2011 Utah Legislative Session Underway

Throughout the legislative session, Neil Abercrombie, Utah State University’s director of government relations, will provide updates on the important business of the past week.

Below is his first submission.

The 59th General Session of the Utah State Legislature swung into action Monday, Jan. 24, leading off with talks of budget reductions, debates of the proposed Utah State vet program, while also providing an opportunity for USU undergrads to present research.

Budget cuts dominated early discussions with the appropriations subcommittees responding to direction from the Executive Appropriations Committee to cut base budgets for FY2012 (July 1, 2011 –June 30, 2012) by 7 to 10 percent. The slow economic recovery and the opposition to tax increases mean budget cuts will likely be inevitable this session. However, the extent of potential cuts for higher education will not be determined until late in the session. Despite these difficult discussions, the first week also provided two highlights for Utah State University.

Wednesday (January 26) – Undergraduate “Research on Capitol Hill”

Undergraduate students from the state’s two research schools, the University of Utah and Utah State University, presented their projects Wednesday at the Utah State Capitol. Thirty-eight USU students filled the Capitol Rotunda and spent the morning talking to legislators from across the state about their innovative research.This year marked the 10th anniversary of USU and the U of U presenting undergraduate research on Capitol Hill. Lt. Gov. Bell celebrated the anniversary with Utah’s research institutions and presented USU faculty and students with a proclamation from the governor. Additionally, Senators Lyle Hillyard and Ross Romero recognized the students with a commendation read on the Senate floor. This event is an important demonstration of USU’s commitment to research

HB 57, Joint Professional School of Veterinary Medicine (Rep Mathis) – Passes the House 

House Bill 57 establishes a joint doctoral of veterinary medicine (DVM) program between Utah State University and Washington State University, as approved by the Board of Regents in December 2010. The House Natural Resources and Agriculture Committee on Tuesday [Jan. 25] unanimously (12-0) voted the bill out of committee. The bill passed the House floor Friday [Jan. 28], with a favorable vote of 48-23. A strong coalition of representatives from across the state support the bill. These representatives recognize both the need to provide greater access to Utah students to pursue graduate work in veterinary science. Additionally, veterinarian employment opportunities continue to grow, in Utah and across the country. In the future, graduates of this program will fill much needed jobs. HB57 is a priority bill for USU this session and represents more than a year of hard work by both USU and Washington State University to create this program. HB57 now advances to the Senate where it will be soon assigned to a committee for a hearing. The bill requires an on-going state appropriation of $1.7 million. This fiscal note may result in the Senate holding the bill until the final days of the session to ensure there is adequate funding to approve the bill. Here are several articles mentioning the HB57:

Deseret News – January 28

Salt Lake Tribune – January 28

Herald Journal – January 28

FY 2012 Budget

For the first time since 2008, state revenues have grown, but not enough to entirely replace the one-time money appropriated a year ago to fund ongoing programs. When he presented his budget in December, Gov. Gary Herbert proposed a phased elimination of this structural imbalance by using some money from the state’s Rainy Day Fund and a one-time infusion of cash that would be created by collecting business taxes quarterly.  Forty-eight states already collect business taxes this way. 

By using these two sources, Gov. Herbert proposed a balanced budget without cutting base budgets, including for Higher Education, and also recommend partial enrollment growth for K-12 Public Education and a few other modest increases. As the session opens, the Legislature has other ideas, preferring to address the entire structural imbalance in a single year through budget cuts. 

The Higher Education Appropriations Subcommittee, now co-chaired by Sen. Steve Urquhart and Rep. Mike Morley (with Rep. Jack Draxler as House Vice Chair), met twice this past week to  following up on the pre-session meetings they held on January 11 and 19. The purpose of each meeting was to follow the direction of the Executive Appropriations Committee to cut the on-going base budget by 7 percent. USU President Stan Albrecht addressed the committee on January 19. President Albrecht, along with President Holland (UVU), President Nadauld (Dixie), and Commissioner Sederberg (Utah Board of Regents) all made the case that taking away critical state support for higher education threatens both students access to and the quality of these important institutions. 

More cuts this session would be particularly harmful considering the 12 percent cut in state support since 2008 juxtaposed with USU’s ever-increasing enrollments and costs. The subcommittee entertained options presented by legislative staff of up to a 10 percent cut that impacted institutions differently. On Thursday (Jan. 27), the subcommittee voted to recommend a proportional 7 percent cut to all institutions and voiced confidence in presidents to manage exactly where cuts will be made. A 7 percent cut to USU translates to an $11.1 million dollar loss for USU’s FY12 budget. While Utah State University and the Board of Regents do not support cuts, we did support the way the subcommittee voted they be implemented.

The second week of the session will begin with the Executive Appropriations Committee hearing subcommittee reports on Monday evening (Jan. 31), and then advancing base budget bills (one for each subcommittee — something that has not been done before in memory) this week. Legislative leaders are quick to point out the hope that once new revenue estimates are released in mid-February, if they are favorable, base budgets may be augmented. The current budget discussions are not final and will continue to be debated until the final day of the session.

Capital Facilities

The Infrastructure Subcommittee (replacing the Capital Facilities Subcommittee) considered eliminating funding for one year to the Capital Improvement Fund or cutting it 7 percent. At week’s end it appears they will keep its funding level by using one-time money from other accounts within the Division of Facilities Construction and Management. Board of Regents Associate Commissioner Greg Stauffer will present this week on the Regents’ updated capital facilities process on behalf of the Utah System of Higher Education to the Capital Development Prioritization (or “CDP”). The Subcommittee has also invited two institutions to present this week — the University of Utah regarding its infrastructure request and Weber State University regarding its proposed new classroom building on the Davis Campus — both Regent priorities. 

While USU will not present at the upcoming CDP we are still pursuing funding for three USU buildings recognized as top five capital facility priorities by the Board of Regents:

• USU Business Building Addition and Remodel ($40 million)
• USU Fine Arts Complex Addition and Remodel ($20.3 million)
• USU-CEU Fine Arts Building ($22 million)

Other issues key to the Utah System of Higher Education (USHE) and USU this session include:

• HB 119, Nonresident Tuition Waiver Amendments, by Rep. Carl Wimmer, repeals the law that qualifies students who attended and graduated from a Utah high school for resident tuition regardless of their immigration status. This would affect approximately 600 students at USHE institutions. No action has yet been taken.
• HB 206, Special Group License Plate Amendments, by Rep. Wayne Harper, requires at least 1,000 applications per year for each type of special license plate before they can be issued. This high threshold may eliminate special plates that currently benefit college and university alumni associations. Approved by the Transportation Committee on Tuesday, currently being held (“circled”) on the House floor.
• SB 46, Higher Education Residency Requirements, by Sen. Margaret Dayton, broadens current law by enabling a dependent of an active duty member of the U.S. military to prove residency for tuition by providing documentation other than the students’ Utah income tax filings. Approved by the Senate Education Committee on Thursday, after some amendments which tightened the other requirements, and now goes to the full Senate.
• SB 97, Higher Education Mission Based Funding*, by Sen. Steve Urquhart, as introduced the bill would implement the recommendations of the USHE Mission Based Funding Task Force to provide a way for new appropriations to institutions based on both enrollment growth and strategic initiatives as identified by Regent priorities and Presidents. The bill was discussed by the Senate Education Committee on Monday, and at the sponsor’s request, held there for further consideration.
• SB107, Higher Education Success Stipend*, by Sen. Wayne Niederhauser, revamps and replaces Utah’s need-based financial aid program “UCOPE” with Success Stipends.  The program will continue to be administered as a block grant to institutions for distribution to Pell-eligible students. Approved by the Senate Education Committee on Monday and by the full Senate on Thursday 25-0. The bill now goes to the House Education Committee.
• SJR 1, State Board of Education Authority, by Sen. Chris Buttars, is a proposed state constitutional amendment that would insert the words “as provided by statute” to the State Board of Education’s authority over K-12 education. It passed the Senate Education Committee Wednesday 3-2, and is currently being held (circled) on the Senate floor.
• SJR 9, Governance of Public and Higher Education, by Sen. Stuart Reid, is a proposed state constitutional amendment that would eliminate the State Board of Education from the Constitution and vest governance of both public and higher education in the Governor as provided by statute. Since the State Board of Regents and Boards of Trustees are already statutory and appointed by the governor, its enactment would not immediately impact current higher education governance. It is currently being held on the Senate floor.

* USHE has taken an official position in support; ** USHE has taken an official position in opposition.

To learn more about the Legislature and specific bills, visit its website. Lists of state senators and representatives, by district, can be found online. You may also contact Neil Abercrombie, director of government relations, with any questions at neil.abercrombie@usu.edu.