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Legislative Management Committee

        

MINUTES OF THE

        
LEGISLATIVE MANAGEMENT COMMITTEE

May 20, 1997-- 3:00 p.m. -- Room 303 State Capitol


Members Present:                      President R. Lane Beattie, Chair             Speaker Melvin R. Brown             Sen. Leonard M. Blackham
    Sen. Mike Dmitrich
    Sen. Lyle W. Hillyard
    Sen. Joseph L. Hull
    Sen. Scott N. Howell
    Sen. E. George Mantes
    Sen. Craig A. Peterson
    Rep. Steve Barth            
    Rep. Judy Ann Buffmire
    Rep. Gene Davis
    Rep. Christine R. Fox            
    Rep. Kevin S. Garn             
    Rep. David M. Jones        
    Rep. John L. Valentine
    


Staff Present:
    Richard V. Strong,
     Director
    M. Gay Taylor,
     General Counsel
    Karen E. Mecham,
     Secretary


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

1.    Call to Order
- Chairman Brown called the meeting to order at 3:35 p.m.

2.    Approval of the Minutes of April 2, 1997 --

     MOTION: Rep. Buffmire moved to approve the minutes of the April 2, 1997 meeting. The motion passed unanimously. Sen. Howell and Reps. Barth, Davis, and Fox were absent for the vote.
    
3.    1997 Site Visit -- Rep Seitz asked the Legislative Management Committee (LMC) to make a final determination on the September dates for the Uintah Basin site visit.

     MOTION: Sen. Hull moved to hold the site visit on Wednesday, September 17 and Thursday, September 18, 1997 with optional activities for Friday. The motion passed unanimously. Sen. Howell and Rep. Buffmire were absent for the vote.

    Rep. Seitz outlined a tentative schedule for public meetings. Chairman Brown felt that public meetings should be held in the evening for best attendance. Rep. Seitz said that he would arrange public meetings in Roosevelt and Vernal on the first evening. Chairman Brown

suggested having public meetings on two evenings with authorization for up to two nights lodging.

     MOTION: Rep. Barth moved to authorize two-nights lodging and per diem and expenses with town meetings both evenings. The motion passed unanimously. Sen. Howell and Rep. Buffmire were absent for the vote.

    Rep. Seitz said he would bring a more detailed schedule to the next LMC meeting. President Beattie asked Rep. Seitz to make sure that the Chamber of Commerce and mayors help design the visit to showcase the needs of the area as they perceive them. He noted that this visit completes the circle since the Legislature held its first site visit in the Uintah area. He said that he would like to see how things have changed since that time. Chairman Brown suggested that a straw poll be taken on interim day to determine interest in seeing the annual fish netting on the Green River by the Division of Wildlife Resources.
        
4.    Responses for 1998 Site Visit -- Mr. Strong reviewed the two responses for the 1998 visit. He noted that the request for proposals has a deadline of June 1, 1997. He stated that the legislators submitting the proposal involving the Kane/Garfield area need a determination as soon as possible in order to enable them to make the necessary lodging arrangements.

    Mr. Strong also reviewed the letter from Sen. Dmitrich and Rep. King inviting the Legislature to the Carbon/Emery County area in either 1998 or 1999. Chairman Brown suggested that a decision on the 1998 site visit be made at the next LMC meeting.

5.    Review of Management Policy re: Lodging and Travel -- Ms. Taylor outlined the changes proposed. She noted there is some confusion in the rule and suggested it be addressed at the next general session. She said that the proposed LMC policy states that compensation is $100, subsistence allowance is $35, and legislators may also receive mileage and lodging for attendance at authorized legislative committee meetings.

     MOTION: Sen. Howell moved to adopt the clarification in the policy. The motion passed unanimously. Sen. Peterson, Reps. Barth and Garn were absent for the vote.

6.    Review of Management Action re: Joint Education Meetings -- Mr. Strong outlined the motion passed at the last meeting. He noted the Logan meeting will be in lieu of the regular interim meeting.

     MOTION: Sen. Beattie moved to approve the additional per diem, subsistence, mileage, and lodging to conform to the policy adopted in the previous motion. Sen. Peterson, Reps. Barth and Garn were absent for the vote.

7.    Revenue and Taxation Interim Committee Request re: Joint Meetings
-- Mr. Strong outlined the request to have the Revenue and Taxation Interim Committee attend meetings of the Tax Review Commission (TRC). He noted that in the past, two meetings have been approved for each committee member.
    
     MOTION: Sen. Howell moved to authorize funding for all the members of the Revenue and Taxation Interim Committee to attend two TRC meetings, giving the chairs discretion as to who attends which meetings.

     SUBSTITUTE MOTION: Sen. Hillyard moved to approve funds to allow each member of the Revenue and Taxation Interim Committee to attend up to two TRC meetings. If additional funds are needed, the chairs will need to request the additional funding. The motion passed unanimously. Sens. Peterson and Howell, and Reps. Barth and Jones were absent for the vote.

8.    Study Requests from the 12 Interim Day Committees-- Mr. Strong, referring to the distributed packet, briefly discussed each of the requests. He noted that some issues are being requested by more than one committee, but their studies would probably be conducted by looking at the issue with different concerns and objectives.

    Mr. Strong said that the Business, Labor, and Economic Development Interim Committee has ten items on the major list and another 13 items to be considered, if time permits. He noted the committee will not conduct any sunset reviews this year. Mr. Strong said that there are five general topic areas with subareas on the Education Interim Committee study list.     The committee also expects to review any reports required by law to be presented to it. Mr. Strong said the Government Operations Interim Committee has listed 33 items for study and noted that the chairs of the committee do not agree on some of the study issues on their list as noted with an asterisk.

     MOTION: Rep. Davis moved to request that the Government Operations Interim Committee chairs clarify the interim study list by removing the ones they disagree on by the next LMC meeting and they consider only studies relative to their subject area.

    Sen. Beattie suggested the motion was premature and the LMC should hear the entire report before taking action. Rep. Davis withdrew his motion.

    Mr. Strong explained that Sen. Tanner, senate chair of the Health and Human Services Interim Committee, has been out of the state so the committee has requested eight general areas to be refined upon Sen. Tanner's return. Mr. Strong said the Judiciary Interim Committee has six study items on its list with five additional study items, if time permits and continue its study of civil fines of regulatory agencies. The Law Enforcement and Criminal Justice Interim Committee has 10 items listed. The Natural Resources, Agriculture and Environment Interim

Committee has 15 items to study plus five additional items, if time permits. The Political Subdivisions Interim Committee has 15 items but will narrow the list as the year progresses. The committee also requested to review reports required by statute, etc. Mr. Strong said the Public Utilities and Technology Interim Committee cochairs are coordinating with the Information Technology Commission and have identified four items for study. The Revenue and Taxation Interim Committee has 20 items it wishes to study, which includes the study of property taxation and intangible assets. He noted a second letter requesting authorization to study taxes and fees on hazardous waste. The Transportation Interim Committee provided a list of eight items for study and any other reports as required or needed. The Workforce Services Interim Committee has six items for study.
    
     MOTION: President Beattie moved to have staff prepare a letter notifying the interim committee chairs that they need to agree on all study items, they are to limit study requests to no more than eight items concentrating on issues where the committee can have an impact, the issues related to the committee's subject area, and the issues that are critical to the state. The motion passed unanimously. Sens. Hillyard, Howell, and Peterson and Reps. Barth and Davis were absent for the vote.

9.    Study Requests from the Information Technology Commission (IT Commission) _ Mr. Strong highlighted the IT Commission request to study five items including.

     MOTION: Rep. Jones moved to have the IT Commission study Smart Card and not to have the Transportation or Business, Labor, and Economic Development Interim Committees duplicate this study. The motion passed unanimously. Sens. Hillyard, Howell, and Peterson and Reps. Barth and Davis were absent for the vote.

10.    Report Request from the Joint Group on Children and Youth at Risk -- Mr. Strong outlined the request to have the interim report on autism assigned to an interim committee.

    MOTION: President Beattie moved to assign this report to the Education Interim Committee. The motion passed unanimously. Sens. Hillyard, Howell, and Peterson and Reps. Barth and Davis were absent for the vote

11.    Meeting Request from the Capital Facilities and Administrative Services Appropriations Subcommittee
-- Mr. Strong said that the subcommittee is requesting permission to hold one interim meeting to address eight study items.

    MOTION: President Beattie moved to approve the request. The motion passed unanimously. Sens. Hillyard, Howell, and Peterson and Reps. Barth and Davis were absent for the vote.


12.    Field Trip Request from the Natural Resources, Agriculture, and Environment Interim Committee -- Mr. Strong outlined the request for authorization to visit sites in Washington, Garfield, and Wayne counties. The purpose of the trip is to review proposals for developing new water supplies in southwest Utah, visit proposed water project sites, and assess the impacts of the designation of the Grand Staircase - Escalante National Monument. The total expenses for the 18-member committee would be $9,025.

    MOTION: Sen. Dmitrich moved to approve the request with a report back to the Legislative Management Committee.

    Sen. Hillyard noted that the next agenda item is also a request from the Natural Resources, Agriculture and Environment Interim Committee and the two issues should be reviewed to determine the costs of both requests before making a decision.

    SUBSTITUTE MOTION: Sen. Hillyard moved to review both requests by the Natural Resources, Agriculture and Environment Interim Committee before taking motions. The motion passed unanimously. Sen. Peterson and Reps. Barth and Davis were absent for the vote.

13.    Work Group Request from the Natural Resources, Agriculture, and Environment Interim Committee
-- Mr. Strong explained the request for authorization of a work group to study and identify appropriate planning processes and means of involving the public when the Division of Wildlife Resources transplants wildlife, acquires land, or makes changes in the use of its land.

    MOTION: Rep. Buffmire moved to deny the work group request. She noted that the proposal did not even qualify under the minimum standards for a legislative subcommittee. She suggested if the interim committee chose to modify the committee membership, the LMC could consider the issue then. The motion passed unanimously. Sen. Peterson and Reps. Barth and Davis were absent for the vote.

    MOTION: Sen. Dmitrich moved to approve the site visit with members of the LMC being invited to attend and to provide a report back to the LMC at its meeting subsequent to the trip. The motion passed unanimously. Sen. Peterson and Reps. Barth and Davis were absent for the vote.

14.    Review of Proposed Management Policy re: Early Retirement Credit -- Mr. Strong outlined the proposed policy.

    MOTION: Sen. Beattie moved to move to the next item with the intention of returning to this issue after other state agencies address it. The motion passed with Sen. Hull noting a

conflict of interest and voting against. Sen. Peterson and Reps. Barth and Davis, were absent for the vote.

15.    Committee Note Request from the Constitutional Revision Commission (CRC) _ Mr. Strong outlined the request to modify Joint Rule 4.22 to allow the CRC to put a note on a proposed resolution studied in the interim by the CRC. President Beattie noted that the LMC denied a similar request last year from the Utah Tomorrow Strategic Planning Committee.

    MOTION: President Beattie moved to not approve the request. He felt that if it were approved it could serve as a precedent for other committees, commissions, task forces, and working groups, etc. He noted that the CRC has been very effective with letters and personal contacts. The motion passed unanimously. Sen. Peterson and Reps. Barth and Davis were absent for the vote.

16.    Other Business
_ Ms. Taylor explained that she was responding on behalf of the Legislative Auditor General to a subpoena for records on the Envirocare audit from several years ago. She noted that certain of those records are protected and should maintain that protected status even in litigation. She added there has been a motion to compel the inspection of the documents and she will be responding on behalf of the Legislative Auditor General asserting GRAMA protections from disclosure and also asking the court to review those documents and determine which, if any, are appropriate for disclosure.

17.    Adjournment

     MOTION: Rep. Garn moved to adjourn the meeting at 5:10 p.m. The motion passed unanimously. Sen. Peterson and Reps. Barth and Davis were absent for the vote.


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