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Business, Labor, and Economic Development Interim Committee

MINUTES OF

BUSINESS, LABOR, AND ECONOMIC DEVELOPMENT INTERIM COMMITTEE

Wednesday, November 19, 1997 - 9:00 a.m. - Room 403 State Capitol


Members Present:
    
Sen. L. Steven Poulton, Chair
    Rep. Peter C. Knudson, Chair
    Sen. David L. Buhler
    Sen. Eddie "Ed" P. Mayne     Sen. Michael G. Waddoups
    Sen. Blaze D. Wharton
    Rep. Gerry A. Adair
    Rep. Eli H. Anderson
    Rep. Patrice M. Arent
    Rep. Steven Barth
    Rep. Afton B. Bradshaw
    Rep. Katherine M. Bryson
    Rep. Don E. Bush
    


    Rep. Wayne A. Harper
    Rep. Bradley T. Johnson
    Rep. Brad King
    Rep. Loraine T. Pace
    Rep. Glenn L. Way
    
Rep. David L. Zolman, Sr.

Staff Present:
    
Mary Catherine Perry,
        Research Analyst    
    Patricia Owen,                 Associate General Counsel     Beverlee LeCheminant,
        Legislative Secretary


Note:    Names of others present and copies of information distributed at the meeting are on file in the Office of Legislative Research and General Counsel.

1.     Call to Order - Rep. Knudson called the meeting to order at 9:10 a.m.

2.     Committee Business -

     MOTION: Rep. Bush moved to approve the minutes of the October 22, 1997 meeting. The motion passed unanimously. Sen. Waddoups and Reps. Bradshaw and Way were absent for the vote.
        Sen. Poulton informed the committee about a letter from the Administrative Rules Review Committee concerning a problem in Pleasant View City where Mayor Janet Hales assisted a licensed architect, Richard Priest, in drafting plans for a new city building. He indicated that there is a statute regarding supervision and there is some question as to whether Mayor Hales and the architect acted properly. The committee took no action on this issue.

3.    Task Force Report: Electrical Deregulation and Customer Choice Task Force - Sen. Blackham, Chair, Electrical Deregulation and Customer Choice Task Force (Task Force), gave an overview of: the Task Force activities; the electrical industry critical issues discussed; and the Task Force recommendations. He indicated that in the November 13, 1997 meeting, the Task Force passed a motion to prepare a Joint Resolution of the Legislature for introduction in the 1998 General Session stating the following: 1) a rate freeze created by H.B. 313 is allowed to expire and a full rate hearing on PacifiCorp is allowed to proceed; 2) the Legislature supports electric industry restructuring in Utah; 3) the Legislature supports the free enterprise system and electric industry restructuring would be to the long-term benefit to the citizens of Utah; 4) the Task Force is directed to prepare legislation for a restructuring plan to be introduced in the 1999 General Session; and 5)

the Task Force should follow a specific study plan for the 1998 interim. He provided committee members with printed copies of his slide presentation.

    Mr. Douglas Larson, PacifiCorp, highlighted on behalf of PacifiCorp two issues related to the direction the Task Force has taken: 1) proceeding with the rate case; and 2) studying issues during the 1998 interim. He stated that PacifiCorp is comfortable with going before the PSC and presenting its issues in a rate case because PacifiCorp believes that customer choice competition will bring benefits to customers.

    Mr. Richard Anderson, Utah Deregulation Group and Industrial Customers Coalition, indicated that the industrials are pleased with what has transpired thus far and think that next year the Task Force recommendations will be best for the state.

    Mr. Richard Campbell, Department of Commerce, Division of Public Utilities (Division), told the committee that the Division supports competition. The Division feels that competition will drive greater efficiency than the cost plus system the state is operating under now. He indicated, however, that the Division is supportive of the Task Force's direction and believes that further study is needed on some of the complex issues.

    Mr. Roger Ball, Department of Commerce, Committee of Consumer Services, told the task force that he is representing the interests of residential and small business consumers of utility services in the state and he believes the residential and small business consumers are not demanding competition in the supply of electric power. He indicated that the demand is coming from the industrials who want to be able to buy large amounts of voltage at wholesale prices.

    Mr. Mike Peterson, representing Utah's rural electric cooperatives, said the cooperatives have concerns with deregulation of the electrical industry. He indicated that although the cooperatives support the concept of customer choice, the cooperatives would like to be sure they understand who will be impacted and how they will be impacted by deregulation.

    Mr. Ted Rampton, Utah Associated Municipal Power Systems (UAMPS), said UAMPS believes the municipalities have an important role to play in the continuation of these studies. UAMPS looks forward to the study process next year and pledges its efforts in reaching a practical solution for these complicated issues.

    Mr. Leon Pexton, Resource Manager and Chief Financial Officer, Utah Municipal Power Agency (UMPA), told the committee that UMPA supports deregulation, but only if residential, commercial and industrial customers benefit from it. He provided committee members with printed copies of his comments.

    Ms. Claire Geddes, United We Stand, said that Utah enjoys some of the lowest rates in the world and unless the Legislature can show that deregulation is better, her organization does not believe the Task Force has had enough proof to show that all customer classes will benefit.
    Mr. Jeff Fox, Crossroads Urban Center, indicated that until it can be demonstrated that the overwhelming market power that PacifiCorp has in this state which prohibits competition and would lead to a deregulated monopoly and that residential, small business, and agricultural users would benefit from deregulation, he would urge the Legislature to reject any form of deregulation.

    Committee discussion followed.

4.    Report: Blue Ribbon Commission on the Workers' Compensation Fund of Utah - Commissioner Merwin Stewart, Chair, Workers' Compensation Blue Ribbon Commission (Commission), explained that the Commission was created in the 1997 General Session by H.B. 175 which required the Commission to give a report to this committee. He indicated that the charges given to the Blue Ribbon Commission were privatization of the Workers' Compensation Fund of Utah (Fund); how to serve the residual market; the granting of new insurance authority to the Fund for competitive reasons; and any other related issues. He stated that at its November 5th meeting, the Commission passed six recommendations to the Legislature. He provided committee members with copies of the Commission's report.

    Mr. Lane Summerhays, Workers Compensation Fund of Utah, told the committee that he believes the recommendations of the Commission are good recommendations and encouraged members of the committee and the Legislature to move forward with these recommendations.

    Mr. Larry Bunkall, President, Utah Manufacturers' Association (UMA), said he was concerned that employers and employees did not have more of an opportunity to participate in the Commission's meetings, but they worked outside of the process through other meetings to resolve some of the issues. He indicated that the UMA believes the future of the Fund should be for the benefit of Utah employers and employees and that the liability of the Fund must be closely limited.
    Mr. Orrin T. Colby, Wasatch Crest Mutual Insurance Company, said Wasatch Crest would prefer to see free competition. He indicated that there should be nonexclusive arrangements made between carriers, providers, and others who may provide services, and Wasatch Crest endorses the efforts of the Commission and the recommendations that have been presented.

    Mr. Alan Edwards, Risk Manager, State of Utah, indicated that Recommendation #3 which allows state agencies to have options with their workers' compensation is already dealt with in statute in terms of how it would be administered for the state. He suggested a review of this recommendation to see if it makes the best financial or administrative sense for state agencies.

    Ms. Angela Warren, American Insurance Association (Association), stated that the Association has a concern with the granting of authority of in-state subsidiaries. It is not necessary to grant this authority when there are other means to achieve maximum flexibility and pricing. She stated that the Association is afraid that with the creation of instate subsidiaries, it will be a backdoor approach to creating a company to load off the poor risks and then eventually separate them from the state fund. This will create a stabilizing effect on the rest of the market.

    Mr. Robert Hinckley Perry, insurance businessman, indicated that one of the major themes of the Commission was the concept of privatization. He stated that he is a member of the Utah Association of Health Underwriters and it is concerned about having access for all members of the association who are properly trained and licensed to be able to sell workers compensation through the fund itself. He urged the committee to exercise caution and seek legal guidance as it deals with quasi-public corporations.

    Mr. Eric Mouser, Personnel Director, City of Provo, expressed his support for the recommendations of the Commission and indicated that he is supportive of allowing the Commission to compete to maintain the type of business position it can to provide this type of rate status for the city of Provo. He urged the committee to support and move forward with the recommendations.

    Mr. Mel Green, Chairman, Board of State Workers Compensation Fund, discussed how the administration of the Fund like a business has resulted in sound and frugal investments which increased the income to the fund, reduced accidents in the work place, and cut claims. He suggested leveling the playing field for everyone and allowing the board of the Fund to make critical business decisions.

     Mr. Philip G. Heyde, Counsel for Liberty Mutual Insurance Group, spoke on tiered pricing and how it functions. He provided committee members with a printed copy of his comments.

    Committee discussion followed.

     MOTION: Sen. Buhler moved that the committee accept the Commission's recommendations and request that legislation be prepared reflecting those recommendations. The motion passed unanimously. Sen. Wharton and Sen. Poulton declared a conflict of interest.

5.    Task Force Report: Task Force on Regulatory Barriers to Affordable Housing - Rep. Ron Bigelow, Chair, Task Force on Regulatory Barriers to Affordable Housing, distributed a copy of the task force's report and indicated that the task force addressed several issues on which it took no action. The task force did agree on two bills and four resolutions which it either adopted or supports.

    Committee discussion followed.

     MOTION: Rep. Arent moved that the committee endorse the "Resolution Supporting Resources for Affordable Housing" as a committee bill. The motion passed unanimously. Sens. Mayne and Wharton and Reps. Barth and Bradshaw were absent for the vote.


     MOTION: Rep. Arent moved that the committee endorse the "Resolution Supporting Uniform Building Code Commission" as a committee bill. The motion failed in the Senate. Reps. Bryson, King, and Pace and Sens. Poulton and Waddoups voted against the motion.

     MOTION: Rep. Arent moved to that the committee endorse the "Resolution Supporting Affordable Housing from Olympic Housing" as a committee bill. The motion passed. Reps. Bryson, Way, and Zolman voted against the motion.

     MOTION: Rep. Adair moved that the committee endorse the "Affordable Housing Amendments," the "Appropriation for Olene Walker Housing Trust Fund," and the "Funding for Olene Walker Housing Trust Fund Resolution" bills as committee bills.

    After committee discussion, Rep. Adair withdrew his motion.

6.    Professional License Conditions Disclosure - Rep. Cox stated that the intent of the "Professional License Conditions Disclosure" bill is to require professionals who have probationary or conditional licenses to disclose the conditions of their license to their potential or existing clients, customers, or patients. The methods of disclosure through this bill will be left to the Division of Occupational and Professional Licensing. Rep. Cox indicated that the Division already enforces the conditions of the licenses, therefore, no increase in government resources would be required and the bill places the burden of disclosure on the provider of the service rather than the division or any other government agency.

    Committee discussion followed.

     MOTION: Rep. Adair moved to adjourn the meeting at 12:15 p.m. The motion passed. Reps. Arent and King voted against the motion.


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