Legislative Session: Week Two Update

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

This is the second 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.

2011-12 Budget.  The Higher Education Appropriations Subcommittee presented its recommended base budget (including across the board 7 percent cuts) to the Executive Appropriations Committee on Monday [Jan. 31, 2011].  By Wednesday [February 2, 2011], the Higher Education Base Budget (SB 7 1S) had passed both houses (21-7 in the Senate, and 53-16 in the House). The Subcommittee met twice, on Monday and Thursday. On Thursday [Feb.3] the Subcommittee heard presentations from Presidents Bioteau (SLCC), Young (UofU), and Millner (WSU). Presidents Wyatt and Benson are scheduled to present next week. The subcommittee has also scheduled presentations next week on the Regents’ program approval and discontinuance processes, the HigherEd Utah 2020 plan, the future of IT in Higher Education and on the New Century and Regents’ Scholarships.

The subcommittee is scheduled to meet on Tuesday, February 8, and Thursday, February 10, both at 8 to 9:50 a.m., in room 210 of the Senate building (east building, above the cafeteria).  The meetings are open to the public and may be heard live on the Internet (at “le.utah.gov” under Higher Education Appropriations Subcommittee). Regents are always welcome to attend.

The final meeting of the Subcommittee is scheduled for Monday, February 14. At that time it is expected they will vote on priorities for “backfilling” the base-budget to replace part or all of the 7 percent cut, based on available revenues as determined by the Executive Appropriations Committee. Updated revenue estimates are expected in mid-February. These estimates will undoubtedly play a role in the final level of funding approved by the Legislature.

Capital Budget. The Infrastructure Subcommittee heard presentations from Associate Commissioner Greg Stauffer on the Regents’ Capital Development Prioritization process (or “CDP”), President Young in behalf of the University of Utah on their infrastructure request and President Millner in behalf of Weber State University on its proposed new classroom building on their Davis Campus — both Regent priorities. The subcommittee will prioritize its recommendations in the next couple of weeks.

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 (contingent of state funding). It passed the House a week ago (48-23) and this past week it was approved by the Senate Natural Resources and Agriculture Committee. It now goes to the full Senate where it will likely be held until or unless funding is identified.

• 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 passed the House Law Enforcement Committee on Friday 5-4 and now goes to the House.
• 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, originally required 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 which now benefit college and university alumni associations if they do not have sufficient volume. In the Senate Transportation Committee the bill was amended to reduce the threshold to 500. It passed the House on Monday (52-21) and Senate committee on Thursday 3-1. It is on the Senate 2nd Reading Calendar.
• 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. With this amendment it passed the Senate on Tuesday (27-0) and the House Education Committee on Thursday.  It now goes to the House floor.
• 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. We are working with the sponsor on an amendment he desires to distinguish between moderate enrollment growth and higher growth institutions. Once the amendment is finalized it will receive further consideration by the Senate Education Committee, possibly 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 Senate last week (25-0) and by the House Education Committee on Thursday, 11-0, and now goes to the full House.
• 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. Approved by the Senate Education Committee on Thursday 3-1, and now goes to the Senate floor for votes this week.
• 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.

For further information on the Utah Legislature the website (see http//le.utah.gov).

* 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, USU’s director of government relations, with any questions at neil.abercrombie@usu.edu.