Representative Lee B. Perry proposes the following substitute bill:


1     
CAMPUS SAFETY AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jani Iwamoto

5     
House Sponsor: Lee B. Perry

6     

7     LONG TITLE
8     General Description:
9          This bill requires the State Board of Regents to study and make recommendations for
10     providing public safety services on college and university campuses.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     requires the State Board of Regents to:
15               •     coordinate with government and community organizations to study and make
16     recommendations for providing public safety services on college and university
17     campuses; and
18               •     present a final report of the study and recommendations to the Education
19     Interim Committee and the Law Enforcement and Criminal Justice Interim
20     Committee.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          This bill provides a coordination clause.
25     Utah Code Sections Affected:
26     AMENDS:
27          53E-1-201, as last amended by Laws of Utah 2019, Chapter 324 and last amended by
28     Coordination Clause, Laws of Utah 2019, Chapters 41, 205, 223, 342, 446, and 476
29     ENACTS:
30          53B-28-402, Utah Code Annotated 1953
31     Utah Code Sections Affected by Coordination Clause:
32          53E-1-201, as last amended by Laws of Utah 2019, Chapter 324 and last amended by
33     Coordination Clause, Laws of Utah 2019, Chapters 41, 205, 223, 342, 446, and 476
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 53B-28-402 is enacted to read:
37          53B-28-402. Campus safety study -- Report to Legislature.
38          (1) As used in this section:
39          (a) "Campus law enforcement" means a unit of an institution that provides public
40     safety services.
41          (b) (i) "Institution" means an institution of higher education described in Section
42     53B-2-101.
43          (ii) "Institution" includes an institution's campus law enforcement.
44          (c) "Local district" means the same as that term is defined in Section 17B-1-102.
45          (d) "Local law enforcement" means a state or local law enforcement agency other than
46     campus law enforcement.
47          (e) "Public safety services" means police services, security services, dispatch services,
48     emergency services, or other similar services.
49          (f) "Sexual violence" means the same as that term is defined in Section 53B-28-301.
50          (g) "Special service district" means the same as that term is defined in Section
51     17D-1-102.
52          (h) "Student" means the same as that term is defined in Section 53B-28-301.
53          (i) "Student organization" means the same as that term is defined in Section
54     53B-28-401.
55          (2) The board shall:
56          (a) study issues related to providing public safety services on institution campuses,
57     including:
58          (i) policies and practices for hiring, supervision, and firing of campus law enforcement
59     officers;
60          (ii) training of campus law enforcement in responding to incidents of sexual violence
61     or other crimes reported by or involving a student, including training related to lethality or
62     similar assessments;
63          (iii) how campus law enforcement and local law enforcement respond to reports of
64     incidents of sexual violence or other crimes reported by or involving a student, including
65     supportive measures for victims and disciplinary actions for perpetrators;
66          (iv) training provided to faculty, staff, students, and student organizations on campus
67     safety and prevention of sexual violence;
68          (v) roles, responsibilities, jurisdiction, and authority of local law enforcement and
69     campus law enforcement, including authority based on:
70          (A) the type of public safety services provided; or
71          (B) geographic boundaries;
72          (vi) how an institution and local law enforcement coordinate to respond to on-campus
73     and off-campus incidents requiring public safety services, including:
74          (A) legal requirements or restrictions affecting coordination;
75          (B) agreements, practices, or procedures governing coordination between an institution
76     and local law enforcement, including mutual support, sharing information, or dispatch
77     management;
78          (C) any issues that may affect the timeliness of a response to an on-campus or
79     off-campus incident reported by or involving a student;
80          (vii) infrastructure, staffing, and equipment considerations that impact the effectiveness
81     of campus law enforcement or local law enforcement responses to an on-campus or off-campus
82     incident reported by or involving a student;
83          (viii) the benefits and disadvantages of an institution employing campus law
84     enforcement compared to local law enforcement providing public safety services on an
85     institution campus;
86          (ix) an institution's compliance with federal and state crime statistic reporting
87     requirements;
88          (x) how an institution informs faculty, staff, and students about a crime or emergency
89     on campus;
90          (xi) national best practices for providing public safety services on institution campuses,
91     including differences in best practices based on the size, infrastructure, location, and other
92     relevant characteristics of a college or university; and
93          (xii) any other issue the board determines is relevant to the study;
94          (b) make recommendations for providing public safety services on institution campuses
95     statewide;
96          (c) produce a final report of the study described in this section, including the
97     recommendations described in Subsection (2)(b); and
98          (d) in accordance with Section 68-3-14, present the final report described in Subsection
99     (2)(c) to the Education Interim Committee and the Law Enforcement and Criminal Justice
100     Interim Committee at or before the committees' November 2021 meetings.
101          (3) In carrying out the board's duties under this section, the board may coordinate with
102     individuals and organizations with knowledge, expertise, or experience related to the board's
103     duties under this section, including:
104          (a) the Utah System of Technical Colleges Board of Trustees;
105          (b) the Utah Department of Health;
106          (c) the Utah Office for Victims of Crime;
107          (d) the Utah Council on Victims of Crime;
108          (e) institutions;
109          (f) local law enforcement;
110          (g) local districts or special service districts that provide 911 and emergency dispatch
111     service; and
112          (h) community and other non-governmental organizations.
113          Section 2. Section 53E-1-201 is amended to read:
114          53E-1-201. Reports to and action required of the Education Interim Committee.
115          (1) In accordance with applicable provisions and Section 68-3-14, the following
116     recurring reports are due to the Education Interim Committee:
117          (a) the report described in Section 9-22-109 by the STEM Action Center Board,
118     including the information described in Section 9-22-113 on the status of the computer science
119     initiative and Section 9-22-114 on the Computing Partnerships Grants Program;
120          [(a)] (b) the prioritized list of data research described in Section 35A-14-302 and the
121     report on research described in Section 35A-14-304 by the Utah Data Research Center;
122          [(b)] (c) the report described in Section 35A-15-303 by the State Board of Education on
123     preschool programs;
124          [(c)] (d) the report described in Section 53B-1-103 by the State Board of Regents on
125     career and technical education issues and addressing workforce needs;
126          [(d)] (e) the report described in Section 53B-1-107 by the State Board of Regents on
127     the activities of the State Board of Regents;
128          [(e)] (f) the report described in Section 53B-2a-104 by the Utah System of Technical
129     Colleges Board of Trustees on career and technical education issues;
130          [(f)] (g) the reports described in Section 53B-28-401 by the State Board of Regents and
131     the Utah System of Technical Colleges Board of Trustees regarding activities related to campus
132     safety;
133          [(g)] (h) the State Superintendent's Annual Report by the state board described in
134     Section 53E-1-203;
135          [(h)] (i) the annual report described in Section 53E-2-202 by the state board on the
136     strategic plan to improve student outcomes;
137          [(i)] (j) the report described in Section 53E-8-204 by the state board on the Utah
138     Schools for the Deaf and the Blind;
139          [(j)] (k) the report described in Section 53E-10-703 by the Utah Leading through
140     Effective, Actionable, and Dynamic Education director on research and other activities;
141          [(k)] (l) the report described in Section 53F-4-203 by the state board and the
142     independent evaluator on an evaluation of early interactive reading software;
143          [(l)] (m) the report described in Section 53F-4-407 by the state board on UPSTART;
144     and
145          [(m)] (n) the report described in Section 53F-5-405 by an independent evaluator of a
146     partnership that receives a grant to improve educational outcomes for students who are low
147     income[; and].
148          [(n) the report described in Section 63N-12-208 by the STEM Action Center Board,
149     including the information described in Section 63N-12-213 on the status of the computer
150     science initiative and Section 63N-12-214 on the Computing Partnerships Grants Program.]
151          (2) In accordance with applicable provisions and Section 68-3-14, the following
152     occasional reports are due to the Education Interim Committee:
153          (a) the report described in Section 35A-15-303 by the School Readiness Board by
154     November 30, 2020, on benchmarks for certain preschool programs;
155          (b) the report described in Section 53B-28-402 by the State Board of Regents on or
156     before the Education Interim Committee's November 2021 meeting;
157          [(b)] (c) the report described in Section 53E-3-519 by the state board regarding
158     counseling services in schools;
159          [(c)] (d) the reports described in Section 53E-3-520 by the state board regarding cost
160     centers and implementing activity based costing;
161          [(d)] (e) if required, the report described in Section 53E-4-309 by the state board
162     explaining the reasons for changing the grade level specification for the administration of
163     specific assessments;
164          [(e)] (f) if required, the report described in Section 53E-5-210 by the state board of an
165     adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
166          [(f)] (g) the report described in Section 53E-10-702 by Utah Leading through Effective,
167     Actionable, and Dynamic Education;
168          [(g)] (h) the report described in Section 53F-2-502 by the state board on the program
169     evaluation of the dual language immersion program;
170          [(h)] (i) if required, the report described in Section 53F-2-513 by the state board
171     evaluating the effects of salary bonuses on the recruitment and retention of effective teachers in
172     high poverty schools;
173          [(i)] (j) upon request, the report described in Section 53F-5-207 by the state board on
174     the Intergenerational Poverty Intervention Grants Program;
175          [(j)] (k) the report described in Section 53F-5-210 by the state board on the Educational
176     Improvement Opportunities Outside of the Regular School Day Grant Program;
177          [(k)] (l) the reports described in Section 53G-11-304 by the state board regarding
178     proposed rules and results related to educator exit surveys;
179          [(l)] (m) upon request, the report described in Section 53G-11-505 by the state board
180     on progress in implementing employee evaluations;
181          [(m)] (n) the report described in Section 62A-15-117 by the Division of Substance
182     Abuse and Mental Health, the State Board of Education, and the Department of Health
183     regarding recommendations related to Medicaid reimbursement for school-based health
184     services; and
185          [(n)] (o) the reports described in Section 63C-19-202 by the Higher Education Strategic
186     Planning Commission.
187          (3) In accordance with Section 53B-7-705, the Education Interim Committee shall
188     complete the review of the implementation of performance funding.
189          Section 3. Coordinating S.B. 80 with S.B. 72 -- Technical amendment.
190          If this S.B. 80 and S.B. 72, Revisor's Technical Corrections to Utah Code, both pass
191     and become law, it is the intent of the Legislature that the amendments to Section 53E-1-201 in
192     S.B. 80 supersede the amendments to Section 53E-1-201 in S.B. 72, when the Office of
193     Legislative Research and General Counsel prepares the Utah Code database for publication.