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March 14, 2005

House of Representatives Selected Highlights - 2005 General Session Wrap-up

The 57th Legislature featured a unique opportunity to build relationships between the House of Representatives, Senate, and Governor’s Office as all three had new leadership. It also featured a surplus as the economy recovered, giving legislators more funds to appropriate to various programs. Many departments and programs saw an increase in funding or a restoration of programs that had been cut. A few task forces have been created to further study some of the most complex issues of the session. Many valuable and constructive bills passed through the legislative process and will make Utah a better place to live, work, and raise families

Budget

Health & Human Services- Total funding for the Departments of Health and Human Services increased by $159 million (+7.3%). This includes funding for programs like the restoration of adult vision & dental coverage under Medicaid, caseload growth for Medicaid, primary care grants, and additional Hospital Forensic beds.

Public Education- Total funding for Public Education increased by $143.2 million (+5.6%). Included in this funding are items such as: an increase of the Weighted per Pupil Unit (WPU), teacher supplies, enrollment growth for both public schools and public charter schools, the Electronic High School, Math & Science Teacher initiative, and online testing.

Higher Education- Total funding for Higher Education increased by $53.9 million (+5.5%). The additional funding in Higher Education funded enrollment growth, the engineering & nursing initiative, new century scholarships, and the Utah College of Applied Technology.

Transportation- Sales tax appropriations for transportation increased by $120 million. Of this amount, $90 million is from ongoing revenue and serves as a "working" rainy day fund.

Buildings-Funds for buildings, including the University of Utah's Marriott Library, Southern Utah University’s Teacher Education Building, Dixie State College’s Health Science Building, and renovation of the State Capitol, increased by $143.6 million. Legislators opted to pay cash rather than issue bonds for these projects.

Rainy Day Fund- Legislators also deposited $35 million into the state's two rainy day funds ($10.3 million to General Fund Budget Reserve Account, $24 million to the Education Budget Reserve Account). This brings the state's reserves back to within 10% of pre-recession levels.

Charter Schools & Alternative Schooling

Charter Schools-The legislature this session made a few changes to the laws governing charter schools. The cap on the number of charter schools opening each year was removed (SB187 1st sub). Students who lives near charter schools will be allowed to enroll before other applicants under HB 136, which aims to reduce traffic around charter schools and give neighborhoods a community feeling for charter schools. The building requirements for the construction of new charter schools were made equal to those of public schools (HB 36 2nd sub).

Home Schooling-The rules governing home schooling also changed this session. Parents of home schooled children now need only sign an affidavit pledging that their children will go to school the same length of time as public school children. Parents would be responsible for choosing all textbooks and teaching materials (SB 59). Before this bill passed, school districts monitored the attendance, teacher credentials, and facilities of home-schooled children.

Transportation

Transportation Funding-The transportation budget has served as a “working” rainy day fund during the economic down turn of the past few years. Monies were withdrawn from the transportation budget and replaced with bonds in order to cover other programs. This session, the legislature was able to pay off debt and make money available for new roads by increase the transportation budget by $120 million ($90 million in on-going funds and $30 million in one-time funding).

Road Safety- Safety on the roads was an issue this session as well. Legislators mandated that vehicles maintain three feet or a reasonable distance from bicycle riders and banned mini-motorcycles, or “pocket bikes,” from public roads (HB 49 & HB 177).

Task Force Study- A Task Force was created to study which roads the state should maintain and which should be transferred to local control; as well as a study of the possible use of toll roads.

Internet

Internet Safety- Legislators this session acted to protect citizens from Internet pornography and spyware. The Attorney General’s Office will now be charged with keeping a database of adult content websites with material harmful to minors. Internet service providers (ISP) will be required to provide internet filtering software to their users (HB 260 2nd Sub). Pop-up ads that download unwanted spyware to your computer will be subject to a $500 fine by the Division of Consumer Protection (HB 104).

Undocumented Worker’s

Drivers License Changes- After a legislative audit revealed that 95,000 drivers licenses had been issued to undocumented immigrants, some of whom even voted in the most recent election, the legislature took steps to ensure that Utah’s drivers license laws were strengthened. Undocumented immigrants will now be issued a “driving privilege card” that will allow them to drive and get car insurance, but can’t be used as official government identification (SB 227).

Interim Study- Three bills were referred to interim study on driver’s license issues and undocumented immigrants. One would prohibit undocumented immigrants from obtaining a driver’s license or a “driving privilege card” (HB 330). The others would require that undocumented immigrants belong to a database, pay a fee, and attend English classes to obtain a “driving privilege card” (HB 130 & HB 316).

Higher Education

More Money-New buildings, more money for nursing & engineering programs, more money financial aid, more money for higher power & fuel costs, and $3 million to retain key faculty and staff characterized this years dealing between the legislature and higher education.

Nonresident Tuition- The rule for establishing residency for tuition purposes was amended this session to help part-time students. Now students that maintain residency for three years will qualify for in-state tuition instead of needing to accrue sixty credit hours (HB 138).

Tuition Waiver for Military Service- To show Utah’s military service personnel how much the legislature appreciates their sacrifice and service in Iraq and Afghanistan, tuition waivers for graduate and under-graduate studies at state institutions will be offered for qualifying military service (SB 13 2nd Sub).

Child Welfare

Parental Rights-Two bills were passed this session restricting the state’s ability to intervene in suspected cases of child abuse or neglect. One bill, SB 83, provides that a parent’s medical decisions does not constitute neglect unless that state can prove by “clear and convincing” evidence that the decision was not “reasonable or informed.” The other bill, HB 338, adds U.S. Supreme Court language to the child-welfare code; emphasizing that the state must tread softly when intervening in a parent’s “fundamental” rights to care for a child.

Healthcare

Additional Funding for CHIP-The legislature this session increased the amount of the tobacco-settlement funding from $7 million to $10.3 million. The added funds will cover medical care for 12,000 additional poor children enrolled in the Children’s Health Insurance Program (CHIP).

Medical Devices- Legislation was passed limiting the liability of medical device manufactures whose devices, such as catheters and angioplasty balloons, are cleaned and used again times (SB 110).

Medicaid Vision & Dental- Adult vision and dental care were restored to Medicaid this session after being eliminated in 2002 due to the economic down turn and the explosive cost growth of the program.

Task Force Study- A bill that would have allowed Utahns to go any doctor of their choosing, whether a participant in their insurance plan or not, and a bill to remove IHC’s tax exempt status or sell it health plans, were referred to task force study.

Environment

Radioactive Waste- Envirocare of Utah, and other entities in the state, are prohibited from accepting any hotter waste than is currently accepted (SB 24 1st Sub). The State Department of Environmental Quality was also given $2 million to fight private fuel storage at the Skull Valley Goshute reservation.

Open Space- The LeRay McAllister Open Space Fund received a $3 million one-time spending increase and Utah’s smallest counties will now have the option of using sales tax to purchase open space.

Education

No Child Left Behind- The debate continued this session over the prioritization of state and federal education goals. HB 135 would require that state education goals be placed before federal education goals. The bill passed the House unanimously and was assured passage in the Senate, but Gov. Huntsman Jr. asked that the bill be held for the April 20th special session while his office continues to negotiate with the White House over the requirements in No Child Left Behind.

Vouchers- The Carson Smith Special Needs Scholarship program passed again this session (HB 249). The Scholarships of between $3,400 and $5,650 will allow hundreds of children with disabilities to attend private schools.

Spending Boost- Public school funding received a 4.5 percent increase in per pupil spending. Teacher classroom supplies & materials; the Utah Electronic High School; and Math, Science, and Special Education teacher incentive programs all saw an increase in funding as well.

Tuition Tax Credits- Tax breaks for parents who switch their kids from public to private schools failed to pass this year (HB 39).

Family & Marriage

Surrogate Mothers- The Uniform Parentage Act addresses the issue of surrogacy and sets legal standards for determining a child’s paternity, registering of birth certificates, and setting conditions for genetic testing (SB 14).

Mediation-Divorcing couples will now be required to attend mediation sessions, unless granted an exemption for “good cause” (HB 4).

Task Force Study- A bill to limit “no-fault” divorces was turned over to task force study on the causes of divorce and whether divorce filing fee are too low.

Crime

Rape- The time limit for the filing of charges in a rape investigation increased from four to eight years (SB 177). The increase in the time limit is due to advances in DNA technology.

Desecration of a Body- Suspects who desecrate the body of a person they have killed can now be charged with aggravated murder (HB 297).

Driving Under the Influence- Utah’s DUI laws strengthened this session by two bills. One bill, HB 311, makes it possible for those found to have “any measurable controlled substance” in their system while operating a vehicle to be convicted of driving under the influence and have their license suspended. Distilled spirits, wine, and malt beverage were exempted, as this bill is meant to target those operating a vehicle under the influence of drugs. SB 42 deals with repeat DUI offenders by creating an “alcohol restricted driver” designation where previous DUI offenders who drive with any measurable or detectable amount of alcohol face a class B misdemeanor.

Cities & Towns

Salt Palace Expansion- In order to meet convention demands, like those of the Outdoor Retailers convention, and to stay competitive in the market- the Salt Palace must be expanded. Salt Lake City and Salt Lake County can now tap increased hotel taxes to pay for the $82 million expansion of the Salt Palace and South Towne Expo center (SB 211).

Redevelopment Agencies- Cities can no longer condemn property within redevelopment agency (RDA) zones (SB 184). This prevents cities from tying up property tax money for decades.

Posted by Jeff at March 14, 2005 09:37 AM

Comments

Tonight on a network news that more highly trained scientists should be allowed to immigrate here because industry says we don't have enought well trained in science and math. Isn't that something. That is why we need vouchers for m ore than just the disabled. Best regards Robert

Posted by: robert petersen at February 2, 2006 08:23 PM

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