Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 46 (2025GS)

Sponsor

Sen. Vickers, Evan J.

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• addresses the scope of the Youth Electronic Cigarette, Marijuana, and Other Drug Prevention Program;
• requires the Youth Electronic Cigarette, Marijuana, and Other Drug Prevention Committee to meet at least quarterly;
• establishes an order of priority for the various program funding distributions from the Electronic Cigarette Substance and Nicotine Product Proceeds Restricted Account;
• extends the sunset dates for the Youth Electronic Cigarette, Marijuana, and Other Drug Prevention Committee and Program;
• addresses the ability of the state board to reduce distributions to local education authorities for positive behavior specialists or positive behavior plans, if funding is insufficient to cover the costs of the distributions; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

14
26B-1-428
53G-10-407
59-14-807
63I-1-226
63I-2-259
0
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
LONG TITLE
General Description:
This bill addresses the Youth Electronic Cigarette, Marijuana, and Other Drug Prevention 
Program, the Youth Electronic Cigarette, Marijuana, and Other Drug Prevention Committee, 
and the Electronic Cigarette Substance and Nicotine Product Proceeds Restricted Account.
Highlighted Provisions:
This bill:
addresses the scope of the Youth Electronic Cigarette, Marijuana, and Other Drug 
Prevention Program;
requires the Youth Electronic Cigarette, Marijuana, and Other Drug Prevention 
Committee to meet at least quarterly;
establishes an order of priority for the various program funding distributions from the 
Electronic Cigarette Substance and Nicotine Product Proceeds Restricted Account;
extends the sunset dates for the Youth Electronic Cigarette, Marijuana, and Other Drug 
Prevention Committee and Program;
addresses the ability of the state board to reduce distributions to local education 
authorities for positive behavior specialists or positive behavior plans, if funding is 
insufficient to cover the costs of the distributions; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-1-428
, as last amended by Laws of Utah 2024, Chapter 245
53G-10-407
, as last amended by Laws of Utah 2023, Chapter 98
59-14-807
, as last amended by Laws of Utah 2024, Chapter 470
63I-1-226
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
63I-2-259
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
26B-1-428
 is amended to read:
26B-1-428
. Youth Electronic Cigarette, Marijuana, and Other Drug Prevention 
Committee and Program -- Creation -- Membership -- Duties.
(1)
As used in this section:
(a)
"Committee" means the Youth Electronic Cigarette, Marijuana, and Other Drug 
Prevention Committee created in Section 
26B-1-204
.
(b)
"Program" means the Youth Electronic Cigarette, Marijuana, and Other Drug 
Prevention Program created in this section.
(2)
(a)
There is created within the department the Youth Electronic Cigarette, Marijuana, 
and Other Drug Prevention Program.
(b)
In consultation with the committee, the department shall:
(i)
establish guidelines for the use of funds appropriated to the program
 under 
Subsection 
59-14-807(3)(a)(vi)
;
(ii)
ensure that guidelines developed under Subsection (2)(b)(i) are evidence-based 
and appropriate for the population targeted by the program; and
(iii)
subject to appropriations from the Legislature
 under Subsection 
59-14-807(3)(a)(vi)
, fund statewide initiatives to prevent use of electronic 
cigarettes, nicotine products, marijuana, and other drugs by youth.
(3)
(a)
The committee shall
:
(i)
advise the department on:
(i)
(A)
preventing use of electronic cigarettes, marijuana, and other drugs by 
youth in the state;
(ii)
(B)
developing the guidelines described in Subsection (2)(b)(i); and
(iii)
(C)
implementing the provisions of the program
.
; and
(ii)
meet quarterly or more frequently as determined necessary by the department's 
designee under Subsection 
(3)(c)(ii)
.
(b)
The executive director shall:
(i)
appoint members of the committee; and
(ii)
consult with the Utah Substance Use and Mental Health Advisory Committee 
created in Section 
26B-5-801
 when making the appointments under Subsection 
(3)(b)(i).
(c)
The committee shall include, at a minimum:
(i)
the executive director of a local health department as defined in Section 
26A-1-102
, 
or the local health department executive director's designee;
(ii)
one designee from the department;
(iii)
one representative from the Department of Public Safety;
(iv)
one representative from the behavioral health community; and
(v)
one representative from the education community.
(d)
A member of the committee may not receive compensation or benefits for the 
member's service on the committee, but may receive per diem and travel expenses in 
accordance with:
(i)
Section 
63A-3-106
;
(ii)
Section 
63A-3-107
; and
(iii)
rules made by the Division of Finance under Sections 
63A-3-106
 and 
63A-3-107
.
(e)
The department shall provide staff support to the committee.
(4)
On or before October 31 of each year, the department shall report to:
(a)
the Health and Human Services Interim Committee regarding:
(i)
the use of funds appropriated to the program;
(ii)
the impact and results of the program, including the effectiveness of each 
program funded under Subsection (2)(b)(iii), during the previous fiscal year;
(iii)
a summary of the impacts and results on reducing youth use of electronic 
cigarettes and nicotine products by entities represented by members of the 
committee, including those entities who receive funding through the Electronic 
Cigarette Substance and Nicotine Product Proceeds Restricted Account created in 
Section 
59-14-807
; and
(iv)
any recommendations for legislation; and
(b)
the Utah Substance Use and Mental Health Advisory Committee created in Section 
26B-5-801
, regarding:
(i)
the effectiveness of each program funded under Subsection (2)(b)(iii) in 
preventing youth use of electronic cigarettes, nicotine products, marijuana, and 
other drugs; and
(ii)
any collaborative efforts and partnerships established by the program with public 
and private entities to prevent youth use of electronic cigarettes, marijuana, and 
other drugs.
Section 2, Section 
53G-10-407
 is amended 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)
Except as provided in 
Subject to Subsection 
(4)(b)
 and 
Section 
53F-2-525
, 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 distributions
, the state board may reduce the amount 
of 
the stipend
distributed
.
(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)
Except as provided in Subsection 
53F-2-525(5)
, 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 3, Section 
59-14-807
 is amended to read:
59-14-807
. Electronic Cigarette Substance and Nicotine Product Proceeds 
Restricted Account.
(1)
There is created within the General Fund a restricted account known as the "Electronic 
Cigarette Substance and Nicotine Product Proceeds Restricted Account."
(2)
The Electronic Cigarette Substance and Nicotine Product Proceeds Restricted Account 
consists of:
(a)
revenue collected from the tax imposed by Section 
59-14-804
;
(b)
fees and penalties collected under Section 
59-14-810
;
(c)
all money received by the attorney general or the Department of Commerce as a 
result of any judgment, settlement, or compromise of claims pertaining to alleged 
violations of law related to the manufacture, marketing, distribution, or sale of 
electronic cigarette products, as defined in Section 
76-10-101
:
(i)
if the total amount of the judgment, settlement, or compromise received by the 
state exceeds $1,000,000; and
(ii)
after reimbursement to the attorney general and the Department of Commerce for 
expenses related to the matters described in 
this 
Subsection (2)(c); and
(d)
amounts appropriated by the Legislature.
(3)
(a)
For
Subject to Subsections (3)(b) and (c), for
 each fiscal year and subject to 
appropriation by the Legislature, the Division of Finance shall distribute from the 
Electronic Cigarette Substance and Nicotine Product Proceeds Restricted Account:
(i)
$2,000,000 to the Department of Health and Human Services for enforcement 
services aimed at disrupting organizations and networks that provide tobacco 
products, electronic cigarette products, nicotine products, or other illegal 
controlled substances to minors, which the Department of Health and Human 
Services shall allocate to the local health departments using the formula created in 
accordance with Section 
26A-1-116
;
(ii)
$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;
(iii)
$1,000,000 to the Department of Health and Human Services for enforcement 
services aimed at disrupting organizations and networks that provide tobacco 
products, electronic cigarette products, nicotine products, and other illegal 
controlled substances to minors;
(iv)
$3,000,000 to the Department of Health and Human Services for community 
partner prevention programs, which the Department of Health and Human 
Services shall allocate to the local health departments using the formula created in 
accordance with Section 
26A-1-116
;
(v)
$1,000,000 to the Department of Health and Human Services for statewide 
cessation programs and prevention education;
(vi)
$2,000,000 to the Department of Health and Human Services for alcohol, 
tobacco, and other drug prevention, reduction, cessation, and control programs 
that promote unified messages and make use of media outlets, including radio, 
newspaper, billboards, and television; and
(vii)
$5,084,200 to the State Board of Education for school-based prevention 
programs.
(i)
$2,000,000, which shall be allocated to the local health departments by the 
Department of Health and Human Services using the formula created in 
accordance with Section 
26A-1-116
;
(ii)
$2,000,000 to the Department of Health and Human Services for statewide 
cessation programs and prevention education;
(iii)
$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;
(iv)
$3,000,000, which shall be allocated to the local health departments by the 
Department of Health and Human Services using the formula created in 
accordance with Section 
26A-1-116
;
(v)
$5,084,200 to the State Board of Education for school-based prevention 
programs;
(vi)
$2,000,000 to the Department of Health and Human Services for alcohol, 
tobacco, and other drug prevention, reduction, cessation, and control programs 
that promote unified messages and make use of media outlets, including radio, 
newspaper, billboards, and television; and
(vii)
(b)
If the amount in the Electronic Cigarette Substance and Nicotine Product 
Proceeds Restricted Account is insufficient to cover the distributions described in 
Subsection (3)(a), the Division of Finance shall make the distributions under 
Subsection (3)(a):
(i)
sequentially in the order of priority the distributions are listed under Subsection 
(3)(a);
(ii)
in full or, if insufficient funds are available to satisfy the next distribution in the 
sequence, in part; and
(iii)
until the available funds in the Electronic Cigarette Substance and Nicotine 
Product Proceeds Restricted Account are exhausted.
(c)
of the money deposited
For each fiscal year and subject to appropriation by the 
Legislature, the Division of Finance shall distribute from the funds deposited
 under 
Section 
59-14-810
 into the Electronic Cigarette Substance and Nicotine Product 
Proceeds Restricted Account
:
(A)
(i)
to the commission, in an amount equal to the amount necessary to create and 
maintain the registry described in Section 
59-14-810
;
(B)
(ii)
to the Department of Health and Human Services, in an amount necessary 
for completing duties described in Section 
59-14-810
; and
(C)
(iii)
to the Department of Health and Human Services, the remainder to be 
divided among the local health departments for inspection and enforcement 
described in Sections 
26A-1-131
 and 
59-14-810
.
(b)
If the amount in the Electronic Cigarette Substance and Nicotine Product Proceeds 
Restricted Account is insufficient to cover the distributions described in Subsection 
(3)(a), the distribution amounts shall be adjusted proportionately.
(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 
26B-7-505
;
(ii)
the labeling requirement described in Section 
26B-7-505
; and
(iii)
the penalty provisions described in Section 
26B-7-518
.
(b)
The Department of Health and Human Services shall use the money received in 
accordance with 
Subsection (3)(a)(ii)
Subsection 
(3)(a)(v)
 for the Youth Electronic 
Cigarette, Marijuana, and Other Drug Prevention Program created in Section 
26B-1-428
.
(c)
The local health departments shall use the money received in accordance with 
Subsection (3)(a)(iv) 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)(a)(v)
(3)(a)(vii)
 to distribute to local education agencies to pay for:
(i)
(A)
stipends for positive behaviors specialists as described in Subsection 
53G-10-407
(4)(a)(i);
(B)
the cost of administering the positive behaviors plan as described in 
Subsection 
53G-10-407
(4)(a)(ii); and
(C)
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); or
(ii)
a comprehensive prevention plan, as that term is defined in Section 
53F-2-525
.
(5)
(a)
The fund shall earn interest.
(b)
All interest earned on fund money shall be deposited into the fund.
(6)
Subject to legislative appropriations, funds remaining in the Electronic Cigarette 
Substance and Nicotine Product Proceeds Restricted Account after the distribution 
described in Subsection (3) may only be used for:
(a)
funding commission personnel to enforce compliance with the tax collection 
requirements of this part; and
(b)
programs and activities related to the prevention and cessation of electronic cigarette, 
nicotine products, marijuana, and other drug use.
Section 4, Section 
63I-1-226
 is amended to read:
63I-1-226
. Repeal dates: Titles 26 through 26B.
(1)
Subsection 
26B-1-204(2)(g)
, regarding the Youth Electronic Cigarette, Marijuana, and 
Other Drug Prevention Committee, is repealed July 1, 2030.
(1)
(2)
Subsection 
26B-1-204
(2)(h), regarding the Primary Care Grant Committee, is 
repealed July 1, 2025.
(2)
(3)
Section 
26B-1-315
, Medicaid ACA Fund, is repealed July 1, 2034.
(3)
(4)
Section 
26B-1-318
, Brain and Spinal Cord Injury Fund, is repealed July 1, 2029.
(4)
(5)
Section 
26B-1-402
, Rare Disease Advisory Council Grant Program -- Creation -- 
Reporting, is repealed July 1, 2026.
(5)
(6)
Section 
26B-1-409
, Utah Digital Health Service Commission -- Creation -- 
Membership -- Duties, is repealed July 1, 2025.
(6)
(7)
Section 
26B-1-410
, Primary Care Grant Committee, is repealed July 1, 2025.
(7)
(8)
Section 
26B-1-416
, Utah Children's Health Insurance Program Advisory Council, 
is repealed July 1, 2025.
(8)
(9)
Section 
26B-1-417
, Brain and Spinal Cord Injury Advisory Committee -- 
Membership -- Duties, is repealed July 1, 2029.
(9)
(10)
Section 
26B-1-422
, Early Childhood Utah Advisory Council -- Creation -- 
Compensation -- Duties, is repealed July 1, 2029.
(10)
(11)
Section 
26B-1-425
, Utah Health Workforce Advisory Council -- Creation and 
membership, is repealed July 1, 2027.
(11)
(12)
Section 
26B-1-428
, Youth Electronic Cigarette, Marijuana, and Other Drug 
Prevention Committee and Program -- Creation -- Membership -- Duties, is repealed 
July 1, 
2025
2030
.
(12)
(13)
Section 
26B-1-430
, Coordinating Council for Persons with Disabilities -- Policy 
regarding services to individuals with disabilities -- Creation -- Membership -- 
Expenses, is repealed July 1, 2027.
(13)
(14)
Section 
26B-1-432
, Newborn Hearing Screening Committee, is repealed July 1, 
2026.
(14)
(15)
Section 
26B-2-407
, Drinking water quality in child care centers, is repealed July 
1, 2027.
(15)
(16)
Subsection 
26B-3-107
(9), regarding reimbursement for dental hygienists, is 
repealed July 1, 2028.
(16)
(17)
Section 
26B-3-136
, Children's Health Care Coverage Program, is repealed July 
1, 2025.
(17)
(18)
Section 
26B-3-137
, Reimbursement for diabetes prevention program, is repealed 
June 30, 2027.
(18)
(19)
Subsection 
26B-3-213
(2)(b), regarding consultation with the Behavioral Health 
Crisis Response Committee, is repealed December 31, 2026.
(19)
(20)
Section 
26B-3-302
, DUR Board -- Creation and membership -- Expenses, is 
repealed July 1, 2027.
(20)
(21)
Section 
26B-3-303
, DUR Board -- Responsibilities, is repealed July 1, 2027.
(21)
(22)
Section 
26B-3-304
, Confidentiality of records, is repealed July 1, 2027.
(22)
(23)
Section 
26B-3-305
, Drug prior approval program, is repealed July 1, 2027.
(23)
(24)
Section 
26B-3-306
, Advisory committees, is repealed July 1, 2027.
(24)
(25)
Section 
26B-3-307
, Retrospective and prospective DUR, is repealed July 1, 2027.
(25)
(26)
Section 
26B-3-308
, Penalties, is repealed July 1, 2027.
(26)
(27)
Section 
26B-3-309
, Immunity, is repealed July 1, 2027.
(27)
(28)
Title 26B, Chapter 3, Part 5, Inpatient Hospital Assessment, is repealed July 1, 
2034.
(28)
(29)
Title 26B, Chapter 3, Part 6, Medicaid Expansion Hospital Assessment, is 
repealed July 1, 2034.
(29)
(30)
Title 26B, Chapter 3, Part 7, Hospital Provider Assessment, is repealed July 1, 
2028.
(30)
(31)
Section 
26B-3-910
, Alternative eligibility -- Report -- Alternative Eligibility 
Expendable Revenue Fund, is repealed July 1, 2028.
(31)
(32)
Section 
26B-4-710
, Rural residency training program, is repealed July 1, 2025.
(32)
(33)
Subsection 
26B-5-112
(1)(b), regarding consultation with the Behavioral Health 
Crisis Response Committee, is repealed December 31, 2026.
(33)
(34)
Subsection 
26B-5-112
(5)(b), regarding consultation with the Behavioral Health 
Crisis Response Committee, is repealed December 31, 2026.
(34)
(35)
Section 
26B-5-112.5
, Mobile Crisis Outreach Team Grant Program, is repealed 
December 31, 2026.
(35)
(36)
Section 
26B-5-114
, Behavioral Health Receiving Center Grant Program, is 
repealed December 31, 2026.
(36)
(37)
Section 
26B-5-118
, Collaborative care grant program, is repealed December 31, 
2024.
(37)
(38)
Section 
26B-5-120
, Virtual crisis outreach team grant program, is repealed 
December 31, 2026.
(38)
(39)
Subsection 
26B-5-609
(1)(a), regarding the Behavioral Health Crisis Response 
Committee, is repealed December 31, 2026.
(39)
(40)
Subsection 
26B-5-609
(3)(b), regarding the Behavioral Health Crisis Response 
Committee, is repealed December 31, 2026.
(40)
(41)
Subsection 
26B-5-610
(1)(b), regarding the Behavioral Health Crisis Response 
Committee, is repealed December 31, 2026.
(41)
(42)
Subsection 
26B-5-610
(2)(b)(ii), regarding the Behavioral Health Crisis Response 
Committee, is repealed December 31, 2026.
(42)
(43)
Section 
26B-5-612
, Integrated behavioral health care grant programs, is repealed 
December 31, 2025.
(43)
(44)
Title 26B, Chapter 5, Part 7, Utah Behavioral Health Commission, is repealed 
July 1, 2029.
(44)
(45)
Subsection 
26B-5-704
(2)(a), regarding the Behavioral Health Crisis Response 
Committee, is repealed December 31, 2026.
(45)
(46)
Subsection 
26B-5-704
(2)(b), regarding the Education and Mental Health 
Coordinating Committee, is repealed December 31, 2024.
(46)
(47)
Title 26B, Chapter 5, Part 8,
 Utah Substance Use and Mental Health Advisory 
Committee, is repealed January 1, 2033.
(47)
(48)
Section 
26B-7-119
, Hepatitis C Outreach Pilot Program, is repealed July 1, 2028.
(48)
(49)
Section 
26B-7-122
, Communication Habits to reduce Adolescent Threats Pilot 
Program, is repealed July 1, 2029.
(49)
(50)
Section 
26B-7-123
, Report on CHAT campaign, is repealed July 1, 2029.
(50)
(51)
Title 26B, Chapter 8, Part 5, Utah Health Data Authority, is repealed July 1, 
2026.
Section 5, Section 
63I-2-259
 is amended to read:
63I-2-259
. Repeal dates: Title 59.
(1)
Subsection 
59-7-610
(8), regarding claiming a tax credit in the same taxable year as the 
targeted business income tax credit, is repealed December 31, 2024.
(2)
Subsection 
59-7-614.10
(5), regarding claiming a tax credit in the same taxable year as 
the targeted business income tax credit, is repealed December 31, 2024.
(3)
Section 
59-7-624
, Targeted business income tax credit, is repealed December 31, 2024.
(4)
Subsection 
59-10-210
(2)(b)(vi), regarding Section 
59-10-1112
, is repealed December 
31, 2024.
(5)
Subsection 
59-10-1007
(8), regarding claiming a tax credit in the same taxable year as 
the targeted business income tax credit, is repealed December 31, 2024.
(6)
Subsection 
59-10-1037
(5), regarding claiming a tax credit in the same taxable year as 
the targeted business income tax credit, is repealed December 31, 2024.
(7)
Section 
59-10-1112
, Targeted business income tax credit, is repealed December 31, 
2024.
(8)
Subsections 
59-14-807(3)(a)(iii)
 and (4)(b), regarding the Youth Electronic Cigarette, 
Marijuana, and Other Drug Prevention Committee, are repealed July 1, 2030.
Section 6. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-6-25 5:39 PM