S.B. 54 Carson Smith Opportunity Scholarship Program Amendments: transcript
Everything said about this bill in committee and on the floor, speaker by speaker. Each time links to that moment in the official video. Back to the bill: summary and every vote →
Transcribed from the Legislature's recordings by software, with speakers identified from the video; it can contain errors. Check the recording before quoting anyone.
House Education Committee, Feb 26, 2026
- Committee chair (Rep. R. Neil Walter)2:03:01
We're here to hear House Bill, Senate Bill 54 Carson Smith Opportunity Scholarship Program Amendments. The floor is yours. Thank you. It is now I,
- Sen. Lincoln Fillmore2:03:12
I appreciate you accommodating me. Thanks for, um, putting this on the agenda. I'm happy to be here. Um, so, uh, you get the Carson Smith program has been around, I think, since 2007. Long time, uh, no, 2004. So this is like our, our oldest scholarship program. It's a, it's a great program. Um, since Utah fits all has passed, we've been working to make some amendments to try to create uniformity in the definitions between programs and making some other changes. So let me just talk to you about what I think are technical, not policy changes in the bill. Um, first of all, Carson Smith has always been a, a, um, a, a program for students with disabilities. Um, and a couple of years ago, in an effort to try to match things with Utah fits all, we added the same income requirements. But that ended up kind of defeating one of the purposes of the Carson Smith scholarship, which is to ensure that students with disabilities are funded for those disabilities. So this kind of takes us back to the status quo ante of funding students based on the severity of their disability rather than family income. Uh, several years ago we put in, uh, sibling eligibility for, uh, for this program, uh, so that kids could attend the same school. Uh, but now that the Utah fits all is out, that's, uh, un unnecessary. So, um, again, so what we're doing here is basing scholarship amounts on disability, removing eligibility for students, making consistent definitions with Utah fits all, so that all all scholarship programs are operating under the same definitions. Does that conclude your presentation? This is Ronnie Daniel, uh, uh, he's, uh, he represents Children first education fund. First education fund. That's the administer the administrator of the program. Uh, he may want to add a thought or two.
- Committee chair (Rep. R. Neil Walter)2:05:05
Yeah. Thank you very much. Please go ahead, Ronnie. Yeah.
- Ronnie Daniel, Executive Director, Children First Education Fund2:05:07
Appreciate you've been here, chair Walter. Appreciate you, uh, uh, considering this bill. Uh, my name again is Ronnie Daniel. I'm the Executive Director of Children First Education Fund and we are the nonprofit scholarship granting organization that's been selected to administer the Carson Smith Opportunity Program. This program was created by the Utah legislature for students with disabilities to give them real education options, whether that means a qualified private school or a homeschool setting with specialized support. And I'm just here to report that this program is working and it's growing fast. Over the last few years, demand has surged the number of scholarship recipients grew from 357 in 2023 to 775 in 2024, which is 117% increase. And this year, uh, we are supporting a 1,403 students, which is an 81% growth. Over the prior year, we've awarded over 13 million. I'm sorry, can you give us those numbers again? 3 57 When? 357 in 2023. 7 75. And 2024. And 1,403 in, in this year. And, uh, we also still have another 200 plus kids on a waiting list that would like to be in the program this year. Um, we've awarded over 13 million in scholarships for this past school year, for this current school year. We're also seeing extraordinary donor engagement. Uh, the original cap tax credit cap established by the legislature was 5.94 million, uh, for for 2025. And I'm excited to say that we reached 100% of that cap, uh, which triggered in the law, the, uh, cap to increase to 13.48 million for 2026. Um, and importantly, the program is built to maximize dollars to families. State law requires that at least 92% of all the funds raised, um, be spent on scholarships with a limit of 5% for administration and 3% for marketing and fundraising. And each year of the program's existence, children First Education Fund has been audited by the state auditor's office. And I'm proud to report that each year we have been shown compliant to this requirement. All other statutes that are governing this, uh, this law, this program, um, Senator Fillmore, uh, talked about all the components of the, of the bill. So I want to reiterate that, but I just want to, uh, ask each of the members of the committee to consider SB 54. This is a responsible keep it working bill. It simplifies the program strengthens accountability, facilitates increased donations, and helps to serve more Utah students with disabilities efficiently as demand grows. So on behalf of the families we serve, I respectfully ask you to vote in favor of passing SB 54 through your committee. Thank you. And I'd be happy to answer any questions that anyone might have about the program.
- Committee chair (Rep. R. Neil Walter)2:07:38
Alright, thank you. We do have a few questions. We're gonna go to Representative er
- Unknown speaker2:07:43speaker not certain
Go. Yeah, I just had a couple questions about the, um, sibling preference part of it. Um, I do love the idea of the sibling togetherness and it was mentioned that that was being taken away because of Utah fits all. Does that mean that they will have a preference of getting a Utah fits all scholarship so that they can continue to go to the same schools together?
- Ronnie Daniel, Executive Director, Children First Education Fund2:08:00
I'll, I'll answer that question in two ways. The first of those is to say that even though we put this preference in, it was never used because it could never take priority over a student with disabilities. And so as he's outlined, the demand for the program has just grown so much that there actually never were any scholar. Any, uh, any funds left over for siblings? Uh, second, no, there's not currently in Utah, it's all a preference for Carson Smith scholarship siblings to be able to get them.
- Unknown speaker2:08:26speaker not certain
Interesting. Okay. Um, and then, so there's no number of siblings that will be impacted by this because there are no siblings? That's correct. Receiving scholarships? Correct. Yeah. Okay. Thank you.
- Committee chair (Rep. R. Neil Walter)2:08:36
Thank you. Representative Voxer. Representative MacPherson.
- Rep. Matt MacPherson2:08:39
Thank you, Mr. Chair. And just because I'm not as familiar with the Carson Smith, but this is mostly private donations almost entirely. Right. And so we're just changing, 'cause I know there's the state component of how this is playing out. So the, the changes we're making is just so that those private donations can go to more eligible, uh, children, right? That this isn't trying to expand, uh, any state obligations that may exist. No, there's no fiscal note attached to this. Um, the, the, in the, in the current law, it's built in for the fundraising cap to increase if we reach 90% or more of the cap in that given year. Okay. Thank you.
- Committee chair (Rep. R. Neil Walter)2:09:19
Thank you Representative Peck.
- Rep. Nicholeen P. Peck2:09:22
Thank you. So you've mentioned that it's growing and either I didn't hear it or maybe it wasn't said, but I'm just wondering what's the percentage of that growth? And by the way, um, to the good sponsor, I noticed that you are lucky enough to get the SB 54 4 number. It's fine. That's just so lucky. Anyway, um, happy to see it being a, a good topic. Yes.
- Ronnie Daniel, Executive Director, Children First Education Fund2:09:47
So yeah, as far as percentage of the students, uh, from homeschool to private schools, is that their number? So currently we serve about 37% of our students are homeschool students and the re are going to a private school.
- Committee chair (Rep. R. Neil Walter)2:10:01
Alright, thank you. I see no more questions or the members of the public that are here to speak to the proposed legislation. I Think there are Ms. Mr.
- Sen. Lincoln Fillmore2:10:08
Chair, we're happy to have Cheryl Smith here who is Carson Smith's mom, and I know that she would like to say some words.
- Committee chair (Rep. R. Neil Walter)2:10:14
That's fantastic. Welcome. So just for the record, please state your name and if you, uh, any and who you represent, if any. But we're happy to have you here for public comment. Thank you.
- Cheryl Smith, mother of Carson Smith2:10:25
Thank you. I'm Cheryl Smith, Carson's mom. Some of you have been around a long time and most of you are new to me, but he's 27 now. Large and in charge still requires a lot of supports. And, um, back when I started this, yeah, like when he was four, it became painfully obvious to me that I wasn't gonna be able to afford the services that he needed. His tuition at Pingry for kindergarten was more than my son's tuition at medical school at the U And Carson's never gonna graduate from autism. So because we were a middle income type of family, financially, I couldn't qualify for any of the state funded services. And because we were a middle income family, I couldn't afford to pay for 'em. And that's why I started Carson Smith. And it was never based on income, it was always based on disability. Because every kid with a disability deserves to have the help they need. And, you know, parents of special needs are just trying to keep their head above water. So whether you have enough money or you don't, I mean we still need that help for our disabilities, our disabled children. I've had many providers approach me and say that the application process was onerous as well because of the income requirement. So I appreciate Senator Fillmore coming today to take that income requirement off. That was never the intention of the Carson Smith. Thank you.
- Committee chair (Rep. R. Neil Walter)2:11:52
Thank you. Are there other, any other members of the public to speak to the proposed legislation all seeing none. Do we have any online? All right. Seeing none, we'll return to the Committee for action items. Representative Peck,
- Rep. Nicholeen P. Peck2:12:07
Uh, there's not a sub or anything, right? We're just good. Kay. I move that we favorably recommend SB 54.
- Unknown speaker2:12:14speaker not certain
She will never say those words again. I think that you might be right, Senator. That's why I had to this time.
- Committee chair (Rep. R. Neil Walter)2:12:24
Alright. Alright. That motion is in order. Uh, so would you like to speak to that motion?
- Rep. Nicholeen P. Peck2:12:31
No, I waive. Alright. Thank you.
- Rep. Carol S. Moss2:12:33
Uh, to the members of the committee, Representative Moss You, um, I support this bill, but I, I just feel compelled to say that Cheryl is one of my heroes and I remember Carson Smith as a little boy, little brown eyed boy right. Sitting in committees and he's a very large young man now, right? And I, um, what she and other parents did in terms of lobbying, was it autism speaks, but that got insurance. It was partly, partly, but I've never seen a group of parents lobby more effectively than the, than they met with individual legislators and brought their kids. And, you know, it changed my whole way of thinking about families with kids with disabilities and you have them their entire life. And, um, they live much longer. My cousin has 42-year-old Down syndrome. She was involved in, she was in the legislature too, Tricia Beck. So I just, um, really commend Cheryl and all those, and thank you, uh, Senator for doing this because they really want their kids to get this kind of developmental help and it's really important. Thank you.
- Committee chair (Rep. R. Neil Walter)2:13:47
Thank you. Alright. Uh, we're gonna go back to the sponsor.
- Sen. Lincoln Fillmore2:13:51
I will waive. Thank you so much.
- Committee chair (Rep. R. Neil Walter)2:13:52
All right. Thank you. Uh, Senator Fillmore to the maker of the Motion Representative Peck Waive Motion before is to recommend favorably SB 54 Carson Smith Opportunity Scholarship Program Amendments. All in favor, please say Aye. Aye. Aye. Any opposed? That motion carries unanimously. Uh, that concludes our business for the day. We'll entertain one final motion. Motion to adjourn. Thank you Representative Hayes. The motion is before us is to adjourn. All in favor, please say aye. Aye. Aye. Any opposed? That motion carries unanimously. We are adjourned.
Senate Education Committee, Feb 3, 2026
- Sen. Lincoln Fillmore42:25
Senator Filmer, Carson Smith, opportunity Scholarship Program Amendments. So, do you have a substitute or It's for the next one. Oh, okay. Oh, okay. That one's, this is crossed out 'cause it, okay. Okay. Go ahead. Thank You. Uh, uh, joining me is Ronnie Daniel. He, um, is with the Children First Education Fund Education Fund. They administer the program on behalf of the State Board of Education. So Carson Smith, special Opportunity, special Scholar, sorry. This bill is, uh, it does two base, well, a couple of basic things. It, um, because this is a, a scholarship for students with a disability, it has always been the case that the amount of a scholarship was based on the severity of a disability. Uh, and then in one of my earlier bills, like I think two years ago, in an effort to try to align this more with the Utah Fits All scholarship, we took that out. And that was a mistake on my part. We're just restoring that, that the scholarship will be granted not based on family income, but based on the severity of a disability. 'cause this is exclusively for students with disabilities. And when I say exclusively, it's because on line 10, we're removing scholarship eligibility for a sibling. Some time ago we had, uh, we made siblings eligible for this so that siblings could attend school together. But with Utah fits all, now there's not a need for that. And so that's being removed. Those people, if they wanna apply, they'll just be directed to Utah fits all, and they can still go to the same school. Uh, and then finally, uh, it aligns. The scholarship with Utah fits all in several ways that you'll see outlined there in the long title. Uh, we're just kind of seeking uniformity and clarity within the scholarship as exists for students with disabilities as well as for general ed students. Uh, did you want to add here? I'll, I'll turn the rest of the time to Ronnie to say a few things, but remember to keep it short because this is a Fillmore presentation.
- Ronnie Daniel, Children First Education Fund44:19
Thank you, chair Johnson and the committee. I appreciate you listening to me and I'll just be brief. My name is Ronnie Daniel. I'm the Executive Director of the Children First Education Fund. Uh, CFEF is the state's nonprofit scholarship granting organization selected to administer the Carson Smith Opportunity Scholarship Program. And this program was created, uh, uh, by the Utah State Legislature to give students with disabilities, um, real education options, whether that means attending a private school or being part of a homeschool setting with specialized support. And I'm here just to report that this program is working and it's growing fast. Over the last few years. Demand has surged. The number of scholarship recipients grew from 357 in 2023 to 775 in 2024. And that year we had over 250 kids on a waiting list that we couldn't serve. This year, we're serving, uh, 1,401 scholarship students, which is an 81% increase over last year, and have awarded over $13 million in scholarships. And we have currently 230 students on a wait list. We're also seeing extraordinary donor engagement. The original tax credit cap established by the legislation was 5.94 million in for 2025. And I'm excited to say that CFEF has reached 100% of that cap triggering an increase in the cap, uh, in 2026 to 13.4 million under the existing state statute. And importantly, the program is built to maximize dollars to families. The state law requires that at least 92% of all the program revenue be spent on scholarships with 5% limit on administrative expenses, and 3% for marketing and fundraising expenses each year of the program's existence. CFEF has, um, had, has been audited by the state auditor's office, and I'm proud to report that each year we have been shown to be compliant to this requirement and all other state statutes covering the program. Senator Fillmore, we're grateful for his sponsorship of this bill. He is reviewed, uh, most of the, the key components, and if there's any questions about the program or the bill, I'm happy to respond to those as well. Thank you for your time. Thank you. We're done.
- Sen. John D. Johnson (committee chair)46:21
Senator Rebe, you've got questions. We're gonna come to the committee for clarifying questions.
- Sen. Kathleen A. Riebe46:26
Thank you, Mr. Chair. Uh, you mentioned the scholarship program and how it fits in with Utah fits all. Utah fits all is, um, currently in litigation and it's going to have a ruling on, I think February 16th if we're changing. Is there any change here that would be impacted by the ruling of Utah, Al because you kind of mentioned that it, it's compensated, compensated in Utah fits all, but if Utah AL doesn't go through, then are we gonna put people in harm's way with the changes in the spill?
- Sen. Lincoln Fillmore47:00
Uh, no. The, uh, Mr. Chair, the Carson Smith Opportunity Scholarship is not a party to that, uh, lawsuit.
- Sen. Kathleen A. Riebe47:07
Maybe I didn't ask my question. Do you mind if I have a follow up? Go ahead. Thanks. So you mentioned that some of the people that were impacted by this would be captured by the Utah fits all. So are we changing anything in this bill that would no longer capture them here and they would rely on that one that might not be there? So I thought that's what you said when you were presenting Your bill. So in, in the current
- Sen. Lincoln Fillmore47:27
bill or current law, um, any siblings of scholarship students that attend the same school could receive a partial amount, uh, for that. Um, but we haven't been able to award any sibling scholarships for the last three years because we've had a surplus of kids with special needs. Uh, so we haven't been able to do that. And so moving forward, I I would highly doubt that we'd be able to support any sibling scholarships moving forward. 'cause we have that many students with special needs that want the scholarship. So the idea that they could go to, to Utah fits all and get that if it's, if it's there and available, would be the benefit.
- Sen. Kathleen A. Riebe48:00
Thank you. I appreciate that.
- Sen. John D. Johnson (committee chair)48:03
Any other clarifying questions? Seeing none, we're gonna go to members of the public. Anyone want to comment on this? Bill?
- Unknown speaker48:13speaker not certain
I, uh, Mr. Chair, I think that I have two people, uh, online who told me that they would Be here. Okay. Do we have people online? Yeah, we've got Emily Nehouse. I guess if nobody's coming up.
- Sen. John D. Johnson (committee chair)48:22
Okay. Emily, uh, go ahead. State your name for the record and, and then we've got, Jennifer is going to be up too. Okay. Go ahead.
- Emily Niehaus48:35
Hi. Thanks everybody for, uh, allowing us to zoom in. It's a four hour drive from Moab one way, so I appreciate it. Um, I am actually gonna make two, two comments. One from me and one from Cheryl Smith. So she's the mother of Carson Smith, um, who this scholarship, uh, is, uh, is, um, named after. Um, and she has me reading something. So, sorry, bear with me. Um, let's see. She started, uh, I'm speaking for Cheryl Smith, Carson's mother. She started this scholarship 22 years ago because she didn't qualify financially for services, and she didn't make enough money to pay for what Carson needed. This scholarship was always intended to be based on disability, not income. In addition, the financial requirement makes the application process difficult for many of our families. We appre appreciate Senator Fillmore for opening a bill to make that right. Right. Again. And I just wanna echo, um, the support of SB 54 and the gratitude to Senator Fillmore for opening this bill and making these changes. Um, uh, I support all of the changes that are made, and I do hope that this bill passes without any substitution. That's all. Thank you. Hey,
- Sen. John D. Johnson (committee chair)49:57
Ho, hold on a second. We've got, uh, Senator Mikel wants to ask you a
- Unknown speaker50:02speaker not certain
Question. All right, mayor Emily, it is a four hour drive, but what, what I wanna know is why you didn't make it and why you didn't bring Oscar to the Capitol.
- Emily Niehaus50:10
We were, uh, actually there last week for Sundance, and so we were there all last week. And, um, I was hoping that this bill would be seen in committee last week, but it wasn't. So I'm
- Unknown speaker50:24speaker not certain
Well, we love Oscar and tell him hi for All of us. Thank you. I will. He's graduating here, so Oh, that's Awesome. Last year. Thank you.
- Sen. John D. Johnson (committee chair)50:33
Thank you very much. Uh, Jennifer, are you there?
- Jennifer Stout50:40
Hi, yes. My name is Jennifer Stout and I'm testifying, um, for myself. Um, I have a son with a disability and I just wanna, first of all, just say, uh, thank you for this bill. It has been a huge help for me as a single mom. Um, I did just want to bring up one point that I guess would be a request for maybe an amendment when it comes to disabilities for children. Um, I'm also a early childhood education researcher for Voices for Utah Children, but I'm speaking on behalf of myself right now. Um, we know that the earlier a child can get help with disabilities, the better their future outcomes are. And for this scholarship, I'm confused because kids who are under five years old get way less of a percentage of the scholarship, and that's the most crucial time for kids with disabilities. And, um, kids who are K and older have different opportunities such as Utah fits all public education, where kids five and younger, there really is no free option for them. And so this affects a lot of children. And so I would just request that funding could also be equal to kids with disabilities under the age of five.
- Sen. John D. Johnson (committee chair)52:23
Thank you very much. Appreciate your comments. Okay. Uh, are there any other people that wanna testify to this Bill? Seeing none. I'm gonna come back to, uh, members of the Committee for Action.
- Sen. Lincoln Fillmore52:38
Senator Fillmore. Thank You, Mr. Chair. I move that we favorably recommend Senate Bill 54.
- Sen. John D. Johnson (committee chair)52:43
Thank you. So the motion on the table is favorably recommend Senate Bill 54. Any discussion to the motion? Huh?
- Unknown speaker52:54speaker not certain
Yeah, you have a hard time voting for SB 54 to tell you the truth, but not this one.
- Sen. John D. Johnson (committee chair)53:01
So, uh, any other com comments to the motion? Uh, let's come back to Senator Fillmore. To sum,
- Sen. Lincoln Fillmore53:11
Uh, I'll waive. Thank you so much. I think the public comment said it as well as I could.
- Sen. John D. Johnson (committee chair)53:15
Okay. So the motion on the table is to send out SB 54 Carson Smith Opportunity Scholarship Program Amendments with a favorable recommendation. All in favor say aye. Aye. Aye. Any opposed? The chair rules? That is unanimous. Thank you very much.
Senate floor, Feb 20, 2026
- Sen. Lincoln Fillmore2:55:36
One of those is it removes sibling eligibility that was important when there was not another scholarship option. But now that there is, that's no longer necessary. So we remove that and it also, uh, would base funding award the, the amount of a scholarship based on the severity of a student's disability rather than family income, which is much more appropriate for a, a scholarship program designed to benefit students with disabilities. That concludes my presentation, Mr. President.
- Speaker (presiding)2:56:03
Thank you. Uh, Senator Fillmore. Any discussions or questions to the bill? Seeing none. Back to you.
- Sen. Lincoln Fillmore2:56:12
Senator Fillmore for formation or motion? Yeah, I move that Senate Bill 54.
- Speaker (presiding)2:56:16
Be read a third time. The motion before us is shall Senate Up Bill 54, be read a third time. Roll call vote. Senator Vickers Baldy Aye. Lein brammer bus. Aye. Colmore Aye. Escamilla. Aye. Fillmore Roper Harper Hankins Aye. Ipson Johnson. Aye. K Juab McKay Aye. Mikel Milner Musselman Owens pitcher Plum Rebe Sandal Stevenson Aye. Stratton Bickers Aye. Weiler Aye. Wilson Aye. Winterton Aye. President Adams Senate Bill 54 Carson Smith, opportunity Scholarship Program of Amendments. Having received 22 I votes one nay vote six being absent will be read a third time back to you.
- Sen. Lincoln Fillmore2:57:32speaker not certain
Senator Fillmore. Motion Substitute.
- Speaker (presiding)2:57:40
Would you give us that call one more time, please? Yeah. Uh, first substitute Senate bill 85 First substitute Senate bill 85 oh, there it is. Okay. First substitute Senate Bill 85. Excellence in Education and Leadership. Supplement modifications, Uh, Motion be forced is to encircle for Sub sub Senate bill 85. Any any discussion to that motion? Seeing none, I'll place the motion to Uncer for sub Senate Bill 85. All those in favor say aye. Aye. Any opposed? I rule that motion passes to the bill. Senator Fillmore.
- Sen. Lincoln Fillmore2:58:18speaker not certain
Thank you Mr. President Pro Tem.
Senate floor, Feb 23, 2026
- Sen. Lincoln Fillmore1:15:40
Um, this is just kind of some language consistency. Uh, the major policy changes here are removing the eligibility for non-disabled siblings to qualify for a spec for a Carson Smith special needs scholarship. There once was a reason for that, but not anymore. Uh, and then it also, um, places the amount of scholarship rather than being based on income, based on the severity of a child's disability. Other than that, the changes here are just in language consistency between scholarship programs.
- Presiding officer1:16:16
Thank you for that presentation. Is there discussion to the bill? Senator Rebe?
- Sen. Kathleen A. Riebe1:16:21
Thank you Mr. President Pro Tem Has the sponsor yield for questions?
- Presiding officer1:16:24
Will you yield secretary? Sure. Yes, go ahead.
- Sen. Kathleen A. Riebe1:16:28
Thank you. On line, uh, 2 0 4, it says that the amount given is gonna be 2.5 multiplied by 2.5%. Uh, weighted people unit is gonna be multiplied by 2.5. Excuse me. Um, is that an increase to how much these people are getting or is that a, um, decrease? I couldn't really understand
- Presiding officer1:16:49
where that number was coming from. No. Senator
- Sen. Lincoln Fillmore1:16:51
Fillmore, it's al it's always been 2.54 students with higher levels of disability. Thank you. It's, It's, which is consistent with the amount of funding received if they stayed in public schools.
- Sen. Kathleen A. Riebe1:17:01
Thank you. Thank you. And my second question is about line two 15. Um, it says for a part-time enrollment, the value of the weighted people unit is 0.5. So a Carson Smith person can be a part-time enrollee of that program. That's my question.
- Presiding officer1:17:22
Senator Fillmore. Mr.
- Sen. Lincoln Fillmore1:17:23
President, this envisions like a half day kindergarten student.
- Presiding officer1:17:27
Thank you. Thank you. Further discussion of the bill. Say none. Senator Fillmore back to you for summation or a motion.
- Sen. Lincoln Fillmore1:17:34
Thank you Mr. President. Um, I think I will move that Senate Bill 54 pass. And the question is, shall Senate bill 54 pass Roll call vote.
- Senate secretary1:17:44
Senator Vickers Baldry Lein Bram boss Aye. Comore Aye. Escamilla Aye. Fillmore Aye. Grover Harper Aye. Kins Aye. Ipson Aye. Johnson k Juab McKay Aye. Mikel Milner Musselman Owens pitcher Thumb Rebi Sandal Stevenson Stratton. Yes. Bickers Bier Aye. Wilson Aye. Winterton President Adams
- Presiding officer1:18:45
Senate Bill 54 Having received 20 a votes, five na votes, four being absent passed the Senate be sent to the house for further consideration.
- Presiding officer1:18:54
First substitute Senate bill 85. First Substitute Senate bill 85. Excellence in Education and Leadership. Supplement modifications. Senator Fillmore. Senator Fillmore. Motion to circle. Motion to circle Discussion. That motion saying none. All in favor say aye. Aye. Aye. And Opposed? That bill is circled. Second substitute Senate Bill one 92nd Substitute Senate Bill one 90 Trailer
- Presiding officer1:19:21
registration Amendments. Senator Brammer. Senator Brammer.
- Sen. Brady Brammer1:19:28
Thank you. So what this does is it, uh, allows a party to, if a person has a trailer, this is a non-commercial trailer, they can pay, uh, four times the yearly fee
House floor, Mar 5, 2026
- Speaker (presiding)1:08:34
Senate bill 54 Carson Smith, opportunity Scholarship Program Amendments by Senator Fillmore. This bill was heard in education with the vote. 10 0 5. The House sponsors Representative Walter, Representative Eliason. Motion to circle the sponsors not on the floor. Motion is to circle. All in favor say aye. Both say no. Motion carries. The bill is circled matter. Meeting clerk
House floor, Mar 5, 2026
- Speaker (presiding)1:18:03
Discussion to the motion, seen none. All in favor say aye. Aye. Opposed? Saying no. Motion carries the bill as Uncircled Representative Walter.
- Rep. R. Neil Walter1:18:12
Thank you Mr. Speaker. I move that we adopt substitute three to SB 54.
- Speaker (presiding)1:18:18
The motion is to adopt third substitute Senate bill 54. That's in order. Would you like to speak to it?
- Rep. R. Neil Walter1:18:23
I would. The third substitute, uh, clarifies a couple of very specific things. Uh, the first one is it allows somebody who is utilizing the tax credit that goes, that funds the Carson Smith, uh, scholarships, uh, to be able to designate the tax year, uh, that they are going to apply them, um, up until April 15th when the tax returns are due. And the second thing it does is it prevents double dipping on the tax return, uh, for, uh, federal and state. So you can either, you, you, you can't double dip on both federal and state, uh, tax credits. Thank you, Mr. Speaker.
- Speaker (presiding)1:19:00
Thank you. Representative Walter proposes to adopt third substitute Senate Bill 54. Discussion to the motion. Seeing none, Representative Walter for summation I'll waive Submission Is waived. The motion is to adopt third substitute Senate Bill 54. All in favor say aye. Aye. Aye. Opposed? Say no. The motion carries. The substitute is adopted. Representative Walter to the bill.
- Rep. R. Neil Walter1:19:23
Thank you Mr. Speaker. Pro Tem. Uh, the Carson Smith scholarship program was created to help, uh, individuals with special needs, uh, provide a customized education option for them. Many of you're familiar with Utah Fits all. Uh, the, the Education Scholarship Program, the Carson Smith program, uh, predates, uh, the, the, uh, Utah fits all. In fact, it was created, um, in 2007 and, uh, it really, it really provides for a customized, uh, education experience for individuals with, uh, some of, uh, the most difficult, uh, challenges and disabilities in this context. Uh, the bill has always been pro funded through, uh, tax, uh, credits that are essentially a income tax credit in the state of Utah. It's, it's an option that people get to choose if they want to allocate funds to this particular, uh, this particular program last year, uh, in the Carson Smith program, we made some, we made adjustments to align it in terms of the reimbursement rates and programmatic structures to, uh, we aligned it to Utah fits all. Um, it was thought that that would be a good idea, but what we've come to understand better this year is that individuals with, uh, dis disabilities have different needs and it authorizes, uh, the program to allocate resources, uh, uh, differently. Instead of having one funding mechanism and fund one funding allocation. Uh, that in a lot of ways is consistent with what we do in public education when we support, when we support, uh, youth and children with disabilities where, um, uh, some are in need of, uh, more significant resources than others. Um, I'll just mention a couple of other things that I think are, uh, important. The, the program is widely used. Uh, there are, in 2023, there were 357, uh, youth participating in 2024, there were 775 youth participating in, sorry, in 20 24, 775. And in 2025, there were 1,403 youth participating and there's 200 kids on the waiting list. Um, one of the things that this bill also does is it, uh, eliminates sibling enrollment. Sibling enrollment was an option for the Carson Smith program, but because of the Utah Fits All program, uh, the sibling enrollment, uh, feature is not being used. We have zero siblings enrolled in the program. And so that's being eliminated. Uh, with, with that Mr. Speaker, that concludes my presentation and I'm open to questions from the body.
- Speaker (presiding)1:21:54
Thank you Representative Walter discussion to the bill Representative Shallenberger.
- Rep. David Shallenberger1:21:59
Thank you, Mr. Speaker ProAm, I'd like to reserve the right to make a motion.
- Speaker (presiding)1:22:03
So noted. Go ahead.
- Rep. David Shallenberger1:22:04
Uh, is the floor sponsor open to a series of questions? Representative Walter, will you yield to a series of questions? I will. Go ahead. Thank you. These are pretty, uh, simple questions, but important questions. Um, I'm wondering if with this SB 54 bill, is this the proper role of government?
- Rep. R. Neil Walter1:22:25
Uh, thank you for the question. Uh, I think in this particular case, uh, this is a great use of our scholarship funds. So this is a scholarship, it's not a program that's funded through public education funds. Uh, it is a, uh, it's a great program to help, uh, youth who need a customized experience in education. And, uh, I think it's a, I think it's a really, it's a precursor to what we have established and, uh, have strong support in the state of Utah, which is now the, uh, Utah fits all program. Uh, but the answer is, uh, I do think this is the proper role of government. Thank you, Mr. Speaker.
- Rep. David Shallenberger1:23:05
Thank you. One more. Is, uh, does this have any, uh, rulemaking authority in it?
- Rep. R. Neil Walter1:23:10
It does not. Thank you, Mr. Speaker. Uh, rulemaking authority is a, uh, concern and this bill does not have any rulemaking authority in it.
- Rep. David Shallenberger1:23:20
Thank you. To my motion. I'd like to make a motion to table SB 54.
- Speaker (presiding)1:23:26
Okay. That's, uh, interesting. But that's out of order. On the house floor,
- Rep. David Shallenberger1:23:33
I'd like to make a motion to circle SB 54.
- Speaker (presiding)1:23:37
So you're withdrawing your motion to table and replacing motion to circle?
- Rep. David Shallenberger1:23:40
Yes.
- Speaker (presiding)1:23:48
Okay. As somebody up here recently said, when you reserve the right to make a motion, you can do two things. You can amend the bill or you can offer a substitute to the bill. You cannot circle under reserve the right to make a motion.
- Rep. David Shallenberger1:24:03
Okay. I could just make, okay, I'll, I'll just take it back and comment if I,
- Speaker (presiding)1:24:07
You withdraw your motion. Draft up? Yes.
- Rep. David Shallenberger1:24:09
I'll go ahead. Motion. Um, I pledge to all my constituents if given the opportunity to kill SB 54, I would take the opportunity to kill SB 54. And I can't take this, uh, opportunity lightly. I take it seriously. And, uh, I cannot support this bill for that reason.
- Speaker (presiding)1:24:34
Thank you, Representative Shallenberger further discussion to the bill. Representative Moss.
- Rep. Carol S. Moss1:24:43
Thank you, Mr. Speaker Pro Tem. I'm speaking to the bill now, is that correct?
- Speaker (presiding)1:24:47
You are. We're in discussion to the bill.
- Rep. Carol S. Moss1:24:49
Okay, thank you. I stand in support of this bill, and I wanna give you just a little bit of history. I was in the legislature when Cheryl Smith brought her son Carson to committee, and we first talked about this Carson Smith. He was about scholarship. He was about six years old, a darling little boy with big brown eyes, and he has autism. He's now in his thirties, and he's a very large man, tall and weighs over 300 pounds. And his mother, who dearly loves him and his family, has suffered concussions and lots of things have happened because he doesn't always know how to control his, his emotions. But that was when the Carmen b Pingry school was in place. And many parents rallied up here and did something I've rarely seen, and they helped get insurance for children with autism. And it was the remarkable people led drive that made a huge difference. Just remember that children with severe disabilities live much longer these days, may even outlive their, their parents. And it's not easy to have a child with a disability. And this now is in a different place. But I urge you to think about families with children with severe disabilities and what a difference it makes in their lives because they have lives to leave. They have children, they have grandchildren, but they'll always have that child with them and they love those children. So I urge you to support this because I've seen the all the good it's done and how it's helped families just survive in situations like this. Thank you.
- Speaker (presiding)1:26:40
Thank you, Representative Moss. Further discussion to the bill. See none Representative Walter for summation.
- Rep. R. Neil Walter1:26:47
Thank you, Mr. Speaker. Pro Tem. I assure the body this SB 54 is not that SB 54, uh, you can with full faith and confidence, uh, expressed to your, uh, expressed to your constituents. Uh, this is a great program. This is a program that's been around for a long time. This is a program that, uh, helps, uh, kids who are in the, the most need. Uh, it is a program that, uh, is growing and it's a program, uh, that is, uh, used as a funding mechanism that is not only unique, but it's highly effective. Um, I, I, I want to, uh, uh, ask the colleague support or my colleague support, uh, for the ability to essentially revert the, the funding mechanism, not the funding mechanism rather, but the, uh, the amount of funding and the way that we allocate, uh, money to our young people that are participating based on their need. The way that it has been from 2007 until 2024, uh, uh, it's just the, just recently that we, uh, made the switch to, uh, a different, uh, allocation. And, and that's the primary focus of the bill. And with that, uh, I'll conclude my presentation. Thank you, Mr. Speaker.
- Speaker (presiding)1:27:59
Thank you. Representative Walter Voting is open on third substitute Senate Up Bill 54 Car and Smith Opportunity Scholarship Program Amendments Representative Watkins, Representative Mauga Representative Mauga, seeing all present, having voted voting will be closed. Third substitute Senate bill 54, having received 67 yay votes and two nay votes passes the house and be transmitted to the Senate for further consideration. Representative Clancy.
House floor, Mar 5, 2026
- Speaker (presiding)1:18:18
The motion is to adopt third substitute Senate bill 54. That's in order. Would you like to speak to it?
- Rep. R. Neil Walter1:18:23
I would. The third substitute, uh, clarifies a couple of very specific things. Uh, the first one is it allows somebody who is utilizing the tax credit that goes, that funds the Carson Smith, uh, scholarships, uh, to be able to designate the tax year, uh, that they are going to apply them, um, up until April 15th when the tax returns are due. And the second thing it does is it prevents double dipping on the tax return, uh, for, uh, federal and state. So you can either, you, you, you can't double dip on both federal and state, uh, tax credits. Thank you, Mr. Speaker.
- Speaker (presiding)1:19:00
Thank you. Representative Walter proposes to adopt third substitute Senate Bill 54. Discussion to the motion. Seeing none, Representative Walter for summation I'll waive Submission Is waived. The motion is to adopt third substitute Senate Bill 54. All in favor say aye. Aye. Aye. Opposed? Say no. The motion carries. The substitute is adopted. Representative Walter to the bill.
- Rep. R. Neil Walter1:19:23
Thank you Mr. Speaker. Pro Tem. Uh, the Carson Smith scholarship program was created to help, uh, individuals with special needs, uh, provide a customized education option for them. Many of you're familiar with Utah Fits all. Uh, the, the Education Scholarship Program, the Carson Smith program, uh, predates, uh, the, the, uh, Utah fits all. In fact, it was created, um, in 2007 and, uh, it really, it really provides for a customized, uh, education experience for individuals with, uh, some of, uh, the most difficult, uh, challenges and disabilities in this context. Uh, the bill has always been pro funded through, uh, tax, uh, credits that are essentially a income tax credit in the state of Utah. It's, it's an option that people get to choose if they want to allocate funds to this particular, uh, this particular program last year, uh, in the Carson Smith program, we made some, we made adjustments to align it in terms of the reimbursement rates and programmatic structures to, uh, we aligned it to Utah fits all. Um, it was thought that that would be a good idea, but what we've come to understand better this year is that individuals with, uh, dis disabilities have different needs and it authorizes, uh, the program to allocate resources, uh, uh, differently. Instead of having one funding mechanism and fund one funding allocation. Uh, that in a lot of ways is consistent with what we do in public education when we support, when we support, uh, youth and children with disabilities where, um, uh, some are in need of, uh, more significant resources than others. Um, I'll just mention a couple of other things that I think are, uh, important. The, the program is widely used. Uh, there are, in 2023, there were 357, uh, youth participating in 2024, there were 775 youth participating in, sorry, in 20 24, 775. And in 2025, there were 1,403 youth participating and there's 200 kids on the waiting list. Um, one of the things that this bill also does is it, uh, eliminates sibling enrollment. Sibling enrollment was an option for the Carson Smith program, but because of the Utah Fits All program, uh, the sibling enrollment, uh, feature is not being used. We have zero siblings enrolled in the program. And so that's being eliminated. Uh, with, with that Mr. Speaker, that concludes my presentation and I'm open to questions from the body.
- Speaker (presiding)1:21:54
Thank you Representative Walter discussion to the bill Representative Shallenberger.
- Rep. David Shallenberger1:21:59
Thank you, Mr. Speaker ProAm, I'd like to reserve the right to make a motion.
- Speaker (presiding)1:22:03
So noted. Go ahead.
- Rep. David Shallenberger1:22:04
Uh, is the floor sponsor open to a series of questions?
- Speaker (presiding)1:22:07
Representative Walter, will you yield to a series of questions? I will. Go ahead.
- Rep. David Shallenberger1:22:12
Thank you. These are pretty, uh, simple questions, but important questions. Um, I'm wondering if with this SB 54 bill, is this the proper role of government?
- Rep. R. Neil Walter1:22:25
Uh, thank you for the question. Uh, I think in this particular case, uh, this is a great use of our scholarship funds. So this is a scholarship, it's not a program that's funded through public education funds. Uh, it is a, uh, it's a great program to help, uh, youth who need a customized experience in education. And, uh, I think it's a, I think it's a really, it's a precursor to what we have established and, uh, have strong support in the state of Utah, which is now the, uh, Utah fits all program. Uh, but the answer is, uh, I do think this is the proper role of government. Thank you, Mr. Speaker.
- Rep. David Shallenberger1:23:05
Thank you. One more. Is, uh, does this have any, uh, rulemaking authority in it?
- Rep. R. Neil Walter1:23:10
It does not. Thank you, Mr. Speaker. Uh, rulemaking authority is a, uh, concern and this bill does not have any rulemaking authority in it.
- Rep. David Shallenberger1:23:20
Thank you. To my motion. I'd like to make a motion to table SB 54.
- Speaker (presiding)1:23:26
Okay. That's, uh, interesting. But that's out of order. On the house floor,
- Rep. David Shallenberger1:23:33
I'd like to make a motion to circle SB 54.
- Speaker (presiding)1:23:37
So you're withdrawing your motion to table and replacing motion to circle?
- Rep. David Shallenberger1:23:40
Yes.
- Speaker (presiding)1:23:48
Okay. As somebody up here recently said, when you reserve the right to make a motion, you can do two things. You can amend the bill or you can offer a substitute to the bill. You cannot circle under reserve the right to make a motion.
- Rep. David Shallenberger1:24:03
Okay. I could just make, okay, I'll, I'll just take it back and comment if I,
- Speaker (presiding)1:24:07speaker not certain
You withdraw your motion. Draft up? Yes.
- Rep. David Shallenberger1:24:09
I'll go ahead. Motion. Um, I pledge to all my constituents if given the opportunity to kill SB 54, I would take the opportunity to kill SB 54. And I can't take this, uh, opportunity lightly. I take it seriously. And, uh, I cannot support this bill for that reason.
- Speaker (presiding)1:24:34
Thank you, Representative Shallenberger further discussion to the bill. Representative Moss.
- Rep. Carol S. Moss1:24:43
Thank you, Mr. Speaker Pro Tem. I'm speaking to the bill now, is that correct?
- Speaker (presiding)1:24:47
You are. We're in discussion to the bill.
- Rep. Carol S. Moss1:24:49
Okay, thank you. I stand in support of this bill, and I wanna give you just a little bit of history. I was in the legislature when Cheryl Smith brought her son Carson to committee, and we first talked about this Carson Smith. He was about scholarship. He was about six years old, a darling little boy with big brown eyes, and he has autism. He's now in his thirties, and he's a very large man, tall and weighs over 300 pounds. And his mother, who dearly loves him and his family, has suffered concussions and lots of things have happened because he doesn't always know how to control his, his emotions. But that was when the Carmen b Pingry school was in place. And many parents rallied up here and did something I've rarely seen, and they helped get insurance for children with autism. And it was the remarkable people led drive that made a huge difference. Just remember that children with severe disabilities live much longer these days, may even outlive their, their parents. And it's not easy to have a child with a disability. And this now is in a different place. But I urge you to think about families with children with severe disabilities and what a difference it makes in their lives because they have lives to leave. They have children, they have grandchildren, but they'll always have that child with them and they love those children. So I urge you to support this because I've seen the all the good it's done and how it's helped families just survive in situations like this. Thank you.
- Speaker (presiding)1:26:40
Thank you, Representative Moss. Further discussion to the bill. See none Representative Walter for summation.
- Rep. R. Neil Walter1:26:47
Thank you, Mr. Speaker. Pro Tem. I assure the body this SB 54 is not that SB 54, uh, you can with full faith and confidence, uh, expressed to your, uh, expressed to your constituents. Uh, this is a great program. This is a program that's been around for a long time. This is a program that, uh, helps, uh, kids who are in the, the most need. Uh, it is a program that, uh, is growing and it's a program, uh, that is, uh, used as a funding mechanism that is not only unique, but it's highly effective. Um, I, I, I want to, uh, uh, ask the colleague support or my colleague support, uh, for the ability to essentially revert the, the funding mechanism, not the funding mechanism rather, but the, uh, the amount of funding and the way that we allocate, uh, money to our young people that are participating based on their need. The way that it has been from 2007 until 2024, uh, uh, it's just the, just recently that we, uh, made the switch to, uh, a different, uh, allocation. And, and that's the primary focus of the bill. And with that, uh, I'll conclude my presentation. Thank you, Mr. Speaker.
- Speaker (presiding)1:27:59
Thank you. Representative Walter Voting is open on third substitute Senate Up Bill 54 Car and Smith Opportunity Scholarship Program Amendments Representative Watkins, Representative Mauga Representative Mauga, seeing all present, having voted voting will be closed. Third substitute Senate bill 54, having received 67 yay votes and two nay votes passes the house and be transmitted to the Senate for further consideration. Representative Clancy.
Senate floor, Mar 6, 2026
- Unknown speaker20:30speaker not certain
This is a great group this morning, Mr. President. Yeah, it is. I'm not sure what we had this morning, but we're ready to go. I can tell you that much.
- President Adams (presiding)20:41
Senator Fillmore motion to
- Sen. Lincoln Fillmore20:42
Concur. I I made a motion to concur.
- President Adams (presiding)20:44
Okay. I didn't hear that. I know. Hear That's a Disappointing motion. A motion to concur. All in fa see no discussion. All in favor say aye. Aye. Aye. Any opposed? Roll. Motion passes. Thirst substitute Senate bill 54. Having read, been read three times, the question is, shall it passed? Roll call vote. Senator
- Unknown speaker21:01speaker not certain
Spery. Aye. Lein Bremmer Bus Cullimore Escamia Aye. Fillmore Aye. Grover Bus Aye. Grover Aye. Harper Kins Ipson Johnson Juab McKay Mikel Milner Musselman Owens pitcher Aye. Lum Rebi Sandal Stevenson Stratton pickers Er Wilson Winterton President Adams
- President Adams (presiding)21:53
Aye. Third substitute Senate Bill 54. Having received 27 a votes zero nay votes two being absent, passes his body and will be returned to the house for the signature of the speaker. So I, because it's still, we don't even have, does That make sense? So we have 21, Um, on 12th Do we have, do we have 21? Okay, so let's just, uh, reconsider actions on 12th. I'll get there. Okay. Gimme a minute.
- President Adams (presiding)22:49
First substitute Senate bill 72. First substitute Senate bill 72 Obscene animal abuse material amendments. Senator Vickers. Senator Vickers.
- Sen. Eivin Vickers23:03
Thank you Mr. President. Sorry. Disappoint you, but motion to concur.