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Senate debate stalls on House Bill 43 over proposed formula tying trust-land payouts to minimum school program

Utah State Senate · February 21, 2005
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Summary

Senators debated an amendment to House Bill 43 that would tie the cap on school trust-land distributions to a percentage of the state's minimum school program; a drafting error led sponsors to withdraw the amendment and circle the bill for correction.

Legislative debate on House Bill 43, which concerns the cap on school and institutional trust lands distributions to local community councils, resumed on Feb. 21 but ended with a procedural pause after a floor amendment was withdrawn.

Senator Hickman introduced Amendment No. 2, dated Feb. 18, proposing to tie the distribution cap to a percentage of the minimum school program so the cap would rise automatically as the minimum school program increases. "The purpose of this amendment is to just put it on to tie it to that minimum school program," Hickman said, explaining proponents wanted the cap to grow with school funding.

Opponents and questioners raised two practical concerns: (1) whether tying the cap to the minimum school program could allow the cap to fall in a year when the school program decreases; and (2) procedural problems with the amendment language. Senator Lisonbee (identified in the transcript as a questioner) asked whether the cap could go down if the minimum school program dropped. Senator Hickman and other supporters said that historically the minimum program had been protected but acknowledged the theoretical possibility.

Senator Stevenson characterized the floor compromise favorably, describing the amendment as a "very good middle ground" that set a cap beyond current appropriations while allowing it to increase over time.

A procedural review revealed a drafting error: the amendment referenced lines that do not exist in the first substitute of House Bill 43 on the floor. After the error was noted, Senator Hickman withdrew the motion to amend and moved to circle the bill so staff could correct the amendment and the bill text. The Senate approved circling the bill.

Next steps: HB43 remains circled for technical correction; the amendment sponsor withdrew the amendment and the Senate will take the corrected amendment or motion up when the bill is re-released to the floor.