Utah Legislature 70715MAN

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Legislative Management Committee

MINUTES OF THE
        LEGISLATIVE MANAGEMENT COMMITTEE
July 15, 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. Lyle W. Hillyard
    Sen. Scott N. Howell
    Sen. E. George Mantes
    Sen. Craig A. Peterson
    Rep. Steve Barth
    Rep. Judy Ann Buffmire
    Rep. Gene Davis
    Rep. Kevin S. Garn
    Rep. David M. Jones
    Rep. John L. Valentine

Members Excused:
    Sen. Mike Dmitrich

Members Absent:
    Sen. Joseph L. Hull
    Rep. Christine R. Fox

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 3:50 p.m.

2.    Approval of the Minutes of May 20, 1997

         MOTION: Rep. Davis moved to approve the minutes of the May 20, 1997 meeting. The motion passed unanimously. Sen. Hillyard and Rep. Barth were absent for the vote.

3.     Update on the 1997 Site Visit -- Mr. Strong explained that Rep. Beverly Evans would be making a presentation at about 4:00 p.m. Discussion of this item was delayed until then.

4.    Proposals for the 1998 Site Visit
        A. Garfield/Kane _ Rep. Hatch distributed several brochures outlining the scenic areas and activities of the Garfield/Kane county area. He said that the county commissions are supporting the Legislature's visit in 1998.

        B. Carbon/Emery _ Mr. Strong explained that Sen. Dmitrich was unable to attend the meeting but sent an invitation for the Legislature to visit in either 1998 or 1999. Mr. Strong added that Sen. Dmitrich felt that the area has several major facilities the Legislature would enjoy touring.

     MOTION: Sen. Blackham moved to set the 1998 site visit for the Garfield/Kane county area.

     SUBSTITUTE MOTION: Rep. Davis moved to approve site visits in the Garfield/Kane county area for 1998 and the Carbon/Emery county area for 1999.

    President Beattie expressed concern that other legislators had not known the decision for 1999 would be before the committee. Rep. Valentine suggested this action potentially ties a subsequent Legislature and Legislative leadership. Rep. Davis withdrew his motion.

    Chairman Brown then called for the vote on the original motion. The motion passed unanimously.

5.    Requested Interim Committee Study Items _ Mr. Strong reviewed the motion in the May Legislative Management Committee meeting requesting that several of the interim committees refine their study list: 1) to have agreement between the chairs; 2) to limit the number of study items to eight with certain guidelines; and 3) to have only the Information Technology Commission study the issues surrounding the "Smart Card." He distributed and outlined letters for each of the committees required to respond.

     MOTION: President Beattie moved to delete item #1, Prison Housing and Construction Costs, from the Law Enforcement and Criminal Justice Interim Committee's study list to avoid overlap with the Executive Appropriations Committee which is already studying this issue. The motion passed unanimously. Sen. Hillyard was absent for the vote.

     MOTION: President Beattie moved to accept the remaining interim committee study lists. The motion passed unanimously. Sen. Hillyard was absent for the vote.

    Mr. Strong suggested that the Legislative Management Committee might wish to have the Law Enforcement and Criminal Justice Interim Committee coordinate with the Executive Appropriations Committee on the study of prison housing and construction.

     MOTION: Rep. Buffmire moved to have staff prepare a letter concerning the desire for coordination of the issue between the committees. The motion passed unanimously. Sen. Hillyard was absent for the vote.

6.    Political Subdivisions Interim Committee Request for a Subcommittee -- Mr. Strong outlined the request to have five committee members serve on a subcommittee of the Political Subdivisions Interim Committee to deal with the issue of Special Districts. Sen. Peterson felt that this may not be the best way to handle issues related to special districts and will probably only result in a request for a task force. Sen. Blackham, who serves on the interim committee,

said he felt the issue was complicated, needed the extra in-depth study, and supported forming a subcommittee. Chairman Brown asked if funds are available. Mr. Bleazard, Office of the Legislative Fiscal Analyst, said there are adequate funds available.

    President Beattie distributed a handout regarding special districts. He said that the Constitutional Revision Commission is studying this issue from a constitutional point of view. He noted there is no local or legislative oversight of special districts and added that the State Auditor is presently auditing only 337 of the special districts in the state. He outlined some of the powers the districts use and noted that many local taxing entities are creating special districts to raise extra revenues without the scrutiny of normal oversight.

     MOTION: Rep. Davis moved to authorize the subcommittee. The motion passed with Rep. Buffmire voting against. Sen. Peterson and Reps. Barth and Valentine were absent for the vote.

7.    Update on Lawsuit re: Legislative Auditor Records -- Ms. Taylor gave an update on the lawsuit in which the Legislative Auditor General's protected audit records about the Department of Environmental Quality audit are being subpoenaed. She noted the issue of public access to these protected documents has been submitted to the court for its decision.

8.    Transportation Interim Committee Study Request -- Mr. Strong distributed a letter from the Transportation Interim Committee chairs requesting that vehicle window tinting be added to the study list for that committee. He noted that the Administrative Rules Review Committee reviewed rule R714-205 dealing with vehicle window tinting and found it in conflict with Section 41-6-149 of the Utah Code. That committee sent a letter to the Transportation Interim Committee outlining their concerns with the conflict and suggested that changing the statute to match the rule may be a better solution.

     MOTION: Rep. Garn moved to approve the request to have vehicle window tinting added to the Transportation Interim Committee's study list. The motion passed unanimously. Sen. Peterson and Reps. Barth and Valentine were absent for the vote.

9.    Other Business -- Chairman Brown noted that since Rep. Evans had not arrived, the committee would assume the arrangements for the September site visit were progressing on schedule. Any necessary details could be discussed in their caucuses tomorrow.

10. Adjournment -

    MOTION: Sen. Howell moved to adjourn the meeting at 4:25 p.m. The motion passed unanimously. Sen. Peterson and Reps. Barth and Valentine were absent for the vote.

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