MINUTES OF THE

February 6, 1998 - 11:30 a.m. - Room 405 - State Capitol

Note: A list of others present and a copy of materials distributed in the meeting are on file in the Office of Legislative Research and General Counsel.

1. Call to Order - Chair McKeachnie called the meeting to order at 11:50 a.m. He welcomed Speaker Melvin R. Brown as a new member appointed to fill the unexpired term of former Representative Byron Harward.

Chair McKeachnie referred to the 1998 Report of the Constitutional Revision Commission. He explained the report will be distributed to legislators and the governor. Since the November meeting, Chair McKeachnie explained that several letters had been received requesting that the commission delay its recommendation concerning local government provisions for further discussion. To accommodate these individuals and organizations, he said that it was decided not to recommend the local government amendments to the Legislature until the commission could iron out some of these concerns at the April meeting.

Chair McKeachnie then explained that in previous years, he and Mr. Sullivan have met with the Legislature in each caucus to explain the commission's purpose and to discuss and answer questions concerning constitutional amendments. This year, he said, it would be nice to have more members of the commission attend. It is a good opportunity for members to learn about the Legislature. It is also important for the Legislature to meet the members of the commission, he said.

Mr. Jerry D. Howe explained that the commission has been invited to attend House and Senate caucuses with both parties on Thursday, February 12, 1998. He explained to the commission that caucus schedules do not always run to schedule but the following times have been scheduled:

House Democrats Room 405 12:45 p.m.

Senate Republicans Room 303 1:00 p.m.

Senate Democrats Minority Leader's Office 1:00 p.m.

House Republicans Room 305 1:15 p.m.

Chair McKeachnie explained that the purpose of this meeting is for the commission to be sounding board for sponsors who currently have resolutions before the Legislature. The commission may also take advisory positions for the Legislature to consider as it debates these potential constitutional amendments.

Mr. Strong indicated he would be abstaining on votes due to his role as impartial staff for all legislators.

*Note: In reality, the commission discussed each resolution presented in these minutes prior to considering motions and taking actions. For reader accessibility, the minutes report the discussion, motions, and actions together.

HJR003, "Voting Requirements on Tax Matters Resolution," Glenn Way

Representative Glenn L. Way was unable to meet with the commission.

MOTION: Mr. Sullivan moved that the commission take no official position on HJR003. The motion passed 11-0-5.

HJR004, "Resolution Eliminating Voting Rights of Convicted Felons," Saunders, C.

Representative Carl Saunders explained to the commission that this amendment prevents any person convicted of a felony in a state court in Utah from either holding a state office or voting at any election. He said that Article IV, Section 6 must be amended in order to prevent convicted felons from voting in Utah.

The commission identified four issues. The first was whether a Utah resident convicted of a felony in another state would be able to obtain an absentee ballot and cast a vote in a Utah election while incarcerated in another state's prison. Second, the commission questioned how the bill would impact Utah residents convicted of felonies in federal courts in Utah. The commission recommended that the language of the amendment be drafted to prevent all Utah residents convicted of a felony from voting in any Utah election.

Third, the commission observed existing language that prohibits a "mentally incompetent person" from voting. The commission knows of no clear standard of what constitutes "mentally incompetent" for purposes of voting and questioned whether the language actually prohibits people from voting. Finally, the commission presumed the language "unless restored to civil rights" allowed one convicted of a felony to be restored to voting rights when the person is no longer in prison, or on parole or probation. The commission questioned, however, whether the term "restored to civil rights" could be construed more broadly.

MOTION: Sen. Nielson moved to support HJR004 in concept, but requested the sponsor to consider how these issues may be addressed. The motion passed 11-0-5.

HJR006, "Resolution Amending Notice for Special Sessions," Goodfellow, B.

Representative Brent H. Goodfellow explained that the intent of this resolution is to require the governor to provide at least a seven day advance notice prior to convening a special session except in cases of emergency, when no notice would be required.

MOTION: Mr. Linton moved to support HJR006. The motion passed 11-0-5.

HJR008, "Legislative Eligibility Resolution," Arent, P.

Representative Patrice Arent explained that the Legislature passed an amendment to Article VI, Section 5 at the 1997 General Session. She explained that the language used by the Legislature in its 1997 amendment did not require a person running for office to live in a district for any amount of time immediately preceding the election. This unintended consequence, she said, allows a candidate to seek election in multiple districts, or simply allows a candidate to shop for a district that is most favorable to the candidate's views.

To reflect more accurately the Legislature's intent, Representative Arent suggested that the language of Article VI, Section 5 require a person to be a resident of the state for three consecutive years immediately preceding the filing deadline and a resident of the district for six consecutive months immediately prior to the filing deadline. This would prevent candidates from seeking office if they have not lived in the state for three consecutive years immediately preceding the filing deadline and for six months in the district in which the candidate is seeking election immediately prior to the filing deadline.

The commission agreed with Representative Arent concerning the requirement to live in a district for at least six months. However, the commission questioned whether the three year resident requirement would prevent Utah residents from running for election who, within the last three years of filing for election, retired to Utah, attended a college or university outside of the state, served as military personnel outside the state, or returned to the state after church service. Under the present language, all people who are not a resident of the state for three years immediately prior to the filing deadline are ineligible to run for the Legislature.

MOTION: Sen. Nielsen moved to support HJR008, but the commission asked Representative Arent to consider whether the three year requirement would unduly prevent qualified candidates from seeking legislative office. The motion passed 11-0-5.

HJR012, "Resolution Amending Property Tax Exemptions," Davis, G.

Representative Gene Davis explained that the intent of this amendment is to grant authority to the Legislature to abate, defer, or remit the property taxes of the elderly. Representative Davis explained that increased property values and fixed incomes have adversely impacted the elderly.

The commission expressed concern for justifying a tax exemption on the basis of age. It was noted that the Legislature currently has the authority to abate or remit taxes of the poor. So the Legislature, if it desired, could remit or abate the taxes of the poor elderly. The commission also observed that any implementing statutes to reduce the property taxes of the elderly would necessarily apply to all the elderly: the elderly rich and the elderly poor alike.

MOTION: Mr. Craig Jones not to support HJR012. The motion passed 11-0-5.

HJR016, "Resolution Amending Governance of Public Education," Way, G.

Representative Glenn L. Way was unable to meet with the commission.

MOTION: Sen. Nielsen moved not to support HJR016. The motion passed 8-3-5 with Mr. Worthen, Mr. Linton, and Mr. Sullivan voting in favor of supporting the amendment.

SJR001S1, "Resolution Amending Property Tax Provisions," Montgomery, R.

The senate, on February 2, 1998, voted 12-15-2 on SJR001S1. The commission, therefore, did not discuss the issue further.

SJR002, "Residential Property Tax Amendments Resolution," Stephenson, H.

Senator Howard Stephenson explained that the intent of the amendment is to authorize a residential property exemption not to exceed a statewide average of 45 percent of fair market value. Senator Stephenson also explained that the amendment included a requirement for a statutory mechanism to be used in providing the exemption for residential property.

MOTION: Due to the complexity of SJR002 and its potential impact on the real estate market, Sen. Nielsen moved that the issue be examined in greater depth by either the Tax Review Commission or the Constitutional Revision Commission or both during the next interim. The motion passed 11-0-5.

SJR003, "Resolution Amending Judicial Nominating Process," Taylor, C.

Senator Craig Taylor explained that the governor has 30 days to appoint one person from a list of at least three names submitted to him by the Judicial Nominating Committee. If the governor fails to appoint a person from the list of nominees, the Chief Justice of the Supreme Court is empowered to make the appointment. Senator Taylor said that the intent of this amendment is to require the Judicial Nominating Committee to submit at least three new names to the governor in the event the governor does not wish to appoint someone from the first list of nominees.

The commission questioned what would happen in the event the governor declined the second set of names, and perhaps the third. The amendment it would seem, allows for an impasse between the governor and the Judicial Nominating Committee.

MOTION: Mr. Linton moved not to support SJR003. The motion passed 8-3-5, with Rep. Brown, Mr. Craig Jones, and Mr. Worthen voting in favor of supporting the Resolution.

SJR006, "Resolution Amending Special Sessions," Blackham, L.

Senator Blackham was unable to meet with the commission.

MOTION: Mr. Worthen moved to take no official position on SJR006. The motion passed 11-0-5.

SJR007, "Resolution Amending the Date of General Legislative Session," Howell, S.

Senator Robert Steiner explained that the intent of this amendment is to move the beginning date of the General Session in the year 2002 to the first Monday in March rather than the third Monday in January, so the Legislature will not be in Session during the 2002 Winter Olympics.

The commission questioned whether postponing the session would jeopardize the budgets of state agencies and institutions that rely on legislative funding by certain dates. Legislative members of the commission questioned whether the public would support such an effort. The commission did observe, however, that few states are limited to a forty-five day annual general session. The commission explained that it could conceptually support a more general amendment which provided more flexibility to the Legislature over annual general sessions but it could not support this more narrow amendment.

MOTION: Sen. Nielson moved not to support SJR007. The motion passed 11-0-5.

SJR10S1, "Resolution Establishing Wildlife Numbers," Blackham, L.

Senator Leonard M. Blackham was unable to meet with the commission.

MOTION: Mr. Jensen moved to take no official position on SJR10S1. The motion passed 11-0-5.

SJR012, "Resolution Limiting Property Tax for Retirees," Steiner, R.

Senator Robert Steiner explained that the intent of this amendment is to grant authority to the Legislature to abate, defer, or remit the property taxes of the elderly. He said that SJR012 and HJR012, sponsored by Representative Davis, are substantially similar. He too raised the issue that increased property values and fixed incomes adversely impact the elderly.

The commission reiterated its position regarding age as a basis to determine a tax exemption.

MOTION: The commission moved not to support SJR012. The motion passed 11-0-5.

SJR013, "Resolution on Review of Tax Commission Cases," Stephenson, H.

Senator Howard Stephenson explained that the language before the commission had been drafted by Mr. Mark Buchi and that Legislative Research and General Counsel will make a draft from this concept. He further explained that the intent of this amendment is to allow any court authorized under Article VIII to review or adjudicate under original or appellate jurisdiction a revenue and taxation matter. The amendment, he said, also has retroactive operation, which in effect, reverses a Utah Supreme Court's decision in this matter.

MOTION: Mr. Jones moved to take no official position on SJR013. The motion passed11-0-5.

SJR017, "Resolution Amending Intangible Property Tax," Hillyard, L.

Senator Lyle Hillyard explained that the intent of this amendment is to remove the mandatory intangible property tax exemption from Article XIII, Section 2(9). Senator Hillyard explained that it has become very difficult to separate the tangible value from the intangible value of property. The state is subject to legal action, he explained, because the current language provides that if intangible property is taxed, then the income from the property may not also be taxed. Because the distinction between tangible and intangible value is very difficult to make, the state is always at risk.

MOTION: Mr. Sullivan moved to support SJR017. The motion passed 11-0-5.

MOTION: Mr. Worthen moved to reconsider action taken on 1^st Substitute SJR 10. The motion failed with Mr. Worthen and Mr. Jensen voting in favor.

The commission was reminded that the next meeting scheduled for April 10, 1998, 9:00 a.m. in Room 405 of the State Capitol.

MOTION: Mr. Jensen moved to adjourn the meeting. The motion passed unanimously. The meeting adjourned at 2:05 p.m.