63C-23-201.  Education and Mental Health Coordinating Council — Membership — Quorum and voting requirements — Compensation — Staff support.

(1)  There is created the Education and Mental Health Coordinating Council to:

Terms Used In Utah Code 63C-23-201

  • advisory council: means a board, commission, or council that:
(a) provides advice and makes recommendations to another person or entity who makes policy for the benefit of the general public;
(b) is created by and whose duties are provided by statute or by executive order; and
(c) performs its duties only under the supervision of another person as provided by statute. See Utah Code 63C-1-102
  • Council: means the Education and Mental Health Coordinating Council created in Section 63C-23-201. See Utah Code 63C-23-102
  • Quorum: The number of legislators that must be present to do business.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • (a)  provide action-oriented guidance to legislative and other state leaders on how to meet the behavioral health needs, including mental health and substance use issues, facing youth and families within the state; and

    (b)  ensure close collaboration and alignment with existing statewide behavioral health efforts and groups, including:

    (i)  the Behavioral Health Crisis Response Commission created in Section 63C-18-202; and

    (ii)  the Utah Substance Use and Mental Health Advisory Council created in Section 63M-7-301.

    (2)  The council consists of the following members:

    (a)  a member of the House of Representatives whom the speaker of the House of Representatives appoints;

    (b)  a member of the Senate whom the president of the Senate appoints;

    (c)  an individual with expertise in behavioral health whom the governor appoints;

    (d)  the state superintendent of public instruction appointed under Section 53E-3-301 or the state superintendent’s designee;

    (e)  the chief executive officer of the Huntsman Mental Health Institute at the University of Utah or the chief executive officer’s designee;

    (f)  the director of the Division of Substance Abuse and Mental Health or the director’s designee;

    (g)  the commissioner of higher education appointed under Section 53B-1-408 or the commissioner’s designee; and

    (h)  the following individuals whom the president of the Senate and the speaker of the House of Representatives jointly appoint:

    (i)  a community-oriented behavioral health leader from the private sector;

    (ii)  the president or chief executive officer of an association that represents hospitals within the state;

    (iii)  a community health executive from an academic medical system;

    (iv)  a community health executive from an integrated healthcare system;

    (v)  the president or chief executive officer of a nonprofit organization that provides comprehensive mental health care to children and families across the socioeconomic spectrum; and

    (vi)  a mental health research expert.

    (3) 

    (a)  The members described in Subsections (2)(a) and (2)(h)(i) shall serve as co-chairs of the council.

    (b)  A council member whom the speaker of the House of Representatives and the president of the Senate jointly appoint under Subsection (2)(h), and the council member whom the governor appoints under Subsection (2)(c), shall serve a term of two years.

    (c)  The speaker of the House of Representatives, the president of the Senate, and the governor shall:

    (i)  make the initial appointments described in Subsection (2) before July 1, 2021; and

    (ii)  make appointments for subsequent terms for the council positions described in Subsection (2)(b) before July 1 of each odd-numbered year, by:

    (A)  reappointing the council member whose term expires under Subsection (3)(b); or

    (B)  appointing a new council member.

    (d)  The speaker of the House of Representatives and the president of the Senate may change the appointment described in Subsections (2)(a) and (b) at any time.

    (4) 

    (a)  The salary and expenses of a council member who is a legislator shall be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.

    (b)  A council member who is not a legislator:

    (i)  may not receive compensation or benefits for the member’s service on the council; and

    (ii)  may receive per diem and reimbursement for travel expenses that the council member incurs as a council member at the rates that the Division of Finance establishes under:

    (A)  Sections 63A-3-106 and 63A-3-107; and

    (B)  rules that the Division of Finance makes under Sections 63A-3-106 and 63A-3-107.

    (5) 

    (a)  A majority of the council members constitutes a quorum.

    (b)  The action of a majority of a quorum constitutes an action of the council.

    (6)  The Office of Legislative Research and General Counsel shall provide staff support to the council.

    Enacted by Chapter 171, 2021 General Session