2010 Legislature - January 25 - March 11

 

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2010 Utah Legislature home page

 

This just in...

USU Vice President for Federal and State Relations, Michael J. Kennedy, is preparing a weekly update of this legislative session. Posted below are the updates as they occur:

 

Governor Herbert's FY 2011 Budget Recommendations & FY 2010 Supplementals

 

FY 2011 Legislative Reports Regarding Utah State University

 

ALL Legislative Fiscal Analyst Issue Papers

 

All HIGHER EDUCATION Budget Briefs, Issue Papers and Reports by the Legislative Fiscal Analysts

 

Committees Important to Higher Education

 

Higher Ed. Appropriations Subcommittee Schedules and Information

 

2010 Active House & Senate Bills affecting USU

Bill

Title / Sponsor / Status

General Description

Highlighted Provisions
HB #2 Fiscal Year 2010 and Fiscal Year 2011 Supplemental Appropriations

 

Ron Bigelow

 

Enrolled		 This bill supplements or reduces appropriations previously provided for the use and support of state government for the fiscal years beginning July 1, 2009 and ending June 30, 2010 and beginning July 1, 2010 and ending June 30, 2011. This bill: . provides appropriations for the use and support of certain state agencies; . provides appropriations for the use and support of certain institutions of higher education; . provides appropriations for other purposes as described; . provides intent language; . approves employment levels for internal service funds; . approves capital acquisition amounts for internal service funds; . authorizes rates and fees.
HB #3 Appropriations Adjustments

 

Ron Bigelow

 

Enrolled		 This bill supplements or reduces appropriations previously provided for the use and support of state government for the fiscal years beginning July 1, 2009 and ending June 30, 2010 and beginning July 1, 2010 and ending June 30, 2011. This bill: . provides budget increases and decreases for the use and support of certain state agencies; . provides budget increases and decreases for the use and support of certain institutions of higher education; . provides funds for the bills with fiscal impact passed in the 2010 General Session; . provides budget increases and decreases for other purposes as described; . approves capital acquisition amounts for internal service funds; . authorizes rates and fees; . provides intent language.
HB #114s Disclosure of Donations to Higher Education Institutions

 

Carl Wimmer

 

Enrolled		 This bill requires higher education institutions to disclose certain gifts. This bill: . defines terms; . requires a higher education institution to disclose to the Board of Regents certain gifts received from a foreign person; and . provides the method of disclosure.
HB #134 Education Donation Tax Credit

 

Evan J. Vickers

 

Introduced		 This bill creates a nonrefundable tax credit for certain contributions to public education and higher education institutions. This bill: . creates a nonrefundable tax credit for certain contributions made to an institution of higher education or entity within the state system of public education; . provides that the tax credit is subject to apportionment for a nonresident or part-year resident individual or a nonresident estate or trust; . establishes administration procedures; . grants rulemaking authority to the State Board of Education and the State Board of Regents; and . makes technical changes.
HB #138 Hazing Penalties

 

Carol Spackman Moss

 

Enrolled		 This bill amends provisions of the Utah Criminal Code related to hazing. This bill: . provides a penalty for a charge of hazing when an alcoholic product, drug, or other substance is involved; and . makes technical changes.
HB #194 Grants for Math Teacher Training

 

Bradley G. Last

 

Introduced		 This bill appropriates money for math teacher training programs. This bill: . appropriates money to the State Board of Education to award grants to institutions of higher education or nonprofit education organizations for math teacher training programs; . specifies the qualifications of individuals eligible to receive the training; and . requires the State Board of Education to make rules establishing criteria for awarding grants for math teacher training programs.
HB #367 Guardianship Residency Requirements

 

Laura Black

 

Introduced		 This bill amends the Utah Uniform Probate Code relating to the court appointment of a minor's guardian. This bill: . requires an individual seeking guardianship to provide evidence relating to the minor's school attendance and intention of becoming a permanent state resident; . requires a court to: . deny guardianship in certain circumstances; and . conduct an evidentiary hearing in certain circumstances; . permits a school district to object to the appointment of a guardian and conduct discovery in certain circumstances; and . makes technical changes.
HB #370s Capital Project Amendments

 

Stephen D. Clark

 

Enrolled		 This bill amends capital development provisions. This bill: . requires the State Building Board to establish rules to govern the disposition of real property and define certain capital improvement projects; . defines terms; . provides that certain capital development projects may not be designed without legislative approval; . provides that certain capital development projects may be constructed without legislative approval; . provides when certain changes in the scope of a previously approved capital development project require legislative approval; . addresses an agency's use of existing funds to design new capital development projects and reimbursement for design expenses; . addresses an agency's ability to program new capital development projects and seek reimbursement for programming expenses; . provides for legislative approval of certain capital leases; . allows the State Building Board to approve the use of funding for design costs of a capital improvement project; . allows the State Building Board to use capital improvement funds for statewide purposes; . provides that legislative approval is not required for acquisitions below the capital improvement approval threshold for a new facility; . addresses the necessary notifications and approvals for disposals of real property; . allows the director of the Division of Facilities Construction and Management to resolve certain boundary disputes; . addresses the director's supervision of capital improvement projects; . addresses the director's expenditure of monies in the Planning Fund; . eliminates the need for the governor's budget submission to provide an analysis of lease-purchase arrangements; . provides that certain minimum funding requirements are not required to be met for fiscal year 2010-11; and . makes technical changes.
HB #425s Budgetary Procedures Act - Fee Amendments

 

Ron Bigelow

 

Enrolled		 This bill modifies provisions of the Budgetary Procedures Act that address fees. This bill: . provides definitions; . makes technical and organizational modifications; . exempts financially self-supporting higher education business entities from the fee requirements of the Budgetary Procedures Act; . clarifies that a fee agency may not create, change, or collect a fee that has not been established according to the requirements of the fee provisions of the act; . clarifies that each fee agency shall submit its fee schedule and special assessment amounts to the Legislature for approval on an annual basis; . exempts financial processing fees that are charged or assessed by a non-governmental third party from the requirement that fees be pre-approved by the Legislature; . modifies procedures that are required for fee changes; and . makes technical changes.
HB #428 Nonresident Tuition Amendments

 

Richard A. Greenwood

 

Introduced		 This bill repeals an exemption from the nonresident portion of total tuition within the State System of Higher Education. This bill: . repeals the provision that, if allowed under federal law, a student, other than a nonimmigrant alien, is exempt from the nonresident portion of total tuition if the student: . attended high school in this state for three or more years; and . graduated from a high school or received its equivalent in this state; and . makes technical corrections.
SB #1 State Agency and Higher Education Base Budget

 

Lyle W. Hillyard

 

Enrolled 		This bill appropriates funds for the support and operation of state government for the fiscal year beginning July 1, 2010 and ending June 30, 2011 This bill: . provides appropriations for the use and support of certain state agencies; . provides appropriations for the use and support of certain institutions of higher education; . provides appropriations for other purposes as described; . approves employment levels for internal service funds; . approves capital acquisition amounts for internal service funds.
SB #3s Current Fiscal Year Supplemental Appropriations

 

Lyle W. Hillyard

 

Enrolled 		This bill supplements or reduces appropriations previously provided for the use and operation of state government for the fiscal year beginning July 1, 2009 and ending June 30, 2010. This bill: . provides budget increases and decreases for the use and support of certain state agencies; . provides budget increases and decreases for the use and support of certain institutions of higher education; . provides budget increases and decreases for other purposes as described.
SB #35 Capital Facilities Bonds Amendments

 

Wayne L. Niederhauser

 

Introduced		 This bill modifies the terms for issuing general obligation bonds for a capital facility project. This bill: . modifies existing language and dollar amounts on authorized costs and authorization caps to comply with current language and funding practices; . removes the prerequisites for issuing and selling general obligation bonds for the Utah State University Agricultural Science Classroom Building capital facility project; and . makes technical changes.
SB #42 Retirement Eligibility Modifications

 

Daniel R. Liljenquist

 

Introduced		 This bill modifies the Utah State Retirement and Insurance Benefit Act by amending the years of service credit needed for retirement eligibility and allowance reductions for certain members. This bill: . provides, through a graduated scale, a zero to five year increase in the number of years of service credit a member must accrue to retire at any age based on years of service credit accrued on July 1, 2011 from the current: . 30 years to 35 years in the Public Employees' Contributory and Noncontributory Retirement Systems; and . 20 years to 25 years in the Public Safety Contributory and Noncontributory and the Firefighters Retirement Systems; . provides that, in the Public Employees' Contributory and Noncontributory Retirement Systems, if a retiree is less than 65 years of age and has not accrued the years of service credit needed to retire at any age, the allowance is reduced by the full actuarial amount instead of 3% for each year of retirement from age 60 to age 65; and . makes technical changes.
SB #43s03 Post-retirement Employment Amendments

 

Daniel R. Liljenquist

 

Enrolled		 This bill modifies the Utah State Retirement and Insurance Benefit Act by amending provisions related to a retiree who returns to work for a participating employer, and the restrictions on the maximum retirement allowance certain employees can accrue. This bill: . defines certain terms; . repeals a requirement that a participating employer who hires a retiree contribute the same percentage of a retiree's salary that the participating employer would have been required to contribute if the retiree were an active member of the retirement system; . provides that a participating employer who hires a retiree before July 1, 2010 may not contribute an amount that exceeds the normal cost rate to a qualified defined contribution plan; provides that a retiree from the Utah State Retirement System who initially returns to work with a participating employer on or after July 1, 2010, is returned to active member status to earn additional service credit but: . the retiree's allowance is cancelled; and . the employer's retirement contribution is made to the retirement system on behalf of the retiree for additional service credit; . provides exceptions to the allowance cancellation for reemployed retirees who initially return to work with a participating employer on or after July 1, 2010, if the retirees' reemployment status: . is seasonal, temporary, or part-time and the employment does not exceed 750 hours of work per calendar year; and . does not begin sooner than six months after the retirement date, if the reemployment is with the same agency; . repeals the maximum allowance that a member may receive for a member who initially retires on or after July 1, 2010, in the following systems: . the Public Safety Contributory Retirement System; . the Public Safety Noncontributory Retirement System; . the Firefighters' Retirement System; . the Judges' Contributory Retirement System; and . the Judges' Noncontributory Retirement System; . prevents the Commissioner of Public Safety, an elected or appointed sheriff, or a chief of police from retiring in place on or after July 1, 2010; and . makes technical changes.
SB #52s02 State Board of Regents Amendments

 

Dennis E. Stowell

 

Enrolled		 This bill modifies provisions related to appointments to the State Board of Regents. This bill: . requires the governor to appoint at least two members who do not reside within a metropolitan statistical area to the Board of Regents; . provides for transition provisions; and . makes technical changes.
SB #55 Authorization of Charter Schools by Higher Education Institutions

 

J. Stuart Adams

 

Enrolled		 This bill allows a board of trustees of a higher education institution to authorize the establishment and operation of a charter school and specifies the responsibilities of a board of trustees that authorizes a charter school. This bill: . defines terms; . subject to approval by the State Board of Education, allows a board of trustees of a higher education institution to enter into an agreement with certain individuals or entities to establish and operate a charter school; . allows a fee to be charged for a board of trustees' costs of providing oversight and technical support to a charter school; . specifies procedures for applying for authorization of a charter school by a board of trustees of a higher education institution; . specifies the responsibilities of a board of trustees of a higher education institution that authorizes a charter school; and . makes technical amendments.
SB #69s College of Eastern Utah Affiliation with Utah State University

 

David P. Hinkins

 

Enrolled		 This bill establishes Utah State University-College of Eastern Utah as a comprehensive regional college of Utah State University. This bill: . allows a comprehensive regional college to participate in the Public Employees' Benefit and Insurance Program's risk pools; . changes the name of the College of Eastern Utah to Utah State University-College of Eastern Utah and establishes it as a comprehensive regional college of Utah State University, and includes provisions for: . campus locations; . a chancellor; . a regional advisory council; and . legal succession; and . makes technical changes.
SB #94 Supplemental Benefit Amendments for Noncontributory Public Employees

 

Daniel R. Liljenquist

 

Amended		 This bill modifies the Public Employees' Noncontributory Retirement Act by amending provisions related to the supplemental defined contribution for certain employees. This bill: . removes for employees that began full-time employment with the state or its educational institutions on or after July 1, 1986, the requirement that 1.5% of salary be paid into the 401(k) account of state and educational institution employees in the Public Employees' Noncontributory Retirement System; . requires a participating employer to determine whether an employee is eligible to receive the 1.5% of salary nonelective contribution; . provides a maximum 12 month look-back period to correct errors in the nonelective contribution; and . makes technical changes.
SB #132 Higher Education Scholarship Amendments

 

John L. Valentine

 

Enrolled		 This bill makes adjustments to the New Century scholarship and the Regents' scholarship. This bill: . changes the day on which requirements must be completed for a New Century scholarship; . requires additional grade point average or test score requirements for New Century scholarship applicants; . provides transition provisions for certain changes; . requires a scholarship holder to enroll full-time at an institution by the fall term immediately following graduation; . gives the State Board of Regents authority to impose application deadlines and other administrative procedures for the scholarships; . provides that a student may not receive both a New Century scholarship and a Regents' scholarship; and . makes technical changes.
SB #171 Higher Education Retirement Amendments

 

Daniel R. Liljenquist

 

Enrolled		 This bill modifies the Utah State Retirement and Insurance Benefit Act by amending participation provisions for higher education employees. This bill: . allows a higher education employee hired on or after May 11, 2010, who has service credit in the Public Employees' Contributory Retirement System and the Public Employees' Noncontributory Retirement System, to elect to continue participation in that system regardless of the institution's employment classification assignment; . provides a one-time irrevocable election until June 30, 2010, to a regular full-time employee of an institution of higher education to transfer to a Public Employees' Retirement System; . provides for certain rulemaking by the board; and . makes technical changes.