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MINUTES OF THE

        
LEGISLATIVE MANAGEMENT COMMITTEE

November 17, 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. Joseph L. Hull
    Sen. Al Mansell
    Sen. E. George Mantes
    Rep. Steve Barth            
    Rep. Judy Ann Buffmire
    Rep. Kevin S. Garn             
    Rep. David M. Jones        
    Rep. John L. Valentine
    

Members Excused:
    Sen. Scott N. Howell

Members Absent:
    Rep. Gene Davis

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 - Vice-chairman Brown called the meeting to order at 3:50 p.m.
    
2.     Approval of the October 20, 1998 Minutes

    MOTION: Sen. Blackham moved to approve the minutes of the October 20, 1998 meeting. The motion passed unanimously. Sens. Hull and Mantes and Rep. Barth were absent for the vote.

3    3.    Occupational and Professional Licensure Sunrise Task Force Report-
    Sen. Mansell, co-chairman of the task force, presented the 1998 final report to the committee which included an overview of the Occupational and Professional Licensure Sunrise Task Force and its duties; issues and data considered by the task force; recommendations of the task force; and proposed legislation. Sen. Mansell reported that the task force determined there should be a sunrise review procedure prior to the introduction of any new legislation to regulate or license a new profession or occupation. He said the task force recommended the creation of a review committee for this purpose. The review committee should be independent from the Division of Occupational and Professional Licensing. Sen. Mansell discussed the task force's recommendations regarding the membership of the review committee and the review criteria to determine the need for regulation. The task force also recommended that the review committee be available to conduct selected sunset reviews of licensing acts.
    Mr. Keith Woodwell, Office of Legislative Research and General Counsel, reviewed the draft legislation "Occupational and Professional Licensure Review Committee," which creates the Occupational and Professional Licensure Review Committee . Mr. Woodwell discussed provisions in the bill regarding membership of the committee, applications and fees, duties of the committee, and review criteria.

    Vice-chairman Brown expressed appreciation to Sen. Mansell and those involved with the task force and noted that this subject area is very critical and complicated.

4.     Olympics -
    Sen. Myrin and Rep. Tanner, co-chairs of the Sports Advisory Committee, presented a letter and a list of proposed legislative studies for the 1999 interim. Sen. Myrin said the Legislature has the opportunity to make significant decisions in 1999 that will affect the State in its differing roles as a partner in hosting the Olympics, as a creditor and secured party, and as a potential post Olympics supporter of winter sports. The legislative members of the Sports Advisory Committee are concerned that there has not been adequate legislative review of the issues that directly impact these roles. Therefore, on behalf of the committee, Sen. Myrin requested that the Legislative Management Committee: (1) recommend that the proposed study list be included in the Legislature's 1999 General Session Master Study Resolution; and (2) conceptually approve the outline of proposed legislation to be prepared for the 1999 General Session.

     MOTION: Sen. Hillyard moved that the Legislative Management Committee approve the proposed study list as part of the 1999 Master Study Resolution. The motion passed unanimously. Sens. Hull and Mantes, and Rep. Barth were absent for the vote.

    Rep. Tanner explained that the proposed legislation reconstitutes the existing committee to better consider Olympic-related issues, changes the name of the committee to Olympic Coordination Committee, and increases the number of members and the composition of the committee. Rep. Tanner commented that the restructuring of the committee would increase legislative oversight of the state's involvement in the Olympics.

     MOTION: Sen. Blackham moved that the Legislative Management Committee conceptually approve the proposed legislation to be prepared for and introduced in the 1999 General Session. The committee discussed the potential impact of this proposed legislation. Noting that there would not be another Legislative Management Committee meeting before the general session, Sen. Blackham withdrew the motion.

    The members voiced concern about the potential for increased partisanship, increased financial responsibility, treatment of representation, and the even number of the committee membership.

    Vice-chairman Brown summarized from the comments that the Legislative Management Committee appears to not support the proposed legislation at this point, but recommended the sponsors continue their efforts and noted the members can look for legislation to be presented and a good discussion to be held during the upcoming session. Vice-chairman Brown expressed very sincere thanks to Sen. Myrin and Rep. Tanner for their hard work and report.

5.    Legislative Process Committee Recommendations
    Sen. Blackham reported that the Legislative Process Committee at its November 16, 1998 made the following recommendations: (1) that salary recommendations of the Legislative Compensation Commission take effect automatically unless affirmative action is taken by the Legislature to modify their proposal; and (2) that motions to concur in the other house's amendments be delayed until the next legislative day and be placed on the calendar for notice after the communication is read, except the final two days of the session. Sen. Blackham informed the committee that these changes would require legislation and a rule change.

    Mr. John Massey, Legislative Fiscal Analyst, commented on potential conflicts with the rules requiring passage of certain money-related bills by certain dates. Sen Mansell stated that the Senate and House Rules Committees have reviewed these recommendations and support them.

     MOTION: Sen. Hillyard moved that the Legislative Management Committee support only the second recommendation of the Legislative Process Committee. He stated his preference to have salary recommendations of the Legislative Compensation Commission be voted on every year.

     SUBSTITUTE MOTION: Rep. Barth moved that the Legislative Management Committee support both recommendations of the Legislative Process Committee. The motion passed with Sen. Hillyard noting he was voting in opposition on the salary recommendation only. President Beattie and Rep. Valentine were absent for the vote.
    
6.    Juvenile Justice Task Force Request
    Sen. Hillyard informed the committee that the juvenile justice system has been the focus of an audit by the Office of the Legislative Auditor General during the 1998 interim, but the audit will not be completed until January. The Juvenile Justice Task Force was therefore not able to review the audit or make recommendations based on the audit findings at the task force's last authorized meeting in November. He said the audit will provide much needed information regarding duplication within agencies and development of a method to evaluate programs. He noted 4 of the 8 legislative members will no longer be legislators as of January 1, 1999, and the task force statutorily expires in December. Sen. Hillyard requested approval for the task force to meet on January 14, 1999, and to have staff present at that meeting and be available to draft legislation.

    MOTION: President Beattie moved that the Legislative Management Committee authorize

Sen. Hillyard to ask permission from leadership for the Juvenile Justice Task Force to meet in January after the Audit Subcommittee has reviewed the audit. He also advised the task force to request prioritization of its legislation from leadership, if needed. The motion passed unanimously. Reps. Barth and Valentine were absent for the vote.

7.    In Re Young
    Ms. Taylor discussed the potential impact on the Legislature of the In Re Young decision, which states that legislators may not appoint or serve as members of the Judicial Conduct Commission. She said that the Legislature's oversight of the judiciary has been impacted by this decision. Ms. Taylor explained that this decision may affect all boards with mixed branch membership. She informed the committee that the Judicial Conduct Commission has filed a motion to enlarge the time to file a petition for rehearing of the case to clarify the status of that commission.

    Sen. Hillyard recommended that the legislative legal staff be included in a rehearing of the case. He discussed the possibility of a constitutional amendment to clarify the structure of the Judicial Conduct Commission, the power of address, and possibly other related legislative options.

    Ms. Taylor presented options for dealing with this decision including filing an amicus and proposing constitutional amendments to clarify separation of powers with regards to mixed boards and the appropriate role of the Legislature in the oversight of judges. She stressed that these actions could run concurrently.

    MOTION: Sen Hillyard moved to direct staff to file a petition with the court as broadly as staff feels is appropriate to present the Legislature's perspective, subject to the review of the Speaker and the President. Sen. Dmitrich asked about having legislation prepared at the same time. Rep. Jones asked about the option of taking no action. Pres. Beattie discussed possible ramifications of taking no action and also the legislation that is being prepared for consideration. The motion passed unanimously. Reps. Barth and Valentine were absent for the vote.

8.    Other Business
    
    MOTION: President Beattie moved that , in accordance with section 36-12-7, the Legislative Management Committee authorize the Executive Appropriations Committee membership of the 53rd Legislature to meet in December with authorization for per diem and expenses. The motion passed unanimously. Reps. Barth and Valentine were absent for the vote.

9.    Adjournment

    MOTION: Sen. Hillyard moved to adjourn the meeting at 5:15 p.m. The motion passed unanimously.

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