Legislative Session: Week Three Update

This week’s summary is prepared by Dave Buhler, Utah System of Higher Education associate commissioner for public affairs.

This is the third weekly report for 2011 on the legislative session from the perspective of the Utah System of Higher Education, for distribution to regents, presidents, and trustees.

2011-2012 Budget. The Higher Education Appropriations Subcommittee met on Tuesday [Feb. 8, 2011] and Thursday [Feb. 10, 2011] and heard presentations from President Wyatt (Snow College) and President Benson (Southern Utah University). The committee also heard a presentation on the program approval process and the 2020 plan from Commissioner Sederburg. Associate Commissioner Buhler gave a presentation on the New Century and Regents’ Scholarships and on the UtahFutures.org website; Steve Hess provided a presentation on the use of technology. Regent Bob Marquardt also had an opportunity to present an employers’ perspective on the importance of a wide range of college degrees.

The subcommittee is scheduled to conclude its meetings on Monday, at which time they will prioritize their recommendations for restoration of part or all of the 7 percent base budget cuts in the event funds are made available, as expected. Updated revenue estimates will be announced by the Legislature this week. (The meeting is Monday [Feb. 14, 2011] from 8 a.m. to 9:50 a.m. in Room 210 of the Senate (East) building, and is streamed live on the Internet.)

Chair David Jordan, along with State Board of Education Chair Roberts, assisted with a presentation to the Public Education Appropriations Subcommittee on the recommendations of the Governor’s Commission on Educational Excellence.

Capital Budget. The Infrastructure Subcommittee is expected to vote on its priorities on Tuesday [Feb. 15, 2011]. At this point it is not known whether any capital projects will be funded.

Key Legislation of Interest to USHE

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 as approved by the Board of Regents in December [2010] (contingent of state funding). It passed the Senate Second Reading on Thursday [Feb. 10, 2011] 22-2, and is now being held on the Senate Third Reading Table until funding becomes available.
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. It is on the House 3rd Reading Calendar and will likely be considered this week.
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. No action has yet been taken.
HB 206, Special Group License Plate Amendments, by Rep. Wayne Harper, as amended raises the threshold for special license plate before they can be issued. These special plates benefit college and university alumni associations among other groups. It previously passed the House (52-21) and is on the Senate 2nd Reading Calendar.
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. No action has yet been taken.
HB 485, Higher Education Tenure,** by Rep. Chris Herrod, prohibits USHE institutions from offering tenure-track positions after July 1, 2011, and from granting tenure to anyone who was not already on a tenure-track prior to July 1. No action has been taken.
SB 46, Higher Education Residency Requirements, by Sen. Margaret Dayton, as amended by the Senate, 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. Previously passed the Senate (27-0) and passed the House on Wednesday [Feb. 9, 2011] 69-0. The bill now goes to the governor.
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. It was approved by the Senate Education Committee on Wednesday [Feb. 9, 2011] 4-0 and now goes to the full Senate.
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. The Senate Education Committee approved (5-0) on Thursday with amendments we worked out with Sen. Urquhart. An amendment by Sen. Howard Stephenson to require new and very detailed reporting was discussed but not voted on and may be introduced on the floor of the Senate. We will be working with the sponsor and Sen. Stephenson to address this issue. The bill may be considered by the full Senate this week.
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. It passed the House on Wednesday [Feb. 9, 2011] (69-0) having previously passed the Senate (25-0). It now goes to the governor.
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. It is expected it will be considered by the Senate this week.
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.
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. 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 remains held (circled) on the Senate floor.