updated 1/30/2012

 

2012 Legislature - January 23 - March 8

 

Legislative Summaries and Highlights

2012 Utah Legislature home page

 

This just in...

 

Governor Herbert's FY 2013 Budget Recommendations & FY 2012 Supplementals, and Other Information

 

FY 2012 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 (click the "related links" link)

 

Committees Important to Higher Education

 

Higher Ed. Appropriations Subcommittee Schedules and Information

 

2012 Active House & Senate Bills affecting USU

Bill

Title / Sponsor / Status

General Description

Highlighted Provisions

HB #4 Higher Education Base Budget

 

Michael T. Morley

 

Enrolled
This bill appropriates funds for the support and operation of higher education for the fiscal year beginning July 1, 2012 and ending June 30, 2013. This bill: . provides appropriations for the use and support of higher education agencies and institutions; . provides appropriations for the use and support of the Utah Education Network; . provides appropriations for the use and support of the Utah Medical Education Council; . provides appropriations for other purposes as described.
HB #12 Corrections Education Amendments

 

Bill Wright

 

Draft of Enrolled Bill Prepared
This bill modifies provisions addressing the education of persons in the custody of the Utah Department of Corrections. This bill: . removes the State Board of Regents' responsibility for the education of persons in the custody of the Utah Department of Corrections; . provides that the State Office of Education and Utah Department of Corrections shall collaborate with the State Board of Regents and other entities in preparing and implementing a recidivism reduction plan; . requires the Utah Department of Corrections to report on the impact of corrections education programs on recidivism; and . makes technical amendments.
HB #19s1 State Issued Identification Numbers

 

Wayne A. Harper

 

Draft of Enrolled Bill Prepared
This bill amends the General Government Title. This bill: . enacts the "State Issued Identification Number Act"; . defines terms; . exempts the State Tax Commission; and . requires a government entity to phase out the use of a nine digit number as an identifying number for an individual if: . the government entity can phase out the use of the number under existing appropriations; or . the government entity is re-designing its information technology system and can phase out the nine digit number.
HB #49s1 Firearms Revisions

 

Paul Ray

 

Substitute
This bill deals with provisions related to the possession of a firearm or dangerous weapon. This bill: This bill: . provides that in the absence of additional threatening behavior, the otherwise lawful possession of a firearm or dangerous weapon, whether visible or concealed, may not be considered a violation of certain municipal ordinances; . provides that governmental entities may not enact, maintain, or enforce firearm or dangerous weapon laws, ordinances, rules, or regulations without explicit authority granted by the Legislature; . provides that where authority has been granted to a governmental entity by the Legislature to regulate firearms or other dangerous weapons, any law, ordinance, rule, regulation, code of conduct, or contractual obligation based on that grant shall reference the grant and detail the conduct that is limited or prohibited pursuant to the grant; and . voids any firearm or dangerous weapon law, ordinance, rule, regulation, code of conduct, or contractual obligation that does not reference the applicable legislative grant of authority and detail the conduct that is limited or prohibited pursuant to the grant.
HB #53s1 Utah Education Network Amendments

 

Ronda Rudd Menlove

 

Enrolled
This bill modifies the governance of the Utah Education Network (UEN). This bill: . creates the Utah Education Network Board, which is the governing board for UEN; . specifies the membership of the Utah Education Network Board; . specifies the power and duties of the Utah Education Network Board which include: . hiring an executive director for UEN; . establishing policy for the operation of UEN and the administration of UEN's duties; and . advising UEN in the development of a telecommunications system to deliver educational services and the acquisition and distribution of instructional content; and . makes technical amendments.
HB #65 College and Career Counseling for High School Students

 

Patrice M. Arent

 

Introduced
This bill creates a pilot program in which grants are awarded to implement college and career counseling. This bill: . creates the College and Career Counseling Pilot Program to increase the number of students pursuing post-secondary education and better prepare students for post-secondary education; . provides that money appropriated to the State Board of Education for the pilot program shall be used to: . award grants to local education agencies that have administrative control and direction for public education (LEAs) or consortiums of LEAs to employ interns who are candidates for a master's degree in guidance counseling to provide college and career counseling; and . provide training for the employed interns; . directs the State Board of Education to make rules and report to the Education Interim Committee; and . repeals the College and Career Counseling Pilot Program on July 1, 2015.
HB #94a Government Competition with Private Enterprise

 

Johnny Anderson

 

Amended
This bill amends and enacts provisions relating to a government entity engaging in commercial activity. This bill: . defines terms; . requires a government entity to conduct a study and contact private enterprise before engaging in certain commercial activity; . requires the Privatization Policy Board to hold a public meeting and issue an advisory opinion about a government entity's proposed commercial activity; . grants a private enterprise a private right of action to compel compliance with requirements of the part; . addresses attorney fees and court costs; and . makes technical changes.
HB #123 Education Savings Accounts

 

John Dougall

 

Introduced
This bill modifies funding for public and higher education. This bill: This bill: . restricts certain funding programs within the Minimum School Program to students in kindergarten through grade 8; . creates an education savings account for a student enrolled in grades 9 through 12; . directs the Legislature to annually establish, and provide an appropriation for, a per pupil allocation to be deposited in an education savings account; . requires the withholding of a portion of money a school district is otherwise eligible to receive under Title 53A, Chapter 17a, Minimum School Program Act, for the school district's local contribution towards high school students' education savings accounts; . provides that money in an education savings account may be used for: . course fees for courses provided by a school district or charter school; . course fees for online courses offered through the Statewide Online Education Program; . course fees for courses provided by an institution within the state system of higher education or certain private, nonprofit higher education institutions in Utah; . course fees for courses provided by certain entities under contract with the State Board of Education or State Board of Regents; and . other fees required as a condition of student participation in an activity, class, or program; . imposes a limitation on course fees; and . makes technical amendments.
HB #124 In-state Tuition for Veterans

 

Curtis Oda

 

Introduced
This bill allows certain military personnel to pay resident tuition at public higher education institutions under certain conditions. This bill: . provides that reserve members of the United States Armed Forces assigned to Utah are considered residents for tuition purposes; . provides that a veteran of the United States Armed Forces pays resident tuition at a public higher education institution if the veteran: . has been honorably discharged from the United States Armed Forces within the previous 12 months; and . has taken steps to relinquish residency in other states and establish residency in Utah; and . makes technical changes.
HB #284s Regents' Scholarship Program Amendments

 

John Dougall

 

Substitute
This bill amends provisions relating to the Regents' Scholarship Program. This bill: . provides other requirements that a student may complete to qualify for a Regents' Scholarship; and . makes technical changes.
HB #285 Repeal of Higher Education Tuition Assistance Program

 

Steve Eliason

 

Draft of Enrolled Bill Prepared
This bill repeals the Utah Higher Education Tuition Assistance Program within the State System of Higher Education. This bill: . repeals the Utah Higher Education Tuition Assistance Program within the State System of Higher Education.
HB #322s1 Higher Education Tenure

 

Christopher N. Herrod

 

Substitute 1
This bill prohibits certain state institutions of higher education from granting academic tenure. This bill: defines terms; prohibits state institutions of higher education from offering an individual a tenure-track position on or after July 1, 2012; prohibits certain state institutions of higher education from offering academic tenure to an individual who is not already in a tenure-track position on July 1, 2012; and allows certain research institutions to offer certain contracts.
SB #10 College and Career Readiness Assessment

 

Margaret Dayton

 

Introduced
This bill modifies the Utah Performance Assessment System for Students (U-PASS), including requiring school districts and charter schools to administer college and career readiness assessments adopted by the State Board of Education. This bill: . terminates the administration of a basic skills competency test to tenth grade students; . requires school districts and charter schools to administer college and career readiness assessments adopted by the State Board of Education, which may include a test used by local universities for admission or the Armed Services Vocational Aptitude Battery; . eliminates an assessment system pilot program; . eliminates a requirement for the State Board of Education to analyze U-PASS test results and identify schools not meeting state-established acceptable levels of student performance; . requires the State Board of Education to make rules providing for: . a differentiated diploma for which the award criteria includes a student's performance on a college and career readiness assessment; and . distribution of money appropriated for college and career readiness assessments to school districts and charter schools; . eliminates the Basic Skills Education Stipend Program; and . makes technical amendments.
SB #39a Gubernatorial Authority over Higher Education Officials

 

Stuart C. Reid

 

Draft of Enrolled Bill Prepared
This bill modifies the hiring and termination process for the commissioner of higher education and president of the Utah College of Applied Technology. This bill: . requires the State Board of Regents to receive approval from the governor and obtain consent of the Senate when hiring a commissioner of higher education; . permits the governor, S. [ in ] after .S consultation with the State Board of Regents, to terminate a commissioner of higher education; . requires the Utah College of Applied Technology Board of Trustees to receive approval from the governor and obtain consent of the Senate when hiring a president of the Utah College of Applied Technology; . permits the governor, S. [ in ] after .S consultation with the Utah College of Applied Technology Board of Trustees, to terminate a president of the Utah College of Applied Technology; and . makes technical amendments.
SB #44s1 GI Bill Tuition Gap Coverage

 

Luz Robles

 

Substitute
This bill modifies the State System of Higher Education Code by creating a tuition waiver. This bill: . requires state institutions of higher education to waive undergraduate tuition for state residents who are recipients of the federal Post-9/11 GI Bill who have maximized the federal benefit and not completed a bachelor's degree; . defines terms; . provides that qualifying military veterans receive the tuition waiver in proportion to an aggregate period of active duty service; and . establishes time limits that a qualified military veteran may receive the tuition waiver.
SB #114s1 Contesting Public Procurements

 

Wayne L. Niederhauser

 

Substitute
This bill amends provisions of the Utah Procurement Code relating to protests, legal action, and appeals. This bill: . increases the number of members on the Procurement Policy Board; . describes procedures and requirements for a protest before the chief procurement officer or the head of a purchasing agency and an appeal of a protest decision; . makes the procedures and requirements described in the preceding paragraph applicable to state agencies, state purchasing agencies, and local public procurement units; . grants rulemaking authority to the Procurement Policy Board; . requires a person who files an appeal of a protest decision to, subject to certain exceptions, pay a security deposit or post a bond; . describes the requirements and procedures relating to paying a security deposit or posting a bond; . provides for the forfeiture of a bond if an appeal or protest is frivolous or if its primary purpose is to harass or cause a delay; . requires a person who desires to protest a procurement to exhaust administrative remedies before appealing to district court; . establishes procedures and requirements relating to protests and appeals of state procurements, contracts, debarments, and suspensions; . dissolves the procurement appeals board; . provides for appeals to be made to the Procurement Policy Board and provides for appointment of procurement appeals panels from among the membership of the Procurement Policy Board; . provides for dismissal of appeals that are not filed in accordance with the requirements of this bill; . amends provisions relating to the statute of limitations and the jurisdiction of the district court in procurement matters; . prohibits the award of consequential damages in relation to an action brought under this bill; . provides an uncodified transitions clause; and . makes technical changes.
SB #153 Procurement Amendments

 

Wayne L. Niederhauser

 

Introduced
This bill recodifies and amends the Utah Procurement Code. This bill: . defines terms; . describes requirements and procedures relating to procurements and procurement processes by public entities; . describes the applicability of the Utah Procurement Code; . grants rulemaking authority; . describes the duties and powers of the Division of Purchasing and General Services; . provides for exemptions from certain provisions of the Utah Procurement Code; . describes the duties and powers of the Utah State Procurement Policy Board and the procurement advisory councils; . describes the duties and powers of the chief procurement officer; . provides for exceptions to procurement process requirements; . addresses cancellations, rejections, and debarment; . addresses reciprocal preferences and purchase from community rehabilitation programs; . describes the duties and powers of the Purchasing from Persons with Disabilities Advisory Board; . describes bid security and bond requirements; . describes requirements relating to contracts and change orders; . describes requirements relating to construction procurement and contracts; . describes requirements relating to architect-engineer services; . describes procedures, requirements, and limitations relating to controversies, protests, appeals, and judicial action; . addresses the retention of records; . addresses interaction between public procurement units; . establishes ethical practice provisions relating to procurements; . amends existing, and enacts new, criminal provisions and penalties relating to procurements; and . makes technical changes.
SB #284 Concurrent Enrollment Amendments

 

Stephen H. Urquhart

 

Introduced
This bill makes changes to the concurrent enrollment program and its funding This bill: . authorizes a student to be charged a per credit hour partial tuition for higher education courses offered in public schools through concurrent enrollment; . requires that concurrent enrollment courses: . meet general education requirements at higher education institutions; and . with exceptions, be offered through the higher education institution in the appropriate geographical service region; . requires the State Board of Regents and the State Board of Education to work collaboratively to offer certain technology-intensive concurrent enrollment courses; and . makes technical and conforming changes.
SB #286 College Readiness Assessment

 

Stephen H. Urquhart

 

Introduced
This bill requires the State Board of Regents to provide for a college readiness assessment. This bill: . directs the State Board of Regents to develop, or contract with an outside provider to develop, an assessment tool that: . assesses students' readiness for higher education; and . helps students identify weaknesses to remediate.
SB #290 Utah Futures Program

 

Howard A. Stephenson

 

Introduced
This bill provides funding for a career planning program. This bill: . requires the Utah Futures Steering Committee to include certain features into the Utah Futures website; . requires the Utah Futures Steering Committee to select at least one technology provider through a request for proposals process to provide technology and support for Utah Futures; and . defines terms.
SJR #5 JOINT RESOLUTION ON EDUCATION

 

Stuart C. Reid

 

Introduced
This joint resolution of the Legislature proposes to amend the Utah Constitution to modify provisions relating to the governance of public and higher education. This resolution proposes to amend the Utah Constitution to: . move the general control and supervision of the public education system from the State Board of Education to the Governor, as provided by statute, and make conforming changes; and . provide that the Governor has general control and supervision of the higher education system, as provided by statute. Special Clauses: This resolution directs the lieutenant governor to submit this proposal to voters. This resolution provides a contingent effective date of January 1, 2013, for this proposal.
SJR #22 Joint Resolution on State Spending Limitations

 

Stuart C. Reid

 

Introduced
This joint resolution of the Legislature proposes to amend the Utah Constitution to modify a provision of the Revenue and Taxation Article relating to state expenditures. . limit legislative appropriations or expenditures to the amount the state spent in the preceding fiscal year, adjusted by inflation or deflation and any change in population, unless three-fifths of both houses approve; . require surplus state revenue to be used for debt service, for budget reserves, and for reserves for emergency preparedness and disaster relief, and require any remaining surplus revenue to be refunded to taxpayers; . reduce the spending limit by the amount required to sustain funding levels for a program or service transferred from state to political subdivision responsibility, and increase the spending limit by the amount required to sustain funding levels for a program or service transferred from political subdivision to State responsibility; and . make technical changes. Special Clauses: This resolution directs the lieutenant governor to submit this proposal to voters. This resolution provides a contingent effective date of January 1, 2013 for this proposal.