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Tuesday, January 26, 2010
Room 445, State Capitol Building
Rep. Kenneth W. Sumsion, Vice Chair
Rep. Johnny Anderson
Rep. Laura Black
Rep. Rebecca Edwards
Rep. Craig A. Frank
Rep. Don L. Ipson
Rep. Bradley G. Last
Rep. Carol Spackman Moss
Rep. Merlynn T. Newbold
Rep. Marie H. Poulson
Rep. Kraig Powell
Rep. Mark A. Wheatley
Rep. Carl Wimmer
MEMBERS ABSENT: Rep. Brad Dee
STAFF PRESENT: Constance C. Steffen, Policy Analyst
Linda Service, Committee Secretary
Note: List of visitors and copy of handouts are filed with committee minutes.
Rep. Hughes called the meeting to order at 2:10 p.m. Committee members were introduced.
H.B. 81 School Employee Criminal Background Check (Rep. S. Allen)
MOTION: Rep. Newbold moved to amend the bill as follows:
1. Page 1, Line 18 :
18 applicant or employee to pay for the costs of a criminal background check;
. allows the State Board of Education to require an educator to submit to a criminal background check where reasonable cause exists; and
2. Page 5, Lines 150 through 151 :
150 revoked license.
(2) Where reasonable cause exists, the State Board of Education may require an educator to submit to a criminal background check.
(a) The office shall establish a procedure for obtaining and
3. Page 6, Line 159 :
159 separate file of fingerprints submitted under Subsection
(a) and notify
the office when a new
4. Page 6, Line 169 :
respond to any information received by the
5. Page 6, Lines 171 through 173 :
171 (4) In preparing recommendations concerning licensing for submission to the board,
172 the office shall consider only the following matters obtained through fingerprint checks to the
173 extent that they are relevant to the license sought by the applicant
or held by the educator :
6. Page 7, Lines 185 through 188 :
185 (5) If a recommendation is made for denial
, suspension, or revocation of licensure because of information
186 obtained through a background check, the person shall receive written notice of the reasons for
187 the recommendation and have an opportunity to respond in accordance with procedures set
188 forth under board rules.
7. Page 7, Line 191 :
191 (7) The applicant shall pay the costs of conducting the background check
required pursuant to Subsection (1) .
The motion to amend passed unanimously.
Rep. Allen explained the bill which modifies provisions regarding criminal background checks for employees of, or volunteers at, school districts, charter schools, and private schools.
Dr. Larry Shumway, State School Superintendent, responded to committee members' questions.
The following spoke in support of the bill:
Steve Peterson, Utah School Boards Association and Utah School Superintendents Association
Robert McDaniel, Chair, Utah Professional Practices Advisory Commission and H.R. Director, Murray School District
Stephen Dimond, H.R. Director, Canyons School District
Becky Williams, H.R. Director, Davis School District
Robert Layton, Utah Association of Criminal Defense Lawyers, commented on the bill.
Geoffrey Leonard, Utah Classified Employees Association, expressed concern with the cost of background checks to employees.
MOTION: Rep. Last moved to pass the bill out with a favorable recommendation. The motion passed unanimously with Rep. Newbold and Rep. Wimmer absent for the vote.
H.B. 42 School District Employees - Career Status Requirements (Rep. R. Menlove)
MOTION: Rep. Ipson moved to adopt 1st Substitute H.B. 42. The motion passed unanimously with Rep. Newbold and Rep. Wimmer absent for the vote.
Rep. Menlove said the bill gives flexibility to school districts when an educator is seeking career status.
Steve Peterson, Utah School Boards Association and Utah School Superintendent s Association, spoke in support of the bill.
Susan Kuziak, Utah Education Association, spoke in opposition to the bill.
MOTION: Rep. Frank moved to pass the bill out with a favorable recommendation. The motion passed with Rep. Anderson, Rep. Black, Rep. Edwards, Rep. Moss, Rep. Poulson and Rep. Wheatley voting in opposition to the bill. Rep. Wimmer was absent for the vote.
MOTION: Rep. Moss moved to adjourn at 3:46 p.m. The motion passed unanimously with Rep. Wimmer absent for the vote.
Rep. Gregory H. Hughes, Chair