MINUTES OF THE

                                          LEGISLATIVE MANAGEMENT COMMITTEE

Tuesday, June 14, 2011 – 3:00 p.m. – Room 445 State Capitol


Members Present:

President Michael G. Waddoups, Chair

Speaker Rebecca D. Lockhart, Vice Chair

Sen. Scott K. Jenkins

Sen. Peter C. Knudson

Sen. Benjamin M. McAdams

Sen. Karen W. Morgan

Sen. Wayne L. Niederhauser

Sen. Ross I. Romero

Rep. Brad L. Dee

Rep. Gregory H. Hughes

Rep. Brian S. King

Rep. Ronda Rudd Menlove

Rep. Jennifer M. Seelig

Rep. Christine F. Watkins

Members Absent:

Sen. Patricia W. Jones

Rep. David Litvack


Staff Present:

Mr. Michael E. Christensen, Director

Mr. John L. Fellows, General Counsel

Ms. Phalin L. Flowers, Administrative Assistant


Note: A list of others present, a copy of related materials, and an audio recording of the meeting can be found at www.le.utah.gov.


1.   Committee Business


Chair Waddoups called the meeting to order at 3:26 p.m.


MOTION: Speaker Lockhart moved to approve the minutes of the April 5, 2011 meeting. The motion passed unanimously with Sen. Romero and Rep. King absent for the vote.


2.   Ethics Training Deadline


Chair Waddoups explained that LMC needs to decide whether to set the ethics training deadline for legislators and lobbyists on a yearly basis or as a permanent annual date.


MOTION: Sen. Jenkins moved to set the ethics training deadline for legislators and lobbyists as December 31. The motion passed unanimously with Sen. Romero and Rep. King absent for the vote.


3.   Changes to Policies of the Legislative Management Committee


Mr. Christensen distributed and discussed "Policies of the Legislative Management Committee." He explained that LMC already adopted the updated "Authorized Legislative Meetings," found on page 6 of the document, at the April 5, 2011 meeting. He said "Statutory and Legislative Rule Basis for Payment of Legislators For Authorized Meetings During Interim," found on page 4, has been updated to reflect changes made during the 2011 General Session, but that the changes have not been adopted by LMC.


MOTION: Sen. Romero moved to adopt the changes to "Policies of the Legislative Management Committee." The motion passed unanimously.



4.   Reappointment of the Director of the Office of Legislative Research and General Counsel


Chair Waddoups said that the 6-year term for the Director of the Office of Legislative Research and General Counsel, Mr. Michael Christensen, expires in December 2012. He said the reappointment of the Director will be handled through a joint resolution during the 2012 General Session, with the President and Speaker sponsoring the resolution.


5.   Letters to Legislative Management Committee


Chair Waddoups discussed a letter from the Executive Appropriations Committee regarding the assignment of an interim study to the Governor's Office of Planning and Budget.


MOTION: Sen. McAdams moved to approve the request from the Executive Appropriations Committee. The motion passed unanimously.


Chair Waddoups discussed a letter from the Social Services Appropriations Subcommittee regarding a request for two interim meetings.


MOTION: Sen. Knudson moved to approve the request of the Social Services Appropriations Subcommittee to hold two interim meetings and to approve the submitted agendas for those meetings. The motion passed unanimously.


Chair Waddoups discussed a letter from the Business and Labor Interim Committee regarding 2011 study items.


MOTION: Sen. Jenkins moved to approve the letter from the Business and Labor Committee with the financing of construction projects as an additional study item. The motion passed unanimously.


Chair Waddoups discussed a letter from the Education Interim Committee regarding 2011 study items.


MOTION: Rep. Seelig moved to add student performance measures at the Utah Schools for the Deaf and Blind to the Education Interim Committee's list of 2011 study items.


SUBSTITUTE MOTION: Sen. McAdams moved to grant the flexibility to the Education Interim Committee to allow them to study additional items as the chairs may decide. The substitute motion failed with Sen. McAdams, Sen. Morgan, Sen. Romero, Rep. King, Rep. Seelig, and Rep. Watkins voting in favor.


SUBSTITUTE MOTION: Rep. Dee moved to approve the letter from the Education Interim Committee as submitted to LMC. The substitute motion failed with Rep. Dee, Rep. Hughes, Speaker Lockhart,

Rep. Menlove, and Pres. Waddoups voting in favor.


The original motion failed with Sen. Jenkins, Sen. Knudson, Sen. McAdams, Sen. Morgan,

Sen. Niederhauser, Sen. Romero, Pres. Waddoups, Rep. Menlove, Rep. Seelig, and Rep. Watkins voting in favor.


MOTION: Sen. McAdams moved to amend the letter from the Education Interim Committee under item #1 to read: "School Funding - study public education funding, including equalization, charter school local replacement funds, Title I schools, and small school funding." The motion passed unanimously.


MOTION: Sen. Jenkins moved to approve the letter from the Education Interim Committee, as amended. The motion passed unanimously.


Chair Waddoups discussed a letter from the Education Interim Committee regarding reassigning 2011 study items.


MOTION: Sen. Morgan moved to reassign the study of "Division I Basketball Schedule Requirements" to the Workforce Services and Community and Economic Development Interim Committee. The motion passed unanimously.


MOTION: Speaker Lockhart moved to approve the letter from the Education Interim Committee, as amended. The motion passed unanimously.


Chair Waddoups discussed a letter from the Government Operations and Political Subdivisions Interim Committee regarding 2011 study items. He also directed staff to send a letter from the Legislative Management Committee chairs to all interim committee chairs regarding authorization of interim study items by LMC.


MOTION: Sen. Knudson moved to approve the letter from the Government Operations and Political Subdivisions Interim Committee.


SUBSTITUTE MOTION: Speaker Lockhart moved to amend the letter from the Government Operations and Political Subdivisions Interim Committee on page two, under "Electronic Signatures," to read: "to study the advisability and feasability of electronic signatures in candidate petitions, initiative/referendum petitions, and political party petitions and the potential questions regarding validity of those signatures." The motion passed unanimously.


MOTION: Sen. Knudson moved to approve the letter from the Government Operations and Political Subdivisions Interim Committee, as amended. The motion passed unanimously.


Chair Waddoups discussed a letter from the Health and Human Services Interim Committee regarding 2011 study items.


MOTION: Sen. Knudson moved to approve the letter from the Health and Human Services Interim Committee. The motion passed unanimously.


Chair Waddoups discussed a letter from the Judiciary, Law Enforcement, and Criminal Justice Interim Committee regarding 2011 study items.


MOTION: Sen. Romero moved to approve the letter from the Judiciary, Law Enforcement, and Criminal Justice Interim Committee. The motion passed unanimously.


Chair Waddoups discussed a letter from the Natural Resources, Agriculture, and Environment Interim Committee regarding 2011 study items.


MOTION: Rep. Dee moved to approve the letter from the Natural Resources, Agriculture, and Environment Interim Committee. The motion passed unanimously with Sen. Jenkins absent for the vote.


Chair Waddoups discussed a letter from the Revenue and Taxation Interim Committee regarding 2011 study items.


MOTION: Sen. McAdams moved to approve the Revenue and Taxation Interim Committee to study alternative forms of legal tender; sunset review on recycling market development zone tax credits; coal-to-liquids, oil shale, and tar sands technology; and streamlined sales tax update at their June 15, 2011 meeting, and to ask the Committee to submit a letter to the Legislative Management Committee listing the Committee's study items for 2011. The motion passed unanimously with Sen. Jenkins absent for the vote.


Chair Waddoups discussed a letter from the Transportation Interim Committee.


MOTION: Sen. McAdams moved to amend the letter from the Transportation Interim Committee by striking the line "as time permits and the need arises, additional items may be studied," and to approve the letter as amended. The motion passed unanimously with Sen. Jenkins absent for the vote.


Chair Waddoups discussed a letter from the Workforce Services and Community and Economic Development Interim Committee.


MOTION: Rep. Hughes moved to approve the letter from the Workforce Services and Community and Economic Development Interim Committee. The motion passed unanimously with Sen. Jenkins and

Rep. Menlove absent for the vote.


Chair Waddoups discussed a letter from Rep. Jim Nielson asking for a severance tax study by the Utah Tax Review Commission.


MOTION: Sen. Niederhauser moved to go to the next item on the agenda. The motion passed unanimously with Sen. Jenkins absent for the vote.


Chair Waddoups discussed a letter from the Executive Office and Criminal Justice Appropriations Subcommittee regarding a request for an interim meeting.


MOTION: Speaker Lockhart moved to approve the request from the Executive Office and Criminal Justice Appropriations Subcommittee and the submitted agenda. The motion passed unanimously with Sen. Jenkins absent for the vote.


Chair Waddoups discussed a letter from the Higher Education Appropriations Subcommittee regarding a request for an interim meeting.


MOTION: Speaker Lockhart moved to approve the request from the Higher Education Appropriations Subcommittee and the submitted agenda. The motion passed unanimously with Sen. Jenkins absent for the vote.


Chair Waddoups discussed a letter from the Government Operations and Political Subdivisions Interim Committee requesting an additional study item for the 2011 interim.


MOTION: Sen. Knudson moved to approve the letter from the Government Operations and Political Subdivisions Interim Committee. The motion passed unanimously with Sen. Jenkins absent for the vote.


Chair Waddoups discussed a letter from the Public Utilities and Technology Interim Committee regarding 2011 study items.


MOTION: Sen. McAdams moved to amend the letter from the Public Utilities and Technology Interim Committee by adding a line: "the Committee may also receive several agency reports on various issues relating to pipeline safety and hazardous materials management, cleanup, and discharge impact mitigation and study issues related thereto," and to approve the letter as amended. The motion passed unanimously with Sen. Jenkins absent for the vote.


Chair Waddoups discussed a letter from the Utah Tax Review Commission requesting permission to meet and study several items during the 2011 interim.


MOTION: Sen. Niederhauser moved to postpone action on the letter from the Utah Tax Review Commission. The motion passed unanimously with Sen. Jenkins absent for the vote.


6.   Recommendations from IT Steering Committee


Mr. Christensen introduced this item.


Mr. Thomas Vaughn, Associate General Counsel, and Mr. Mark Allred, IT Manager, Office of Legislative Research and General Counsel spoke to LMC about several recommendations by the Legislative Information Technology Steering Committee and answered questions.


Mr. Vaughn explained that the Steering Committee recommended the extension of the mobile phone contract with T Mobile for six months.


MOTION: Rep. Watkins moved to extend the mobile phone contract with T Mobile for six months. The motion passed unanimously with Sen. Jenkins absent for the vote.


Mr. Vaughn explained that ProTel performs maintenance and service on all legislative desk phones and the desk phone voicemail system. He said that ProTel will continue to support the aging system for a year and a half and that the Steering Committee recommends extending the contract with ProTel through June 30, 2012.


MOTION: Rep. Dee moved to extend the contract with ProTel through June 30, 2012. The motion passed unanimously with Sen. Jenkins absent for the vote.


Mr. Vaughn explained that the Steering Committee recommended extending the contract with International Role Call for an additional year.


Mr. Allred clarified that the Legislature would be under no obligation to actually use the International Role Call products if they extend the contract for an additional year, but that the Legislature would be able to continue using IRC's products without interruption if they renew the contract.


MOTION: Sen. Morgan moved to renew the contract with International Role Call for an additional year. The motion passed unanimously with Sen. Jenkins absent for the vote.


7.   Other Items / Adjourn


MOTION: Speaker Lockhart moved to adjourn the meeting. The motion passed unanimously with

Sen. Jenkins absent for the vote.


Chair Waddoups adjourned the meeting at 4:45 p.m.