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Legislative Management Committee

        

MINUTES OF THE

        
LEGISLATIVE MANAGEMENT COMMITTEE

May 19, 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. Mike Dmitrich
    Sen. Lyle W. Hillyard
    Sen. Scott N. Howell
    Sen. Joseph L. Hull
    Sen. E. George Mantes
    Rep. Judy Ann Buffmire
    Rep. Kevin S. Garn             
    Rep. David M. Jones        
    Rep. John L. Valentine
    


Members Excused:
    
Sen. Craig A. Peterson
    
Rep. Steve Barth
    

Members Absent:
    Rep. Gene Davis
    Rep. Christine R. Fox-Finlinson

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 April 8, 1998 Minutes - Chairman Beattie called the meeting to order at 3:30 p.m.

    MOTION: Rep.Valentine moved to approve the minutes of the April 8, 1998 meeting. The motion passed unanimously.

2.    Reports from Interim Committees - Mr. Strong reviewed letters from the interim committees regarding their priority study items and other requests.

    A.    Business, Labor, and Economic Development Interim Committee requested approval to study quasi-governmental agencies, financial institutions, community growth issues, state involvement in economic development, and insurance coverage. The committee also noted it will hear certain reports and may conduct sunset reviews. It also requested permission to address the issue of civil forfeiture. The committee asked that the Occupational and Professional Licensure Sunrise Task Force report to their committee by the November interim meeting.

    B.     Education Interim Committee requested approval to study higher education, innovation and reform, middle school reform, professional development, and school finance. The committee also requested approval to hold meetings on three additional days including: (1) a joint meeting with the State Board of Education and the State Board of Regents in Cedar City on July 9 and 10 in lieu of the July 15, 1998 interim day (including two nights lodging and

compensation); (2) a September 16, 1998 meeting to hear the seven reports that have been assigned to the committee and review several oversight issues; and (3) a November 19, 1998 meeting to carefully sort through remaining topics. Mr. Mark Bleazard of the Office of the Legislative Fiscal Analyst reported that funds are available for two additional meetings.

    MOTION: Sen. Hillyard moved to approve payment for two additional meetings of the Education Interim Committee. The Legislative Management Committee will consider an additional meeting, if needed, for the committee at a future meeting. The motion passed unanimously.

    C.    Government Operations Interim Committee requested approval to study election issues, debt collection powers, judicial selection process, boards and commissions, oversight responsibility, and potentially ethics reform. Mr. Strong noted that the Judiciary Interim Committee has also requested "judicial selection process" as a study item. Chairman Beattie asked that the chairs of both interim committees be advised to coordinate their study of this item to avoid duplication. Speaker Brown reported that the Executive Appropriations Committee is currently studying debt collection powers. Mr. Strong explained that Government Operations will focus on the statutory concerns while the Executive Appropriations Committee focuses on the financial aspects.

     MOTION: Sen. Hillyard moved that the appropriate interim committee chairs be advised of a potential duplication of the study items "judicial selection process" and "debt collection powers." Chairman Beattie asked Mr. Strong to notify the Government Operations Committee regarding the work that has been done on "debt collection powers" and notify them of the next meeting of the Executive Appropriations Committee. The motion passed unanimously.

    D.    Health and Human Services Interim Committee requested authorization to study genetic testing, mental health, health insurance, child welfare, and persons with disabilities.

    E.    Judiciary Interim Committee requested approval of a sunset review of the Judicial Nominating Procedures and the following study items: rule of evidence, court interviews with children, privacy of social security number, Religious Freedom Restoration Act, and statute of limitations.

    F.    Law Enforcement and Criminal Justice Interim Committee requested approval to study Olympics and public safety, jail contracting, prison privatization and prison camps, community crime prevention, and corrections compensation. Mr. Strong noted the Legislature has assigned this committee two mandatory reports: (1) POST and Corrections, dealing with training and coordination; and (2) Department of Correction's sunset review regarding sex offender treatment, ongoing assessment, and objective diagnostic testing.

    G.    Natural Resources, Agriculture, and Environment Interim Committee presented a proposed schedule for the study of the following priority items: big game / agriculture conflicts, Great Salt Lake, open space, sensitive species, and water quality.

    H.    Political Subdivisions Interim Committee requested approval to study special district recodification, optional forms of county government, private property rights, government immunity, and state and local role in federal planning. The committee also requested permission to continue last year's Special District Subcommittee and hold seven subcommittee meetings with per diem. Sen. Blackham spoke in favor of approving the request for a subcommittee. Chairman Beattie explained that the number of interim committees was expanded from nine to twelve committees to allow the committees to conduct detailed studies. Mr. Bleazard stated that this subcommittee was not specifically funded by the Legislature. Chairman Beattie asked if anyone wanted to make a motion for approval, and if not it, would be deemed as not approved. Hearing no motion for approval, the committee moved to the next agenda item.

    I.    Public Utilities and Technology Interim Committee proposed with months identified the following studies: slamming, Division of Information Technology Services, telecommunication competition and regulation, telephone rate subsidies / imputation, and natural gas use and distribution.

    J.    Revenue and Taxation Interim Committee prioritized the following studies: commercial waste facility issues; research expenses tax credit; research equipment tax credit; manufacturing machinery sales tax exemption; property tax residential study; taxation of boats, campers, and off-highway vehicles; review of Tax Commission assessment standards; and individual income tax issues. Speaker Brown expressed concern over the number of study items. Rep. Valentine explained that six of the items were studies mandated by statute.

    K.    Transportation Interim Committee requested approval to study highway jurisdiction and funding, alternative transportation and transit issues, driver training and licensing, transportation rights of way, and UDOT and Transportation Commission duties. The committee also requested approval for three additional meetings to provide for adequate study and public input on the highway jurisdiction issue due to its complexity and public interest. In addition, the committee indicated its intent to conduct oversight of the I-15 project and outlined its yearly schedule on a meeting by meeting basis.

     MOTION: Sen. Blackham moved to approve two additional meetings for the Transportation Interim Committee. The committee agreed that consideration for an additional meeting may be made at a later date if it is needed and funds are available. The motion passed unanimously.

    L.    Workforce Services Interim Committee submitted a list of reports and the following studies for approval: FACT Committee: Allocation of funds / structure and duties, federal

welfare reform legislation, Department of Workforce Services outcome measures, child support service delivery, and child care issues. The committee chairs noted that in studying child care issues, care will be taken to avoid duplication of the work performed by the Child Care Task Force.

     MOTION: Sen. Hillyard moved to specifically approve the study items requested by the interim committees. Rep. Buffmire seconded the motion. The motion passed unanimously.

3.    Information Technology Report and Process Request - Mr. Strong reviewed the five proposed study items and a request to authorize the Legislative Automation Commission to participate in the Y2K planning and coordination study. Sen. Steele, co-chair of Information Technology Commission, addressed the committee regarding the need for involvement of the Legislature in the year 2000 issue. Chairman Beattie commented that concern was expressed regarding this issue at the recent meetings of the Council of State Governments.

    MOTION:
Sen. Howell moved to authorize the Legislative Automation Committee to participate with the Information Technology Commission in the Y2K planning and coordination study. The motion passed unanimously.        

4.     Appropriations Subcommittee Request -
Mr. Strong outlined a request for authorization to hold two 1998 interim meetings of the Capital Facilities and Administrative Services Appropriations Subcommittee and reviewed the proposed agendas for those meetings.

     MOTION: Rep. Garn moved to authorize two meetings of the Capital Facilities and Administrative Services Appropriations Subcommittee as requested. The motion passed unanimously.

5.    Rules Committees during the 1998 Interim -
Chairman Beattie recommended authorization for the Rules Committees of both houses to meet, review, and revise the legislative rules. He commented that many of the rules are no longer applicable, or at least need to be updated.
    
    MOTION: Sen. Howell moved to approve two joint meetings of the Senate Rules Committee with the House Rules Committee for the purpose of reviewing and updating the legislative rules. The committee agreed these meetings be held on interim day or at least they be coordinated with other interim meetings. The motion passed unanimously.

6.    Update re: September Site Visit
- Mr. Strong highlighted information in a letter from Rep. Hatch including a request for authorization for an additional night's lodging because of the travel distance for many legislators. Mr. Strong also outlined a tentative schedule of events for the September site visit. He noted that funding has typically been provided for two nights' lodging and two days' per diem. Sen. Mantes recommended a minimum mileage requirement in order to

qualify for the additional lodging.

     MOTION: Sen. Dmitrich moved to authorize funding for the additional night's lodging.

     SUBSTITUTE MOTION: Speaker Brown moved to approve the additional night of lodging pending further details at the next meeting of the Legislative Management Committee. The motion passed unanimously.

7.    Proposed Management Committee Policy on the Pay Plan for Legislative Staff Directors, Secretary of the Senate and Chief Clerk -
Chairman Beattie distributed the handout "Policy of Legislative Management Committee on Legislative Staff Directors, Chief Clerk, and Secretary of the Senate Pay Plan" which states that as provided in Utah Code Ann. Sec. 36-12- 7(3)(b)(1995), Legislative Management Committee establishes this policy for personnel compensation of Legislative Staff Directors, the Chief Clerk, and the Secretary of the Senate. He presented the information in this document including the definition of "legislative staff director," the salary ranges, and the processes for establishing specific salaries and bonuses for the Legislative Staff Directors, the Chief Clerk of the House of Representatives, and the Secretary of the Senate. Chairman Beattie and Speaker Brown recommended this pay plan become a policy of the Legislative Management Committee. Chairman Beattie further noted the pay scale of the Legislative Staff Directors mirrors the executive compensation statute sponsored last session by Rep. Fox-Finlinson.

     MOTION: Rep. Garn moved to approve the proposed policy of the Legislative Management Committee on Legislative Staff Directors, Chief Clerk of the House of Representatives, and Secretary of the Senate pay plan. The motion passed unanimously.

8.    Update on Litigation -
Ms. Taylor told the committee that a settlement is likely regarding the V-1 Oil Lawsuit. The settlement would include a dismissal, without prejudice, of Speaker Brown and President Beattie; and deferral of further action until after 1999 General Session, with the hope that the Legislature will readdress the issue. She stated that if the Legislature readdresses and revokes the authorization to take money from the petroleum storage tank fund to put in the Centennial Highway Trust Fund, the plaintiffs will voluntarily move to dismiss the lawsuit.

9.    Other Business -
Chairman Beattie commented on the Council of State Governments meeting held in Phoenix. He announced that Utah has been selected to host the annual meeting of the National Conference of State Legislatures in 2004.

10.    Adjournment


    MOTION: Sen. Howell moved to adjourn the meeting at 4:35 p.m. The motion passed unanimously.


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