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Utah Senate approves suite of bills on health, education and budgeting; contentious club and homeschool measures advance

Utah State Senate · February 19, 2007
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Summary

The Utah State Senate passed a package of bills Feb. 16, 2007 — including a CHIP benefits update that opens roughly 3,500 slots, a bill giving homeschool students access to extracurricular activities, and a zero‑based budgeting measure — amid debate over student club rules and accountability provisions.

SALT LAKE CITY — The Utah State Senate convened Feb. 16 for a floor session that combined ceremonial observances with a string of roll‑call votes on education, health and budget issues. Senators passed multiple measures on the consent, concurrence and third‑reading calendars and referred them to the House for further action.

The session opened with a prayer and the Pledge of Allegiance, followed by a floor guest’s recitation of the Gettysburg Address introduced on the record as Mr. Lincoln; the Senate then moved through committee reports and a busy consent calendar.

The Senate approved third substitute House Bill 218, a change to the Children’s Health Insurance Program that the sponsor said will benchmark CHIP benefits to the most commonly sold HMO and open enrollment slots. "This bill will open up a space for approximately 3,500 children who would otherwise not be able to receive the CHIP insurance option," sponsor Senator Sandra Knudson said on the floor. The measure passed by roll call, 27 yes, 1 nay, 1 absent, and will return to the House.

Education measures drew sustained attention. Senators approved a school‑district property tax amendment (second substitute House Bill 58) intended to preserve voted leeway when a district divides; that bill passed 28‑0 (one absent). The chamber also passed intent language and final passage of second substitute Senate Bill 49 to create a voluntary extended‑day kindergarten program targeted to at‑risk children.

A high‑profile floor fight centered on student‑club rules in substitute House Bill 236. Sponsors said the amendments clarify whether the bill applies to curricular or non‑curricular clubs and address member and voting rights for nonprofit water companies and other entities. Dissenting senators warned the statutory language could be used to single out particular clubs. "My fear is that this bill being passed…will be used to target a particular club, the gay‑straight alliance clubs," Senator McCoy said; he voted against the bill. Supporters argued the bill does not target a single club and that the amendments tighten definitions. The substituted bill passed by roll call, 20 yes, 8 no, 1 absent; a point of order on vote‑count presentation was raised and the Senate confirmed the official computer printout matched the 20/8/1 tally.

Lawmakers also advanced a broader fiscal‑oversight measure, Senate Bill 63, to adopt a limited zero‑based budgeting process. Sponsor Senator Wayne Niederhauser explained an amendment requiring the Executive Appropriations Committee to "evaluate the committee’s effectiveness after five years," an explicit review built into the statutory language. The bill, with the amendment, passed 20 yes, 6 no, 3 absent.

The Senate approved changes to nonprofit corporation law affecting water companies in first substitute Senate Bill 9 (motion to concur, 28‑0, one absent) and codified the Rocky Mountain Center for Occupational and Environmental Health at the University of Utah in first substitute Senate Bill 234 (29‑0), where Senator Bramble declared a consulting conflict and recorded an "aye with the conflict." A package of consent items — including House Bills 130 and 135 and House Concurrent Resolution 1 (Utah Lake Commission) — passed on the consent calendar with unanimous or near‑unanimous support.

On extracurricular access, the Senate passed first substitute Senate Bill 81, which aims to give homeschool students access to public school extracurricular activities while requiring an affidavit of academic progress for eligibility. Sponsors and supporters said the affidavit protects competitive fairness and deters gaming; opponents raised questions about parity of grading systems and long‑term transcript effects for college athletics and scholarships. The bill passed 26 yes, 2 no, 1 absent.

Votes at a glance (Senate recorded tallies): House Bill 130 — 29‑0; House Bill 135 — 27‑0; House Concurrent Resolution 1 — 27‑0; First substitute House Bill 129 — 25‑0; Senate Resolution 3 — 25‑0; First substitute Senate Bill 9 — 28‑0; Third substitute House Bill 218 — 27‑1‑1; Second substitute House Bill 58 — 28‑0‑1; First substitute Senate Bill 234 — 29‑0; Substitute House Bill 236 — 20‑8‑1; Senate Bill 63 (as amended) — 20‑6‑3; Second substitute Senate Bill 49 — 22‑7; Senate Bill 62 — 24‑3‑2; First substitute Senate Bill 81 — 26‑2‑1.

What remained procedural: most passed measures were referred to the House for its action; at least one point of order flagged a vote‑count summary discrepancy on the public bill status page, and Senate officers instructed staff to confirm the official printout matched the computer record. The Senate recessed until 2 p.m.

Sources on the floor included the sponsors and members quoted above and committee chairs who reported favorable recommendations. The session record shows sponsors offering amendments and intent language, and multiple members explaining their recorded votes during roll call.

The next procedural step for the passed measures is action or enrollment processing by the House and enrolling staff, as noted on the Senate floor.