Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 33 (2015GS)

Sponsor

Rep. Draxler, J.

Final action

Governor Signed 3/23/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• enacts a chapter providing for an American Indian-Alaskan Native Education State Plan, including:
• defining terms;
• providing the position of American Indian-Alaskan Native Public Education Liaison;
• requiring reporting to the Native American Legislative Liaison Committee;
• creating the American Indian-Alaskan Native Education Commission;
• establishing the duties of the commission; and
• providing for the adoption of a state plan to address the educational achievement gap of the state's American Indian-Alaskan Native students; and
• makes technical and conforming amendments.

Every vote on this bill

Bill text

AMERICAN INDIAN-ALASKAN NATIVE EDUCATION
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jack R. Draxler
Senate Sponsor: 
Kevin T. Van Tassell
Cosponsors:
Kay L. McIff
Michael E. Noel
Marie H. Poulson
Angela Romero
Douglas V. Sagers
Mark A. Wheatley
LONG TITLE
General Description:
This bill modifies provisions related to American Indian-Alaskan Native education.
Highlighted Provisions:
This bill:
▸ enacts a chapter providing for an American Indian-Alaskan Native Education State
Plan, including:
• defining terms;
• providing the position of American Indian-Alaskan Native Public Education
Liaison;
• requiring reporting to the Native American Legislative Liaison Committee;
• creating the American Indian-Alaskan Native Education Commission;
• establishing the duties of the commission; and
• providing for the adoption of a state plan to address the educational achievement
gap of the state's American Indian-Alaskan Native students; and
▸ makes technical and conforming amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
9-9-104.6
, as last amended by Laws of Utah 2014, Chapter 387
ENACTS:
53A-31-101
, Utah Code Annotated 1953
53A-31-102
, Utah Code Annotated 1953
53A-31-201
, Utah Code Annotated 1953
53A-31-202
, Utah Code Annotated 1953
53A-31-203
, Utah Code Annotated 1953
53A-31-301
, Utah Code Annotated 1953
53A-31-302
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
9-9-104.6
 is amended to read:
9-9-104.6.
Participation of state agencies in meetings with tribal leaders --
Contact information.
(1) For at least three of the joint meetings described in Subsection 
9-9-104.5
(2)(a), the
division shall coordinate with representatives of tribal governments and the entities listed in
Subsection (2) to provide for the broadest participation possible in the joint meetings.
(2) The following may participate in all meetings described in Subsection (1):
(a) the chairs of the Native American Legislative Liaison Committee created in Section
36-22-1
;
(b) the governor or the governor's designee;
(c) (i) the American Indian-Alaskan Native Health Liaison appointed in accordance
with Section 
26-7-2.5
; or
(ii) if the American Indian-Alaskan Native Health Liaison is not appointed, a
representative of the Department of Health appointed by the executive director of the
Department of Health; [
and
]
(d) the American Indian-Alaskan Native Public Education Liaison appointed in
accordance with Section 
53A-31-201
; and
[
(d)
] 
(e)
 a representative appointed by the chief administrative officer of the following:
(i) the Department of Human Services;
(ii) the Department of Natural Resources;
(iii) the Department of Workforce Services;
(iv) the Governor's Office of Economic Development;
[
(v) the State Office of Education; and
]
(v) the State Board of Education; and
(vi) the State Board of Regents.
(3) (a) The chief administrative officer of the agencies listed in Subsection (3)(b) shall:
(i) designate the name of a contact person for that agency that can assist in coordinating
the efforts of state and tribal governments in meeting the needs of the Native Americans
residing in the state; and
(ii) notify the division:
(A) who is the designated contact person described in Subsection (3)(a)(i); and
(B) of any change in who is the designated contact person described in Subsection
(3)(a)(i).
(b) This Subsection (3) applies to:
(i) the Department of Agriculture and Food;
(ii) the Department of Heritage and Arts;
(iii) the Department of Corrections;
(iv) the Department of Environmental Quality;
(v) the Department of Public Safety;
(vi) the Department of Transportation;
(vii) the Office of the Attorney General;
(viii) the State Tax Commission; and
(ix) any agency described in [
Subsection
] 
Subsections
 (2)(c) [
or (d)
] 
through (e)
.
(c) At the request of the division, a contact person listed in Subsection (3)(b) may
participate in a meeting described in Subsection (1).
(4) (a) A participant under this section who is not a legislator may not receive
compensation or benefits for the participant's service, but may receive per diem and travel
expenses as allowed in:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance according to Sections 
63A-3-106
 and
63A-3-107
.
(b) Compensation and expenses of a participant who is a legislator are governed by
Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
Section 2. Section 
53A-31-101
 is enacted to read:
CHAPTER 31. AMERICAN INDIAN-ALASKAN NATIVE 
EDUCATION STATE PLAN
Part 1. General Provisions
 53A-31-101.
Title.
This chapter is known as the "American Indian-Alaskan Native Education State Plan."
Section 3. Section 
53A-31-102
 is enacted to read:
 53A-31-102.
Definitions.
As used in this chapter:
(1) "Commission" means the American Indian-Alaskan Native Education Commission
created in Section 
53A-31-202
.
(2) "Liaison" means the individual appointed under Section 
53A-31-201
.
(3) "Native American Legislative Liaison Committee" means the committee created in
Section 
36-22-1
.
(4) "State plan" means the state plan adopted under Section 
53A-31-301
.
(5) "Superintendent" means the superintendent of public instruction appointed under
Section 
53A-1-301
.
Section 4. Section 
53A-31-201
 is enacted to read:
Part 2. Liaison and Commission
 53A-31-201.
American Indian-Alaskan Native Public Education Liaison.
(1) Subject to budget constraints, the superintendent shall appoint an individual as the
American Indian-Alaskan Native Public Education Liaison.
(2) The liaison shall work under the direction of the superintendent in the development
and implementation of the state plan.
(3) The liaison shall annually report to the Native American Legislative Liaison
Committee about:
(a) the liaison's activities; and
(b) the activities related to the education of American Indians and Alaskan Natives in
the state's public school system and efforts to close the achievement gap.
Section 5. Section 
53A-31-202
 is enacted to read:
 53A-31-202.
Commission created.
(1) There is created a commission known as the "American Indian-Alaskan Native
Education Commission." The commission shall consist of 16 members as follows:
(a) the superintendent;
(b) the liaison;
(c) two individuals appointed by the State Board of Education that are coordinators
funded in whole or in part under Title VII, Elementary and Secondary Education Act;
(d) three members of the Native American Legislative Liaison Committee appointed by
the chairs of the Native American Legislative Liaison Committee;
(e) a representative of the Navajo Nation who resides in Utah selected by the Navajo
Utah Commission;
(f) a representative of the Ute Indian Tribe of the Uintah and Ouray Reservation who
resides in Utah selected by the Uintah and Ouray Tribal Business Committee;
(g) a representative of the Paiute Indian Tribe of Utah who resides in Utah selected by
the Paiute Indian Tribe of Utah Tribal Council;
(h) a representative of the Northwestern Band of the Shoshone Nation who resides in
Utah selected by the Northwestern Band of the Shoshone Nation Tribal Council;
(i) a representative of the Confederated Tribes of the Goshute who resides in Utah
selected by the Confederated Tribes of the Goshute Reservation Tribal Council;
(j) a representative of the Skull Valley Band of Goshute Indians who resides in Utah
selected by the Skull Valley Band of Goshute Indian Tribal Executive Committee;
(k) a representative of the Ute Mountain Ute Tribe who resides in Utah selected by the
Ute Mountain Ute Tribal Council;
(l) a representative of the San Juan Southern Paiute Tribe who resides in Utah selected
by the San Juan Southern Paiute Tribal Council; and
(m) an appointee from the governor.
(2) Unless otherwise determined by the State Board of Education, the superintendent
shall chair the commission.
(3) (a) The superintendent shall call meetings of the commission.
(b) Eight members of the commission constitute a quorum of the commission.
(c) The action of a majority of the commission at a meeting when a quorum is present
constitutes action of the commission.
(4) If a vacancy occurs in the membership for any reason, the replacement shall be
appointed in the same manner of the original appointment for the vacant position.
(5) The commission may adopt procedures or requirements for:
(a) voting, when there is a tie of the commission members; and
(b) the frequency of meetings.
(6) (a) A member of the commission may not receive compensation or benefits for the
member's service, but may receive per diem and travel expenses in accordance with:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(b) Compensation and expenses of a participant who is a legislator are governed by
Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
(7) The staff of the State Board of Education shall staff the commission.
(8) The commission shall be dissolved on December 31, 2015.
Section 6. Section 
53A-31-203
 is enacted to read:
 53A-31-203.
Duties of the commission.
(1) The commission shall develop a proposed state plan to be presented to the Native
American Legislative Liaison Committee to address the educational achievement gap of the
American Indian and Alaskan Native students in the state.
(2) The proposed state plan shall:
(a) identify the most critical academic needs of Utah's American Indian and Alaskan
Native students;
(b) recommend a course of action to meet the identified needs;
(c) be based on, and include, a summary of the best available evidence and most recent
data;
(d) focus on specific actions;
(e) identify existing programs and resources;
(f) prioritize more efficient and better use of existing programs and resources to meet
the needs of American Indian and Alaskan Native students;
(g) include ongoing reporting to the Native American Legislative Liaison Committee;
(h) include a plan to hire, retain, and promote highly qualified teachers as quickly as
feasible; and
(i) add a process for sharing data with tribal education leaders.
(3) The commission shall present the proposed state plan developed under Subsection
(1) to the Native American Legislative Liaison Committee by no later than October 31, 2015.
Section 7. Section 
53A-31-301
 is enacted to read:
Part 3. State Plan
 53A-31-301.
Adoption of state plan.
(1) After receipt of the proposed state plan from the commission in accordance with
Section 
53A-31-203
, the Native American Legislative Liaison Committee may review the
proposed state plan and make changes to the proposed state plan that the Native American
Legislative Liaison Committee considers beneficial to addressing the educational achievement
gap of the state's American Indian and Alaskan Native students.
(2) (a) The Native American Legislative Liaison Committee shall submit the proposed
state plan as modified by the Native American Legislative Liaison Committee to the Utah State
Board of Education.
(b) The Utah State Board of Education shall, by majority vote, within 60 days after
receipt of the state plan under Subsection (2)(a), adopt, modify, or reject the state plan. If the
Utah State Board of Education does not act within 60 days after receipt of the state plan, the
state plan is considered adopted by the Utah State Board of Education.
(3) The Native American Legislative Liaison Committee may prepare legislation to
implement the state plan adopted under this section.
Section 8. Section 
53A-31-302
 is enacted to read:
 53A-31-302.
Changes to state plan.
(1) The Native American Legislative Liaison Committee may recommend to the Utah
State Board of Education changes to the state plan adopted under Section 
53A-31-301
 to
ensure that the state plan continues to meet the academic needs of the state's American Indian
and Alaskan Native students.
(2) The Native American Legislative Liaison Committee may recommend to the
superintendent that the commission be reconstituted for an 18-month period if the Native
American Legislative Liaison Committee determines that a substantial review of the state plan
is necessary. If reconstituted under this Subsection (2), the commission shall comply with the
requirements of Part 2, Liaison and Commission.
Section 9. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.