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Senate approves amendment to school trust cap, places 24-hour hold after drafting error

Utah State Senate · February 22, 2005
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Summary

The Utah Senate voted to replace a fixed cap on a school trust fund with a cap equal to 1.5% of the Minimum School Program but the president placed a 24-hour hold after discovering missing amendment language; senators who opposed the cap characterized their votes as protests.

SALT LAKE CITY — The Utah Senate approved an amendment to alter the cap on a school-related trust from a fixed-dollar ceiling to a figure tied to the Minimum School Program, but the chamber placed a 24-hour administrative hold after senators discovered text missing from the adopted amendment.

Senator Hickman, who presented the amendment, said it “shifts the cap from a dollar amount to a percentage of the minimum school program” at 1.5 percent so “it will move with that minimum school program year after year” rather than remain a fixed ceiling. Proponents said the change makes the cap adjustable and aligned with program growth.

Opponents questioned the practical effect of the percentage. Senator Bell asked, “The only concern . . . is 1.5 of what number,” urging clarity about whether the base includes state-only dollars or all funding sources. Senator Stevenson responded that the Minimum School Program is well defined and that linking the cap to that program is clear; after that clarification Senator Bell withdrew a proposed insertion seeking the phrase “from all sources.”

During final passage, several senators explained “no” votes as protest votes against any cap. Senator Thomas said, “I don’t believe we should have a cap at all. So I’m gonna vote no.” Despite objections, the bill passed in recorded votes. As President Valentine explained on the floor, he placed a 24-hour hold after the body discovered that the back page of the original amendment had not been included in the version adopted; the president said he wanted the full amendment on the record and moved to have the Senate reconsider the action and redo the motion after intervening business.

The hold does not negate the recorded vote but triggers a procedural pause to ensure the amendment language on file matches the body’s action. Senators said they would reconvene to finalize the motion to amend and re-pass the bill with the complete amendment. No change in policy substance was announced during the hold; sponsors said the adjustment was clerical and aimed at ensuring the full text of the amendment appears in the legislative record.

The Senate later reconsidered and recorded a final passage vote, with senators and sponsors explaining the vote tallies and reasons for dissent. The bill will be transmitted to the House for further action as required by the legislative process.