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Government Operations Interim Committee
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MINUTES OF THE
GOVERNMENT OPERATIONS INTERIM COMMITTEE
Wednesday, May 20, 1998 . 2:00 p.m. . Room 416 State Capitol
Members Present:
Sen. L. Alma "Al" Mansell, Chair
Rep. Jordan Tanner, Chair
Sen. LeRay McAllister
Sen. Robert M. Muhlestein
Rep. Trisha S. Beck
Rep. Perry L. Buckner
Rep. Neal B. Hendrickson
Rep. Joseph G. Murray
Members Absent:
Sen. Robert C. Steiner
Rep. Lowell A. Nelson
Rep. Martin R. Stephens
Rep. Michael R. Styler
Staff Present:
Mr. John Q. Cannon,
Research Analyst
Mr. John L. Fellows
Associate General Counsel
Ms. Angela D. Kelley,
Legislative 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 2:23 p.m.
2. Committee Business _
MOTION: Rep. Murray moved to approve the November 19, 1997 and the April 22, 1998 minutes. The motion passed unanimously with Sen. Muhlestein and Rep. Hendrickson
absent for the vote.
Discussion of 1998 Interim Study Items - Ethics Reform.
Rep. Buckner suggested the committee study gifts and lobbyist disclosure. He also said
he would prefer to review current law and enforcement issues.
Sen. McAllister raised concerns about leadership support for ethics reform, and
questioned the value of spending committee time on issues that may not have an opportunity to
succeed.
Chair Tanner suggested that the revolving door, conflict of interest, campaign
contributions, and intangibles are all issues that need attention.
Sen. McAllister suggested approaching the Legislative Management Committee about
forming a subcommittee to study ethics reform and to have the subcommittee report back to the
Government Operations Committee.
Chair Mansell suggested completing other study items before ethics reform is addressed.
MOTION: Rep. Buckner moved that staff draft a letter to the Legislative Management Committee requesting authorization of a subcommittee to study ethics reform. If the request is
not approved, ethics reform should be placed at the end of the interim agenda. The motion
passed unanimously with Rep. Murray absent for the vote.
3. Western Regional Primary - Lt. Governor Olene Walker spoke about the idea of a western regional primary. She noted that the West has not had the voice it should have had in
presidential elections. She advised the committee that several states have appointed members to
a multi-state task force. That task force will meet in November to work out the logistics of a
regional primary. Utah, Nevada, Idaho, and Colorado are the states most actively involved.
4. Elections Issues -
Political Party Issues
Mr. John Fellows, Office of Legislative Research and General Counsel (OLRGC), briefed
the committee on the legal ramifications of political party regulation. He clarified the state's role
in regulating parties. He discussed some of the Utah Supreme Court's decisions in this area.
The Lt. Governor said that Utah seems to have gone much further than other states in
divorcing itself from regulation of political parties. She also stated that other states have not
received as many complaints as Utah about the parties, and there is nothing that can be done
about it under current law.
Ms. Kelleen Potter, Elections Director, Lt. Governor's Office, said that there is no
requirement that county parties must follow the same rules and by-laws as the state parties.
Public and Commercial Access to Voter Registration Information
Ms. Potter distributed a handout titled, "Statewide Database of Registered Voters," and discussed the contents of the handout. She also briefed the committee on public and commercial
access to voter registration information.
Chair Tanner suggested standardizing the information statewide in a generic elections
bill.
Ms. Sherrie Swensen, Salt Lake County Clerk, said that Salt Lake County is providing
information from voter registration per GRAMA. She said one concern is protecting information
for people at risk.
Mr. Joel Campbell, Utah Press Association, expressed concern about the consistency of
information through the state with some counties providing information and some not. He was
also concerned about costs.
Linda Lunceford, Weber County Clerk, stated that all voter registration information
should be public. She also suggested that the state standardize fees because of different levels of
technology.
Chair Tanner asked Ms. Potter to meet with legislative staff, develop recommendations
about access to voter registration information, and come back to the next meeting with
suggestions for the committee.
Voting Equipment and Voting Mechanisms
Ms. Potter briefed the committee on the voting equipment and voting mechanisms in
Utah and throughout the country. Utah currently does not require that voting equipment used in
Utah elections meet any affirmative standards. Ms. Potter argued that Utah voting equipment
should have approval and meet certain standards before it goes to the public. She explained that
the National Association of State Elections Directors formed an Independent Testing Authority
and set certain standards for accuracy and reliability that election equipment must meet. Wiley
Laboratories tests election equipment and certifies it if it meets the National Association's
standards. States requiring compliance with the standards can then purchase the certified
equipment.
5. Sunset Review of Judicial Nominating Commissions - Mr. Jerry Howe, Research Analyst, OLRGC, distributed a handout titled, "Manual of Procedures for Judicial Nominating
Commissions." He provided a history and explained that Article VIII, Section 8, of the Utah
Constitution requires the Legislature to provide for the composition and procedures of the
Judicial Nominating Commissions. Section 20A-12-102 and 20A-12-103 of the Utah Code
provide for the nomination and selection of judges. He explained that these sections of the code
will be repealed on July 1, 1999, unless the Legislature extends or repeals the sunset date.
Mr. Rick Schwermer spoke about preserving the merit selection for judges and noted that
many of the controversial provisions would be obsolete this year.
Rep. Buckner was concerned that decisions were being made behind closed doors.
Mr. Gary Doxey, Governor Leavitt's General Counsel, spoke to the issue of judicial
nomination.
6. Adjourn -
MOTION: Sen. Muhlestein moved to adjourn the meeting at 4:59 p.m. The motion passed unanimously with Sen. McAllister absent for the vote.
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