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TENTH DAY * * *
MORNING SESSION
The House was called to order by Speaker Brown at 10:00 a.m.
Roll call showed all members present except Representative Iverson, excused.
Pledge of Allegiance and prayer by Representative Oscarson.
COMMUNICATION FROM THE SENATE
Mr. Speaker: January 23, 1996
The Senate passed, as amended, S.B.1, SINGLE FAMILY RESIDENCE ZONING, by Senator L. Mansell, and it is transmitted for consideration.
Annette B. Moore Secretary of the Senate
Communications filed. S.B.1, read the first time by short title and referred to the Rules Committee.
REPORTS OF STANDING COMMITTEES
Mr. Speaker: January 23, 1996
The Education Committee reports a favorable recommendation on H.B.65, HIGHLY IMPACTED SCHOOLS, by Representative S. Jensen, with the following amendments:
Page 2, Line 19: Insert the following between lines 19 and 20: "(5)A highly impacted school may use part or all of its allocation to lengthen the school year in order to provide individual assistance to students."
Page 2, Line 20: Delete "(5)" and insert "(6)"; and
The Education Committee reports a favorable recommendation on H.B.73, APPROPRIATION FOR CLASSROOM SUPPLIES, by Representative R. Bigelow, with the following amendments:
Page 1, Line 12: After "year" delete "1995-96" and insert "1996-1997"
Page 1, Line 22: After "Blind" insert "and Applied Technology Centers"; and
The Education Committee reports a favorable recommendation on H.J.R.7, RESOLUTION ON DONATIONS TO THE STATE SCHOOL FUND, by Representative M. Brown, with the following amendments:
Page 1, Line 27: After "revenues" insert "and assets"; and
The Education Committee reports a favorable recommendation on H.B.72, ACCELERATED LEARNING PROGRAM, by Representative L. Frandsen, with the following amendments:
Page 1, Line 13: After "CRITERIA;" delete the rest of Line 13
Page 3, Line 4: After "(5)(a)" delete "There is appropriated for fiscal year 1996-97 $8,000,000" and insert "The Legislature shall provide an appropriation"; and
The Education Committee recommends H.B.56, MODIFIED CENTENNIAL SCHOOLS PROGRAM, by Representative B. Allen, et al, be replaced and favorably recommends Sub. H.B.56, MODIFIED CENTENNIAL SCHOOLS PROGRAM.
Beverly Ann Evans, Chair
Reports filed. On motion of Representative B. Evans, the reports of the Education committee were adopted.
H.B.65, as amended, H.B.73, as amended, H.J.R.7, as amended, H.B.72, as amended, and Sub. H.B.56, read the second time by short title and placed on the calendar for third reading.
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Mr. Speaker: January 23, 1996
The Judiciary Committee reports a favorable recommendation on H.B.47, DISCRETION IN PRESENTATION OF ACCUSATION, by Representative R. Ellertson, with the following amendments:
Page 1, Line 24: After "accusation." insert "(b) In the event that the accusation is against the county or district attorney, the court shall furnish a copy of the accusation to the Attorney General's Office, who shall investigate and may prosecute the accusation."
Page 1, Line 25: Delete "(b)" and insert "(c)" and after "county attorney" delete "or" and insert a comma and after "district attorney" insert ", or attorney general"; and
The Judiciary Committee reports a favorable recommendation on H.B.179, PERJURY REFORM, by Representative G. Curtis, with the following amendments:
Page 3, Line 5: After "or" delete "76-8-503(2)" and insert "76-8-503(1)"; and
The Judiciary Committee reports a favorable recommendation on H.B.164, HOMICIDE JURISDICTION, by Representative G. Curtis, with the following amendments:
Page 2, Line 13: After line 13, insert "(5) The judge shall determine jurisdiction."; and
The Judiciary Committee reports a favorable recommendation on H.B.45, ASSAULT AMENDMENTS, by Representative P. Knudson, with the following amendments:
Page 1, Line 17: Delete "acting" and insert "performing emergency or life saving duties".
Page 1, Lines 17-18: Delete "as a health care provider, basic life support personnel, or fire officer"; and
The Judiciary Committee reports a favorable recommendation on H.B.128, SEXUAL OFFENSE INVOLVING A CHILD, by Representative M. Dillree, with the following amendments:
Page 1, Line 16: After "knowingly" insert "does any of the following to, on, or in the presence of a child who is under 14 years of age"
Page 1, Line 21: After "(e)" at the beginning of line 21, insert "under circumstances not amounting to sexual exploitation of a child under Section 76-5a-3,"
Page 1, Line 22: After "actor" delete "or any other person"
Page 1, Line 23: At the beginning of line 23 delete "any person" and insert "the actor or the child" before ";or"
Page 1, Line 25: Bracket all existing language, and delete all new language on line 25
Page 1, Line 26: Bracket "years of age"; and
The Judiciary Committee reports a favorable recommendation on S.B.44, JUVENILE COURT RECODIFICATION, by Senator L. Hillyard, et al.
Byron L. Harward, Chair
Reports filed. On motion of Representative Harward, the reports of the Judiciary committee were adopted.
H.B.47, as amended, H.B.179, as amended, H.B.164, as amended, H.B.45, as amended, H.B.128, as amended, and S.B.44, read the second time by short title and placed on the calendar for third reading.
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Mr. Speaker: January 24, 1996
The Energy, Natural Resources, and Agriculture Committee reports a favorable recommendation on H.B.60, DAM SAFETY AMENDMENTS, by Representative B. Johnson, with the following amendments:
Page 1, Line 7: After "GRANTS" insert "AND LOANS"
Page 1, Line 8: After "GRANTS" insert "AND LOANS"
Page 5, Lines 8-9: Delete lines 8-9 and insert the following:
"(7) Loans to dam owners for dams safety studies and to upgrade dams in conformance with minimum standards shall be secured by taking water rights associated with the dam."
Page 5, Lines 18-20: Delete lines 18-20 and insert the following:
"(9)(a) The board may provide grants to mutual irrigation companies and water users associations to upgrade dams in conformance with minimum standards of the state engineer. Each grant authorized by the board for the upgrade of a dam of a mutual irrigation company or water users association in conformance with the minimum standards shall be sufficient to pay for 80% of the costs to upgrade the dam.
(b)(i) Pursuant to the guidelines specified in Subsection (b)(ii), the board may provide loans or grants, or both, to entities other than mutual irrigation companies and water users associations to upgrade dams in conformance with minimum standards of the state engineer. (ii) In determining the type of financial assistance to be provided to an entity other than a mutual irrigation company or water users association, the board shall consider the dam owner's ability to pay and may consider other factors including:
(i) the degree of hazard;
(ii) the threat to public safety;
(iii) the state engineer's priority list of dams;
(iv) the cost effectiveness of the restoration;
(v) the number of potential and actual applications for financial assistance: and
(f) the funds available."
Page 5, Line 22: After studies delete "or to upgrade dams in conformance with minimum standards"
Page 5, Line 23: After "for" reinsert "that purpose" and delete "those purposes"
Page 5, Line 28: After "grants" insert "and loans"; and
The Energy, Natural Resources, and Agriculture Committee reports a favorable recommendation on H.B.36, AGRICULTURE PROTECTION AREA AMENDMENTS, by Representative D. Ure, with the following amendments:
Page 2, Line 1: After "shall" delete "provided" and insert "provide"
Page 2, Line 2-3: Delete lines 2 and 3 and insert "notice on any plat filed with the county recorder the following notice:"
Page 2, Lines 8-9: After "future" delete "involve noise, dust, manure and other odors, the use of agricultural chemicals, and nighttime farm operations" and insert "be conducted on property included in the Agriculture Protection Area"; and
The Energy, Natural Resources, and Agriculture Committee reports a favorable recommendation on H.B.106, FUNDING COUGAR AND BEAR DEPREDATION LOSS, by Representative B. Evans, with the following amendments:
Page 1, Line 21: After "means" delete "calves" and insert "cattle" and after "[or]" delete "lambs,"; and
The Energy, Natural Resources, and Agriculture Committee reports a favorable recommendation on H.B.121, STATE PARK ACCESS ROADS, by Representative T. Hatch.
Bradley T. Johnson, Chair
Reports filed. On motion of Representative B. Johnson, the reports of the Energy, Natural Resources, and Agriculture committee were adopted.
H.B.60, as amended, H.B.36, as amended, H.B.106, as amended, and H.B.121, read the second time by short title and placed on the calendar for third reading.
INTRODUCTION OF BILLS
VOTER REGISTRATION INFORMATION IN HIGH SCHOOLS
H.B.229 R. Mont Evans
AN ACT RELATING TO VOTER REGISTRATION; PROVIDING VOTER REGISTRATION FORMS TO HIGH SCHOOL SENIORS; AND THE RETENTION OF VOTER REGISTRATION FORMS BY THE COUNTY CLERK, read the first time by short title and referred to the Rules Committee.
SEVERANCE TAX - INDIAN TRIBES
H.B.230 M. Keele Johnson
AN ACT RELATING TO COMMUNITY AND ECONOMIC DEVELOPMENT; CREATING THE NAVAJO REVITALIZATION FUND AND BOARD; PROVIDING DEFINITIONS; DETERMINING WHAT MONIES TO BE DEPOSITED IN THE FUND; PROVIDING PRIORITY USES OF FUND MONIES AND DISTRIBUTION; PROVIDING FOR REPORTS AND STATEMENTS; APPROPRIATING $400,000 FOR FISCAL YEAR 1996-97; MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE, read the first time by short title and referred to the Rules Committee.
COLLABORATIVE SERVICES FOR CHILDREN AND YOUTH AT RISK
H.B.231 Beverly Ann Evans
AN ACT RELATING TO STATE AFFAIRS IN GENERAL; AMENDING THE BUDGETARY PROCEDURES ACT; AMENDING THE NAME AND DUTIES OF THE STATE COUNCIL FOR AT RISK CHILDREN AND YOUTH; PROVIDING FOR THE ESTABLISHMENT OF COLLABORATIVE SERVICE DELIVERY SYSTEMS; AND PROVIDING FOR THE REVIEW OF CERTAIN STATE AGENCY BUDGETS, read the first time by short title and referred to the Rules Committee.
SALES TAX EXEMPTION ON CONSTRUCTION MATERIALS PURCHASED BY LOCAL GOVERNMENT UNITS
H.B.232 Eli H. Anderson
AN ACT RELATING TO REVENUE AND TAXATION; EXEMPTING FROM THE SALES AND USE TAX SALES CERTAIN CONSTRUCTION MATERIALS PURCHASED BY OR ON BEHALF OF COUNTIES, MUNICIPALITIES, AND SPECIAL DISTRICTS; MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE, read the first time by short title and referred to the Rules Committee.
PRIVATE PROBATION PROVIDERS LICENSING
H.B.233 Blake D. Chard
AN ACT RELATING TO OCCUPATIONS AND PROFESSIONS; EXPANDING THE SCOPE OF THE PRIVATE PROBATION PROVIDER LICENSING ACT TO INCLUDE PROVIDING SUPERVISION SERVICES IN LICENSURE DISCIPLINARY CASES; REMOVING THE REQUIREMENT LIMITING SERVICES TO MINOR AND MISDEMEANOR OFFENSES; ADDING TWO MEMBERS TO THE PRIVATE PROBATION PROVIDER LICENSING BOARD; AND MAKING TECHNICAL CORRECTIONS, read the first time by short title and referred to the Rules Committee.
CUSTOM FIT PROGRAM APPROPRIATION
H.B.234 Beverly Ann Evans
AN ACT RELATING TO EDUCATION; PROVIDING A $150,000 APPROPRIATION TO THE STATE BOARD OF EDUCATION FOR ITS CUSTOM FIT PROGRAM TO BE USED IN COUNTIES AFFECTED BY MINERAL LEASE EXTRACTION TO HELP MEET JOB TRAINING NEEDS; AND PROVIDING AN EFFECTIVE DATE, read the first time by short title and referred to the Rules Committee.
REDUCING CLASS SIZE IN PUBLIC SCHOOLS
H.B.235 Kevin S. Garn
AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING A $52,061,197 APPROPRIATION FOR CLASS SIZE REDUCTION IN GRADES KINDERGARTEN THROUGH SIX; REQUIRING THAT DISTRICTS USE 50% OF THEIR CLASS SIZE ALLOCATION TO REDUCE CLASS SIZE IN KINDERGARTEN THROUGH THE SECOND GRADE, WITH AN EMPHASIS ON IMPROVING READING SKILLS; PROVIDING FOR ACCOUNTABILITY; AND PROVIDING AN EFFECTIVE DATE, read the first time by short title and referred to the Rules Committee.
SCHOOL BREAKFAST PROGRAM
H.B.236 Sheryl L. Allen
AN ACT RELATING TO PUBLIC EDUCATION; REQUIRING LOCAL SCHOOL BOARDS TO REVIEW, AT LEAST ONCE EVERY TWO YEARS, THE REASONS AN ELEMENTARY SCHOOL DOES NOT PARTICIPATE IN THE SCHOOL BREAKFAST PROGRAM; AND PROVIDING FOR WAIVER OF REVIEWS, read the first time by short title and referred to the Rules Committee.
REDEVELOPMENT AGENCY CHANGES
H.B.237 Pete Suazo
AN ACT RELATING TO SPECIAL DISTRICTS; MODIFYING TIMETABLE FOR REDEVELOPMENT AGENCY'S FILING OF AUDIT REPORT; MODIFYING NOTICE REQUIREMENTS UPON REDEVELOPMENT AGENCY'S ACQUISITION OF PROPERTY BY EMINENT DOMAIN; MAKING CERTAIN INFORMATION SUBJECT TO THE GOVERNMENT RECORDS ACCESS AND MANAGEMENT ACT; AND MAKING TECHNICAL CHANGES, read the first time by short title and referred to the Rules Committee.
EMINENT DOMAIN -- SALE OF PROPERTY
H.B.238 Brent H. Goodfellow
AN ACT RELATING TO THE JUDICIAL CODE; AMENDING THE DEFINITION OF EMINENT DOMAIN FOR PURPOSES OF PROPERTY SALES BY THE SATE AND ITS SUBDIVISIONS, read the first time by short title and referred to the Rules Committee.
BENEFITS OF VOLUNTEER EMERGENCY PERSONNEL
H.B.239 Steve Barth
AN ACT RELATING TO PENSIONS; PROVIDING DEATH, DISABILITY, AND WORKERS' COMPENSATION BENEFITS FOR EMERGENCY RESPONSE AND SEARCH AND RESCUE VOLUNTEERS; AND PROVIDING AN EFFECTIVE DATE, read the first time by short title and referred to the Rules Committee.
HIGHER EDUCATION TUITION SURCHARGE
H.B.240 Lowell A. Nelson
AN ACT RELATING TO HIGHER EDUCATION; REQUIRING THE STATE BOARD OF REGENTS TO ESTABLISH A TUITION SURCHARGE PROGRAM TO INCREASE TUITION RATES FOR STUDENTS WHO HAVE ACCUMULATED EXCESS CREDIT HOURS AND NOT GRADUATED; AND PROVIDING AN EFFECTIVE DATE, read the first time by short title and referred to the Rules Committee.
TRANSIENT ROOM TAX AMENDMENTS
H.B.241 Thomas Hatch
AN ACT RELATING TO COUNTIES; EXPANDING THE PURPOSES AND USES OF THE TRANSIENT ROOM TAX; MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE, read the first time by short title and referred to the Rules Committee.
CONSENT CALENDAR
The following bills were passed from the Consent Calendar on Friday but had not been on the calendar for the three legislative days required by rule.
H.B.42, MONEY LAUNDERING AMENDMENT, read the third time by short title and placed on its final passage.
H.B.42 then passed on the following roll call:
Yeas, 71; Nays, 0; Absent or not voting, 4.
Voting in the affirmative were: Representatives Adair Alexander B. Allen S. Allen Anderson Arrington Atkinson Baca Barth Bigelow Bodily Bowman Bradford Bradshaw Bresnahan Buffmire Bush Carlson Carnahan Chard Curtis Davis Dillree B. Evans R. Evans Fox Frandsen Garn Goodfellow Gowans Gubler Harward Hatch Haymond Hendrickson Hickman Holladay Hunsaker Hunter Jensen B. Johnson K. Johnson Jones Killpack Knudson Koehn Larson Lockman Moran Mortimer Murray Nelson Nielsen Olsen Oscarson Peterson Pignanelli Protzman Seitz Short M. Stephens N. Stephens Styler Suazo Tanner Tuttle Tyler Valentine Waddoups Wright Brown
Absent or not voting were: Representatives Ellertson Iverson Matthews Ure
H.B.42 transmitted to the Senate for its consideration.
* * *
H.B.38, FEES FOR WRIT OF GARNISHMENT, read the third time by short title and placed on its final passage.
H.B.38 then passed on the following roll call:
Yeas, 70; Nays, 0; Absent or not voting, 5.
Voting in the affirmative were: Representatives Adair Alexander B. Allen S. Allen Anderson Arrington Atkinson Baca Barth Bigelow Bodily Bowman Bradford Bradshaw Bresnahan Buffmire Bush Carlson Carnahan Chard Curtis Davis Dillree Ellertson B. Evans R. Evans Fox Frandsen Garn Goodfellow Gowans Gubler Harward Hatch Haymond Hendrickson Holladay Hunsaker Hunter Jensen B. Johnson K. Johnson Jones Killpack Knudson Koehn Larson Lockman Moran Mortimer Murray Nelson Nielsen Olsen Oscarson Peterson Pignanelli Seitz Short M. Stephens N. Stephens Styler Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Brown
Absent or not voting were: Representatives Hickman Iverson Matthews Protzman Wright
H.B.38 transmitted to the Senate for its consideration.
THIRD READING CALENDAR
S.B.73, REVISOR'S STATUTE, read the third time by short title and placed on its final passage.
On motion of Representative Valentine, the House voted to circle S.B.73.
MISCELLANEOUS BUSINESS
On motion of Representative Fox, under suspension of the rules, the House voted to move to the House Third Reading Calendar.
UNFINISHED BUSINESS
On motion of Representative Koehn, the House voted to uncircle H.B.41.
H.B.41, VEHICLES - LOCAL ORDINANCES, was before the House on its final passage.
On motion of Representative Valentine, the bill was amended as follows:
AMENDMENT No. 1
Page 1, Line 24: After "41-22-5.5" insert ", when used in accordance with said Section"
On motion of Representative Koehn, the House voted to circle H.B.41.
* * *
On motion of Representative Waddoups, the House voted to uncircle H.B.29.
H.B.29, ADJUSTMENT OF FREEWAY SPEED, was before the House on its final passage.
Representative Fox declared a conflict of interest.
H.B.29, as amended, then passed on the following roll call:
Yeas, 66; Nays, 7; Absent or not voting, 2.
Voting in the affirmative were: Representatives Adair Alexander B. Allen Anderson Arrington Atkinson Baca Barth Bigelow Bodily Bowman Bradford Buffmire Bush Carlson Chard Curtis Davis Dillree Ellertson B. Evans R. Evans Fox Garn Goodfellow Gowans Gubler Harward Haymond Hendrickson Hickman Holladay Hunsaker Hunter Jensen B. Johnson K. Johnson Jones Killpack Knudson Koehn Larson Lockman Matthews Moran Mortimer Murray Nelson Nielsen Olsen Oscarson Peterson Pignanelli Protzman Short M. Stephens Styler Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Wright Brown
Voting in the negative were: Representatives S. Allen Bradshaw Bresnahan Frandsen Hatch Seitz N. Stephens
Absent or not voting were: Representatives Carnahan Iverson
H.B.29, as amended, transmitted to the Senate for its consideration.
THIRD READING CALENDAR
H.B.53, TRANSPORTATION CORRIDOR PRESERVATION, read the third time by short title and placed on its final passage.
On motion of Representative Olsen, the bill was amended as follows:
AMENDMENT No. 1
Page 2, Line 3: Delete "funds"
AMENDMENT No. 2
Page 2, Line 13: After "state" insert "in a manner which minimizes impact on prime agricultural land"
On motion of Representative Stephens, the House voted to circle H.B.53.
RULES COMMITTEE REPORT
Mr. Speaker: January 24, 1996
The Rules Committee has ordered the following bills and resolutions printed and recommends they be assigned to standing committees:
EDUCATION
S.B.31 Education Strategic Planning Amendments
S.B.33 School Discipline Amendments
HEALTH AND ENVIRONMENT
H.B.166 Dental Practice Revisions
H.B.173 Hazardous Waste Cleanup Through Increment Financing
H.B.177 Waste Tires Amendments
HUMAN SERVICES
H.B.217 Custody of Indian War Records
S.B.59 Protection Of Elected Officials
JUDICIARY
H.B.175 Judicial Conduct Commission - Amendments
H.J.R.11 Resolution Urging That American Soldiers Not Be Made Subject to United Nations Command
REVENUE AND TAXATION
H.B.189 Private Activity Bonding
H.B.203 Sales Tax - Use of Fuels And Technical Corrections
H.J.R.5 Resolution Allowing Property Tax Exemption For Elderly
STATE AND LOCAL AFFAIRS
H.B.172 County Officer Amendments
H.B.178 Powers of Mayors
H.B.185 Cemetery Maintenance District Amendments
H.B.193 Redevelopment Agency Audit
H.B.198 Bond Status in Municipal Annexations
H.B.199 Planning Commission Amendments
TRANSPORTATION AND PUBLIC SAFETY
S.B.4 DUI Amendments
S.B.17 Impounding Unregistered Vehicles
S.B.21 Speed Limit Law Changes
John L. Valentine, Chair
Report filed. On motion of Representative Valentine, the report of the Rules Committee was adopted.
HISTORICAL SPOTLIGHTS
Representatives Hunsaker, Goodfellow, and Ure shared information highlighting people or landmarks of interest in their respective districts.
MISCELLANEOUS BUSINESS
On motion of Representative Fox, the House voted to adjourn until January 25, at 10:00 a.m.
