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 Evans called the meeting to order at 9:20 a.m.

2. Committee Business -

MOTION: Rep. Pace moved to approve the minutes of the May 19, 1999 meeting as amended to indicate Sen. Peterson as absent for the motion to adjourn. The motion passed unanimously.

3. Personnel Management Act Modifications - Ms. Laurie DiPadova, Deputy Director, Center for Public Policy and Administration, University of Utah, discussed theories and trends of human resource management. She noted that every state employee represents state government. Among the themes she discussed were the value of human resources, pushing decisions downward, elevating managers' decisions and abilities to hire and fire, pay for performance, the notion of limiting job classifications, creating a learning government, and linking compensation increases to knowledge and skills acquired through training.

Committee discussion followed.

Ms. Ruth Bauman, Retired District Director, Wage and Hour Division, U.S. Department of Labor, discussed the Fair Labor Standard Act (FLSA) and its applicability to state employees since a 1985 ruling by the United States Supreme Court. She noted the United States Department of Labor has been very detailed in working out and focusing on which employees are subject to FLSA, what is considered hours worked, and which employees are exempt from the law. She said that the employer is responsible to record all hours worked for each individual employee. She explained that it is not the employer's decision about which employees are exempt or non-exempt, it is written in the law. Ms. Bauman stated that department heads need to be educated concerning the ramifications of FLSA, suggesting that if they have knowledge of the law it will eliminate potential employer/employee problems concerning exempt status or hours worked.

Committee discussion followed.

Ms. Karen Suzuki-Okabe, Director, Department of Human Resource Management (DHRM), distributed a handout titled "Recodification of the Utah Personnel Management Act." She explained the proposed issues in the handout. Some of the issues addressed included compensation, guidelines for core human resource functions, decentralization of responsibility to departments and line managers, and maintenance of merit principles.

Mr. Con Whipple, DHRM, noted there are several different options for proceeding with the recodification. The preference of DHRM was to establish a task force of key people who have serious interest in the Personnel Management Act, including DHRM, employee associations, agency Human Resource directors, legislative staff, the Governor's Office of Planning and Budget, and others.

Mr. Tom Bielen, Utah Public Employees Association (UPEA), spoke about issues regarding the Personnel Management Act. He said that UPEA prefers that DHRM develop the recommended changes to the Personnel Management Act and then then allow for comment.

MOTION: Rep. Koehn moved to direct the Department of Human Resource Management to prepare draft legislation of the Personnel Management Act, with some consultation with other groups. DHRM was to prepare this legislation to be given to legislative staff by September in preparation for committee review and action in October. The motion passed unanimously.

4. Closed Primary Elections - Mr. Cannon distributed a handout titled "Closed Primary Election Processes," and discussed its contents.

Lt. Governor Olene Walker said that it has been left to the individual political parties to decide if there should be a closed primary election. She said that whatever is done, it needs to be within the capability of the Elections Office and the County Clerks to administer it.

Committee discussion followed concerning the need for discussion, draft legislation, or further action by the committee on the closed primary elections issue.

MOTION: Rep. Koehn moved to not address the closed primary elections issue in this committee and move to the next item on the agenda.

SUBSTITUTE MOTION: Sen. Peterson moved to not address the closed primary elections issue in this committee and move to the next item on the agenda. However, if an individual legislator decides to file legislation concerning closed primaries and wants the committee to hear it, then the committee could consider the issue. The motion passed with Rep. Iverson and Rep. Pace voting in opposition. Sen. Spencer was absent for the vote.

5. Statewide Initiatives - Mr. Fellows distributed a handout titled "Initiatives Submitted to the Legislature: How Should the Legislature Address Them?" and explained its contents to the committee.

The committee discussed the issue of who should be listed as sponsor on legislation certified to the Legislature by the people.

MOTION: Sen. Spencer moved that the committee adopt option A: The People of the State of Utah should be listed as sponsor.

SUBSTITUTE MOTION: Rep. Styler moved to give the sponsors of the initiative the option of having as sponsor either option A: The People of the State of Utah or option D: a legislator designated by the initiative petition sponsors. The motion passed, with Sen. Spencer and Rep. Pace voting in opposition. Rep. Koehn was absent for the vote

Committee discussion followed. The committee specifically discussed how substantive and technical drafting issues connected with the language of the proposed law should be resolved.

MOTION: Sen. Spencer moved that the existing law concerning technical corrections be left in place and the committee not include additional processes for making substantive or technical changes. The motion passed with Rep. Pace voting in opposition. Rep. Koehn was absent for the vote.

Committee discussion followed concerning what process the Legislature should follow in considering an initiative petition.

MOTION: Rep. Styler moved that initiatives be treated the same as any other legislation would be treated in the legislative process. The motion passed with Rep. Buckner, Rep. Iverson, and Senator Spencer opposed. Rep. Koehn was absent for the vote.

Committee discussion followed.

6. Adjourn -

MOTION: Sen. Peterson moved to adjourn the meeting. The motion passed unanimously, with Rep. Koehn absent for the vote. The meeting adjourned at 11:38 a.m.