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THIRTY-SECOND DAY * * *
MORNING SESSION
The House was called to order by Speaker Brown at 9:30 a.m.
Roll call showed all members present.
Pledge of Allegiance and prayer by Roberta Moore, Administrative Assistant to Minority Leadership.
COMMUNICATIONS FROM THE SENATE
Mr. Speaker: February 15, 1996
The Senate passed S.B.125, CHARITABLE SOLICITATIONS ACT AMENDMENTS, by Senator D. Watson, and it is transmitted for consideration; and
The Senate passed S.B.163, UTAH PIONEER COMMUNITIES ADVISORY BOARD, by Senator L. Blackham, and it is transmitted for consideration; and
The Senate passed, as amended, S.J.R.9, RESOLUTION AMENDING LOCAL GOVERNMENT ARTICLE, by Senator M. Dmitrich, and it is transmitted for consideration; and
The Senate passed, as amended, S.B.2, NOISE ABATEMENT ALONG HIGHWAYS, by Senator W. Black Jr, and it is transmitted for consideration; and
The Senate passed, as substituted, Sub. S.B.36, AIR QUALITY PERMIT APPLICATION AMENDMENTS, by Senator Dmitrich, and it is transmitted for consideration; and
The Senate passed, as substituted, and amended Sub. S.B.48, LAND AND WATER CONSERVATION COMMISSION, by Senator L. Blackham, and it is transmitted for consideration; and
The Senate passed, as amended, S.B.95, CREATING A PUBLIC SCHOOL DISTRICT, by Senator M. Peterson, and it is transmitted for consideration; and
The Senate passed, as substituted, Sub. S.B.98, STATE RISK MANAGEMENT COVERAGE OF TEACHERS, by Senator L. Poulton, and it is transmitted for consideration; and
The Senate passed S.B.99, PEACE OFFICERS IN CAPITOL, by Senator S. Howell, and it is transmitted for consideration; and
The Senate passed, as amended, S.B.118, TAX COURT, by Senator H. Stephenson, and it is transmitted for consideration; and
The Senate passed, as amended, S.B.134, SALES/USE TAX ON VEHICLES, by Senator E. Money, and it is transmitted for consideration; and
The Senate passed S.B.124, EXPANDING THE NUMBER OF JUDGES, by Senator C. Taylor, et al, and it is transmitted for consideration; and
The Senate passed, as substituted, 2nd Sub. S.B.127, YOUTH ALCOHOL AMENDMENTS, by Senator C. Taylor, and it is transmitted for consideration; and
The Senate passed, as amended, S.B.165, COURT ORGANIZATION AND JURISDICTION ACT, by Senator L. Hillyard, and it is transmitted for consideration.
Annette B. Moore Secretary of the Senate
Communications filed. S.B.125, S.B.163, S.J.R.9, S.B.2, Sub. S.B.36, Sub. S.B.48, S.B.95, as amended, Sub. S.B.98, S.B.99, S.B.118, as amended, S.B.134, as amended, S.B.124, 2nd Sub. S.B.127, and S.B.165, read the first time by short title and referred to the Rules Committee.
* * *
Mr. Speaker: February 14, 1996
The President of the Senate has signed H.B.78, INJURY REPORTING BY HEALTH CARE PROVIDERS, by Representative R. Evans, and it is transmitted for the signature of the Speaker; and
The Senate passed, H.B.165, CONCEALED WEAPON PERMIT, by Representative M. Waddoups, 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.78 and H.B.165, 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.
REPORTS OF STANDING COMMITTEES
Mr. Speaker: February 14, 1996
The Energy, Natural Resources, and Agriculture Committee recommends H.B.308, WATER CONSERVANCY ACT AMENDMENT, by Representative C. Fox, be replaced and reports a favorable recommendation on Sub. H.B.308, WATER CONSERVANCY ACT AMENDMENT with the following amendments:
Page 2, Line 21: At the end of the line delete "single"
Page 2, Line 28: After "municipality" insert "in a county of the first class"
Page 5, Line 2: At the end of the line delete "single"
Page 5, Line 9: After "municipality" insert "in a county of the first class"; and
The Energy, Natural Resources, and Agriculture Committee recommends H.B.264, GRAFFITI AMENDMENTS, by Representative R. Bigelow, be replaced and reports a favorable recommendation on Sub. H.B.264, GRAFFITI AMENDMENTS with the following amendments:
Page 2, Line 27: After "removal costs" insert ",repair costs,"
Page 2, Line 30: After "removal" insert ",repair,"; and
The Energy, Natural Resources, and Agriculture Committee reports a favorable recommendation on H.B.329, SPOTLIGHTING WILDLIFE, by Representative M. Styler, with the following amendments:
Page 2, Line 20: After "coyote," insert "jack rabbit,"
Page 2, Line 27: After "(1)" delete "(a)"
Page 2, Lines 30-31: Delete lines 30-31.
Page 3, Lines 1-3: Delete lines 1-3 and insert the following:
"(2) It is not a violation of this section to use headlights or another artificial light in a usual manner while having in possession a firearm or other weapon that could be used to take or injure protected wildlife, unless there is an attempt or intent to locate and take protected wildlife."; and
The Energy, Natural Resources, and Agriculture Committee reports a favorable recommendation on H.J.R.16, RESOLUTION ADDRESSING CALIFORNIA CONDOR CONCERNS, by Representative T. Hatch; and
The Energy, Natural Resources, and Agriculture Committee reports a favorable recommendation on H.B.285, WILDLIFE LICENSING AMENDMENTS, by Representative M. Styler, and recommends it be placed on the Consent Calendar.
Bradley T. Johnson, Chair
Reports filed. On motion of Representative B. Johnson, the reports of the Energy, Natural Resources, and Agriculture committee were adopted.
Sub. H.B.308, as amended, Sub. H.B.264, as amended, H.B.329, as amended, Sub. H.B.303, as amended, and H.J.R.16, read the second time by short title and placed on the calendar for third reading.
H.B.285, read the second time by short title and placed on the Consent Calendar.
NOTICE OF BILL TABLED
Mr. Speaker: February 9, 1996
The Transportation and Public Safety Committee has tabled H.J.R.14, RAILROAD CROSSING SAFETY RESOLUTION, by Representative D. Bresnahan, and has returned it to the Rules Committee; and
The Transportation and Public Safety Committee has tabled H.B.160, MOTOR FUEL MARKETING ACT REPEAL, by Representative C. Bradford, and has returned it to the Rules Committee.
Don E. Bush, Chair
Reports filed. H.J.R.14 and H.B.160, tabled in committee and returned to the Rules Committee.
REPORTS OF STANDING COMMITTEES
Mr. Speaker: February 14, 1996
The Transportation and Public Safety Committee reports a favorable recommendation on H.B.354, SERIOUS YOUTH OFFENDER AMENDMENTS, by Representative S. Barth, with the following amendments and recommends it be placed on the Consent Calendar.
Page 3, Line 6: Reinstate "or"
Page 3, Line 9: Delete "; or" and insert a period.
Page 3, Lines 10-12: Delete Lines 10 through 12; and
The Transportation and Public Safety Committee reports a favorable recommendation on H.B.322, EMISSION INSPECTION EXEMPTION, by Representative M. Waddoups; and
The Transportation and Public Safety Committee reports a favorable recommendation on H.B.353, APPROPRIATION FOR TRANSPORTATION CORRIDOR, by Representative M. Dillree; and
The Transportation and Public Safety Committee reports a favorable recommendation on H.B.350, SCHOOL BUS PARKING ZONES, by Representative N. Hendrickson; and
The Transportation and Public Safety Committee reports a favorable recommendation on H.B.319, APPROPRIATION FOR STUDY OF SOUTHERN CORRIDOR, by Representative J. Hickman; and
The Transportation and Public Safety Committee reports a favorable recommendation on Sub. S.B.89, MARRIAGE OF OLDER COUSINS, by Senator M. Peterson, and recommends it be placed on the Consent Calendar; and
The Transportation and Public Safety Committee reports a favorable recommendation on H.B.346, JOY RIDING PENALTIES, by Representative R. Short, with the following amendments and recommends it be placed on the Consent Calendar.
Page 1, Lines 5-6: Delete "OF INSURANCE DEDUCTIBLE"
Page 3, Lines 14-15: Delete "in an amount sufficient to cover the insurance deductible paid by the owner"
Don E. Bush, Chair
Reports filed. On motion of Representative Bush, the reports of the Transportation and Public Safety committee were adopted.
H.B.322, H.B.353, H.B.350, and H.B.319, read the second time by short title and placed on the calendar for third reading.
H.B.354, as amended, Sub. S.B.89, and H.B.346, as amended, read the second time by short title and placed on the Consent Calendar.
* * *
Mr. Speaker: February 14, 1996
The State and Local Affairs Committee reports a favorable recommendation on H.B.323, AMENDMENTS TO SPECIAL DISTRICTS, by Representative B. Allen; and
The State and Local Affairs Committee recommends H.B.337, TASK FORCE ON LOCAL GOVERNMENT FUNDING AND AUTHORITY, by Representative M. Stephens, be replaced and reports a favorable recommendation on Sub. H.B.337, TASK FORCE ON LOCAL GOVERNMENT FUNDING AND AUTHORITY with the following amendments:
Page 1, Line 22: After "(d)" delete "eight" and insert "four" and after "businesses" delete "civic organizations, or religious organizations,"
Page 1, Line 23: After line 23 insert "(e) four representatives at large, appointed by the governor." ; and
The State and Local Affairs Committee recommends Sub. H.B.226, STATE EMPLOYEE EXCEPTIONAL PERFORMANCE PROGRAM, by Representative D. Jones, be replaced and reports a favorable recommendation on 2nd Sub. H.B.226, STATE EMPLOYEE EXCEPTIONAL PERFORMANCE PROGRAM with the following amendments and asks that it be placed on the Consent Calendar.
Page 2, Line 4: After "(4)" delete "(a)"
Page 2, Line 6-7: Delete lines 6-7.
Page 2, Line 10: After "receive" delete "a one step salary increase" and insert "up to a $1,000 lump sum award"
Jordan Tanner, Chair
Reports filed. On motion of Representative Tanner, the reports of the State and Local Affairs committee were adopted.
H.B.323 and Sub. H.B.337, as amended, read the second time by short title and placed on the calendar for third reading.
2nd Sub. H.B.226, as amended, read the second time by short title and placed on the Consent Calendar.
* * *
Mr. Speaker: February 14, 1996
The Revenue and Taxation Committee reports a favorable recommendation on H.B.414, FRANCHISE ACT FOR VEHICLE DEALERS, by Representative C. Fox, with the
following amendments:
Page 6, lines 27 and 28: Delete "Division of Motor Vehicles" and insert "department"; and
The Revenue and Taxation Committee reports a favorable recommendation on H.B.341, TRANSIENT ROOM TAX USES, by Representative G. Davis; and
The Revenue and Taxation Committee reports a favorable recommendation on S.B.103, PROPERTY TAX FOR NEW CITIES, by Senator S. Rees, with the following amendments:
Page 2, Line 4: After "tax rate is" delete "the" and insert:
": (A) in a county of the first, second, or third class, the levy imposed for municipal-type services under Section 17-34-1 and 17-36-9; and
(B) in a county of the fourth, fifth, or sixth class, the levy imposed for general county purposes and such other levies imposed solely for the municipal-type services identified in Sections 17-34-2 and 17-36-3(24);"
Page 2, Line 5: Delete line 5.
Raymond W. Short, Chair
Reports filed. On motion of Representative Short, the reports of the Revenue and Taxation committee were adopted.
H.B.414, as amended, H.B.341, and S.B.103, as amended, read the second time by short title and placed on the calendar for third reading.
* * *
Mr. Speaker: February 14, 1996
The Human Services Committee recommends H.B.298, SUSPENSION OF LICENSE FOR CHILD SUPPORT ENFORCEMENT, by Representative L. Frandsen, be replaced and favorably recommends Sub. H.B.298, SUSPENSION OF LICENSE FOR CHILD SUPPORT ENFORCEMENT; and
The Human Services Committee reports a favorable recommendation on H.B.299, REPORTING HIRES FOR CHILD SUPPORT, by Representative L. Frandsen; and
The Human Services Committee reports a favorable recommendation on H.B.294, SOCIAL CAPITAL FORMATION ACT, by Representative L. Frandsen, with the following amendments:
Page 4, Line 14: Delete "(a) and delete "July" and insert "October"
Page 4, Lines 19-20: Delete lines 19-20.
Page 5, Lines 29-31: Delete lines 29-31 and insert "coalition shall offer advise to the director on issues relevant to this part."; and
The Human Services Committee reports a favorable recommendation on H.B.297, DRIVER LICENSE SUSPENSION FOR FAILURE TO PAY CHILD SUPPORT, by Representative L. Frandsen, with the following amendments:
Page 10, Line 17: Delete "in full" and after "making" insert "any reasonable" and after the semicolon insert "or"
Page 10, Lines 18-19: Delete lines 18-19 and renumber remaining subsections accordingly
Page 10, Line 20: Delete "payments" and insert "any reasonable payment"
Page 10, Line 21: Delete "or" and insert a comma and after "office" insert ", or administrative or judicial order"
Lloyd Frandsen, Chair
Reports filed. On motion of Representative Frandsen, the reports of the Human Services committee were adopted.
Sub. H.B.298, H.B.299, H.B.294, as amended, and H.B.297, as amended, read the second time by short title and placed on the calendar for third reading.
MISCELLANEOUS BUSINESS
On motion of Representative B. Evans, the House voted to set H.B.231 and H.J.R.10 for Time Certain on February 19, 1996 at 10:15 a.m.
CONSENT CALENDAR
H.B.342, AGGRAVATED ASSAULT BY A PRISONER, read the third time by short title and placed on its final passage.
H.B.342, as amended, then passed on the following roll call:
Yeas, 74; Nays, 0; Absent or not voting, 1.
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 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 was: Representative Pignanelli
H.B.342, as amended, transmitted to the Senate for its consideration.
* * *
H.B.224, PEACE OFFICERS STANDARDS AND TRAINING, read the third time by short title and placed on its final passage.
H.B.224 then passed on the following roll call:
Yeas, 73; Nays, 0; Absent or not voting, 2.
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 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 Seitz Short M. Stephens N. Stephens Styler Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Wright Brown
Absent or not voting were: Representatives Haymond Protzman
H.B.224 transmitted to the Senate for its consideration.
* * *
H.B.326, EQUITY TAX ON STATE LANDS, read the third time by short title and placed on its final passage.
H.B.326 then passed on the following roll call:
Yeas, 69; Nays, 0; Absent or not voting, 6.
Voting in the affirmative were: Representatives Adair 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 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 Oscarson Peterson Pignanelli Seitz Short M. Stephens N. Stephens Styler Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Wright
Absent or not voting were: Representatives Alexander Carnahan Chard Olsen Protzman Brown
H.B.326 transmitted to the Senate for its consideration.
* * *
H.B.259, THEFT OFFENSES AMENDMENTS, read the third time by short title and placed on its final passage.
H.B.259 then passed on the following roll call:
Yeas, 67; Nays, 0; Absent or not voting, 8.
Voting in the affirmative were: Representatives Adair B. Allen S. Allen Anderson Arrington Atkinson Baca Barth Bigelow Bodily Bowman Bradford Bradshaw Bresnahan Buffmire Bush Carlson Carnahan Curtis Davis Ellertson B. Evans R. Evans Fox Frandsen Garn Goodfellow Gubler Harward Hatch Haymond Hendrickson Holladay Hunter Iverson Jensen B. Johnson K. Johnson Jones Killpack Knudson Koehn Larson Lockman Matthews Moran Mortimer Murray Nelson Nielsen Oscarson Peterson Pignanelli Seitz Short M. Stephens N. Stephens Styler Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Wright Brown
Absent or not voting were: Representatives Alexander Chard Dillree Gowans Hickman Hunsaker Olsen Protzman
H.B.259 transmitted to the Senate for its consideration.
* * *
H.B.300, STALKING LAW AMENDMENTS, read the third time by short title and placed on its final passage.
H.B.300 then passed on the following roll call:
Yeas, 67; Nays, 0; Absent or not voting, 8.
Voting in the affirmative were: Representatives Adair B. Allen S. Allen Anderson Arrington Atkinson Baca Barth Bigelow Bodily Bowman Bradford Bradshaw Bresnahan Buffmire Bush Carlson Carnahan Curtis Davis Ellertson B. Evans R. Evans Fox Frandsen Garn Goodfellow Gowans Gubler Hatch Haymond Hendrickson Hickman Holladay Hunsaker Hunter Jensen B. Johnson K. Johnson Jones Killpack Knudson Koehn Larson Lockman Matthews Moran Mortimer Murray Nelson Nielsen Oscarson Peterson Seitz Short M. Stephens N. Stephens Styler Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Wright Brown
Absent or not voting were: Representatives Alexander Chard Dillree Harward Iverson Olsen Pignanelli Protzman
H.B.300 transmitted to the Senate for its consideration.
UNFINISHED BUSINESS
On motion of Representative M. Stephens, the House voted to uncircle S.B.84.
S.B.84, OLYMPICS SPECIAL REVENUE FUND AMENDMENTS, was before the House on its final passage.
S.B.84, 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 Barth Bigelow Bodily Bowman Bradford Bradshaw Bresnahan Buffmire Bush Carlson Carnahan Curtis Davis Dillree Ellertson B. Evans R. Evans Frandsen Garn Gowans Gubler Harward Hatch Haymond Hendrickson Hickman Holladay Hunsaker Hunter Iverson Jensen B. Johnson K. Johnson Jones Killpack Knudson Koehn Larson Lockman Matthews Moran Murray Nelson Olsen Oscarson Peterson Pignanelli Seitz Short M. Stephens N. Stephens Styler Suazo Tanner Tuttle Tyler Ure Valentine Wright Brown
Absent or not voting were: Representatives Chard Fox Goodfellow Mortimer Nielsen Protzman Waddoups
S.B.84, as amended, was returned to the Senate for further consideration.
THIRD READING CALENDAR
Sub. S.B.65, UTAH SCHOOL BOND GUARANTY ACT, read the third time by short title and placed on its final passage.
Sub. S.B.65 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 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 Lockman Matthews Moran Mortimer Murray Nelson Nielsen Olsen Oscarson Peterson Pignanelli Seitz Short M. Stephens N. Stephens Styler Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Wright Brown
Absent or not voting were: Representatives Carnahan Chard Dillree Gowans Protzman
Sub. S.B.65 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 Garn, under suspension of the rules, the House voted to lift S.J.R.6 from the Rules Committee and place it at the top of the Third Reading Calendar.
THIRD READING CALENDAR
S.J.R.6, RESOLUTION ON STATE'S AUTHORITY TO GUARANTEE THE DEBT OF SCHOOL DISTRICTS, under suspension of the rules, read the third time by short title and placed on its final passage.
S.J.R.6 then passed on the following roll call:
Yeas, 66; Nays, 0; Absent or not voting, 9.
Voting in the affirmative were: Representatives Adair Alexander S. Allen Anderson Arrington Atkinson Baca Barth Bigelow Bowman Bradford Bradshaw Bresnahan Bush Carlson Carnahan Chard Curtis Davis Ellertson B. Evans R. Evans Fox Frandsen Garn Goodfellow Gubler Harward Hatch Hendrickson Hickman Holladay Hunsaker Hunter Iverson Jensen B. Johnson K. Johnson Jones Killpack Knudson Koehn Larson Lockman Matthews Moran Murray Nelson Nielsen Oscarson Pignanelli Protzman Seitz Short M. Stephens N. Stephens Styler Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Wright Brown
Absent or not voting were: Representatives B. Allen Bodily Buffmire Dillree Gowans Haymond Mortimer Olsen Peterson
S.J.R.6 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 Valentine, under suspension of the rules, the House voted to lift S.J.R.7, JURY TRIAL RESOLUTION, from the Rules Committee and place it at the top of the Third Reading Calendar.
THIRD READING CALENDAR
S.J.R.7, JURY TRIAL RESOLUTION, under suspension of the rules, read the third time by short title and placed on its final passage.
S.J.R.7 then passed on the following roll call:
Yeas, 69; Nays, 3; Absent or not voting, 3.
Voting in the affirmative were: Representatives Adair Alexander S. Allen Anderson Arrington Atkinson Barth Bigelow Bodily Bowman Bradshaw Bresnahan Buffmire Bush Carlson Carnahan Curtis Davis Dillree Ellertson 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 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
Voting in the negative were: Representatives Bradford Hunter Lockman
Absent or not voting were: Representatives B. Allen Baca Chard
S.J.R.7 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 K. Johnson, the House voted to uncircle 2nd Sub. S.B.77.
2nd Sub. S.B.77, UTAH NEIGHBORHOOD DEVELOPMENT ACT AMENDMENTS, was before the House on its final passage.
2nd Sub. S.B.77, as amended, then passed on the following roll call:
Yeas, 70; Nays, 0; Absent or not voting, 5.
Voting in the affirmative were: Representatives Adair S. Allen Anderson Arrington Atkinson Barth Bigelow Bodily Bowman Bradford Bradshaw Bresnahan Buffmire Bush Carlson Carnahan Chard Curtis Davis Dillree Ellertson 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 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 Alexander B. Allen Baca B. Evans Harward
2nd Sub. S.B.77, as amended, was returned to the Senate for further consideration.
THIRD READING CALENDAR
S.B.28, WORK-BASED LEARNING PROGRAMS FOR INTERNS, read the third time by short title and placed on its final passage.
S.B.28 then passed on the following roll call:
Yeas, 69; Nays, 1; Absent or not voting, 5.
Voting in the affirmative were: Representatives Adair Alexander S. Allen Anderson Arrington Atkinson Barth Bigelow Bodily Bowman Bradshaw Bresnahan Buffmire Bush Carlson 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 Lockman Matthews Moran Murray Nelson Nielsen Oscarson Peterson Pignanelli Protzman Seitz Short M. Stephens N. Stephens Styler Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Wright Brown
Voting in the negative was: Representative Bradford
Absent or not voting were: Representatives B. Allen Baca Gowans Mortimer Olsen
S.B.28 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.
* * *
S.B.64, LIMITED LIABILITY COMPANIES, 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 4, Line 12: Delete "(1) One" and bracket "or more persons may form a" and insert "A" and after "company" insert "may be formed"
AMENDMENT No. 2
Page 4, Line 14:After "requirements of" insert "Subsection (2)(a) and"
AMENDMENT No. 3
Page 10, Line 13: After "in this state" bracket ", a domestic corporation," delete "or" and bracket "a foreign corporation authorized to do business"
AMENDMENT No. 4
Page 10, Line 14: Bracket "in this state"
Representatives B. Evans, Bradshaw, Short, and Bresnahan declared conflicts of interest.
S.B.64, as amended, then passed on the following roll call:
Yeas, 70; Nays, 0; Absent or not voting, 5.
Voting in the affirmative were: Representatives Adair Alexander S. Allen Anderson Arrington Atkinson 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 Hickman Holladay Hunsaker Hunter Iverson Jensen B. Johnson K. Johnson Jones Killpack Knudson Koehn Larson Lockman Matthews Moran Murray Nelson Nielsen Olsen Oscarson Peterson Pignanelli Protzman Seitz Short N. Stephens Styler Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Wright Brown
Absent or not voting were: Representatives B. Allen Baca Hendrickson Mortimer M. Stephens
S.B.64, as amended, was returned to the Senate for further consideration.
* * *
S.B.102, INCOME TAX - ADOPTION EXPENSES DEDUCTION, read the third time by short title and placed on its final passage.
Representative Protzman declared a conflict of interest.
On motion of Representative Short, the House voted to circle S.B.102.
* * *
S.B.70, DIVISION OF SERVICES FOR PEOPLE WITH DISABILITIES AMENDMENTS, read the third time by short title and placed on its final passage.
On motion of Representative Davis, the House voted to circle S.B.70.
* * *
S.B.87, INSURANCE BILLING CLAIMS PRACTICES, read the third time by short title and placed on its final passage.
On motion of Representative Harward, the House voted to circle S.B.87.
* * *
Sub. S.B.62, CHIROPRACTIC PRACTICE AMENDMENTS, read the third time by short title and placed on its final passage.
On motion of Representative Olsen, the House voted to circle Sub. S.B.62.
* * *
S.B.56, SERVICE CHARGE ON DISHONORED INSTRUMENTS, read the third time by short title and placed on its final passage.
On motion of Representative Arrington, the House voted to circle S.B.56.
HISTORICAL SPOTLIGHTS
Representatives Suazo and Keele Johnson 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 15, 1996
The Senate passed, as amended, S.B.97, PHYSICIAN AND HEALTH CARE PROVIDER PRACTICE AND IMMUNITY AMENDMENTS, by Senator R. Montgomery, and it is transmitted for consideration; and
The Senate passed S.B.180, SALES TAX EXEMPTION ON FOOD STAMPS, by Senator G. Mantes, et al, and it is transmitted for consideration; and
The Senate passed S.B.181, SALES TAX EXEMPTION - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM, by Senator G. Mantes, et al, and it is transmitted for consideration; and
The Senate passed S.B.183, REPEAL OF SALES TAX EXEMPTION, by Senator G. Mantes, et al, and it is transmitted for consideration.
Annette B. Moore Secretary of the Senate
Communications filed. S.B.97, as amended, S.B.180, S.B.181, and S.B.183, read the first time by short title and referred to the Rules Committee.
* * *
Mr. Speaker: February 15, 1996
The Senate passed, as amended, H.B.166, DENTAL PRACTICE REVISIONS, by Representative R. Killpack, and it is transmitted for further consideration.
Annette B. Moore Secretary of the Senate
Communication filed. On motion of Representative Killpack, the House voted to concur in the Senate amendments to H.B.166.
H.B.166, as amended by the Senate, then passed on the following roll call:
Yeas, 66; Nays, 0; Absent or not voting, 9.
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 Frandsen Garn Goodfellow Gowans Gubler Harward Hatch Haymond Hendrickson Hickman Holladay Hunsaker Hunter Iverson B. Johnson K. Johnson Jones Killpack Knudson Koehn Larson Lockman Matthews Moran Mortimer Murray Nelson Nielsen Olsen Peterson Protzman Seitz N. Stephens Styler Suazo Tyler Ure Waddoups Wright Brown
Absent or not voting were: Representatives Fox Jensen Oscarson Pignanelli Short M. Stephens Tanner Tuttle Valentine
H.B.166, as amended by the Senate, transmitted to the Senate for signature of the President.
* * *
Mr. Speaker: February 15, 1996
The Senate passed, as amended, Sub. H.B.63, EMPLOYMENT SECURITY ACT AMENDMENTS, by Representative F. Hunsaker, and it is transmitted for further consideration.
Annette B. Moore Secretary of the Senate
Communication filed. On motion of Representative Hunsaker, the House voted to concur in the Senate amendments to Sub. H.B.63.
Sub. H.B.63, as amended by the Senate, 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 Bowman Bradford Bradshaw Bresnahan Buffmire Bush Carlson Carnahan Chard Curtis Ellertson B. Evans R. Evans Fox Frandsen Garn Goodfellow Gowans Gubler Harward Hatch Haymond Hendrickson Holladay Hunsaker Hunter Iverson Jensen B. Johnson K. Johnson Jones Killpack Knudson Larson Lockman Matthews Moran Mortimer Murray Nelson Nielsen Olsen Oscarson Peterson Protzman Seitz N. Stephens Styler Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Wright Brown
Absent or not voting were: Representatives Davis Dillree Hickman Koehn Pignanelli Short M. Stephens
Sub. H.B.63, as amended by the Senate, transmitted to the Senate for signature of the President.
* * *
Mr. Speaker: February 15, 1996
The Senate passed, as amended, H.B.69, FORFEITURE OF WATER RIGHTS, by Representative D. Ure, and it is transmitted for further consideration.
Annette B. Moore Secretary of the Senate
Communication filed. On motion of Representative Ure, the House voted to concur in the Senate amendments to H.B.69.
H.B.69, as amended by the Senate, then passed on the following roll call:
Yeas, 55; Nays, 14; Absent or not voting, 6.
Voting in the affirmative were: Representatives B. Allen S. Allen Anderson Arrington Atkinson Baca Barth Bigelow Bodily Bowman Bradshaw Bresnahan Buffmire Carlson Carnahan Chard Curtis Davis Dillree Ellertson B. Evans R. Evans Fox Frandsen Garn Goodfellow Harward Hendrickson Hickman Holladay Hunsaker Iverson Jensen K. Johnson Jones Killpack Knudson Larson Lockman Matthews Moran Mortimer Nelson Nielsen Oscarson Peterson Pignanelli Protzman Suazo Tuttle Tyler Ure Valentine Waddoups Brown
Voting in the negative were: Representatives Adair Alexander Bradford Bush Gowans Hatch Hunter B. Johnson Olsen Seitz N. Stephens Styler Tanner Wright
Absent or not voting were: Representatives Gubler Haymond Koehn Murray Short M. Stephens
H.B.69, as amended by the Senate, transmitted to the Senate for signature of the President.
* * *
Mr. Speaker: February 15, 1996
The Senate concurred in the House amendments and passed S.B.47, EMPLOYMENT SECURITY INFORMATION, by Senator H. Stephenson, and it is transmitted for the signature of the Speaker; and
The Senate concurred in the House amendments and passed S.B.49, CHILD SUPPORT AMENDMENTS, by Senator L. Hillyard, and it is transmitted for the signature of the Speaker; and
The Senate concurred in the House amendments and passed House Sub. S.J.R.8, JOINT RULES RESOLUTION-AMENDMENTS TO JOINT RULES, by Senator Buhler, and it is transmitted for the signature of the Speaker; and
The Senate concurred in the House amendments and passed S.J.R.5, RESOLUTION REAFFIRMING SALE OF WINTER SPORTS PARK, by Senator A. Myrin, and it is transmitted for the signature of the Speaker; and
The Senate passed, H.B.29, ADJUSTMENT OF FREEWAY SPEED, by Representative M. Waddoups, which has been signed by the President and it is transmitted for the signature of the Speaker; and
The Senate passed, H.B.61, WATER SHARE PROCEDURES, by Representative D. Ure, which has been signed by the President and it is transmitted for the signature of the Speaker; and
The Senate passed, H.B.142, UTAH ADVISORY COUNCIL ON INTERGOVERNMENTAL RELATIONS AMENDMENTS, by Representative M. Dillree, which has been signed by the President and it is transmitted for the signature of the Speaker; and
The Senate passed, H.B.170, VETERANS LICENSE PLATES, by Representative J. Arrington, which has been signed by the President and it is transmitted for the signature of the Speaker; and
The Senate passed, H.B.203, SALES TAX - USE OF FUELS AND TECHNICAL CORRECTIONS, by Representative J. Valentine, which has been signed by the President and it is transmitted for the signature of the Speaker; and
The Senate passed, H.C.R.2, RESOLUTION INTEGRATING UTAH TOMORROW PRINCIPLES, by Representative A. Bradshaw, et al, which has been signed by the President and it is transmitted for the signature of the Speaker; and
The Senate passed, H.J.R.6, RESOLUTION SUPPORTING ANDALEX SMOKY HOLLOW COAL MINE, by Representative T. Hatch, 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. S.B.47, S.B.49, House Sub. S.J.R.8, and S.J.R.5, were 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.
H.B.29, H.B.61, H.B.142, H.B.170, H.B.203, H.C.R.2, and H.J.R.6 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 15, 1996
The Rules Committee has ordered the following house bills and resolutions printed and recommends the following bills be assigned to standing committees:
BUSINESS, LABOR, AND ECONOMIC DEVELOPMENT
H.B.390 Insurance Law Amendments (E. Olsen)
S.B.125 Charitable Solicitations Act Amendments (D. Watson)
EDUCATION
H.B.204 Higher Education Review Commission (J. Hickman)
H.B.492 Collection of Student Loans (L. Nelson)
ENERGY, NATURAL RESOURCES, AND AGRICULTURE
Sub. S.B.48 Land and Water Conservation Commission (L. Blackham)
HEALTH AND ENVIRONMENT
Sub. S.B.36 Air Quality Permit Application Amendments (M. Dmitrich)
S.B.79 Pharmacy Practice Revision And Amendments (J. Holmgren)
2nd Sub. S.B.127 Youth Alcohol Amendments (C. Taylor)
HUMAN SERVICES
H.R.3 Resolution Encouraging Certain West Side Salt Lake County Cities (R. Evans)
JUDICIARY
S.B.124 Expanding The Number of Judges (C. Taylor)
S.B.165 Court Organization And Jurisdiction Act (L. Hillyard)
S.J.R.9 Resolution Amending Local Government Article (M. Dmitrich)
REVENUE AND TAXATION
H.B.393 Sales Tax For Infrastructure (J. Gowans)
2nd Sub. S.B.106 Sales Tax Treatment of Schools, School Meals, And School Fundraisers (L. Poulton)
STATE AND LOCAL AFFAIRS
H.B.340 Planning and Zoning for Group Homes (G. Davis)
H.B.345 Recording Subdivisions of Land (S. Koehn)
Sub. S.B.98 State Risk Management Coverage of Teachers (L. Poulton)
S.B.163 Utah Pioneer Communities Advisory Board (L. Blackham)
TRANSPORTATION AND PUBLIC SAFETY
H.B.435 Funding Utah Department of Transportation Selective Salary Adjustments (M. Dillree)
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 15, 1996
The Health and Environment Committee reports a favorable recommendation on H.B.267, HIV TESTING, by Representative A. Bradshaw; and
The Health and Environment Committee recommends H.B.236, SCHOOL BREAKFAST PROGRAM, by Representative S. Allen, be replaced and favorably recommends Sub. H.B.236, SCHOOL BREAKFAST PROGRAM.
Robert H.M. Killpack, Chair
Reports filed. On motion of Representative Killpack, the reports of the Health and Environment committee were adopted.
H.B.267 and Sub. H.B.236, read the second time by short title and placed on the calendar for third reading.
NOTICE OF BILL RETURNED TO RULES COMMITTEE
Mr. Speaker: February 15, 1996
The Health and Environment Committee has returned H.B.88, HEALTH CARE FACILITY PROFITS, by Representative T. Matthews, to the Rules Committee.
Robert H.M. Killpack, Chair
Report filed. H.B.88 was returned to the Rules Committee.
REPORT OF STANDING COMMITTEE
Mr. Speaker: February 15, 1996
The Education Committee reports a favorable recommendation on H.B.315, ADMINISTRATORS IN THE PUBLIC SCHOOLS, by Representative J. Alexander, with the following amendment:
Page 2, Line 1-2: After "of" delete the remainder of the line and insert "an earned baccalaureate degree from an accredited college or university."
Beverly Ann Evans, Chair
Report filed. On motion of Representative B. Evans, the report of the Education committee was adopted.
H.B.315, as amended, read the second time by short title and placed on the calendar for third reading.
UNFINISHED BUSINESS
On motion of Representative Oscarson, the House voted to uncircle S.B.56.
S.B.56, SERVICE CHARGE ON DISHONORED INSTRUMENTS, was before the House on its final passage.
On motion of Representative Tyler, the House voted to circle S.B.56.
* * *
On motion of Representative Davis, the House voted to uncircle S.B.70.
S.B.70, DIVISION OF SERVICES FOR PEOPLE WITH DISABILITIES AMENDMENTS, was before the House on its final passage.
S.B.70 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 Bradford Bresnahan Buffmire Bush Carlson Carnahan Chard Curtis Davis Dillree Ellertson B. Evans R. Evans Fox Frandsen Goodfellow Gowans Gubler Harward Hatch Haymond Hendrickson Hickman Holladay Hunsaker Hunter Iverson 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 Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Wright Brown
Absent or not voting were: Representatives Bowman Bradshaw Garn Matthews Styler
S.B.70 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.
* * *
On motion of Representative Oscarson, the House voted to uncircle S.B.56.
S.B.56, SERVICE CHARGE ON DISHONORED INSTRUMENTS, was before the House on its final passage.
S.B.56 then failed to pass on the following roll call:
Yeas, 29; Nays, 44; Absent or not voting, 2.
Voting in the affirmative were: Representatives Alexander Barth Bodily Bradford Bradshaw Buffmire Carlson Carnahan Chard Curtis Davis Dillree Frandsen Goodfellow Gowans Hunsaker Hunter Jones Knudson Larson Matthews Oscarson Peterson Seitz Short Styler Suazo Tuttle Tyler
Voting in the negative were: Representatives Adair B. Allen S. Allen Anderson Arrington Atkinson Baca Bigelow Bowman Bresnahan Bush Ellertson B. Evans R. Evans Fox Gubler Harward Hatch Haymond Hendrickson Hickman Holladay Iverson Jensen B. Johnson K. Johnson Killpack Koehn Lockman Moran Mortimer Murray Nelson Nielsen Olsen Protzman M. Stephens N. Stephens Tanner Ure Valentine Waddoups Wright Brown
Absent or not voting were: Representatives Garn Pignanelli
S.B.56 was returned to the Senate for filing.
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 Hunter, the House voted to uncircle Sub. H.B.67.
On motion of Representative Hunter, the House voted to delete Sub. H.B.67 in title and body and insert 2nd Sub. H.B.67 in lieu thereof.
On motion of Representative Knudson, the House voted to delete 2nd Sub. H.B.67 in title and body and insert 3rd Sub. H.B.67 in lieu thereof.
3rd Sub. H.B.67, REDEVELOPMENT AGENCY AMENDMENTS, was before the House on its final passage.
Representative Adair declared a conflict of interest.
On motion of Representative Garn, the House voted to circle 3rd Sub. H.B.67.
* * *
On motion of Representative Holladay, the House voted to uncircle H.B.103.
H.B.103, BUILDING CODE AMENDMENTS, was before the House on its final passage.
On motion of Representative Holladay, the bill was amended as follows:
AMENDMENT No. 1
Page 4, Line 25: After line 25 insert: "(c) In making rules required by this chapter, the division shall comply with the provisions of the Administrative Rulemaking Act, Title 63, Chapter 46a. The provisions of that chapter shall control over this section in case of any conflict."
On motion of Representative M. Stephens, the bill was amended as follows:
AMENDMENT No. 2
Page 4, Line 25: Insert: "(10) The commission shall study the necessity of an engineer's stamp on all building permits."
AMENDMENT No. 3
Page 4, Line 25: Refer to Amendment No. 2 above and at the end insert: "This study shall be reported to the Business and Labor Interim committee by November 1996."
H.B.103, as amended, 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 Ellertson B. Evans R. Evans Fox Frandsen Garn Goodfellow Gowans Gubler Harward Haymond Hendrickson Hickman Holladay Hunsaker Hunter Jensen K. Johnson Jones Killpack Knudson Koehn Larson Lockman Matthews Moran Mortimer Murray Nelson Nielsen 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 Hatch Iverson B. Johnson Olsen
H.B.103, as amended, transmitted to the Senate for its consideration.
COMMITTEE OF THE WHOLE
On motion of Representative Fox, the House resolved itself into a Committee of the Whole, with the Speaker as Chairman, for the purpose of hearing from the Yankee Clippers in honor of Utah Recording Artists month.
On motion of Representative Fox, the Committee of the Whole was dissolved.
MISCELLANEOUS BUSINESS
On motion of Representative Fox, the House voted to move to the Senate Third Reading Calendar and uncircle S.B.102.
On motion of Representative M. Stephens, S.B.102 was returned to the Rules Committee due to fiscal impact.
On motion of Representative Fox, the House voted to adjourn until February 16, at 9:30 a.m.
