MINUTES OF THE
SENATE EDUCATION STANDING COMMITTEE
Tuesday, February 5, 2008
Room W130, West Office Building, State Capitol Complex
Members Present: Sen. Margaret Dayton, Committee Chair
Sen. Greg Bell
Sen. Pat Jones
Sen. Darin Peterson
Sen. Ross Romero
Sen. Howard A. Stephenson
Members Absent: Sen. Curtis Bramble
Sen. Lyle Hillyard
Staff Present: Phillip V. Dean, Policy Analyst
Joan Tiffany, Secretary
Public Speakers Present: Senator Carlene Walker
Brian Allen, Cottonwood Heights City
Barry Newbold, Superintendent of Schools, Jordan School District
Rick Horst, South Jordan City Manager, West Side Transition
Team Member
Steven Peterson, Executive Director, Utah School Boards
Association & Utah School Superintendents Association
Susan Kuziak, Executive Director, Utah Education Association
Pat Casaday, Sandy City
David Newton, Mayor, West Jordan City
Senator Mark Madsen
David Saba, President, American Board for Certification of
Teachers
A list of visitors and a copy of handouts are filed with the committee minutes.
Committee Chair Dayton called the meeting to order at 8:08 am.
1. MOTION: Sen. Romero moved to approve the minutes of January 24, January 28 and
February 1. The motion passed unanimously with Sens. Jones, Bramble and Hillyard
absent for the vote
.
2. S.B.0071 School District Amendments
Sen. Carlene Walker introduced S.B.0071 and presented an amendment.
Sen. Romero moved to adopt the following Amendment 4:
1. Page
1, Lines 23 through 24
:
23
allocation of school district property;
. modifies the required content of an inventory that an existing district is
required to provide;
. requires transition teams to consider the value of school buildings and
associated property in making the allocation of other existing district property;
24
. requires an existing school district to make money available to
{
a
}
the
remaining district and the
new district,
2. Page
2, Lines 35 through 36
:
35
Other Special Clauses:
36
{
None
}
This bill provides an immediate effective date.
3. Page
12, Line 339
:
339
a new school district, to elect] date
, to elect
:
4. Page
14, Line 406
:
406
(i) prepare an inventory of the existing district's
{
assets
}
:
(A) property, both tangible and intangible, real and personal;
and
(B)
liabilities; and
5. Page
14, Lines 412 through 414
:
412
district and the new district in accordance with Subsection (4)(c)(ii)[.];
413
(II) prepare a written report detailing how the existing district's property
{
is
}
, assets, and liabilities are
to be
414
allocated, including:
6. Page
15, Lines 438 through 440
:
438
(Bb) the school district board of the new district.
439
(ii) Subject to Subsection (4)(c)(iii), all property [of]
, assets, and liabilities
that
the existing district owns on
440
the allocation date, both tangible and intangible, real and personal, shall be allocated
between
7. Page
15, Lines 449 through 450
:
449
(D) any money made available for the use of the new district under Subsection
(5);
(E) the appraised or agreed value of school buildings and associated property
allocated to the remaining district and the new district under Subsection
(4)(c)(iii)(A);
and
450
[(D)]
{
(E)
}
(F)
any other factors that the transition teams consider relevant
in dividing the
8. Page
16, Line 486 through Page 17, Line 504
:
486
(5) (a) Within 30 days after the canvass date, the existing district shall make
half
of its General Fund, to a maximum of $20,000,000,
available
487
for the
{
new district's
}
use
{
:
}
of the remaining district and the new
district, as provided in this Subsection (5).
488
{
(i) $2,500,000, if the balance of the existing district's fund used for school
district
489
operations is $5,000,000 or more on the allocation date; or
490
(ii) 50% of the balance of the existing district's fund used for school district
operations,
491
if the balance of that fund on the allocation date is less than $5,000,000.
}
492
(b) The
existing district shall make the
money
{
made
}
under
Subsection (5)(a)
available to the
remaining district and the
new district
{
under Subsection (5)(a):
}
proportionately based on student population.
(c) The money made available under Subsection (5)(a):
493
(i) shall be used to further the purposes of this part; and
494
(ii) may be accessed and spent by:
495
(A) before July 15 of the year following the creation election date:
(I) for the remaining district, the members of the existing district board who
reside within the area of the remaining district, in consultation with:
(Aa) the legislative bodies of all municipalities in the area of the remaining
district; and
(Bb) the legislative body of the county in which the remaining district is located,
if the remaining district includes one or more unincorporated areas of the county;
and
496
{
(I)
}
(II) for the existing district:
(Aa)
the legislative body of the city in which the new district was created or the
497
legislative body's designee, if the new district is located entirely within the boundary of a
single
498
city; or
499
{
(II)
}
(Bb)
the legislative bodies of all interlocal agreement participants or
the legislative
500
bodies' designee, if the new district was created as a result of an interlocal agreement
under
501
Subsection (2);
{
or
}
and
502
(B)
{
the school district board of the new school district,
}
on or after July 15
of the year
503
following the creation election date
{
.
}
:
(I) for the remaining district, the school district board of the remaining district;
and
(II) for the new district, the school district board of the new district.
504
(6) (a) The existing district shall transfer title or, if applicable, partial title of
property
9. Page
18, Line 527
:
527
(ii) the school district board of the new district.
Section 5. Effective date.
If approved by two-thirds of all the members elected to each house, this bill
takes effect upon approval by the governor, or the day following the constitutional
time limit of Utah Constitution Article VII, Section 8, without the governor's
signature, or in the case of a veto, the date of veto override.
The motion passed unanimously with Sens. Jones, Bramble and Hillyard absent for
the vote.
Sen. Walker and Brian Allen explained the changes in the amendment. Barry Newbold,
Rick Horst, Steven Peterson, Susan Kuziak, Pat Casaday and Mayor David Newton
expressed their concerns regarding the division of Jordan School District. Sens.
Stephenson, Petersen, Romero and Bell asked questions concerning the amendment.
MOTION: Sen. Dayton moved to add the words "assets and liabilities" to lines 413 and
439 to the bill. (shown above)
The motion passed unanimously with Sens. Bramble, Hillyard, Jones and Stephenson
absent for the vote.
MOTION: Sen. Bell moved to pass the bill out of committee with a favorable
recommendation.
Sen. Bell assumed the Chair.
Sens. Bell, Peterson and Stephenson voted aye. Sen. Romero voted nay. Sens. Dayton
Jones, Bramble and Hillyard were absent for the vote.
2. Benefits to American Board Certified Teachers
Sen. Mark Madsen introduced S.B. 91.
David Saba discussed the elements for the American Board Distinguished Teacher
Certification and Sen. Stephenson stated his support for the bill. Sen. Romero voiced his
concerns and Sen. Bell inquired about additional compensation for the teachers who
achieve the certification. Sen. Madsen addressed these questions.
MOTION:
Sen. Stephenson moved to pass the bill out of committee favorably.
Sens. Bell, Jones, Peterson and Stephenson voted aye. Sen. Romero voted nay. Sens.
Dayton, Bramble and Hillyard were absent for the vote.
MOTION: Sen. Romero made a motion to adjourn. It was passed unanimously with
Sens. Dayton, Bramble and Hillyard absent for the vote.