Amendments for SB22-064
Senate Journal, February 11
SB22-064 by Senator(s) Zenzinger and Rankin; also Representative(s) McKean and Kipp--
Concerning requirements for neighborhood youth organizations that provide services
designed for the development of youth.
Amendment No. 1, Education Committee Amendment.
(Printed in Senate Journal, February 9, page(s) 139 and placed in members' bill files.)
Amendment No. 2(L.002), by Senator Zenzinger.
Amend the Education Committee report dated February 9, 2022, page 1, line 2,
after "KINDERGARTEN"" insert "OR WHO IS OLDER THAN FIVE YEARS OF AGE AND
UP TO".
Amend printed bill, page 3, line 13, strike "through" and substitute "through".
Amendment No. 3(L.003), by Senator Rankin.
Amend printed bill, page 3, line 18, strike "and (3)(i)" and substitute "(3)(i),
(3.5), and (9)(c)".
Page 5, after line 2 insert:
"(3.5) (a) TO PROTECT THE SAFETY OF YOUTH MEMBERS, EACH
NEIGHBORHOOD YOUTH ORGANIZATION SHALL CREATE A DATA SYSTEM TO
MANAGE INDIVIDUAL YOUTH MEMBER PERSONALLY IDENTIFIABLE INFORMATION
THAT THE NEIGHBORHOOD YOUTH ORGANIZATION COLLECTS. THE GOVERNING
BOARD OF EACH LICENSED NEIGHBORHOOD YOUTH ORGANIZATION SHALL
DEVELOP A DETAILED DATA SECURITY PLAN FOR YOUTH MEMBER PERSONALLY
IDENTIFIABLE INFORMATION THAT INCLUDES:
(I) GUIDANCE FOR AUTHORIZING ACCESS TO THE DATA SYSTEM;
(II) PRIVACY COMPLIANCE STANDARDS;
(III) PRIVACY AND SECURITY AUDITS;
(IV) SECURITY BREACH PLANNING, NOTICE, AND PROCEDURES;
(V) CONSEQUENCES FOR SECURITY BREACHES;
(VI) YOUTH MEMBER PERSONALLY IDENTIFIABLE INFORMATION
RETENTION AND DESTRUCTION POLICIES, WHICH MUST INCLUDE SPECIFIC
REQUIREMENTS FOR IDENTIFYING WHEN AND HOW THE YOUTH MEMBER
PERSONALLY IDENTIFIABLE INFORMATION WILL BE DESTROYED; AND
(VII) STAFF TRAINING REGARDING THE POLICIES.
(b) A NEIGHBORHOOD YOUTH ORGANIZATION SHALL NOT:
(I) SELL YOUTH MEMBER PERSONALLY IDENTIFIABLE INFORMATION;
(II) USE OR SHARE YOUTH MEMBER PERSONALLY IDENTIFIABLE
INFORMATION FOR PURPOSES OF TARGETED ADVERTISING TO YOUTH MEMBERS;
OR
(III) USE YOUTH MEMBER PERSONALLY IDENTIFIABLE INFORMATION TO
CREATE A PERSONAL PROFILE OF A YOUTH MEMBER OTHER THAN FOR
SUPPORTING THE PURPOSES AUTHORIZED BY THE NEIGHBORHOOD YOUTH
ORGANIZATION.
(c) A NEIGHBORHOOD YOUTH ORGANIZATION MAY USE OR DISCLOSE
THE YOUTH MEMBER PERSONALLY IDENTIFIABLE INFORMATION TO:
(I) ENSURE LEGAL OR REGULATORY COMPLIANCE OR TO TAKE
PRECAUTIONS AGAINST LIABILITY;
(II) RESPOND TO OR PARTICIPATE IN THE JUDICIAL PROCESS;
(III) PROTECT THE SAFETY OF OTHER YOUTH MEMBERS; OR
(IV) INVESTIGATE A MATTER RELATED TO PUBLIC SAFETY.
(d) THE PARENT OF A YOUTH MEMBER ENROLLED IN A NEIGHBORHOOD
YOUTH ORGANIZATION HAS THE RIGHT:
(I) TO INSPECT AND REVIEW THE YOUTH MEMBER PERSONALLY
IDENTIFIABLE INFORMATION OF THE PARENT'S CHILD;
(II) TO REQUEST FROM THE NEIGHBORHOOD YOUTH ORGANIZATIONS A
PAPER OR ELECTRONIC COPY OF THE YOUTH MEMBER PERSONALLY IDENTIFIABLE
INFORMATION OF THE PARENT'S CHILD; AND
(III) TO REQUEST CORRECTIONS TO FACTUALLY INACCURATE YOUTH
MEMBER PERSONALLY IDENTIFIABLE INFORMATION MAINTAINED BY THE
NEIGHBORHOOD YOUTH ORGANIZATION. AFTER RECEIVING A REQUEST FOR
CORRECTION THAT DOCUMENTS THE FACTUAL INACCURACY, THE
NEIGHBORHOOD YOUTH ORGANIZATION THAT MAINTAINS THE YOUTH MEMBER
PERSONALLY IDENTIFIABLE INFORMATION SHALL CORRECT THE FACTUAL
INACCURACY AND CONFIRM THE CORRECTION TO THE PARENT WITHIN A
REASONABLE AMOUNT OF TIME.".
Page 5, after line 14 insert:
"(9) As used in this section, unless the context otherwise requires:
(c) "YOUTH MEMBER PERSONALLY IDENTIFIABLE INFORMATION" MEANS
INFORMATION THAT, ALONE OR IN COMBINATION, PERSONALLY IDENTIFIES AN
INDIVIDUAL YOUTH MEMBER OR THE YOUTH MEMBER'S PARENT OR FAMILY, AND
THAT IS COLLECTED, MAINTAINED, GENERATED, OR INFERRED BY A
NEIGHBORHOOD YOUTH ORGANIZATION. AT A MINIMUM, "YOUTH MEMBER
PERSONALLY IDENTIFIABLE INFORMATION" INCLUDES THE INFORMATION
COLLECTED PURSUANT TO SUBSECTION (3)(e) OF THIS SECTION.".
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
House Journal, February 28
11 SB22-064 be amended as follows, and as so amended, be referred to
12 the Committee of the Whole with favorable
13 recommendation:
14
15 Amend reengrossed bill, page 3, lines 19 and 20, strike "(3)(e.5), (3)(h),
16 (3)(i), (3.5), and (9)(c)" and substitute "(3)(h), (3)(i), (3.4), and (3.5)".
17
18 Page 4, strike lines 9 through 17.
19
20 Page 5, after line 4 insert:
21
22 "(3.4) TO PROTECT THE SAFETY OF YOUTH MEMBERS, A
23 NEIGHBORHOOD YOUTH ORGANIZATION MAY CREATE AN ELECTRONIC OR
24 WRITTEN PROCESS TO RECORD THE DAILY ARRIVAL AND DEPARTURE TIMES
25 OF YOUTH MEMBERS IN ORDER TO:
26 (a) TRACK ATTENDANCE;
27 (b) ASSESS THE IMPACT OF PROGRAMS AND SERVICES ON YOUTH
28 MEMBERS; AND
29 (c) ENSURE THE NEIGHBORHOOD YOUTH ORGANIZATION OPERATES
30 IN THE BEST INTEREST AND SAFETY OF YOUTH MEMBERS.".
31
32 Page 5, strike lines 5 through 27 and substitute:
33
34 "(3.5) (a) TO PROTECT THE SAFETY OF YOUTH MEMBERS, EACH
35 NEIGHBORHOOD YOUTH ORGANIZATION SHALL MAINTAIN A COMPLETE SET
36 OF RECORDS FOR YOUTH MEMBERS AND PERSONNEL. EACH
37 NEIGHBORHOOD YOUTH ORGANIZATION SHALL MAINTAIN THE
38 CONFIDENTIALITY OF THE FOLLOWING RECORDS, AND SUCH RECORDS ARE
39 NOT SUBJECT TO REVIEW BY THE PUBLIC:
40 (I) INFORMATION IDENTIFYING A YOUTH MEMBER OR A YOUTH
41 MEMBER'S FAMILY;
42 (II) SCHOLASTIC, HEALTH, AND SOCIAL OR PSYCHOLOGICAL
43 RECORDS, WHICH ARE AVAILABLE ONLY TO THE YOUTH MEMBER TO WHOM
44 THE RECORDS PERTAIN OR THE YOUTH MEMBER'S PARENT OR LEGAL
45 GUARDIAN;
46 (III) PERSONAL REFERENCES FOR PERSONNEL AS REQUESTED BY
47 THE STATE DEPARTMENT; AND
48 (IV) REPORTS AND RECORDS RECEIVED FROM OTHER AGENCIES,
49 INCLUDING POLICE AND CHILD PROTECTION INVESTIGATION REPORTS.
50 (b) IF A CENTRAL ADMINISTRATIVE FACILITY RETAINS RECORDS IN
51 A CENTRAL FILE FOR MORE THAN ONE NEIGHBORHOOD YOUTH
52 ORGANIZATION, DUPLICATE COPIES OF THE INFORMATION DESCRIBED IN
53 SUBSECTIONS (3)(e) AND (3.5)(a) OF THIS SECTION FOR YOUTH MEMBERS
54 AND PERSONNEL MUST ALSO BE MAINTAINED AT THE NEIGHBORHOOD
55 YOUTH ORGANIZATION LOCATION THAT THE YOUTH MEMBER ATTENDS
1 AND TO WHICH THE STAFF MEMBER IS ASSIGNED.
2 (c) EACH NEIGHBORHOOD YOUTH ORGANIZATION OR CENTRAL
3 ADMINISTRATIVE FACILITY SHALL MAINTAIN ALL REQUIRED RECORDS FOR
4 AT LEAST THREE YEARS, INCLUDING CONFIDENTIAL RECORDS.
5 (d) NOTWITHSTANDING SUBSECTION (3.5)(a) OF THIS SECTION TO
6 THE CONTRARY, EACH NEIGHBORHOOD YOUTH ORGANIZATION OR
7 CENTRAL ADMINISTRATIVE FACILITY SHALL MAKE THE RECORDS OF
8 PERSONNEL OR YOUTH MEMBERS AVAILABLE UPON REQUEST TO
9 AUTHORIZED PERSONNEL OF THE STATE DEPARTMENT PURSUANT TO
10 SECTION 19-1-307 (2)(j.7).
11 (e) NEIGHBORHOOD YOUTH ORGANIZATIONS SHALL COOPERATE
12 WITH ALL STATE AND LOCAL INVESTIGATIONS REGARDING INCIDENTS,
13 INCLUDING BUT NOT LIMITED TO LICENSING VIOLATIONS, CHILD ABUSE,
14 AND INCIDENTS AFFECTING THE HEALTH, SAFETY, AND WELFARE OF YOUTH
15 MEMBERS.
16 (f) RECORDS CONCERNING THE LICENSING OF NEIGHBORHOOD
17 YOUTH ORGANIZATION FACILITIES AND AGENCIES ARE OPEN TO THE
18 PUBLIC. A PERSON WHO WISHES TO REVIEW A RECORD MUST SUBMIT A
19 WRITTEN REQUEST TO THE STATE DEPARTMENT.".
20
21 Strike page 6.
22
23 Page 7, strike line 1.
24
25 Page 7, strike lines 14 through 22.
26
House Journal, March 2
39 Amendment No. 1, Public & Behavioral Health & Human Services
40 Report, dated February 25, 2022, and placed in member’s bill file; Report
41 also printed in House Journal, February 28, 2022.
42
43 As amended, ordered revised and placed on the Calendar for Third
44 Reading and Final Passage.