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1996 House Journal Day 4

HOUSE JOURNAL

FOURTH DAY * * *

MORNING SESSION

The House was called to order by Speaker Brown at 10:00 a.m.

Roll call showed all members present except Representatives Bowman, Moran, Tuttle, and Alexander, excused.

Pledge of Allegiance and prayer by Representative Gowans.

REPORTS OF STANDING COMMITTEES

Mr. Speaker: January 17, 1996

The Education Committee reports a favorable recommendation on H.B.20, PERIOD OF SILENCE IN PUBLIC SCHOOLS, by Representative N. Stephens, with the following amendments:

Page 1, Line 13: After "A" delete "local school board, school community council, or"; and

The Education Committee reports a favorable recommendation on H.B.14, POSTING AMERICAN HERITAGE INFORMATION IN PUBLIC SCHOOLS, by Representative N. Nielsen, with the following amendments:

Page 2, Line 17: After "religious" insert "and/or cultural"

Beverly Ann Evans, Chair

Reports filed. On motion of Representative Fox, the reports of the Education committee were adopted.

H.B.20 and H.B.14, read the second time by short title and placed on the calendar for third reading.

* * *

Mr. Speaker: January 17, 1996

The Energy, Natural Resources, and Agriculture Committee reports a favorable recommendation on H.B.40, TRAINING OF PALEONTOLOGICAL VOLUNTEERS, by Representative T. Matthews, with the following amendment:

Page 1, Line 26: After "interested" delete ", nonprofit"; and

The Energy, Natural Resources, and Agriculture Committee reports a favorable recommendation on H.B.52, UTAH GEOLOGICAL SURVEY SAMPLE LIBRARY TRUST FUND, by Representative M. K. Johnson, with the following amendments:

Page 1, Lines 25 - 26: After "support" delete "the operation and maintenance of"; and

The Energy, Natural Resources, and Agriculture Committee reports a favorable recommendation on H.B.74, FISHING AMENDMENTS FOR DISABLED VETERANS, by Representative M. Styler, with the following amendments:

Page 1, Line 7: After "HOSPITALS" insert "OR VETERANS NURSING HOMES"

Page 1, Line 16: After "hospital" insert "or veterans nursing home"

Page 1, Line 18: After "hospital" insert "or veterans nursing home"; and

The Energy, Natural Resources, and Agriculture Committee reports a favorable recommendation on H.B.51, APPROPRIATION FOR R. S. 2477 DEFENSE, by Representative T. Hatch.

Bradley T. Johnson, Chair

Reports filed. On motion of Representative Johnson, the reports of the Energy, Natural Resources, and Agriculture committee were adopted.

H.B.40, as amended, H.B.52, as amended, H.B.74, as amended, and H.B.51, read the second time by short title and placed on the calendar for third reading.

* * *

Mr. Speaker: January 17, 1996

The Judiciary Committee reports a favorable recommendation on H.B.68, SEX OFFENDER TREATMENT, by Representative S. Jensen, with the following amendments:

Page 3, Line 4: After "show the" insert "criteria for determining sex offender treatability, the"

Page 3, Line 5: After "sex offender treatment" insert a comma.

Page 3, Line 6: After "report" insert "these data"

Page 3, Line 7: Delete "in December 1998" and insert "annually"; and

The Judiciary Committee reports a favorable recommendation on H.B.66, CIVIL NUISANCE AMENDMENTS, by Representative F. Pignanelli, et al.

Byron L. Harward, Chair

Reports filed. On motion of Representative Harward, the reports of the Judiciary committee were adopted.

H.B.68, as amended, H.B.66, read the second time by short title and placed on the calendar for third reading.

* * *

Mr. Speaker: January 17, 1996

The Human Services Committee reports a favorable recommendation on H.B.35, SENIOR CITIZEN CENTER FUNDING, by Representative P. Larson, with the following amendments:

Page 1, Line 20: After Line 20 insert: "(c) The local area agency may allocate grants received under this section to a local nonprofit or governmental agency that owns or operates a facility to provide community-based services for aged persons."

Page 1, Line 21: After "area agency on aging" insert "or the local nonprofit or governmental agency that owns or operates the facility and receives grant money from the area agency"

Page 2, Line 6: After "on aging" insert "and any local nonprofit or governmental agency that owns or operates a facility and receives grant money from the area agency"

Page 2, Line 7: After Line 7 insert: "(5) It is the intent of the Legislature that the grants made under this section serve the statewide purpose of providing support for senior citizens throughout the state, and that the grants shall be made to serve as effectively as possible the facilities in greatest need of assistance."; and

The Human Services Committee reports a favorable recommendation on H.B.110, TELEPHONE HARASSMENT AMENDMENTS, by Representative J. Haymond; and

The Human Services Committee reports a favorable recommendation on H.B.96, TELEPHONE AND FACSIMILE SOLICITATION ACT, by Representative F. Hunsaker.

Lloyd Frandsen, Chair

Reports filed. On motion of Representative Frandsen, the reports of the Human Services committee were adopted.

H.B.35, as amended, H.B.110, and H.B.96, read the second time by short title and placed on the calendar for third reading.

* * *

Mr. Speaker: January 18, 1996

The State and Local Affairs Committee reports a favorable recommendation on H.B.17, CAPITAL ACCESS AMENDMENT, by Representative D. Jones; and

The State and Local Affairs Committee reports a favorable recommendation on H.B.18, UTAH STATEHOOD CENTENNIAL TRUST, by Representative J. Tanner; and

The State and Local Affairs Committee reports a favorable recommendation on H.J.R.1, RESOLUTION REGARDING UNITED STATES MILITARY ACTIONS, by Representative D. Bush, et al, with the following amendments:

Page 1, Line 19: After "establishment of a" delete "`new world order' or"

Page 2, Line 3: After "establishment of" delete a "`new world order' or"; and

The State and Local Affairs Committee reports a favorable recommendation on H.B.49, PRIVATIZATION POLICY BOARD, by Representative N. Stephens, with the following amendments:

Page 3, Line 24: After "board" insert "if: (a) the contract is expending less than $2 million of the agency budget in a fiscal year; (b) as part of the contract that privatizes the function, the contractor assumes all liability to perform the privatized function; and (c) the agency notifies the board at least 120 days before the privatization occurs of their intent to privatize the function"; and

The State and Local Affairs Committee reports a favorable recommendation on H.B.24, EMERGENCY ABSENTEE BALLOTS, by Representative G. Davis, with the following amendments:

Page 3, Line 19: After "list to" delete "municipal"

Page 3, Line 20: After "election" delete "officials" and insert "officer's", and after "use in" delete "municipal"

Page 4, Line 20: After "from the" delete "county clerk" and insert "election officer"

Page 4, Line 21: After "at the" delete "county clerk's" and insert "election officer's"

Page 4, Line 22: After "(b)The" delete "county clerk" and insert "election officer"

Page 4, Line 28: After "to the" delete "county clerk's" and insert "election officer's"; and

Jordan Tanner, Chair

Reports filed. On motion of Representative Tanner, the reports of the State and Local Affairs committee were adopted.

H.B.17, H.B.18, H.J.R.1, as amended, H.B.49, as amended, and H.B.24, as amended, read the second time by short title and placed on the calendar for third reading.

INTRODUCTION OF BILLS

LOBBYIST DISCLOSURE

H.B.176 Kelly C. Atkinson

AN ACT RELATING TO LOBBYIST DISCLOSE; REQUIRING LEGISLATORS TO REPORT INFORMATION ANNUALLY ABOUT EXPENDITURES RECEIVED; ELIMINATING REQUIREMENTS THAT LOBBYISTS REPORT EXPENDITURES; AND ELIMINATING PROHIBITION INVOLVING GIFTS AND LOANS, read for the first time by short title and referred to the Rules Committee.

WASTE TIRES AMENDMENTS

H.B.177 Bill Wright

AN ACT RELATING TO HEALTH AND ENVIRONMENT; AMENDING THE WASTE TIRE PROVISIONS; PROVIDING FOR A DEFINITION OF "SHREDDED"; CLARIFYING MANAGEMENT AND REIMBURSEMENT FOR WASTE TIRES PLACED IN LANDFILLS; AMENDING WASTE TIRE FEE PROVISIONS; AND RENEWING THE SUNSET DATE, read for the first time by short title and referred to the Rules Committee.

POWERS OF MAYORS

H.B.178 Peter C. Knudson

AN ACT RELATING TO CITIES AND TOWNS; PROVIDING FOR MANAGERS TO BE APPOINTED BY MAYORS WITH THE ADVICE AND CONSENT OF THE MUNICIPAL LEGISLATIVE BODY; CLARIFYING THE EMPLOYMENT STATUS OF MANAGERS; AND MAKING TECHNICAL CORRECTIONS, read for the first time by short title and referred to the Rules Committee.

PERJURY REFORM

H.B.179 Greg J. Curtis

AN ACT RELATING TO THE CRIMINAL CODE; CONFIRMING THAT MATERIALITY IS A JURY QUESTION; PROVIDING THAT THE DEFENDANT WHO TESTIFIES IN HIS OWN PROSECUTION IS SUBJECT TO CONVICTION FOR FALSE STATEMENTS; AND MAKING TECHNICAL CHANGES, read for the first time by short title and referred to the Rules Committee.

DRIVING UNDER THE INFLUENCE -- OFF-HIGHWAY VEHICLES

H.B.180 Jack A. Seitz

AN ACT RELATING TO MOTOR VEHICLES; CLARIFYING THE PROHIBITION OF OPERATING AN OFF-HIGHWAY VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS; AND PROVIDING DEFINITIONS, read for the first time by short title and referred to the Rules Committee.

RAILROAD PROPERTY AMENDMENTS

H.B.181 Peter C. Knudson

AN ACT RELATING TO RAILROADS; CLARIFYING THE RIGHT OF GOVERNMENT OFFICIALS TO ENTER RAILROAD PROPERTY TO PERFORM THEIR DUTIES, read the first time by short title and referred to the Rules Committee.

FULLY INFORMED JURY

H.B.182 J. Reese Hunter

AN ACT RELATING TO THE UTAH CODE OF CRIMINAL PROCEDURE; ADDING, AS A RIGHT OF THE DEFENDANT IN A CRIMINAL TRIAL, A REQUIREMENT THAT JURIES BE INFORMED OF THEIR RIGHT AND RESPONSIBILITY TO JUDGE THE LAW AS WELL AS THE CONDUCT OF THE DEFENDANT, read the first time by short title and referred to the Rules Committee.

PERSONAL INFORMATION IN MOTOR VEHICLE RECORDS

H.B.183 Mary Carlson

AN ACT RELATING TO MOTOR VEHICLES; RESTRICTING THE DISCLOSURE OF PERSONAL INFORMATION CONTAINED IN MOTOR VEHICLE RECORDS IN ACCORDANCE WITH FEDERAL LAW, read the first time by short title and referred to the Rules Committee.

THIRD READING CALENDAR

H.B.79, STUDENT EDUCATION - OCCUPATION PLANS, read the third time by short title and placed on its final passage.

H.B.79 then passed on the following roll call:

Yeas, 60; Nays, 4; Absent or not voting, 11.

Voting in the affirmative were: Representatives Adair B. Allen S. Allen Arrington Atkinson Baca Barth Bigelow Bodily Bradshaw Bush Carlson Carnahan Chard Curtis Davis Dillree B. Evans R. Evans Fox Frandsen Garn Goodfellow Gowans Gubler Harward Hatch Haymond Hendrickson Hickman Holladay Hunsaker Iverson Jensen B. Johnson K. Johnson Jones Killpack Knudson Koehn Larson Matthews Murray Nelson Nielsen Olsen Oscarson Peterson Seitz M. Stephens N. Stephens Styler Suazo Tanner Tyler Ure Valentine Waddoups Wright Brown

Voting in the negative were: Representatives Bradford Bresnahan Hunter Lockman

Absent or not voting were: Representatives Alexander Anderson Bowman Buffmire Ellertson Moran Mortimer Pignanelli Protzman Short Tuttle

H.B.79 transmitted to the Senate for its consideration.

* * *

H.B.86, SUNSET REAUTHORIZATION, read the third time by short title and placed on its final passage.

On motion of Representative Valentine, the bill was amended as follows:

AMENDMENT No. 1

Page 1, Line 8: After "PROGRAM;" insert "PROVIDING A COORDINATION CLAUSE;"

AMENDMENT No.

Page 12, Line 19: After line 19 insert: "Section 13. Coordination Clause. If this bill and H.B.2, Uninsured Motorist Identification Program, both pass, it is the intent of the Legislature that: (1) Section 1 of this bill amending 41-1a-203 be deleted from this bill; (2) the amendments to Sections 63-55-231 and 63-55-241 in H.B.2 supersede the amendments to that section in this bill; (3) Section 12 of this bill be amended to not repeal Sections 31A-22-315, 41-1a-120, 41-1a-1218, 41-12a-801, 41-12a-802, 41-12a-803, 31-12a-805, 41-12a-806; and (4) the amendments to Section 41-12a-804 in H.B.2 supersede the repeal of that section in this bill."

H.B.86, as amended, then passed on the following roll call:

Yeas, 52; Nays, 8; Absent or not voting, 15.

Voting in the affirmative were: Representatives Adair B. Allen S. Allen Arrington Atkinson Baca Barth Bigelow Bodily Bradshaw Carlson Carnahan Chard Curtis Davis Dillree R. Evans Fox Frandsen Goodfellow Gubler Harward Hatch Haymond Hendrickson Hickman Holladay Hunsaker Iverson Jensen B. Johnson Killpack Knudson Koehn Larson Lockman Matthews Murray Nelson Nielsen Oscarson Peterson Seitz Short Styler Suazo Tanner Tyler Ure Valentine Wright Brown

Voting in the negative were: Representatives Bradford Bresnahan Bush Garn Hunter Olsen M. Stephens N. Stephens

Absent or not voting were: Representatives Alexander Anderson Bowman Buffmire Ellertson B. Evans Gowans K. Johnson Jones Moran Mortimer Pignanelli Protzman Tuttle Waddoups

H.B.86, as amended, transmitted to the Senate for its consideration.

* * *

H.B.20, PERIOD OF SILENCE IN PUBLIC SCHOOLS, read the third time by short title and placed on its final passage.

H.B.20, as amended, then passed on the following roll call:

Yeas, 60; Nays, 3; Absent or not voting, 12.

Voting in the affirmative were: Representatives Adair B. Allen S. Allen Arrington Atkinson Bigelow Bodily Bradford Bradshaw Bresnahan Bush Carnahan Chard Curtis Davis Dillree Ellertson B. Evans R. Evans Fox Frandsen Garn Goodfellow Gubler Harward Hatch Haymond Hendrickson Hickman Holladay Hunsaker Hunter Iverson Jensen B. Johnson K. Johnson Jones Killpack Knudson Koehn Larson Matthews Mortimer Murray Nelson Nielsen Olsen Oscarson Peterson Seitz Short M. Stephens N. Stephens Suazo Tanner Ure Valentine Waddoups Wright Brown

Voting in the negative were: Representatives Baca Carlson Lockman

Absent or not voting were: Representatives Alexander Anderson Barth Bowman Buffmire Gowans Moran Pignanelli Protzman Styler Tuttle Tyler

H.B.20, as amended, transmitted to the Senate for its consideration.

* * *

H.B.14, POSTING AMERICAN HERITAGE INFORMATION IN PUBLIC SCHOOLS, read the third time by short title and placed on its final passage.

H.B.14, as amended, then passed on the following roll call:

Yeas, 66; Nays, 0; Absent or not voting, 9.

Voting in the affirmative were: Representatives Adair B. Allen S. Allen Arrington Atkinson Baca Barth Bigelow Bodily Bradford Bradshaw Bresnahan Bush Carlson Carnahan Chard Curtis Davis Dillree Ellertson B. Evans R. Evans Fox Frandsen Garn Goodfellow Gowans Gubler Harward Hatch Haymond Hendrickson Hickman Holladay Hunsaker Hunter Iverson Jensen B. Johnson K. Johnson Jones Killpack Knudson Koehn Larson Lockman Matthews Mortimer Murray Nelson Nielsen Olsen Oscarson Peterson Seitz Short M. Stephens N. Stephens Styler Suazo Tanner Ure Valentine Waddoups Wright Brown

Absent or not voting were: Representatives Alexander Anderson Bowman Buffmire Moran Pignanelli Protzman Tuttle Tyler

H.B.14, as amended, transmitted to the Senate for its consideration.

* * *

H.B.40, TRAINING OF PALEONTOLOGICAL VOLUNTEERS, read the third time by short title and placed on its final passage.

H.B.40, as amended, then passed on the following roll call:

Yeas, 58; Nays, 8; Absent or not voting, 9.

Voting in the affirmative were: Representatives Adair B. Allen S. Allen Arrington Atkinson Baca Barth Bigelow Bodily Bradford Bradshaw Bresnahan Buffmire Carlson Carnahan Chard Curtis Davis Ellertson B. Evans R. Evans Fox Frandsen Garn Goodfellow Gowans Gubler Hatch Haymond Hendrickson Hickman Holladay Hunsaker Hunter Iverson Jensen B. Johnson K. Johnson Jones Killpack Knudson Koehn Larson Matthews Murray Nielsen Olsen Oscarson Peterson Seitz M. Stephens Styler Suazo Tanner Ure Valentine Wright Brown

Voting in the negative were: Representatives Bush Dillree Lockman Mortimer Nelson Short N. Stephens Waddoups

Absent or not voting were: Representatives Alexander Anderson Bowman Harward Moran Pignanelli Protzman Tuttle Tyler

H.B.40, as amended, transmitted to the Senate for its consideration.

* * *

H.B.52, UTAH GEOLOGICAL SURVEY SAMPLE LIBRARY TRUST FUND, read the third time by short title and placed on its final passage.

H.B.52, as amended, then passed on the following roll call:

Yeas, 60; Nays, 4; Absent or not voting, 11.

Voting in the affirmative were: Representatives Adair B. Allen S. Allen Atkinson Baca Barth Bigelow Bodily Bradshaw Bresnahan Buffmire Carlson Carnahan Chard Curtis Davis Dillree Ellertson B. Evans R. Evans Fox Frandsen Garn Goodfellow Gowans Gubler Hatch Haymond Hendrickson Hickman Holladay Hunsaker Iverson Jensen B. Johnson K. Johnson Jones Killpack Knudson Larson Lockman Matthews Mortimer Murray Nelson Nielsen Olsen Oscarson Peterson Seitz M. Stephens N. Stephens Styler Suazo Tanner Ure Valentine Waddoups Wright Brown

Voting in the negative were: Representatives Bradford Bush Hunter Short

Absent or not voting were: Representatives Alexander Anderson Arrington Bowman Harward Koehn Moran Pignanelli Protzman Tuttle Tyler

H.B.52, as amended, transmitted to the Senate for its consideration.

* * *

H.B.74, FISHING AMENDMENTS FOR DISABLED VETERANS, read the third time by short title and placed on its final passage.

On motion of Representative Valentine, the bill was amended as follows:

AMENDMENT No. 1 Refer to Energy, Natural Resources, and Agriculture committee report dated January 17, 1996.

Page 1, Line 7: Delete "homes" and insert "home in Utah"

Page 1, Lines 16 and 17: After the word "home insert "in Utah"

On motion of Representative Atkinson, the House voted to circle H.B.74.

* * *

H.B.51, APPROPRIATION FOR R.S. 2477 DEFENSE, read the third time by short title and placed on its final passage.

H.B.51 then passed on the following roll call:

Yeas, 56; Nays, 12; Absent or not voting, 7.

Voting in the affirmative were: Representatives Adair B. Allen S. Allen Anderson Arrington Bigelow Bodily Bradford Bresnahan Bush Carnahan Chard Curtis Dillree Ellertson B. Evans R. Evans Fox Frandsen Garn Gowans Gubler Harward Hatch Haymond Hickman Holladay Hunsaker Hunter Iverson Jensen B. Johnson K. Johnson Killpack Knudson Koehn Lockman Matthews Mortimer Murray Nelson Nielsen Olsen Oscarson Peterson Seitz Short M. Stephens N. Stephens Styler Tanner Ure Valentine Waddoups Wright Brown

Voting in the negative were: Representatives Atkinson Baca Barth Buffmire Carlson Davis Goodfellow Hendrickson Jones Larson Pignanelli Suazo

Absent or not voting were: Representatives Alexander Bowman Bradshaw Moran Protzman Tuttle Tyler

H.B.51 transmitted to the Senate for its consideration.

UNFINISHED BUSINESS

On motion of Representative Styler, the House voted to uncircle H.B.74.

H.B.74, FISHING AMENDMENTS FOR DISABLED VETERANS, was before the House on its final passage.

H.B.74, as amended, then passed on the following roll call:

Yeas, 68; Nays, 0; Absent or not voting, 7.

Voting in the affirmative were: Representatives Adair B. Allen S. Allen Anderson Arrington Atkinson Baca Barth Bigelow Bodily Bradford Bresnahan Buffmire Bush Carlson Carnahan Chard Curtis Davis Dillree Ellertson B. Evans R. Evans Fox Frandsen Garn Goodfellow Gowans Gubler Harward Hatch Haymond Hendrickson Hickman Holladay Hunsaker Hunter Iverson Jensen B. Johnson K. Johnson Jones Killpack Knudson Koehn Larson Lockman Matthews Mortimer Murray Nelson Nielsen Olsen Oscarson Peterson Pignanelli Protzman Seitz Short M. Stephens Styler Suazo Tanner Tyler Valentine Waddoups Wright Brown

Absent or not voting were: Representatives Alexander Bowman Bradshaw Moran N. Stephens Tuttle Ure

H.B.74, as amended, transmitted to the Senate for its consideration.

THIRD READING CALENDAR

H.B.68, SEX OFFENDER TREATMENT, read the third time by short title and placed on its final passage.

On motion of Representative Stephens, the bill was amended as follows:

AMENDMENT No. 1

Page 3, Line 6: After "Committee" insert "and to the appropriate appropriation subcommittee"

On motion of Representative Jensen, the House voted to circle H.B.68.

HISTORICAL SPOTLIGHTS

Representatives Seitz, Hickman, and Harward shared information highlighting people or landmarks of interest in their respective districts.

MISCELLANEOUS BUSINESS

On motion of Representative Fox, the House voted to recess until 2:00 p.m.

AFTERNOON SESSION

The House was called to order by Speaker Brown at 2:00 p.m.

COMMUNICATIONS FROM THE SENATE

Mr. Speaker: January 18, 1996

The Senate passed S.B.44, JUVENILE COURT RECODIFICATION, by Senator L. Hillyard, et al, and it is transmitted for consideration; and

The Senate passed S.J.R.2, RESOLUTION REAPPOINTING LEGISLATIVE AUDITOR GENERAL, by Senator L. Beattie, and it is transmitted for consideration; and

The Senate passed S.B.3, STATE HIGHWAY SYSTEM AMENDMENTS, by Senator W. Black Jr, and it is transmitted for consideration.

Annette B. Moore Secretary of the Senate

Communications filed. S.B.44, S.J.R.2, and S.B.3, read the first time by short title and referred to the Rules Committee.

REPORTS OF STANDING COMMITTEES

Mr. Speaker: January 18, 1996

The Health and Environment Committee recommends H.B.94, ASSISTIVE TECHNOLOGY SERVICES, by Representative B. Evans, be replaced and reports a favorable recommendation on Sub. H.B.94, ASSISTIVE TECHNOLOGY SERVICES with the following amendments:

Page 1, Line 23: Delete "$294,000" and insert "$114,000 and from the Uniform School Fund for fiscal year 1996-97, $180,000"; and

The Health and Environment Committee reports a favorable recommendation on H.B.97, DRINKING WATER BOARD AMENDMENTS, by Representative S. Bodily; and

The Health and Environment Committee reports a favorable recommendation on H.B.85, CENTENNIAL CULTURAL FACILITY ACT, by Representative J. Haymond, with the following amendments:

Page 2, Line 9: Delete "five" and insert "three"

Page 3, Line 21: After "project," insert "proposed local match,"

Page 4, Line 20: After "matched" insert "by at least"

Page 4, Line 22: After "matched" insert "by at least"

Page 4, Line 23: After "matched" insert "by at least"; and

The Health and Environment Committee reports a favorable recommendation on H.B.59, RADIATION CONTROL-ADMINISTRATIVE PROCEDURE AMENDMENTS, by Representative R. Lee Ellertson, and recommends it be placed on the Consent Calendar.

J. Reese Hunter, Chair

Reports filed. On motion of Representative Hunter, the reports of the Health and Environment committee were adopted.

Sub. H.B.94, as amended, H.B.97, H.B.85, as amended, read the second time by short title and placed on the calendar for third reading.

H.B.59, read the second time by short title and placed on the Consent Calendar.

* * *

Mr. Speaker: January 18, 1996

The Education Committee reports a favorable recommendation on H.B.64, UTAH CENTENNIAL OPPORTUNITY PROGRAM FOR EDUCATION, by Representative M. Johnson, with the following amendments:

Page 2, Line 9: After "needy" insert "undergraduate"

Page 4, Lines 10-11: Delete lines 10 and 11 and insert the following: "Criteria for awards of program funds to institutions and students shall be based on assisting only the most financially needy eligible students."; and

The Education Committee reports a favorable recommendation on H.B.10, SCHOOL DISTRICT HEALTH EXAMINATIONS, by Representative N. Stephens; and

The Education Committee reports a favorable recommendation on H.C.R.1, RESOLUTION ON ENGLISH AS SECOND LANGUAGE, by Representative P. Suazo.

Beverly Ann Evans, Chair

Reports filed. On motion of Representative B. Evans, the reports of the Education committee were adopted.

H.B.64, as amended, H.B.10, and H.C.R.1, read the second time by short title and placed on the calendar for third reading.

INTRODUCTION OF BILLS

MURDER OF POLICE OFFICERS

H.B.184 Douglas S. Peterson

AN ACT RELATING TO THE CRIMINAL CODE; PROVIDING FOR RECKLESS CAUSATION OF DEATH OF A PEACE OFFICER TO CONSTITUTE MURDER, read the first time by short title and referred to the Rules Committee.

CEMETERY MAINTENANCE DISTRICT AMENDMENTS

H.B.185 Afton B. Bradshaw

AN ACT RELATING TO SPECIAL DISTRICTS; PROVIDING THAT ALL VACANCIES ON CEMETERY MAINTENANCE BOARD BE FILLED BY APPOINTMENT; REPEALING PROVISIONS RELATING TO DUTIES OF TREASURER AND DRAFTS AND WARRANTS PROCEDURE; AND MAKING TECHNICAL CORRECTIONS, read the first time by short title and referred to the Rules Committee.

APPROPRIATION FOR HIGHWAY OVERPASS

H.B.186 Gerry A. Adair

AN ACT RELATING TO APPROPRIATIONS; APPROPRIATING $14,000,000 FROM THE GENERAL FUND FOR FISCAL YEAR 1996-97 TO THE DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS TO 5600 SOUTH IN ROY; AND PROVIDING AN EFFECTIVE DATE, read the first time by short title and referred to the Rules Committee.

TOURISM, RECREATION, CULTURAL, AND CONVENTION TAX

H.B.187 Pete Suazo

AN ACT RELATING TO REVENUE AND TAXATION; MODIFYING PURPOSES OF TOURISM, RECREATION, CULTURAL, AND CONVENTION TAX TO INCLUDE FINANCING AFFORDABLE HOUSING; AND PROVIDING AN EFFECTIVE DATE, read the first time by short title and referred to the Rules Committee.

CAMPING AREA RESTRICTIONS

H.B.188 James R. Gowans

AN ACT RELATING TO CRIMINAL OFFENSES; PROHIBITING CAMPING NEAR A WATER SOURCE IF WILDLIFE OR DOMESTIC STOCK WILL BE DENIED ACCESS, read the first time by short title and referred to the Rules Committee.

PRIVATE ACTIVITY BONDING

H.B.189 David M. Jones

AN ACT RELATING TO COMMUNITY AND ECONOMIC DEVELOPMENT; MODIFYING ALLOCATION PROCESS OF BONDING VOLUME CAP; AND MAKING TECHNICAL CORRECTIONS, read the first time by short title and referred to the Rules Committee.

INCOME TAX -- REPEAL OF SPECIAL TAX REFUND

H.B.190 James R. Gowans

AN ACT RELATING TO REVENUE AND TAXATION; PROVIDING FOR THE REPEAL OF A SPECIAL TAX REFUND, read the first time by short title and referred to the Rules Committee.

NEGLIGENT STORAGE OF A FIREARM

H.B.192 David M. Jones

AN ACT RELATING TO THE JUDICIAL CODE; PROVIDING A CAUSE OF ACTION FOR A PERSON, HIS PARENT, LEGAL GUARDIAN, OR HEIRS FOR NEGLIGENT STORAGE OF A FIREARM; PROVIDING DEFINITIONS; REQUIRING A DEALER TO PROVIDE WRITTEN WARNING; PROVIDING A PENALTY; AND MAKING TECHNICAL CORRECTIONS, read the first time by short title and referred to the Rules Committee.

REDEVELOPMENT AGENCY AUDIT

H.B.193 Fred R. Hunsaker

AN ACT RELATING TO SPECIAL DISTRICTS; INCREASING TIME WITHIN WHICH REDEVELOPMENT AGENCY MUST FILE AUDIT REPORT, read the first time by short title and referred to the Rules Committee.

COLLEGE SAVINGS INCENTIVE PROGRAM

H.B.194 Douglas S. Peterson

AN ACT RELATING TO HIGHER EDUCATION; CREATING THE UTAH EDUCATIONAL SAVINGS PLAN TRUST WHICH ALLOWS INDIVIDUALS TO INVEST MONEY IN A PUBLIC TRUST FOR FUTURE APPLICATION TO THE PAYMENT OF HIGHER EDUCATION COSTS; PROVIDING FOR ADMINISTRATION; PROVIDING FOR PARTICIPATION AGREEMENTS; PROVIDING FOR PROGRAM, ENDOWMENT, AND ADMINISTRATIVE FUNDS WITHIN THE TRUST; PROVIDING FOR CANCELLATION OF PARTICIPATION AGREEMENTS; PROVIDING FOR OWNERSHIP OF PAYMENTS AND INVESTMENT INCOME; PROVIDING FOR A TAX EXEMPTION; PROVIDING FOR AN ANNUAL AUDITED FINANCIAL REPORT ON THE TRUST; AND PROVIDING AN EFFECTIVE DATE, read the first time by short title and referred to the Rules Committee.

SPEED LIMIT CHANGES

H.B.195 John W. Hickman

AN ACT RELATING TO MOTOR VEHICLES; AMENDING SPEED LIMIT PROVISIONS; AND MAKING TECHNICAL CHANGES, read the first time by short title and referred to the Rules Committee.

DEFINING UNLAWFUL ACTIVITIES

H.B.196 Steve Barth

AN ACT RELATING TO THE CRIMINAL CODE; ADDING WILDLIFE RESOURCES CODE VIOLATIONS, ENVIRONMENTAL QUALITY CODE VIOLATIONS, AND MEDICAID FRAUD TO THE DEFINITION OF UNLAWFUL ACTIVITY, read the first time by short title and referred to the Rules Committee.

RULES COMMITTEE REPORT

Mr. Speaker: January 18, 1996

The Rules Committee has ordered the following bills and resolutions printed and recommends they be assigned to standing committees:

BUSINESS, LABOR, AND ECONOMIC DEVELOPMENT

H.B.167 Podiatrists Licensing

EDUCATION

H.B.104 Local School Board Amendments

H.B.123 Higher Education Parking Enforcement

H.B.124 Teacher Certification Removal

HEALTH AND ENVIRONMENT

H.B.158 Vehicle Emission Control Appropriation

HUMAN SERVICES

H.B.148 Mental Health Treatment

H.B.162 Centennial Permanent Paper Bill

JUDICIARY

H.B.26 Stalkers - Mandatory Mental Health Therapy

H.B.153 Attendance At Executions

H.B.164 Homicide Jurisdiction

RETIREMENT

H.B.114 Early Retirement Penalty

REVENUE AND TAXATION

H.B.147 State Money Management Act

H.B.43 Cigarette Tax

John L. Valentine, Chair

Report filed. On motion of Representative Valentine, the report of the Rules Committee was adopted.

UNFINISHED BUSINESS

On motion of Representative Jensen, the House voted to uncircle H.B.68.

H.B.68, SEX OFFENDER TREATMENT, was before the House on its final passage.

On motion of Representative Harward, the House voted to circle H.B.68.

THIRD READING

H.B.66, CIVIL NUISANCE AMENDMENTS, read the third time by short title and placed on its final passage.

On motion of Representative Atkinson, the House voted to circle H.B.66.

* * *

H.B.35, SENIOR CITIZEN CENTER FUNDING, read the third time by short title and placed on its final passage.

On motion of Representative Wright, the bill was amended as follows:

AMENDMENT No. 1

Page 1, Line 21: Delete "25" and insert "50"

H.B.35, as amended, then passed on the following roll call:

Yeas, 64; Nays, 3; Absent or not voting, 8.

Voting in the affirmative were: Representatives Adair Alexander B. Allen S. Allen Anderson Arrington Atkinson Baca Barth Bigelow Bodily Bradshaw Buffmire Bush Carlson Carnahan Chard Curtis Davis Dillree Ellertson B. Evans R. Evans Fox Garn Goodfellow Gowans Gubler Harward Hatch Haymond Hendrickson Hickman Holladay Hunsaker Iverson Jensen B. Johnson K. Johnson Jones Killpack Knudson Koehn Larson Matthews Mortimer Murray Nelson Nielsen Olsen Oscarson Peterson Pignanelli Protzman Seitz N. Stephens Styler Suazo Tanner Tyler Ure Valentine Waddoups Wright

Voting in the negative were: Representatives Bradford Bresnahan Hunter

Absent or not voting were: Representatives Bowman Frandsen Lockman Moran Short M. Stephens Tuttle Brown

H.B.35, as amended, held for possible reconsideration.

MISCELLANEOUS BUSINESS

On motion of Representative Fox, the House voted to adjourn until January 19, at 10:00 a.m.

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