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Minutes for SB424 - Committee on Education
Short Title
Establishing the office of education inspector general.
Minutes Content for Wed, Mar 21, 2018
Chairperson Baumgardner called for possible final action on SB424. The Chairperson noted that the Legislative Post Audit (LPA) memo on this bill had been passed out. (Attachment 4)
Senator Sykes noted that there were three LPA education audits in 2017, four education audits in 2016 and five in 2015.
Senator Alley moved, Senator Fitzgerald seconded to recommend SB424 favorably for passage.
Senator Alley introduced a balloon amendment to change, on page two, line two, the time frame from two years to five years, and on line 43, to add that any information requested by the Education Inspector General should be provided within 30 days, and on the last page, concerning filing cause of action if evidence warrants such action. (Attachment 5)
Senator Alley moved, Senator Fitzgerald seconded to add the balloon amendments to SB424.
Senator Bollier asked what a cause of action would be. Senator Alley responded with an example that inappropriate appropriations would be a cause of action. Revisor Lawrence answered that if a possible criminal act had occurred that the evidence would be turned over to the Attorney General, and this amendment would direct the Attorney General to file a cause of action against the state employee responsible if it were found that the law had been violated.
Senator Pettey asked about 30 days addition and asked if that implied if a school district or the State Board of Education did not provide information within 30 days, could that presume to be a cause of action. Mrs. Lawrence responded that if the State Treasurer found that if the evidence warranted there could be a filing of a cause of action. Senator Pettey asked if not getting back in a timely manner, i.e. the 30 days, would be considered breaking the law. Mrs. Lawrence responded that technically that would be considered breaking the law.
Senator Bollier asked to divide the question and divide the balloon amendments.
Senator Alley moved, Senator Fitzgerald seconded to adopt the proposed first balloon amendment, to change within two years to five years on page two, line two, of SB424. Division was called on a vote of 7 for, 4 against, with Senators Sykes, Petty, Hensley, and Givens recorded as voting no. The motion passed.
Senator Alley moved, Senator Fitzgerald seconded to adopt the proposed second balloon amendment, to change on line 43, to add that any information requested by Education Inspector General should be provided within 30 days to SB424. Division was called. On a vote of 6 for and 5 against, with Senators Givens, Taylor, Pettey, Hensley, and Bollier recorded as voting no. The motion passed.
Senator Alley moved, Senator Fitzgerald seconded to adopt the proposed third balloon amendment on page four of SB424, concerning filing cause of action if evidence warrants such action. Division was called. On a vote of 5 for and 6 against, with Senators Hensley, Bollier, Givens, Pettey, Sykes and Taylor recorded as voting no. The motion failed.
Senator Fitzgerald offered a balloon amendment adding that the State Board of Education be responsive. (Attachment 6)
Senator Taylor asked for clarification on why this is added. Senator Fitzgerald responded that this was a suggestion from the Office of Revisor of Statutes.
Senator Fitzgerald moved, Senator Alley seconded to adopt the proposed balloon amendment to SB424 regarding the State Board of Education. Division was called. On a vote of 6 for and 5 against, with Senators Hensley, Bollier, Givens, Petty and Sykes recorded as voting no. The motion passed.
Back on the bill. Senator Alley moved, Senator Estes seconded to recommend SB424 as amended, favorably for passage. Division was called. On a vote of 5 for and 6 against, with Senators Estes, Fitzgerald, Baumgardner, Alley, and Pyle voting in favor and Senators Hensley, Bollier, Givens, Pettey, Sykes and Taylor voting against. The motion failed.
Senator Pyle asked whether the information the Committee had requested regarding the Board of Education had been received. Chairperson Baumgardner replied that it had not.
Chairperson Baumgardner adjourned the meeting.
