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Government Operations Interim Committee

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MINUTES OF THE

GOVERNMENT OPERATIONS INTERIM COMMITTEE

Wednesday November 19, 1997 . 9:00 a.m. . Room 416 State Capitol



Members Present:
    Sen. L. Alma "Al" Mansell, Chair
    Rep. Jordan Tanner, Chair
    Sen. LeRay McAllister
    Sen. Robert M. Muhlestein
    Sen. Robert C. Steiner
    Rep. Trisha S. Beck
    Rep. Perry L. Buckner
    Rep. Neal B. Hendrickson
    Rep. Joseph G. Murray
    Rep. Lowell A. Nelson
    Rep. Martin R. Stephens
    Rep. Michael R. Styler
    

Members Absent:


Members Excused:
    

Staff Present:
    Mr. John Q. Cannon,
     Research Analyst
    Mr. John L. Fellows
     Associate General Counsel
    Ms. Junie G. Anderson,
     Committee Secretary

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

1.     Call to Order - Chair Mansell called the meeting to order at 9:15 a.m.
                                
2.    Committee Business

    MOTION: Sen. Muhlestein moved to approve the minutes of the October 22, 1997 meeting. The motion passed unanimously with Sen. McAllister, Sen. Steiner, Rep. Nelson, and Rep. Styler absent for the vote.

3.    Election Law Commission _ John Fellows, Associate General Counsel, Office of Legislative Research and General Counsel, explained the draft legislation, "State Elections Commission." He also reviewed potential amendments with the committee.

    MOTION: Rep. Hendrickson moved to change Section 20A-1a-1, Subsection (1)(c) of the "Amendments to State Elections Commission Bill," to delete the rest of the definition following the word "treasurer." The motion passed unanimously with Sen. McAllister, Sen. Steiner, and Rep. Styler absent for the vote.

    Olene Walker, Lt. Governor, spoke regarding the bill, and provided information pertaining to the elections process. She asked for a clear definition of the adjudicative procedures as outlined on page 19, lines 25-27. Lt. Governor Walker also said the bill needs to clarify that there is state oversight with authority for municipal, county, and state elections. She said it would likely cost the state more to have a State Elections Commission.
    Mr. Fellows explained the adjudicative procedures as outlined in the bill.

    Kelleen Potter, Lt. Governor's Office, also spoke about the bill and the cost of establishing and supporting a State Elections Commission.

    William Dinehart, Office of Legislative Fiscal Analyst, explained costs as indicated in the handout titled, "Funding Requirements for Elections Commission."

     MOTION: Rep. Stephens moved on page 17 after line 27 to insert "(b) The commission shall hire independent counsel"; line 28: delete "(b)" and insert "(c)"; page 18, line 1: delete "(c)" and insert "(d)". The motion passed unanimously with Sen. McAllister absent for the vote.

     MOTION: Rep. Buckner moved to approve amendment #1 to draft legislation, "State Elections Commission," on page 16, line 15 as follows:

1. Page 16, Line 15: After "section" delete "," and insert ":"

    "(a) "Candidate for public office" means a person who has filed a declaration of candidacy for an office to be filled at a regular general election or municipal general election.

    (b) "Public official" means each person serving in an elected office and each person appointed by a person serving in an elective office.

    (c) "Party official" means the executive director of a registered political party, each state and county chair, vice-chair, secretary, treasurer, and other officers of a registered political party, and each member of a registered political party's state and county central committee.

    (d)"

The motion passed unanimously with Sen. McAllister absent for the vote.

     MOTION: Rep. Buckner moved to approve amendments #2 through #5 to draft legislation, "State Elections Commission," as follows:

2. Page 16, Line 23: After "(b)" insert:

    "The state central committee may not nominate a candidate for public office, a public official, or a party official for service on the State Elections Commission.

        (c) (i)"

3. Page 16, Line 24: After line 24 insert:

    "(ii) The governor may not appoint a candidate for public office, a public official, or a party official to serve on the State Elections Commission."

4. Page 16, Line 25: After "(5)(a)" insert "(i)"

5. Page 16, Line 26: After line 26 insert:

    "(ii) The commission may not appoint a candidate for public office, a public official, or a party official to serve on the State Elections Commission."

The motion passed unanimously with Sen. McAllister absent for the vote.

     MOTION: Rep. Hendrickson moved to approve amendment #6 to draft legislation, "State Elections Commission," as follows:

6. Page 18, Line 19: After line 19 insert:

     "(iii) When the position of the commission member selected by other commission members becomes vacant, the commission members appointed by the governor shall select a person to fill the vacancy for the unexpired term."

The motion passed unanimously with Sen. McAllister absent for the vote.

     MOTION: Rep. Tanner moved to approve draft legislation, "State Elections Commission," as amended as a committee bill. The motion passed with Rep. Styler opposing the motion. Sen. McAllister was absent for the vote.

4.    State Treasurer's Office _ John Fellows briefed the committee on draft legislation, "State Treasurer Amendments."

    Ed Alter, State Treasurer's Office, provided a brief background of the bill.
                                                
     MOTION: Sen. Steiner moved to amend the bill as follows:
            Page 3, line 4: After "auditor" insert "or"
            Page 3, line 5: After "Legislature" delete ", and" and insert "or".
The motion passed unanimously with Rep. Stephens absent for the vote.

     MOTION: Sen. Muhlestein move to approve draft legislation, "State Treasurer Amendments," as amended as a committee bill. The motion passed unanimously with Rep. Stephens absent for the vote.

5.    Electronic Filing of Campaign Finance Reports _ Kelleen Potter and Raymond Palmer, Lt. Governor's Office, spoke about the filing process of reports and gave a demonstration of an electronic reporting system.

6.    Provisional Ballots _ John Cannon, Research Analyst, Office of Legislative Research and General Counsel, briefed the committee on draft legislation, "Provisional Ballots."

    Kelleen Potter said that county clerks prefer election-day registration and are concerned about the additional work imposed on them, but the majority of them support the bill.

    John Fellows said that if the bill is approved, it would likely require a constitutional note.

    Sherry Swenson, Salt Lake County Clerk, opposed the legislation.

    Lloyd Carr, Carr Printing, spoke in support of the legislation, however, he had some concerns.
    
    MOTION: Sen. Muhlestein moved to go to the next item on the agenda. The motion passed unanimously with Rep. Nelson and Rep. Stephens absent for the vote.

7.    Election Law Technical Amendments _ John Cannon, Office of Legislative Research and General Counsel, distributed draft legislation, "Election Law - Technical Amendments," and briefed the committee on the bill.

     MOTION: Sen. Muhlestein moved to approve draft legislation, "Election Law - Technical Amendments," as a committee bill. The motion passed unanimously with Rep. Nelson and Rep. Stephens absent for the vote.

    Mr. Cannon also distributed draft legislation, "Election Law - Substantive Revisions," and briefed the committee on the bill.

     MOTION: Rep. Styler moved to reinstate language on page 2, line 10 and reinstate language on page 2, lines 19 and 20, and bracket "third class cities." The motion passed with Rep. Stephens absent for the vote.

     MOTION: Rep. Styler moved to approve draft legislation, "Election Law - Substantive Revisions," as a committee bill. The motion passed unanimously with Rep. Stephens absent for the vote.
    

    Chair Mansell and Chair Tanner discussed sponsors of the bills as follows:

    Rep. Tammy Rowan     "English as Official State Language"
    Sen. Millie Peterson     "Budget Review Task Force"
    Rep. Mike Styler     "Salary Increases for Government Officials"
            Rep. Carl Saunders     "Resolution Eliminating Voting Rights of Convicted Felons"
                and "Felons Voting Restrictions"
    Rep. Murray         "State Treasury Amendments"
    Sen. Mansell        "State Elections Commission"
    Sen. Muhlestein    "Election Law - Technical Amendments"
    Rep. Nelson        "Election Law - Substantive Revisions"
    
    MOTION: Rep. Nelson moved to adjourn the meeting at 12:04 p.m. The motion passed unanimously with Rep. Stephens absent for the vote.

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