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Show The Salt Lake Tribune, Friday, February 28, 1986A5 Bangerter Mixes Legislature Praise With Chiding Continued From l ception of caving in to what some called an obstinate House, the governor and the Senate saw the House do a turnabout in its position toward bonding in the squeeze for money. Approval was gained for nearly a $24 million bond issue to finance new building construction. The governor welcomed it, but said lawmakers "should have gone stronger on bondA-- ing. An unusual aspect of the session was the successive downward revision of the expected tax revenues by staff fiscal analysts, making the revenue base look at little like melting ice cream, and forcing the Legislature into emphasis on cutting back the tar- geted increases earlier planned. Gov. Bangerter, who noted this was the 12th budget year in wich hes been involved because of his earlier role as a legislator, acknowledged: "Without question that has been the most difficult budget." With publicity emphasizing triminming of the proposed budget creases, many legislators believed the actual increases, such as more than $40 million for public education, were lost on the public, leaving a perception that education was severely underfunded. That false impresssion, legislative leaders claimed, was also amplified in the wake of education increases of twice as much in the previous two years increasing public expectations. Legislators, anxious to avoid resorting to general tax increases, were forced to drop their previous tentativeness in using flood control reserve funds to support the budget. In the end, they spread around some $40 million of the reserve into this years and next years fiscal budgets. Gov. Bangerter said he was hap- py the Legislature left $30 million in the flood reserve, essentiallly the amount he had suggested. He noted he still had the option to double the amount available by retaining money that can be generated from a percent sales tax before it is scheduled to be turned over to local governments July 1, 1987. With some $40 million extra now "built into the base of the new budget, the governor conceded that in the 1987-8fiscal year, if the economy doesnt improve, "we would have to look at a tax increase. one-eight- h 8 Gov. Bangerter praised the Legislature for increasing the share of rereimbursed overhead search funds that higher education can retain, and for enacting policy to mandate vehicle seat belt usage, modifying prison plans to allow double-bunkin- and creating a new intermediate court of appeals. He also cited as positive a new banking bill permitting interstate ventures to prop up failing institutions, and a comprehensive new insuiance regulation code. He was cool toward the legislative e pay bogrant of 1 percent, nus to public employees. "They havent received enough, but we recognize times are tough," he remarked. one-tim- The governor was dismayed that the road building transportation fund was tapped for some funds to support the budget, and said he is "disappointed that the Legislature essentially eliminated the services of the State Division of Contractors except for perfunctory licensing. The budget .. was cut approximately which will drop virtually all of the division's inspectors looking into con- - , sumer complaints, leaving that task to local governments. , Gov. Bangerter declined to desig-- , . nate what bills might be potential candidates for a veto, but granted that "obviously some have passed that we'd consider. He has until.'' March 18 to reject bills before they ' become law. The Legislature, also," has the option to reconvene in a veto-- : override session. J two-third- s, ( $24 Million Bonding Issue Projects R ange From U. Dance Building to Parking Lot By Douglas L. Parker Tribune Political Editor Funds for construction or planning of a score of state building projects were included in a $24 million bond issue approved by the Legislature, ranging from a new University of Utah dance building to completion of an Indian artifact museum in central Utahs Clear Creek. The financing of capital facilities also includes $6.9 million from the flood control reserve to provide $1.7 million for roadway improvements on southern Utah's Burr Trail and $5.2 million toward building the Trappers Loop Road in northern Utah, which will connect Weber and Ogden canyons. The first priority among projects to be is $2.7 million for a U. of U. performing arts center to replace the existing deteriorated dance building, an amount to be supplemented by private contributions to complete the structure. bond-finance- d About $4.6 million is slated for construction of a womens secure correc-tionfacility on State Prison grounds at Draper, to be located next to an existing young adult correctional unit. Tied to use of the construction funds is a provision that will be utilized at the young adult facility, where one of its four wings has to be turned to a diagnostic al double-bunkin- g d unit. Another new venture is $4.6 million to build a new state computer center, initially planned for construction in the hillside just north of the State Office Building on Capitol Hill. However, the administration was directed to look elsewhere first for potentially y and appropriate leased space which could be remodeled to house the data processing headquarters. less-costl- Other capital projects planned with the bond money include $3.9 million for a 1st District Juvenile Court a ap- science-technolog- y GOP-dominat- of the Utah ses- sion also marked the changing of the guard with the annoucement by veteran Sen. Warren E. Pugh, Lake City, that he plans to retire as a lawmaker. lt The Initial planning funds were also proved for By Paul Roily Tribune Staff Writer One battle that could be brewing between Utahs Republican governor and the Legislature may end up being a replay of a fight three years ago between former Gov. Scott Matheson and the lawmakers over the issue of separation of powers. The Legislature Wednesday passed a bill in the 1986 sessions waning moments that gives the legislative branch the authority to take state agencies to court if they fail to comply with legislative orders included in appropriations allotted to those agen- Years Service The adjournment Some other amounts: $1.3 million for parking land purchase at Southern Utah State College, $300,000 for first phase construction of a University of Utah storm drain system, $325,000 for building purchase of an Ogden community corrections center, $800,000 as the last of two samesized installments to complete the Fremont Indian museum along Interstate 70 in Sevier Countys Clear Creek, and $300,000 for a College of Eastern Utah business building. white-haire- senator, who has been a lawmaker for more than 20 years, choked back tears as paeans came from respectful colleagues during closing ceremonies. He was cited in a resolution as a man whose qualities of gentleness and friendliness are second only to his integrity and sense of fair play. And in more informal comments, they wondered what the Senate will be like without his familiar presence and steadying hand. Sen. Pugh will leave office with his seat representing the Holla-da- y area in southeast Salt Lake County up for election this fall. The past session may be the last e gathering of his seat full-scal- almates before that time though some interim activities are likely. The senator served in the House of Representatives during building at the Utah Technical College at Provo, a science building addition at Dixie College, a youth corrections Ogden diagnostic center, and expansion at the Bridgerland and Ogden-Webe- r area vocational schools. Another capital project, included in a separate bill, involved $1.3 million for the state to purchase abandoned trackage of the Denver Rio Grande Railroad on the Marysvale spur, contingent upon finding a pri- vate operator for the line serving central Utah. Eliminated from the legislative plan was $3.7 million to complete the purchase of the Wolf Creek recreational property on the Middle Fork of the Ogden River, but a smaller amount was included in a bill for an annual installment payment planned over three years to acquire the acreage as initiated a year ago. Bill May Resurrect Feud Over Separation of Powers Pugh Is Hailed At End of 20 Legislatures regular annual building in Ogden, $1.3 million to provide 1,000 more car parking stalls along the northern perimeter of Utah Technical College at Salt Lake, $216,000 for first phase new classroom space for the Salt Lake Skills Center on the Riverside campus, and $2.3 million for another phase of instruction space expansion at the Davis Area Vocational Center. cies. The bill, sponsored by Rep. Lloyd Lauded by Colleagues the 1959-6- 0 session, and then was elected to the Senate in 1966. Hes served as a Senate president, majority leader, and, during the 1980s, has been the chief appropriations figure for the Senate. Nearly 15 years ago, it was noted, he was also a sprinter by g on the run through the legislative hallway connecting the House and Senate the final budget bill to gain approval just before a midnight adjournment deadline. This time there was even 10 minutes to spare to laud the lawmaker. hand-carryin- authorizes the Selleneit, legislative general counsel to enforce legislative-inten- t language in court, if necessary. But detractors of the bill say it is an attempt to erode the constitutional principle of separation of powers and some fairly quiet rumblings in Gov. Norm Bangerters office suggest he may veto the bill. The Legislature is like the wind and the rain, said former Gov. Matheson Thursday. They erode everything. Gov. Bangerter was not available for comment Thursday, nor was his chief of staff, Jon Memmott. Fran-cin- e Giani, the governors press secretary, said there would be no comment from the governor on the status of any bills that passed the Legisla- - ture until he has had a chance to review them. But Deputy Lt. Gov. Dave Hansen said shortly after the session ended that there were concerns in the governors office about the bill and it may have trouble passing the gover- nors desk. Gov. Matheson in 1983 challenged the Legislatures right to put conditions on the appropriations administrative agencies receive. He sought Controversial Measure Martin Luther King Jr. Day Updates Utahs Holiday List One of the more controversial measures this legislative session was the bill creating a state holiday honoring Dr. Martin Luther King Jr., but despite some stern opposition, the bill passed after a series of compromises. The legislation creates an official Martin Luther King Jr. holiday the third Monday in January and does away with what has been known as Abraham Lincoln Day, which has been celebrated Feb. 12. The legislation combines Lincoln Day with George Washingtons birthday, celebrated on the third Monday in February, and changes the name to Presidents Day. It does however acknowledge Washington and Lincoln. King Day, according to a compromise worked out to assure passage, will also be known as Human Rights Day, to acknowledge the plight of all oppressed individuals. The bill, which makes Utah one of the last states to officially acknowledge a special day for the slain civil rights leader, survived a number of attempted changes and potential substitute bills that would have done everything from replacing Columbus Day or state employees personal preference day to leaving Dr. Kings name out altogether and calling the new holiday Utah Peoples Day. Utahs holiday schedule is now more consistent with the federal governments, which already celebrates a Martin Luther King Day and combines Washingtons and Lincolns birthdays into one holiday. Concealed - Weapons Bill Has Some Police on Edge By Mike Carter Tribune Staff Writer The passage by the Utah Senate of a compromise bill loosening laws regulating permits for concealed weapons Thursday received a shaky endorsement from law enforcement officials. One thing is certain when talking to police officials dealing with House if most police chiefs and Bill 172 sheriffs had their way, private citizens would not be allowed to carry concealed handguns at all. All things considered, I think we all wish the thing would have gone down in defeat, said Wasatch County Sheriff Mike Spanos, the vice president of the Utah Sheriffs Association. But the bill, as it was passed, is as good a compromise as we were going to get. A concerted lobbying effort by shooting sports enthusiasts left law enforcement groups with little choice either work out a compromise bill or face the possibility of the passage of a law that would allow private citizens almost carte blanche ability to obtain a concealed weapon permit. And, for the most part, law enforcement groups are pleased with the results. The Senate passed 17-- 7 a bill that included what police officials call critical language that essentially requires a citizen to have a to or show cause" valid reason a before a concealed weapon carry permit will be issued. In the bill as it came out of the House, that language was not included and officials said it would be almost impossible to prevent the state from issuing a concealed weapon permit to anybody who applied, providing they were not a convicted felon, At that point, law enforcement was as a whole adamantly opposed to the law, and police officials voiced fears that, if passed, the law would result In f citizen shootouts at the gas pumps and mayhem in the streets. That language was necessary, the officials said, or they would oppose the legislation. Allen Carver, a lobbyist for the NRA and a representative of the Utah Shooting Sports Council, said a compromise was reached where the "cause language was included in exchange for the inclusion of language setting up a review committee where a citizen whose application for a permit is rejected can go to appeal the decision. The bill for the first time designates a single authority over the issuance of the permits the Department of Public Safety or its and also includes designated agent language that guarantees a citizen will receive a permit within 60 days if he meets the criteria contained in the bill. Again, Mr. Carver noted, the citizen must show "cause" or a reason to It was carry a concealed weapon the only point we had to concede, he said. But he feels it important to point out that there is no statutory definition of that term. Nobody knows what cause is, and now we have a board of review where a citizen can go to seek a definition of that terminology, Mr. Carver said. . . . Were better off than we were before the legislation, he added. Interestingly, it is the lack of legal definition for that term which also upsets Salt Lake County Sheriff Pete Hayward, who adamantly opposes the legislation in any form. "My concerns, and Ive voiced them many times, is that nobody has shown me why the citizens of this county need to carry weapons to protect themselves, the sheriff said. He noted that only three gun permits have been issued in Salt Lake County in the past two years and then only for brief periods of time. But in issuing those permits, the sheriff concedes that there are incidents that justify a citizen carrying a concealed weapon. "Im just afraid that more inci- - dences will be provoked by citizens with guns than will be prevented, Sheriff Hayward said. One accidental shooting death resulting from the bill is too many, he said. While police officials and the NRA take a more philosophical approach to the passage of the bill, it most likely will be the street cop that will have to deal with armed citizens on the streets. And street cops are divided in their opinions. One officer opposed to the law is the man in Salt Lake City who most likely would be the person to pick up the pieces following the use by a citizen of his concealed weapon city police homicide Sgt. Steve "Duffy Diamond. All I know is that with enacting the law we wont have fewer shooting incidents, thats what Id anticipate, the sergeant said. I dont know why people want to carry guns. Maybe its the paranoia that makes everybody think that they are the next victim. If you carry a gun, all you are asking for is trouble. 7 New Judges Will Reduce Backlog Appellate Court to Hear Cases by 87 The seven new judges to sit as the first Utah Court of Appeals are supposed to be appointed by the governor and start serving by Jan. 1, 1987. The new intermediate appeals courts is the major government facelift enacted by the past Legislature. The new court is expected to drain off some of the appellate workload from the Utah Supreme Court, permitting a reduction in the backlog of cases awaiting high court decision. Court of Appeals judges will normally serve a term of 10 years before facing a retention election as do other members of the judiciary. But the first appointees will be expected to face a retention election three years 1990 to secure after designation a full term. Their pay is set initially at $55,100 annually, based on a formula of 95 percent of the Supreme Court justices salary. The location of the new court and its staff is yet to be determined. Ron Gibson, deputy state court administrator, said one option may be a v an attorney generals opinion, which backed his position and told him to ignore the specific intent language he resented in the Appropriations Act. So I ignored it and the Legislature, '7 backed off, he said. location in the Capitol area formerly occupied by the State Law Library, and sharing the Supreme Court's next-doo- r court room. If there isnt room there, other space may be sought elsewhere in the Capitol or next door in the State Office Building, he suggested. The new law provides for the appeals court to sit in panels of three judges to hear cases, plus travel around the state on a regular basis to hear cases in the locales where they arise. Officer Eldon Tanner, the president of the Salt Lake Police Association, said he feels the Legislature opened a can of worms they are going to be sorry about. Just wait, he said, for the first time a citizen is stopped by police on the street and asked to show identification and finds himself staring down a service revolver barrel or shot by the cop who only saw the flash of a handgun. Mr. Carver maintains that "horror stories like these dont happen. City police Sgt. Dennis Tueller, who at one point was assigned to firearms training in the department, is all for the legislation and in fact supported the law before the restricting amendments were made. He said he feels most street cops agree with his point of view. Like Mr. Carver, he cited statistics that show the nine states that have e liberal carry laws" show violent crime rates. He believes that it's because the crooks are afraid of picking on potentially armed victims. In those states, there are more than one million private citizens with permits to carry concealed weapons. I urge you to go ask any street cop about whether they've ever investigated a crime where they wish the victim had been armed. You know what the answer will be," he said. A big concern of law enforcement officers is that people who obtain concealed weapons permits are not going to be properly trained in either firearms or laws governing the use of deadly force. Officers, they say, must continually qualify with their weapons in order to prevent their agency from being held liable in the event of gun-packi- below-av-erag- a shooting. Mr. Carver points out that the law contains a provision stating an applicant must show "evidence of weapon familiarity." Lawmakers Call iv Session a : Big Success - Utah legislative leaders said'" Thursday they had a productive and ' successful session" and they defended their 1987 budget as putting money where the priorities were. House,.:, and Senate leaders said they worked. extremely hard to ensure no proper- -. tax increase but they warned ,.i they cannot promise that next year. Education, the toughest funding' 1 puzzle to solve, fared satisfactorily, lawmakers said, despite warnings from those wanting more. Education got a higher share of the tax dollar, than ever before, going from 45 percent currently to 49 percent next year, they added. Legislators participating were Senate President Arnold Christensen; House Speaker Robert H. Garff; Senate Majority Leader Cary G. Peterson; Senate Appropriations Chairman Warren E. Pugh; House Majority Leader Glen E. Brown and Majority Assistant Whip Olene S. Walker. Sen. Pugh said while it is technical- ly correct that public education rer ceives a smaller percentage of reve-- . nues than in other states, in other ... ways the state ranks at the top. He J said the $78 million of general-fund- , money devoted to the schools, which are supported mainly out of the Uni-- . ifi. form School Fund, is the highest such, allocation ever. Utah has the highest average of., --., years of education completed by its, citizens (12.8 years) and is near the top in the rate of high school gradua-- , tions. The combined increase m'l granted to higher and public education, next year over this, is $53.7 million a figure they said is respectable given that they also adhered to the goal of no major tax increase. Social services, transportation and ", corrections also gained increases although the leaders conceded their- - v transportation-funallocations are . under criticism. Highway officials have called a $6 million-plu- s increase in projected J Transportation Fund revenues just " "wishful thinking" and a device to ." raid" the Transportation Fund to the., G benefit of the General Fund. d - Sen. Christensen said we felt we could justify raiding the Transporta- -' " tion Fund because of the higher d revenues. He said the revenue projection came from State Tax Commission figures. pro-jecte- |
