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MINUTES OF HOUSE EDUCATION
STANDING COMMITTEE

Wednesday, February 3, 2010
Room 445, State Capitol Building

MEMBERS PRESENT:    Rep. Gregory H. Hughes, Chair
        Rep. Kenneth W. Sumsion, Vice Chair
        Rep. Johnny Anderson
        Rep. Laura Black
        Rep. Brad L. Dee
        Rep. Rebecca Edwards
        Rep. Craig A. Frank
        Rep. Bradley G. Last
        Rep. Merlynn T. Newbold
        Rep. Marie H. Poulson
        Rep. Kraig Powell
        Rep. Mark A. Wheatley
        

MEMBERS ABSENT:    Rep. Don L. Ipson
        Rep. Carol Spackman Moss
        Rep. Carl Wimmer        
            
STAFF PRESENT:    Constance C. Steffen, Policy Analyst
        Linda Service, Committee Secretary
        
Note: List of visitors and copy of handouts are filed with committee minutes.


Vice Chair Sumsion called the meeting to order at 8:10 a.m.

MOTION: Rep. Newbold moved to approve the minutes of February 2, 2010. The motion passed unanimously. Chair Hughes, Rep. Anderson, Rep. Dee, and Rep. Last were absent for the vote.

H.B. 99    Background Checks for School Sports Officials (Rep. L. Black)

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

1.    Page 2, Lines 49 through 50 :    

             49          (b) A certifying entity shall require an official to submit to a criminal background
             50      check before
{   July 1, 2010   }        the certifying entity schedules the official to officiate at a secondary-level interscholastic competition       .


2.    Page 2, Lines 56 through 57 :    



             56          (b) consent to a fingerprint background check by the division that includes
{   national and   }

             57      regional criminal data files.

3.    Page 3, Lines 81 through 84 :    

             81          (11) If an applicant is denied certification as an official or an official is
{   dismissed   }        no longer scheduled       as an

             82      official because of information obtained through a criminal background check, the individual
             83      shall receive written notice of the reasons
{   for denial or dismissal   } and have an opportunity to

             84      respond to the reasons under the procedures set forth in Subsection (10).

4.    Page 4, Lines 91 through 97 :    

             91          (14) Notwithstanding Subsection (13), this section does not apply to:
             92          (a) an unpaid volunteer individual officiating at a secondary-level interscholastic
             93      competition;
{   or   }

             94          (b) an individual who officiates at a secondary-level interscholastic competition and
{   :

             95          (i)  
}
is certified as an official from another state
{   ; and

             96          (ii) accompanies an out-of-state school competing in the secondary-level
             97      interscholastic competition  
}
{   .   }        ; or

    (c) an official who has not undergone a criminal background check who officiates at a secondary-level interscholastic competition, if a certifying entity would be forced to cancel the secondary-level interscholastic competition because the certifying entity is unable to schedule an official.
    (15) An official described in Subsection (14)(c) may only officiate at a secondary-level interscholastic competition one time before submitting to a criminal background check as required in Subsection (2).  


The motion passed unanimously. Chair Hughes, Rep. Anderson, Rep. Dee, and Rep. Last were absent for the vote.

Rep. Black explained the bill requires certified officials of school athletic competitions to have a criminal background check.


The following spoke in support of the bill:
    Bart Thompson, Assistant Director, Utah High School Activities Association
    Kory Holdaway, Utah Education Association

MOTION: Rep. Newbold moved to move to the next item on the agenda. The motion passed with Rep. Black, Rep. Edwards, and Rep. Poulson voting in opposition to the motion.

S.B. 95    Utah Educational Savings Plan Amendments (Sen. W. Niederhauser)

Sen. Niederhauser explained the bill modifies provisions regarding the Utah Educational Savings Plan.

The following spoke in support of the bill:
    Kory Holdaway, Utah Educational Association

MOTION: Rep. Frank moved to pass the bill with a favorable recommendation. The motion passed unanimously. Rep. Black was absent for the vote.

MOTION:    Rep. Wheatley moved to adjourn at 8:50 a.m. The motion pass unanimously. Rep. Black was absent for the vote.






_____________________________
Rep. Gregory H. Hughes, Chair