Legislative Management Committee

and noted that the number of bills requested was reduced by about 200. He said that 60 percent of the numbered bills passed. He added that the governor addressed 409 items (400 bills and nine concurrent resolutions). He also outlined the history of the number of bills and resolutions passed between 1991-1997.
    B. Vetoed Legislation -- Mr. Strong explained that there were six bills that became law without the governor's signature and six bills that the governor vetoed. He also vetoed four line items in a supplemental appropriations act. He noted that the messages for these actions were included in the distributed packet.
    C. Reconvening -- Mr. Strong explained that the Utah Constitution requires the presiding officers to poll the legislators to determine whether or not the legislature is to be reconvened for an override session. The legislature would have to reconvene within 60 days of adjournment of the session if it is to reconvene for override purposes. He further highlighted the Joint Rules of the Legislature regarding the polling of the legislators. Chairman Brown stated that he will meet with President Beattie to organize the polling process.

5.    Legislative Management Organization
    A. Duties -- Mr. Strong outlined the duties of the Legislative Management Committee (LMC). He said that the committee has a variety of duties including organizing study assignments, providing the budget, and setting the meeting schedule for the interim committees.
    B. Subcommittees -- Mr. Strong outlined the LMC's three subcommittees including the Audit Subcommittee, Budget Subcommittee, and the Research and General Counsel Subcommittee. He also reviewed the actual memberships of the three subcommittees.
        
6.    Legislative Management Policies -- Mr. Strong reviewed the policies from the handout.
    A. General -- Mr. Strong outlined the process under which the LMC operates. He noted that these policies have not changed.
    B. Reimbursements -- Mr. Strong explained the provisions of Interim Rule 1.02 and reviewed the provisions relating to expenses and salary. He noted the deletion of "certain defined counties" and the increase in salary from $85 to $100 per day. He briefly reviewed the list of committees, task forces, commissions, etc. that qualify to be an "authorized legislative meeting."
    C. Voting Records -- Mr. Strong said that the voting records process has not changed.
    D. Committee Rooms -- Mr. Strong said that the proposed policy on the use of the committee rooms by nonlegislators has not changed.
    E. Work Requests -- Mr. Strong stated this proposed policy is the same as in the past.
    F. Overtime -- Mr. Strong said that this policy has likewise not been changed.
    G. Military Service Credit -- Mr. Strong said this policy was adopted several years ago and has not been changed.
    H. Purchase of Early Retirement Credit (new) -- Mr. Strong explained that this policy is similar to the Military Service Credit. He said if the committee chose to adopt the policy, it should probably incorporate some or all of the outlined conditions.

    Chairman Brown stated that there is a law on the books authorizing this type of a policy, and he felt that a policy should be considered for legislative staff. Sen. Howell asked that the number of legislative employees who would qualify be determined. Sen. Hull asked about the variety of programs within the retirement system. Ms. Nancy Sechrest, executive director, Utah Public Employees' Association (UPEA) explained that the standard is a minimum of 25 years of service necessary to qualify. She noted that there is not a standard beyond that, but negotiations are currently underway to see if some type of uniform standard could be established.

     MOTION: Sen. Hull moved to adopt the policy with a 10-year legislative service minimum, a 50/50 matching basis between employer and employee, a five-year maximum purchase, and cost savings to the legislative employing unit.

    Sen. Beattie suggested that the language "will purchase retirement credit" be changed to "may purchase retirement credit."

     SUBSTITUTE MOTION: Rep. Buffmire moved that the LMC go on record as favoring some kind of an early retirement program and ask the three legislative staff office directors to look at the options and come back with recommendations including a cost estimate for the committee to consider at the May 20 meeting. She suggested that the Chief Clerk of the House, the Secretary of Senate, and Mr. Kevin Howard from the Retirement Office be included in the discussion. She also asked that the number of employees affected by the proposed policy and a cost analysis be provided. The motion passed with Sen. Hull voting against.

    President Beattie noted that it is important to understand that this issue involves not only legislative employees but also state and local governmental employees. The issue of precedence is a significant one.
    I. Legal Counsel -- Mr. Strong noted that this policy has not been changed.
    J. Information Requests -- Mr. Strong said these policies are in accordance with Title 63, Government Record Access and Management Act (GRAMA), and were adopted in the past and have no changes proposed.

    MOTION: Sen. Hull moved to adopt all of the LMC policies with the exception of the Purchase of Retirement Service Credit. The motion passed unanimously.

7.    Proposed Study Items from HJR 19 and Additional Items -- Mr. Strong explained that recently, the LMC decided to allow the interim committees to choose the study items themselves from the Master Study Resolution and submit that list in writing to the LMC for approval. He also explained the background on the list of the additional requested master study items including proposed Senate floor amendments.

     MOTION: President Beattie moved to have all of the items identified by Mr. Strong as potential study items for consideration by the individual committees, and for them to then submit in writing to the LMC for its approval, their study choices. The motion passed unanimously.

     MOTION: Sen. Hillyard moved to have three additional study items be added: 1) research and development tax credit; 2) the uniform probate code; 3) updating the nonprofit corporation law. The motion passed unanimously.

8.    Sunset Reviews and Repealers -- Ms. Taylor outlined the items slated for sunset in 1998. She explained that departments or subdivisions of agencies are no longer included in the sunset process. She added that the sunset review process is now completely optional for the interim committees. She suggested that the list of sunset reviews and repealers be submitted to the interim committees to allow them to voluntarily decide to study them and report back to the LMC. She said that, if they are not studied, it would be up to the individual entities to have a bill prepared that would reauthorize them for whatever length of time they felt is appropriate.

     MOTION: Sen. Hillyard moved to permit the interim committees to review any of the sunset reviews and repealers and if no committee chooses to undertake a particular review, then to notify those entities that they would need to get support for their reauthorization. The motion passed unanimously.

9.    Additional Requests
    A. Information Technology Commission (ITC) -- Mr. Strong explained that the ITC had submitted a written list of the study items they plan to study during the interim period as a courtesy to the LMC.

     MOTION: Sen. Howell moved that the task force studying public education computer technology issues report to the ITC for coordination purposes. The motion passed unanimously.

    B. Education Interim Committee -- Mr. Strong explained that the Education Interim Committee is requesting permission to hold its annual joint meeting with the State Board of Education and State Board of Regents the day before interim on Tuesday, June 17. They are requesting the LMC's authorization to pay for any additional costs.

     MOTION: President Beattie moved to approve an additional per diem for that day and additional night's lodging or mileage. The motion passed unanimously.

    Ms. Patricia Crane, State Board of Regents, invited legislators to attend the events on Monday evening being held in conjunction with other activities.

    C. Two Items for Legislative Process
        a. Session length and Compensation -- Chairman Brown said that he felt it is important to study these items and that the Legislative Process Committee is the best place to review these issues.
        b. The Ethics Act -- Chairman Brown said he also thought this item should be studied by the Legislative Process Committee.

     MOTION: Rep. Valentine moved to refer to the Legislative Process Committee the following issues: 1) the Ethics Act; 2) legislative compensation (e.g. annual salary vs. per diem; and 3) the length of sessions. The motion passed unanimously. Sen. Howell was absent for the vote.

    Sen. Dmitrich suggested including legislative retirement under legislative compensation issues.

10.    Proposed Management/Executive Appropriations and Interim Meeting Schedule -- Mr. Strong distributed and outlined the proposed 1997 interim schedule including the LMC and the Executive Appropriations Committee. He said that the appropriations subcommittees have usually been authorized to meet up to two times during a year provided they submit a proposed agenda which is approved by the LMC. He added that the interim day for April has been moved to the fourth Wednesday from the traditional third Wednesday. However, the rest of the interim meetings would be held on the third Wednesday with six committees meeting in the morning and six in the afternoon. He noted the site visit has tentatively been set for the third Wednesday in September. Additionally, there are no interim meetings scheduled in December as was done in 1996 to permit preparation time for the general session.

     MOTION: Rep. Davis moved to authorize Appropriations Subcommittees to meet up to two times per interim upon the LMC's approval of a subcommittee's proposed agenda. The motion passed unanimously. Sen. Howell was absent for the vote.

     MOTION: Sen. Blackham moved to adopt the proposed interim schedule as printed. The motion passed unanimously. Sens. Howell and Mantes were absent for the vote.

    Chairman Brown suggested that when only Executive Appropriations is meeting in a month that the meetings start at 2:00 p.m. and when the LMC is also meeting that Executive Appropriations start at 1:00 p.m. and the LMC at 3:00 p.m.

11.    1997 Site Visit -- Mr. Strong reviewed the site visit proposal adopted in concept at the last LMC meeting which would be a site visit in September in the Duchesne, Daggett, and Uintah counties. He explained that the site-visit committee would like leadership to determine dates so hotel reservations can be made. Chairman Brown suggested that the committee be invited to the May meeting to finalize the dates and other arrangements.

     MOTION: Rep. Barth moved to hold a two-day site visit on Wednesday and Thursday of the second week in September.

     SUBSTITUTE MOTION: Sen. Hillyard moved to adopt a two-day site visit and ask the site-visit committee to report at the May meeting as to which two days would be best in either the second or third week of September. The motion passed unanimously. Sen. Mantes was absent for the vote.

     MOTION: Sen. Howell moved to have staff in the first interim mailing distribute a letter to all legislators requesting proposals for the 1998 legislative site visit. The motion passed unanimously. Sen. Mantes was absent for the vote.

12.    Status of Current and Proposed Interim Committee Budgets - Mr. Leo Memmott, Legislative Fiscal Analyst, said that unless something unusual happens within the next two or three months, all of the budgets should continue to be well within the budget projections made for the remainder of the fiscal year.

    Mr. Strong explained that in H.B. 313, Electrical Deregulation Customer Choice Task Force, there is a provision requiring a final report dealing with all issues and proposed legislation be presented to one or more interim committees as designated by the Legislative Management Committee.

     MOTION: Sen. Howell moved to have the task force report to the Public Utilities and Technology Interim Committee, the Business, Labor, and Economic Development Interim Committee, and the Legislative Management Committee by November 30, 1997. The motion passed unanimously. Sen. Mantes was absent for the vote.

    President Beattie suggested that the report also be given in caucus meetings on interim day in November.

13.    Adjournment -

    MOTION: Rep. Davis moved to adjourn the meeting at 5:10 p.m. The motion passed unanimously. Sens. Dmitrich, Hull, and Mantes were absent for the vote.


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