Link to Zipped WordPerfect Minutes 15K bytes
Members Present: Sen. Curtis Bramble, Chair
Sen. Margaret Dayton
Sen. Brent Goodfellow
Sen. Scott Jenkins
Sen. Karen Morgan
Sen. Howard A. Stephenson
Members Excused: Sen. Lyle Hillyard
Staff Present: Allison Nicholson, Policy Analyst
Dee Larsen, Associate General Counsel
Karen C. Allred, Secretary
Public Speakers Present: Steven H. Peterson, Executive Director, Utah School Boards
Association and Representative, Superintendents Association
Jeff Leonard, Utah School Employees Association
Holly Langton, Education Commissioner, Utah PTA
Susan Kusiak, Utah Education Association
Michael Clara, Gang Task Force Member
Debbie White, President, American Federation of Teachers, Utah
Tom Love, Chair, United Way Board of Directors
Greg Summerhays, Hispanic Affairs Director, Workers'
Compensation Fund
Bob Babcock, President, Babcock Scott Construction
John C. Wester, Bishop, Salt Lake Diocese, Catholic Church
Kevin Taylor, Trustee, Liahona Self Reliance Foundation
Stan Rasmussen, Public Affairs, Sutherland Institute
Juan M. Ruiz, President, Latin American Chamber of Commerce
Tim Wheelwright, Attorney, American Immigration Lawyers
Association
Octavio Villalpando, Citizen
Melva Sine, President/CEO, Utah Restaurant Association
Lee Gardner, Salt Lake County Assessor
Ana Archuleta, Civic Leader, Hispanic Community
Antonella Packerd, Co-Chair, Utah Hispanic Legislative Task Force
Ronald Mortensen, Citizen, Utah Coalition on Illegal Immigration
Michael Sanchez, Citizen, Utah Minuteman
Jennifer M. Seelig, Utah State Representative
Larry Shumway, Deputy Superintendent, Utah State Office of
Education
Leslie Gertsch, Chair, Utah Council of the Blind
Joe Zeidner, Parent of a Deaf Child
Von Horten, Institutional Council, Utah Schools for the Deaf and
the Blind
Mike Hadden, Deputy Director, Utah Department of Corrections
Mason Bishop, Vice President, Institutional Advancement, Salt
Lake Community College
Derek Monson, Policy Analyst, Sutherland Institute
A list of visitors and a copy of handouts are filed with the committee minutes.
Chair Bramble called the meeting to order at 4:15 p.m.
MOTION: Sen. Goodfellow moved to approve the minutes of the February 27, 2009 meeting.
The motion passed unanimously, with Sens. Dayton, Jenkins, and Stephenson absent for the vote.
1. S.B. 241 -- Instructional Expenses Requirements
Sen. Madsen introduced and explained the bill, and an amendment was adopted at the last meeting, February 27, 2009.
Steven H. Peterson, Jeff Leonard, Holly Langton, and Susan Kusiak, spoke in opposition to the bill.
MOTION: Sen. Goodfellow moved to go to the next item on the agenda.
The motion passed unanimously with Sens. Dayton, Jenkins, and Stephenson absent for the vote.
2. S.B. 74 -- At Risk Student Provisions
MOTION: Sen. Goodfellow moved to adopt the following amendment:
1. Page 2, Lines 53 through 55 :
53 (1) In addition to
{
participation
}
the individual schools that participate
in the
gang prevention and intervention program
54 established under Section 53A-15-601 for at-risk students, a local school board or governing
55 board of a charter school shall enact policies to ensure the following
at all public schools
:
2. Page 2, Line 58 through Page 3, Line 59 :
58 (b) a student who participates in gang activities
{
shall
}
may
be excluded from
participation in
59 extracurricular activities, including interscholastic athletics, as determined by school
3. Page 3, Line 62 :
62 notification and appropriate administrative and law enforcement actions,
{
including
}
which may include
obtaining
4. Page 3, Line 64 :
64 (d) if a serious gang-related incident
, as determined by the school administrator in
consultation with local law enforcement,
occurs on school property, at school related
5. Page 3, Line 67 :
67 (i) informing them, in general terms, about the incident
, but removing all personally
identifiable information about students from the notice
;
6. Page 4, Line 90 :
90 through school websites, handbooks, letters to parents and guardians,
{
and
}
or
other
reasonable
The motion passed unanimously with Sens. Dayton, Jenkins, and Stephenson absent for the vote.
Sen. Robles explained the amendment and introduced and explained the bill.
Michael Clara and Debbie White spoke in favor of the bill.
Sen. Dayton assumed the chair.
MOTION: Sen. Goodfellow moved to pass S.B. 74 out of committee with a favorable recommendation.
The motion passed with Sens. Goodfellow, Jenkins, and Morgan voting in favor, and Sen. Dayton voting in opposition.
3. S.B. 113 -- Delayed Effective Date for Illegal Immigration Legislation
Sen. Jones introduced and explained the bill.
Tom Love, Greg Summerhayes, Bob Babcock, John C. Wester, Kevin Taylor, and Stan Rasmussen spoke in favor of the bill.
Sen. Bramble resumed the Chair.
Juan M. Ruiz, Tim Wheelwright, Octavio Villalpando, Melva Sine, Lee Gardner, Ana Archuleta, and Antonella Packerd spoke in favor of the bill.
Ronald Mortenson, and Michael Sanchez spoke in opposition of the bill.
MOTION: Sen. Goodfellow moved to pass S.B. 113 out of committee with a favorable recommendation.
The motion failed with Sens. Goodfellow, Morgan, and Stephenson voting in favor; and Sens. Bramble, Dayton, and Jenkins voting in opposition.
MOTION: Sen. Dayton moved to pass S.B. 241 out of committee with a favorable recommendation.
The motion passed with Sens. Bramble, Dayton, Jenkins, and Stephenson voting in favor, and Sens. Goodfellow and Morgan voting in opposition
4. H.B. 312 -- Amended Campaign Finance Filings
Rep. Allen introduced and explained the bill.
MOTION: Sen. Goodfellow moved to pass H.B. 312 out of committee with a favorable recommendation.
The motion failed with Sen. Goodfellow voting in favor, Sens. Bramble, Dayton, Jenkins, and Stephenson voting in opposition, and Sen. Morgan absent for the vote.
5. H.B. 1st Sub. H.B. 296 -- Schools for the Deaf and Blind
Rep. Sumsion introduced and explained the bill.
Representative Jennifer M. Seelig, Larry Shumway, Leslie Gertsch, Joe Zeidner, and Von Horten, spoke in favor of the bill.
MOTION: Sen. Morgan moved to pass 1st Sub. H.B. 296 out of committee with a favorable recommendation.
The motion passed unanimously with Sen. Jenkins absent for the vote.
6. 1st Sub. H.B. 100 -- Department of Corrections -- Tracking and Reimbursement of Individual Prisoner Costs
MOTION: Sen. Dayton moved to adopt the following amendment:
1. Page 3, Line 77
House Floor Amendments
2-23-2009 :
77 (2)
{
In order to
}
(a) To
fulfill
{
this
}
the
responsibility
under
Subsection (1)
, the [boards] State Board of Education and the
2. Page 3, Line 79
House Floor Amendments
2-23-2009 :
79 public agencies to provide educational and related administrative services
. Contracts for
postsecondary education and training shall be under Subsection (2)(b)
.
(b)(i) The contract under Subsection (2)(a) to provide postsecondary education and
training shall be with a community college if the correctional facility is located within the
service region of a community college, except under Subsection (2)(b)(ii).
(ii) If the community college under Subsection (2)(b)(i) declines to provide the education and training or cannot meet reasonable contractual terms for providing the education and training as specified by the Utah Department of Corrections, postsecondary education and training under Subsection (2)(a) may be procured through other appropriate private or public agencies.
3. Page 7, Line 193
House Floor Amendments
2-23-2009 :
193 offenders and inmates as defined in Section 64-13-1 .
(3) Funds appropriated from the Prison Telephone Surcharge Account may only be
used by the Department purposes under Subsections 53A-1-403.5(3)(a)(i) and (iv).
The motion passed unanimously with Sen. Jenkins absent for the vote.
Rep. Wimmer introduced and explained the bill.
Mike Hadden and Mason Bishop spoke in favor of the bill.
MOTION: Sen Goodfellow moved to adopt the following amendment:
1. Page 1, Line 12
House Floor Amendments
2-23-2009 :
12 require offenders who receive medical
{
,
}
and
dental
{
, and postsecondary
educational
}
services,
2. Page 1, Line 27 through Page 2, Line 45
House Floor Amendments
2-23-2009 :
27 pay for the treatment because of inadequate financial resources;
{
28 . requires an inmate participating in postsecondary education through the department
29 to pay or reimburse the department for 50% of the costs of tuition; }
30
{
. requires the department to coordinate a deferred postsecondary education
tuition
31 repayment program with the Office of State Debt Collection to provide a
32 participating inmate:
33 . a reasonable time frame to make payments, beginning no later than two years
34 after termination of the inmate's parole; and
35 . a reasonable payment amount to allow an inmate to reimburse the tuition
36 obligation incurred while under the supervision of the department;
37 . provides that tuition costs not paid by the inmate at the time of participating in
38 postsecondary education will be paid from the Prison Telephone Surcharge
39 Account;
40 . provides that of the amounts collected by the Office of State Debt Collection:
41 . 10% may be used by the Office of State Debt Collection for purposes of
42 operating the deferred payment program; and
43 . all other funds collected as repayment for postsecondary tuition costs will be
44 deposited into the Prison Telephone Surcharge Account to be used by the
45 department for education and training programs for inmates; }
3. Page 3, Line 65
House Floor Amendments
2-23-2009 :
65
{
64-13-30.5, Utah Code Annotated 1953
}
4. Page 6, Lines 136 through 165 :
136
{
Section 3.
Section
64-13-30.5
is enacted to read:
137 64-13-30.5. Payment by inmate for postsecondary educational tuition.
138 (1) (a) An inmate participating in a postsecondary education program through the
139 department shall pay to the department at the time of enrollment H. [tuition for] .H 50% of the
139a costs of
140 H. the .H postsecondary education H. tuition .H .
141 (b) If an inmate desires to participate in the postsecondary education program but is
142 unable to pay the costs of the education because of inadequate financial resources, the inmate
143 may participate in a deferred tuition payment program under this section.
144 (c) The department and the Office of State Debt Collection shall coordinate a deferred
145 postsecondary education tuition repayment program to provide inmates a reasonable payment
146 schedule and payment amount to allow for deferred payment of the postsecondary educational
147 tuition obligation the inmate incurred while under supervision of the department, which shall:
148 (i) account for all postsecondary education tuition costs incurred by the inmate while
149 under the supervision of the department;
150 (ii) establish an appropriate time for the inmate to begin payment of postsecondary
151 education tuition costs, which shall require that payments start no later than two years after
152 termination of parole; and
153 (iii) establish a payment schedule and payment amounts, including prevailing interest
154 rates, commensurate with student loans currently being offered by local financial institutions.
155 (d) Neither the department nor the Office of State Debt Collection may relieve an
156 offender of the postsecondary tuition repayment responsibility.
157 (e) The department shall pay costs of postsecondary education not paid by the offender
158 at the time of participation in the program from the Prison Telephone Surcharge Account.
159 (2) (a) Of those tuition funds collected by the Office of State Debt Collection under
160 this section, 10% may be used by the Office of State Debt Collection for operation of the
161 deferred payment program.
162 (b) All other funds collected as repayment for postsecondary tuition costs shall be
163 deposited in the Prison Telephone Surcharge Account.
164 (3) Only inmates lawfully present in the United States may participate in the
165 postsecondary educational program offered through the department. }
5. Page 7, Lines 181 through 190 :
181 located at any correctional facility as defined in Section 64-13-1 ;
{
[
}
and
{
]
}
182 (ii) interest on account monies[
{
;
}
H. [and] .H
.
183
{
(iii) (A) money paid by inmates participating in postsecondary education
provided by
184 the department; and
185 (B) money repaid by former inmates who have a written agreement with the
186 department to pay for a specified portion of the tuition costs under the department's deferred
187 tuition payment program;
188 (iv) money collected by the Office of State Debt Collection for debt described in
189 Subsection (1)(b)(iii); and
190 (v) money appropriated by the Legislature. }
The motion failed with Sens. Goodfellow and Morgan voting in favor, Sens. Bramble, Dayton, and Stephenson voting in opposition, and Sen. Jenkins absent for the vote.
MOTION: Sen. Stephenson moved to pass 2nd Sub. H.B. 100 out of committee with a favorable recommendation.
The motion passed with Sens. Bramble, Dayton, Morgan, and Stephenson voting in favor, Sen. Goodfellow voting in opposition, and Sen. Jenkins absent for the vote.
7. H.B. 328 -- Teacher Quality Amendments
Sen. Stephenson introduced and explained the bill.
Larry Shumway and Derek Monson spoke in favor of the bill.
Steve Peterson spoke against the bill.
MOTION: Sen. Stephenson moved to pass H.B. 328 out of committee with a favorable recommendation.
The motion passed with Sens. Bramble, Dayton, and Stephenson voting in favor; Sen. Morgan voting in opposition, and Sens. Goodfellow and Jenkins absent for the vote.
8. H.B. 194 -- Education Policies for Military Children
Rep. Menlove introduced and explained the bill.
MOTION: Sen. Dayton moved to pass H.B. 194 out of committee with a favorable recommendation.
The motion passed unanimously with Sens. Goodfellow and Jenkins absent for the vote.
MOTION: Sen. Dayton moved to place H.B. 194 on the Consent Calendar.
The motion passed unanimously with Sens. Goodfellow and Jenkins absent for the vote.
MOTION: Sen. Stephenson moved to adjourn.
The motion passed with Sens. Bramble, Dayton, and Stephenson voting in favor, Sen. Morgan voting in opposition, and Sens. Goodfellow and Jenkins absent for the vote.
Committee Chair Bramble adjourned the meeting at 6:48 p.m.
Minutes were reported by Karen C. Allred, Secretary.