Utah Law Developments
| Date | 01 June 2016 |
| Publication year | 2016 |
| Pages | 22 |
| Citation | Vol. 29 No. 3 Pg. 22 |
May, 2016
How to Sound Smart With Your Clients and Friends When Talking About the Legislature
A recap of the 2016 General Legislative Session
Douglas S. Foxley, Frank R. Pignanelli, and Stephen D. Foxley
After forty-five calendar days, Utah's 2016 Legislative General Session adjourned March 10.
Every legislative session has underlying issues or themes that drive deliberations and policy (especially in election years), but these generally fall into one of two categories: major appropriations changes and bills. This article will discuss the major appropriations, pick out a few of the top bills that passed (or didn't), and detail matters identified as being of particular interest to the Bar. Unless otherwise stated, all bills are effective May 10, and new appropriations will be available July 1 when the 2017 Fiscal Year begins.
Major Appropriations and Funding Issues
As the legislature prepared to meet, projected budgets surpluses were reduced. Education Fund revenues from the state income tax were up, but General Fund revenues were down. This left the overall budget essentially flat and complicated legislators' plans to fund projects important to their constituents as they headed into an election year.
Public and Higher Education
With more flexibility in the education budget, Utah increased its investment in public education by over $400 million. The state fully funded enrollment growth, plus added an additional 3% to the primary funding mechanism for education, the Weighted Pupil Unit. Utah also moved closer to funding parity between charter and district schools by increasing the property tax proxy provided to charters. The legislature gave initial approval to a major technology grant program, established a preschool option for four year olds suffering from or at risk of poverty, and put in place several changes that will increase funding to schools from the state's trust lands.
On the Higher Education front, Colleges and Universities received a 5.3% overall budget increase. The state also funded four building projects: a CTE Center at Salt Lake Community College ($42,590,500); a new Business Building at Southern Utah University ($8,000,000); a Biological Sciences Buildings at Utah State University ($38,000,000, two-year phased funding); and a Performing Arts Building at Utah Valley University ($32,000,000, two-year phased funding).
Transportation and Infrastructure
After outcry by cities, towns, and other transportation policymakers, in 2015 the legislature passed a $75 million gas tax increase to meet the maintenance and capital project demands required for Utah roads. Thus, eyebrows were raised when lawmakers agreed this year to divert about $36 million annually in funds currently earmarked for transportation and reallocate the money to water infrastructure projects. The largest water districts in the state raised concerns about unmet infrastructure needs and how to fund water projects in an era of diminished federal investment, while opponents cited environmental concerns and urged greater conservation.
The state also agreed to spend $53 million from the Transportation Fund to fund a deepwater port in Oakland, California. It proposed to fill this hole by shifting back into the Transportation Fund an equal amount of money already collected by mining and energy companies in the form of community impact fees.
Medicaid
Utah took the first step towards expanding Medicaid after three years of debating how or whether to expand the program. The agreed expansion will provide previously unavailable coverage to around 17,000...
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