MINUTES OF THE

UTAH CONSTITUTIONAL REVISION COMMISSION

Friday, February 2, 2001 - 12:00 p.m. - Room 405 - State Capitol





Members Present: Mr. Alan L. Sullivan, Chair

Dr. Jean B. White, Vice Chair

Mr. W. Craig Jones

Rep. Patrice Arent

Rep. Afton B. Bradshaw

Mr. Mike Christensen

Justice Christine Durham

Sen. Dave Gladwell

Mr. Byron Harward

Mr. Dallin W. Jensen

Mr. Morris Linton

Prof. Kevin Worthen

Sen. John Valentine

Members Absent:

Sen. Mike Dmitrich

Speaker Martin R. Stephens

Mr. Robin Riggs



Staff Present:

Mr. Jerry D. Howe,

Research Analyst

Mr. Robert H. Rees,

Associate General Counsel

Ms. Audrey Wendel,

Legislative Secretary

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





1. Call to Order and Introduction of New Members



Chair Sullivan called the meeting to order at 12:15 p.m. and introduced Rep. Patrice Arent, Mr. Mike Christensen, Sen. Dave Gladwell, and Sen. John Valentine, as new members of the commission.

2. S.J.R. 3 "Joint Resolution amending Revenue and Taxation Article - Exemptions" (Sen. Michael Waddoups)



Sen. Waddoups explained that local governments provide services that directly compete with the private sector. When the government does this it has an advantage because it does not pay property tax. This resolution, he said, allows the legislature to tax properties owned by municipalities and city governments in order to provide a more level playing field for the private sector. Although Sen. Waddoups said that he is not sure if these city owned properties should be taxed, the legislature should at least debate the issue, he explained. Mr. Harward asked if the resolution ought to be drafted more narrowly to only allow the taxation of property that is in competition with the private sector. Sen. Waddoups said he would not object to the resolution being drafted that way.



MOTION: Byron Harward moved that the commission study this issue with the intent of making a recommendation on the issue to the legislature prior to its next General Session. The motion passed unanimously with Sen. Dmitrich, and Speaker Stephens, and Mr. Riggs absent for the vote.



3. H.J.R. 4 "Constitutional Amendment to Highway User and Motor Fuel Fund

(Rep. Scott Daniels)



Rep. Daniels referred the commission to Article XIII, Section 13, which establishes the transportation fund. He explained that the resolution would expand the flexibility of these funds to include public transportation.



Justice Durham asked if the "public transportation system funds" would be restricted to infrastructure investments. Rep. Daniels asked for suggestions from the commission regarding limitations of the funds. Mr. Harward suggested the funds be used for public transportation systems rather than other types of transportation.



Justice Durham clarified that this resolution would be a significant expansion of the legislature's power to utilize these funds.



MOTION: Justice Durham moved that the commission study this issue with the intent of making a recommendation on the issue to the legislature prior to its next General Session. The motion passed unanimously with Speaker Stephens and Sen. Dmitrich absent for the vote.



(Rep. Matt Throckmorton)



It was reported that Rep. Throckmorton had notified staff that this resolution would not be introduced during the 2001 General Session and was therefore not discussed by the commission.



  • Other Business


The commission scheduled a tentative meeting for Friday, April 13, 2001 at 9:00 a.m. Chair Sullivan encouraged commission members to provide recommendation for issues to be discussed during the 2001 interim.



  • Adjournment


MOTION: Mr. Kevin Worthen moved to adjourn. The motion passed unanimously at 12:45 p.m.