Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 147 First Substitute (2020GS)

Sponsor

Sen. Henderson, D.

Final action

Governor Signed 3/30/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• provides for public or private schools to enter into internship safety agreements with cooperating employers;
• specifies employers that are subject to and exempt from a background check requirement; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

SCHOOL INTERNSHIP SAFETY AGREEMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Deidre M. Henderson
House Sponsor: 
Susan Pulsipher
LONG TITLE
General Description:
This bill provides for public or private schools to enter into internship safety
agreements with cooperating employers.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ provides for public or private schools to enter into internship safety agreements with
cooperating employers;
▸ specifies employers that are subject to and exempt from a background check
requirement; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53G-7-901
, as last amended by Laws of Utah 2019, Chapter 293
53G-7-904
, as renumbered and amended by Laws of Utah 2018, Chapter 3
53G-11-402
, as renumbered and amended by Laws of Utah 2018, Chapter 3
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53G-7-901
 is amended to read:
53G-7-901.
Definitions.
As used in this part:
(1) "Cooperating employer" means a public or private entity which, as part of a work
experience and career exploration program offered through a school, provides interns with
training and work experience in activities related to the entity's ongoing business activities.
(2) "Intern" means a student enrolled in a school-sponsored work experience and career
exploration program under Section 
53G-7-902
 involving both classroom instruction and work
experience with a cooperating employer, for which the student receives no compensation.
(3) "Internship" means the work experience segment of an intern's school-sponsored
work experience and career exploration program, performed under the direct supervision of a
cooperating employer.
(4) "Internship safety agreement" means the agreement between a public or private
school and a cooperating employer in accordance with Section 
53G-7-904.1
.
[
(4)
] 
(5)
 "Private school" means a school serving any of grades 7 through 12 which is
not part of the public education system.
[
(5)
] 
(6)
 "Public school" means:
(a) a public school district;
(b) an applied technology center or applied technology service region;
(c) the Schools for the Deaf and the Blind; or
(d) other components of the public education system authorized by the state board to
offer internships.
Section 2. Section 
53G-7-904
 is amended to read:
53G-7-904.
Internship programs -- Criminal background checks.
(1) (a) A public or private school may enter into an internship safety agreement with a
cooperating employer.
(b) The public or private school described in Subsection (1)(a) shall ensure that the
internship safety agreement requires a cooperating employer to:
(i) ensure that an adult officer or employee of the cooperating employer is not
intentionally alone with an intern for any significant amount of time during the intern's
activities;
(ii) maintain compliance with all applicable state and federal laws relating to
workplace and student safety, privacy, and welfare; and
(iii) provide a safe, educational, courteous, and welcoming professional environment
that is free of harassment or discriminatory conduct that may result in a hostile, intimidating,
abusive, offensive, or oppressive learning environment.
[
Officers
] 
(2) (a) If a public or private school has not entered into an internship safety
agreement with a cooperating employer, officers
 and employees of [
a
] 
the
 cooperating
employer who will be given significant unsupervised access to a student in connection with the
student's activities as an intern shall [
be considered to be a volunteer for purposes of
] 
submit to
criminal background checks under Section 
53G-11-402
.
(b) If a public or private school has entered into an internship safety agreement with a
cooperating employer, officers and employees of the cooperating employer are exempt from the
criminal background check requirement described in Section 
53G-11-402
.
Section 3. Section 
53G-11-402
 is amended to read:
53G-11-402.
Background checks for non-licensed employees, contract employees,
volunteers, and charter school governing board members.
(1) An LEA or qualifying private school shall:
(a) require the following individuals to submit to a nationwide criminal background
check and ongoing monitoring as a condition for employment or appointment:
(i) a non-licensed employee;
(ii) a contract employee;
(iii) 
except for an officer or employee of a cooperating employer under an internship
safety agreement under Section 
53G-7-904
,
 a volunteer who will be given significant
unsupervised access to a student in connection with the volunteer's assignment; and
(iv) a charter school governing board member;
(b) collect the following from an individual required to submit to a background check
under Subsection (1)(a):
(i) personal identifying information;
(ii) subject to Subsection (2), a fee described in Subsection 
53-10-108
(15); and
(iii) consent, on a form specified by the LEA or qualifying private school, for:
(A) an initial fingerprint-based background check by the FBI and the bureau upon
submission of the application; and
(B) retention of personal identifying information for ongoing monitoring through
registration with the systems described in Section 
53G-11-404
;
(c) submit the individual's personal identifying information to the bureau for:
(i) an initial fingerprint-based background check by the FBI and the bureau; and
(ii) ongoing monitoring through registration with the systems described in Section
53G-11-404
 if the results of the initial background check do not contain disqualifying criminal
history information as determined by the LEA or qualifying private school in accordance with
Section 
53G-11-405
; and
(d) identify the appropriate privacy risk mitigation strategy that will be used to ensure
that the LEA or qualifying private school only receives notifications for individuals with whom
the LEA or qualifying private school maintains an authorizing relationship.
(2) An LEA or qualifying private school may not require an individual to pay the fee
described in Subsection (1)(b)(ii) unless the individual:
(a) has passed an initial review; and
(b) is one of a pool of no more than five candidates for the position.
(3) By September 1, 2018, an LEA or qualifying private school shall:
(a) collect the information described in Subsection (1)(b) from individuals:
(i) who were employed or appointed prior to July 1, 2015; and
(ii) with whom the LEA or qualifying private school currently maintains an authorizing
relationship; and
(b) submit the information to the bureau for ongoing monitoring through registration
with the systems described in Section 
53G-11-404
.
(4) An LEA or qualifying private school that receives criminal history information
about a licensed educator under Subsection 
53G-11-403
(5) shall assess the employment status
of the licensed educator as provided in Section 
53G-11-405
.
(5) An LEA or qualifying private school may establish a policy to exempt an individual
described in Subsections (1)(a)(i) through (iv) from ongoing monitoring under Subsection (1) if
the individual is being temporarily employed or appointed.