Session ends adding $445M to education funding, passing limited Medicaid expansion

Session ends adding $445M to education funding, passing limited Medicaid expansion

(Kristin Murphy/Deseret News)


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SALT LAKE CITY — Utah's 2016 legislative session ending Thursday and lawmakers were busy to the last minute. Utah's lawmakers gave education a $445 million boost and passed a pared-down Medicaid expansion bill. State attorneys say all candidates will make the primary ballot if a judge strikes down the new election law.

All candidates would make primary ballot if judge strikes part of Utah election law, state says

If a federal judge strikes down the signature gathering requirement in Utah election law, the state would place all eligible candidates on the primary election ballot, state attorneys said in a court filing Thursday.

State House and Senate candidates who file for office, declare their intent to collect signatures and turn in a petition containing the signatures of two registered voters in the district would qualify, according to the filing.

Because the law uses the word "signatures" candidates would need to only submit two to the lieutenant governor's office, which oversees state elections.

Thursday's filing came in response to U.S. District Judge David Nuffer's order that the state and the Utah Republican Party respond to his advisory last week that the law's signature gathering thresholds for state House and Senate districts are too high and might be unconstitutional.

The Utah GOP argues in its response that if Nuffer were to strike down that provision in the law, Republican candidates could not use the signature gathering path until or unless the Legislature reset the thresholds within constitutional limits.

GOP candidates, however, would be able to seek nomination through the long-standing caucus and convention process, Republican Party attorneys say.

Nuffer found signature gathering percentage requirements in House district races range from 7.1 percent to 57.2 percent, and Senate district races range from 6.2 percent to 30.8 percent. Anything exceeding 5 percent could be found unconstitutional, he wrote.

State lawmakers considered running legislation that would have adjusted the thresholds to 2 percent or 3 percent.

Yesterday's roundup:

Session ends in mixed bag for environment, energy issues

Perhaps the most controversial environmental issue of the 2016 Legislature was the fate of a $53 million investment in a California port for Utah exports like coal, but for proponents it was a matter of pure economics.

Rep. Mike McKell, R-Spanish Fork, read a position statement issued by the Governor's Office of Energy Development urging the passage of SB246, citing support for the economic vitality of rural Utah and job creation.

McKell and others say the economic livelihood of natural resource-rich communities depends on the investment in 49 percent access in a to-be built thru port in Oakland, California, where coal, hay, potash and other Utah products can be shipped to foreign markets.

Environmental groups in California and in Utah have battered lawmakers and the state for pursuing the investment, arguing they're sinking money into a dying fossil fuel industry that is a chief cause of a warming climate.

"It's distressing that legislators will throw tens of millions of dollars in public money at a doomed scheme to prop up a failing industry, yet balk at spending any resources at cleaning up our air or otherwise improving public health and the environment," said Matt Pacenza, HEAL Utah's executive director.

Utah schools get $445M funding boost, new direction for leadership elections

Utah's 2016 legislative session ended Thursday with $445 million in new money for public and higher education, exceeding Gov. Gary Herbert's budget request for schools by more than $20 million.

With the budget, lawmakers passed legislation bringing other changes to classrooms, including more opportunities for preschool, a classroom technology grant program, changes to end-of-level testing policy and other issues.

Lawmakers dedicated two-thirds of Utah's new revenues to schools, adding to last year's total budget for K-12 and higher education of nearly $6 billion. That brings the state's total funding increase for education in the past five years up to $1.7 billion.

"I applaud the Legislature," Herbert said. "We have reason to be very optimistic about the future of Utah when it comes to the economy because of the funding that we're putting into education."

For K-12 schools, the new budget adds about $80 million — a 3 percent increase — to the weighted pupil unit, Utah's distribution system for per-pupil funding. In each school, that money could lead to more teachers, higher compensation for educators, better classroom facilities and other local needs.

That increase fell short of what some requested. In his budget proposal, Herbert asked for a 4.75 percent increase to the weighted pupil unit. The Utah State Board of Education requested a boost of 3.5 percent, and the Utah Education Association asked for a 5 percent increase.

Utah lawmakers extend Medicaid to state's poorest, stymie medical marijuana plan

The Legislature finally reached agreement on Medicaid expansion, one of last year's most contentious issues, voting in the final days of the 2016 session to extend the federal assistance program to the "poorest of the poor."

HB437, from House Majority Leader Jim Dunnigan, R-Taylorsville, passed the Legislature with little drama, supported by community, business and political leaders, including the Democratic mayors of Salt Lake City and Salt Lake County.

Democratic lawmakers, however, said the bill extending traditional Medicaid to some 16,000 Utahns who are homeless, in the criminal justice system, or have substance abuse or mental health issues, didn't go far enough.

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Minority party members unsuccessfully pushed for the state to accept the full Medicaid expansion available under President Barack Obama's signature health care law to cover more than 100,000 Utahns and have vowed to continue the fight.

Gov. Gary Herbert said Thursday he will sign the bill.

Legislature eliminates legal counsel requirement for disabled adults if parents seek guardianships

Utah will no longer require that disabled adults whose biological or adoptive parents petition courts to become their legal guardians have their own legal counsel under a bill passed Thursday by Utah lawmakers.

HB101, which was opposed by members of Utah's disability community and the Utah State Bar, gives judges the final say whether a potential ward needs legal representation in a guardianship proceeding.

The bill, sponsored by Rep. Fred Cox, R-West Valley City, says the exception applies only to guardianship petitions filed by biological or adoptive parents and if the potential ward's assets are less than $20,000.

"The court must be satisfied that counsel is not necessary in order to protect the interests of the person," said Sen. Daniel Thatcher, R-West Valley City, speaking in support of the bill.

Contributing: Dennis Romboy, Amy Joi O'Donoghue, Morgan Jacobsen, Lisa Riley Roche, Marjorie Cortez

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