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Legislative Process Committee

MINUTES OF THE

LEGISLATIVE PROCESS COMMITTEE

Tuesday, October 14, 1997 - 9:00 a.m. - Room 405 State Capitol



Members Present:
    Sen. Leonard M. Blackham, Cochair
    Rep. Byron L. Harward, Cochair
    Sen. R. Mont Evans
    Speaker Melvin R. Brown
    Rep. Gene Davis
    Rep. Brent H. Goodfellow
    Rep. Evan L. Olsen

Members Absent:
    Sen. George Mantes

Staff Present:
    Mr. Stewart E. Smith
        Managing Research Analyst
    Mr. John L. Fellows,
        Associate General Counsel
    Ms. Joy L. Miller, Secretary


     Note:    A list of other 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 - Chairman Blackham called the meeting to order at 9:25 a.m.

2.    Review of Draft Legislation - Length of Session - Mr. Fellows reviewed proposed "Resolution Amending Legislative Session." The resolution proposes to change the beginning date of the annual general session from the 3rd Monday in January to the 2nd Monday in January. Legislative day has also been defined as a calendar day on which either the Utah Senate or Utah House of Representatives is convened in a floor session. The length of the session would be changed to not more than 30 legislative days during a period of 90 calendar days.

     MOTION: Speaker Brown moved to refer "Resolution Amending Legislative Session" to the Utah Constitutional Revision Commission for their review.

    Speaker Brown distributed session information taken from the states contiguous to Utah. Many states are not as productive as Utah in addressing the volume of numbered bills. He noted that it may be necessary to consider limiting the number of bills rather than an extending the session. According to the data, the length of session seems to have very little effect on those who can or cannot serve. Speaker Brown also pointed out that Mississippi has shortened its legislative session from 120 days to 90 days. There is a critical threshold for citizen legislators.

    Chairman Blackham pointed out that under the current proposal, the Legislature could still adjourn after 45 days.

    Rep. Goodfellow expressed concern that the public is being left out on these complex issues due to the shortness of time during the session. He stressed that public involvement is an important issue that should be addressed.
    The committee voted on the motion which passed unanimously.

    Mr. Fellows explained that the constitutional resolution proposed at the last meeting was divided into two resolutions. "Resolution Amending Special Sessions" allows the Legislature to add items to the special session agenda. "Resolution Amending Notice For Special Sessions" would require at least seven days' notice before convening a special session. Proposed legislation "Special Session Public Hearing Requirements" establishes certain notice and public hearing requirements for special sessions.

     MOTION: Rep. Harward moved to adopt "Resolution Amending Special Sessions," "Resolution Amending Notice For Special Sessions," and "Special Session Public Hearing Requirements" as committee bills, and to amend "Resolution Amending Special Sessions": On Page 1, Line 18: Delete "it" and insert "the Legislature". The motion passed unanimously.

3.    Legislative Ethics - Gifts - Mr. Fellows discussed the Definition of "Gift" summary that was mailed to committee members prior to the meeting. He indicated all states were surveyed concerning their definition of "gift." The issue is not a simple one and the committee must be methodical in its attempt to identify each situation. He noted that most states have a broad definition of a "gift" with a list of what is included. The most important part, however, is what a "gift" is not. He explained that "gift" means anything of value received by a legislator or public official to the extent that consideration of equal or greater value is not received. He noted that it is an issue of personal morality on the part of elected officials. Legislation cannot be drafted in this area that will completely tie up all the loose ends. Some loopholes will still exist.

    Rep. Harward stated it is important to have a statute that is clear and covers the many situations that could occur.

    Rep. Tanner pointed out that the $50 limitation should be kept in mind as the issue is discussed.

    Mr. Fellows reviewed the list of gift inclusions as gleaned from other states. Many situations were raised, such as fundraisers and charitable events, and whether or not they would apply as gifts. Mr. Fellows reviewed the list of gift exclusions as taken from other states.

    Due to lack of time, further discussion on this issue was postponed.

4.    Approval of Minutes -

     MOTION: Sen. Evans moved to approve the minutes of September 16, 1997. The motion passed unanimously.


5.    Joint meeting with the Legislative Compensation Commission -

     MOTION: Sen. Evans moved to recess the committee at 10:30 a.m. and meet jointly with the Legislative Compensation Commission. The motion passed unanimously.

    Members of the Legislative Process Committee met jointly with members of the Legislative Compensation Commission. Legislative compensation was discussed at length. The possibility of an annual salary as opposed to a daily per diem was discussed. The issue of the demands on legislators' time was raised. The Legislative Compensation Commission requested that a representative from the committee attend the commission's next meeting to answer any further questions.

    The Legislative Process Committee reconvened at 11:40 a.m.

6.    Other Committee Business - Chairman Blackham stated the next meeting of the committee is scheduled for October 28, 1997. A meeting has also been scheduled for November 18. The committee discussed the possibility of an additional meeting to continue its discussion of the definition of "gift." Chairman Blackham indicated the cochairs would meet together to determine when an additional meeting could be scheduled.

     MOTION: Rep. Davis moved to adjourn the meeting at 11:45 a.m. The motion passed unanimously.

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