'Boxcar' bills have committee wary

The Committee of Consumer Services is keeping an eye out for some "boxcar" bills that may lead the state down the same track as controversial and now-repealed HB320.

HB320, passed on the final day of the 2000 session, was assailed by critics as an anti-consumer measure, but it was repealed last month. A replacement bill, called "Son of HB320" by critics, died in the draft stage.

Four other bills have been published since, each calling for public-utility amendments. But they are "boxcar" bills, with so far no body text to explain their purpose.

"There are several bills that could be sons, grandsons, nieces, nephews — whatever — of HB320," Roger Ball, the committee's administrative secretary, told the committee Wednesday.

Still, Ball and committee Chairman Dee Jay Hammon said they do not expect any real legislation to be introduced on the matter this year.

"I would be really surprised," Ball said. "The atmosphere would be really adverse to it, but I'm sleeping with one eye open."

He noted that some of the "boxcar" bills are "anti-missile missiles," to be used to thwart other similar legislation.

When HB320 was being repealed, some legislators said they were discouraged that the good components of the bill could not be saved. Several have mentioned the need for new legislation regarding "test years." Currently, utilities must use historical data for a year rather than projected data for an upcoming period when making their case for rate adjustments before the Public Service Commission.

HB320 had become law without Gov. Mike Leavitt's signature, but Leavitt wanted legislators to "fix" aspects of the bill. However, lawmakers failed to reach agreement, and HB320's sponsor, House Majority Whip David Ure, R-Kamas, called for its repeal. Leavitt signed the repealer bill last week.

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