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MINUTES OF THE
SENATE EDUCATION STANDING COMMITTEE
    Monday, February 5, 2007
Room W130, West Office Building, State Capitol Complex



Members Present:        Sen. Margaret Dayton, Committee Chair
                Sen. Greg Bell
                Sen. Curtis Bramble
                Sen. Lyle Hillyard
                Sen. Pat Jones
                Sen. Darin Peterson
                Sen. Ross Romero
                Sen. Howard A. Stephenson
                                
Staff Present:            Phillip V. Dean, Policy Analyst
                Norda Shepard, Secretary
                    
Public Speakers Present:    Paul Mero, Sutherland Institute
                Dave Lifferth, Parent
                Jon Yarrington, President, Utah Home Educators Association
                Gayle Ruzicka, Utah Eagle Forum
                Sarah Myers, President, Utah School Boards Association
                Jerry Bovee, Associate Director, Utah High School Activities
                    Association
                Debra Taylor, Utah PTA
                Dave Buhler, Associate Commissioner, Utah State Higher                      Education
                Susan Kuziak, Executive Director, Utah Education Association
                                
A list of visitors and a copy of handouts are filed with the committee minutes.

Committee Chair Dayton called the meeting to order at 8:00 a.m. Chair Dayton announced that at the request of the sponsor, S.B. 180, School Construction Contract Amendments, would not be heard.

MOTION: Sen. Bell moved to approve the minutes of January 30, 2007 and February 1, 2007.
The motion passed unanimously with Sens. Bramble, Hillyard, Jones, Peterson, and Stephenson absent at the time of the vote.

1. S.B. 81 Home School and Extracurricular Activity Amendments

Sen. Mark B. Madsen presented the bill. Paul Mero, Sutherland Institute, spoke in support and distributed a handout. Dave Lifferth, parent; Jon Yarrington, President, Utah Home Educators

Association; and Gayle Ruzicka, Utah Eagle Forum, also spoke in support. Sarah Myer, President, Utah School Boards Association, also representing the Utah School Superintendents Association; Jerry Bovee, Associate Director, Utah High School Activities Association; and Debra Tabor, Utah PTA, spoke in opposition.

MOTION: Sen. Bell moved to pass S.B. 81, Home School and Extracurricular Activity Amendments, out of committee with a favorable recommendation.

The motion passed unanimously.

Chair Dayton turned the chair to Sen. Peterson.

2. S.B. 62 College and University Tuition Tax Credits

Sen. Bell presented the bill and proposed amendments and distributed a handout.

MOTION: Sen. Bell proposed to amend S.B. 62, College and University Tuition Tax Credits, with the following amendments:

1.    Page 1, Lines 15 through 18

             15      .    establishes definitions, including eligibility for the credit;
             16          

{   .    requires the State Tax Commission to verify certain eligibility information with

             17      institutions of higher education;  
}
and
             18          .    gives rulemaking authority to the State Tax Commission.

2.    Page 2, Lines 37 through 38

             37          (ii) is legally claimed as a personal exemption on the federal and state individual
             38      income tax return of a claimant who has claimant's income of $30,000 or less
  , regardless of filing status       ;


3.    Page 3, Lines 67 through 73.    

             67      section if the amount of the tax credit exceeds the claimant's tax liability under this chapter.
             68          (b)
{   (i) Prior to issuing a refund for a refundable tax credit as provided in Subsection

             69      (3)(a), the commission shall, at a minimum, verify enrollment and qualified higher education


             70      expense information with the eligible institution.
             71          (ii)  
}
Upon request of the commission, the eligible institution shall release
{   the requested

             72      information, including  
}
applicable enrollment and qualified higher education expense
             73      information
{   ,   } to the commission for an eligible student.


The motion passed unanimously with Chair Dayton and Sen. Bramble absent at the time of the vote.

Chair Dayton assumed the chair.

Dave Buhler, Association Commissioner, Utah State Higher Education, spoke in support. Susan Kuziak, Executive Director, Utah Education Association, spoke to the bill.

MOTION: Sen. Hillyard moved to pass S.B. 62, College and University Tuition Tax Credits, out of committee with a favorable recommendation as amended.

The motion passed with Chair Dayton and Sen. Stephenson voting in opposition with Sen. Bramble absent at the time of the vote.

MOTION: Sen. Hillyard moved to adjourn. The motion passed unanimously with Sen. Bramble absent at the time of the vote.

Chair Dayton adjourned the meeting at 9:59 a.m.

Minutes were reported by Norda Shepard, Secretary.





_________________________________
Sen. Margaret Dayton, Committee Chair