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Legislative Management Committee

        

MINUTES OF THE

        
LEGISLATIVE MANAGEMENT COMMITTEE

April 8, 1998 -- 3:00 p.m. -- Room 303 State Capitol


Members Present:                      President R. Lane Beattie, Chair
    Speaker Melvin R. Brown, Vice-chair         Sen. Leonard M. Blackham
    Sen. Lyle W. Hillyard
    Sen. Scott N. Howell
    Sen. Joseph L. Hull
    Sen. E. George Mantes
    Sen. Craig A. Peterson
    Rep. Steve Barth            
    Rep. Judy Ann Buffmire
    Rep. Gene Davis
    Rep. Christine R. Fox-Finlinson             Rep. Kevin S. Garn             
    Rep. David M. Jones             


Members Excused:
    Sen. Mike Dmitrich

Members Absent:
    Rep. John L. Valentine

Staff Present:

    Richard V. Strong,
     Director
    M. Gay Taylor,
     General Counsel
    L. Kaye Clark,
     Secretary


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

1.    Call to Order and Approval of the November 18, 1997 Minutes - Chairman Beattie called the meeting to order at 3:15 p.m.

    MOTION: Senator Blackham moved to approve the minutes of the November 18, 1998 meeting. The motion passed unanimously. Sen. Hillyard, Sen. Howell, Rep. Fox-Finlinson, and Rep. Jones were absent for the vote.

2.    Review of the 1998 General Session - Mr. Strong reviewed various statistics from the 1998 general session and highlighted that of the 463 bills and resolutions that passed, only nine did not receive a committee hearing. Chairman Beattie said he does not expect to have a veto override session and he noted that there were no bill invalidations.
    
3.    Performance Based Budgeting - Representative Frandsen recommended that the Legislature use more performance based budgeting. His suggestions included: pursue a clear objective; use data to drive decisions; and tie budgets to performance. He cautioned against making too many changes at once. The committee discussed the issue and Chairman Beattie pointed out that Utah Tomorrow uses benchmarks which have many of the elements being proposed by Rep. Frandsen.

    MOTION: Senator Hull moved that the Legislative Management Committee recommend that the Legislative Process Committee consider performance based budgeting as a study item. The motion passed unanimously. Sen. Hillyard, Sen. Howell, Sen. Peterson, Rep. Fox-

Finlilnson, and Rep. Jones were absent for the vote.

    Rep. Frandsen requested that oversight be a part of the interim meetings as proposed in H.B. 80 which the governor veoted. He also requested that the Education Interim Committee be allowed to hold three additional meetings. Chairman Beattie said that action on the additional meeting request would be postponed and considered later with the other committee requests on the agenda.

4.    Proposed Management/Executive Appropriations and Interim Meeting Schedule - Speaker Brown referred to a letter from the Transportation Interim Committee. He explained that because there may be advantages and disadvantages to the morning and afternoon meeting times, it might be wise to rotate the morning and afternoon interim committee schedules for this interim.

    MOTION: Speaker Brown moved to approve the proposed 1998 interim meeting schedule for the Executive Appropriations Committee, Legislative Management Committee, and interim committees, with morning and afternoon meetings times reversed from the proposed schedule. The motion passed unanimously. Sen. Hillyard, Sen. Howell, Rep. Fox-Finlilnson, and Rep. Jones were absent for the vote. Chairman Beattie clarified that the proposed language concerning appropriations subcommittees was also approved.

5.    1999 Site Visit
- Chairman Beattie requested Mr. Strong send a letter to each legislator inquiring about their interest in providing a site for the 1999 interim visit. The committee set June 1, 1998, as the deadline for the responses from legislators.

    Chairman Beattie reminded the committee that the site visit for 1998 is scheduled for September 2nd - 3rd in Garfield and Kane counties.

6.    Request re: Indepth Budget Review of Comprehensive Emergency Management - Chairman Beattie reviewed a written recommendation from the Executive Offices, Criminal Justice, and Legislature Joint Appropriations Subcommittee that the Legislative Management Committee request the governor to conduct an indepth budget review of the Division of Comprehensive Emergency Management. The purpose of the review is to determine if the division warrants continuation at its current level of expenditure, at a different level, or if it should be terminated. Sen. Peterson commented that the audit should be of the functions of the division, and not an audit of the individuals in the division. Rep. Barth provided background on the subcommittee's discussion.

    MOTION: Rep. Garn moved to approve having the governor conduct the requested indepth budget review with the provision that if the governor, after reviewing the functions and justification for the division, determines that a review is unnecessary, he may choose not to

conduct the review, but in either case is to report back to the committee. The motion passed unanimously. Sen. Howell, Rep. Fox-Finlinson, and Rep. Jones were absent for the vote.

7.    Master Study Resolution
- Chairman Beattie recommended that each interim committee identify up to 5 items that the committee plans to study this year and submit them to the Legislative Management Committee by May 5th. He noted the Management Committee had also received requests to add the following study items as approved studies: (1) an ITS study request by Representative Evans; and (2) a wildlife outfitters and guides study request by Representative Bradley Johnson.

    MOTION: Sen. Blackham moved that the ITS study request and the wildlife outfitters and guides request be added as possible study items for the interim; and that each interim committee be asked to identify no more than 5 issues to study this year and submit a list of those items to the Legislative Management Committee by May 5th. The motion passed unanimously. Sen. Howell, Rep. Fox-Finlinson, and Rep. Jones were absent for the vote.

    Rep. Buffmire requested that a letter be sent the Utah Tomorrow chairs recommending that they send the interim committee chairs a reminder of the vision statement and performance measures for their subject area. The purpose of the reminder would be to help the interim committees prioritize their studies for greater consistency with the recommendations from Utah Tomorrow. The committee agreed to have a letter prepared and, upon approval of the letter by Rep. Buffmire, sent to the chairs of Utah Tomorrow.

8.    Representative Evan's Study Item re: ITS
- See agenda item 7.

9.    Representative Johnson's Study Request re: Wildlife Outfitters and Guides - See agenda item 7.

10.    Items from the Appropriations Act
- Mr. Strong highlighted the studies and assignments from S.B. 1 Appropriations Act, 1998 General Session. He noted that item 47 requires that
an interim committee be assigned to hear a report to be given by POST and Corrections by the October 1998 interim.

    MOTION:
Rep. Davis moved that, regarding item 47 of The Appropriations Act , POST and Corrections report to the Law Enforcement and Criminal Justice Interim Committee. The motion passed unanimously. Sen. Howell, Rep. Barth, Rep. Fox-Finlinson, and Rep. Jones were absent for the vote.

    
Sen. Mantes highlighted the $50,000 appropriated to provide a study of an independent motor pool rate structure which is to be conducted through the Office of the Legislative Fiscal Analyst. He said that item 68 is a key issue and stressed the importance of setting rates that reflect the

correct charge back .

11.    Request for FACT Meetings
- Chairman Beattie reviewed a request by FACT for authorization to hold a meeting during the first three weeks of the general session and another request to meet up to six times during the 1998 interim. Sen. Blackham recommended that the request for a meeting during the early part of the session be authorized, but deny the request for interim meetings. Sen. Howell recommended a review of the role of FACT. Chairman Beattie asked Mr. Memmott to study the recommendations of FACT and the role of FACT and report his findings to the Executive Appropriations Committee. Chairman Beattie noted that in the absence of action to approve the additional meetings there would be no authorization.

12.    Health and Human Services/Subcommittee Requests
- This item was sent back to the Health and Human Services Interim Committee for determination as to whether or not this is a priority issue. (See agenda item 13.)
    

13. Political Subdivisions/Subcommittee Requests - This item was sent back to the Political Subdivisions Interim Committee for determination as to whether or not this is a priority issue. (See agenda item 13.)
    
    MOTION: Sen. Peterson moved that any request from an interim committee for a subcommittee (including the request by Rep. Frandsen and the requests in agenda items 12 and 13) would be considered only if it is included as one of the interim committee's five priority issues and then requested as a process for a particular priority study. The interim committees are also to prepare a proposed study schedule. The motion passed unanimously. Rep. Barth and Rep. Fox-Finlinson were absent for the vote.

14.    Revenue and Taxation Requests - Chairman Beattie explained that during the 1998 General Session the Legislature enacted several bills directing the Revenue and Taxation Interim Committee to conduct certain studies in addition to their regular study items. He stated the committee has requested authorization to hold up to four additional meetings before November 30, 1998, on a day other than the regular interim day. He also noted the request to receive per diem and reimbursement for members as they attend meetings of the Tax Review Commission. Mr. Bleazard responded that the funding for the meetings would need to come from the existing budget. Sen. Blackham added that because of the complexity of the business and tax credit issues they are required to study, the committee may need assistance from an outside consultant.
    
    MOTION: Sen. Blackham moved to approve payment for the Revenue and Taxation Interim Committee to hold up to four additional meetings before November 30, 1998; to approve coordinated meetings with the Tax Review Commission; and to authorize hiring a consultant through the Office of Legislative Research and General Counsel, if needed, to assist the committee on business related tax credits and exemptions. The motion passed unanimously.

Rep. Barth and Rep. Fox-Finlinson were absent for the vote.

15.    Proposal re: Fiscal Note Bills - Speaker Brown stated that in the 1998 General Session there were 39 numbered bills that did nothing but appropriate money. He suggested adding a rule requiring bills that would only appropriate money must be made a part of the supplemental or general appropriations acts and not be drafted or considered as separate bills. The committee expressed concerns in dealing with the increasing number of these bills and discussed options for improving the process.

    MOTION: Sen. Peterson moved that the Legislative Management Committee support the concept of eliminating singular appropriation bills and recommend the issue be discussed in April interim caucuses. The motion passed unanimously. Sen. Howell, Rep. Barth, and Rep. Fox-Finlinson were absent for the vote.

    Chairman Beattie commented that an earlier motion (agenda item 14), regarding coordinated meetings of the Tax Review Commission and the Revenue and Taxation Interim Committee did not include authorization to fund that attendance.

     MOTION: Sen. Hillyard moved to approve compensation for members of the Revenue and Taxation Interim Committee when attending meetings of the Tax Review Commission. The motion passed unanimously. Sen. Howell, Sen. Peterson, Rep. Barth, and Rep. Fox-Finlinson were absent for the vote.

16. V-1 Oil Lawsuit - Ms. Taylor said that the President of the Senate and the Speaker of the House have been made parties to a lawsuit regarding the $5 million that was approved to be used by the Legislature in H.B. 454. She asked the committee for authority to provide legal representation to these members of the Legislature.

    MOTION: Rep. Garn moved that Ms. Taylor be authorized to represent the Legislature in the V-1 Oil lawsuit. The motion passed unanimously. Sen. Peterson, Sen. Howell, Rep. Barth, and Rep. Fox-Finlinson were absent for the vote.

17.    Other Business -
On a personal note, Chairman Beattie announced that Sen. Tanner's wife was hospitalized in serious condition, but is improving. Speaker Brown said that Rep. Dillree was recently pronounced free of cancer.

    Rep. Jones stated that the Constitutional Revision Commission needs to hold a meeting in December or January to review proposed amendments to the constitution prior to a general session.
        
    MOTION:
Rep. Jones moved that the Constitutional Revision Commission be allowed to hold one meeting in January to review proposed legislation amending the constitution. The

motion passed unanimously. Sen. Peterson, Sen. Howell, Rep. Barth, and Rep. Fox-Finlinson were absent for the vote.

    
Ms. Taylor suggested that as the interim committees are setting priorities, they might review the items in the sunset act that relate to their areas for possible study. Chairman Beattie directed staff to make the committees aware of the appropriate items in the sunset act.

18.    Adjournment


    MOTION: Sen. Blackham moved to adjourn the meeting at 5:05 p.m. The motion passed unanimously.


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