Download Zipped File WP 6.1 0814CRCM.ZIP 5,340 Bytes

Utah Constitutional Revision Commission

MINUTES OF THE

UTAH CONSTITUTIONAL REVISION COMMISSION

August 14, 1998 - 9:00 a.m. - Room 405 - State Capitol


Members Present:                     
    Mr. Gayle McKeachnie, Chair     Mr. Alan L. Sullivan, Vice Chair     Rep. Afton B. Bradshaw         Speaker Melvin R. Brown
    Sen. Mike Dmitrich
    Justice Christine Durham    
    Rep. David M. Jones         
    Mr. W. Craig Jones                        
    Mr. Morris Linton
    Sen. Howard C. Nielson
    Mr. Richard V. Strong                     
    Dr. Jean Bickmore White                    
    Mr. Kevin Worthen    

Members Absent:

    Ms. Diana Allison
    President Lane Beattie
    Mr. Dallin W. Jensen

Staff Present:    
    
    Mr. Jerry D. Howe,    
     Research Analyst    
    Mr. Robert H. Rees,
     Associate General Counsel    
    Ms. Junie G. Anderson,
     Legislative Secretary

Note:    A list of others 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 - Vice Chair Sullivan called the meeting to order at 9:03 a.m.

     MOTION: Sen. Nielson moved to approve the minutes of the July 10, 1998 meeting. The motion passed unanimously with Sen. Dmitrich, Justice Durham, and Mr. Strong absent for the vote.

2.    Discussion of Resolution Amending Local Government - Mr. Rees distributed a handout titled "Summary of Utah League of Cities and Towns' Position on Most Recent Commission Draft," and discussed information provided in the document. He also reported on his efforts to work with bond counsel and the League of Cities and Towns to draft an amendment to the special district provision.

    MOTION: Vice Chair Sullivan moved that the chairs appoint two committees _ one committee to negotiate with the League of Cities and Towns and the other with the Association of Counties. The motion passed unanimously.

    Mr. Howe explained that Rep. Zolman requested that the commission examine a proposal to amend the election cycle of State Officers so that the governor would be elected two years after the presidential election rather than at the same time. He distributed a map depicting the election cycles in the 50-states titled "Gubernatorial Election Years of the 50 States."

3.    Discussion of SJR 10, "Resolution Establishing Wildlife Numbers" - Vice Chair Sullivan explained that the commission approved a motion at its last meeting to discuss this resolution. He then introduced the presenters.

    Rep. Michael Rep. Styler explained that Proposition 5 is primarily about wildlife management. He said that approximately five years ago, two existing boards -- one managing small game and predators, and the other managing big game -- were combined to create a Regional Advisory Council (RACs). RACs, he said, has been very successful in managing Utah's wildlife. Rep. Styler expressed concern that certain groups from outside the state want to manage Utah wildlife practices through initiative petition.

    Mr. Don Peay, Utahns for Wildlife, said Utah citizens are in control of the wildlife management system in Utah and that they should have the chance to decide if the current wildlife management system should remain. Proposition 5 is an effort to preserve Utah's wildlife practices from East Coast Special Interest groups who can influence Utah elections through the initiative process.

    Justice Durham asked why wildlife management should be considered a higher priority than other types of regulatory processes managed by government. Mr. Peay explained that the wildlife system is being attacked by the Washington DC agenda.

    Rep. Bradshaw asked which outside organizations are working with Utahns for Wildlife. Mr. Peay answered that no other organization is working with them. He said money raised for campaigns goes to Montana and then it is filtered back to Utah.

    Mr. Craig Jones asked which states have used initiative efforts to limit predator hunting. He also asked whether the Utah Wool Growers Association has taken a position on Proposition 5. Mr. Peay said that the Utah Wool Growers Association and the Utah Cattlemen's Association were supportive of Proposition 5. He also explained that initiative efforts have been considered in both California and Washington. Justice Durham explained that the Legislature could amend or repeal a law enacted by initiative.

    Mr. John Ray, Utah Wildlife Federation, spoke in support of Proposition 5 and said that he feels it is important for the people of Utah to have the opportunity to decide on the wildlife management process and that a two-thirds vote should be necessary before any changes to the current management process is allowed.

    Ms. Janice Gygi, President, Utah League of Women's Voters, distributed a copy of the statement that will appear in the Voter Information Pamphlet. She also distributed a handout

titled "Results of Utah Initiatives and Referendums 1960-1996," and a brochure titled "Stand Up for your Right to Vote - Vote No On Proposition Five." She urged the commission to discourage passage of Proposition 5.

    Mr. Craig Axford, Campaign Coordinator, Voting Rights Coalition, also urged the commission to discourage the passage of Proposition 5. He distributed handouts titled "Comments - Constitutional Revision Commission," and "Proposition 5: Resolution Establishing Wildlife Numbers." He discussed the information provided in the handouts.

    Rep. Jones was concerned that campaigns used by the Voting Rights Coalition were based on emotion, not facts. He explained that this issue should be discussed in the broader context of whether or not the entire initiative process should be subject to a two-thirds vote. Proposition 5 elevates one issue, wildlife management, above all the issues subject to initiative. If it is a good idea for wildlife issues to be subject to a two-thirds vote, he said, it is also a good idea for all initiatives to be subject to the same vote.

     MOTION: Rep. Jones moved that the commission officially oppose Proposition 5.

     SUBSTITUTE MOTION: Speaker Brown moved that no action be taken by the commission on Proposition 5. The motion failed with Chair McKeachnie, Sen. Dmitrich, Sen. Nielson, Speaker Brown, and Mr. C. Jones voting in favor of the motion. Mr. Strong abstained from voting.

     SECOND SUBSTITUTE MOTION: Speaker Brown moved that the commission defer action on Proposition 5 until the next meeting on September 9, due to the lack of attendance at the August meeting. The motion failed with Chair McKeachnie, Sen. Dmitrich, Sen. Nielson, Speaker Brown, and Mr. C. Jones voting in favor of the motion. Mr. Strong abstained from voting.

    Rep. Jones' original motion was then discussed and passed, with Chair McKeachnie, Sen. Dmitrich, Sen. Nielson, Speaker Brown, and Mr. C. Jones voting in opposition. Mr. Strong abstained from voting.


4.    Other Business

    Chair McKeachnie appointed membership for the two subcommittees as follows:

Subcommittee on Cities - Dr. White, Rep. Jones, Rep. Bradshaw, Mr. Worthen, Chair Sullivan, Sen. Beattie, Mr. Strong, Ms. Allison, and Alan Sullivan.

Subcommittee on Counties - Speaker Brown, Mr. Linton, Justice Durham, Sen. Dmitrich, Sen. Nielson, Mr. C. Jones, and Chair McKeachnie..

5.    Adjourn

     The meeting was adjourned at 11:17 a.m.

[Back to the Interim Directory][Back to the Monthly Schedule][Back to the Committee Listing] Utah State Legislature