MINUTES OF THE
HOUSE GOVERNMENT OPERATIONS STANDING COMMITTEE
Room 30, House Building
March 6, 2015
Members Present: Rep. Jack Draxler, Chair
Rep. Brad Daw, Vice Chair
Rep. Patrice Arent
Rep. Rebecca Chavez-Houck
Rep. Fred Cox
Rep. Merrill Nelson
Rep. Lee Perry
Rep. Val Peterson
Members Excused: Rep. Keith Grover
Rep. Dean Sanpei
Staff Present: Mr. Brian Bean, Policy Analyst
Ms. Kathy Gessel, Committee Secretary
Note: A list of visitors and handouts are filed with committee minutes.
Chair Draxler called the meeting to order at 4:30 p.m.
MOTION: Rep. Perry moved to approve the minutes of the March 5, 2015, meeting. The motion passed unanimously with Rep. Arent, Rep. Chavez-Houck, Rep. Nelson, and Rep. Peterson absent for the vote.
S.J.R. 14 Joint Resolution Supporting Creation of a GI Bill for the Utah National Guard (Sen. K. Mayne)
Sen. Mayne explained the resolution.
MOTION: Rep. Daw moved to pass the resolution out favorably. The motion passed unanimously with Rep. Nelson and Rep. Peterson absent for the vote.
MOTION: Rep. Perry moved to place S.J.R. 14 on the Consent Calendar. The motion passed unanimously with Rep. Nelson and Rep. Peterson absent for the vote.
3rd Sub. S.B. 137 Campaign and Financial Reporting Requirements Revisions (Sen. T. Weiler)
Sen. Weiler explained the bill.
MOTION: Rep. Daw moved to amend the bill as follows:
1. Page 5, Lines 136 through 138:
136 (1) Except as provided in Subsection (5), a person may not send an email { , } using the
137email of a public entity, for a political purpose or to advocate for or against a ballot
138proposition.
The motion passed unanimously with Rep. Peterson absent for the vote.
MOTION: Rep. Daw moved to pass the bill out favorably as amended. The motion passed unanimously with Rep. Peterson absent for the vote.
H.B. 425 Financial Disclosure Modifications (Rep. Brian S. King)
Rep. Brian King explained the bill.
MOTION: Rep. Daw moved to amend the bill as follows:
1. Page 4, Line 106:
106 (ii) the approximate date on which the regulated officeholder's employment began;
2. Page 4, Line 112:
112 (iv) the approximate date on which the regulated officeholder became an owner or officer for the
3. Page 4, Line 120:
120 (iii) the approximate date on which the regulated officeholder first received income from the
4. Page 5, Lines 137 through 138:
137 (iv) the approximate date on which the regulated officeholder accepted a position on the board of
138directors or a paid leadership capacity position;
The motion passed unanimously with Rep. Peterson absent for the vote.
MOTION: Rep. Daw moved to pass the bill out favorably as amended. The motion passed unanimously with Rep. Peterson absent for the vote.
H.B. 444 Charter School Funding Task Force (Rep. F. Gibson)
Rep. Gibson explained the bill.
Spoke for the bill: Royce Van Tassell, Executive Director, Utah Association of Public Charter Schools
Chase Clyde, Utah Education Association
MOTION: Rep. Perry moved to pass the bill out favorably. The motion passed unanimously with Rep. Peterson absent for the vote.
H.B. 387 Citizens' Customer Satisfaction Program (Rep. S. Eliason)
Rep. Eliason explained the bill.
Spoke to the bill: Debbie Cragun, Executive Director, Department of Human Resource Management
Salvadore Petilos, Director, Utah Deputy of Alcoholic Beverage Control
John Valentine, Chair, Utah State Tax Commission
Spoke for the bill: Jackie deGaston, citizen
Spoke against the bill: Kory Holdaway, Utah Public Employees' Association
MOTION: Rep. Cox moved to amend the bill as follows:
1. Page 16, Line 480 through Page 17, Line 497:
480public service entity.
481 { (2) (a) "Government entity" means a department, agency, division, office, authority,
482library, unit, bureau, program, or other unit of the state.
483 (b) "Government entity" includes the judicial branch of the state.
484 (c) "Government entity" does not include a political subdivision or an entity of a
485political subdivision of the state, a state institution of higher education, a school district, a
486public school, or an independent corporation as defined in Section 63E-1-102. }
487 { (3) "Office," except as used in Subsection (2)(a), } (2) "Office" means the Office of the Utah State
488Auditor.
489 { (4) "Program," except as used in Subsection (2)(a), } (3) "Program" means the Citizens' Customer
490Satisfaction Program created in Section 67-3-203.
491 { (5) } (4) "Public service entity" means { a government entity:
492 (a) that receives public funds;
493 (b) that expends funds described in Subsection (5)(a); and
494 (c) with which an individual citizen may initiate contact to receive, for the individual
495or the individual's immediate family, a statutorily authorized benefit or service. } the Department of Alcoholic Beverage Control, created in Section 32B-2-203, or the Motor Vehicle Division, created in Section 41-1a-106.
496 { (6) } (5) "Interaction" means an individual act under the program to covertly observe a
497public service entity in a manner authorized by this part.
2. Page 17, Line 510 through Page 19, Line 572:
510 (b) identify any public service entity practices that are not in compliance with state law,
511rule, or policy, or generally accepted customer service practices.
512 { (2) Before July 1 of each year, the state auditor shall:
513 (a) create a list of all public service entities in the state; and
514 (b) from the list created under Subsection (2)(a), choose the public service entities that
515the auditor believes would benefit most from the program's assessment. }
516 { (3) } (2) (a) Before January 1 of each year, the state auditor shall consult with the head of
517each public service entity { chosen under Subsection (2)(b) } to:
518 (i) identify the services provided by the public service entity that are subject to the
519program's assessment;
520 (ii) obtain performance measures for the services described in Subsection { (3) } (2) (a)(i) that
521the program will measure, including a scoring system by which the state auditor will rate the
522public service entity's customer service; and
523 (iii) obtain, from the head of the public service entity, goals for the public service
524entity's customer service, using the performance measures obtained under Subsection { (3) } (2) (a)(ii).
525 (b) If the state auditor cannot obtain performance measures or goals from the head of a
526public service entity under Subsection { (3) } (2) (a), the state auditor shall notify the legislative
527committee that has oversight over the public service entity.
528 (c) In addition to the performance measures obtained under Subsection { (3) } (2) (a)(ii) for
529each public service entity, the state auditor shall establish a scoring system by which the state
530auditor shall rate the customer service of all public service entities { chosen under Subsection
531(2)(b) } .
532 { (4) } (3) For each calendar year, the state auditor shall, for each public service entity { chosen
533under Subsection (2)(b) in the previous year } :
534 (a) create a plan, based upon the performance measures obtained in Subsection { (3) } (2) , to
535covertly observe and evaluate the public service entity's performance;
536 (b) collect detailed data on each interaction conducted under the program, including the
537name of each of the public service entity's employees who were contacted during the
538interaction; and
539 (c) score the public service entity according to the scoring system for each performance
540measure established under Subsection { (3) } (2) .
541 { (5) } (4) (a) To complete the duties described in this section, an individual engaging in an
542interaction may covertly observe the customer service offered by a public service entity:
543 (i) in person;
544 (ii) by telephone; or
545 (iii) through electronic communication.
546 (b) The state auditor may covertly record an interaction.
547 (c) The state auditor may not covertly observe or record a direct interaction between a
548public service entity and another person unless that person is associated with the program or
549the Office of the Utah State Auditor.
550 { (6) } (5) The state auditor may pay a stipend to a person that:
551 (a) performs an interaction for the program; and
552 (b) is not otherwise associated with the program.
553 Section 14. Section 67-3-205 is enacted to read:
554 67-3-205. Reporting and tracking results -- Online database.
555 (1) The state auditor shall, for each public service entity the program interacts with
556under Subsection { 67-3-103(4) } 67-3-204(3) , prepare a detailed report each month that contains:
557 (a) the name of the public service entity;
558 (b) the performance measures and goals obtained under Subsection 67-3-204 { (3) } (2) for the
559public service entity;
560 (c) a summary of the plan created under Subsection 67-3-204 { (4) } (3) (a) for the entity;
561 (d) a description of the program's efforts to execute the plan described in Subsection
56267-3-204 { (4) } (3) (a);
563 (e) a compilation, analysis, and interpretation of the data collected under Subsection
56467-3-204 { (4) } (3) (c) and the scores recorded under Subsection 67-3-204 { (4) } (3) (d);
565 (f) an assessment of how the public service entity's performance relates to the
566performance measures and goals obtained under Subsection 67-3-204 { (3) } (2) for the entity;
567 (g) a description of each interaction, including:
568 (i) the name of each of the entity's employees who were contacted during the
569interaction; and
570 (ii) the scores recorded under Subsection 67-3-204 { (4) } (3) (d) for the interaction;
571 (h) an explanation of any observed patterns of the public service entity's practices that do not appear
572to be in compliance with state law, rule, or policy or with generally accepted customer service
3. Page 20, Lines 591 through 601:
591 (1) Upon receipt of a report under Subsection 67-3-205(2), the head of the public
592service entity shall:
593 (a) identify each employee described in Subsection { 67-3-206 } 67-3-205 (1)(g)(i); and
594 (b) place a copy of the portions of the report that pertain to the employee in the
595employee's personnel file.
596 (2) (a) The head of a public service entity { chosen under Subsection 67-3-204(2)(b) } may
597establish a pecuniary incentive to award to an employee of the entity:
598 (i) who has an interaction under the program; and
599 (ii) whose performance, as measured under the program, meets or exceeds the goals
600obtained under Subsection 67-3-204 { (3) } (2) (a)(iii) for the entity.
601 (b) The head of a public service entity that establishes a pecuniary incentive under
The motion passed unanimously.
MOTION: Rep. Cox moved to send the bill to the Rules Committee as amended. The motion passed unanimously.
1st Sub. H.B. 376 Candidate Fundraising Amendments (Rep. D. McCay)
Rep. McCay explained the bill. A handout, "States that Prohibit Campaign Contributions During Legislative Sessions," was distributed to the committee.
Spoke for the bill: Maryann Martindale, Alliance for a Better Utah
MOTION: Rep. Arent moved to pass the bill out favorably. The motion passed unanimously.
MOTION: Rep. Peterson moved to adjourn the meeting. The motion passed unanimously.
Chair Draxler adjourned the meeting at 6:08 p.m.
__________________________
Rep. Jack Draxler, Chair