Bill Summary – FastDemocracy

Enrolled Copy                                                                        H.B. 332
                      SPECIAL NEEDS SCHOLARSHIP AMENDMENTS
                                        2020 GENERAL SESSION
                                            STATE OF UTAH
                                  Chief Sponsor: Mike Schultz
                                Senate Sponsor: Lincoln Fillmore
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 LONG TITLE
 General Description:
        This bill creates the Special Needs Opportunity Scholarship Program and related
 income tax credits.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < creates the Special Needs Opportunity Scholarship Program (program);
        < establishes requirements for a scholarship recipient and a private school that accepts
 scholarship money;
        < requires the State Board of Education to oversee the program, including selection of
 a scholarship granting organization;
        < establishes the duties of a scholarship granting organization, including:
            C   accepting program donations;
            C   awarding scholarships; and
            C   issuing tax credit certificates;
        < creates a nonrefundable corporate income tax credit and a nonrefundable individual
 income tax credit for certain program donations;
        < prohibits a taxpayer from claiming more than one state income tax benefit from
 making the donation; and
        < makes technical changes.
 Money Appropriated in this Bill:
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        None
 Other Special Clauses:
        This bill provides a special effective date.
        This bill provides a coordination clause.
 Utah Code Sections Affected:
 AMENDS:
        53-10-108, as last amended by Laws of Utah 2019, Chapters 136, 192, and 404
        53E-1-202, as enacted by Laws of Utah 2019, Chapter 324 and last amended by
 Coordination Clause, Laws of Utah 2019, Chapter 223
        53E-8-403, as last amended by Laws of Utah 2019, Chapter 314
        53F-4-303, as last amended by Laws of Utah 2019, Chapter 186
        59-7-109, as last amended by Laws of Utah 1995, Chapter 311
 ENACTS:
        53E-7-401, Utah Code Annotated 1953
        53E-7-402, Utah Code Annotated 1953
        53E-7-403, Utah Code Annotated 1953
        53E-7-404, Utah Code Annotated 1953
        53E-7-405, Utah Code Annotated 1953
        53E-7-406, Utah Code Annotated 1953
        53E-7-407, Utah Code Annotated 1953
        59-7-625, Utah Code Annotated 1953
        59-10-1041, Utah Code Annotated 1953
 Utah Code Sections Affected by Coordination Clause:
        53E-1-202, as enacted by Laws of Utah 2019, Chapter 324 and last amended by
 Coordination Clause, Laws of Utah 2019, Chapter 223
54
 Be it enacted by the Legislature of the state of Utah:
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       Enrolled Copy                                                                           H.B. 332
        Section 1. Section 53-10-108 is amended to read:
        53-10-108. Restrictions on access, use, and contents of division records -- Limited
 use of records for employment purposes -- Challenging accuracy of records -- Usage fees
 -- Missing children records -- Penalty for misuse of records.
        (1) As used in this section:
        (a) "FBI Rap Back System" means the rap back system maintained by the Federal
 Bureau of Investigation.
        (b) "Rap back system" means a system that enables authorized entities to receive
 ongoing status notifications of any criminal history reported on individuals whose fingerprints
 are registered in the system.
        (c) "WIN Database" means the Western Identification Network Database that consists
 of eight western states sharing one electronic fingerprint database.
        (2) Dissemination of information from a criminal history record, including information
 obtained from a fingerprint background check, name check, warrant of arrest information, or
 information from division files, is limited to:
        (a) criminal justice agencies for purposes of administration of criminal justice and for
 employment screening by criminal justice agencies;
        (b) (i) agencies or individuals pursuant to a specific agreement with a criminal justice
 agency to provide services required for the administration of criminal justice;
        (ii) the agreement shall specifically authorize access to data, limit the use of the data to
 purposes for which given, and ensure the security and confidentiality of the data;
        (c) a qualifying entity for employment background checks for their own employees and
 persons who have applied for employment with the qualifying entity;
        (d) noncriminal justice agencies or individuals for any purpose authorized by statute,
 executive order, court rule, court order, or local ordinance;
        (e) agencies or individuals for the purpose of obtaining required clearances connected
 with foreign travel or obtaining citizenship;
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        (f) agencies or individuals for the purpose of a preplacement adoptive study, in
 accordance with the requirements of Sections 78B-6-128 and 78B-6-130;
        (g) private security agencies through guidelines established by the commissioner for
 employment background checks for their own employees and prospective employees;
        (h) state agencies for the purpose of conducting a background check for the following
 individuals:
        (i) employees;
        (ii) applicants for employment;
        (iii) volunteers; and
        (iv) contract employees;
        (i) governor's office for the purpose of conducting a background check on the
 following individuals:
        (i) cabinet members;
        (ii) judicial applicants; and
        (iii) members of boards, committees, and commissions appointed by the governor;
        (j) the office of the lieutenant governor for the purpose of conducting a background
 check on an individual applying to be a notary public under Section 46-1-3.
        (k) agencies and individuals as the commissioner authorizes for the express purpose of
 research, evaluative, or statistical activities pursuant to an agreement with a criminal justice
 agency; [and]
        (l) the State Board of Education for employment background checks of individuals in
 accordance with Section 53E-7-404; and
        [(l)] (m) other agencies and individuals as the commissioner authorizes and finds
 necessary for protection of life and property and for offender identification, apprehension, and
 prosecution pursuant to an agreement.
        (3) An agreement under Subsection (2)(k) shall specifically authorize access to data,
 limit the use of data to research, evaluative, or statistical purposes, preserve the anonymity of
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        Enrolled Copy                                                                            H.B. 332
 individuals to whom the information relates, and ensure the confidentiality and security of the
 data.
           (4) (a) Before requesting information, a qualifying entity under Subsection (2)(c), state
 agency, or other agency or individual described in Subsections (2)(d) through (j) and (2)(l)
 shall obtain a signed waiver from the person whose information is requested.
           (b) The waiver shall notify the signee:
           (i) that a criminal history background check will be conducted;
           (ii) who will see the information; and
           (iii) how the information will be used.
           (c) A qualifying entity under Subsection (2)(c), state agency, or other agency or
 individual described in Subsections (2)(d) through (g) that submits a request for a noncriminal
 justice name based background check of local databases to the bureau shall provide to the
 bureau:
           (i) personal identifying information for the subject of the background check; and
           (ii) the fee required by Subsection (15).
           (d) A qualifying entity under Subsection (2)(c), state agency, or other agency or
 individual described in Subsections (2)(d) through (g) that submits a request for a WIN
 database check and a nationwide background check shall provide to the bureau:
           (i) personal identifying information for the subject of the background check;
           (ii) a fingerprint card for the subject of the background check; and
           (iii) the fee required by Subsection (15).
           (e) Information received by a qualifying entity under Subsection (2)(c), state agency, or
 other agency or individual described in Subsections (2)(d) through (j) may only be:
           (i) available to individuals involved in the hiring or background investigation of the job
 applicant, employee, or notary applicant;
           (ii) used for the purpose of assisting in making an employment appointment, selection,
 or promotion decision or for considering a notary applicant under Section 46-1-3; and
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           (iii) used for the purposes disclosed in the waiver signed in accordance with Subsection
 (4)(b).
           (f) An individual who disseminates or uses information obtained from the division
 under Subsections (2)(c) through (j) for purposes other than those specified under Subsection
 (4)(e), in addition to any penalties provided under this section, is subject to civil liability.
           (g) A qualifying entity under Subsection (2)(c), state agency, or other agency or
 individual described in Subsections (2)(d) through (j) that obtains background check
 information shall provide the subject of the background check an opportunity to:
           (i) review the information received as provided under Subsection (9); and
           (ii) respond to any information received.
           (h) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
 division may make rules to implement this Subsection (4).
           (i) The division or its employees are not liable for defamation, invasion of privacy,
 negligence, or any other claim in connection with the contents of information disseminated
 under Subsections (2)(c) through (j).
           (5) (a) Any criminal history record information obtained from division files may be
 used only for the purposes for which it was provided and may not be further disseminated,
 except under Subsection (5)(b), (c), or (d).
           (b) A criminal history provided to an agency pursuant to Subsection (2)(f) may be
 provided by the agency to the individual who is the subject of the history, another licensed
 child-placing agency, or the attorney for the adoptive parents for the purpose of facilitating an
 adoption.
           (c) A criminal history of a defendant provided to a criminal justice agency under
 Subsection (2)(a) may also be provided by the prosecutor to a defendant's defense counsel,
 upon request during the discovery process, for the purpose of establishing a defense in a
 criminal case.
           (d) A public transit district, as described in Title 17B, Chapter 2a, Part 8, Public
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        Enrolled Copy                                                                          H.B. 332
 Transit District Act, that is under contract with a state agency to provide services may, for the
 purposes of complying with Subsection 62A-5-103.5(5), provide a criminal history record to
 the state agency or the agency's designee.
        (6) The division may not disseminate criminal history record information to qualifying
 entities under Subsection (2)(c) regarding employment background checks if the information is
 related to charges:
        (a) that have been declined for prosecution;
        (b) that have been dismissed; or
        (c) regarding which a person has been acquitted.
        (7) (a) This section does not preclude the use of the division's central computing
 facilities for the storage and retrieval of criminal history record information.
        (b) This information shall be stored so it cannot be modified, destroyed, or accessed by
 unauthorized agencies or individuals.
        (8) Direct access through remote computer terminals to criminal history record
 information in the division's files is limited to those agencies authorized by the commissioner
 under procedures designed to prevent unauthorized access to this information.
        (9) (a) The commissioner shall establish procedures to allow an individual right of
 access to review and receive a copy of the individual's criminal history report.
        (b) A processing fee for the right of access service, including obtaining a copy of the
 individual's criminal history report under Subsection (9)(a) shall be set in accordance with
 Section 63J-1-504.
        (c) (i) The commissioner shall establish procedures for an individual to challenge the
 completeness and accuracy of criminal history record information contained in the division's
 computerized criminal history files regarding that individual.
        (ii) These procedures shall include provisions for amending any information found to
 be inaccurate or incomplete.
        (10) The private security agencies as provided in Subsection (2)(g):
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        (a) shall be charged for access; and
        (b) shall be registered with the division according to rules made by the division under
 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
        (11) Before providing information requested under this section, the division shall give
 priority to criminal justice agencies needs.
        (12) (a) It is a class B misdemeanor for a person to knowingly or intentionally access,
 use, disclose, or disseminate a record created, maintained, or to which access is granted by the
 division or any information contained in a record created, maintained, or to which access is
 granted by the division for a purpose prohibited or not permitted by statute, rule, regulation, or
 policy of a governmental entity.
        (b) A person who discovers or becomes aware of any unauthorized use of records
 created or maintained, or to which access is granted by the division shall inform the
 commissioner and the director of the Utah Bureau of Criminal Identification of the
 unauthorized use.
        (13) (a) Subject to Subsection (13)(b), a qualifying entity or an entity described in
 Subsection (2) may request that the division register fingerprints taken for the purpose of
 conducting current and future criminal background checks under this section with:
        (i) the WIN Database rap back system, or any successor system;
        (ii) the FBI Rap Back System; or
        (iii) a system maintained by the division.
        (b) A qualifying entity or an entity described in Subsection (2) may only make a
 request under Subsection (13)(a) if the entity:
        (i) has the authority through state or federal statute or federal executive order;
        (ii) obtains a signed waiver from the individual whose fingerprints are being registered;
 and
        (iii) establishes a privacy risk mitigation strategy to ensure that the entity only receives
 notifications for individuals with whom the entity maintains an authorizing relationship.
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        Enrolled Copy                                                                        H.B. 332
         (14) The division is authorized to submit fingerprints to the FBI Rap Back System to
 be retained in the FBI Rap Back System for the purpose of being searched by future
 submissions to the FBI Rap Back System, including latent fingerprint searches.
         (15) (a) The division shall impose fees set in accordance with Section 63J-1-504 for
 the applicant fingerprint card, name check, and to register fingerprints under Subsection
 (13)(a).
         (b) Funds generated under this Subsection (15) shall be deposited into the General
 Fund as a dedicated credit by the department to cover the costs incurred in providing the
 information.
         (c) The division may collect fees charged by an outside agency for services required
 under this section.
         (16) For the purposes of conducting a criminal background check authorized under
 Subsection (2)(h), (i), or (j), the Department of Human Resource Management, in accordance
 with Title 67, Chapter 19, Utah State Personnel Management Act, and the governor's office
 shall have direct access to criminal background information maintained under Title 53, Chapter
 10, Part 2, Bureau of Criminal Identification.
         Section 2. Section 53E-1-202 is amended to read:
         53E-1-202. Reports to and action required of the Public Education
 Appropriations Subcommittee.
         (1) In ac