Education-school safety and security.

2016
State of Wyoming
16LSO-0048
Introduced
1.3

HOUSE BILL

NO.

HB0015

Education-school safety and security.

Sponsored by:
Joint Education Interim Committee

A BILL

for

AN ACT relating to education; creating a comprehensive statewide school safety program; establishing a statewide tip line for school safety and security; granting rulemaking authority; establishing a process for the release of confidential information; transferring funds; transferring and authorizing personnel; requiring reporting; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section
1
.

W.S 9
‑
1
‑
641 through 9
‑
1
‑
644
are
created to read:

9
‑
1
‑
641
.

Unit of school safety and security; created; appointment of deputy.

(a)

The unit of school safety and security is created within the division of criminal investigation of the office of the attorney general.

(b)

With the approval of the attorney general, the director
of the division of criminal investigation
shall designate a deputy to supervise and direct all activities of the unit of school safety and security. The deputy shall be responsible to the director for the operation of the unit.

9
‑
1
‑
642
.

Unit of school safety and security; duties of deputy.

(a)

The deputy of the unit of school safety and security shall:

(
i
)

Supervise and direct all activities of the unit of school safety and security;

(ii)

Serve as the state's representative on local, state and national organizations involved in school safety and security and related functions;

(iii)

Act as the state's authority on necessary components of school safety and security plans and serve as the state's liaison with local governmental entities, appropriate law enforcement agencies, public safety agencies and school district officials to facilitate a cooperative and coordinated school safety and security effort. The deputy shall also assist these agencies and officials in formulating local crisis management plans and other coordinated safety and security efforts relating to school safety and security;

(iv)

Administer
the school safety and security program required under W.S. 9
‑
1
‑
643;

(v)

Provide public information and education concerning issues related to school safety and security;

(vi)

Subject to
the approval of the director and the attorney general, promulgate rules and regulations necessary to implement the school safety and security program required under W.S. 9
‑
1
‑
643.

9
‑
1
‑
643
.

Unit of school safety and security; program created; duties and responsibilities.

(a)

The
deputy of the
unit of school safety and security shall establish and administer a comprehensive statewide school safety and security program
within the unit
which
program
shall:

(
i
)

Include methods of anonymous reporting concerning unsafe, potentially harmful, dangerous, violent or criminal activities in schools or the threat of those activities. At minimum, methods of reporting shall include telephone landline, website, mobile telephone application and cellular text messaging;

(ii)

Except as provided by paragraphs (iii) and (iv) of this subsection, ensure the identity of the reporting parties remains unknown to all persons and entities, including law enforcement officers and employees operating the program;

(iii)

Allow for disclosure of
a reporting party's identity
to law enforcement officers, employees
operating the program and school district officials obtained from a reporting party who voluntarily discloses his identity and verifies that he is willing to be identified;

(
iv
)

Ensure that a reporting party's identity which becomes known through any means other than voluntary disclosure is not further disclosed;

(v)

Promptly share necessary information received in operation of the program with the appropriate law enforcement and public safety agency or school district officials;

(vi)

As determined appropriate by the
deputy of the
unit of school safety and security, establish training protocols on school safety and security awareness and appropriate responses to information provided by the unit to law enforcement dispatch centers, school districts, schools and other necessary entities;

(vii)

Provide educational material to schools, school districts and other necessary entities regarding the program.

9
‑
1
‑
644
.

Unit of school safety and security; confidentiality of material; hearing required.

(a)

All records concerning reports or tips received in operation of the school safety and security program required under W.S. 9
‑
1
‑
643 are deemed not to be

a
public record and shall remain confidential information in the possession of the unit of school safety and security. The program and any person implementing or operating the program may be compelled to produce the material only before a court and only pursuant to court order as provided by subsection (b) of this section.

(b)

Persons implementing or operating the program shall not be compelled to produce any materials
obtained in
relation to the operation of the program, except on motion of a criminal defendant to the court in which the offense is being tried
. T
he following procedure shall apply:

(
i
)

A written motion shall be made by the defendant to the court at least ten (10) days prior to the trial
identifying the materials the defendant seeks to have produce
d
and
stating
that
the materials
sought
contain impeachment evidence or evidence that is exculpatory to the defendant in the trial of
an
offense;

(ii)

The written motion shall be accompanied by affidavits in which the offer of proof is stated;

(iii)

If the court finds the offer of proof sufficient, the court shall order a hearing in chambers, and at the hearing allow the questioning of the persons implementing or operating the program or review of material obtained in operation of the program regarding the offer of proof made by the defendant and other pertinent evidence;

(iv)

At
the conclusion of the hearing, if the court finds that the materials
sought by the defendant
contain impeachment evidence or evidence that is exculpatory to the defendant, the evidence
may
be admissible pursuant to this section
, subject to other
admissibility standards routinely applied by the court
.
If the materials are ruled admissible, t
he court shall make an order stating what evidence may be introduced by the defendant
and
which shall require redaction of the reporting party's identity
. The order
may include the nature of the questions to be permitted.

(c)

Any material provided pursuant to court order under subsection (b) of this section shall be sealed and preserved in the record of the court to be made available to the appellate court in the event of an appeal. After the time for appeal has expired, the court shall return the material to the unit of school safety and security.

Section 2.

(a)

For the period commencing on the effective date of this act and ending June 20, 2018, t
he office
of homeland security
shall
, as the funds become available,
transfer

six hundred eighty
‑
six
thousand
six hundred ten
dollars ($
686,610
.00)
from federal
homeland security funds
to the attorney general

for the operation of the unit of school safety and security required under W.S. 9
‑
1
‑
641
through 9
‑
1
‑
644 as created by section 1 of this act
.
These funds
shall not
be included in the
attorney general's
2019
‑
2020
standard budget request.

(b)

The office of homeland security shall immediately transfer the two (2) full
‑
time at
‑
will positions 0079 and 0080 as created by 2014 Wyoming Session Laws, Chapter 26,
Section 2,
Section 336(d) to the attorney general.
These positions shall be for school safety personnel necessary in the execution of this act and shall be funded solely from federal funds
transferred
by subsection (a) of this section
.

Notwithstanding 2014 Wyoming Session Laws, Chapter 26,
Section 2,
Section 336(d), the positions are authorized for the period commencing upon the effective date of this act and ending June 30, 2018.
The attorney general is authorized to reclassify the positions transferred by this subsection as necessary to meet the requirements of this act. To the extent practicable
the personnel occupying the positions shall be transferred with the positions to the attorney general.

The two (2) positions
transferred and
authorized
by this subsection shall not be included in the attorney general's 2019
‑
2020 standard budget request.
From the funds
transferred
by subsection (a)
of this section
, u
p
to
three hundred
fifty
‑
eight
thousand
six hundred ten
dollars ($
358,610
.00)

may be expended
for the salary and benefits of the
two (2)
positions

transferred and
authorized under this subsection.
These funds shall not be transferred or expended for any other purpose
and shall not be included in the attorney general's 2019
‑
2020 standard budget request
.

(
c
)

Of the funds
transferred
by subsection
(a) of this section,
up to
three hundred twenty
‑
eight
thousand dollars ($
328
,000.00)
may be expended
to obtain the necessary
support services,
software and equipment for the operation of the unit of school safety and security as created by this act.
These funds shall not be transferred or expended for any other purpose and shall not be included in the attorney general's 2019
‑
2020 standard budget request.

(
d
)

T
he funds
transferred
by subsection (a) of this section
from the
office of homeland security to the office of the attorney general
shall be reduced by any unexpended
, unobligated or unencumbered
school foundation program account funds
and up to fifty thousand dollars ($50,000
.00
)
in general funds
appropriated to the department of education
by
2014 Wyoming Session Laws, Chapter 26, Section 2, Section 206 to unit 1401
and any remaining funds as of the effective date of this act shall
immediately
be transferred by the department of education to the attorney general.

These funds
shall only be expended by the attorney general
for the operation of the unit of school safety and security required under W.S. 9
‑
1
‑
641 through 9
‑
1
‑
644 as created by section 1 of this act
.

(e)

All funds transferred or appropriated to the office of the attorney general pursuant to this section may be expended for purposes of this act commencing with the effective date of this act through June 30, 2018.

(
f
)

The attorney general shall report to the joint appropriations interim committee and the joint education interim committee not later than October 15, 2016
,
and
again by
October 15, 2017
,
on the expenditure of amounts
and
on
positions
transferred under this section. The report shall include data and information on the
operation
and effectiveness
of the unit of school safety and security
.

Section 3
.

This act is
effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
HB0015