Utah Constitutional Revision Commission
Members Present:
Mr. Gayle McKeachnie, Chair Mr. Alan L. Sullivan, Vice Chair Ms. Diana Allison President Lane Beattie
Rep. Afton B. Bradshaw
Speaker Melvin R. Brown
Sen. Mike Dmitrich
Justice Christine Durham
Mr. Dallin W. Jensen
Rep. David M. Jones
Mr. W. Craig Jones
Mr. Morris Linton
Sen. Howard C. Nielson
Dr. Jean Bickmore White Mr. Kevin Worthen
Members Excused:
Mr. Richard V. Strong
Staff Present:
Mr. Jerry D. Howe,
Research Analyst
Mr. Robert H. Rees,
Associate General Counsel
Ms. Angela D. Kelley,
Secretary
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 9:00 a.m.
MOTION: Justice Durham moved to amend the June 11, 1998 minutes to indicate that the commission decided to study the provision on Judicial Nomination Commission's during the 1999 interim rather than the 1998 interim. The motion passed unanimously with Sen. Dmitrich, Sen. Nielson, Rep. Bradshaw, Mr. Jensen, and Mr. Linton absent for the vote.
MOTION: Justice Durham moved to approve the June 11, 1998 minutes as amended. The motion passed unanimously with Sen. Dmitrich, Sen. Nielson, Rep. Bradshaw, Mr. Jensen, and Mr. Linton absent for the vote.
2. Discussion of Article XIII, Section 14 - Ms. Rebecca Rockwell, Associate General Counsel, Office of Legislative Research and General Counsel, presented information concerning Article XIII, Section 14 of the Utah Constitution. She distributed materials and discussed the constitutional and legislative history of the tangible personal property tax exemption. The commission discussed whether an item such as a camper should be considered personal property for tax purposes and whether or not such definitions should be established in the constitution or by statute.
Sen. Nielson suggested that the Legislature may have already passed a property tax classification bill that may violate Article XIII, Section 14.
MOTION: Vice Chair Sullivan moved that staff develop alternative draft language to Article XIII, Section 14 for the commission to review. The motion passed unanimously.
Rep. Jones expressed concern that the commission has not discussed SJR 10. He said the resolution would require a 2/3 vote rather a majority vote on any initiative concerning the taking of wildlife. Because SJR 10 amends the constitution, he said that the commission has a duty to review it.
MOTION: Rep. Jones moved that the commission have a hearing concerning SJR 10 where the proponents and opponents may explain their issues concerning the resolution so the commission may more fully understand its purpose.
SUBSTITUTE MOTION: President Beattie moved to postpone action on the motion until it is known whether or not such action is appropriate under the commission's statutory duties.
Staff provided Vice Chair Sullivan with the statutory duties of the commission (Utah Code Ann. 63-54-03) which were read and discussed. President Beattie then withdrew the substitute motion, and the original motion passed with Speaker Brown, President Beattie, Sen. Dmitrich, Sen. Nielson, and Mr. Jensen voting in opposition.
3. Discussion of Legislative Issues - Mr. Rees discussed the resolution amending the length of the legislative session and distributed a handout titled "1997 Legislative Session Calendar." He compared the length of other state's legislative sessions to the length of Utah's legislative session and provided an overview of how the proposed resolution may affect Utah's legislative sessions.
Sen. Nielson expressed concern that changing the session as proposed in this resolution may prevent current legislators from future service because they may not be able to leave employment for that long.
Rep. Jones said that for many people it may be easier to take off a few days a week, as would be possible under this proposal, rather than 45 consecutive days as currently required.
Speaker Brown explained that other states with legislative sessions longer than Utah's do not have fewer legislators of a particular profession. The statistics, he said, do not indicate that the length of session will prevent certain professions from being represented in the legislature.
Sen. Dmitrich said that the last two sessions have been the most efficient he has ever seen.
President Beattie explained that there have been some changes to the legislative process over the last couple of years. Bills, for example, are required to filed earlier, December 1 for state agencies. Legislators are also required to prioritize bills. These improvements, he said, have allowed the Legislature to actually end early on the last night of the session which has not been possible since statehood. The current 45-day session is working fine, he said, and any change to that system may not work as well.
Mr. Howe discussed the commission's previous studies concerning separation of powers and legislative eligibility, including a historical perspective on the case law. He distributed materials, discussed the issues that implicated legislative eligibility and separation of powers, and provided a synopsis of the cases. He explained that Article V applies to all three branches of government while Article VI, Section 6 applies only to legislators.
Vice Chair Sullivan suggested that the commission discuss the scope of the practical problems of these two provisions and that the discussion take place on two levels: the separation of powers as applied to all three branches of state government as contained in Article V, and legislative eligibility as discussed in terms of a public office of profit or trust as contained in Article VI, Section 6.
MOTION: Vice Chair Sullivan moved that the commission continue its discussion of Article V and Article VI, Section 6. The motion passed unanimously, with Rep. Jones and Mr. Jensen absent for the vote.
5. Adjourn
The meeting adjourned at 12:07 p.m.
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