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Legislative Update Reports

The Utah State Legislative Session begins on Tuesday, January 17, 2023 and will run through Friday, March 3, 2023. We hope you continue to check this site for updates and SLCC activities happening throughout the session. Check out links to weekly updates, useful information and resources.

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It is early in the 2023 General Session, and the focus and activity center primarily around the Higher Education Appropriations Subcommittee (HEAS) hearings.

In its first hearing, HEAS reviewed presentations on the Board's strategic plan, System enrollment and completion, institutional roles and missions, Custom Fit, performance funding, and capital development.

HEAS also heard the Board's 2023-34 Budget Request. Below are the details regarding this request:

  • Compensation and mandatory increases on par with state entities
    • Including funding spread exceptions for fee-supported staff and potential tuition freeze exceptions
  • Technical education institution priorities
    • $10,019,600 for technical program growth and capacity
    • $3,000,000 for technical education equipment
    • $500,000 for Custom Fit
  • Degree-granting institution priorities
    • $40,000,000 for performance funding institutional priorities
    • $3,000,000 for degree-granting equipment
    • $3,941,000 for growth funding
  • Systemwide priorities
    • $2,400,000 for cybersecurity
    • $2,025,000 ($1,675,000 OG & $350,000 1x) for student mental health
    • $975,000 for student wellness resource navigators
    • $850,000 for technical education in degree-granting administration

Operations and maintenance for state-funded buildings approved in the 2022 General Session

Legislation of Interest

Higher Education Amendments (bill not yet numbered) by Sen. Millner - Amends various aspects of higher education governance, including Board of Higher Education membership, board authorities and responsibilities, and technical amendments.

HB 109 - Veteran Dependent Tuition Amendments by Rep. Musselman - Provides the conditions under which a state institution of higher education is required to waive undergraduate tuition for the dependent of a disabled veteran.

HB 197 - Higher Education Financial Amendments by Rep. Ballard - Allows a president of a state institution of higher education to waive tuition for students who are members of certain tribes; extends the length of eligibility for promise grants; allows the Utah Board of Higher Education to name a promise partner grant after a business that has funded the grant; extends promise partner grants to dependents of promise partner employees; allows Veterans Tuition Gap Program funds to be applied to education-related supplies and housing allowances.

HB 203 - Inmate Education Amendments by Rep. Ballard - Directs the Higher Education and Corrections Council to facilitate postsecondary education for inmates housed in county jails; directs the Utah Board of Higher Education to assign student success advisors to correctional facilities; removes a provision requiring an inmate to pay 50% of tuition at the time of enrollment; requires an institution of higher education to consider an inmate a state resident for tuition purposes; directs the Department of Corrections to:

  • provide an inmate with certain education during the time the inmate's case action plan is being developed;
  • require an education plan for each inmate's case action plan; and
  • house inmates participating in postsecondary certificate or degree programs in common residential units; requires a correctional facility to inform an individual sending money to an inmate that a process exists for the
    individual to review the inmate's financial records.

Higher Education Appropriations Subcommittee 

The Higher Education Appropriations Subcommittee (HEAS) continued its meetings this week and heard presentations from several USHE institutions. The response from HEAS committee members has been overwhelmingly positive, particularly with the institutions’ willingness to openly confront the challenges they are facing, as well as celebrating their successes. The remainder of the institutions will give their presentations in upcoming meetings. 

The subcommittee also heard updates from the Commissioner and his staff on USHE’s Talent Ready Utahsimplified admissions, state scholarships, transition to credit, and USHE student mental health and well-being. While we received very encouraging feedback on all these presentations, HEAS committee members reiterated their support for a common application and simplified admissions. They were particularly impressed with the breadth of the System’s efforts around student mental health.

 

Legislation of Interest

 

SB 146 – Higher Education Amendments by Sen. Millner — removes an exception for public employment of a relative under certain circumstances; creates, within the University of Utah, the Office of the Commissioner of the Utah System of Higher Education and the Utah Board of Higher Education for the purposes of shared administrative services; amends the duties of the Commissioner and various aspects of the Board, including membership and duties, nominating and appointment process; repeals requirements regarding the establishment of certain committees; amends provisions regarding the employment, support, and evaluation of institution of higher education presidents; amends provisions regarding the approval of programs; requires the Board to engage in certain program and discipline reviews; amends provisions regarding the set aside and reallocation of new performance funding; repeals obsolete provisions regarding past requirements.

 

SB 43 – Public Notice Requirements by Sen. Pitcher — Proposed tuition increases Notice Hearings If an institution within the State System of Higher Education considers increasing tuition rates for undergraduate students in the process of preparing or implementing its budget, it shall hold a meeting to receive public input and response on the issue. The institution shall advertise the hearing, as required, using the following procedure: The institution shall advertise its intent to consider an increase in student tuition.

 

SB 128 – Public Safety Officer Scholarship Program by Sen. Ipson — Creates a public safety officer scholarship program for high school graduates.

 

 

HB 102 – Higher Education Residency Amendments by Rep. Teuscher — Amends higher education residency provisions by requiring an institution to grant residency status to an individual who is not a citizen of the U.S. but has been granted or has applied for certain immigration status.

 

HB 234 – University Recognition for International Baccalaureate Achievement by Rep. Spackman — Amends the Board's requirement for acceptance of credit for prior learning; requires institutions to award credit for International subject scores under certain circumstances; allows institutions, in collaboration with the International Baccalaureate State Association and school International Baccalaureate program coordinators, to determine to what degree requirements the credit will be awarded; requires the Board to consult with the International Baccalaureate State Association and school International Baccalaureate program coordinators to develop policies regarding standards for awarding International Baccalaureate program credits.

 

HB 278 – First Responder Mental Health Services Grant by Rep. Wilcox — Creates the First Responder Mental Health Services Grant Program to be administered by the Utah Board of Higher Education to provide grants for specific retirees who are studying at certain educational institutions to become mental health therapists.

 

HB 109 – Veteran Dependent Tuition Amendments by Rep. Musselman — Provides the conditions under which a state institution of higher education is required to waive undergraduate tuition for the dependent of a disabled veteran. 

 

HB 197 – Higher Education Financial Amendments by Rep. Ballard — Allows a president of a state institution of higher education to waive tuition for students who are members of certain tribes; extends the length of eligibility for promise grants; allows the Utah Board of Higher Education to name a promise partner grant after a business that has funded the grant; extends promise partner grants to dependents of promise partner employees; allows Veterans Tuition Gap Program funds to be applied to education-related supplies and housing allowances.

 

HB 203 – Inmate Education Amendments by Rep. Ballard — Directs the Higher Education and Corrections Council to facilitate postsecondary education for inmates housed in county jails; directs the Utah Board of Higher Education to assign student success advisors to correctional facilities; removes a provision requiring an inmate to pay 50% of tuition at the time of enrollment; requires an institution of higher education to consider an inmate a state resident for tuition purposes; directs the Department of Corrections to:

·     provide an inmate with certain education during the time the inmate's case action plan is being developed;

·     require an education plan for each inmate's case action plan; and

·     house inmates participating in postsecondary certificate or degree programs in common residential units; requires a correctional facility to inform an individual sending money to an inmate that a process exists for the individual to review the inmate's financial records."

 

SB 47 – Incarcerated Youth Education Amendments by Sen. Owens — Clarifies a definition related to the Utah Tech University Higher Education for Incarcerated Youth Program.

 

HB 21 – Open and Public Meetings Act Amendments by Rep. Briscoe — Amendments require a public body holding an open meeting to allow a reasonable opportunity for the public to provide verbal comment at the meeting, with certain exceptions, and require a public body to adopt a resolution, rule, or ordinance allowing public comment in a public meeting.

This week, Governor Cox signed HB 1, Higher Education Base Budget. HB 1 appropriates ($5,393,200) in operating and capital budgets for fiscal year 2023. The bill also appropriates $2,453,187,000 in operating and capital budgets for fiscal year 2024. 

Higher Education Appropriations Subcommittee

The subcommittee heard updates from the Commissioner and his staff on USHE pathways, and USHE technical colleges also presented on the technical education accreditation process

In the remaining meetings, the subcommittee will prioritize USHE budget priorities along with several other requests for state appropriations and advance those to the Executive Appropriations Committee for further review as the Legislature works to formulate a new budget for FY24. 

Infrastructure and General Government Appropriation Subcommittee

This week, the Infrastructure and General Government Appropriation Subcommittee also met and heard requests for buildings/renovations from each USHE college. The Commissioner and his staff also presented on SB 102 (2019) with dedicated and non-dedicated project requests from the System.

Below is a link to the SLCC request: 

 

Legislation of Interest

 

SB 146 – Higher Education Amendments by Sen. Millner — removes an exception for public employment of a relative under certain circumstances; creates, within the University of Utah, the Office of the Commissioner of the Utah System of Higher Education and the Utah Board of Higher Education for the purposes of shared administrative services; amends the duties of the Commissioner and various aspects of the Board, including membership and duties, nominating and appointment process; repeals requirements regarding the establishment of certain committees; amends provisions regarding the employment, support, and evaluation of institution of higher education presidents; amends provisions regarding the approval of programs; requires the Board to engage in certain program and discipline reviews; amends provisions regarding the set aside and reallocation of new performance funding; repeals obsolete provisions regarding past requirements.

 

SB 128 – Public Safety Officer Scholarship Program by Sen. Ipson — Creates a public safety officer scholarship program for high school graduates.

 

HB 102 – Higher Education Residency Amendments by Rep. Teuscher — Amends higher education residency provisions by requiring an institution to grant residency status to an individual who is not a citizen of the U.S. but has been granted or has applied for certain immigration status.

 

HB 234 – University Recognition for International Baccalaureate Achievement by Rep. Spackman — Amends the Board's requirement for acceptance of credit for prior learning; requires institutions to award credit for International subject scores under certain circumstances; allows institutions, in collaboration with the International Baccalaureate State Association and school International Baccalaureate program coordinators, to determine to what degree requirements the credit will be awarded; requires the Board to consult with the International Baccalaureate State Association and school International Baccalaureate program coordinators to develop policies regarding standards for awarding International Baccalaureate program credits.

 

HB 295 – Educator License Amendments by Rep. Thurston — Allows individuals who complete certain educator training programs, without receiving a bachelor's degree, to obtain an educator license from the State Board of Education; requires the State Board of Education to establish licensing standards for educator training programs.

 

HB 109 – Veteran Dependent Tuition Amendments by Rep. Musselman — Provides the conditions under which a state institution of higher education is required to waive undergraduate tuition for the dependent of a disabled veteran. 

 

HB 197 – Higher Education Financial Amendments by Rep. Ballard — Allows a president of a state institution of higher education to waive tuition for students who are members of certain tribes; extends the length of eligibility for promise grants; allows the Utah Board of Higher Education to name a promise partner grant after a business that has funded the grant; extends promise partner grants to dependents of promise partner employees; allows Veterans Tuition Gap Program funds to be applied to education-related supplies and housing allowances.

 

HB 203 – Inmate Education Amendments by Rep. Ballard — Directs the Higher Education and Corrections Council to facilitate postsecondary education for inmates housed in county jails; directs the Utah Board of Higher Education to assign student success advisors to correctional facilities; removes a provision requiring an inmate to pay 50% of tuition at the time of enrollment; requires an institution of higher education to consider an inmate a state resident for tuition purposes; directs the Department of Corrections to:

  • provide an inmate with certain education during the time the inmate's case action plan is being developed;
  • require an education plan for each inmate's case action plan; and
  • house inmates participating in postsecondary certificate or degree programs in common residential units; requires a correctional facility to inform an individual sending money to an inmate that a process exists for the individual to review the inmate's financial records."

 

SB 47 – Incarcerated Youth Education Amendments by Sen. Owens — Clarifies a definition related to the Utah Tech University Higher Education for Incarcerated Youth Program.

 

SB 18 – Public Expression Protection Act by Sen. Bramble — applies to a cause of action asserted in a civil action against a person based on the person's: communication in a legislative, executive, judicial, administrative, or other governmental proceeding; communication on an issue under consideration or review in a legislative, executive, judicial, administrative, or other governmental proceeding; or exercise of the right of freedom of speech or of the press, the right to assemble or petition, or the right of association, guaranteed by the United States Constitution or Utah Constitution, on a matter of public concern.

HB 21 – Open and Public Meetings Act Amendments by Rep. Briscoe — Amendments require a public body holding an open meeting to allow a reasonable opportunity for the public to provide verbal comment at the meeting, with certain exceptions, and require a public body to adopt a resolution, rule, or ordinance allowing public comment in a public meeting.

 

HB 241 – Labor Union Amendments by Rep. Teuscher — Prohibits a public employer from deducting union dues from a public employee's wages, except in certain circumstances; prohibits using public money or public property to assist, promote, or deter union organizing or administration; prohibits a public employer from compensating a public employee for union activities; requires a labor organization to provide the number of members in the labor organization upon request of a public employer.

 

HB 294 – Governmental Entity Budget Transparency by Rep. Abbott — For each agency, the budget officer shall include in the tentative budget with the following information for each fund for which a budget is required:

(A) the total budget amount for the current fiscal year ending June 30; (B) the total proposed budget amount for the upcoming fiscal year, beginning July 1; and (C) the percentage difference between the amount described in Subsection (2)(b)(xii)(A) and the amount described in Subsection (2)(b)(xii)(B).

 

SB 96 – Fiduciary Duty Modifications by Sen. Wilson — Requires a person who manages or invests funds on behalf of a governmental entity or votes on an ownership share in a governmental entity to consider only certain factors; creates a rebuttable presumption that a person did not comply with the requirement to consider only certain factors under certain circumstances; addresses proxy voting requirements within a governmental entity; and requires a governmental entity to compile and publicly provide proxy voting reports.

 

SB 97 – Public Contract Requirements by Sen. Wilson — Subject to exceptions, prohibits a public entity from entering into a contract with a company that engages in certain environmental boycott actions.

 

HB 19 – Rape Crisis Modifications by Rep. Romero — Amends definitions relating to rape crisis centers and sexual assault counselors. Edited, in part, to state that "Rape crisis and services center does not include a qualified institutional victim services provider as defined in Section 53B-28-201."

 

HB 42 – Technology Commercialization Amendments by Rep. Stenquist — Establishes the Utah Innovation Lab (innovation lab). Qualified business means, in part, a business entity that is established to commercialize a technology, product, or service developed through a technology commercialization program at an institution of higher education described in Section 53B-1-102. The Utah innovation fund shall, subject to board approval, make qualified investments. The board of directors will include, in part, one individual who represents technology commercialization initiatives within the Utah System of Higher Education, appointed by the Commissioner of Higher Education, or the individual's designee.

 

HB 87 – Youth Sport Safety Amendments by Rep. Ballard — Requires an amateur sports organization (this includes public or private sports camps) to hold an informational meeting regarding warning signs of cardiac arrest or sudden cardiac arrest before the beginning of an athletic season; requires a participant in an athletic activity and the participant's parent to sign an acknowledgment of receipt of information on the warning signs of cardiac arrest or sudden cardiac arrest. A coach, athletic director, or athletic trainer acting in good faith under this section is not liable for any action or inaction unless the coach, athletic director, or athletic trainer acts in a grossly negligent or reckless manner. 

 

HB 318 – Prime Pilot Programs Amendment by Rep. Petersen — Changes the PRIME Pilot Program to an ongoing program; clarifies the types of courses required for a student to earn the LAUNCH certificate, DISCOVER breadth certificate, or TRANSFORM general education certificate; requires the Utah Board of Higher Education to award a scholarship to a student who earns the TRANSFORM general education certificate; requires the state board to create a funding formula for LEAs that participate in the program

 

HB 335 – Alternative Concurrent Enrollment Options for Capacity Flexibility by Rep. Wilcox — Provides that a local education agency (LEA) may contract with a nondesignated institution of higher education to provide concurrent enrollment courses under certain circumstances.

 

HB 343 – Records Modifications by Rep. Moss — In part, modifies the duties and training of a records officer; requires the appointment of one or more privacy officers for an executive branch agency to fulfill certain duties relating to the agency's records; requires the appointment of one or more security officers for an executive branch agency to assess, coordinate, and manage cybersecurity for the agency; modifies individual rights with respect to records that may be classified as private or controlled or that may contain personal identifying information; changes the title of the "government operations privacy officer" to the "chief privacy officer."

 

SB 127 – Cybersecurity Amendments by Sen. Harper — A governmental entity shall contact the Utah Cyber Center as soon as practicable when the governmental entity becomes aware of a breach of system security. The Utah Cyber Center shall provide the governmental entity with assistance in responding to the breach of system security.

 

SB 145 – Higher Education for Incarcerated Youth Program Amendments by Sen. Riebe — Amends the Incarcerated Youth Program to include youth held in detention and makes technical and conforming changes.

 

Higher Education Appropriations Subcommittee 

The Higher Education Appropriations Subcommittee (HEAS) wrapped up its meetings on Wednesday, Feb. 8 and submitted its list of priority budget requests (page 3) to the Executive Appropriations Committee on Friday, Feb. 10. Each systemwide budget priority of the Utah Board of Higher Education (approved in Sept. 2022) was forwarded to the Executive Appropriations Committee as a combined request with the number one ranking in priority

The subcommittee heard updates from the Commissioner and his staff in its final meetings on Higher Education in Corrections Facilities, the NCHEMS Community College Study, and a request for funding to expand Utah’s College Access Advising program to rural parts of the state. 

To view all HEAS agenda items and presentations from this session, see: https://le.utah.gov/committee/committee.jsp?year=2023&com=APPHED. 

 

Legislation of Interest

 

HB 386 – Clinical Health Care Provider Grant Amendments by Rep. Maloy — Creates a grant program, administered by UMEC, to establish new clinical experience opportunities for healthcare students in a private or public institute of higher education.

 

HB 394 – Grant Funding for Supplemental Educational Opportunities by Rep. Peterson — Establishes and provides funding for the Boost Up Supplemental Grant Program (program); provides requirements for program eligibility and the use of program funds; requires the State Board of Education (state board) to: administer the program, including facilitating payment to program service providers; create an online platform to facilitate program services; and annually report to the Public Education Appropriations Subcommittee regarding the program. The board may appoint an institution of higher education as a service provider.

 

SB 146 – Higher Education Amendments by Sen. Millner — removes an exception for public employment of a relative under certain circumstances; creates, within the University of Utah, the Office of the Commissioner of the Utah System of Higher Education and the Utah Board of Higher Education for the purposes of shared administrative services; amends the duties of the Commissioner and various aspects of the Board, including membership and duties, nominating and appointment process; repeals requirements regarding the establishment of certain committees; amends provisions regarding the employment, support, and evaluation of institution of higher education presidents; amends provisions regarding the approval of programs; requires the Board to engage in certain program and discipline reviews; amends provisions regarding the set aside and reallocation of new performance funding; repeals obsolete provisions regarding past requirements.

 

SB 43 – Public Notice Requirements by Sen. Pitcher — Proposed tuition increases Notice Hearings If an institution within the State System of Higher Education considers increasing tuition rates for undergraduate students in the process of preparing or implementing its budget, it shall hold a meeting to receive public input and response on the issue. The institution shall advertise the hearing, as required, using the following procedure: The institution shall advertise its intent to consider an increase in student tuition.

 

SB 128 – Public Safety Officer Scholarship Program by Sen. Ipson — Creates a public safety officer scholarship program for high school graduates.

 

HB 102 – Higher Education Residency Amendments by Rep. Teuscher — Amends higher education residency provisions by requiring an institution to grant residency status to an individual who is not a citizen of the U.S. but has been granted or has applied for certain immigration status.

 

HB 234 – University Recognition for International Baccalaureate Achievement by Rep. Spackman — Amends the Board's requirement for acceptance of credit for prior learning; requires institutions to award credit for International subject scores under certain circumstances; allows institutions, in collaboration with the International Baccalaureate State Association and school International Baccalaureate program coordinators, to determine to what degree requirements the credit will be awarded; requires the Board to consult with the International Baccalaureate State Association and school International Baccalaureate program coordinators to develop policies regarding standards for awarding International Baccalaureate program credits.

 

HB 295 – Educator License Amendments by Rep. Thurston — Allows individuals who complete certain educator training programs, without receiving a bachelor's degree, to obtain an educator license from the State Board of Education; requires the State Board of Education to establish licensing standards for educator training programs.

 

HB 109 – Veteran Dependent Tuition Amendments by Rep. Musselman — Provides the conditions under which a state institution of higher education is required to waive undergraduate tuition for the dependent of a disabled veteran. 

 

HB 197 – Higher Education Financial Amendments by Rep. Ballard — Allows a president of a state institution of higher education to waive tuition for students who are members of certain tribes; extends the length of eligibility for promise grants; allows the Utah Board of Higher Education to name a promise partner grant after a business that has funded the grant; extends promise partner grants to dependents of promise partner employees; allows Veterans Tuition Gap Program funds to be applied to education-related supplies and housing allowances.

 

HB 203 – Inmate Education Amendments by Rep. Ballard — Directs the Higher Education and Corrections Council to facilitate postsecondary education for inmates housed in county jails; directs the Utah Board of Higher Education to assign student success advisors to correctional facilities; removes a provision requiring an inmate to pay 50% of tuition at the time of enrollment; requires an institution of higher education to consider an inmate a state resident for tuition purposes; directs the Department of Corrections to:

·     provide an inmate with certain education during the time the inmate's case action plan is being developed;

·     require an education plan for each inmate's case action plan; and

·     house inmates participating in postsecondary certificate or degree programs in common residential units; requires a correctional facility to inform an individual sending money to an inmate that a process exists for the individual to review the inmate's financial records."

 

HB 21 – Open and Public Meetings Act Amendments by Rep. Briscoe — Amendments require a public body holding an open meeting to allow a reasonable opportunity for the public to provide verbal comment at the meeting, with certain exceptions, and require a public body to adopt a resolution, rule, or ordinance allowing public comment in a public meeting.

 

HB 318 – Prime Pilot Programs Amendment by Rep. Petersen — Changes the PRIME Pilot Program to an ongoing program; clarifies the types of courses required for a student to earn the LAUNCH certificate, DISCOVER breadth certificate, or TRANSFORM general education certificate; requires the Utah Board of Higher Education to award a scholarship to a student who earns the TRANSFORM general education certificate; requires the state board to create a funding formula for LEAs that participate in the program.

 

HB 335 – Alternative Concurrent Enrollment Options for Capacity Flexibility by Rep. Wilcox — Provides that a local education agency (LEA) may contract with a non-designated institution of higher education to provide concurrent enrollment courses under certain circumstances.

 

SB 168 – State Agency Capital Development Fund by Sen. Buxton — An institution may not submit plans or specifications to the Division of Facilities Construction and Management for the construction or alteration of buildings, structures, or facilities or for the purchases of equipment or fixtures for the structure without the authorization of the board.

Governor Cox signed three more bills this week. SB 146, Higher Education Amendments, passed out of the House Committee. The House will likely pass it in the next few days and send it to the Governor for signature. 

This week, Utah Board of Higher Education members and other higher ed leaders hosted Higher Ed Day on the Hill and were able to share more about the System and its 16 institutions with legislators. 

 

Legislation of Interest

 

HB 21 – Open and Public Meetings Act Amendments by Rep. Briscoe — Amendments require a public body holding an open meeting to allow a reasonable opportunity for the public to provide verbal comment at the meeting, with certain exceptions, and require a public body to adopt a resolution, rule, or ordinance allowing public comment in a public meeting.

 

HB 109 – Veteran Dependent Tuition Amendments by Rep. Musselman — Provides the conditions under which a state institution of higher education is required to waive undergraduate tuition for the dependent of a disabled veteran. 

 

HB 197 – Higher Education Financial Amendments by Rep. Clancy — Allows a president of a state institution of higher education to waive tuition for students who are members of certain tribes; extends the length of eligibility for promise grants; allows the Utah Board of Higher Education to name a promise partner grant after a business that has funded the grant; extends promise partner grants to dependents of promise partner employees; allows Veterans Tuition Gap Program funds to be applied to education-related supplies and housing allowances.

 

HB 203 – Inmate Education Amendments by Rep. Ballard — Directs the Higher Education and Corrections Council to facilitate postsecondary education for inmates housed in county jails; directs the Utah Board of Higher Education to assign student success advisors to correctional facilities; removes a provision requiring an inmate to pay 50% of tuition at the time of enrollment; requires an institution of higher education to consider an inmate a state resident for tuition purposes; directs the Department of Corrections to:

·     provide an inmate with certain education during the time the inmate's case action plan is being developed;

·     require an education plan for each inmate's case action plan; and

·     house inmates participating in postsecondary certificate or degree programs in common residential units; requires a correctional facility to inform an individual sending money to an inmate that a process exists for the individual to review the inmate's financial records."

 

HB 234 – University Recognition for International Baccalaureate Achievement by Rep. Spackman — Amends the Board's requirement for acceptance of credit for prior learning; requires institutions to award credit for International subject scores under certain circumstances; allows institutions, in collaboration with the International Baccalaureate State Association and school International Baccalaureate program coordinators, to determine to what degree requirements the credit will be awarded; requires the Board to consult with the International Baccalaureate State Association and school International Baccalaureate program coordinators to develop policies regarding standards for awarding International Baccalaureate program credits.

 

HB 318 – Prime Pilot Programs Amendment by Rep. Petersen — Changes the PRIME Pilot Program to an ongoing program; clarifies the types of courses required for a student to earn the LAUNCH certificate, DISCOVER breadth certificate, or TRANSFORM general education certificate; requires the Utah Board of Higher Education to award a scholarship to a student who earns the TRANSFORM general education certificate; requires the state board to create a funding formula for LEAs that participate in the program.

 

HB 335 – Alternative Concurrent Enrollment Options for Capacity Flexibility by Rep. Wilcox — Provides that a local education agency (LEA) may contract with a non-designated institution of higher education to provide concurrent enrollment courses under certain circumstances.

 

HB 373 – Law Enforcement Training and Recruitment by Rep. Welton — Creates the Law Enforcement Investment Reimbursement Program to reimburse new law enforcement officers for certain education costs. Requires the board to run the grant program.

 

HB 468 – Employment Screening Requirements by Rep. Judkins — Creates and modifies definitions; when hiring a mental health professional, prohibits certain public employers and public employer contractors from: considering certain arrests or criminal convictions; or denying employment based on certain criminal convictions or participation in substance use treatment; when hiring a mental health professional, prohibits a private employer from excluding an applicant from an interview for a juvenile adjudication, certain arrests, or an expunged criminal offense; modifies the Office of Licensing's (office) background and screening processes for an individual applying to work in a program with direct access to a child or vulnerable adult; exempts certain individuals employed by the Department of Health and Human Services from the office's background and screening processes; requires the office to conduct a comprehensive review of an applicant's background check if the applicant is applying to work in a program as a peer support provider or mental health professional; requires the office to deny an applicant's application upon certain background check findings; provides administrative rulemaking authority.

 

SB 43 – Public Notice Requirements by Sen. Pitcher — Proposed tuition increases Notice Hearings If an institution within the State System of Higher Education considers increasing tuition rates for undergraduate students in the process of preparing or implementing its budget, it shall hold a meeting to receive public input and response on the issue. The institution shall advertise the hearing, as required, using the following procedure: The institution shall advertise its intent to consider an increase in student tuition.

 

SB 128 – Public Safety Officer Scholarship Program by Sen. Ipson — Creates a public safety officer scholarship program for high school graduates.

 

SB 136 – Legislative Office Amendments by Sen. Bramble — When requested by the Office of the Legislative Auditor General, each entity that the legislative auditor general is authorized to audit under Utah Constitution shall, notwithstanding any other provision of law, provide the office with immediate access to information, materials, or resources the office determines is necessary to conduct an audit, examination, investigation, or review.

 

SB 145 – Higher Education for Incarcerated Youth Program Amendments by Sen. Riebe — Amends the Incarcerated Youth Program to include youth held in detention and makes technical and conforming changes.

 

SB 146 – Higher Education Amendments by Sen. Millner — removes an exception for public employment of a relative under certain circumstances; creates, within the University of Utah, the Office of the Commissioner of the Utah System of Higher Education and the Utah Board of Higher Education for the purposes of shared administrative services; amends the duties of the Commissioner and various aspects of the Board, including membership and duties, nominating and appointment process; repeals requirements regarding the establishment of certain committees; amends provisions regarding the employment, support, and evaluation of institution of higher education presidents; amends provisions regarding the approval of programs; requires the Board to engage in certain program and discipline reviews; amends provisions regarding the set aside and reallocation of new performance funding; repeals obsolete provisions regarding past requirements.

 

SB 194 – Higher Education Funding Amendments by Sen. Vickers — Authorizes certain public and private entities to provide money to the Higher Education Student Success Endowment; creates the Utah Higher Education Savings Board of Trustees to act as fiduciary for the Utah Education Savings Plan; allows the board to hold a closed meeting to discuss certain fiduciary or commercial information.

 

SB 231 – Government Records Access and Management Act by Sen. Bramble — Provides that a governmental entity is not required to create a document indicating that a requested record does not exist; requires a governmental entity to conduct a reasonable search for a record; requires a person outside of a governmental entity who makes a claim of business confidentiality for a record the person provided to a governmental entity to indemnify the governmental entity in an action arising from the governmental entity's denial of access to the record; provides that a governmental entity's failure to provide access to a record is not an access denial if the failure to provide access is because the governmental entity: does not retain the record; does not retain a record that is responsive to the request; or is not required by the act to respond to or fill the request; limits judicial review of an appeal to the State Records Committee (committee) to the issues raised before the committee.

 

SB 245 – Close Public Meeting Amendments by Sen. Bramble — Includes the consideration of a loan application among the reasons for which a meeting of a public body may be closed, if public discussion of the loan application would disclose certain nonpublic information.

Last week, the Governor’s Office and Utah State Legislature released revised revenue numbers for the 2023-24 fiscal year.

 

For the 2023 General Session, there is an estimated $817 million in one-time and $410 million in ongoing money combined in the General and Income Tax Funds, after accounting for base budget adjustments and set-asides. View the full Monthly State Revenue Snapshot.

 

Legislation of Interest

 

HB 21 – Open and Public Meetings Act Amendments by Rep. Briscoe — Amendments require a public body holding an open meeting to allow a reasonable opportunity for the public to provide verbal comment at the meeting, with certain exceptions, and require a public body to adopt a resolution, rule, or ordinance allowing public comment in a public meeting.

 

HB 67 – Title 71A - Veterans and Military Affairs by Rep. Burton — As it relates to institutions of higher education, makes technical changes for the term "service member."

 

HB 102 – Education Residency Amendments by Rep. Teuscher — Amends higher education residency provisions by requiring an institution to grant residency status to an individual who is not a citizen of the U.S. but has been granted or has applied for certain immigration status.

 

HB 109 – Veteran Dependent Tuition Amendments by Rep. Musselman — Provides the conditions under which a state institution of higher education is required to waive undergraduate tuition for the dependent of a disabled veteran. 

 

 

HB 197 – Higher Education Financial Amendments by Rep. Clancy — Allows a president of a state institution of higher education to waive tuition for students who are members of certain tribes; extends the length of eligibility for promise grants; allows the Utah Board of Higher Education to name a promise partner grant after a business that has funded the grant; extends promise partner grants to dependents of promise partner employees; allows Veterans Tuition Gap Program funds to be applied to education-related supplies and housing allowances.

 

HB 203 – Inmate Education Amendments by Rep. Ballard — Directs the Higher Education and Corrections Council to facilitate postsecondary education for inmates housed in county jails; directs the Utah Board of Higher Education to assign student success advisors to correctional facilities; removes a provision requiring an inmate to pay 50% of tuition at the time of enrollment; requires an institution of higher education to consider an inmate a state resident for tuition purposes; directs the Department of Corrections to:

·     provide an inmate with certain education during the time the inmate's case action plan is being developed;

·     require an education plan for each inmate's case action plan; and

·     house inmates participating in postsecondary certificate or degree programs in common residential units; requires a correctional facility to inform an individual sending money to an inmate that a process exists for the individual to review the inmate's financial records."

 

HB 234 – University Recognition for International Baccalaureate Achievement by Rep. Spackman — Amends the Board's requirement for acceptance of credit for prior learning; requires institutions to award credit for International subject scores under certain circumstances; allows institutions, in collaboration with the International Baccalaureate State Association and school International Baccalaureate program coordinators, to determine to what degree requirements the credit will be awarded; requires the Board to consult with the International Baccalaureate State Association and school International Baccalaureate program coordinators to develop policies regarding standards for awarding International Baccalaureate program credits.

 

HB 238 – Political Party Public Meetings Facilities by Rep. Brammer — Amends the use of public meeting buildings by political parties to include public institutions of higher education.

 

HB 263 – Apprenticeship on Public Works Requirements by Rep. Dailey-Provost — This bill enacts provisions relating to labor provided by an apprentice for a public works project. This bill makes technical and conforming changes and for certain public works projects: requires that a specified amount of labor be performed by an apprentice; establishes other requirements for a contract between a government entity and a contractor relating to labor provided by an apprentice; and provides exceptions to the apprentice labor requirement under certain circumstances.

 

HB 294 – Governmental Entity Budget Transparency by Rep. Abbott — For each agency, the budget officer shall include in the tentative budget with the following information for each fund for which a budget is required: (A) the total budget amount for the current fiscal year ending June 30; (B) the total proposed budget amount for the upcoming fiscal year, beginning July 1; and (C) the percentage difference between the amount described in Subsection (2)(b)(xii)(A) and the amount described in Subsection (2)(b)(xii)(B).

 

HB 295 – Educator License Amendments by Rep. Thurston — Allows individuals who complete certain educator training programs, without receiving a bachelor's degree, to obtain an educator license from the State Board of Education; requires the State Board of Education to establish licensing standards for educator training programs.

 

HB 318 – Prime Pilot Programs Amendment by Rep. Petersen — Changes the PRIME Pilot Program to an ongoing program; clarifies the types of courses required for a student to earn the LAUNCH certificate, DISCOVER breadth certificate, or TRANSFORM general education certificate; requires the Utah Board of Higher Education to award a scholarship to a student who earns the TRANSFORM general education certificate; requires the state board to create a funding formula for LEAs that participate in the program.

 

 

HB 335 – Alternative Concurrent Enrollment Options for Capacity Flexibility by Rep. Wilcox — Provides that a local education agency (LEA) may contract with a non-designated institution of higher education to provide concurrent enrollment courses under certain circumstances.

 

HB 428 – Labor and Military Training Requirement Limitation by Rep. Jimenez — Prohibits, for purposes of employment discrimination and for training or other requirements that compel or require adherence to or belief in certain concepts; clarifies that the prohibition does not prohibit certain objective discussions; provides for severability.

 

HB 451 – State Entity Restrictions by Rep. Hall — Prohibits the use of a prohibited submission in determining employment, admission, or other benefits; creates a limited exception where collecting a prohibited submission is required by federal law; and prohibits the use of certain services.

 

HB 518 – Human Trafficking Prevention Program by Rep. Wilcox — Directs each institution of higher education to contract with a non-profit organization to provide a human trafficking educational program to first-year students; describes the required components of the program; and requires the institution of higher education to pay the cost of the program.

 

HB 552 – Student Right to Counsel by Sen. Teuscher — Enacts Title 53B, Chapter 27, Part 6, Student Legal Representation, including provisions: requiring an institution of higher education to allow certain parties to have legal representation at a disciplinary proceeding; governing the exchange of evidence at a disciplinary proceeding; prohibiting certain conflicts of interest in a disciplinary proceeding; and authorizing a cause of action; and amends applicable governmental immunity provisions.

 

SB 97 – Public Contract Requirements by Sen. Wilson — Subject to exceptions, prohibits a public entity from entering into a contract with a company that engages in certain environmental boycott actions.

 

SB 128 – Public Safety Officer Scholarship Program by Sen. Ipson — Creates a public safety officer scholarship program for high school graduates.

 

SB 136 – Legislative Office Amendments by Sen. Bramble — When requested by the Office of the Legislative Auditor General, each entity that the legislative auditor general is authorized to audit under Utah Constitution shall, notwithstanding any other provision of law, provide the office with immediate access to information, materials, or resources the office determines is necessary to conduct an audit, examination, investigation, or review.

 

SB 145 – Higher Education for Incarcerated Youth Program Amendments by Sen. Riebe — Amends the Incarcerated Youth Program to include youth held in detention and makes technical and conforming changes.

 

SB 146 – Higher Education Amendments by Sen. Millner — removes an exception for public employment of a relative under certain circumstances; creates, within the University of Utah, the Office of the Commissioner of the Utah System of Higher Education and the Utah Board of Higher Education for the purposes of shared administrative services; amends the duties of the Commissioner and various aspects of the Board, including membership and duties, nominating and appointment process; repeals requirements regarding the establishment of certain committees; amends provisions regarding the employment, support, and evaluation of institution of higher education presidents; amends provisions regarding the approval of programs; requires the Board to engage in certain program and discipline reviews; amends provisions regarding the set aside and reallocation of new performance funding; repeals obsolete provisions regarding past requirements.

 

SB 180 – Private Postsecondary Education Modifications by Sen. Bramble — Repeals the Utah Postsecondary School State Authorization Act; repeals, reenacts, and modifies the Utah Postsecondary Proprietary School Act as the Utah Postsecondary School and State Authorization Act; requires a postsecondary school operating in the state to file a registration statement and obtain certain certificates from the Division of Consumer Protection (division); establishes qualifications for a procedure by which a postsecondary school may obtain a registration certificate and state authorization certificate from the division; provides that, under certain circumstances, the division may deny, suspend, or revoke a registration statement, registration certificate, or state authorization certificate; provides procedures to enforce compliance with the provisions of this bill; permits the division to enter into an interstate reciprocity agreement; authorizes the Utah Board of Higher Education to make rules to implement an interstate reciprocity agreement if the agreement includes institutions of higher education; grants the division rulemaking authority.

 

SB 184 – Prescription Cost Amendments by Sen. Bramble — Requires an insurer to calculate any amounts paid on behalf of an individual towards the individual's cost-sharing requirement; requires a pharmacy benefit manager to calculate any amounts paid on behalf of an individual towards the individual's cost-sharing requirement.

 

SB 194 – Higher Education Funding Amendments by Sen. Vickers — Authorizes certain public and private entities to provide money to the Higher Education Student Success Endowment; creates the Utah Higher Education Savings Board of Trustees to act as fiduciary for the Utah Education Savings Plan; allows the board to hold a closed meeting to discuss certain fiduciary or commercial information.

 

SB 265 – Education Data Privacy Amendments by Sen. Anderegg — Prohibits the sharing of certain student data; extends a deadline for the state board regarding data integration with a local education agency (LEA); allows an LEA to request from the State Board of Education the name and address of a student who is not enrolled in the LEA; prohibits an education entity from sharing student data with a federal agency, except as required by federal law.

 

SB 283 – Prohibiting Diversity, Equity, and Inclusion in Higher Education by Sen. Johnson — Defines terms; prohibits the funding or maintenance of diversity, equity, and inclusion offices or officers in the system of higher education; prohibits the expenditure of funds in the upcoming fiscal year until an institution's board of trustees files a report regarding compliance with this bill; allows for certain litigation to compel compliance; and provides for severability.

As the 2023 General Legislative Session comes to a close, a first review of primary appropriations acts reveals nothing short of an outstanding year for higher education funding.

 

Compensation

·     Salary and Benefits: House Bill 8 S1, State Agency and Higher Education Compensation Appropriations, includes funding to support a discretionary 8.75% general salary increase for higher education employees and parity with state employees for health and dental benefit cost increases.

·     Tuition Freeze Offset: In addition, a 12.5% increase in state cost sharing for degree-granting institutions was provided in the final appropriations adjustment bill to help offset the costs of this year’s tuition freeze.

 

Technical Colleges & Degree-Granting Institutions

·     Technical College Growth and Capacity: $10,467,100 in ongoing funding

·     Technical College Equipment: $3,000,000 in one-time funding

·     Technical College Custom Fit: $500,000 in ongoing funding

·     Degree-Granting Institution Performance Funding: $35,000,000 in ongoing funding*

 

Systemwide Highlights

·     Targeted Workforce Development in Computer Science and Healthcare: $9,000,000 in ongoing funding

·     Public Safety Officer Scholarship Program: $5,000,000 in one-time funding

 

 

Salt Lake Community College

·      SLCC Scholarships: $250,000 in ongoing funding

 

 

 

Legislation of Interest

 

HB 8 – State Agency and Higher Education by Rep. Spendlove — Provides funding for a 5% labor market increase for state employees; provides funding for a 3.75% targeted compensation increases for state employees; provides funding for an average 2.5% discretionary pay increases for state employees; provides funding for an 8.75% discretionary compensation increase for higher education employees; provides funding for an average 7.2% increase in health insurance benefits rates and 0.9% increase in dental insurance benefits rates for state and higher education employees; provides funding for discretionary compensation increase for offices of the Legislature, statewide elected officials, and the Judiciary; provides funding for an up-to $26 per pay period 401(k) match for qualifying state employees; and provides funding for other compensation adjustments as authorized.

 

HB 54 – Tax Revisions by Rep. Eliason – Removes the state sales tax on food, lowers the tax on social security, lowers the individual income tax rate and other tax changes. The Companion legislation to HB 54 is SJR 10.

 

HB 102 – Education Residency Amendments by Rep. Teuscher — Amends higher education residency provisions by requiring an institution to grant residency status to an individual who is not a citizen of the U.S. but has been granted or has applied for certain immigration status.

 

HB 234 – University Recognition for International Baccalaureate Achievement by Rep. Spackman — Amends the Board's requirement for acceptance of credit for prior learning; requires institutions to award credit for International subject scores under certain circumstances; allows institutions, in collaboration with the International Baccalaureate State Association and school International Baccalaureate program coordinators, to determine to what degree requirements the credit will be awarded;

HB 238 – Political Party Public Meetings Facilities by Rep. Brammer — Amends the use of public meeting buildings by political parties to include public institutions of higher education.

 

HB 281 – Social Credit Score Amendments by Rep. Acton — Prohibits a governmental entity from using, enforcing, providing data for use in, or otherwise participating in the creation or use of a system that, based on a social credit score, discriminates against, advocates for, or causes adverse or preferential treatment of a person.

 

HB 335 – Alternative Concurrent Enrollment Options for Capacity Flexibility by Rep. Wilcox — Provides that a local education agency (LEA) may contract with a non-designated institution of higher education to provide concurrent enrollment courses under certain circumstances.

 

HB 555 – Talent Ready Utah Program Modifications by Rep. Moss — Provides that a public school student participating in a youth apprenticeship is considered a volunteer government worker for purposes of workers' compensation and risk management; provides that an internship through an institution of higher education or public or private school may be with compensation; provides that an intern participating in an internship through an institution of higher education or public school is considered a volunteer government worker for purposes of workers' compensation and risk management; creates an apprenticeship intermediary position to foster relationships between the Talent Ready Utah Program, local education agencies, and industry partners.

 

 

SB 97 – Public Contract Requirements by Sen. Wilson — Subject to exceptions, prohibits a public entity from entering into a contract with a company that engages in certain environmental boycott actions.

 

SB 128 – Public Safety Officer Scholarship Program by Sen. Ipson — Creates a public safety officer scholarship program for high school graduates.

 

SB 146 – Higher Education Amendments by Sen. Millner — removes an exception for public employment of a relative under certain circumstances; creates, within the University of Utah, the Office of the Commissioner of the Utah System of Higher Education and the Utah Board of Higher Education for the purposes of shared administrative services; amends the duties of the Commissioner and various aspects of the Board, including membership and duties, nominating and appointment process; repeals requirements regarding the establishment of certain committees; amends provisions regarding the employment, support, and evaluation of institution of higher education presidents; amends provisions regarding the approval of programs; requires the Board to engage in certain program and discipline reviews; amends provisions regarding the set aside and reallocation of new performance funding; repeals obsolete provisions regarding past requirements.

 

SB 194 – Higher Education Funding Amendments by Sen. Vickers — Authorizes certain public and private entities to provide money to the Higher Education Student Success Endowment; creates the Utah Higher Education Savings Board of Trustees to act as fiduciary for the Utah Education Savings Plan; allows the board to hold a closed meeting to discuss certain fiduciary or commercial information.

 

SRJ 10 – Proposal to Amend Utah Constitution - Income Tax by Sen. McCay — Removes the following: All revenue from taxes on intangible property or from a tax on income shall be used to support the systems of public education and higher education as defined in

49 Article X, Section 2.

SLCC Legislative Presentations