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Demos attach minority dissent to credit union issue
This is an archived article that was published on sltrib.com in 2005, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Outnumbered Democrats may have found a way to have a louder voice in the Legislature: Attach a minority report to a bill as it comes out of committee.

That's what Reps. Jackie Biskupski, Neil Hansen and Carl Duckworth did Wednesday when they declared that the Financial Institutions Task Force failed to meet its deadline to report on credit union-bank equity issues during hearings last year.

After some confusion about what to do with the minority dissent, members in the Republican-controlled House voted 58-14 to attach it to the committee report.

It was a move that Hansen later said was allowed under parliamentary rules, though he acknowledged legislative researchers couldn't find an instance when the ploy had ever been used.

Filing a minority report - which must happen within 24 hours of a committee vote - "gives the public a way to see Democrats, or any minority, do have a position," Hansen said. "This resolution is going to Congress saying, the Utah Legislature wants you to do something. But we're not unanimous."

The three lawmakers cast the dissenting votes in the committee's 10-3 vote Tuesday to advance bank-supported House Joint Resolution 1. The non-binding measure urges Congress to examine the tax status of federally chartered credit unions, including some of Utah's largest such institutions.

Read during the House floor session Wednesday, the minority report said the task force hadn't fulfilled its statutory requirement to study 14 questions related to credit unions, banks, other financial institutions and the Department of Financial Institutions.

"No analysis or discussion took place on the task force's charge," the report stated. "Input from the National Credit Union Administration, even testimony from the agency, could have been sought by the task force but wasn't."

Some House members objected to the tactic. Majority Leader Jeff Alexander, the bill's sponsor, said: "If we're going to start reading minority reports, then let's start writing majority reports and reading them."

Rep. LaVar Christensen, R-Sandy, said the rules allowed only for a report to be written, but not read or voted on. House Speaker Greg Curtis argued that a committee's majority report doesn't make policy argument, but the minority report as written did just that. "That sets a dangerous precedent," he said.

Curtis pushed for quick passage of the resolution, which resumes enduring acrimony between banks and credit unions over the latter's tax-free status. In 2003, the Legislature passed a bill also sponsored by Alexander that imposed bank-like taxes on large credit unions and created the task force the minority members complained about.

Before the task force met, credit unions began to abandon their state charters in favor of federal charters. By late last year, 21 of Utah's 89 credit unions converted their charters, costing the state millions in tax revenue. The House has yet to vote on the resolution.

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