Bill Summary – FastDemocracy

Enrolled Copy                                                                            H.B. 61
                                 SCHOOL SAFETY REQUIREMENTS
                                       2023 GENERAL SESSION
                                             STATE OF UTAH
                                  Chief Sponsor: Ryan D. Wilcox
                                    Senate Sponsor: Don L. Ipson
 Cosponsors:                          Karianne Lisonbee
 Cheryl K. Acton Karen M. Peterson Dan N. Johnson
 8
 LONG TITLE
 General Description:
         This bill addresses school safety and security issues.
 Highlighted Provisions:
         This bill:
         < defines terms;
         < creates a state security chief position within the Department of Public Safety;
         < requires each county sheriff to identify an individual within the sheriff's office to
 coordinate between the county sheriff's office, the state security chief, and certain
 police chiefs within the county;
         < creates the School Security Task Force;
         < requires the task force to develop the qualifications, duties, and scope of authority
 of the state security chief;
         < requires the board to issue a request for proposals for firearm detection software and
 allows an LEA to enter into a contract to use the software;
         < provides for the board to administer a grant program for certain school safety and
 security services and materials;
         < requires every public primary and secondary school to conduct a threat assessment
 and designate a school safety specialist;
      H.B. 61                                                                      Enrolled Copy
        < modifies certain contracts concerning school resource officers, including the
 handling of certain student offenses;
        < creates requirements for policies concerning school resource officers;
        < adds components to the board's model critical response training program; and
        < makes technical and conforming amendments.
 Money Appropriated in this Bill:
        This bill appropriates in fiscal year 2024:
        < to the State Board of Education - Contracted Initiatives and Grants, as a one-time
 appropriation:
            C     from the Income Tax Fund, One-Time, $75,000,000;
        < to the State Board of Education - Policy, Communication, & Oversight:
            C     from the Income Tax Fund, $3,660,000; and
        < to the Department of Public Safety - Programs and Operations:
            C     from the General Fund, $283,000.
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        53G-8-701, as last amended by Laws of Utah 2019, Chapter 293
        53G-8-702, as last amended by Laws of Utah 2021, Chapter 279
        53G-8-703, as last amended by Laws of Utah 2019, Chapter 293
        53G-8-802, as last amended by Laws of Utah 2022, Chapter 399
        63I-2-253, as last amended by Laws of Utah 2022, Chapters 208, 229, 274, 354, 370,
 and 409
 ENACTS:
        53-22-101, Utah Code Annotated 1953
        53-22-102, Utah Code Annotated 1953
        53-22-103, Utah Code Annotated 1953
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       Enrolled Copy                                                                           H.B. 61
        53-22-104, Utah Code Annotated 1953
        53F-4-208, Utah Code Annotated 1953
        53F-5-220, Utah Code Annotated 1953
        53G-8-701.5, Utah Code Annotated 1953
        53G-8-703.2, Utah Code Annotated 1953
61
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 53-22-101 is enacted to read:
                              CHAPTER 22. SCHOOL SECURITY ACT
        53-22-101. School Security Act -- Definitions.
        As used in this chapter:
        (1) "Public school" means the same as that term is defined in Section 53G-9-205.1.
        (2) "School resource officer" or "SRO" means a law enforcement officer hired by a
 public school in accordance with Section 53G-8-703.
        (3) "State security chief" means an individual appointed by the commissioner under
 Section 53-22-102.
        Section 2. Section 53-22-102 is enacted to read:
        53-22-102. State security chief -- Creation -- Appointment.
        (1) There is created within the department a state security chief.
        (2) The state security chief:
        (a) is appointed by the commissioner with the approval of the governor;
        (b) is subject to the supervision and control of the commissioner;
        (c) may be removed at the will of the commissioner;
        (d) shall be qualified by experience and education to:
        (i) enforce the laws of this state relating to school safety;
        (ii) perform duties prescribed by the commissioner; and
        (iii) enforce rules made under this chapter.
        (3) The duties and responsibilities of the state security chief shall be determined by the
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        H.B. 61                                                                          Enrolled Copy
 Commissioner of Public Safety in conjunction with the School Security Task Force created in
 Section 53-22-104.
        Section 3. Section 53-22-103 is enacted to read:
        53-22-103. County sheriff responsibilities -- Coordination.
        Each county sheriff shall identify an individual within the sheriff's office to coordinate
 security responsibilities between the state security chief, the county sheriff's office, and the
 corresponding police chiefs whose jurisdiction includes a public school within the county.
        Section 4. Section 53-22-104 is enacted to read:
        53-22-104. School Security Task Force -- Membership -- Duties -- Per diem --
 Report -- Expiration.
        (1) There is created a School Security Task Force composed of the following 18
 members:
        (a) the House chair of the Law Enforcement and Criminal Justice Interim Committee,
 who shall serve as chair, and who shall ensure that at least three members of the task force are
 parents of children in Utah schools;
        (b) the House chair of the Criminal Code Evaluation Task Force;
        (c) a member of the Senate, appointed by the president of the Senate;
        (d) the state superintendent of the State Board of Education or the state
 superintendent's designee;
        (e) the school safety specialist to the State Board of Education;
        (f) the public safety liaison described in Section 53-1-106;
        (g) the commissioner of the Department of Public Safety or the commissioner's
 designee;
        (h) the director of the Utah Division of Juvenile Justice Youth Services or the director's
 designee;
        (i) a member of the Utah School Superintendents Association, selected by the president
 of the association;
        (j) two members of the Chiefs of Police Association, one from a city of the first or
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        Enrolled Copy                                                                                 H.B. 61
 second class and one from a city of the third, fourth, fifth, or sixth class, selected by the
 president of the association;
        (k) two members of the Sheriffs Association, one from a county of the first, second, or
 third class and one from a county of the fourth, fifth, or sixth class, selected by the president of
 the association;
        (l) a representative from the Utah Association of Public Charter Schools selected by
 the president of the association;
        (m) a representative from a school district, selected by the chair;
        (n) an expert in school security, selected by the chair;
        (o) a member of a local law enforcement agency recommended by the commissioner of
 the Department of Public Safety; and
        (p) a member of the SafeUT and School Safety Commission, selected by the chair.
        (2) The task force shall:
        (a) determine the specific qualifications, duties, and responsibilities of the state
 security chief created in Section 53-22-102;
        (b) create statewide standardized training requirements and hiring policies for school
 resource officers;
        (c) review and revise, if necessary, the model critical incident response training
 program developed under Section 53G-8-802;
        (d) develop training standards for active threats and emergency response in schools;
        (e) recommend standards for the use of school security specialists;
        (f) recommend safety and security protocols for the design, construction, and
 reconstruction of new and existing schools;
        (g) develop legislation to accomplish Subsections (a) through (e) for introduction in the
 2024 General Session; and
        (h) prepare a report and present any legislation developed to the Law Enforcement and
 Criminal Justice Interim Committee by November 30, 2023.
        (3) (a) A majority of the members of the task force constitutes a quorum.
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        H.B. 61                                                                         Enrolled Copy
         (b) The action of a majority of a quorum constitutes an action of the task force.
         (4) The Office of Legislative Research and General Counsel shall provide staff for the
 task force.
         (5) (a) Salaries and expenses of the members of the task force who are legislators shall
 be paid in accordance with:
         (i) Section 36-2-2;
         (ii) Legislative Joint Rules, Title 5, Chapter 2, Lodging, Meal, and Transportation
 Expenses; and
         (iii) Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.
         (b) A member of the task force who is not a legislator may not receive compensation
 for the member's work associated with the task force but may receive per diem and
 reimbursement for travel expenses incurred as a member of the task force at the rates
 established by the Division of Finance under:
         (i) Sections 63A-3-106 and 63A-3-107; and
         (ii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
 63A-3-107.
         (6) This task force expires December 31, 2023.
         Section 5. Section 53F-4-208 is enacted to read:
         53F-4-208. State board procurement for school security software.
         (1) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the state board
 shall issue a request for proposals, on or before June 15, 2023, and enter a contract with a
 private vendor for firearm detection software to detect and alert district personnel and first
 responders about the presence of visible, unholstered firearms on school property.
         (2) The contract described in Subsection (1) shall require the firearm detection
 software to be:
         (a) developed in the United States without the use of any third-party or open-source
 data;
         (b) protected by an awarded patent that includes a training database populated with
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        Enrolled Copy                                                                             H.B. 61
 frames of actual videos of firearms taken in relevant environments across diverse industries;
        (c) designated as qualified anti-terrorism technology under the federal SAFETY Act, 6
 U.S.C. Sec. 441 et seq.;
        (d) designed to integrate with existing security camera infrastructure at school districts;
        (e) managed directly by the contracted vendor through a constantly monitored
 operations center that is staffed by highly trained analysts in order to rapidly communicate
 possible threats to end users; and
        (f) successfully deployed in other states, school districts, and commercial users.
        (3) An LEA may enter into the contract described in Subsection (1) for firearm
 detection software at the LEA's schools.
        Section 6. Section 53F-5-220 is enacted to read:
        53F-5-220. School Safety and Support Grant Program -- Rulemaking.
        (1) The state board may award a grant to an LEA in response to an LEA request for
 proposal to provide a school with:
        (a) school resource officer services;
        (b) school safety specialists and school safety specialist training;
        (c) safety and security training by law enforcement agencies for school employees;
        (d) interoperable communication hardware, software, equipment maintenance, and
 training for first responder communication systems;
        (e) enhanced physical security at a school upon completion of the school's threat
 assessment;
        (f) first-aid kits for classrooms; or
        (g) bleeding control kits.
        (2) An LEA may not apply for a grant under this section to fund services already in
 place, but an LEA may submit a request for proposal to fund an expansion of or enhancement
 to existing services.
        (3) The state board shall prioritize grant funding for LEAs with low student counts that
 have designated a school safety specialist in each school.
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        H.B. 61                                                                       Enrolled Copy
        (4) The state board may adopt rules in accordance with Title 63G, Chapter 3, Utah
 Administrative Rulemaking Act, to administer this section.
        Section 7. Section 53G-8-701 is amended to read:
        53G-8-701. Definitions.
        As used in this part:
        (1) "Law enforcement agency" means the same as that term is defined in Section
 53-1-102.
        (2) "Public school" means the same as that term is defined in Section 53G-9-205.1.
        [(2)] (3) "School resource officer" or "SRO" means a law enforcement officer, as
 defined in Section 53-13-103, who contracts with or whose law enforcement agency contracts
 with an LEA to provide law enforcement services for the LEA.
        (4) "School safety specialist" means a school employee who is responsible for
 supporting school safety initiatives including the threat assessment described in Subsection
 53G-8-802(2)(g)(i).
        Section 8. Section 53G-8-701.5 is enacted to read:
        53G-8-701.5. Threat assessment and school safety specialist.
        Every public primary and secondary school shall:
        (1) conduct a threat assessment as described in Subsection 53G-8-802(2)(g)(i); and
        (2) designate a school safety specialist.
        Section 9. Section 53G-8-702 is amended to read:
        53G-8-702. School resource officer training -- Curriculum.
        (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
 state board shall make rules that prepare and make available a training program for school
 principals, school personnel, and school resource officers to attend.
        (2) To create the curriculum and materials for the training program described in
 Subsection (1), the state board shall:
        (a) work in conjunction with the State Commission on Criminal and Juvenile Justice
 created in Section 63M-7-201;
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        (b) solicit input from local school boards, charter school governing boards, and the
 Utah Schools for the Deaf and the Blind;
        (c) consult with a nationally recognized organization that provides resources and
 training for school resource officers;
        [(c)] (d) solicit input from local law enforcement and other interested community
 stakeholders; and
        [(d)] (e) consider the current United States Department of Education recommendations
 on school discipline and the role of a school resource officer.
        (3) The training program described in Subsection (1) may include training on the
 following:
        (a) childhood and adolescent development;
        (b) responding age-appropriately to students;
        (c) working with disabled students;
        (d) techniques to de-escalate and resolve conflict;
        (e) cultural awareness;
        (f) restorative justice practices;
        (g) identifying a student exposed to violence or trauma and referring the student to
 appropriate resources;
        (h) student privacy rights;
        (i) negative consequences associated with youth involvement in the juvenile and
 criminal justice systems;
        (j) strategies to reduce juvenile justice involvement;
        (k) roles of and distinctions between a school resource officer and other school staff
 who help keep a school secure;
        (l) developing and supporting successful relationships with students; and
        (m) legal parameters of searching and questioning students on school property.
        (4) The state board shall work together with the Department of Public Safety, the State
 Commission on Criminal and Juvenile Justice, and state and local law enforcement to establish
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        H.B. 61                                                                        Enrolled Copy
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