Feb. 18 – 21, 2025
Executive Appropriations Committee
On Tuesday, Feb. 18, the Executive Appropriations Committee (EAC) heard presentations from the Higher Education Appropriations Subcommittee (HEAS) and Transportation and Infrastructure Appropriations Subcommittee (TIAS).
HEAS recommendations to EAC included:
- $20 million in new ongoing performance funding to the system.
- Over $5 million in new ongoing growth funding for qualifying technical colleges and degree-granting institutions.
- $4 million in new ongoing funding for the Talent Ready Utah Engineering and Computer Science Initiative.
- $52 million in one-time funding from the Public Education Economic Stabilization Account for the First Credential Initiative.
In sum, roughly $54 million in new one-time funding and nearly $35 million of new ongoing funding was recommended by HEAS for USHE priority funding items.
TIAS recommendations to EAC included:
- Over $86 million in one-time funding and $1.5 million in ongoing funding for dedicated capital projects at degree-granting institutions.
- $66.8 million in one-time funding and $1 million in ongoing funding for the construction and maintenance of the Trades and Technology Building at Dixie Technical College.
- $46.6 million in one-time funding and $305,000 in ongoing funding for the construction and maintenance of the Math, Artificial Intelligence, Data and Analytics Center (MAIDAC) at Utah State University.
EAC has not yet publicly announced its next meeting date but will meet again before the end of the legislative session to review updated revenue numbers and conduct final voting.
Legislation of Interest
(PASSED) HB 1 — Higher Education Base Budget (Representative Karen Peterson, Senator Ann Millner): Provides appropriations for the use and support of higher education agencies and institutions and for other purposes as described (appropriates $147,689,300 in operating capital budgets for FY 25, appropriates $7,397,000 in restricted fund and account transfers for FY 25, appropriates $2,868,144,100 in operating and capital budgets for FY 26, and appropriates $57,779,000 in restricted fund and account transfers for FY 26). Provides an estimate of the total budgets for higher education institutions and provides intent language. This bill has passed both chambers and was signed by the Governor.
HB 40, 4th Substitute — School Safety Amendments (Representative Ryan Wilcox, Senator Ann Millner): Adds the Commissioner of Higher Education or Commissioner’s designee to the membership of the School Security Task Force. Creates a Higher Education Advisory Board under the School Security Task Force. Requires the Commissioner to designate an employee within the Office of the Commissioner of Higher Education to serve as the primary contact for higher education safety and security matters and coordinate with the state security chief on a higher education needs assessment, implementation of safety standards at USHE institutions, and higher education response protocols. This bill has passed in the House.
HB 107 — University Facilities Financing Amendments (Representative Neil Walter): Repurposes the Higher Education Capital Projects Fund into a loan program and provides for the terms of the loan. This bill was assigned to a standing committee but was not heard in committee.
(PASSED) HB 131 — Talent Ready Utah Program Amendments (Representative Val Peterson, Senator Ann Millner): Clarifies that an advisory council under the Talent Board shall have a minimum of four members. Clarifies that engineering and computer technology are included in the list of talent advisory councils. This bill has passed both chambers and is with Legislative Research and General Counsel for enrolling.
HB 133 — Dangerous Weapons Amendments (Representative Karianne Lisonbee, Senator Scott Sandall): Clarifies that an individual who may otherwise lawfully possess a firearm may possess a firearm at the individual’s residence, openly possess a firearm in most public locations, and conceal a firearm in most public locations without a concealed carry permit. This bill passed in the House.
HB 142 — Service Member and Veteran Amendments (Representative Jordan Teuscher, Senator Todd Weiler): Removes residency requirement for in-state tuition at a state institution of higher education for active military members, veterans, and their families. This bill passed in the House.
HB 157, 2nd Substitute — Energy Education Amendments (Representative Colin Jack, Senator Derrin Owens): Requires the Department of Energy to develop energy-related workforce development programs and facilitate collaboration among higher education institutions, elementary schools, secondary schools, and industry. This bill passed in the House.
HB 160, 2nd Substitute — Professional License Degree Amendments (Representative Stephanie Gricius, Senator Chris Wilson): Amends certain processes and procedures related to licensing requirements for architects, environmental health scientists, land surveyors, accountants, and geologists. This bill passed in the House.
HB 168 — Artificial Intelligence in Higher Education (Representative Ariel DeFay): Creates the Artificial Intelligence in Education Task Force. Task Force responsibilities include making recommendations to the Legislature, public education institutions, and higher education institutions on policies related to the use of AI, including guidelines for AI use in educational settings and protections for student privacy and data security. Task Force membership shall include the Commissioner of Higher Education or Commissioner’s designee and two higher education staff institutional staff members appointed by Board of Higher Education. This bill received a favorable recommendation from the House Education Committee on Feb. 18.
HB 210, 2nd Substitute — Higher Education Board of Trustees Amendments (Representative Joseph Elison, Senator John Johnson): Requires that a degree-granting institution’s Board of Trustees member shall be a Utah resident (with the exception of the two ex officio members – the president of the institution’s alumni association and the institution’s student body president). Requires that at least 6 of the appointed members of a degree-granting institution’s Board of Trustees shall meet one of the following qualifications: previously attended the institution, resides within the institution’s service area (as defined in Utah Board of Higher Education policy), or, if no longer living in the institution’s service area, previously resided in the institution’s service area and last moved away from the service area no more than five years before their appointment date. Clarifies that the requirements outlined in the bill only apply to trustees appointed on or after May 7, 2025. The Second Substitute of the bill requires that the Board of Trustees of a technical college shall include one member each from no more than four local school boards in the technical college’s service region, in a rotation specified by the technical college Board of Trustees’ bylaws. This bill passed in the House.
HB 215, 3rd Substitute — Office of Legislative Auditor General Requirements (Representative Jefferson Burton, Senator Stephanie Pitcher): This bill received a favorable recommendation from the House Government Operations Committee on Feb. 7. The third substitute, if adopted, authorizes the legislative auditor general to review and monitor the Utah System of Higher Education (see bill for specific language). This bill passed in the House.
HB 260, 2nd Substitute — First Credential Program (Representative Val Peterson, Senator Ann Millner): Replaces the PRIME Program to create the First Credential Program. Requires the Commissioner of Higher Education, the State Superintendent of Public Instruction, and the Governor’s Education Advisor to establish the First Credential Oversight Committee. Specifies that membership of the Oversight Committee shall include certain representatives from industry, high-demand sectors, representatives from public and higher education, Talent Ready Utah, and workforce development experts. Duties of the Oversight Committee include developing the First Credential Master Plan, which must include elements such as a comprehensive framework for developing and maintaining the First Credential Master List and a comprehensive needs assessment that evaluates resources available through higher education institutions, industry partnership opportunities, and general resource availability. Provides for the awarding of First Credential Program certificates and scholarships to students and provides for the awarding of First Credential grants to LEAs. Introduces specific requirements regarding regional pathways coordinators, including implementation of the First Credential program. The second substitute to the bill introduced a coordinating clause with HB 447: Statewide Catalyst Campus Model. This bill passed in the House and received a favorable recommendation from the Senate Education Committee on Feb. 14.
HB 265 — Higher Education Strategic Reinvestment (Representative Karen Peterson, Senator Ann Millner):
PERFORMANCE FUNDING: Requires the Board of Higher Education and the Higher Education Appropriations Subcommittee to collaborate on a redesign of the performance funding model starting in the 2025 interim.
STRATEGIC REINVESTMENT: Requires the Board of Higher Education to establish standards for institutional strategic reinvestment plans and to provide guidance to the institutions on metrics and evaluative processes for the institutions to use in analyzing programs and budgets to develop their strategic reinvestment plans. Criteria for analysis must include demonstrated enrollment data, completion rate and timely completion, discipline-related professional outcomes (including placement, employment, licensure, and wage outcomes), current and future localized and statewide workforce demands, program-level costs, and the institution’s mission and role within the statewide system.
Requires institutions to develop strategic reinvestment plans in collaboration with the Board of Higher Education. For FY 26, the Board of Higher Education may transfer reinvestment funds to institutions if the respective degree-granting institution’s strategic reinvestment plan is approved by the Board, the Higher Education Appropriations Subcommittee (Aug. 2025 meeting), and the Executive Appropriations Committee (Sept. 2025).
For FY 27 and FY 28, the Board of Higher Education may transfer reinvestment funds to institutions if the respective degree-granting institution has submitted a report on their strategic reinvestment plan progress to the Board and the Higher Education Appropriations Subcommittee (in its August interim meetings in the respective years), and Executive Appropriations Committee (in its September interim meetings in the respective years) make a determination that the institution has progressed in executing the institution’s strategic reinvestment plan in accordance with this bill.
A degree-granting institution may use reinvestment funds for approved strategic investments that include programs, courses, degrees, departments, colleges, or other divisions of the institutions, operational efficiencies, and other components of the institution’s instruction and administrative functions, including dean positions and other administrative positions that merit further investment. For the reduced or eliminated items described in Subsection (3)(b)(ii) (line 145 of the bill), the institution may use reinvestment funds only in the following amounts: For FY 26, no more than 70% of the total of the reinvestment funds dedicated to the institution, for FY 27, no more than 30% of the total of the reinvestment funds dedicated to the institution, and for FY 28, 0% of the total of the reinvestment funds.
Specifies that a degree-granting institution may not supplant or supplement the cost of reduced or eliminated items from the reinvestment exercise through a tuition increase or with any state funds, except in the fiscal year 2028 (to the extent necessary to allow a student to complete the student’s academic program as outlined in the institution’s approved strategic reinvestment plan).
Specifies that if an institution fails to reallocate resources in accordance with its approved reinvestment plan, the Executive Appropriations Committee shall reduce appropriations for the institution’s instruction and administration in an amount equal to the amount the institution failed to properly reallocate.
CREDIT HOUR REQUIREMENTS: Codifies that a degree-granting institution may not offer a bachelor’s degree with a credit-hour requirement, comprising general education and degree-specific requirements, that exceeds 120 total credit hours. Allows the Board of Higher Ed to authorize a degree-granting institution to exceed the credit-hour limit if the institution demonstrates to the Board that a professional licensing or accrediting body requires additional coursework or credit hours in excess of the limit. Requires the Board to develop a process to grant conditional approval of accelerated three-year degrees to allow for the implementation of an accelerated degree upon accreditation.
PROGRAM REVIEW: Moves the Board’s program review requirements to a five-year cycle instead of a seven-year cycle. Requires the Board to develop and use qualitative and quantitative standards for program review. During program review, if the Board finds a program to be underperforming (as the Board defines), requires that the Board shall modify, consolidate, or terminate the program of instruction, and the Board may require an institution to develop a performance improvement plan and annually report back to the Board regarding the plan.
This bill passed in the House and received a favorable recommendation from the Senate Education Committee on Feb. 19.
HB 269 — Privacy Protections in Sex-Designated Areas (Representative Stephanie Gricius, Senator Brady Brammer): Requires the Utah Board of Higher Education to provide guidance regarding student housing that degree-granting institutions own or control. Requires degree-granting institutions to comply with sex designations in assigning students to dwelling units within the institution’s sex-designated housing. This bill passed both chambers and was signed by the Governor.
HB 390 — Religious Expression in Higher Education (Representative Karianne Lisonbee): Establishes that an institution may not discriminate against a religious, political, or ideological student organization or deny these student organizations any privilege or benefit (defined as “recognition, registration, use of facilities, use of communication channels, and funding sources”) that is available to any other student organization. This bill received a favorable recommendation from the House Education Committee on Feb. 18.
HB 426 — Resident Student Tuition (Representative Jennifer Dailey-Provost): Amends the list of individuals who are eligible for in-state resident student tuition to include employment-based immigrant visas.
HB 444 — Data Privacy Amendments (Representative Jefferson Moss): Modifies requirements for privacy annotations and privacy notices. Modifies requirements for government website privacy notices. Modifies provisions related to data breach notification requirements. Renames and modifies duties of the state privacy auditor. Modifies enforcement provisions related to privacy requirements.
HB 447 — Statewide Catalyst Campus Model (Representative Mike Schultz, Senator Ann Millner): Creates the Catalyst Center Grant Program (program) to support local education agencies (LEAs) in creating or expanding catalyst centers. Requires alignment with labor market needs, LEA strategic plans, and state career and technical education goals. Requires Talent Ready Utah and Utah Leading through Effective, Actionable, and Dynamic Education to create a marketing campaign for the program. An LEA applying for a grant under this section shall demonstrate capacity for workforce alignment programs within the LEA or provide a plan to establish or enhance alignment, including by outlining steps to establish or enhance partnerships with technical colleges, degree-granting institutions, or other postsecondary entities. The first substitute clarifies that LEAs applying for grant funding may collaborate with higher education institutions and allows for a catalyst center to be co-located on an institution of higher education campus. This bill passed in the House.
HB 449, 1st Substitute — Student Athlete Amendments (Representative Jordan Teuscher, Senator Ann Millner): Establishes that an institution of higher education may compensate a student athlete directly for use of the student’s name, image, and likeness. Specifies that this compensation cannot come from sources that include legislative appropriations or student fees. Establishes that a student athlete attending an institution is not an employee of the institution through the student athlete’s participation in an athletic program the institution offers, or through the institution compensating the student athlete for the student athlete’s name, image, or likeness. Requires that the Utah Board of Higher Education, beginning FY 28 and every five years thereafter, shall conduct an audit of each institution that evaluates money an institution expends to directly compensate a student athlete for the use of the student’s name, image, or likeness, and the implementation and use of payments by an institution for a student athlete for a student athlete’s name, image, or likeness. Starting in FY 28 and every five years thereafter, the Board shall submit an audit report to the Education Interim and the Higher Education Appropriations Subcommittee. Specifies an athletic entity may not prevent a student athlete of an institution from full participation in intercollegiate athletics because the student athlete earns compensation for their name, image, or likeness, or obtains professional representation. This bill received a favorable recommendation from the House Education Committee on Feb. 18.
HB 479 — Student Athlete Revisions (Representative Sahara Hayes): Requires a degree-granting institution to adopt a policy addressing abusive coaching practices and report to the Education Interim committee. This bill received a favorable recommendation from the House Education Committee on Feb. 19.
HB 521 — Transgender Medical Procedures Amendments (Representative Nicholeen Peck): Prohibits the use of public funds to pay or otherwise reimburse for the performance of specified transgender medical treatments and procedures.
HB 530 — Utah Innovation Lab Modifications (Representative Karen Peterson): Reorganizes the Utah Innovation Lab into the Nucleus Institute (institute) and amends the Utah Innovation Fund. Requires the formation of a board of directors of the institute and provides for an institute executive director. Outlines the duties of the institute board and institute executive director. Amends the governance and structure of the Utah Innovation Fund under the institute. Requires the formation of an investment committee for the fund. Outlines the duties of the investment committee fund. Requires reporting and auditing.
(PASSED) SB 17, 1st Substitute — Services for Department of Defense Civilian Employees (Senator Ann Millner, Representative Val Peterson): Provides in-state residency for tuition purposes at a state institution of higher education for a United States Department of Defense employee and the employee’s family. Provides for coordination of technical changes between this bill and HB 142: Service Member and Veteran Amendments. This bill has passed both chambers.
SB 129 — Higher Education Development Areas (Senator Chris Wilson, Representative): Authorizes certain higher education institutions to designate a development area consisting of property owned by the institution. Provides a process for an institution to adopt a resolution designating a development area. Requires an institution to establish a fund for revenue from the development area and provides for uses of money in the fund. Provides for property an eligible university leases to a private person to be exempt from a privilege tax. Requires approval from the Transportation and Infrastructure Appropriations Subcommittee and the Institution’s Board of Trustees before the institution may adopt a development agreement relating to property within a development area. Provides limitations on a trustee’s participation in development actions and requires a trustee to disclose a conflict before the board of trustees approves a development agreement. Requires the board of trustees to provide an annual report to the Higher Education Appropriations Subcommittee for each development area. The first substitute requires institutions to obtain approval from the Utah Board of Higher Education for the geographic area proposed to be designated as a development area. This bill received a favorable recommendation from the Senate Education Committee on Feb. 13.
SB 154 — Legislative Audit Amendments (Senator Brady Brammer): Excludes certain information and communications obtained by the legislative auditor general from the definition of “record.” Requires a lawyer to provide information, materials, or resources related to the representation of an entity. An amended version of this bill received a favorable recommendation in the Senate Judiciary, Law Enforcement, and Criminal Justice Committee on Feb. 18.
SB 162, 1st Substitute — Talent Connect (Senator Ann Millner, Representative Jefferson Moss): Major provisions include creating a statewide talent portal for high-demand jobs in Utah and establishing a cooperative education pilot program. See bill for full details. This bill passed in the Senate.
SB 168 — Public Employee Negotiation Amendments (Senator David Hinkins, Representative Jefferson Moss): Provision specifically related to higher education: Requires that the Governor of the state, the governing body of a political subdivision, the Commissioner of Higher Education, or the designated authorized representative shall represent the public employer in collective bargaining with an exclusive representative.
SB 198, 1st Substitute — Federal Guidance Letter Amendments (Senator Keven Stratton, Representative Casey Snider): Requires a state agency to publish certain federal guidance letter information received by the state agency on public websites and transmit copies to the Legislature. Establishes standards for federal guidance letter information published on a state agency’s website. This bill passed in the Senate and received a favorable recommendation for the consent calendar from the House Public Utilities and Energy Committee on Feb. 20.
SB 265 — Utah Constitutional Sovereignty Acts Amendments (Senator Scott Sandall, Representative Ken Ivory): As it pertains to the Utah Constitutional Sovereignty Act, expands the definition of “government officer” to include employees of public institutions of higher education. This bill received a favorable recommendation from the Senate Government Operations and Political Subdivisions Committee on Feb. 18.
SB 282 — Higher Education Hiring Amendments (Senator Chris Wilson): Expands the duties of a search committee for an institution of higher education president. Requires a search committee to protect candidate confidentiality, including by meeting in closed executive sessions, and recommends a single finalist to the Utah Board of Higher Education. If the Board is not satisfied with the finalist, the search committee presents to the Board, provides that the Board may direct the search committee to resume the search process until the search committee presents a finalist whom the Board approves. Maintains all presidential application materials as protected records. Requires an open and public meeting of the Board for the final hiring action of a president. This bill received a favorable recommendation from the Senate Education Committee on Feb. 21.
SB 288 — Employment Investigation Records Amendments (Senator Stephanie Pitcher): Establishes, as a public record, a final written decision on a matter of alleged employment workplace misconduct. Establishes, as a private record, a record of alleged employment workplace misconduct that does not qualify as a final written decision, including reports, complaints, investigatory records, and other records relating to alleged employee misconduct.
SB 307 — Education Legislative Committee Amendments (Senator Keven Stratton): Creates the Legislative Education Evaluation Commission. Representation on the Commission would include legislators, representatives from public education, and the Commissioner of Higher Education. The Commission would consider and make recommendations to the Education Interim Committee, the Public Education Appropriations Subcommittee, and the Higher Education Appropriations Subcommittee on issues related to public and higher education.
SB 308 — Dual Language Immersion Amendments (Senator Daniel McCay): Requires universities to teach certain upper-level concurrent enrollment courses. Sets parameters for when a teacher is qualified to teach in the Utah Language Bridge Program. Allows a local education agency to partner with state institutions outside the LEA’s service area in certain circumstances.
SJR 4 — Joint Resolution Amending Court Rules on Attorney Confidentiality (Senator Brady Brammer): Establishes that if a party is an entity that the legislative auditor general is authorized to edit, and the legislative auditor general determines the information that is privileged or prepared in anticipation of litigation or for trial is necessary to conduct an audit of the entity, the party must disclose the information to the legislative auditor general. The disclosure to the legislative auditor general does not make the information discoverable or prevent the party from claiming that the information is privileged and prepared in anticipation of litigation or for trial.
