2017 Legislative Update – Week 4

Higher Education Luncheon

Regents, Trustees, Presidents and student leaders gathered on Friday for the annual higher education luncheon in the Capitol Rotunda. Attended by over 75 legislators, including members of legislative leadership, it was a good opportunity to re-emphasize USHE’s budget and capital development priorities.

The Higher Education Appropriations Subcommittee

The Higher Education Appropriations Subcommittee Chairs presented the subcommittee’s priorities to the Executive Appropriations Committee on Thursday. Final 2017-18 budget revenue projections were announced on February 17. The Legislature will have $88 million more than it had expected for next year’s budget, leaders announced Friday based on new quarterly revenue estimates:

Total New Revenue Available (Education and General Funds, in millions):

OngoingOne-time
General Fund$115$ 5
Education Fund$257$ 8
Total New Available$372$13

Further budget action will be taken by Executive Appropriations Committee in the final weeks of the legislative session.


Legislation of Interest

HB 100, Institutions of Higher Education Disclosure Requirements by Rep. Kim Coleman requires institutions of higher education to disclose information including job placement, wage earnings and average student debt programs at USHE institutions. The bill unanimously passed the House and awaits further consideration by the Senate Education Committee.

*HB 249 (1st Sub.), Higher Education Financial Literacy Amendments, by Rep. Robert Spendlove requires higher education to annually notify students who have taken out a loan for college directing them to their loan balance as well as a repayment calculator. The bill was approved by the House Education Committee and awaits consideration by the full House.

*HB 251, Campus Advocate Confidentiality Amendments, by Rep. Angela Romero prohibits the disclosure of confidential communications related to advocacy services at a Utah institution of higher education. The bill passed the House Judiciary committee and awaits consideration by the full House.

**HB 284, Student Right to Active Counsel, by Rep. Kim Coleman introduced similar legislation in the 2016 Session. The Legislature ultimately did not adopt the proposed legislation. In July 2016, the Board of Regents adopted policy that outlines required due process for disciplinary actions and included the role of active counsel in certain proceedings. This bill is unnecessary given the policy already adopted. The bill passed House Judiciary Committee awaiting consideration by the full House.

*HB 326, Campus Sexual Violence Protection Act, by Rep. Kim Coleman allows an institution of higher education to report an allegation of sexual violence to a law enforcement agency and enacts other provisions related to the duties of an institution of higher education in circumstances related to sexual violence. The bill passed the House Judiciary Committee and awaits consideration by the full House.

**HB 334, Academic Freedom and Protection Act, by Rep. Kim Coleman prohibits a USHE institution from taking adverse action against faculty in retaliation for certain expression. Existing Regents’ policy and state and federal laws already requires institutions to protect academic freedom. The bill awaits its first House Standing Committee hearing.

**HB 275, Utah Administrative Rulemaking Act Amendments, by Rep. Brian Green removes the exemption for higher education from Administrative Rulemaking Act for policies related to students. Currently, there are almost 15,000 policies maintained by the Board of Regents and USHE institutions that would need to be reviewed and submitted for administrative rulemaking. The bill awaits its first House Standing Committee hearing.

*HCR 16, Concurrent Resolution Declaring Mental Health Issues To Be A Public Health Crisis At Utah Higher Education Institutions, by Rep. Ed Redd declares mental health issues to be a public health crisis at Utah higher education institutions. It strongly urges state agencies, local health authorities, non-profit groups, and higher education entities to seek productive, long-term solutions to address this crisis. The bill received unanimous support from the House Health and Human Services Committee and awaits consideration of the full House.

*SB 35, Veterans Tuition Gap Program Act Amendments, by Sen. Escamilla amends the federal programs to which the Veterans Tuition Gap Program applies. The bill unanimously passed the Senate and awaits consideration by the full House, after unanimous vote in support by the House Health and Human Services Committee.

*SB 117 (1st Sub.), Performance Funding Revisions, by Sen. Ann Millner provides ongoing funding dedicated the performance outcomes proposed by the Board of Regents and adopted by the Legislature in 2015. The bill received unanimous support of the Senate Education Committee and awaits further consideration by the full Senate.

SB 238, Higher Education Governance Revisions, by Sen. Ann Millner changes the name of UCAT (to Utah System of Technical Colleges and of individual campuses to technical colleges) and makes several significant changes to the governance of public higher education in Utah. The legislation clarifies the roles and mission of the Board of Regents and Boards of Trustees and changes how Regents are appointed. The legislation also changes how new academic programs are approved, codifies how presidential searches are to be conducted, and defines the primary missions of USHE institutions. The Commissioner and the Board’s Executive committee have worked closely with the bill sponsor on clarifying amendments that are expected to be adopted this week. The bill awaits consideration by the Senate Education Committee.


* USHE has taken an official position in support; ** USHE has taken an official position in opposition. For more information on legislation, committee agendas, or to view or listen to floor debates, see: http://le.utah.gov/
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