2011 Utah Legislative Session Update

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 a mid-week update.

Only two weeks of the 2011 Utah Legislative Session are remaining and a lot of decisions are still in flux. Overall, weeks four and five (so far) of the session provide some important developments for USU and higher education.

2011-2012 Budget. The Higher Education Appropriations Subcommittee completed its work on Monday (Feb. 14) by prioritizing the budgets under its jurisdiction in the event more funds become available to replace part or all of the 7 percent cut in the base budget. The subcommittee recommend restoring 4 percent of USHE funding as a 2nd priority and the remaining 3 percent cut in the base budget as its sixth priority. The subcommittee also recommended fully funding the Regents’ and New Century Scholarships ($880,000 needed for 2011-12) in 4th place. And the USU Veterinary School Partnership was recommended 8th on the priority list. Final decisions will now be made by the Executive Appropriations Committee.

On Tuesday (Feb. 22) the state fiscal analysts office released updated state revenue numbers and projections. Tax revenue is up $47 million, bringing the estimated FY2012 revenue up $263 from the previous year. In the final few weeks of the session, the legislature will review all of the proposed $313 million in cuts (in the FY12 budget from FY11) and begin restoring some programs and line items to balance the final budget. The latest revenue increase is a positive sign that Utah’s economy is beginning to recover. However, it is still a minor improvement considering the historic declines in revenue the past two years.

Capital Budget. The Infrastructure Subcommittee prioritized capital projects for state funding last week (Feb. 15). The subcommittee emphasized funding buildings that utilized private funding. Because of the proposed $16 million in private funds for the USU business building, the subcommittee moved the building up its rankings, to fifth overall. This recommendation now goes to executive appropriations. At this point it is not known whether any capital projects will be funded, but there does seem to be growing interest in taking care of at least a few. Right now the legislature is looking at only using one-time funding (not bonding for new revenue) for capital facilities.

HB 485, Higher Education Tenure, by Rep. Chris Herrod. This proposed bill would prohibit USHE institutions from offering tenure-track positions or new tenure after July 1, 2011. HB 485 was presented to the House Education Committee yesterday (Feb 23). USU Provost Raymond Coward testified before the committee, along with University of Utah Provost David Pershing, and USHE Commissioner Bill Sederburg. Provost Coward emphasized the current university process to become tenured, the review process of tenured faculty and the concerns of Utah’s higher education institutions competing with other school nationally as the only state that prohibits tenure. The committee shared many of the same concerns expressed by Provosts Coward, Pershing and Commissioner Sederburg. The committee voted to defeat the bill 9-3.

Aggie Ice Cream Day, ASUSU provided the week four highlight to many on Utah’s Capitol Hill when they arrived last Thursday (Feb, 17) with dozens of coolers filled with Aggie ice cream. ASUSU representatives and the USU student lobbying group spent the afternoon visiting with legislators and delivering ice cream. Even Big Blue spent some time lobbying the halls of the Capitol advocating for USU (in his own way). The USU student representatives were successful meeting with legislators and addressing proposed legislation and budget issues that impacts students.

Other Key Legislation of Interest:

HB 57, Joint Professional School of Veterinary Medicine, by Rep. John Mathis, provides funding for a joint vet medicine program between Utah State University and Washington State University. It is still being held in the Senate pending funding.
HB 75 1S, Dangerous Weapon Amendments, by Rep. Curt Oda, eliminates a 1,000-foot buffer zone around K-12 schools and colleges for carrying weapons but maintains the prohibition of openly carrying a weapon on school grounds and at higher education institutions. Passed the House on Wednesday (Feb. 23), 58-15, and now goes to the Senate.
HB 191, Nonresident Tuition Waiver Amendments, by Rep. Carl Wimmer, repeals the law allowing students who attended and graduated from a Utah high school resident tuition regardless of their immigration status. This would affect approximately 600 students at USHE institutions. It was approved Friday (Feb. 18) by the House Revenue and Taxation Committee by a vote of 10-5, and now goes to the full House, likely to voted on this week.
HB 206, Special Group License Plate Amendments, by Rep. Wayne Harper, as amended raises the threshold for special license plates before they can be issued. It previously passed the House (52-21); the effective date was amended to 2012, and then passed the Senate 28-0.
HB 335, Military Survivors—Tuition Waiver Amendments, by Rep. Michael Morley, removes the residency requirement for a surviving dependent of a member of the Utah National Guard who is killed on active duty to receive a tuition waiver for undergraduate study. Passed House Education Committee on Friday (Feb. 18), 12-0.
SB 46, Higher Education Residency Requirements, by Sen. Margaret Dayton, reaffirms current law and policy to enable a dependent of an active duty member of the U.S. military to obtain residency for tuition by providing a copy of the state of legal residence certificate showing it is Utah. Has passed both houses (Senate 27-0, House 69-0).
SB 69, Sales and Use Tax Exemption for Textbooks for Higher Education, by Sen. Karen Mayne, extends the current sales tax exemption for textbooks to private providers if more than half their sales are for textbooks. Previously approved by the Senate Education Committee (4-0) and is now on the Senate 2nd Reading Calendar.
SB 97, Higher Education Mission Based Funding*, by Sen. Steve Urquhart, as introduced 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. Sen. Stephenson agreed to not pursue his proposed amendment and instead to introduce intent language to address his concerns. A new amendment has been proposed by Sen. John Valentine that re-emphasizes growth funding for institutions with lower than average per student funding. We are evaluating this new development. The bill is circled (being held) on the Senate 2nd Reading Calendar and could be considered as early as Tuesday (March 1).
SB107, Higher Education Success Stipend*, by Sen. Wayne Niederhauser, revamps and replaces Utah’s need-based financial aid program “UCOPE” with Success Stipends. Has passed both houses (Senate 25-0, House 69-0).
SB 145, Utah Educational Savings Plan Amendments*, sponsored by Sen. Wayne Niederhauser, makes some statutory modifications to help the plan continue to be nationally competitive. Passed the Senate on Wednesday (Feb. 23) 25-0, and will now be considered by the House Government Operations Committee.
SB 210, Utah Postsecondary Proprietary School Act Amendments, by Sen. Curt Bramble, provides additional authority to the Utah Department of Commerce to implement new regulations by the U.S. Department of Education relating to proprietary colleges. It does not impact USHE institutions. Introduced and will be considered this week by the Senate Education Committee.
SCR 11, Dixie State College Concurrent Resolution, by Sen. Steve Urquhart, recognizes the centennial of Dixie State College and expresses support for its eventual mission change to become a regional state university as per the Regents’ 2020 strategic plan. Approved by the Senate Education Committee on Monday (Feb. 21), 4-1 and is now on the Senate 2nd Reading Calendar.
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 remains 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. It remains held (circled) on the Senate floor.

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

This update was prepared by Neil Abercrombie, USU director of government relations, and Dave Buhler, associate commissioner at USHE. 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 with any questions at neil.abercrombie@usu.edu.