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MINUTES OF THE

            ADMINISTRATIVE RULES REVIEW COMMITTEE
              December 10, 1998 - 9:00 a.m. - Room 305 State Capitol

Members Present:            
    Sen. Howard A. Stephenson, Cochair
    Sen. David L. Buhler
    Sen. Mike Dmitrich
    Sen. Robert C. Steiner
    Rep. John B. Arrington
    Rep. James R. Gowans
    Rep. John E. Swallow
    

Members Excused:    
    Rep. Martin R. Stephens, Cochair
    Rep. David Ure
Staff Present:
    Mr. Arthur L. Hunsaker,
     Research Analyst
    Ms. Esther D. Chelsea-McCarty,
     Associate General Counsel
    Ms. Barbara A. Teuscher,
     Legislative Secretary

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

1.    Call to Order and Approval of Minutes of Meeting Held October 26, 1998 - Chair Stephenson called the meeting to order at 9:05 a.m.

     MOTION:    Rep. Arrington moved to approve the minutes of October 26, 1998. The motion passed unanimously. Sen. Steiner was absent for the vote.
    
2.    Highway Rights-of-Way (Sen. Stephenson) - Sen. Stephenson presented background information on this issue. He said the committee needs to know what statute or rule authority is in place giving the Utah Department of Transportation (UDOT) the ability to impose fees for rights-of-way and how the money is allocated

    Mr. Neal Christensen, Director, UDOT Administrative Services, distributed a handout from which he gave his presentation. He said that he was speaking on behalf of the Governor's Task Force on Longitudinal Access to Interstate Highway Rights-of-way. Mr. Christensen said prior to 1996 there was no authorized access on the interstate highway system and that the federal government did not allow access into interstate highway rights-of-way. Since the passage of the Telecommunication Act, it is the state's right to decide whether or not it will allow access into the interstate highway system. The department is currently considering interstate highway access. He discussed other relevant facts and highlighted policy questions the task force addressed. He explained it's recommendations, including a draft rule on rights-of-way, and discussed the authority to charge compensation provided in the Federal Telecommunications Act of 1996.

    Mr. Christensen said there has been much legal review done on the department's and state's rights to provide access, charge for it, and separate providers. Committee discussion followed.

    Mr. Craig Peterson, Limited Liability Consultant, distributed handouts from which he gave

his presentation. He then explained the rationale for the federal government's domain powers. Mr. Peterson referred to an engineering drawing of the rights-of-way issue on reconstruction of I- I5 at approximately 7800 South to explain his concern with the handling of surplus property. He then clarified the drawing and said one of the issues in the rule is compensation. Committee discussion and public comment followed Mr. Peterson's presentation.
    
    Mr. Christensen told the committee there were concerns about the potential policy questions that needed broader consideration before going forward. He said the issue was the foundation for the creation of the task force.

     MOTION: Sen. Buhler moved that if this issue goes forward, there should be legislation introduced and an opportunity for the Legislature to make the policy decision. The motion passed unanimously.

     3.    Draft Bill, "Reauthorization of Administrative Rules" - Mr. Hunsaker referred to a copy of the proposed draft "Reauthorization of Administrative Rules." He presented background information on the legislation. Referring committee members to R477-8, Working Conditions, he said the committee requested that the Office of the Legislative Fiscal Analyst determine what the financial consequence would be to the state if the current rule was kept in place. Mr. Bill Greer, Fiscal Analyst, distributed a memo addressing the issue. He said funding would have to be added to the termination pool additive during the budgeting process.

    MOTION:    Rep. Swallow moved to recommend the draft bill to the Legislature. The motion passed unanimously.
            
4.    Staff Reports

             a.    August 1 Bulletin Analysis - Mr. Hunsaker said the committee had directed staff to prepare an analysis of the bulletin. Staff found no substantive issues to raise.

             b.    Criminal Penalties in Rule Update - Ms. Esther Chelsea-McCarty, distributed a handout and said she was asked by the committee to look at statutes that seemed to authorize criminal penalties for violation of a rule. Ms. Chelsea-McCarty said the committee may wish to review a distributed list of statutes during the next interim. Committee discussion followed. Sen. Steiner suggested the chairs of the Standing Judiciary Committees receive a copy of the list.
             c.    Statutory Miscites in Rule - Mr. Hunsaker indicated that former Rep. Byron Harward shared with staff the results of a statute/rule citation comparison and discovered a number of miscites in statute. Mr. Hunsaker said he would work with Ken Hansen's office to disseminate the information to state agencies so they could make the proper corrections.


5.    Committee Business -     Chair Stephenson acknowledged Sen. Buhler, Rep. Arrington, and Sen. Steiner and thanked them for their service to the committee.

6.    Adjourn - MOTION: Sen Buhler moved to adjourn the meeting at 11:40 a.m. The motion passed unanimously.



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