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Senate adopts substitute of HB 175 to standardize disclosures for school staff with child access

Utah State Senate ยท March 10, 2016
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Summary

The Utah Senate approved a substitute to HB 175 that standardizes background disclosure procedures for school employees and volunteers who have unsupervised access to children; it also provides immunity for those who share information in good faith and incorporates State Board of Education and DHRM input.

The Utah Senate on the floor adopted a substitute to House Bill 175 to create a standard disclosure and limited-immunity process for school employees and volunteers who have significant unsupervised access to children. The sponsor introduced the substitute as a compromise developed with school districts, human-resources directors and child-protection advocates and said it "requires school employees as applicants as well as volunteers who will have sufficient significant unsupervised access to children to sign a waiver" and allows HR directors to request prior information involving access to children.

Senators debated whether the substitute represented a substantial late-session change and whether it had received committee vetting. One questioner asked whether the language differed substantially from the second substitute and whether there had been a public hearing; proponents said the State Board of Education and the Department of Human Resources contributed language now included in the fourth substitute. Several senators asked for clarification about protections for employees with career-service status and about whether the substitute could be circled to allow more time for review.

Floor procedure moved quickly: the body voted to substitute the new text, debated a line-deletion motion for a narrow subsection, and later adopted a motion to substitute the fourth substitute for the bill. After suspending the three-reading requirement, the Senate passed the substitute under suspension of the rules; the clerk recorded the final passage of the fourth substitute of HB 175 on the floor.

Supporters said the measure strikes a balance between protecting children and allowing school employers to obtain relevant information: the sponsor noted the bill "has been worked on" and "the school board has been in favor of it." Critics raised process concerns about late changes on the last day of session and asked for additional time to read the substituted language before voting.

With final passage on the floor, the bill will be enrolled and transmitted for the signature process as required by legislative rules. The Senate record shows the body adopted the substitute and passed the bill under suspension of the rules; procedural motions and roll-call tallies were recorded on the floor.