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MINUTES OF HOUSE EDUCATION
STANDING COMMITTEE
February 7, 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. Kory M. Holdaway
        Rep. Gregory H. Hughes
        Rep. Bradley T. Johnson
        Rep. Carol Spackman Moss
        Rep. Merlynn T. Newbold
        Rep. LaWanna Shurtliff
        
MEMBERS ABSENT:    Rep. David L. Hogue
        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.

MOTION:    Rep. Dougall moved to approve the minutes of February 3, 2005. The motion
    passed unanimously with Representatives Hughes, Johnson, Moss, Newbold,     Shurtliff and Christensen absent for the vote.
    
H.B.196    Legislators Involvement in Public Schools (D. Bourdeaux)

Rep. Bourdeaux introduced the bill which requires legislators to participate in public schools three days each year.

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

    Page 2, Line 44: After "to" insert "interview teachers and staff and" The motion
    passed unanimously with Representatives Hughes, Johnson, Newbold,

    Shurtliff and Christensen absent for the vote.


The following spoke in support of the bill:
Chad Harris, Utah School Superintendents Association
Ann Forbush, Utah School Board Association
Pat Fender, American Federation of Teachers

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

    Page 2, Line 38: After "year" insert "during the legislative general session"

SUBSTITUTE
MOTION:    Rep. Holdaway moved to amend the bill as follows:
    
    Page 2, Line 38: Delete "three" and insert "one" and delete "days" and          insert "day"
    Page 2, Line 39 After "state" delete the remainder of the line

    Page 2, Lines 40-43: Delete lines 40-43
    
    Page 2, Lines 46-57: Delete lines 46-57

    Renumber remaining subsections.

    The motion failed with Representatives Bigelow, Holdaway, Newbold and Dayton
    voting in favor of the motion and Representative Johnson absent for the vote.

A vote was taken on Rep. Dougall's motion. The motion failed with Representatives Dayton and
Dougall voting in favor of the motion and Representative Johnson absent for the vote.

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

H.B. 86    Utah College of Applied Technology Amendments (R. Bigelow)

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


1.    Page 9, Lines 269 through 273 :    


             269          (1) In accordance with Subsection 53B-2a-112 (2), a college campus may enter into a
             270      lease with other higher education institutions, public school districts, state agencies, or business
             271      and industry for a term of:
             272          (a) one year or less with the approval of the campus board of directors; and
             273          (b) more than one year with
  :

(i)  
the approval of the board of trustees       ; and

(ii) the approval of funding for the lease by the Legislature prior to a college campus entering into the lease  
.

    
    The motion passed unanimously with Representatives Johnson, and Shurtliff     absent for the vote.

MOTION:    Rep. Holdaway moved to adopt 1st Substitute H.B.86 with the amendment of Rep
    Bigelow that was previously approved. The motion failed with Representatives
    Holdaway, Gowans and Bourdeaux voting in favor and Representatives Johnson
    and Shurtliff absent for the vote.

MOTION:    Rep. Dougall moved to pass the bill out favorably as amended. The motion     passed unanimously with Representatives Bourdeaux and Shurtliff absent for the     vote.

H.B. 102    Higher Education Savings Incentive Program Amendments (S. Wyatt)

Rep. Scott Wyatt, assisted by Lynn Ward, Office of the Commissioner of Higher Education, introduced the bill which modifies the Utah Educational Savings Plan Trust.

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


1.    Page 3, Line 70 :    

             70          
[[   59-10-901, as enacted by Chapter 390, Laws of Utah 1997   ]]


2.    Page 3, Line 83 :    

             83          53B-8b-112, as enacted by Chapter 390, Laws of Utah 1997
      59-10-901, as enacted by Chapter 390, Laws of Utah 1997      

3.    Page 24, Lines 736 through 740 :    

             736          
[[   Section 13. Section 59-10-901 is amended to read:

             737          59-10-901. Tax considerations for Utah Supplemental Educational Savings Plan
             738      Trust.
             739          [(1) (a)] A contribution to the Utah Supplemental Educational Savings Plan Trust
             740      created under Section 53B-8b-103 on behalf of a designated beneficiary is not a taxable gift.
  ]]
4.    Page 25, Line 764 :    

             764          Section 53B-8b-112, Liberal construction.
    
  Section 59-10-901. Tax considerations for Utah Supplemental Educational Savings Plan Trust.      

5. Page 11, Lines 316 through 321:

             316          (2) (a) [Each] Through March 31, 2005, each
[[   beneficiary   ]]        account owner       under [a participation] an

             317      account agreement
[[   shall   ]]        may       receive an interest in a portion, as determined by policy, of the

             318      investment income derived by the endowment fund in any year during which funds are invested
             319      in the program fund on behalf of the beneficiary, to be payable [each year in which moneys are
             320      paid under the participation agreement to institutions of higher education for higher education
             321      costs, not to exceed the cost of attendance at the institution] as provided in Subsection (2)(c).
The motion passed unanimously with Representatives Bourdeaux and Shurtliff absent for the vote.

MOTION:    Rep. Gowans moved to pass the bill out favorably as amended. The motion     passed unanimously with Representative Ferrin absent for the vote.

Chair Dayton relinquished the chair to Vice Chair Christensen at 9:33 a.m.

H.B. 139    Local School Board Amendments (M. Dayton)

Rep. Dayton introduced the bill which provides for the replacement of a local school board president or vice president and establishes board quorum requirements.

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

MOTION:    Rep. Dougall moved to place the bill on the consent calendar. The motion passed     unanimously with Representative Ferrin absent for the vote.

Chair Dayton resumed the chair at 9:37 a.m.

H.B. 136    Charter School Enrollment (J. Ferrin)

Rep. Ferrin introduced the bill which allows a charter school with more applicants than enrollment capacity to give enrollment preference, based on a student's proximity to the school.

The following spoke in support of the bill:
Brian Allen, State Charter School Board

Marilyn Kofford, Utah PTA, expressed concern about the bill.

MOTION:    Rep Hughes moved to pass the bill out favorably. The motion passed          unanimously.

MOTION:    Rep. Dougall moved to adjourn. The motion passed unanimously.

Chair Dayton adjourned the meeting at 9:48 a.m.






            ____________________________                 Rep. Margaret Dayton, Chair