2022 Session Overview

 Legislative leaders estimate an additional $930 million in new revenues for FY23 due to a record amount of tax fund collections. Governor Cox and lawmakers are exploring several options to reduce taxes, including a food tax credit and an income tax cut. Projected FY23 revenue growth as of December 2021 is: 

• General Fund (Sales Tax): $245 million
• Education Fund (Income Tax): $685 million

Higher Education Appropriations Subcommittee 

The Higher Education Appropriations Subcommittee (HEAS) held its first hearing with a presentation from the Utah System of Higher Education. Commissioner Woolstenhulme reviewed the Utah Board of Higher Education’s Strategic Plan, emphasizing System priorities: access, completion, affordability, workforce alignment, and research. In addition, the subcommittee was given a review of the past year’s efforts regarding student affairs, equity, diversity and inclusion, technical education, and academic affairs. 

The subcommittee also received a Financial and Performance Summary for all USHE institutions from Juliette Tennert, USHE’s Chief Financial Officer, as of January 3, 2022. The Commissioner and Tennert also presented the Board’s Systemwide Unified Budget Priorities. Below are the details regarding this request:

Technical Education Institution Priorities

• $9,350,000 for technical program growth and capacity
• $5,000,000 one-time for technical education equipment
• $1,666,800 for Snow College and SLCC technical institution parity
• $522,000 for custom fit
• $743,000 for operation and maintenance

Degree-Granting Institution Priorities

• $35,000,000 for performance funding institutional priorities
• $4,992,000 for growth funding
• $685,600 for operation maintenance

Systemwide Priorities

• $5,000,000 (one-time) for statewide advocacy and awareness campaign
• $3,500,000 (one-time) for shared services implementation
• $3,000,000 for mental health
• $1,000,000 for a statewide online education program

Capital Development 

Commissioner Woolstenhulme and Tennert also presented the Board’s Capital Development priority rankings to the Infrastructure and General Government Appropriations Subcommittee. The presentation, including the rankings, is available here.

Upcoming Appropriations Subcommittee Meetings: 

• Monday, January 24, 8:00 AM Agenda | Virtual Link
• Wednesday, January 26, 8:00 AM
• Friday, January 28, 8:00 AM

Legislation of Interest: 

SB 42 – Higher Education Performance Funding Goals by Sen. Millner — codifies five- year performance goals for the Utah System of Higher Education and each institution of higher education. This bill has passed in the senate and is currently with the House Education Committee.

Higher Education Appropriations Subcommittee 

The Higher Education Appropriations Subcommittee (HEAS) continued its meetings this week and received presentations from all technical and community college institutions. President Huftalin’s presentation is linked below. 

• Salt Lake Community College

The subcommittee also heard updates from the Commissioner on several Utah Board of Higher Education initiatives. Vice Chair Nina Barnes participated in

Friday’s presentation on behalf of the Board. The Learn & Work and Talent Ready Utah initiatives allow USHE institutions to provide tuition assistance to qualifying students and create, expand, and align short- and long-term workforce training solutions throughout the state of Utah. 

In support of the Board’s access goal to increase the college-going rate of Utah high school graduates by 10% in 10 years, the Utah College Advising Corps is working towards this goal as they create a college-going culture by implementing more access to advisors on public education campuses. As a result of the recent expansion, 43% of students are completing FAFSA forms (+5% increase), 77% are applying to college, and 30% of parents are engaged with their childrens’ educational future. 

Keys to Success also presented to the subcommittee on its partnership with USHE and its mobile application used in conjunction with Utah College Advising Corps. The app helps students earn and redeem points for prizes by researching pertinent information on scholarships, internships, and college. As of right now, we are seeing 92,500+ students enrolled and reaping the benefits of this app's ability to eventually give scholarships, tuition assistance, and tuition waivers.

Legislation of Interest

HB 226 - Higher Education and Corrections Council by Rep. Snow — establishes a council to advise the Utah Board of Higher Education regarding postsecondary education in Utah’s prisons. The council is also responsible for analyzing the outcomes of prison education. The bill awaits a committee hearing.

SB 42 - Higher Education Performance Funding Goals by Sen. Millner — codifies five-year performance goals for the Utah System of Higher Education and each institution of higher education. This bill has passed in the Senate and is currently with the House Education Committee.

SB 143 - Office of Student Health Affairs by Sen. Kathleen Riebe — creates the Office of Student Health Affairs within the Utah Department of Health and Human Services to coordinate services provided by the department with public and higher education throughout the state. The bill awaits a committee hearing.

Higher Education Appropriations Subcommittee

The Higher Education Appropriations Subcommittee continued its meetings this week and received presentations from the remaining USHE institutions.

The subcommittee meets two more times this session: Monday, February 7, and Wednesday, February 9. The subcommittee will prioritize USHE budget priorities along with several other requests for state appropriations and advance those to the Executive Appropriations Committee for further review as the Legislature works to formulate a new budget for FY23.

Legislation of Interest

HB 96 – Government Records Amendments by Rep. Johnson — modifies provisions of the Government Records Access and Management Act, allowing a government entity to charge a fee for repeat requestors. The bill passed the House unanimously and awaits consideration by the Senate.

HB 226 – Higher Education and Corrections Council by Rep. Snow — establishes a council to advise the Utah Board of Higher Education regarding postsecondary education in Utah’s prisons. The council is also responsible for analyzing the outcomes of prison education. The bill awaits a committee hearing.

SB 42 – Higher Education Performance Funding Goals by Sen. Millner — codifies five- year performance goals for the Utah System of Higher Education and each institution of higher education. This bill passed the Senate and the House unanimously.

SB 71 – Financial Education and Savings Plan to Benefit At-Risk Children by Sen. Fillmore — creates the Parental Coaching to Encourage Student Savings Program that would provide financial training to parents of children experiencing intergenerational poverty, encourage the parents to save money for their child’s higher education expenses, and offer a financial contribution to a my529 savings account.

SB 133 – Food Security Amendments by Sen. Luz Escamilla — creates the State Nutrition Action Coalition at Utah State University to coordinate state efforts in addressing food security.

SB 143 – Office of Student Health Affairs by Sen. Kathleen Riebe — creates the Office of Student Health Affairs within the Utah Department of Health and Human Services to coordinate services provided by the department with public and higher education throughout the state. The bill awaits a committee hearing.

SB 172. Higher Education Student Assistance by Sen. Vickers — In fall 2021, the Utah Board of Higher Education voted to exit the loan servicing business after analyzing whether UHEAA should retain and refinance its portfolio or sell the portfolio and exit the market. This legislation creates an endowment managed by the Utah Board of Higher Education, the proceeds of which would be used for scholarships and student success initiatives. The bill awaits a committee hearing.

SB 175 – Daylight Savings Time Modifications by Sen. Dan McCay — establishes the year-round observed time of the entire state and all of the state’s political subdivisions is Mountain Daylight Time.

Higher Education Appropriations Subcommittee

The Higher Education Appropriations Subcommittee wrapped up its work on Wednesday, February 9 and submitted its list of priority budget requests (page 4) to the Executive Appropriations Committee on Friday. This Subcommittee’s priorities closely align with the Utah Board of Higher Education’s budget priorities adopted in September 2021.

Legislation of Interest

HB 96 (1st Sub.) – Government Records Amendments by Rep. Johnson — modifies provisions of the Government Records Access and Management Act, allowing a government entity to charge a fee for repeat requestors. The bill passed the Senate Government Operations Committee unanimously and awaits consideration by the full Senate.

HB 226 – Higher Education and Corrections Council by Rep. Snow — establishes a council to advise the Utah Board of Higher Education regarding postsecondary education in Utah’s prisons. The council is also responsible for analyzing the outcomes of prison education. The bill awaits a committee hearing.

HB 355 – Higher Education Financial Aid Amendments by Rep. Val Paterson — streamlines many of the state aid programs administered by the Utah Board of Higher Education. This legislation is in accordance with the Board’s strategic priority to streamline state scholarships for reporting consistency, accountability and – most importantly – best assist students. The legislation also proposes to formalize regional educational pathway coordination made possible through the consolidation of the previously separate governing boards. The bill awaits a committee hearing.

SB 42 – Higher Education Performance Funding Goals by Sen. Millner — codifies five- year performance goals for the Utah System of Higher Education and each institution of higher education. This bill passed the Senate and the House unanimously and awaits the Governor’s signature.

SB 71 – Financial Education and Savings Plan to Benefit At-Risk Children by Sen. Fillmore — creates the Parental Coaching to Encourage Student Savings Program that would provide financial training to parents of children experiencing intergenerational poverty, encourage the parents to save money for their child’s higher education expenses, and offer a financial contribution to a my529 savings account. The bill unanimously passed the Senate Education Committee and awaits consideration by the full senate.

SB 133 – Food Security Amendments by Sen. Luz Escamilla — creates the State Nutrition Action Coalition at Utah State University to coordinate state efforts in addressing food security. Amendments are expected to add the Commissioner to its coordination board. The bill awaits a hearing in the Senate Natural Resources, Agriculture, and Environment Committee.

SB 172 (1st Sub.) Higher Education Student Assistance by Sen. Vickers — In fall 2021, the Utah Board of Higher Education voted to exit the loan servicing business after analyzing whether UHEAA should retain and refinance its portfolio or sell the portfolio and exit the market. This legislation creates an endowment managed by the Utah Board of Higher Education, the proceeds of which would be used for scholarships and student success initiatives. The bill received unanimous support in the Senate Education Committee and awaits further consideration by the full Senate.

Updated State Budget Revenues Announced

Governor Cox and legislative leadership announced revised tax revenue projections on Friday, higher than projections adopted in December 2021 by the Executive Appropriations Committee:

• General Fund (Sales Tax): Dec 2021 - $245 million, Feb 2022 - $1.04 billion
• Education Fund (Income Tax): Dec 2021 - $685 million, Feb 2022 - $2.75 billion

According to the House Majority Office, “During the 2022 General Session, policymakers have an additional $617 million in one-time and $429 million in ongoing money in the general fund, and an additional $1.68 billion one-time and $1.07 billion ongoing in the education fund to allocate.”

The announcement of new revenue projections is one of the final steps in compiling the new budget forthe 2022 Legislative Session. Specific appropriations pertaining to higher education are expected to start rolling out next week.

Legislation of Interest

HB 226 – Higher Education and Corrections Council by Rep. Lowry Snow — establishes a council to advise the Utah Board of Higher Education regarding postsecondary education in Utah’s prisons. The council is also responsible for analyzing the outcomes of prison education. The bill passed the House with unanimous support.

HB 238 – State Holiday Modifications by Rep. Sandra Hollins — establishes Juneteenth National Freedom Day on June 19 as a state holiday. In June 2021, the Utah Board of Higher Education adopted a resolution encouraging the observance of Juneteenth with “events that commemorate this historic time.” The bill passed the House and awaits further consideration by the Senate.

HB 355 – Higher Education Financial Aid Amendments* by Rep. Val Paterson — streamlines many of the state aid programs administered by the Utah Board of Higher Education. This legislation is in accordance with the Board’s strategic priority to streamline state scholarships for reporting consistency, accountability and – most importantly – best assist students. The legislation also proposes to formalize regional educational pathway coordination made possible through the consolidation of the previously separate governing boards. The bill passed the House with unanimous support.

HB 390 – Early College and Concurrent Enrollment Program Amendments by Rep. Lowry Snow — would allow school districts to use Concurrent Enrollment funds to waive the fees associated with Concurrent Enrollment students experiencing socioeconomic disadvantage. The bill awaits a hearing by a House Committee.

SB 42 – Higher Education Performance Funding Goals* by Sen. Ann Millner — codifies five-year performance goals for the Utah System of Higher Education and each institution of higher education. This bill passed the Senate and the House unanimously and awaits the Governor’s signature.

SB 133 – Food Security Amendments by Sen. Luz Escamilla — creates the State Nutrition Action Coalition at Utah State University to coordinate state efforts in addressing food security. Amendments are expected to add the Commissioner to its coordination board. The bill awaits a hearing in the Senate Natural Resources, Agriculture, and Environment Committee.

SB 172 (1st Sub.) Higher Education Student Assistance* by Sen. Evan Vickers — In fall 2021, the Utah Board of Higher Education voted to exit the loan servicing business after analyzing whether UHEAA should retain and refinance its portfolio or sell the portfolio and exit the market. This legislation creates an endowment managed by the Utah Board of Higher Education, the proceeds of which would be used for scholarships and student success initiatives. The bill received unanimous support in the Senate and awaits further consideration by the House.

SB 226 – Student Data Privacy Revisions by Sen. Jacob Anderegg — requires the Board of Higher Education as well as each USHE institution to identify a Data Privacy Officer who oversees the adoption of state-mandated data privacy requirements, in addition to existing federal requirements. The bill also proposes to put stricter requirements on 3rd party vendors who access student information. The bill awaits a Senate committee hearing.

Executive Appropriations Committee Adopts Higher Education Funding Items

The Executive Appropriations Committee adopted proposed new funding items last week. The proposed items to higher education are closely aligned to the budget priorities adopted by the Utah Board of Higher Education:

• Performance funding: $30,000,000
• Growth & capacity (technical colleges): $ 8,700,000
• Growth (degree granting institutions): $ 4,992,000
• Tech. ed tuition offset: $ 1,666,800
• Statewide mental health services: $ 3,000,000

The full list of proposed new funding items is available here.

Legislation of Interest

HB 226 – Higher Education and Corrections Council by Rep. Lowry Snow — establishes a council to advise the Utah Board of Higher Education regarding postsecondary education in Utah’s prisons. The council is also responsible for analyzing the outcomes of prison education. The bill passed the Senate Education with unanimous support.

HB 355 (1st Sub.) – Higher Education Financial Aid Amendments* by Rep. Val Paterson — streamlines many of the state aid programs administered by the Utah Board of Higher Education. This legislation is in accordance with the Board’s strategic priority to streamline state scholarships for reporting consistency, accountability and – most importantly – best assist students. The legislation also proposes to formalize regional educational pathway coordination made possible through the consolidation of the previously separate governing boards. The bill passed the Senate Education with unanimous support.

HB 390 – Early College and Concurrent Enrollment Program Amendments by Rep. Lowry Snow— wouldallow school districts to use Concurrent Enrollment funds to waive the fees associated with Concurrent Enrollment students experiencing socioeconomic disadvantage. The bill passed the House Education Committee.

HB 470 – Higher Education Residency Amendments by Rep. Jordan Teuscher – enables in-state tuitionfor international students who have applied for asylum or refugee status. The bill awaits a House committee hearing.

SB 172 (1st Sub.) Higher Education Student Assistance* by Sen. Evan Vickers — In fall 2021, the Utah Board of Higher Education voted to exit the loan servicing business after analyzing whether UHEAA should retain and refinance its portfolio or sell the portfolio and exit the market. This legislation creates an endowment managed by the Utah Board of Higher Education, the proceeds of which would be used for scholarships and student success initiatives. The bill passed the House Education Committee.

SB 226 (1st Sub.) Higher Education Data Privacy and Governance Revisions by Sen. Jacob Anderegg — requires the Board of Higher Education to establish a data governance plan for the Utah System of Higher Education. It also moves the Utah Data Research Center from the Utah Department of Workforce Services to the Office of the Commissioner of Higher Education. The bill also appropriates funds for additional staff and equipment to enhance data services. The Bill passed the Senate and awaits further consideration by the House.

legislation that passed in 2022

HB194 – Department of Corrections Education Services by Rep. Melissa Ballard – Requires the Department ofCorrections to ensure appropriate educational or career-readiness programs are made available to incarcerated women that are substantially equivalent to incarcerated men. Provide for reasonable access to resources needed to apply for grants and other financial aid for educational programs and to consider educational opportunities when making decisions regarding inmate transfers and disciplinary decisions.

HB 226 – Higher Education and Corrections Council by Rep. Lowry Snow — establishes a council to advise the Utah Board of Higher Education regarding postsecondary education in Utah’s prisons. The council is also responsible for analyzing the outcomes of prison education.

HB 238 – State Holiday Modifications by Rep. Sandra Hollins — establishes Juneteenth National Freedom Day on June 19 as a state holiday. In June 2021, the Utah Board of Higher Education adopted a resolution encouraging the observance of Juneteenth with “events that commemorate this historic time.”

HB 355 (1st Sub.) – Higher Education Financial Aid Amendments by Rep. Val Paterson — streamlines many of the state aid programs administered by the Utah Board of Higher Education. This legislation is in accordance with the Board’s strategic priority to streamline state scholarships for reporting consistency, accountability and – most importantly – best assist students. The legislation also proposes to formalize regional educational pathway coordination made possible through the consolidation of the previously separate governing boards.

HB 449 - Bereavement Leave Modifications by Rep. Rex Shipp – requires that bereavement leave be offered for employees who are affected by the miscarriage or stillbirth of child if the employee was to be the adoptive parent of the child.

SB 42 – Higher Education Performance Funding Goals by Sen. Ann Millner — codifies five-year performance goals for the Utah System of Higher Education and each institution of higher education.

SB 63 – Bereavement Leave Amendments – Sen. Wayne Harper - requires that bereavement leave be offered for employees who are affected by the miscarriage or stillbirth of child.

SB 100 – Paid Leave Modifications by Sen. Todd Weiler – requires parental leave for the birth of employee’s child, adoption of a minor child or appointment of legal guardianship of a minor child or incapacitated adult.

SB 172 (1st Sub.) Higher Education Student Assistance by Sen. Evan Vickers — In fall 2021, the Utah Board of Higher Education voted to exit the loan servicing business after analyzing whether UHEAA should retain and refinance its portfolio or sell the portfolio and exit the market. This legislation creates an endowment managed by the Utah Board of Higher Education, the proceeds of which would be used for scholarships and student success initiatives.

SB 226 (1st Sub.) Higher Education Data Privacy and Governance Revisions by Sen. Jacob Anderegg — requires the Board of Higher Education to establish a data governance plan for the Utah System of Higher Education. It also moves the Utah Data Research Center from the Utah Department of Workforce Services to the Office of the Commissioner of Higher Education. The bill also appropriates funds for additional staff and equipment to enhance data services.

Legislative Outcomes

Public Education
$124 million for a 6% Weighted Pupil increase
$12 million for full-day kindergarten

Water
$250 million to meter secondary water connections by 2030
$40 million for the Great Salt Lake preservation
$30 million for Utah Lake preservation
$5 million for grants to remove turf from residential properties
$20 million for making agricultural watering more efficient
Require new state buildings to have less than 20% turf

Transportation
$1 billion for transportation projects

Tax Cuts
$193 million cut in tax rates, social security income tax reduction and earned income tax credits

Olympic Facilities
$22 Million