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January 28, 2005
Room W135, West Office Building, State Capitol Complex

MEMBERS PRESENT:    Rep. Margaret Dayton, Chair
        Rep. LaVar Christensen, Vice Chair
        Rep. Ron Bigelow
Rep. Duane Bourdeaux
        Rep. John Dougall
        Rep. James A. Ferrin
        Rep. James R. Gowans
        Rep. David L. Hogue
        Rep. Kory M. Holdaway
        Rep. Gregory H. Hughes
        Rep. Bradley T. Johnson
        Rep. Carol Spackman Moss
        Rep. Merlynn T. Newbold
        Rep. LaWanna Shurtliff
        Rep. Stephen Urquhart
STAFF PRESENT:    Constance C. Steffen, Policy Analyst
        Cindy Baker, Committee Secretary
        Dee S. Larsen, Associate General Counsel

Note: List of visitors and copy of handouts are filed with committee minutes.

Chair Dayton called the meeting to order at 8:02 a.m. and welcomed committee members.

Rep. Hogue moved to approve the minutes of January 24, and 26, 2005. The
    motion passed unanimously with Representatives Bourdeaux, Johnson,
    Urquhart, Christensen, and Moss absent for the vote.

H.B. 46    Public Education Capital Outlay Act Amendments ( D. Cox )

Rep. Cox presented the bill on January 18, 2005.

MOTION:    Rep. Hogue moved to pass the bill out favorably. The motion passed with
    Representatives Dayton and Newbold voting in opposition and Representatives
    Bourdeaux, Johnson, Urquhart, and Christensen absent for the vote.

H.B. 63    School Districts Amendments ( D. Cox )

MOTION:    Rep. Hogue moved to amend H.B. 63 as follows:

1.    Page 5, Lines 135 through 139 :    

             135          [An] (1) Upon the creation of a new district:
             136          (a) an employee of an existing district who is employed at a school that is transferred to
             137      a new district shall become an employee of the new district; and
             138          (b) the school board of the new district shall

have discretion in the hiring of all other

             139      staff
[[   .   ]]        ;

    (ii) adopt the personnel policies and practices of the existing district, including salary schedules and benefits; and
    (iii) enter into agreements with employees of the new district, or their representatives, that have the same terms as those in the negotiated agreements between the existing district and its employees.  

2.    Page 5, Lines 140 through 143 :    

             140          (2) (a) Subject to Subsection (2)(b), an employee of a school district from which a new
             141      district is created who becomes an employee of the new district shall
[[   receive the same

             142      considerations as are provided to transferred employees by Section 53A-2-116 and shall  
             143      the same status as a career or provisional employee with accrued seniority
  and accrued benefits       .

    The motion passed unanimously with Representatives Bourdeaux, Gowans,
    Holdaway, Johnson, Moss, Newbold, Urquhart, and Christensen absent for the

Rep. Cox introduced the bill which modifies procedures for the creation of a new school.

Susan Kusiak, UEA, and Geoffrey Leonard, Utah Public School Employees Association, expressed appreciation for the changes made by the amendment.

The following spoke in opposition to the bill
Ronda Rose, Utah PTA
Marcus Phillips, Lehi

MOTION:    Rep. Newbold moved to move to the next item on the agenda. The motion passed
    with Representatives Bordeaux, Dougall, Hogue, Johnson and Christensen voting
    in opposition and Representative Hughes absent for the vote.

H.B. 88    Air Conditioned Buses for Students with Disabilites ( D.Hogue )

Rep. Hogue introduced the bill which provides money for the air conditioning of school vehicles that transport disabled students.

Brent Huffman, Utah State Office of Education, addressed questions from the committee.

The following spoke in support of the bill:
Chris Lawson, Legislative Coalition for Persons with Disabilities
Ronda Rose, Utah PTA

MOTION:    Rep. Holdaway moved to pass the bill out favorably. The motion failed with
    Representatives Bourdeaux, Hogue, Holdaway, Moss and Shurtliff voting in     favor and Representatives Hughes and Johnson absent for the vote.

MOTION:    Rep. Dougall moved to adjourn the meeting. The motion passed unanimously     with Representatives Hughes and Johnson absent for the vote.

Chair Dayton adjourned the meeting at 9:10 a.m.

            ____________________________                 Rep. Margaret Dayton, Chair