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EIGHTEENTH DAY * * *
MORNING SESSION
The House was called to order by Speaker Brown at 10:00 a.m.
Roll call showed all members present.
Pledge of Allegiance and prayer by Reverend Victor G. Bonnell, Pastor of Saint Rose Catholic Church, Layton, Utah.
COMMUNICATIONS FROM THE SENATE
Mr. Speaker: January 31, 1996
The Senate passed, as amended, S.B.28, WORK-BASED LEARNING PROGRAMS FOR INTERNS, by Senator L. Hillyard, et al, and it is transmitted for consideration; and
The Senate passed, as amended, S.B.34, SCHOOL LEEWAY MODIFICATIONS, by Senator C. Taylor, et al, and it is transmitted for consideration; and
The Senate passed, as amended, S.B.47, EMPLOYMENT SECURITY INFORMATION, by Senator H. Stephenson, et al, and it is transmitted for consideration; and
The Senate passed, as amended, Sub. S.B.62, CHIROPRACTIC PRACTICE AMENDMENTS, by Senator D. Steele, and it is transmitted for consideration; and
The Senate passed, as amended, S.B.69, FOREIGN DEPOSITORY INSTITUTIONS ACT, by Senator D. Watson, and it is transmitted for consideration.
Annette B. Moore Secretary of the Senate
Communications filed. S.B.28, as amended, S.B.34, as amended, S.B.47, as amended, Sub. S.B.62, as amended, and S.B.69, as amended, read the first time by short title and referred to the Rules Committee.
REPORTS OF STANDING COMMITTEES
Mr. Speaker: January 31, 1996
The Business, Labor, and Economic Development Committee recommends H.B.6, LIQUIDATION OR DEFUNCT BUSINESS SALES ACT, by Representative D. Jones, be replaced and reports a favorable recommendation on Sub. H.B.6, LIQUIDATION OR DEFUNCT BUSINESS SALES ACT with the following amendments:
Page 7, Line 29: After "or" delete "$1,00" and insert "$1,000"; and
The Business, Labor, and Economic Development Committee recommends H.B.57, MOBILE HOME TENANT AMENDMENTS, by Representative L. Frandsen, be replaced and favorably recommends Sub. H.B.57, MOBILE HOME TENANT AMENDMENTS; and
The Business, Labor, and Economic Development Committee reports a favorable recommendation on H.B.225, UNIFORM SECURITIES ACT AMENDMENTS, by Representative G. Curtis.
Fred R. Hunsaker, Chair
Reports filed. On motion of Representative Hunsaker, the reports of the Business, Labor, and Economic Development committee were adopted.
Sub. H.B.6, as amended, Sub. H.B.57, and H.B.225, read the second time by short title and placed on the calendar for third reading.
REVISED COMMITTEE REPORT
Mr. Speaker: January 31, 1996
The State and Local Affairs Committee reports a favorable recommendation on H.B.125, DAY CARE LICENSING AMENDMENTS, by Representative D. Jones, et al, with the following amendments:
Page 2, Line 1: After "care" reinstate "institutions"
Jordan Tanner, Chair
Report filed. On motion of Representative Tanner, the report of the State and Local Affairs committee was adopted.
H.B.125, as amended, read the second time by short title and placed on the calendar for third reading.
* * *
Mr. Speaker: January 31, 1996
The State and Local Affairs Committee recommends H.B.39, AMENDMENTS TO SPECIAL SERVICE DISTRICT ACT, by Representative T. Hatch, be replaced and reports a favorable recommendation on Sub. H.B.39, AMENDMENTS TO SPECIAL SERVICE DISTRICT ACT with the following amendments:
Page 1, Line 23: After "charges" delete "for fire protection"
Page 1, Line 24: At the beginning of the line delete "services"
Jordan Tanner, Chair
Report filed. On motion of Representative Tanner, the report of the State and Local Affairs committee was adopted.
Sub. H.B.39, read the second time by short title and placed on the calendar for third reading.
* * *
Mr. Speaker: January 31, 1996
The Health and Environment Committee reports a favorable recommendation on H.B.101, HOME HEALTH CARE OR COMPANIONSHIP PROVIDER EXEMPTION, by Representative J. Haymond, and recommends it be placed on the Consent Calendar; and
The Health and Environment Committee reports a favorable recommendation on S.B.68, CLEAN FUELS LOAN PROGRAM AMENDMENTS, by Senator L. McAllister; and
The Health and Environment Committee reports a favorable recommendation on S.B.1, SINGLE FAMILY RESIDENCE ZONING, by Senator L. Mansell; and
The Health and Environment Committee reports a favorable recommendation on Sub. S.B.23, INSURANCE COVERAGE OF CHILDBIRTH, by Senator M. Peterson.
J. Reese Hunter, Chair
Reports filed. On motion of Representative J. Hunter, the reports of the Health and Environment committee were adopted.
H.B.101, read the second time by short title and placed on the Consent Calendar.
S.B.68, read the second time by short title and referred to the Rules Committee due to fiscal impact.
S.B.1 and Sub. S.B.23, read the second time by short title and placed on the calendar for third reading.
* * *
Mr. Speaker: January 31, 1996
The Human Services Committee reports a favorable recommendation on S.B.76, UNCOLLECTIBLE UNLAWFUL DEBTS, by Senator C. Taylor; and
The Human Services Committee recommends H.B.152, REAUTHORIZATION OF ADMINISTRATIVE RULES, by Representative B. Harward, be replaced and favorably recommends Sub. H.B.152, REAUTHORIZATION OF ADMINISTRATIVE RULES; and
The Human Services Committee reports a favorable recommendation on H.B.234, CUSTOM FIT PROGRAM APPROPRIATION, by Representative B. Evans; and
The Human Services Committee reports a favorable recommendation on H.B.98, ADULT PROTECTIVE SERVICES AMENDMENTS, by Representative L. Frandsen, with the following amendments:
Page 2, Line 22: After "other" bracket "life-sustaining"
Page 6, Line 16: After "adult" delete "as follows" and insert "if"
Page 8, Line 20: After "consent or" bracket "has"
Page 11, Line 15: At the beginning of line 15 bracket "long-term care facility, as defined in Section 62A-3-202,"; and after "or" delete "other appropriate" at the end of line 15.
Page 15, Line 22: After "cause, or" delete "intentionally or knowingly"
Page 15, Line 23: At the beginning of Line 23 delete "intentionally"
Page 15, Line 24: After "caused by" delete "criminally negligent"
Page 18, Line 21: Delete "third degree felony" and insert "class A misdemeanor
Page 18, Line 22: After "class" delete "A" and insert "B"
Page 18, Line 23: After "class" delete "B" and insert "C"; and
The Human Services Committee reports a favorable recommendation on S.B.59, PROTECTION OF ELECTED OFFICIALS, by Senator D. Watson, with the following amendments:
Page 1, Line 7 (goldenrod copy): At the beginning of line 7, insert "THE CRIME OF"
Lloyd Frandsen, Chair
Reports filed. On motion of Representative Frandsen, the reports of the Human Services committee were adopted.
S.B.76, Sub. H.B.152, H.B.234, H.B.98, as amended, and S.B.59, as amended, read the second time by short title and placed on the calendar for third reading.
* * *
Mr. Speaker: January 31, 1996
The Education Committee reports a favorable recommendation on H.B.149, APPROPRIATION FOR LANGUAGE ARTS AND READING SPECIALISTS, by Representative B. Evans; and
The Education Committee recommends H.B.108, SCHOOL AND INSTITUTIONAL TRUST LANDS MANAGEMENT ACT AMENDMENTS, by Representative T. Hatch, be replaced and favorably recommends Sub. H.B.108, SCHOOL AND INSTITUTIONAL TRUST LANDS MANAGEMENT ACT AMENDMENTS; and
The Education Committee reports a favorable recommendation on H.B.135, SCHOOL NURSING SERVICES INCENTIVE PROGRAMS, by Representative N. Stephens, with the following amendments:
Page 1, Line 24: After "providers" insert ", most particularly in those areas of the state without currently functioning collaborative programs"
Page 2, Line 3: After "in districts with" delete "less" and insert "fewer"
Page 2, Line 6: After "department," delete "or" and insert "and"
Page 2, Line 14: After "in cooperation" insert "with"
Page 2, Line 25: Delete line 25
Page 2, Line 26: Delete "monies," and insert "with 2/3 coming from sources identified in Subsection (3)"; and
The Education Committee reports a favorable recommendation on S.B.31, EDUCATION STRATEGIC PLANNING AMENDMENTS, by Senator D. Steele, et al; and
The Education Committee reports a favorable recommendation on H.B.104, LOCAL SCHOOL BOARD AMENDMENTS, by Representative R. Evans.
Keele Johnson, Chair
Reports filed. On motion of Representative K. Johnson, the reports of the Education committee were adopted.
H.B.149, Sub. H.B.108, H.B.135, as amended, S.B.31, and H.B.104, read the second time by short title and placed on the calendar for third reading.
INTRODUCTION OF BILLS
DRIVER LICENSES BAR CODING
H.B.307 Gerry A. Adair
AN ACT RELATING TO APPROPRIATIONS; APPROPRIATING $200,000 FROM THE GENERAL FUND FOR FISCAL YEAR 1996-97 TO THE DEPARTMENT OF PUBLIC SAFETY FOR DRIVER LICENSE CODING; AND PROVIDING AN EFFECTIVE DATE, read the first time by short title and referred to the Rules Committee.
WATER CONSERVANCY ACT AMENDMENT
H.B.308 Christine R. Fox
AN ACT RELATING TO SPECIAL DISTRICTS; REQUIRING PETITIONERS SEEKING TO INCLUDE NEW LANDS IN WATER DISTRICT TO OBTAIN CONSENT OF MUNICIPALITY, COUNTY, OR PUBLIC CORPORATION IN WHICH THE NEW LANDS ARE LOCATED; AND MAKING TECHNICAL CORRECTIONS, read the first time by short title and referred to the Rules Committee.
SALES TAX EXEMPTION FOR CERTAIN COIN-OPERATED AMUSEMENT DEVICES
H.B.309 Raymond W. Short
AN ACT RELATING TO THE SALES AND USE TAX ACT; CREATING A SALES AND USE TAX EXEMPTION FOR SALES AND RENTALS OF THE RIGHT TO USE OR OPERATE CERTAIN COIN-OPERATED AMUSEMENT DEVICES; REQUIRING THE TAX REVIEW COMMISSION TO CONDUCT A PERIODIC REVIEW OF THE COIN-OPERATED AMUSEMENT DEVICES EXEMPTION; MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE, read the first time by short title and referred to the Rules Committee.
USED OIL LIABILITY
H.B.310 Bill Wright
AN ACT RELATING TO THE ENVIRONMENT; PROVIDING PAYMENT FOR COLLECTION OF SPECIFIED CONTAMINATED LOADS OF COLLECTED DIYER USED OIL; REQUIRING LEGISLATIVE FUNDING AS NECESSARY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A REPEAL DATE, read the first time by short title and referred to the Rules Committee.
SALES TAX EXEMPTION FOR TEXTBOOKS AND LAB FEES
H.B.311 Shirley V. Jensen
AN ACT RELATING TO THE SALES AND USE TAX ACT; CREATING AN EXEMPTION FOR CERTAIN FEES, DEPOSITS, AND RENTALS THAT ARE REQUIRED FOR CERTAIN SCHOOL COURSES; MODIFYING THE REVIEW OF SALES TAX EXEMPTIONS PROVISIONS; MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE, read the first time by short title and referred to the Rules Committee.
TERMINATION PROCEDURES FOR SCHOOL EMPLOYEES
H.B.312 Christine R. Fox
AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING FOR FAIR HEARING OFFICERS TO CONDUCT HEARINGS ON THE TERMINATION OF SCHOOL EMPLOYEES IF AGREED TO BY THE SCHOOL BOARD AND EMPLOYEES' REPRESENTATIVE; PROVIDING FOR AN ALTERNATIVE SELECTION PROCEDURE; AND PROVIDING FOR THE SHARING OF HEARING COSTS, read the first time by short title and referred to the Rules Committee.
INSURANCE POLICIES - INCORPORATION BY REFERENCE
H.B.313 Thomas Hatch
AN ACT RELATING TO INSURANCE; AMENDING WHAT CAN BE INCORPORATED BY REFERENCE INTO AN INSURANCE POLICY; AND MAKING TECHNICAL CORRECTIONS, read the first time by short title and referred to the Rules Committee.
JUDGES NONCONTRIBUTORY RETIREMENT SYSTEM
H.B.314 Stephen M. Bodily
AN ACT RELATING TO PENSIONS; CREATING A NONCONTRIBUTORY RETIREMENT SYSTEM FOR JUDGES; PROVIDING DEFINITIONS; PROVIDING ELIGIBILITY AND CONVERSION REQUIREMENTS; ESTABLISHING THAT CONTRIBUTIONS TO THE SYSTEM ARE TO BE MADE ENTIRELY BY THE EMPLOYER; PROVIDING FOR BENEFITS; PROVIDING FOR ADMINISTRATION OF THE SYSTEM; AND PROVIDING AN EFFECTIVE DATE, read the first time by short title and referred to the Rules Committee.
ADMINISTRATORS IN THE PUBLIC SCHOOLS
H.B.315 Jeff Alexander
AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING THAT SCHOOL DISTRICT SUPERINTENDENTS SHALL BE APPOINTED ON THE BASIS OF OUTSTANDING PROFESSIONAL QUALIFICATIONS; PROVIDING AN EXCEPTION FOR THE REQUIREMENT THAT PRINCIPALS AND ASSISTANT PRINCIPALS HOLD AN ADMINISTRATIVE SUPERVISORY CERTIFICATE; AND PROVIDING AN EFFECTIVE DATE, read the first time by short title and referred to the Rules Committee.
UNIFORM PROBATE CODE AND PERPETUITIES AMENDMENTS
H.B.316 John L. Valentine
AN ACT RELATING TO THE UNIFORM PROBATE CODE; ENACTING THE UNIFORM STATUTORY RULE AGAINST PERPETUITIES; REPEALING AND REENACTING CHAPTER 2 PROVISIONS AND ENACTING RELATED PROVISIONS; AND PROVIDING AN EFFECTIVE DATE, read the first time by short title and referred to the Rules Committee.
REGULATION OF BAIL BOND SURETIES
H.B.317 Greg J. Curtis
AN ACT RELATING TO OCCUPATIONS AND PROFESSIONS; TRANSFERRING RESPONSIBILITY FOR LICENSING AND REGULATION TO THE DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSING; PROVIDING DEFINITIONS; MODIFYING THE BOARD AND DUTIES; PROVIDING LICENSING REQUIREMENTS AND TERMS; PROVIDING BONDING LIMITS; PROVIDING FOR LICENSE DENIAL AND DISCIPLINE FOR UNPROFESSIONAL CONDUCT; AND MAKING TECHNICAL CORRECTIONS., read the first time by short title and referred to the Rules Committee.
CONSENT CALENDAR
H.B.142, UTAH ADVISORY COUNCIL ON INTERGOVERNMENTAL RELATIONS AMENDMENTS, read the third time by short title and placed on its final passage.
H.B.142 then passed on the following roll call:
Yeas, 68; Nays, 2; Absent or not voting, 5.
Voting in the affirmative were: Representatives Adair B. Allen S. Allen Anderson Arrington Atkinson Baca Barth Bigelow Bodily Bowman Bradshaw Bresnahan Buffmire Bush Carlson Chard Curtis Davis Dillree Ellertson B. Evans R. Evans Fox Frandsen Garn Goodfellow Gowans Gubler Harward Haymond Hendrickson Hickman Holladay Hunsaker Iverson Jensen K. Johnson Jones Killpack Knudson Koehn Larson Lockman Matthews Moran Mortimer Murray Nelson Nielsen Olsen Oscarson Peterson Protzman Seitz Short M. Stephens N. Stephens Styler Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Wright Brown
Voting in the negative were: Representatives Bradford Hunter
Absent or not voting were: Representatives Alexander Carnahan Hatch B. Johnson Pignanelli
H.B.142 transmitted to the Senate for its consideration.
* * *
H.B.76, CENTENNIAL SCHOOLS AMENDMENTS, read the third time by short title and placed on its final passage.
H.B.76, as amended, then passed on the following roll call:
Yeas, 66; Nays, 6; Absent or not voting, 3.
Voting in the affirmative were: Representatives Adair B. Allen S. Allen Anderson Arrington Atkinson Baca Barth Bigelow Bodily Bowman Bradshaw Buffmire Bush Carlson Chard Curtis Davis Dillree Ellertson B. Evans R. Evans Fox Frandsen Garn Goodfellow Gowans Gubler Harward Haymond Hendrickson Hickman Holladay Hunsaker Iverson Jensen B. Johnson K. Johnson Jones Killpack Knudson Koehn Larson Lockman Matthews Moran Murray Nelson Nielsen Olsen Oscarson Peterson Protzman Seitz Short M. Stephens Styler Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Wright Brown
Voting in the negative were: Representatives Alexander Bradford Bresnahan Hunter Mortimer N. Stephens
Absent or not voting were: Representatives Carnahan Hatch Pignanelli
H.B.76, as amended, transmitted to the Senate for its consideration.
* * *
H.B.137, TEACHER INSERVICE PROGRAMS, read the third time by short title and placed on its final passage.
H.B.137 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 Curtis Davis Dillree Ellertson B. Evans R. Evans Fox Frandsen Garn Goodfellow Gowans Gubler Harward Hendrickson Hickman Holladay Hunsaker Hunter Iverson Jensen B. Johnson K. Johnson Jones Killpack Knudson Koehn Larson Lockman Matthews Moran Mortimer Murray Nelson Nielsen Olsen Oscarson Peterson Protzman Seitz Short M. Stephens N. Stephens Styler Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Wright Brown
Absent or not voting were: Representatives Carnahan Chard Hatch Haymond Pignanelli
H.B.137 transmitted to the Senate for its consideration.
THIRD READING CALENDAR
Sub. S.B.38, BUSINESS ENTITY REGISTRATION AMENDMENTS, read the third time by short title and placed on its final passage.
Sub. S.B.38 then passed on the following roll call:
Yeas, 68; Nays, 0; Absent or not voting, 7.
Voting in the affirmative were: Representatives Adair Alexander B. Allen S. Allen Anderson Arrington Atkinson Baca Barth Bigelow Bodily Bradford Bradshaw Bresnahan Buffmire Bush Carlson Chard Curtis Dillree Ellertson B. Evans R. Evans Fox Frandsen Garn Goodfellow Gowans Gubler Haymond Hendrickson Hickman Holladay Hunsaker Hunter Iverson Jensen B. Johnson K. Johnson Jones Killpack Knudson Koehn Larson Lockman Matthews Moran Mortimer Murray Nelson Nielsen Olsen Oscarson Peterson Protzman Seitz Short M. Stephens Styler Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Wright Brown
Absent or not voting were: Representatives Bowman Carnahan Davis Harward Hatch Pignanelli N. Stephens
Sub. S.B.38 was signed by the Speaker in open session, in the presence of the House, and returned to the Senate for signature of the President, enrolling and transmission to the Governor.
UNFINISHED BUSINESS
On motion of Representative Valentine, the House voted to uncircle S.B.73.
S.B.73, REVISOR'S STATUTE, was before the House on its final passage.
S.B.73 then passed on the following roll call:
Yeas, 67; Nays, 4; Absent or not voting, 4.
Voting in the affirmative were: Representatives Adair Alexander B. Allen S. Allen Anderson Arrington Baca Barth Bigelow Bodily Bowman Bradshaw Buffmire Carlson Chard Curtis Davis Dillree Ellertson B. Evans R. Evans Fox Frandsen Goodfellow Gowans Gubler Harward Hatch Haymond Hendrickson Hickman Holladay Hunsaker Iverson Jensen B. Johnson K. Johnson Jones Killpack Knudson Koehn Larson Lockman Matthews Moran Mortimer Murray Nelson Nielsen Olsen Oscarson Peterson Pignanelli Protzman Seitz Short M. Stephens N. Stephens Styler Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Wright
Voting in the negative were: Representatives Bradford Bresnahan Bush Hunter
Absent or not voting were: Representatives Atkinson Carnahan Garn Brown
S.B.73 was signed by the Speaker in open session, in the presence of the House, and returned to the Senate for signature of the President, enrolling and transmission to the Governor.
MISCELLANEOUS BUSINESS
On motion of Representative Fox, under suspension of the rules, the House voted to move to the House Third Reading Calendar.
THIRD READING CALENDAR
H.B.112, MANAGEMENT OF INSTITUTIONAL FUNDS, read the third time by short title and placed on its final passage.
H.B.112, as amended, then passed on the following roll call:
Yeas, 72; Nays, 0; Absent or not voting, 3.
Voting in the affirmative were: Representatives Adair Alexander B. Allen S. Allen Anderson Arrington Atkinson Baca Barth Bigelow Bodily Bowman Bradford Bradshaw Bresnahan Bush Carlson Chard Curtis Davis Dillree Ellertson B. Evans R. Evans Fox Frandsen Garn Goodfellow Gowans Gubler Harward Haymond Hendrickson Hickman Holladay Hunsaker Hunter Iverson Jensen B. Johnson K. Johnson Jones Killpack Knudson Koehn Larson Lockman Matthews Moran Mortimer Murray Nelson Nielsen Olsen Oscarson Peterson Pignanelli Protzman Seitz Short M. Stephens N. Stephens Styler Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Wright Brown
Absent or not voting were: Representatives Buffmire Carnahan Hatch
H.B.112, as amended, transmitted to the Senate for its consideration.
* * *
Sub. H.B.63, EMPLOYMENT SECURITY ACT AMENDMENTS, read the third time by short title and placed on its final passage.
On motion of Representative Hunsaker, the House voted to consider Sub. H.B.63 read the first time.
On motion of Representative Valentine, the bill was amended as follows:
AMENDMENT No. 1
Page 6, Line 14: After "collection action." insert "The notice shall advise the employer or claimant of the employer's or claimant's rights under this chapter and the rules of the commission."
Sub. H.B.63, as amended, then passed on the following roll call:
Yeas, 70; Nays, 1; 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 Bradshaw Bresnahan Buffmire Bush Carlson Carnahan Chard Curtis Davis Ellertson B. Evans R. Evans Fox Frandsen Garn Goodfellow Gowans Gubler Harward Hatch Hendrickson Hickman Holladay Hunsaker Hunter Iverson B. Johnson K. Johnson Jones Killpack Knudson Koehn Larson Lockman Matthews Moran Mortimer Murray Nelson Nielsen Olsen Oscarson Peterson Pignanelli Protzman Seitz Short M. Stephens N. Stephens Styler Suazo Tanner Tyler Ure Valentine Waddoups Wright Brown
Voting in the negative was: Representative Bradford
Absent or not voting were: Representatives Dillree Haymond Jensen Tuttle
Sub. H.B.63, as amended, transmitted to the Senate for its consideration.
MISCELLANEOUS BUSINESS
On motion of Representative Waddoups, the House voted to move to the Senate Third Reading Calendar.
UNFINISHED BUSINESS
On motion of Representative M. Stephens, the House voted to uncircle S.J.R.3.
S.J.R.3, JOINT RULES - LEGISLATIVE APPROPRIATION SUBCOMMITTEE RESOLUTION, was before the House on its final passage.
S.J.R.3 then passed on the following roll call:
Yeas, 69; Nays, 0; Absent or not voting, 6.
Voting in the affirmative were: Representatives Adair Alexander B. Allen S. Allen Anderson Arrington Atkinson Baca Barth Bigelow Bowman Bradford Bradshaw Bresnahan Buffmire Bush Carlson Carnahan Chard Curtis Davis Ellertson B. Evans R. Evans Fox Frandsen Garn Goodfellow Gowans Gubler Harward Haymond Hendrickson Hickman Holladay Hunsaker Hunter Iverson B. Johnson K. Johnson Jones Killpack Knudson Koehn Larson Lockman Matthews Moran Mortimer Murray Nelson Nielsen Olsen Oscarson Pignanelli Protzman Seitz Short M. Stephens N. Stephens Styler Suazo Tuttle Tyler Ure Valentine Waddoups Wright Brown
Absent or not voting were: Representatives Bodily Dillree Hatch Jensen Peterson Tanner
S.J.R.3 was signed by the Speaker in open session, in the presence of the House, and returned to the Senate for signature of the President, enrolling and transmission to the Governor.
UNFINISHED BUSINESS
On motion of Representative Pignanelli, the House voted to uncircle S.J.R.1.
S.J.R.1, RESOLUTION AMENDING VETERANS' PROPERTY TAX EXEMPTION, was before the House on its final passage.
On motion of Representative Pignanelli, the bill was amended as follows:
AMENDMENT No. 1
Page 2, Lines 9 and 14: On lines 9 and 14 after "1," delete "m.,"
S.J.R.1, as amended, then passed on the following roll call:
Yeas, 71; Nays, 0; Absent or not voting, 4.
Voting in the affirmative were: Representatives Alexander B. Allen S. Allen Anderson Arrington Atkinson Baca Barth Bigelow 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 Hickman Holladay Hunsaker Hunter Iverson Jensen B. Johnson K. Johnson Jones Killpack Knudson Koehn Larson Lockman Matthews Moran Mortimer Murray Nelson Nielsen Olsen Oscarson Pignanelli Protzman Seitz Short N. Stephens Styler Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Wright Brown
Absent or not voting were: Representatives Adair Bodily Peterson M. Stephens
S.J.R.1, as amended, transmitted to the Senate for its consideration.
MISCELLANEOUS BUSINESS
On motion of Representative Fox, under suspension of the rules, the House voted to move to the House Third Reading Calendar.
THIRD READING CALENDAR
H.B.81, COUNTY RECORDER FEES, read the third time by short title and placed on its final passage.
Representatives Hatch and Adair declared conflicts of interest.
H.B.81 then failed to pass on the following roll call:
Yeas, 31; Nays, 40; Absent or not voting, 4.
Voting in the affirmative were: Representatives S. Allen Anderson Baca Barth Bigelow Bodily Bradshaw Bresnahan Buffmire Carlson Chard B. Evans Fox Frandsen Goodfellow Gowans Hunsaker Jensen Jones Koehn Larson Mortimer Nelson Nielsen Protzman Short M. Stephens N. Stephens Tanner Tuttle Ure
Voting in the negative were: Representatives Adair Alexander B. Allen Arrington Atkinson Bowman Bradford Bush Carnahan Curtis Davis Dillree Ellertson R. Evans Garn Gubler Harward Hatch Hendrickson Hickman Holladay Hunter Iverson B. Johnson Killpack Knudson Lockman Moran Murray Olsen Oscarson Peterson Pignanelli Seitz Styler Suazo Tyler Valentine Waddoups Wright
Absent or not voting were: Representatives Haymond K. Johnson Matthews Brown
H.B.81 was filed.
* * *
H.B.19, CAPITOL ART PLACEMENT COMMISSION, read the third time by short title and placed on its final passage.
On motion of Representative Tanner, the House voted to delete H.B.19 in title and body, insert Sub. H.B.19 in lieu thereof.
On motion of Representative Harward, the bill was amended as follows:
AMENDMENT No. 1
Page 3, Lines 18-21: Delete Subsections (2) and (3) and renumber accordingly.
Sub. H.B.19, as amended, then passed on the following roll call:
Yeas, 55; Nays, 19; Absent or not voting, 1.
Voting in the affirmative were: Representatives Alexander Anderson Atkinson Baca Bigelow Bowman Bradshaw Buffmire Bush Carlson Carnahan Davis Dillree Ellertson B. Evans Fox Frandsen Goodfellow Gubler Harward Hatch Haymond Hendrickson Holladay Hunsaker Iverson Jensen B. Johnson K. Johnson Jones Killpack Knudson Koehn Larson Matthews Moran Mortimer Murray Nelson Nielsen Oscarson Pignanelli Protzman Seitz N. Stephens Styler Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Wright Brown
Voting in the negative were: Representatives Adair B. Allen Arrington Barth Bodily Bradford Bresnahan Chard Curtis R. Evans Garn Gowans Hickman Hunter Lockman Olsen Peterson Short M. Stephens
Absent or not voting was: Representative S. Allen
Sub. H.B.19, as amended, transmitted to the Senate for its consideration.
HISTORICAL SPOTLIGHTS
Representatives Adair and Nielsen 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: February 1, 1996
The Senate passed, H.B.10, SCHOOL DISTRICT HEALTH EXAMINATIONS, by Representative N. Stephens, which has been signed by the President and it is transmitted for the signature of the Speaker; and
The Senate passed, H.B.32, FUNDING APPLIED TECHNOLOGY EDUCATION, by Representative S. Allen, et al, which has been signed by the President and it is transmitted for the signature of the Speaker; and
The Senate passed, H.B.59, RADIATION CONTROL-ADMINISTRATIVE PROCEDURE AMENDMENTS, by Representative R. Ellertson, et al, which has been signed by the President and it is transmitted for the signature of the Speaker.
Annette B. Moore Secretary of the Senate
Communications filed. H.B.10, H.B.32, and H.B.59 were signed by the Speaker in open session, in the presence of the House, and referred to the Rules Committee to be enrolled and transmitted to the Governor.
RULES COMMITTEE REPORT
Mr. Speaker: February 1, 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.253 Health Care Work Force Survey (M. Carlson)
H.B.281 Insurance Exemption - Annuitants (G. Curtis)
ENERGY, NATURAL RESOURCES, AND AGRICULTURE
H.B.212 Utah State Fair Amendments (D. Ure)
H.B.278 Bonneville Shoreline Trail Appropriation (A. Tyler)
HEALTH AND ENVIRONMENT
H.B.216 Clarification of State Regulations In Areas of Federal Environmental Regulation (R. Ellertson)
H.B.273 Voluntary Health Insurance Purchasing Alliance Act (B. Harward)
JUDICIARY
H.B.214 Post-Conviction Procedure (J. Valentine)
REVENUE AND TAXATION
H.B.268 Income Tax Credit For Providers of Services to Individuals With Disabilities (G. Protzman)
H.B.269 Advertising Proposed Tax Increase (E. Anderson)
H.B.290 Tax Elimination Blue Ribbon Committee (J. Hickman)
TRANSPORTATION AND PUBLIC SAFETY
H.B.245 Centennial Transportation Alternatives Incentive Program (A. Tyler)
John L. Valentine, Chair
Report filed. On motion of Representative Valentine, the report of the Rules Committee was adopted.
REPORTS OF STANDING COMMITTEES
Mr. Speaker: February 1, 1996
The Energy, Natural Resources, and Agriculture Committee reports a favorable recommendation on H.R.2, HOUSE CHAMBER INSCRIPTION RESOLUTION, by Representative S. Jensen; and
The Energy, Natural Resources, and Agriculture Committee reports a favorable recommendation on H.B.116, PROHIBITION OF RIDING ON TRAILER, by Representative D. Bowman, with the following amendments and recommends it be placed on the Consent Calendar.
Page 1, Line 6: After "VEHICLE" insert "; AND PROVIDING EXCEPTIONS"
Page 1, Line 13: After line 13 insert "(1)"
Page 1, Line 15: After line 15 insert:
"(2) This section does not apply to a:
(a) livestock trailer or livestock semitrailer;
(b) trailer or semitrailer being used for participation in a parade; or
(c) trailer or semitrailer being used in an agricultural operation."; and
The Energy, Natural Resources, and Agriculture Committee reports a favorable recommendation on H.B.229, VOTER REGISTRATION INFORMATION IN HIGH SCHOOLS, by Representative R. Evans, with the following amendments:
Page 1, Lines 17-18: Bracket "18 years old or who within six months will be 18 years old" and insert "over 17 years old"
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.R.2 and H.B.229, as amended, read the second time by short title and placed on the calendar for third reading.
H.B.116, as amended, read the second time by short title and placed on the Consent Calendar.
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Mr. Speaker: February 1, 1996
The Judiciary Committee recommends H.B.109, ESCAPE AND ABSCONDING AMENDMENTS, by Representative T. Matthews, be replaced and reports a favorable recommendation on Sub. H.B.109, ESCAPE AND ABSCONDING AMENDMENTS with the following amendments and asks that it be placed on the Consent Calendar.
Page 3, Line 22: After "weapon to" insert "facilitate"; and
The Judiciary Committee reports a favorable recommendation on H.B.175, JUDICIAL CONDUCT COMMISSION - AMENDMENTS, by Representative D. Ure, with the following amendments:
Page 1, Lines 19-21: After "complainant" insert a period and delete the remainder of line 19 and delete lines 20 and 21.
Page 3, Line 3: After "(iii)" delete "upon majority vote of a quorum of the Judicial Conduct Commission,"
Page 3, Line 4: After "justice" delete "may" and insert "shall"; and
The Judiciary Committee reports a favorable recommendation on S.B.26, CRIMINAL PENALTY ADJUSTMENTS, by Senator L. Hillyard; and
The Judiciary Committee reports a favorable recommendation on H.B.95, PAROLE TERM FOR FIRST DEGREE FELONY SEX OFFENDER, by Representative J. Valentine, et al, with the following amendments:
Page 2, Line 29: After "(1)" bracket ""Every" and insert "otherwise provided in this section, every"
Page 7, Line 5: After "parolee" delete "and" and insert a comma and after "76-3-202" insert ", and in accordance with Section 77-27-13"; and
The Judiciary Committee reports a favorable recommendation on H.B.184, MURDER OF POLICE OFFICERS, by Representative D. Peterson, and recommends it be placed on the Consent Calendar; and
The Judiciary Committee reports a favorable recommendation on H.B.196, DEFINING UNLAWFUL ACTIVITIES, by Representative S. Barth; and
The Judiciary Committee reports a favorable recommendation on S.B.10, CRIMINAL HISTORY EXPUNGEMENT, by Senator E. Money.
Byron L. Harward, Chair
Reports filed. On motion of Representative Harward, the reports of the Judiciary committee were adopted.
Sub. H.B.109 and H.B.184, read the second time by short title and placed on the Consent Calendar.
H.B.175, as amended, H.B.95, as amended, H.B.196, and S.B.10, read the second time by short title and placed on the calendar for third reading.
S.B.26, read the second time by short title and referred to the Rules Committee due to fiscal impact.
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Mr. Speaker: February 1, 1996
The Transportation and Public Safety Committee reports a favorable recommendation on S.B.82, DRIVING WITHOUT A LICENSE, by Senator D. Steele; and
The Transportation and Public Safety Committee reports a favorable recommendation on S.B.4, DUI AMENDMENTS, by Senator D. Steele; and
The Transportation and Public Safety Committee reports a favorable recommendation on S.B.17, IMPOUNDING UNREGISTERED VEHICLES, by Senator H. Stephenson; and
The Transportation and Public Safety Committee reports a favorable recommendation on H.B.197, PEDESTRIAN RIGHT-OF-WAY, by Representative N. Nielsen; and
The Transportation and Public Safety Committee reports a favorable recommendation on H.B.201, CITATION PROCEDURE, by Representative N. Hendrickson, and recommends it be placed on the Consent Calendar; and
The Transportation and Public Safety Committee reports a favorable recommendation on H.B.58, DRIVING UNDER THE INFLUENCE -- REPEAT OFFENDERS, by Representative D. Bresnahan, with the following amendments:
Page 2, Line 3: Delete "may" and insert "shall"
Page 3, Line 9: Bracket "24" and insert "48" and bracket "50" and insert "240"
Page 3, Line 22: Bracket "may" and insert "shall"
Page 4, Line 7: Bracket "may" and insert "shall"
Page 4, Line 8: Bracket "240" and insert "720" and bracket "720" and insert "2,160"
Page 4, Line 9: After "fine," bracket "or" and insert "and"
Page 4, Line 15: Bracket "may" and insert "shall"
Page 4, Line 16: Bracket "240" and insert "720" and bracket "720" and insert "2,160"
Page 4, Line 30: Bracket "may" and insert "shall"
Page 4, Line 31: Bracket "240" and insert "720" and bracket "720" and insert "2,160"
Page 5, Line 7: After "fine," bracket "or" and insert "and"
Don E. Bush, Chair
Reports filed. On motion of Representative Bush, the reports of the Transportation and Public Safety committee were adopted.
S.B.82, S.B.4, S.B.17, H.B.197, and H.B.58, as amended, read the second time by short title and placed on the calendar for third reading.
H.B.201, read the second time by short title and placed on the Consent Calendar.
NOTICE OF BILL RETURNED TO RULES COMMITTEE
Mr. Speaker: February 1, 1996
The Transportation and Public Safety Committee has returned H.B.215, VEHICLE EMISSION INSPECTION AMENDMENTS, by Representative D. Gubler, to the Rules Committee.
Don E. Bush, Chair
Report filed. H.B.215, tabled in committee and returned to the Rules Committee.
THIRD READING CALENDAR
Sub. H.B.55, COUNTY ANNEXATION AMENDMENT, read the third time by short title and placed on its final passage.
On motion of Representative B. Johnson, the House voted to delete Sub. H.B.55 in title and body, insert 2nd Sub. H.B.55 in lieu thereof.
2nd Sub. H.B.55 then passed on the following roll call:
Yeas, 58; Nays, 9; Absent or not voting, 8.
Voting in the affirmative were: Representatives Adair Alexander S. Allen Anderson Atkinson Baca Barth Bigelow Bodily Bowman Bradford Bradshaw Buffmire Bush Carlson Carnahan Chard Curtis Davis Dillree B. Evans Fox Frandsen Garn Goodfellow Gowans Gubler Haymond Hendrickson Hickman Holladay Hunsaker B. Johnson Jones Killpack Koehn Larson Lockman Moran Mortimer Murray Nielsen Olsen Oscarson Peterson Pignanelli Protzman Seitz Short M. Stephens Styler Suazo Tanner Tyler Ure Waddoups Wright Brown
Voting in the negative were: Representatives B. Allen Arrington Ellertson R. Evans Hatch Iverson Jensen K. Johnson Valentine
Absent or not voting were: Representatives Bresnahan Harward Hunter Knudson Matthews Nelson N. Stephens Tuttle
2nd Sub. H.B.55 transmitted to the Senate for its consideration.
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H.B.146, RURAL HEALTH CARE PROVIDER AMENDMENTS, read the third time by short title and placed on its final passage.
On motion of Representative Haymond, the bill was amended as follows:
Page 3, Lines 18-21: Delete lines 18-21 and insert:
(3) Except when operating under 31A-22-617, an insurer shall reimburse a health care provider, health care facility, or insured for services rendered under Subsection (2) a like amount as paid by the insurer for comparable services to health care providers and health care facilities who are:"
Page 3, Line 22: Delete "(i)" and insert "(a)"
Page 3, Line 23: Delete "(ii)" and insert "(b)"
Page 3, Lines 24-25: Delete lines 24-25.
On motion of Representative Haymond, the House voted to circle H.B.146.
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H.B.102, DIVISION OF REAL ESTATE AMENDMENTS, read the third time by short title and placed on its final passage.
Representative Adair declared a conflict of interest due to employment as a real estate broker.
On motion of Representative Adair, the bill was amended as follows:
Page 10, Line 26 (Committee Report dated Jan. 23, 1996 Business, Labor, and Economic Development Standing Committee): Delete the committee amendment
Page 10, Lines 26-29: Delete lines 26 through 29 and insert:
"(b) In addition to issuing principal broker, associate broker, and sales agent licenses authorizing the performance of all of the acts set forth in Section 61-2-2(12), the Division may issue specialized sales licenses and specialized property management licenses with the scope of practice limited to the specialty. An individual may hold a specialized license in addition to a license to act as a principal broker, an associate broker, or a sales agent. The commission may adopt rules pursuant to Title 63, Chapter 46a, Utah Administrative Procedures Act, for the administration of this provision, including prelicensing and postlicensing education requirements, examination requirements, affiliation with real estate brokerages or property management companies, and other licensing procedures."
H.B.102, as amended, then passed on the following roll call:
Yeas, 61; Nays, 4; Absent or not voting, 10.
Voting in the affirmative were: Representatives Adair Alexander B. Allen S. Allen Anderson Barth Bigelow Bodily Bowman Bradshaw Buffmire Bush Carlson Carnahan Chard Curtis Davis Dillree Ellertson B. Evans R. Evans Fox Frandsen Goodfellow Gowans Gubler Haymond Hendrickson Hickman Holladay Hunsaker Iverson Jensen B. Johnson K. Johnson Jones Killpack Koehn Larson Lockman Matthews Moran Mortimer Murray Nielsen Oscarson Peterson Pignanelli Seitz Short M. Stephens N. Stephens Styler Suazo Tanner Tyler Ure Valentine Waddoups Wright Brown
Voting in the negative were: Representatives Bradford Bresnahan Harward Hunter
Absent or not voting were: Representatives Arrington Atkinson Baca Garn Hatch Knudson Nelson Olsen Protzman Tuttle
H.B.102, as amended, transmitted to the Senate for its consideration.
UNFINISHED BUSINESS
On motion of Representative Haymond, the House voted to uncircle H.B.146.
H.B.146, RURAL HEALTH CARE PROVIDER AMENDMENTS, was before the House on its final passage.
H.B.146, 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 Alexander B. Allen S. Allen Anderson Arrington Atkinson Baca Bigelow Bodily Bowman Bradford Bradshaw Bresnahan Buffmire Bush Carlson Carnahan Chard Curtis Davis Dillree B. Evans R. Evans Fox Frandsen Goodfellow Gowans Gubler Harward Haymond Hendrickson Hickman Holladay Hunsaker Hunter Iverson Jensen B. Johnson K. Johnson Jones Killpack Koehn Larson Lockman Matthews Moran Mortimer Murray Nelson Nielsen Olsen Oscarson Peterson Protzman Seitz Short M. Stephens N. Stephens Styler Suazo Tanner Tyler Ure Valentine Waddoups Wright Brown
Absent or not voting were: Representatives Barth Ellertson Garn Hatch Knudson Pignanelli Tuttle
H.B.146, as amended, transmitted to the Senate for its consideration.
MISCELLANEOUS BUSINESS
On motion of Representative Alexander, the House authorized introduction of a state agency bill entitled Energy Savings.
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On motion of Representative Fox, the House authorized introduction of two bills for the Governor's office.
HISTORICAL SPOTLIGHTS
Representatives Mortimer and Nelson 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 February 2, at 10:00 a.m.
