (a) A participating student is subject to a state assessment, as defined in Section
53E-4-301
, to the same extent as a student who is not a participating student.
(b) The results of state assessment taken by participating students may not be included
in assessment results for the school or LEA unless the test results are required to be included in
the school or LEA assessment results by:
(i) the approved innovation program; or
(ii) applicable law.
(4) A teacher or other staff member who teaches or works in an opportunity class:
(a) is an employee of the LEA where the opportunity class is located; and
(b) shall receive compensation and other benefits available generally to an individual
employed in a comparable position in the LEA.
(5) An opportunity class shall comply with:
(a) provisions of the approved innovation program; and
(b) all applicable federal, state, and local laws prohibiting discrimination or governing
the safety of students and teachers.
(6) An LEA:
(a) shall apportion education funds for instructional use of participating students in an
amount substantially similar to funds apportioned for instructional use of comparable students
who are not participating students; and
(b) is responsible to provide to participating students only the services described in the
approved innovation program.
Section 8. Section 
53G-10-607
 is enacted to read:
 53G-10-607.
Assessment of innovation program.
A teacher in an opportunity class shall:
(1) monitor the extent to which participating student learning and performance are
consistent with the criteria established in the innovation program;
(2) report the results under Subsection (1) to the LEA governing board, as provided in
the approved innovation program; and
(3) cooperate with and provide participating student learning and performance data to
the director of ULEAD, as defined in Section 
53E-10-701
, as the director performs the
director's duties under Subsection 
53E-10-703
(7)(b).
Section 9. Section 
53G-10-608
 is enacted to read:
 53G-10-608.
Innovation grants.
(1) An LEA governing board may approve a grant of up to $5,000 per opportunity class
for the school year if:
(a) a request for an innovation grant is included in the innovation application; and
(b) the LEA governing board determines that the grant is needed to:
(i) cover innovation program costs; and
(ii) help fulfill the goals and purposes of the opportunity class.
(2) If an LEA governing board approves a request for an innovation grant, the LEA
governing board shall send the state board written notice of the approval and the name of the
teacher who submitted the request for the innovation grant.
(3) (a) (i) Upon receipt of the written notice and authorization under Subsection (2), the
state board shall, subject to Subsection (3)(b), disburse the amount of the approved innovation
grant to the LEA governing board.
(ii) The LEA governing board shall distribute the money to the teacher of the
opportunity class to cover innovation program costs.
(b) (i) Except as provided in Subsection (3)(b)(iii), the maximum amount of money
that the state board may distribute for approved innovation grants is $500,000 per school year.
(ii) If the state board receives a written notice and authorization under Subsection (2)
after already distributing $500,000 for the school year, the state board shall notify the LEA
governing board that the grant money has been expended for the school year and that the state
board cannot distribute money for the approved innovation grant.
(iii) If the state board distributes less than $500,000 for approved innovation grants for
a school year, the difference between $500,000 and the amount distributed shall be rolled over
and included in the money available for distribution for approved innovation grants for the
following school year.
(4) The state board shall keep and account for all money appropriated for innovation
grants separate from other state board funds.
(5) A teacher receiving an innovation grant under this section may not use the money
from the grant for any purpose other than for innovation program costs.
(6) Any innovation grant money appropriated to the state board by the Legislature that
the state board has not distributed as provided in this section by June 30, 2027 shall lapse to the
Education Fund.
Section 10. Section 
63I-1-253
 is amended to read:
63I-1-253.
Repeal dates, Titles 53 through 53G.
(1) Section 
53-2a-105
, which creates the Emergency Management Administration
Council, is repealed July 1, 2022.
(2) Sections 
53-2a-1103
 and 
53-2a-1104
, which create the Search and Rescue Advisory
Board, are repealed July 1, 2022.
(3) Section 
53-5-703
, which creates the Concealed Firearm Review Board, is repealed
July 1, 2023.
(4) Subsection 
53-6-203
(1)(b)(ii), regarding being 19 years old at certification, is
repealed July 1, 2027.
(5) Subsection 
53-13-104
(6)(a), regarding being 19 years old at certification, is
repealed July 1, 2027.
(6) Section 
53B-6-105.5
, which creates the Technology Initiative Advisory Board, is
repealed July 1, 2024.
(7) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
(8) Section 
53B-17-1203
, which creates the SafeUT and School Safety Commission, is
repealed January 1, 2025.
(9) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
(10) Title 53B, Chapter 24, Part 4, Rural Residency Training Program, is repealed July
1, 2025.
(11) Subsection 
53C-3-203
(4)(b)(vii), which provides for the distribution of money
from the Land Exchange Distribution Account to the Geological Survey for test wells and other
hydrologic studies in the West Desert, is repealed July 1, 2030.
(12) Section 
53E-3-515
 is repealed January 1, 2023.
(13) In relation to a standards review committee, on January 1, 2023:
(a) in Subsection 
53E-4-202
(8), the language "by a standards review committee and the
recommendations of a standards review committee established under Section 
53E-4-203
" is
repealed; and
(b) Section 
53E-4-203
 is repealed.
(14) Subsections 
53E-3-503
(5) and (6), which create coordinating councils for youth in
custody, are repealed July 1, 2027.
(15) Section 
53E-4-402
, which creates the State Instructional Materials Commission, is
repealed July 1, 2022.
(16) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission, is
repealed July 1, 2023.
(17) Subsection 
53E-8-204
(4), which creates the advisory council for the Utah Schools
for the Deaf and the Blind, is repealed July 1, 2021.
(18) Section 
53F-2-420
, which creates the Intensive Services Special Education Pilot
Program, is repealed July 1, 2024.
(19) Section 
53F-5-203
 is repealed July 1, 2024.
(20) Section 
53F-5-212
 is repealed July 1, 2024.
(21) Section 
53F-5-213
 is repealed July 1, 2023.
(22) Section 
53F-5-214
, in relation to a grant for professional learning, is repealed July
1, 2025.
(23) Section 
53F-5-215
, in relation to an elementary teacher preparation grant, is
repealed July 1, 2025.
(24) Subsection 
53F-9-203
(7), which creates the Charter School Revolving Account
Committee, is repealed July 1, 2024.
(25) Section 
53F-9-501
 is repealed January 1, 2023.
(26) Subsections 
53G-4-608
(2)(b) and (4)(b), related to the Utah Seismic Safety
Commission, are repealed January 1, 2025.
(27) Subsection 
53G-8-211
(5), regarding referrals of a minor to court for a class C
misdemeanor, is repealed July 1, 2022.
(28) Title 53G, Chapter 10, Part 6, Education Innovation Program, is repealed July 1,
2027.
Section 11. Section 
63I-1-263
 is amended to read:
63I-1-263.
Repeal dates, Titles 63A to 63N.
(1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
(a) Section 
63A-16-102
 is repealed;
(b) Section 
63A-16-201
 is repealed; and
(c) Section 
63A-16-202
 is repealed.
(2) Subsection 
63A-5b-405
(5), relating to prioritizing and allocating capital
improvement funding, is repealed July 1, 2024.
(3) Section 
63A-5b-1003
, State Facility Energy Efficiency Fund, is repealed July 1,
2023.
(4) Sections 
63A-9-301
 and 
63A-9-302
, related to the Motor Vehicle Review
Committee, are repealed July 1, 2023.
(5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
1, 2028.
(6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
2025.
(7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
2024.
(8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
repealed July 1, 2023.
(9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
July 1, 2023.
(10) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
repealed July 1, 2026.
(11) Title 63A, Chapter 16, Part 7, Data Security Management Council, is repealed
July 1, 2025.
(12) Section 
63G-6a-805
, which creates the Purchasing from Persons with Disabilities
Advisory Board, is repealed July 1, 2026.
(13) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
2025.
(14) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
2024.
(15) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
(16) Subsection 
63J-1-602.1
(17), Nurse Home Visiting Restricted Account is repealed
July 1, 2026.
(17) (a) Subsection 
63J-1-602.1
(61), relating to the Utah Statewide Radio System
Restricted Account, is repealed July 1, 2022.
(b) When repealing Subsection 
63J-1-602.1
(61), the Office of Legislative Research and
General Counsel shall, in addition to the office's authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
(18) Subsection 
63J-1-602.2
(5), referring to dedicated credits to the Utah Marriage
Commission, is repealed July 1, 2023.
(19) Subsection 
63J-1-602.2
(6), referring to the Trip Reduction Program, is repealed
July 1, 2022.
(20) Subsection 
63J-1-602.2
[
(24)
]
(25)
, related to the Utah Seismic Safety
Commission, is repealed January 1, 2025.
(21) Title 63J, Chapter 4, Part 5, Resource Development Coordinating Committee, is
repealed July 1, 2027.
(22) In relation to the advisory committee created in Subsection 
63L-11-305
(3), on July
1, 2022:
(a) Subsection 
63L-11-305
(1)(a), which defines "advisory committee," is repealed; and
(b) Subsection 
63L-11-305
(3), which creates the advisory committee, is repealed.
(23) In relation to the Utah Substance Use and Mental Health Advisory Council, on
January 1, 2023:
(a) Sections 
63M-7-301
, 
63M-7-302
, 
63M-7-303
, 
63M-7-304
, and 
63M-7-306
 are
repealed;
(b) Section 
63M-7-305
, the language that states "council" is replaced with
"commission";
(c) Subsection 
63M-7-305
(1) is repealed and replaced with:
"(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
(d) Subsection 
63M-7-305
(2) is repealed and replaced with:
"(2) The commission shall:
(a) provide ongoing oversight of the implementation, functions, and evaluation of the
Drug-Related Offenses Reform Act; and
(b) coordinate the implementation of Section 
77-18-104
 and related provisions in
Subsections 
77-18-103
(2)(c) and (d).".
(24) The Crime Victim Reparations and Assistance Board, created in Section
63M-7-504
, is repealed July 1, 2027.
(25) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed July
1, 2022.
(26) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2026.
(27) Title 63N, Chapter 1, Part 5, Governor's Economic Development Coordinating
Council, is repealed July 1, 2024.
(28) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
(29) Section 
63N-2-512
, related to the Hotel Impact Mitigation Fund, is repealed July
1, 2028.
(30) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
January 1, 2021.
(b) Section 
59-9-107
 regarding tax credits against premium taxes is repealed for
calendar years beginning on or after January 1, 2021.
(c) Notwithstanding Subsection(30)(b), an entity may carry forward a tax credit in
accordance with Section 
59-9-107
 if:
(i) the person is entitled to a tax credit under Section 
59-9-107
 on or before December
31, 2020; and
(ii) the qualified equity investment that is the basis of the tax credit is certified under
Section 
63N-2-603
 on or before December 31, 2023.
(31) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed
July 1, 2023.
(32) Title 63N, Chapter 7, Part 1, Board of Tourism Development, is repealed July 1,
2025.
(33) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant Program,
is repealed January 1, 2028.
Section 12. Section 
63J-1-602.2
 is amended to read:
63J-1-602.2.
List of nonlapsing appropriations to programs.
Appropriations made to the following programs are nonlapsing:
(1) The Legislature and the Legislature's committees.
(2) The State Board of Education, including all appropriations to agencies, line items,
and programs under the jurisdiction of the State Board of Education, in accordance with
Section 
53F-9-103
.
(3) The Percent-for-Art Program created in Section 
9-6-404
.
(4) The LeRay McAllister Critical Land Conservation Program created in Section
11-38-301
.
(5) Dedicated credits accrued to the Utah Marriage Commission as provided under
Subsection 
17-16-21
(2)(d)(ii).
(6) The Trip Reduction Program created in Section 
19-2a-104
.
(7) The Division of Wildlife Resources for the appraisal and purchase of lands under
the Pelican Management Act, as provided in Section 
23-21a-6
.
(8) The emergency medical services grant program in Section 
26-8a-207
.
(9) The primary care grant program created in Section 
26-10b-102
.
(10) Sanctions collected as dedicated credits from Medicaid provider under Subsection
26-18-3
(7).
(11) The Utah Health Care Workforce Financial Assistance Program created in Section
26-46-102
.
(12) The Rural Physician Loan Repayment Program created in Section 
26-46a-103
.
(13) The Opiate Overdose Outreach Pilot Program created in Section 
26-55-107
.
(14) Funds that the Department of Alcoholic Beverage Control retains in accordance
with Subsection 
32B-2-301
 (9)(a) or (b).
(15) The General Assistance program administered by the Department of Workforce
Services, as provided in Section 
35A-3-401
.
(16) The Utah National Guard, created in Title 39, Militia and Armories.
(17) The State Tax Commission under Section 
41-1a-1201
 for the:
(a) purchase and distribution of license plates and decals; and
(b) administration and enforcement of motor vehicle registration requirements.
(18) The Search and Rescue Financial Assistance Program, as provided in Section
53-2a-1102
.
(19) The Motorcycle Rider Education Program, as provided in Section 
53-3-905
.
(20) The Utah Board of Higher Education for teacher preparation programs, as
provided in Section 
53B-6-104
.
(21) The Medical Education Program administered by the Medical Education Council,
as provided in Section 
53B-24-202
.
(22) Innovation grants under Section 
53G-10-608
, except as provided in Subsection
53G-10-608
(6).
[
(22)
] 
(23)
 The Division of Services for People with Disabilities, as provided in
Section 
62A-5-102
.
[
(23)
] 
(24)
 The Division of Fleet Operations for the purpose of upgrading underground
storage tanks under Section 
63A-9-401
.
[
(24)
] 
(25)
 The Utah Seismic Safety Commission, as provided in Section 
63C-6-104
.
[
(25)
] 
(26)
 Appropriations to the Division of Technology Services for technology
innovation as provided under Section 
63A-16-903
.
[
(26)
] 
(27)
 The Office of Administrative Rules for publishing, as provided in Section
63G-3-402
.
[
(27)
] 
(28)
 The Colorado River Authority of Utah, created in Title 63M, Chapter 14,
Colorado River Authority of Utah Act.
[
(28)
] 
(29)
 The Governor's Office of Economic Opportunity to fund the Enterprise
Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
[
(29)
] 
(30)
 Appropriations to fund the Governor's Office of Economic Opportunity's
Rural Employment Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural
Employment Expansion Program.
[
(30)
] 
(31)
 Appropriations to fund programs for the Jordan River Recreation Area as
described in Section 
65A-2-8
.
[
(31)
] 
(32)
 The Division of Human Resource Management user training program, as
provided in Section 
63A-17-106
.
[
(32)
] 
(33)
 A public safety answering point's emergency telecommunications service
fund, as provided in Section 
69-2-301
.
[
(33)
] 
(34)
 The Traffic Noise Abatement Program created in Section 
72-6-112
.
[
(34)
] 
(35)
 The money appropriated from the Navajo Water Rights Negotiation
Account to the Division of Water Rights, created in Section 
73-2-1.1
, for purposes of
participating in a settlement of federal reserved water right claims.
[
(35)
] 
(36)
 The Judicial Council for compensation for special prosecutors, as provided
in Section 
77-10a-19
.
[
(36)
] 
(37)
 A state rehabilitative employment program, as provided in Section
78A-6-210
.
[
(37)
] 
(38)
 The Utah Geological Survey, as provided in Section 
79-3-401
.
[
(38)
] 
(39)
 The Bonneville Shoreline Trail Program created under Section 
79-5-503
.
[
(39)
] 
(40)
 Adoption document access as provided in Sections 
78B-6-141
, 
78B-6-144
,
and 
78B-6-144.5
.
[
(40)
] 
(41)
 Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
Defense Commission.
[
(41)
] 
(42)
 The program established by the Division of Facilities Construction and
Management under Section 
63A-5b-703
 under which state agencies receive an appropriation
and pay lease payments for the use and occupancy of buildings owned by the Division of
Facilities Construction and Management.
Section 13. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
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 State Board of Education -- Contracted Initiatives and Grants
From Education Fund, One-time
$2,500,000
Schedule of Programs:
Education Innovation Program $2,500,000
The Legislature intends that the money appropriated to the State Board of Education be
used and distributed as provided in Title 53G, Chapter 10, Part 6, Education Innovation
Program.