First Substitute H.B. 490

Senator Howard A. Stephenson proposes the following substitute bill:

1 LEGISLATIVE TASK FORCES AND STUDY
2 PRIORITIES
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: David Clark
6 Senate Sponsor: Curtis S. Bramble
7
8 LONG TITLE
9 General Description:
10 This bill creates legislative task forces and authorizes certain additional interim
11 committee meetings.
12 Highlighted Provisions:
13 This bill:
14 . establishes statutory provisions for legislative task forces, including membership,
15 chairs, compensation of members, and staffing;
16 . establishes the Public Education Task Force, the Education Systems for the 21st
17 Century Task Force, and the Immigration Task Force;
18 . requires the task forces to review, make recommendations, and present a final report
19 on specified issues; and
20 . authorizes up to five additional meetings during the 2008 interim for the Revenue
21 and Taxation Interim Committee.
22 Monies Appropriated in this Bill:
23 This bill appropriates:
24 . $185,000 from the General Fund for fiscal year 2007-08 only.
25 Other Special Clauses:

26 The uncodified sections in this bill are repealed on November 30, 2008.
27 Utah Code Sections Affected:
28 ENACTS:
29 36-12-20, Utah Code Annotated 1953
30 Uncodified Material Affected:
31 ENACTS UNCODIFIED MATERIAL
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 36-12-20 is enacted to read:
35 36-12-20. Legislative task forces -- Membership -- Interim rules followed --
36 Compensation -- Staff.
37 (1) A legislative task force shall consist of the following 11 members:
38 (a) four members of the Senate appointed by the president of the Senate, no more than
39 three of whom may be from the same political party; and
40 (b) seven members of the House of Representatives appointed by the speaker of the
41 House of Representatives, no more than five of whom may be from the same political party.
42 (2) (a) The president of the Senate shall designate a member of the Senate appointed
43 under Subsection (1)(a) as a cochair of the task force.
44 (b) The speaker of the House of Representatives shall designate a member of the House
45 of Representatives appointed under Subsection (1)(b) as a cochair of the task force.
46 (3) In conducting its business, the task force shall comply with the rules of legislative
47 interim committees.
48 (4) Salaries and expenses of the members of the task force shall be paid in accordance
49 with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Expense and Mileage
50 Reimbursement for Authorized Legislative Meetings, Special Sessions, and Veto Override
51 Sessions.
52 (5) The Office of Legislative Research and General Counsel shall provide staff support
53 to the task force.
54 (6) Except as provided in its enabling legislation, a task force may hold up to eight
55 meetings from April through November.
56 (7) A task force shall study issues, make recommendations, and report to an interim

57 committee as provided in its enabling legislation.
58 Section 2. 2008 Interim -- Legislative task forces -- Additional interim committee
59 meetings.
60 (1) The following legislative task forces are created during the 2008 interim:
61 (a) the Public Education Task Force;
62 (b) the Education Systems for the 21st Century Task Force; and
63 (c) the Immigration Task Force.
64 (2) Except as provided in Subsection (3), the task forces described under Subsection
65 (1) shall comply with the provisions under Section 36-12-20 .
66 (3) (a) (i) In addition to the 11 legislators described under Subsection 36-12-20 , the
67 Public Education Task Force shall consist of the following seven members, for a total of 18
68 members:
69 (A) the governor or the governor's designee;
70 (B) two members from the State Board of Education, appointed by the president of the
71 Senate and speaker of the House of Representatives, in consultation with the State Board of
72 Education;
73 (C) two local board of education members, one from an urban school district and one
74 from a rural school district, appointed by the president of the Senate and speaker of the House
75 of Representatives, in consultation with the Utah School Boards Association; and
76 (D) one classroom teacher who is designated NCLB highly qualified under rules of the
77 State Board of Education, appointed by the president of the Senate and speaker of the House of
78 Representatives; and
79 (E) one employer who relies on employees with math or science competency,
80 appointed by the president of the Senate and speaker of the House of Representatives.
81 (ii) (A) The president of the Senate shall designate a member of the Senate appointed
82 under Subsection (3)(a)(i)(A) as cochair of the task forces.
83 (B) The speaker of the House of Representatives shall designate a member of the
84 House of Representatives appointed under Subsection (3)(a)(i)(B) as a cochair of the task
85 forces.
86 (iii) The Office of Legislative Research and General Counsel shall provide staff
87 support to the task forces.

88 (b) (i) A majority of the members of the task force constitute a quorum.
89 (ii) The action of a majority of a quorum constitutes the action of the task force.
90 (iii) (A) Salaries and expenses of the members of the task force who are legislators
91 shall be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3,
92 Expenses and Mileage Reimbursement for Authorized Legislative Meetings, Special Sessions,
93 and Veto Override Sessions.
94 (B) A member of the task force who is not a legislator may not receive compensation
95 for the member's work associated with the task force, but may receive per diem and
96 reimbursement for travel expenses incurred as a member of the task force at the rates
97 established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
98 (c) The Public Education Task Force shall study and make recommendations on:
99 (i) the implementation of a goal-driven compensation system, including how
100 performance incentives may be implemented to motivate teachers in improving performance
101 and student achievement; and
102 (ii) mathematics, science, and technology education.
103 (d) In conducting the study described under Subsection (3)(c)(i), the task force shall:
104 (i) identify assessments of teacher performance that are valid, reliable, and objective;
105 (ii) (A) evaluate to what extent existing data and data systems may be used to measure
106 learning gains of a teacher's students; and
107 (B) determine what modifications of data or data systems are needed to effectively
108 measure learning gains of a teacher's students;
109 (iii) identify assessments of teacher performance for teachers that teach subjects not
110 tested by U-PASS (Utah Performance Assessment System for Students);
111 (iv) consider the appropriateness of compensation based on individual, team, or
112 school-based performance, or a combination of those, and to what extent school districts or
113 schools should have flexibility in determining whether awards are based on individual, team, or
114 school-based performance, or a combination of those;
115 (v) consider how to transition from existing teacher compensation systems to systems
116 in which a portion of compensation is based on performance; and
117 (vi) consider what should be an appropriate range for the amount of a
118 performance-based award or what portion of total compensation should be based on

119 performance.
120 (e) (i) In conducting the study described under Subsection (3)(c)(ii), the task force shall
121 first review and make recommendations on the following issues:
122 (A) mathematics education in the state, including building upon best current practices
123 and recently revised items;
124 (B) world-class mathematics standards for the state, including a comparison with
125 standards established in other states and nations;
126 (C) the state's mathematics core curriculum;
127 (D) mathematics testing;
128 (E) professional development of mathematics educators;
129 (F) the recruitment of quality mathematics educators;
130 (G) methods to improve students' mathematics performance, including reducing the
131 need for remedial courses in both public education and higher education; and
132 (H) the articulation of mathematics education and courses between public education
133 and higher education.
134 (ii) As time permits, the task force shall review and make recommendations on issues
135 relating to science and technology education.
136 (iii) The task force shall seek input from the State Board of Education, the State Board
137 of Regents, the Utah School Boards Association, the Utah School Superintendents Association,
138 parents and teachers associations, mathematics educators, science and technology educators,
139 the state's colleges of education, departments of mathematics, and science and technology
140 departments, mathematicians, businesses and industries whose employees require
141 mathematical, science, and technology knowledge, and parents when it performs the duties
142 described under Subsections (3)(e)(i) and (3)(e)(ii).
143 (f) The task force shall regularly report to the Education Interim Committee during the
144 2008 interim, including the task force's specific proposed items to be reviewed.
145 (g) The task force shall issue a final report, including any proposed legislation, to the
146 Education Interim Committee before November 30, 2008.
147 (4) (a) The Education Systems for the 21st Century Task Force shall review and make
148 recommendations on how the state's public and higher education systems meet the education
149 and workforce needs of the state and its people in the 21st Century global economy, including:

150 (i) governance of the State System of Public Education;
151 (ii) governance of the State System of Higher Education;
152 (iii) the State Board of Education;
153 (iv) the State Board of Regents;
154 (v) the Utah College of Applied Technology;
155 (vi) the superintendent of public instruction;
156 (vii) the commissioner of higher education; and
157 (viii) the roles, missions, and governance of institutions of higher education.
158 (b) The task force may study any other issue relating to the State System of Public
159 Education and the State System of Higher Education as determined by the task force.
160 (c) A final report, including any proposed legislation shall be presented to the
161 Education Interim Committee and the Business and Labor Interim Committee before
162 November 30, 2008.
163 (5) (a) The Immigration Task Force shall review and make recommendations on the
164 following issues:
165 (i) current and proposed federal and state laws, programs, and policies that relate to
166 unauthorized or illegal immigrants residing within the state, including:
167 (A) employer verification of an employee's immigration status;
168 (B) postsecondary education benefits;
169 (C) access to federal, state, and local public benefits, including health care, food
170 stamps, and cash assistance; and
171 (D) obtaining a valid driver license or identification card;
172 (ii) the state's role in enforcing federal immigration law, both criminal and civil;
173 (iii) federal preemption of current or proposed state immigration laws; and
174 (iv) the budgetary costs and economic benefits of illegal immigrants to the state.
175 (b) The task force may study any other issue relating to illegal or unauthorized
176 immigration as determined by the task force.
177 (c) A final report, including any proposed legislation shall be presented to the
178 Workforce Services and Community and Economic Development Interim Committee, the
179 Business and Labor Interim Committee, and the Law Enforcement and Criminal Justice Interim
180 Committee before November 30, 2008.

181 (6) (a) The Revenue and Taxation Interim Committee is authorized to hold up to five
182 additional meetings during the 2008 interim to review and make recommendations related to
183 the state's property tax system.
184 (b) In conducting the study described under Subsection (6)(a), the committee may seek
185 the assistance of:
186 (i) the Utah State Tax Commission, Utah Tax Review Commission, and local
187 government officials responsible for property tax administration; and
188 (ii) others with expertise relating to the state's property tax system.
189 Section 3. Appropriation.
190 There is appropriated $185,000 from the General Fund for fiscal year 2007-08 only, as
191 follows:
192 (1) $44,000 to the Senate to pay for compensation and expenses of senators on
193 legislative task forces and for additional interim committee meetings;
194 (2) $81,000 to the House of Representatives to pay for the compensation and expenses
195 of representatives on legislative task forces and for additional interim committee meetings; and
196 (3) $60,000 to the Office of Legislative Research and General Counsel to pay for:
197 (a) staffing and other costs relating to the Revenue and Taxation Interim Committee's
198 study of the state's property tax system; and
199 (b) per diem and reimbursement for travel expenses for task force members who are
200 not legislators.
201 Section 4. Repeal date.
202 Uncodified Sections 2 and 3 of this bill are repealed on November 30, 2008.