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MINUTES OF THE

LEGISLATIVE PROCESS COMMITTEE

Friday, November 16, 1998 _ 1:00 p.m. _ Room 405 State Capitol


Members Present:    
    Sen. Leonard M. Blackham, Senate Chair     Rep. Evan L. Olsen, House Chair
    Sen. R. Mont Evans
     Speaker Melvin R. Brown
    Rep. Patrice M. Arent
    Rep. Brent H. Goodfellow
    Rep. Raymond W. Short
    Ms. Ann Marie Allen
    Mr. Grant Caldwell
    Ms. Joan D. Glenn
                    

Member Excused:
     Sen. E. George Mantes     
    Mr. Brent Litz

Staff Present:    
    Mr. Stewart E. Smith,
     Managing Research Analyst
    Mr. John L. Fellows,
     Associate General Counsel
    Ms. Barbara A. Teuscher,
        Legislative Secretary

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

1.    Call to Order and Approval of Minutes of October 23, 1998
                                                
        Chair Blackham called the meeting to order at 1:10 p.m.

         MOTION: Rep. Arent moved to approve the minutes of October 23, 1998. The motion passed unanimously.

    Chair Blackham welcomed committee members. He called their attention to the letters in the committee packets which were sent to the Executive Appropriations Committee regarding performance-based budgeting and to the House and Senate leadership regarding the training of committee chairs.

2.    In-depth Budget Review - Department of Corrections

    Mr. Bill Dinehart, Senior Fiscal Analyst , Office of the Legislative Fiscal Analyst, di stributed an executive summary of the in-depth budget review of the Utah Department of Corrections. Mr. Dinehart presented the budget and fiscal portions of the in-depth budget review. He said the department's total budget for FY 1999 is $169,837,900 and that 88.9% of the budget is from the general fund. He then discussed the department's responsibilities. Mr. Dinehart reviewed with the committee the Legislative Fiscal Analyst's key findings and recommendations. Committee discussion and public comment followed the presentation.

    Sen. Evans declared a conflict of interest. He discussed salary structure in the Department of Corrections, FTE's by area, and safeguards if a community does not want a halfway house. Mr. Dinehardt commented that there was a salary structure within the department but said a correlation has not been done between departments.

    Mr. Dinehart explained the workload in the field operations area is changing under the new administration. He also addressed the $7 million for jail reimbursement. He said the majority of the money goes into the urban counties rather than for jail contracting in rural areas of the state.
    
    Mr. Grant Caldwell asked if there are hard numbers comparing the cost of privatization with state owned facilities. Mr. Dinehart indicated that ten years ago there were almost no private facilities and now they exist in approximately 35 to 40 states. He explained the cost and process of bonding and experience of other states.

    Mr. Tim Osterstock, Manager, and Mr. Darin Underwood, Audit Supervisor , Office of the Legislative Auditor General, addressed the committee. Mr. Underwood discussed the following issues: (1) costs of county jail contracts to hold department inmates, (2) compensation and training, (3) inmate medical and treatment services, (4) POST certification and custody training of the clinical staff, and (5) inmate manipulation of swinging cell doors. Mr. Underwood said in FY 97 there was a cost of approximately $54 per day to put an inmate in prison compared with the present contract of $38 per day. He then referred to the handout and explained additional costs per inmate per day and discussed recommendations outlined in the performance audit.
    
    Mr. Pete Haun, Executive Director, Department of Corrections, responded to the presentations. He informed the committee of significant changes made in the department and said the changes have brought a sense of renewal to the Department of Corrections. He then responded to each recommendation. Committee discussion and public comment followed Mr. Haun's presentation.

    Mr. Gary Ricks, Office of the Fiscal Analyst, explained that the department is responsible for higher education and public education by statute and noted that the department has the authority and responsibility for conducting their education programs and working with other state agencies.

    Chairman Blackham thanked the members of the committee who served for the purpose of the in-depth budget review and recessed the committee for ten minutes.



3.     Legislative Compensation Commission Recommendations
                
    Committee members discussed legislative procedures for addressing Legislative Compensation Commission recommendations.
    
    Speaker Brown updated committee members on this issue, which was discussed briefly at the previous meeting.

     MOTION: Rep. Goodfellow moved to request committee legislation that would make the salary recommendation of the Legislative Compensation Commission take effect automatically unless the Legislature affirmatively reduces or rejects it. The motion passed unanimously. Rep. Short was absent for the vote.

4.    Notification of Concurrences

    Mr. Smith reviewed the document in the committee packet titled "Notification of Concurrences." He summarized how other states handle concurrences and discussed alternatives. Committee discussion followed.

     MOTION: Speaker Brown moved to recommend that the legislation be placed on the calender for notice when the communication from the other house is read and that the vote be taken on the concurrence the next day, except for the final two days of the session unless a majority requests immediate consideration. Committee discussion followed Speaker Brown's motion.

     SUBSTITUTE MOTION: Chair Blackham moved to place concurrences on the calendar for notice and deal with it the next legislative day except during the final two days when, upon receiving notice of an amendment in the other house, the bills should be placed on a concurrence calendar for consideration by the body. The motion passed. Sen. Evans voted against the motion.

5.    Appointment Procedures for Legislative Vacancies

    Mr. Fellows reviewed methods of filing legislative vacancies in other states. The committee reviewed and discussed procedures in other states.

6.    Authority of Standing Committee Chairs

    Mr. Smith reviewed the powers and duties of standing committee chairs in other states. He said it is not so much the power listed in the handout but how those powers are used by
committee chairs. The challenge is in finding a way to encourage the chairs to shoulder the

responsibility. Committee discussion followed.

    Chair Blackham recommended that the committee send a letter to the Speaker and President reflecting the sensitivity that a chair needs to show in conducting standing committee meetings. The chairs should be cautioned about using their authority to debate or to make motions.

7.     Legislation Format, Purpose Statement, and Summary
    
    Mr. Fellows presented comments from other states regarding bill summaries and intent statements. The committee reviewed the experiences of other states that included alternative purpose statements and summary information in bills. Mr. Fellows highlighted the advantages and disadvantages. Committee discussion followed.

    Rep. Goodfellow suggested continuing to look at this agenda item during the next interim.

8.     Other Items from Committee Members

    Rep. Short said the difference between a public hearing and a committee meeting needs to be clarified. Committee discussion followed.
    
9.    Adjournment

     MOTION: Rep. Olsen moved to adjourn the meeting at 4:50 p.m. The motion passed unanimously.
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