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H.B. 183
This document includes House Committee Amendments incorporated into the bill on Wed, Feb 16, 2011 at 11:13 AM by jeyring. --> This document includes House Floor Amendments incorporated into the bill on Thu, Feb 24, 2011 at 11:48 AM by jeyring. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Fri, Mar 4, 2011 at 12:46 PM by kcallred. --> 1
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7 LONG TITLE
8 General Description:
9 This bill amends provisions in the State System of Public Education code related to
10 association leave.
11 Highlighted Provisions:
12 This bill:
13 . prohibits a local school board from granting paid association leave for certain
14 employee association or union duties;
15 . requires reimbursement to a school district of the costs for certain employees,
16 including benefits, for the time S. [
17 on:
18 . unpaid association leave; or
19 . participating in certain paid association leave activities;
20 . defines terms; and
21 . makes technical changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:
28 53A-3-425, as enacted by Laws of Utah 2002, Chapter 312
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30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 53A-3-425 is amended to read:
32 53A-3-425. Association leave -- District policy.
33 (1) As used in this section[
34 (a) "Association leave" means leave from a school district employee's regular school
35 responsibilities granted for that employee to spend time for association, employee association,
36 or union duties.
37 (b) "Employee association" means an association that:
38 (i) negotiates employee salaries, benefits, contracts, or other conditions of employment;
39 or
40 (ii) performs union duties.
41 (2) S. [
41a [
42 paid association leave for a school district employee to perform an employee association or
43 union duty.
44 S. [
45 employee to perform an employee association duty if:
46 (i) the duty performed by the employee on paid association leave will directly benefit
47 the school district, including representing the school district's licensed educators:
48 (A) on a board or committee, such as the school district's foundation, a curriculum
49 development board, insurance committee, or catastrophic leave committee;
50 (B) at a school district leadership meeting; or
51 (C) at a workshop or meeting conducted by the school district's local school board;
52 (ii) the duty performed by the employee on paid association leave does not include
53 political activity, including:
54 (A) advocating for or against a candidate for public office in a partisan or nonpartisan
55 election;
56 (B) soliciting a contribution for a political action committee, a political issues
57 committee, a political party, or a candidate, as defined in Section 20A-11-101 ; or
58 (C) initiating, drafting, soliciting signatures for, or advocating for or against a ballot
59 proposition, as defined in Section 20A-1-102 ; and
60 (iii) the local school board ensures compliance with the requirements of Subsections
61 S. [
62 S. [
63 association leave, a local school board shall adopt a written policy that governs association
64 leave.
65 S. [
66 reimbursement to the school district of the costs for an employee, including benefits, for the
67 time S. [
68 (i) on unpaid association leave; or
69 (ii) participating in a paid association leave activity described in Subsection S. [
70 does not provide a direct benefit to the school district.
71 S. [
71a [
72 an employee, association, or union.
73 S. [
73a policy
74 shall include procedures and controls to:
75 (a) ensure that the duties performed by employees on paid association leave directly
76 benefit [
77 (b) require the school district to document the use and approval of paid association
78 leave;
79 (c) require school district supervision of employees on paid association leave;
80 (d) require the school district to account for the costs and expenses of paid association
81 leave;
82 (e) ensure that during the hours of paid association leave a school district employee
83 may not engage in political activity, including:
84 (i) [
85 public office in a partisan [
86 [
87 (ii) soliciting a contribution for a political action committee, a political issues
88 committee, a political party, or a candidate, as defined in Section 20A-11-101 ; and
89 (iii) initiating, drafting, soliciting signatures for, or advocating for or against a ballot
90 proposition, as defined in Section 20A-1-102 ;
91 (f) ensure that association leave is only paid out of school district funds when the paid
92 association leave directly benefits [
93 (g) require the reimbursement to the school district of the cost of paid association leave
94 activities that do not provide a direct benefit to H. [
95 S. [
95a policy
96 shall indicate that a willful violation of this section or of a policy adopted in accordance with
97 Subsection S. [
97a 53A-8-104 .
Legislative Review Note
as of 1-7-11 6:58 PM