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Show ' f t '' Opinion Clouds Three Actions by Legislature By Dave Jonsson Tribune Staff Writer The major bills of the recent budget session of the Utah Legislature including the $17 million gas tax are considered unconstituincrease tional because of defects in their passage in the House of Representatives, Gov. Scott M. Matheson disclosed Thursday. The conclusion comes in an opinion of the Legislative General Counsels Office, prepared by attorney Steven W. Allred, which points out H.B. 1, H.B. 14 and H.B. 96 were improperly processed through the House . . and the flaws are fatal. They are the Devereaux House appropriation, Governmental Immunity Act amendments and the gas tax increase of two cents a gallon. Gov. Matheson conferred with Attorney General Robert B. Hansen, who is reported to have told the governor, after studying Mr. Allreds nine-pag- e opinion, that the situation looks grim. The discovery seems to add an extra note of urgency to the special session Gov. Matheson has said he is probably going to call for sometime in May. But the governor said adding these bills to that agenda for repassage is only one alternative. The other is a . court determination of the bills fate. legislative General Counsel Melvin E. Ieslie said another bill is being studied because of possible similar frailties. Its H.B. 72, the bill setting the state maximum speed limit at 55 and giving the public safety commissioner authority to modify license point penalties based on severity of offenses. Mr. Leslies office has no opinion on that, yet, however. The bills flaws deal with the way their titles were read before House membership each time they came up for passage. Full, formal titles must lie read aloud three times, Mr. Allred said short titles (abbreviated synopses of titles used to save time) are not constitutionally sufficient, he held In the case of H.B. 1, the Devereaux House measure, research disclosed the formal title wasn't read before representatives on any occasion, either for first, second, or third (final) readings. H.B. 14 flawed. and H.B. 96 are similarly The opinion states that "we believe no procedural or legal basis exists for believing that the three bills met the constitutional requirement. that the Devereaux House Building Board suspended negotiations with owner B G Coan to buy the proerty under the $750,000 appropriation the bill had made for the purpose The gas tax wasn't to be effective until July 1 anyway, and correction of the problem in May could see the avoidance of any loss in revenues. The Governmental Immunity Act amendments were effective already and really arent invalidated by the opinion. However, a lot of uncertainty about their application will arise if any lawsuits involving any of the amended portions crop up The legislative attorneys' opinions have no formal weight under the law; they are advisory to their clients only. For that matter, attorney generals' opinions are the same ruling hill But officials follow them anyway and the opinions are considered authoritative unless overturned in court. Mr. Leslie said if Gov. Matheson chooses to present the bills to the legislature for correction in a special session, lawmakers will be free to handle the subject matter any way they wish And that can include killing the bills or modifying them The most immediate effect of the is felt in The UP&L Requesting Rate Increase Of $73.9 Million By Paul Roily Tribune Staff Writer Utah Power & Light Co. Thursday, in two separate applications, asked the Utah Public Service Commission for an annual rate increase of $73,984,000. Also included in the application is a revolutionary rate structure for the Utah utility which would favor residential customers who conserve energy. The rate applications provides for a general increase of $64,778,000 and a increase of $9,207,000. If granted, the increase would add an additional cost of $6 a month, or $72 a year, to the hill of a typical residential user. h increases, under state law, reflect the increased costs of fuel pass-throug- h Pass-throug- to the utility and do not benefit the h increase is utility. This intended to cover the increased costs incurred by UP&L from the recent agreement reached between coal operators and members of the United Mine Workers of America. The pass through represents 3.76 percent increase. Largest Ever Received The general application, the largest ever received by the PSC, represents a 25 48 percent increase. The application includes the companys annual expense for construction work in progress, which was allowed by the PSC in 1976, and the accounting changeover from flow through accounting, to normalization, which is intended to equalize the tax obligation in relation to the book value of the companys property. This is the third year in a row that the commission has had to consider a general rate increase application from UP&L. The PSC granted the utility $27 million in 1976, nearly what the firm had asked for. The commission in 1977 granted UP&L about $29 million, $10 million less than what the company had pass-throug- sought. A new twist to the application filed Thursday is the inclusion of attrition or what is lost to the company while the commission is deciding on the application. The attrition factor accounts for 6.04 percent of the general application. That assumes, said UP&L attorney S. G. Baucom, that the grant will become effective Aug. 1. If it becomes effective Local News TV Today Features Pajje E-- 2 Friday Morning, March 31, 1978 Iajre One Section B Yesterdays Chuckle Voting is a process of standing in line for the opportunity to help decide which party will spend your money. June 1, then the attrition factor would drop down to 2.55 percent and the amount of the increase application would drop. Need Larger Amount Conversely, if the increase becomes effective at a later date than Aug. 1 the attrition factor would become greater and the r mount needed would be larger. The company is including this attrition factor as an alternative to asking for a higher authorized rate of return on the firms common equity than is currently allowed by the commission, said Mr. Baucom. Last year the commission dropped the authorized rate of return on equity which had been from 16 percent See Page Column B-- 1 Dan Valentines mini-bottl- . . d . . . . old-tim- heeled shoes than in any other state or so the ladies shoe experts say. The average Utahn eats 30 oysters a year (which means some poor Utah resident must be eating 60 oysters I've every year to make up for me never eaten an oyster in my life). There are more than 50,000 residents dont have any teeth and this doesn't count babies. in the state of Utah who At last count, Utah led the world in the number of chest surgeons per capita. An l did you know that Ft. Douglas was (he first United States fort with its guns facing a city instead of away from it? More Utah women wear long daytime dresses than women in other states a pity, too, because Utah women have e pretty legs. (And just to keep you women's libbers and sex equality ladies from busting a gasket I hurriedly add that Utah men have very pretty legs, tixi.) THERE ARE MORE than 80,000 milk cows in the state of Utah .and over a million sheep At last count, there were 450 moose in Utah (not counting members of the above-averag- . Moose Idge). And did you know there used to be a saloon in the lobby of the Hotel Utah? It's the truth. It was before prohibition, and you could stroll through the Hotel Utah to the rear, go up to the bar and ask the bartender for a shot of Scotch or bourbon. There was also a lieer sahxm in the and at one lower level of the hotel time, the Hotel Utah boasted a package liquor store. My goodness, times change. Can you imagine the commotion that would be caused these days if there was a saloon in the Hotel Utah lobby (especially during Conference)? Well, time marches on, backward or forward, as the case may be SAM, THE SAD CYNIC, SAYS: . . . Do people ever get married on April Fool's D4y and if not, why not? part of their exhibit at this years Metropolitan Science Fair. Our judge gave it to us, explains Samme. Fascinated with fishy studies. sharks, both plan further Young Scientists Display Knowledge at Fair By Randy Hatch Tribune Staff Writer d Most girls are full of giggles and talk of boy friends when they get together. But not Megan Neff and Samme Page. They prefer to discuss sharks. Megan, daughter of Mr. and Mrs. Steven Neff, 3429-361- 0 East, and Samme, daughter of Mr. and Mrs. Robert Page, 3965 Jupiter Dr., are just two of more than 340 junior high school students participating in the 25th annual Metropolitan Science Fair, according to Dr. H. Jess Brown, teacher at Highland High School and chairman of the event. twelve-year-ol- Shark Specimen Eve been interested in sharks for Samme explained, quite a while, standing next to a particularly handsome specimen of a dog shark. Both girls intend to pursue careers in biology. Nothingc Serious STATE PRIDE: With all its faults e Utah is law including the a very interesting state. In fact, we who live in Utah tend to overlook all the odd and unusual facts about our state. Such as: Did you know that at the present time, there are more than 4 million live turkeys in' and Utah? . some 1.3 million hens who lay 1.112 day? Fewer people play bridge in Utah or so the than in any other state bridge experts say. Utah is one of the few states in the nation that does not have an officially-recognizeand acnudist camp cording to experts, fewer women in Utah wear girdles than in any other state (that's because, I suppose, that Utah women have such wonderful shapes, they dont need girdles). There are six different varieties of rabbits hopping around on Utah state land . . The average depth of Great There Salt Lake is about 14 feet was an earthquake in Salt I,ake Valley on Washingtons birthday, Feb 22, 1856 nobody was hurt. REMEMBER PAULETTE Goddard, e movie star? Well, Paulethe ttes father used to be a cigarmaker in Salt Lake City. And did you know that it snowed, actually snowed in Salt Lake City on the Fourth of July in the year 1910 all the residents celebrated by wearing overcoats. And on July 27, 1852 the temperature In downtown Salt Lake Cl.y is said to have soared to a high of 127 degrees. And on the oilier end of the thermometer, on Eeb. 5, 1840, the temperature in the Salt Lake Valley went dow n to 33 degrees below zero TEWER WOMENdn Utah wear high Megan Neff (left) and Samme Page, both 12, show off a fine specimen of a dog shark Very often people get interested in the research they do here and go on in that area, Dr. Brown said. He cited the example of the hydrogen car currently being developed by a Provo firm. That started as a 9th grade science fair project, Dr. Brown said. I think its incredible, said Lou Salet, a University of Utah biology student. They know more than I do! James Karr, a fellow biology student, was equally impressed with the hun- dreds of displays representing thousands of hours of work. Impressive Knowledge At that age I didnt even think of doing the kind of stuff theyre doing, Mr. Karr said. The knowlege they have is impressive. The fair, sponsored by Salt Lake, Granite, Jordan and Murray school districts, includes projects ranging from Biorythms to Salicylic Acids Effect on Hemostasis. " Pointing to a little wood box covered with tinfoil. Adam Wilkins, 12, and Corey Pedersen, 13, explained that they were taking electronic vibrations, converting them into light, and back into electronic vibrations. The atmosphere was tense for a moment as Adam, son of Ray Wilkins, 1626 Sunnydale Lane, twisted dials, getting only static. Then sound came out of the speaker. The experiment was a success, Corey, son of Paul and Dorthea Pedersen, 4915 Emigration Canyon, exclaimed. Local civic, business and educational groups also award prizes to the best entries, Dr. Brown added. We dont give any scholarships to the winners, he said, but very often their record here helps them get scholarships later Entrants are divided into two secDr. Brown explained, physical science and biological science. For several hours Thursday, 63 experts carefully examined each student's project. Admission to the fair is free and is open to the public Friday from 9 a m. to 9:30 p.m. at the Olpin Student Union Ruilding, University of Utah. Awards will be announced at a 5 p.m. banquet. We give about 70 trophies to the finer projects, Dr. Brown said. On the highest level, three entrants are sent to the international science fair at Anaheim, Cal. tions, on. City Workers Gain Pay Boost By Hal Spencer Tribune Staff Writer Salt Lake Citys 1,900 rank and file employees will get 7 percent cost of living raises effective April 1, the City Commission announced Thursday. In related developments, the commission promised to impose an immediate freeze on hiring, announced a plan to chop fat from present employee rosters and said again it had no plans to raise taxes. Formal approval of the $1.5 million raise package must await a public hearing scheduled April 11, but Finance Commissioner Jennings Phillips Jr. said, "I doubt anything said at a hearing will change our minds. In making the announcement, which has involved virtually no public discussion, the commission issued a strong pledge not to raise taxes for fiscal 1978-79- . No Windfill Gains That pledge includes a promise that the city will not "accept windfall gains from the Utah State property tax reassessment program. Under the program, the city, like other governing bodies, is eligible to take 6 percent of the tax gain. But Mayor Ted L. Wilson said, "We wont even take that. He challenged other governing bodies in the county to follow suit, and give the besieged property taxpayer a break. The announcement of a cost of living increase was followed by a resolution to impose an immediate hiring freeze in city government. The freeze will be in conjunction with g all other formulas to be assembled beginning April 1, having a July 1 effective date, said Commissioner Phillips. More Work, More Pay The personnel department will be instructed to formulate a plan to compensate employees assuming a larger workload because of a shrinking work force, he added. Other costsaving measures to be examined will include possible' consolidation of job functions to further shrink the work force, said the finance commissioner. The action to raise employee wages follows a commission decision last month to approve a $780,000 executive salary plan averaging 12 percent raises for its 320 management level employees, effective April 1. At that time commissioners voted themselves raises of 5 percent, after Personnel Director Robert T. Mullally had suggested they receive increases of 18 percent. Thursday's action also included a pledge to continue assembling an accurate forecast of 1978 79 tax reto determine if additional venues salary adjustments and benefits are feasible. cost-savin- The statement was in reference to the citys upcoming collective bargaining sessions with its rank and file in which more wage increases and other benefits will be sought. The decision to grant the 7 percent raise surprised some observers, including labor leaders who had been led to believe that the city intended to make employees bargain for everything they get under a new Collective Bargaining Resolution. However. Public Safety Commissioner Glen N. Greener said earlier this week that cost of living adjustments should not be part of the bargaining process. Common decency says we honor cost of living raises, he said. False Economy? percent increase is "recognition that a demoralized and poorly paid work force is false Mr. Phillips added. economy, The Funds to pay for both executive and rank and file wage increases will come almost wholly from a lucrative Christmas season sales tax take. Auditor K Ray Hammond indicated Finance Commissioner Phillips struck the only sour note of the session when he told employee union representatives that current city largesse doesn't preclude the possibility that shifting economic patterns will cause a cutback in wages and personnel." Rangeland Proposals Draw Wide Support By Robert S. Halliday Tribune Environmental Specialist Livestock interests and environmentalists joined Thursday in support of promised legislation to improve rangelands, restructure grazing fees to reflect the economics of livestock production, change procedures in rangeland management and reduce excess wild horse herds on public lands Virtually all seakers applauded general objectives of the bill at a public hearing in the Salt Palace, conducted chairby Rep. Teno Roncalio. man of the House suocommittee on Indian Affairs and Public Lands. He was flanked by Rep. Gunn McKay, sponsor of the bill, and Rep. Dan Marriott, The latter explained he is not a member of the subcommittee but has a strong interest in the legislation. Aboit 130 people attended, represent ing varied land and livestock interests, environment and law from seven or more western states including all Intermountain states. Among the Provisions The measure (HR10587), as presently drafted, would include provisions to: - Have Interior and Agricultural departments conduct and maintain an inventory of range conditions and trends in conditions Appropriate an additional $15 million annually for range improvements, of which at least 80 percent would lie spent for rangeland maintenance and improvements. Round up all excess horses and burros, offer public adoption for one yea. with full ownership thereafter (Under present law, they can only be adopted, not owned.) Those unadopted would e disposed of in the most humane way possible." , The funds will tie used only for "nonenviionmental impact improvements" until resolution by court action of environmental impact statement and land use plan requirements (The National Resources Defense Council was one of the few organizations to oppose the bill in Washington, D C., hearings NRDC, an environmentalist organization. brought the suit in which the Bureau of Land Management agreed to prepare statements on the impact of grazing on public lands.) At the Salt Lake hearing Thursday, livestock spokesmen appealed for legislation to allow application of funds for all range improvement without waiting for impact statements. "The E1S and land-usplan requirements could keep these new range improvement funds in orbit for 20 years before they are put to piactieal use," said Jy-- Hull, attorney for livestock groups in Elko, Nov. e Livestock interests said the suggested fee structure is fair including as it does the factors of annual value of forage and cattle market prices. View of Nevadans Nevada, with the largest wildhorse problem, urged granting immediate ownership of the animals by public r applicants rather than the adoption period Alan Oppio, Reno, speaking for the Nevada Farm Bureau Federation, said ercent of the wild horses only a Unit are sought under the present adoption program and the Bureau of Land Management is forced by present statutes to continue feeding the rest at great expense or turn them back on the range to defeat the purpose of the costly roundup in the first place Under present federal protection, one-yea- 1 See Tage M U 7 i B--2, Columi VAu 1 |
