questioned if enacting and repealing could also be included.
Chairman Harward suggested the language on Page 2, Lines 6 and 7 read "(5) (a) 'Special session legislation' means each bill or constitutional resolution that has been approved for
introduction in the special session by a legislative sponsor."
3. Approval of Minutes -
MOTION: Sen. Blackham moved to approve the minutes of August 19, 1997. The motion passed unanimously.
4. Legislative Ethics - Gifts - Chairman Harward said it was pointed out to the committee that the gift statute that applied during the time when Mayor Corradini was under investigation
has been changed. There was a question of whether the present law solves the problems that
existed before.
Mr. Fellows explained the Legislature changed the standard in both the Municipal
Officers and Employees Ethics Act and in the Public Officers and Employees Ethics Act. He
distributed a document entitled "Analysis of Recent and Proposed Changes to the Municipal
Officers and Employees Ethics Act." In the analysis, Mr. Fellows highlighted three areas
addressed by the special counsel: 1) prohibited acts (special privileges); 2) receiving
compensation involving city transactions; and 3) gifts. Mr. Fellows also distributed a complete
list of the special counsel's recommendations.
Rep. Jordan Tanner addressed the issue of gifts to legislators, pointing out that legislation
was passed which dealt specifically with tangible limitations. At that time, a $50 limitation was
imposed on tangible gifts for legislators. Rep. Tanner indicated that opinion polls have shown
that the majority of Utahns think legislators should receive no gifts. He noted that a $50
intangible gift limitation needs to be enacted.
Rep. Tanner referred to the issue of ethics. The Legislature should consider enacting
legislation which would require a waiting period of one year before those in key positions in the
state can become paid lobbyists.
Mr. Fellows noted there are separate prohibitions governing what gifts can be given and
what gifts can be accepted. During the last session, the requirements were changed in terms of
what gifts can be accepted. Although the language is not precise, it infers that a legislator cannot
accept tangible or intangible gifts over $50.
Speaker Brown observed that it is not the gift the public is concerned about, it is the
perceived influence the gift buys. If the statute were to simply refer to a gift, taking out the
reference to tangible or intangible, it may take care of the problem with definitions.
Chairman Harward turned the chair over to Sen. Blackham.
MOTION: Rep. Harward moved to draft legislation to amend Section 36-11-304 by deleting "'Tangible personal property' does not include" and inserting "Gift includes." The legislation should make it illegal for lobbyists to give these gifts and for legislators to receive
them. The legislation should be tied to the Municipal Officers and Employees Ethics Act to state
that compliance with this act constitutes compliance with the other act.
Mr. Fellows recommended that the committee consider what things should be regarded as
gifts and what things should be exempt.
Rep. Harward modified his motion to include that a better definition of gift be developed.
SUBSTITUTE MOTION: Speaker Brown moved to have counsel develop a list of definitions of what is and what is not considered a gift that the committee could review. The
committee could discuss the list and develop legislation at that time. The motion passed
unanimously.
Sen. Blackham turned the chair back Rep. Harward. The committee returned to
discussion of the proposed legislation.
MOTION: Rep. Goodfellow moved to amend proposed legislation, "Special Session Public Hearing Requirements" as follows:
Page 1, Line 12: Delete Line 12
Page 2, Lines 6 -7: After "bill" delete "amending a statute or the Utah constitution" and insert "or constitutional resolution."
Page 3, Lines 1-6: Delete Lines 1-6
The motion passed with Speaker Brown voting in opposition.
MOTION: Rep. Goodfellow moved to adopt proposed legislation "Resolution Amending Special Sessions" as a committee bill.
The committee discussed whether changes should be made to the language regarding the
2/3 or greater vote of each chamber.
SUBSTITUTE MOTION: Speaker Brown moved to draft two separate pieces of
legislation - one dealing with the seven-day notice requirement and the other dealing with the 2/3 or greater vote of each chamber. The motion passed unanimously.
5. Length of Session/Time Commitment of Legislators - Sen. Blackham stated legislative compensation should be included in the discussion. He raised the issue of whether enough time
is allowed for the Legislature to accomplish its assigned tasks. He distributed a copy of a letter
written to the editor of the Salt Lake Tribune which addressed the demand on legislators and the
concern of lobbying efforts.
MOTION: For purposes of discussion, Speaker Brown moved to request staff to draft a resolution to amend the constitution that will provide for a legislative session of 30 legislative
days. The legislative days will be defined as any time the Legislature convenes on the floor. The
Legislature would have 90 calendar days in which to accomplish its business.
Speaker Brown said with these changes the Legislature could better respond to the public
and the process. He said the change would also help to resolve the conflict the Legislature will
face during the Olympics in 2002. He also stated that he believed the Legislature should change
to an annual compensation rather than a daily compensation.
The committee voted on the motion which passed with Rep. Harward and Sen. Evans
voting in opposition.
Speaker Brown noted that action regarding compensation should not be taken prior to
obtaining a response from the Legislative Compensation Commission.
Sen. Evans requested that individual legislators be polled on compensation prior to
drafting legislation.
Mr. Mark Bedel, Manager of State and Local Planning, indicated they are waiting to have
some vacancies filled in the commission membership. The governor has been given a list of
individuals to consider.
MOTION: Sen. Evans moved to have the committee chairs contact the governors office to request that the appointments to the Legislative Compensation Commission be given priority.
The motion passed unanimously.
The committee scheduled an additional meeting on October 28 at 9:00 a.m. Members of
the Legislative Compensation Commission will also be meeting on October 14. If the
commission is willing, a joint discussion may be scheduled.
MOTION: Rep. Goodfellow moved to adjourn the meeting at 11:40 a.m. The motion passed unanimously.