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MINUTES OF HOUSE EDUCATION
STANDING COMMITTEE

February 19, 2003
Room 129, State Capitol Building

MEMBERS PRESENT:    Rep. Margaret Dayton, Chair
        Rep. Merlynn T. Newbold, Vice Chair
        Rep. LaVar Christensen
        Rep. John Dougall
        Rep. James A. Ferrin
        Rep. James R. Gowans
        Rep. Ann W. Hardy
        Rep. David L. Hogue
        Rep. Kory M. Holdaway
        Rep. Gregory H. Hughes
        Rep. Bradley T. Johnson
        Rep. Brad King
        Rep. Loraine T. Pace
        Rep. LaWanna Shurtliff

MEMBERS ABSENT:    Rep. Carol Spackman Moss
        
STAFF PRESENT:    Constance C. Steffen, Policy Analyst
        Greta Rodebush, Committee Secretary

VISITORS LIST:    Attached to and made a part of these minutes.        


Chair Dayton called the meeting to order at 4:47 p.m.

MOTION:    Rep. Hogue moved to approve the minutes of February 17, 2003. The motion passed unanimously with Rep. Holdaway, Rep. Hughes, Rep. Pace, and
    Rep. Shurtliff absent for the vote.

H.B. 243    Amendments to Education (W. Harper)

MOTION:    Rep. Johnson moved to amend the bill as follows:

1.    Page 1, Line 5:    Delete " requiring" and insert " encouraging"

2.    Page 1, Line 18:    After "school district" delete "shall" and insert "is encouraged to"

The motion passed unanimously with Rep. Holdaway and Rep. Pace absent for the vote.




Rep. Harper introduced H.B. 243 which encourages secondary and certain school district administrators to teach at least one course each term or semester.

The following spoke in opposition to the bill:
Ms. Pat Rusk, President, Utah Education Association
Ms. Sydney Dixon, Granite School District
Mr. Barry Newbold, Superintendent, Jordan School District
Mr. Martell Menlove, Superintendent, Box Elder School District
Mr. Carl Boyinton, Secondary School Principals Association

Chair Dayton relinquished the chair to Vice-Chair Newbold at 5:12 p.m.

MOTION:    Rep. Holdaway moved to proceed to the next item on the agenda.

SUBSTITUTE
MOTION:    Rep. Johnson moved to pass the bill out favorably. The motion failed with
    Rep. Hughes and Rep. Johnson voting in favor of the motion. Rep. Ferrin,
    Rep. King, and Rep. Dayton were absent for the vote.

A vote was taken on the original motion. The motion passed unanimously with Rep. Ferrin, Rep. King, and Rep. Dayton absent for the vote.

H.B. 341    Property Tax Levy for Education (M. Styler)

Rep. Styler introduced H.B. 341 which modifies the State System of Public Education Code and the Property Tax Act by setting the minimum basic tax rate.

The following spoke in support of the bill:
Ms. Sarah Meier, Utah School Boards Association and Utah State Superintendents Association
Ms. Pat Rusk, President, Utah Education Association

The following spoke in opposition to the bill:    
Mr. Mike Jerman, Utah Taxpayers Association, Utah Manufacturers Association, Utah Mining Association, and Utah Food Industry Association

Mr. Larry Newton, State Director of Finance, spoke to the bill.






MOTION:     Rep. Ferrin moved to amend the bill as follows:

1.     Page 3, Lines 70-72: Restore the language on lines 70-72 and then
            bracket “but exclusive of “ and insert “including

2.     Page 4, Lines 107-108:    Restore the language on lines 107 and 108

3.     Page 7, Line 187:    Restore “53A-17a-135"

SUBSTITUTE
MOTION:    Rep. Christensen moved to proceed to the next item on the agenda..

MOTION:    Rep. Holdaway moved to call for the question. The motion passed unanimously with Rep. Dayton absent for the vote.

A vote was taken on the substitute motion. The motion passed with Rep. Gowans,
Rep. Holdaway, Rep. King, Rep. Shurtliff, and Rep. Newbold voting in opposition. Rep. Dayton was absent for the vote.

H.B. 153    Education Resource Conservation Programs (R. Becker)

MOTION:    Rep. Ferrin moved to delete H.B.153, in title and body, and replace it with
    1st Sub. H.B. 153. The motion passed unanimously with Rep. Dayton absent for the vote.

Rep. Becker introduced 1st Sub. H.B. 153 which creates a Resource Conservation Advisory Committee to help school districts become energy efficient.

The following spoke in favor of the bill:
Ms. Pat Rusk, President, Utah Education Association
Mr. Mike Glenn, Utah Energy Office
Mr. Ivan Weber, Chairman, Utah Chapter of the Sierra Club
Ms. Sarah Wrights, Utah Clean Energy Alliance

Mr. Barry Newbold, Superintendent, Jordan School District, spoke to the bill.

MOTION:    Rep. Dougall moved to pass the bill out favorably.





SUBSTITUTE
MOTION:    Rep. Ferrin moved to amend the bill as follows:

1.     Page 3, Line 76:    After “charter schools” delete “shall” and insert
            “are encouraged to

2.     Page 4, Line 88:    After “charter school” delete “shall” and insert
            “is encouraged to

The motion failed with Rep. Christensen, Rep. Dougall, Rep. Ferrin, Rep. Johnson, Rep. Pace,
Rep. Newbold, and Rep. Dayton voting in favor.

MOTION:    Rep. Holdaway moved to call for the question. The motion passed with
    Rep. Hogue voting in opposition.

A vote was taken on the original motion. The motion passed with Rep. Christensen,
Rep. Ferrin, Rep. Johnson, Rep. Pace, Rep. Newbold, and Rep. Dayton voting in opposition.

Chair Dayton resumed the Chair at 6:22 p.m.

S.B. 57    Charter School Amendments (H. Stephenson)

Sen. Stephenson introduced S.B. 57 which expands the number of charter schools that may be sponsored by the State Board of Education and modifies other provisions pertaining to charter schools.

The following spoke in favor of the bill:
Mr. Ray Timothy, Associate Superintendent, Utah State Office of Education
Mr. Nathan Rathban, Utah Charter Schools Association
Ms. Cheryl Phipps, Utah PTA Education Commissioner

Ms. Patricia Bradley, Utah State Office of Education, spoke to the bill.

MOTION:    Rep. Ferrin moved to pass the bill out favorably. The motion passed with
    Rep. Gowans, Rep. King, and Rep. Shurtliff voting in opposition.





S.C.R. 3    Resolution Designating Legislators Back to School Week (H. Stephenson)


MOTION:    Rep. Dougall moved to pass the bill out favorably. The motion passed unanimously with Rep. Johnson and Rep. Pace absent for the vote.

H.B. 186    Elementary School Vending Machine Sales (P. Jones)

MOTION:    Rep. Christensen moved to delete H.B. 186, in title and body, and replace it with
    4th Sub. H.B.186. The motion passed unanimously with Rep. Dougall,
    Rep. Johnson, and Rep. Pace absent for the vote.

Rep. Jones introduced 4th Sub. H.B. 186 which states that if an elementary school chooses to locate a vending machine on premises accessible to students, the food products sold in the vending machine may not be foods of minimal nutritional value as defined by the US Department of Agriculture.

Rep. Jones was assisted by the following:
Dr. Daniel Jackson, Primary Children's Hospital
Dr. Steven Steed, State Dental Director, Department of Health.

The following spoke in favor of the bill:
Mr. Steven H. Peterson, Utah School Boards Association and Utah State Superintendents
Association
Mr. Ralph Haws, Board of Education, Jordan School District

MOTION:    Rep. Hogue moved to pass the bill out favorably.

SUBSTITUTE
MOTION:    Rep. Dougall move to amend the bill as follows:

1.     Page 1, Lines 20-24:    Delete lines 20-24 and insert the following”
            “(2) The requirements of Subsection (1) shall be met
            upon the natural expiration or earlier termination of
            a school's contract in force with vending machine suppliers as of the effective date of this act.


Chair Dayton relinquished the chair to Vice-Chair Newbold at 7:19 p.m.

MOTION:    Rep. King moved to call for the question. The motion passed unanimously with
    Rep. Ferrin, Rep. Johnson, Rep. Pace, and Rep. Dayton absent for the vote.




A vote was taken on Rep. Dougall's substitute motion. The motion failed with Rep. Dougall,
Rep. Hardy, Rep. Holdaway, Rep. King, and Rep. Newbold voting in favor of the motion.
Rep. Ferrin, Rep. Johnson, Rep. Pace, and Rep. Dayton were absent for the vote.

A vote was taken on the original motion to pass the bill out favorably. The motion passed with Rep. Dougall, Rep. Hughes, and Rep. Newbold voting in opposition. Rep. Ferrin, Rep. Johnson,
Rep. Pace, and Rep. Dayton were absent for the vote.

MOTION:    Rep. Dougall moved to adjourn. The motion passed unanimously with Rep. Ferrin, Rep. Johnson, Rep. Pace, and Rep. Dayton absent for the vote.

Vice Chair Newbold adjourned the meeting at 7:36 p.m.




            







                    




_________________________
             Rep. Margaret Dayton, Chair