Utah 2023 Regular Session

Utah House Bill HB0481 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 481
	1	+	3rd Sub. H.B. 481
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: S. Larson 6
	4	+	6 02-28-23 8:33 AM 6
	5	+	H.B. 481
	6	+	3rd Sub. (Cherry)
	7	+	Representative Steve Eliason proposes the following substitute bill:
2	8		1 FIREARM SAFETY AND SUI CIDE PREVENTION EDUCATION
3	9		2 REQUIREMENTS
4	10		3 2023 GENERAL SESSION
5	11		4 STATE OF UTAH
6	12		5 Chief Sponsor: Sahara Hayes
7	13		6 Senate Sponsor: Stephanie Pitcher
8	14		7
9	15		8LONG TITLE
10	16		9General Description:
11	17		10 This bill modifies the suicide prevention information a school is required to provide a
12	18		11parent in certain circumstances.
13	19		12Highlighted Provisions:
14	20		13 This bill:
15	21		14 <requires a school to provide suicide prevention materials and information, including
16	22		15information on firearm safety, to a parent of a child who has threatened suicide or
17	23		16has been involved in an incident of bullying or other abusive conduct; and
18	24		17 <makes technical and conforming changes.
19	25		18Money Appropriated in this Bill:
20	26		19 None
21	27		20Other Special Clauses:
22	28		21 This bill provides a special effective date.
23	29		22Utah Code Sections Affected:
24	30		23AMENDS:
25	31		24 53G-9-601, as last amended by Laws of Utah 2019, Chapter 293
26	32		25 53G-9-604, as last amended by Laws of Utah 2019, Chapter 293
	33	+	HB0481S03 3rd Sub. (Cherry) H.B. 481 02-28-23 8:33 AM
	34	+	- 2 -
27	35		26
28	36		27Be it enacted by the Legislature of the state of Utah:
29	37		28 Section 1. Section 53G-9-601 is amended to read:
30		-	29 53G-9-601. Definitions. H.B. 481 Enrolled Copy
31		-	- 2 -
	38	+	29 53G-9-601. Definitions.
32	39		30 As used in this part:
33	40		31 (1) (a) "Abusive conduct" means verbal, nonverbal, or physical conduct of a parent or
34	41		32student directed toward a school employee that, based on its severity, nature, and frequency of
35	42		33occurrence, a reasonable person would determine is intended to cause intimidation,
36	43		34humiliation, or unwarranted distress.
37	44		35 (b) A single act does not constitute abusive conduct.
38	45		36 (2) "Bullying" means a school employee or student intentionally committing a written,
39	46		37verbal, or physical act against a school employee or student that a reasonable person under the
40	47		38circumstances should know or reasonably foresee will have the effect of:
41	48		39 (a) causing physical or emotional harm to the school employee or student;
42	49		40 (b) causing damage to the school employee's or student's property;
43	50		41 (c) placing the school employee or student in reasonable fear of:
44	51		42 (i) harm to the school employee's or student's physical or emotional well-being; or
45	52		43 (ii) damage to the school employee's or student's property;
46	53		44 (d) creating a hostile, threatening, humiliating, or abusive educational environment due
47	54		45to:
48	55		46 (i) the pervasiveness, persistence, or severity of the actions; or
49	56		47 (ii) a power differential between the bully and the target; or
50	57		48 (e) substantially interfering with a student having a safe school environment that is
51	58		49necessary to facilitate educational performance, opportunities, or benefits.
52	59		50 (3) "Communication" means the conveyance of a message, whether verbal, written, or
53	60		51electronic.
54	61		52 (4) "Cyber-bullying" means using the Internet, a cell phone, or another device to send
55	62		53or post text, video, or an image with the intent or knowledge, or with reckless disregard, that
56	63		54the text, video, or image will hurt, embarrass, or threaten an individual, regardless of whether
57	64		55the individual directed, consented to, or acquiesced in the conduct, or voluntarily accessed the
58		-	56electronic communication.
59		-	57 (5) (a) "Hazing" means a school employee or student intentionally, knowingly, or Enrolled Copy H.B. 481
	65	+	56electronic communication. 02-28-23 8:33 AM 3rd Sub. (Cherry) H.B. 481
60	66		- 3 -
	67	+	57 (5) (a) "Hazing" means a school employee or student intentionally, knowingly, or
61	68		58recklessly committing an act or causing another individual to commit an act toward a school
62	69		59employee or student that:
63	70		60 (i) (A) endangers the mental or physical health or safety of a school employee or
64	71		61student;
65	72		62 (B) involves any brutality of a physical nature, including whipping, beating, branding,
66	73		63calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or
67	74		64exposure to the elements;
68	75		65 (C) involves consumption of any food, alcoholic product, drug, or other substance or
69	76		66other physical activity that endangers the mental or physical health and safety of a school
70	77		67employee or student; or
71	78		68 (D) involves any activity that would subject a school employee or student to extreme
72	79		69mental stress, such as sleep deprivation, extended isolation from social contact, or conduct that
73	80		70subjects a school employee or student to extreme embarrassment, shame, or humiliation; and
74	81		71 (ii) (A) is committed for the purpose of initiation into, admission into, affiliation with,
75	82		72holding office in, or as a condition for membership in a school or school sponsored team,
76	83		73organization, program, club, or event; or
77	84		74 (B) is directed toward a school employee or student whom the individual who commits
78	85		75the act knows, at the time the act is committed, is a member of, or candidate for membership
79	86		76in, a school or school sponsored team, organization, program, club, or event in which the
80	87		77individual who commits the act also participates.
81	88		78 (b) The conduct described in Subsection (5)(a) constitutes hazing, regardless of
82	89		79whether the school employee or student against whom the conduct is committed directed,
83	90		80consented to, or acquiesced in, the conduct.
84	91		81 (6) "LEA governing board" means a local school board or charter school governing
85	92		82board.
86	93		83 (7) "Policy" means an LEA governing board policy described in Section 53G-9-605.
87	94		84 (8) "Public education suicide prevention coordinator" means the public education
88		-	85suicide prevention coordinator described in Section 53G-9-702. H.B. 481 Enrolled Copy
	95	+	85suicide prevention coordinator described in Section 53G-9-702.
	96	+	86 [(8)] (9) "Retaliate" means an act or communication intended:
	97	+	87 (a) as retribution against a person for reporting bullying or hazing; or 3rd Sub. (Cherry) H.B. 481 02-28-23 8:33 AM
89	98		- 4 -
90		-	86 [(8)] (9) "Retaliate" means an act or communication intended:
91		-	87 (a) as retribution against a person for reporting bullying or hazing; or
92	99		88 (b) to improperly influence the investigation of, or the response to, a report of bullying
93	100		89or hazing.
94	101		90 [(9)] (10) "School" means a public elementary or secondary school, including a charter
95	102		91school.
96	103		92 [(10)] (11) "School employee" means an individual working in the individual's official
97	104		93capacity as:
98	105		94 (a) a school teacher;
99	106		95 (b) a school staff member;
100	107		96 (c) a school administrator; or
101	108		97 (d) an individual:
102	109		98 (i) who is employed, directly or indirectly, by a school, an LEA governing board, or a
103	110		99school district; and
104	111		100 (ii) who works on a school campus.
105	112		101 (12) "State suicide prevention coordinator" means the state suicide prevention
106	113		102coordinator described in Section 62A-15-1101.
107	114		103 (13) "State superintendent" means the state superintendent of public instruction
108	115		104appointed under Section 53E-3-301.
109	116		105 Section 2. Section 53G-9-604 is amended to read:
110	117		106 53G-9-604. Parental notification of certain incidents and threats required.
111	118		107 (1) A school shall:
112	119		108 (a) notify a parent if the parent's student threatens [to commit] suicide; or
113	120		109 (b) notify the parents of each student involved in an incident of bullying,
114	121		110cyber-bullying, hazing, abusive conduct, or retaliation of the incident involving each parent's
115	122		111student.
116	123		112 (2) (a) If a school notifies a parent of an incident or threat required to be reported under
117		-	113Subsection (1), the school shall: Enrolled Copy H.B. 481
118		-	- 5 -
	124	+	113Subsection (1), the school shall:
119	125		114 (i) produce and maintain a record that verifies that the parent was notified of the
120	126		115incident or threat[.];
121	127		116 [(b)] (ii) [A school shall ]maintain a record described in Subsection [(2)(a) ] (2)(a)(i) in
122	128		117accordance with the requirements of:
123		-	118 [(i)] (A) Title 53E, Chapter 9, Part 2, Student Privacy;
	129	+	118 [(i)] (A) Title 53E, Chapter 9, Part 2, Student Privacy; 02-28-23 8:33 AM 3rd Sub. (Cherry) H.B. 481
	130	+	- 5 -
124	131		119 [(ii)] (B) Title 53E, Chapter 9, Part 3, Student Data Protection;
125	132		120 [(iii)] (C) the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g; and
126	133		121 [(iv)] (D) 34 C.F.R. Part 99; and
127	134		122 (iii) provide the parent with:
128	135		123 (A) suicide prevention materials and information; and
129	136		124 (B) information on ways to limit the student's access to fatal means, including a firearm
130	137		125or medication.
131	138		126 (b) The state superintendent shall select the materials and information described in
132	139		127Subsection (2)(a)(iii) in collaboration with the state suicide prevention coordinator and public
133	140		128education suicide prevention coordinator.
134	141		129 (3) A local school board or charter school governing board shall adopt a policy
135	142		130regarding the process for:
136	143		131 (a) notifying a parent as required in Subsection (1); and
137	144		132 (b) producing and retaining a record that verifies that a parent was notified of an
138	145		133incident or threat as required in Subsection (2).
139	146		134 (4) At the request of a parent, a school may provide information and make
140	147		135recommendations related to an incident or threat described in Subsection (1).
141	148		136 (5) A school shall:
142	149		137 (a) provide a student a copy of a record maintained in accordance with this section that
143	150		138relates to the student if the student requests a copy of the record; and
144	151		139 (b) expunge a record maintained in accordance with this section that relates to a
145	152		140student if the student:
146		-	141 (i) has graduated from high school; and H.B. 481 Enrolled Copy
147		-	- 6 -
	153	+	141 (i) has graduated from high school; and
148	154		142 (ii) requests the record be expunged.
149	155		143 Section 3. Effective date.
150	156		144 This bill takes effect on August 1, 2023.