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Legislative Process Committee


MINUTES OF THE

LEGISLATIVE PROCESS COMMITTEE

Tuesday, June 17, 1997 - 9:00 a.m. - Room 405 - State Capitol



Members Present:    
    Sen. Leonard M. Blackham, Senate Chair     Rep. Byron L. Harward, House Chair
    Sen. R. Mont Evans
    Speaker Melvin R. Brown
    Rep. Brent H. Goodfellow
        
Members Excused:
    Rep. Gene Davis


Members Absent:
    Sen. E. George Mantes
    Rep. Evan L. Olsen

Staff Present
:    
    Mr. Stewart E. Smith,
        Research Analyst
    Ms. John L. Fellows,
        Associate General Counsel
    Ms. Karen E. Mecham,
        Secretary


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


1.    Call to Order -- Chair Blackham called the meeting to order at 9:35 a.m.

2.     Approval of Minutes
--

    MOTION: Rep. Harward moved approval of the minutes of the November 26, 1996 meeting. The motion passed unanimously.

3.    Review of 1997 Changes in Legislative Process _ Mr. Fellows distributed a handout titled "Legislation Affecting the Legislative Process 1997 Annual General Session." He briefly outlined each bill, including the two bills sponsored by the committee: H.B. 181, which allows executive branch agencies to submit executive summaries of annual reports under certain conditions; and S.B. 113, which makes sunset reviews by interim committees optional, requires agencies subject to termination to affirmatively seek reauthorization, and eliminates certain sunset reviews and modifies others.

    Mr. Fellows also reviewed nine rules resolutions that make significant and technical modifications to the legislative process. These resolutions dealt with revising the process for submitting bills, lodging or mileage expenses, restrictions on access to the House chambers, and quorum requirements. Additional changes modified rules relating to standing committees, motions to circle, the consent calendar, motions to reconsider, committee procedures, convening of the House before a new speaker has been elected, interim committee procedures, bill

distribution requirements, reserving certain bill numbers, and eliminating the "automatic tabling" requirement for bills circled on the Senate floor.

4.    In-depth Budget Review Planning
-- Chair Blackham explained that the Executive Appropriations Committee had assigned two budget reviews to the committee: the Division of Human Services' Department of Licensing; and the Department of Administrative Services' Central Stores.

     MOTION: Rep. Harward moved to invite those agencies involved to report in the October meeting. The motion passed unanimously.

    Rep. Harward noted that it would be helpful to have budget review choices made for next year as soon as possible to provide time for scheduling and research. He added that the chairs had asked Legislative Auditor Wayne Welsh to bring his recommendations to the July meeting. Chair Blackham asked Mr. Welsh to also review that list with the Legislative Fiscal Analyst and make a joint recommendation.

5.    Future Topics -- Chair Blackham noted that Mr. Smith had distributed a memorandum with potential issues for study in 1997. He asked the committee to review each topic and make recommendations for items for study. Rep. Harward noted that issues relating to lifting a tabled bill and the status of pending amendments when a bill is circled/uncircled have been resolved and suggested eliminating them from the list. Chair Blackham agreed. Rep. Harward also explained, for the benefit of the new committee members, that the committee has been reviewing the Interim Rules and some of the Joint Rules for consistency with practice for the past couple of years. He noted that the committee has not reviewed either the House or the Senate Rules and offered those as a subject for future study, if the members desire.

    Chair Blackham said that Legislative Management Committee has recommended the issues relating to legislators for committee study.

     MOTION: Rep. Harward moved to adopt the three issues recommended by the Legislative Management Committee for study: compensation for legislators, length of the session, and ethics.

    Sen. Evans agreed compensation and length of the session are related. Speaker Brown explained that he felt that how legislators are paid does not relate to how long the sessions lasts. Sen. Evans said he felt that the session could not be lengthened without increasing the salary to adequately compensate legislators for the time away from their full-time jobs. Chair Blackham said his schedule is much more full than it has been in the past. Speaker Brown said compared to other states, Utah is still far from being a full-time legislature. He felt the objective should be

making modifications in the process to better serve the public. Chair Blackham said that the other issue is making the compensation fair.

    Chair Blackham noted that a task force studied ethics and gifts about three years ago but no recommendations resulted. Speaker Brown said that Rep. Tanner felt his bill addressing ethics in the 1997 Annual General Session was not given a fair and proper hearing so the issue was sent for study. Mr. Fellows suggested looking at what other states are doing and new legislation should be written based on the research. Rep. Harward said Sen. Tanner could be invited to present his bill to the committee after the research is done.

    Returning to the motion, Chair Blackham called for the vote. The motion passed unanimously.

    Chair Blackham introduced the issue of term limits and asked the members for comment. Sen. Evans said that the Senate caucus had suggested recommending a modification of the term limitation process based on turnover in the election process. He said the caucus suggested putting term limitation in place if a certain percentage of turnover is not reached during an election. The Senate did not vote on the term limitations bill introduced in the 1997 General Session. Chair Blackham said the committee would study term limits.

    Chair Blackham asked for comment on studying issues relating broadly to legislative sessions.

     MOTION: Rep. Harward moved to study special session sifting and standing committee review but not televising the session.

    Speaker Brown said that he felt that televising the session is not authorized. Rep. Harward said that he felt that the legislative chambers are public places and, therefore, it would be difficult to restrict television cameras. Chair Blackham suggested that it would be difficult to fit this issue into the schedule.

    Rep. Harward said he was recommending special session sifting as a study item because there are often very substantive issues to study but little time to review legislation or have sufficient committee review. Speaker Brown suggested that sifting would tie the hands of the governor to call a session in an emergency. Rep. Harward said that is why the topic needs discussion. Speaker Brown noted that the June 18 special session may clarify that situation. Rep. Goodfellow said that there are substantive issues in the upcoming special session but no bills are before the legislators and the session will begin 4:00 p.m. tomorrow. He felt that the public was being locked out of the process. Mr. Fellows noted that during the last special session there were no bills requested until the day of the session. Rep. Harward suggested that once bills are distributed, a recess could be called to allow time for study. Speaker Brown said that there is

that flexibility now. Chair Blackham returned to the motion and called for the vote. The motion passed unanimously.

    Chair Blackham introduced issues relating to specific rules. He said that the Senate considers bills on Wednesday/Thursday schedule already. He felt that the standing committee agenda priority of bills from the opposite house issue is an important one. Speaker Brown noted that the last three days of the session are dedicated to bills from the opposite house. Chair Blackham said this issue should be low on the priority list.

     MOTION: Speaker Brown moved to put these issues low on the priority list. The motion passed unanimously.

    Rep. Harward discussed combining a cleanup of the rules technically to correct the inconsistencies.

     MOTION: Sen. Evans moved to have Rep. Harward and other interested members study this issue and bring recommendations to the committee. The motion passed unanimously.

    Chair Blackham discussed the issue of budget process and suggested a review of the legislative budget process. He suggested the committee ponder this issue and decide whether to study it in the next meeting. He invited other items for study from the committee. There were no further suggestions.

6.    Meeting Schedule -- Chair Blackham said that traditionally the committee has met on the fourth Tuesday of the month. The committee agreed to meet on the day before interim at 9:00 a.m. in room 405, including September.

7.     Division of Purchasing -- Mr. Smith reminded the committee that an audit of computer sales was performed as part of the in-depth budget review. The audit report indicated substantial price variation between agencies. The committee had asked the Division of Purchasing review this issue and return with the findings and controls for future purchases.

    Mr. Douglas Richins, director of the Division of Purchasing, gave a brief summary of the state's three-prong approach to purchasing computers: 1) mail-order types of computers on contract through bidding; 2) bidding with local manufacturers; 3) contracts with three PC stores for a wide variety of computers. He noted that the auditors provided suggestions that would make the process more effective. He said that each agency should define its own computer needs, while the state should provide multiple computer stores where agencies could shop to meet those needs. He said that the division had expected the agencies to compare prices between computer shores, but the auditor found that was not happening. He said that the agencies just established a

relationship with one store. To correct this problem, he said that the division is providing more education to assist the agencies to be more sophisticated and informed buyers.

    Mr. Richins recommended that purchases of desk-top computer equipment be monitored on a regular basis to ensure that agencies have documented their purchase and that all vendors are in compliance with the state contract. He said that the division's auditor reviewed the contracts and found some price differences on the invoices were due to "bundling" (co-mingling contract and non-contract items) and differences in interpretation in application of the markup. He added that the contract language has been tightened to avoid these problems.

    Mr. Richins said that the division has met with technology managers in the agencies to review how they compare contracts before making purchases. The agencies have also been informed about the audit and the recommendations. He noted that the division's Web page contains up-to-date information on purchasing. He distributed two handouts titled "Multiple Award Contracts" and "PC Store Pricing Comparisons."

    Speaker Brown asked if specifications are written before components are selected. Mr. Richins said that some purchasers want the confidence of a name brand, but that there are others who want the option of determining specifications. Rep. Harward asked if there is a separate written contact for each purchase. Mr. Richins said that the request for proposals and the vendor's response or a counter offers constitute the contract. He added that negotiations fine tunes any ambiguities.

    Chair Blackham thanked Mr. Richins for his compliance to the audit.

8.     Other Committee Business -- Chair Blackham said the chairs would establish the schedule for the study items and set the next committee meeting for July 15, 1997.

9.     Adjournment

     MOTION: Speaker Brown moved that the meeting be adjourned at 10:45 a.m. The motion passed unanimously. Sen. Evans was absent for the vote.
    
Minutes reported by Karen E. Mecham


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