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FORTIETH DAY * * *

MORNING SESSION

The House was called to order by Speaker Brown at 8:00 a.m.

Roll call showed all members present except Representative Bill Wright, excused.

Pledge of Allegiance and prayer by Representative Don E. Bush.

COMMUNICATIONS FROM THE SENATE

Mr. Speaker: February 22, 1996

The Senate passed, as substituted, Sub. S.B.117, UTAH NEIGHBORHOOD DEVELOPMENT ACT - DEVELOPMENT OF SPORTS COMPLEX, by Senator E. Mayne, et al, and it is transmitted for consideration; and

The Senate passed S.B.126, AMENDMENTS TO SEAT BELT REQUIREMENTS, by Senator C. Stewart, and it is transmitted for consideration; and

The Senate passed, as amended, S.B.144, DIVISION OF PARKS AND RECREATION APPROPRIATION, by Senator D. Steele, and it is transmitted for consideration; and

The Senate passed, as substituted, Sub. S.B.159, AMENDMENTS - TRANSIENT ROOM TAX, by Senator M. Dmitrich, and it is transmitted for consideration; and

The Senate passed, as amended, S.B.169, LOCAL WATER DEVELOPMENT INCENTIVE ACT, by Senator J. Holmgren, and it is transmitted for consideration; and

The Senate passed, as amended, S.B.202, PROPERTY TAX - VETERANS EXEMPTION QUALIFICATION, by Senator R. Steiner, and it is transmitted for consideration; and

The Senate passed, as amended, S.B.187, SOLID WASTE AMENDMENTS, by Senator B. Wharton, and it is transmitted for consideration.

Annette B. Moore Secretary of the Senate

Communications filed. Sub. S.B.117, S.B.126, S.B.144, as amended, Sub. S.B.159, S.B.169, as amended, S.B.202, as amended, S.B.187, as amended, read

the first time by short title and referred to the Rules Committee.

* * *

Mr. Speaker: February 22, 1996

The Senate refuses to recede from its amendments to H.B.146, RURAL HEALTH CARE PROVIDER AMENDMENTS, by Representative J. Haymond, and has appointed a Conference Committee consisting of Senators Blackham, Tanner, and Mayne to meet with a like committee from the House on this bill.

Annette B. Moore Secretary of the Senate

Communication filed. On motion of Representative Haymond, the Speaker was authorized to appoint a conference committee. The Speaker appointed Representatives Haymond, Johnson, and Gowans.

CONSENT CALENDAR

H.B.370, MERITLESS AND BAD FAITH INMATE LITIGATION DETERRENCE AMENDMENTS, read the third time by short title and placed on its final passage.

H.B.370 then passed on the following roll call:

Yeas, 61; Nays, 0; Absent or not voting, 14.

Voting in the affirmative were: Representatives Adair Alexander B. Allen S. Allen Anderson Arrington Atkinson Barth Bodily Bowman Bradford Bresnahan Buffmire Bush Carlson Carnahan Chard Curtis Davis Dillree Ellertson R. Evans Fox Frandsen Garn Goodfellow Gubler Harward Hatch Haymond Hendrickson Holladay Hunsaker Hunter Iverson B. Johnson K. Johnson Jones Killpack Knudson Koehn Lockman Matthews Moran Mortimer Murray Nelson Nielsen Olsen Oscarson Seitz M. Stephens N. Stephens Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Brown

Absent or not voting were: Representatives Baca Bigelow Bradshaw B. Evans Gowans Hickman Jensen Larson Peterson Pignanelli Protzman Short Styler Wright

H.B.370 transmitted to the Senate for its consideration.

* * *

H.B.344, MUNICIPAL JUSTICE COURTS, read the third time by short title and placed on its final passage.

H.B.344, as amended, then passed on the following roll call:

Yeas, 65; Nays, 1; Absent or not voting, 9.

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

Voting in the negative was: Representative Valentine

Absent or not voting were: Representatives Baca Bigelow Carnahan B. Evans Hickman Peterson Protzman Short Wright

H.B.344, as amended, transmitted to the Senate for its consideration.

* * *

H.B.364, DIVISION OF FORESTRY, FIRE AND STATE LANDS, read the third time by short title and placed on its final passage.

H.B.364 then passed on the following roll call:

Yeas, 63; Nays, 0; Absent or not voting, 12.

Voting in the affirmative were: Representatives Adair Alexander B. Allen S. Allen Anderson Arrington Atkinson Barth Bodily Bowman Bradford Bradshaw Bresnahan Buffmire Bush Carlson Carnahan Chard Curtis Davis Dillree R. Evans Frandsen Garn Goodfellow Gubler Harward Hatch Hendrickson Holladay Hunsaker Hunter Iverson Jensen B. Johnson K. Johnson Jones Killpack Knudson Koehn Larson Lockman Matthews Moran Mortimer Murray Nelson Nielsen Olsen Oscarson Pignanelli Seitz M. Stephens N. Stephens Styler Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Brown

Absent or not voting were: Representatives Baca Bigelow Ellertson B. Evans Fox Gowans Haymond Hickman Peterson Protzman Short Wright

H.B.364 transmitted to the Senate for its consideration.

THIRD READING CALENDAR

H.B.336, STATE BUILDINGS - PREVENTATIVE MAINTENANCE,read the third time by short title and placed on its final passage.

On motion of Representative Adair, the House voted to circle H.B.336.

* * *

Sub. H.B.330, OVERSIGHT OF FEDERAL MANDATES, read the third time by short title and placed on its final passage.

Sub. H.B.330 then passed on the following roll call:

Yeas, 67; Nays, 0; Absent or not voting, 8.

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

Absent or not voting were: Representatives Baca Bigelow B. Evans Hickman Peterson Pignanelli Short Wright

Sub. H.B.330 transmitted to the Senate for its consideration.

* * *

H.B.488, ELIMINATION OF VOTER REGISTRATION AGENTS, read the third time by short title and placed on its final passage.

H.B.488, 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 Hatch Hendrickson Hickman Holladay Hunsaker Hunter Iverson Jensen B. 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 Tanner Tuttle Tyler Ure Valentine Waddoups Brown

Absent or not voting were: Representatives Haymond K. Johnson Peterson Wright

H.B.488, as amended, transmitted to the Senate for its consideration.

UNFINISHED BUSINESS

On motion of Representative Adair, the House voted to uncircle H.B.336.

H.B.336, STATE BUILDINGS - PREVENTATIVE MAINTENANCE, was before the House on its final passage.

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

AMENDMENT No. 1

Refer to the State and Local Affairs Standing Committee Report dated February 12, 1996 Items #1-3: Delete items #2 and 3

AMENDMENT No. 2

Page 3, Lines 30-31: Delete lines 30 through 31 and insert:

"(iii) In prioritizing capital improvements, the board shall consider the results of facility evaluations completed by an architect/engineer as stipulated by the board's facilities maintenance standards."

AMENDMENT No. 3

Page 6, Line 1: After "education" insert "and applied technology centers"

AMENDMENT No. 4

Page 6, Line 19:After "education" insert "and applied technology centers"

AMENDMENT No. 5

Page 6, Line 21: After "education" insert "and each applied technology center"

H.B.336, 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 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 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 M. Stephens N. Stephens Styler Suazo Tanner Tuttle Tyler Waddoups Brown

Absent or not voting were: Representatives Holladay Peterson Ure Valentine Wright

H.B.336, as amended, transmitted to the Senate for its consideration.

THIRD READING CALENDAR

H.B.334, MUNICIPAL BUILDING AUTHORITY BOND ISSUANCE, read the third time by short title and placed on its final passage.

On motion of Representative Chard, the House voted to circle H.B.334.

* * *

H.B.413, STATE BUILDING AUTHORITY, read the third time by short title and placed on its final passage.

H.B.413 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 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 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 N. Stephens Styler Suazo Tanner Tuttle Tyler Waddoups Brown

Absent or not voting were: Representatives Arrington Hickman M. Stephens Ure Valentine Wright

H.B.413 transmitted to the Senate for its consideration.

* * *

H.B.339, COUNTY PLANNING DISTRICTS, read the third time by short title and placed on its final passage.

On motion of Representative Olsen, the House voted to circle H.B.339.

* * *

H.B.312, TERMINATION PROCEDURES FOR SCHOOL EMPLOYEES, read the third time by short title and placed on its final passage.

Representatives Oscarson and Atkinson declared conflicts of interest.

H.B.312, as amended, then passed on the following roll call:

Yeas, 41; Nays, 29; Absent or not voting, 5.

Voting in the affirmative were: Representatives B. Allen S. Allen Anderson Arrington Atkinson Baca Barth Bigelow Bowman Bradshaw Buffmire Carlson Carnahan Chard Curtis Davis Dillree B. Evans R. Evans Fox Frandsen Goodfellow Gubler Haymond Hendrickson Holladay Jones Koehn Larson Lockman Matthews Moran Nielsen Oscarson Peterson Pignanelli Short Styler Suazo Tuttle Tyler

Voting in the negative were: Representatives Adair Alexander Bodily Bradford Bresnahan Bush Ellertson Garn Gowans Harward Hatch Hickman Hunsaker Hunter Iverson Jensen B. Johnson Killpack Knudson Mortimer Murray Olsen Seitz M. Stephens N. Stephens Tanner Ure Waddoups Brown

Absent or not voting were: Representatives K. Johnson Nelson Protzman Valentine Wright

H.B.312, 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 U.S. Senator Orrin Hatch.

On motion of Representative Fox, the Committee of the Whole was dissolved.

THIRD READING CALENDAR

H.B.418, SECURE FACILITIES AMENDMENTS, read the third time by short title and placed on its final passage.

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

AMENDMENT No. 1

Page 6, Line 9: After "(3)" delete "Any" and insert "Unless authorized by the rules of judicial administration, any"

H.B.418, as amended, then passed on the following roll call:

Yeas, 65; Nays, 0; Absent or not voting, 10.

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

Absent or not voting were: Representatives Arrington B. Evans R. Evans Harward Jones Knudson Moran Valentine Wright Brown

H.B.418, as amended, transmitted to the Senate for its consideration.

UNFINISHED BUSINESS

On motion of Representative Olsen, the House voted to uncircle H.B.339.

H.B.339, COUNTY PLANNING DISTRICTS, was before the House on its final passage.

H.B.339 then passed on the following roll call:

Yeas, 61; Nays, 2; Absent or not voting, 12.

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 Fox Frandsen Garn Goodfellow Gowans Gubler Hatch Hendrickson Hickman Hunsaker Iverson B. Johnson K. Johnson Knudson Koehn Larson Lockman Matthews Moran Murray Nelson Nielsen Olsen Pignanelli Protzman Seitz Short M. Stephens N. Stephens Styler Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Brown

Voting in the negative were: Representatives Bradford Hunter

Absent or not voting were: Representatives Dillree R. Evans Harward Haymond Holladay Jensen Jones Killpack Mortimer Oscarson Peterson Wright

H.B.339 transmitted to the Senate for its consideration.

REPORTS OF STANDING COMMITTEES

Mr. Speaker: February 23, 1996

The Energy, Natural Resources, and Agriculture Committee reports a favorable recommendation on H.B.490, SALES TAX - EXEMPTION FOR MANUFACTURER ON REPLACEMENT PARTS, by Representative E. Anderson, with the following amendments:

Page 3, Line 21: After "equipment" insert "related to the manufacturing process"; and

The Energy, Natural Resources, and Agriculture Committee reports a favorable recommendation on H.C.R.9, WATER CONSERVATION AND PLANNING RESOLUTION, by Representative M. Brown, with the following amendments:

Page 1, Line 24: Delete "finding" and insert "funding"; and

The Energy, Natural Resources, and Agriculture Committee reports a favorable recommendation on H.C.R.8, COLORADO RIVER STUDY RESOLUTION, by Representative M. Brown, with the following amendments:

Page 1, Lines 21-22: After "needs" delete ", and the state of Nevada has indicated a willingness to lease a portion of Utah's unused allocation"; and

The Energy, Natural Resources, and Agriculture Committee reports a favorable recommendation on H.B.377, APPROPRIATION FOR COUNTY LAND PLAN ASSISTANCE, by Representative D. Iverson; and

The Energy, Natural Resources, and Agriculture Committee reports a favorable recommendation on H.B.432, PUBLIC SAFETY COOPERATION ACT, by Representative R. Ellertson; and

The Energy, Natural Resources, and Agriculture Committee reports a favorable recommendation on S.B.172, PURCHASE OF RETIREMENT SERVICE CREDIT, by Senator L. Hillyard, and recommends it be placed on the Consent Calendar; and

The Energy, Natural Resources, and Agriculture Committee reports a favorable recommendation on S.B.160, ACCESS TO PRIVATE RECORDS, by Senator R. Montgomery, 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.

H.B.490, as amended, H.C.R.9, as amended, H.C.R.8, as amended, H.B.377, and H.B.432, read the second time by short title and referred to the Rules Committee.

S.B.172 and S.B.160, read the second time by short title and placed on the Consent Calendar.

NOTICE OF BILL TABLED

Mr. Speaker: February 23, 1996

The Energy, Natural Resources, and Agriculture Committee has tabled H.B.338, PROCUREMENT OF PROFESSIONAL ARCHITECT, ENGINEER, OR SURVEYOR SERVICES BY POLITICAL SUBDIVISIONS, by Representative A. Tyler, and has returned it to the Rules Committee.

Bradley T. Johnson, Chair

Report filed. H.B.338, tabled in committee and returned to the Rules Committee.

REPORTS OF STANDING COMMITTEES

Mr. Speaker: February 23, 1996

The Transportation and Public Safety Committee reports a favorable recommendation on H.B.483, PERSONAL GUARANTEE AMENDMENTS, by Representative K. Garn; and

The Transportation and Public Safety Committee reports a favorable recommendation on H.B.453, PROCUREMENT CODE - DESIGN-BUILD AMENDMENTS, by Representative S. Bodily; and

The Transportation and Public Safety Committee recommends H.B.207, SELF-INSURED PREMIUM ASSESSMENT, by Representative G. Adair, be replaced and favorably recommends Sub. H.B.207, SELF-INSURED PREMIUM ASSESSMENT; and

The Transportation and Public Safety Committee reports a favorable recommendation on H.B.428, SOUTH JORDAN TRANSPORTATION FUNDING, by Representative R. Evans; and

The Transportation and Public Safety Committee reports a favorable recommendation on H.J.R.19, RESOLUTION ON FREEZING TAXES OR RATES OF THE ELDERLY, by Representative G. Davis; and

The Transportation and Public Safety Committee reports a favorable recommendation on H.B.328, OUTDOOR ADVERTISERS - TRIMMING TREES, by Representative K. Atkinson, with the following amendments:

Page 1, Lines 25-26: Delete "without visible obstruction by trees or" delete line 26 and insert "for a 500 foot viewing area immediately approaching the sign in each direction. The costs of any approved foliage control shall be the responsibility of the permit holder making the request for the foliage control."; and

The Transportation and Public Safety Committee reports a favorable recommendation on H.B.487, ELECTION LAW TECHNICAL AMENDMENTS, by Representative D. Peterson, with the following amendments:

Page 13, Line 15: After line 15 insert:

"(iii) Each day during the filing period, the lieutenant governor shall notify the appropriate county clerks electronically by fax or by telephone of legislative candidates who have filed in the lieutenant governor's office."

Page 15, Line 6: After "clerk" insert "before 5:00 p.m. and"

Page 17, Line 16: Delete "15" and insert "30"

Don E. Bush, Chair

Reports filed. On motion of Representative Bush, the reports of the Transportation and Public Safety committee were adopted.

H.B.483, H.B.453, Sub. H.B.207, H.B.428, H.J.R.19, H.B.328, as amended, and H.B.487, as amended, read the second time by short title and referred to the Rules Committee.

* * *

Mr. Speaker: February 23, 1996

The Revenue and Taxation Committee reports a favorable recommendation on H.B.384, PROPERTY TAX - EXCEEDING THE CERTIFIED TAX RATE, by Representative J.

Alexander.

Raymond W. Short, Chair

Reports filed. On motion of Representative Short, the reports of the Revenue and Taxation committee were adopted.

H.B.384, read the second time by short title and referred to the Rules Committee.

* * *

Mr. Speaker: February 22, 1996

The Judiciary Committee reports a favorable recommendation on S.J.R.9, RESOLUTION AMENDING LOCAL GOVERNMENT ARTICLE, by Senator M. Dmitrich; and

The Judiciary Committee reports a favorable recommendation on S.B.161, DIVISION OF CONSUMER PROTECTION INVESTIGATOR STATUS, by Senator D. Buhler; and

The Judiciary Committee reports a favorable recommendation on Sub. S.B.110, JUSTICE COURT JUDGE SALARY LIMITS, by Senator B. Richards, with the following amendments:

Page 1, Line 5 (Goldenrod Feb 13, 1996): After "CODE;" Delete "AMENDING" and insert "REMOVING"

Page 1, Line 6 (Goldenrod Feb 13, 1996): After "JUDGES" delete "TO EXEMPT JUSTICE COURT JUDGES WHO"

Page 1, Line 7 (Goldenrod Feb 13, 1996): Delete line 7.

Page 1, Line 8 (Goldenrod Feb 13, 1996): Delete "COURT JUDGES FROM PRACTICING LAW"

Page 1, Lines 24-26 (Goldenrod Feb 13, 1996): Delete lines 24 through 26.

Byron L. Harward, Chair

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

S.J.R.9, S.B.161, and Sub. S.B.110, as amended, read the second time by short title and referred to the Rules Committee.

UNFINISHED BUSINESS

On motion of Representative Ure, the House voted to uncircle H.B.334.

H.B.334, MUNICIPAL BUILDING AUTHORITY BOND ISSUANCE, was before the House on its final passage.

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

AMENDMENT No. 1

Page 2, Lines 9-11: Delete lines 9 through 11 and insert:

"(10) (a) Before issuing any bonds, the authority board shall give public notice of its intent to issue bonds.

(b) The board shall submit the question of whether or not to issue any bond to the voters for their approval or rejection if, within 45 calendar days of the notice, a written petition requesting an election and signed by at least 5% of the registered voters in the public body is filed with the authority board."

H.B.334, as amended, then passed on the following roll call:

Yeas, 65; Nays, 1; 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 Bresnahan Buffmire Bush Carlson Carnahan Chard Curtis Davis Dillree Ellertson B. Evans R. Evans Fox Garn Goodfellow Gowans Gubler Harward Hatch Haymond Hendrickson Hickman Holladay Hunsaker Hunter Iverson Jensen Killpack Knudson Koehn Larson Lockman Matthews Moran Mortimer Murray Nelson Olsen Oscarson Peterson Protzman Seitz Short N. Stephens Styler Suazo Tanner Tuttle Tyler Ure Waddoups Brown

Voting in the negative was: Representative Frandsen

Absent or not voting were: Representatives Bradshaw B. Johnson K. Johnson Jones Nielsen Pignanelli M. Stephens Valentine Wright

H.B.334, as amended, transmitted to the Senate for its consideration.

THIRD READING CALENDAR

H.B.269, ADVERTISING PROPOSED TAX INCREASE, read the third time by short title and placed on its final passage.

On motion of Representative E. Anderson, the House voted to circle H.B.269.

* * *

H.B.256, CONTROLLED SUBSTANCES ACT AMENDMENTS, read the third time by short title and placed on its final passage.

On motion of Representative Dillree, the House voted to delete H.B.256 in title and body and insert Sub. H.B.256 in lieu thereof.

Sub. H.B.256 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 Baca Barth Bigelow Bowman Bradford Bradshaw Bresnahan Buffmire Bush Carlson Carnahan Chard Curtis Davis Dillree Ellertson R. Evans Fox Frandsen Goodfellow Gowans Gubler Harward Hatch Hendrickson Hickman Holladay Hunsaker Hunter Iverson Jensen B. Johnson 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 Brown

Absent or not voting were: Representatives Atkinson Bodily B. Evans Garn Haymond K. Johnson Jones Pignanelli Wright

Sub. H.B.256 transmitted to the Senate for its consideration.

* * *

Sub. H.B.255, ENVIRONMENTAL LIEN ACT, read the third time by short title and placed on its final passage.

Sub. H.B.255, as amended, then failed to pass on the following roll call:

Yeas, 26; Nays, 43; Absent or not voting, 6.

Voting in the affirmative were: Representatives Anderson Atkinson Baca Barth Bradshaw Buffmire Carlson Davis Dillree Ellertson Fox Goodfellow Hendrickson Holladay K. Johnson Koehn Larson Oscarson Peterson Protzman M. Stephens Styler Suazo Tanner Tyler Waddoups

Voting in the negative were: Representatives Adair Alexander B. Allen S. Allen Arrington Bigelow Bodily Bowman Bradford Bresnahan Bush Carnahan Chard Curtis B. Evans R. Evans Frandsen Gowans Gubler Harward Hatch Hickman Hunsaker Hunter Iverson Jensen B. Johnson Killpack Knudson Lockman Matthews Moran Mortimer Murray Nelson Nielsen Olsen Seitz Short N. Stephens Tuttle Ure Valentine

Absent or not voting were: Representatives Garn Haymond Jones Pignanelli Wright Brown

Sub. H.B.255, as amended, was filed.

* * *

H.B.475, LOCAL TAXING AUTHORITY, read the third time by short title and placed on its final passage.

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

AMENDMENT No. 1

Page 1, Line 11: After "HIGHWAYS TAX" delete "UNDER CERTAIN CIRCUMSTANCES"

AMENDMENT No. 2

Page 1, Line 15: After line 15 insert:"59-12-108, as amended by Chapter 53, Laws of Utah 1993"

AMENDMENT No. 3

Page 2, Line 26: After "business that" delete "incurs" and insert "causes"

AMENDMENT No. 4

Page 3, Line 8: After "control," insert "parking, transportation, beautification,"

AMENDMENT No. 5

Page 3, Line 10: After "that" delete "incurs" and insert "causes"

AMENDMENT No. 6

Page 3, Line 13: After line 13 insert:

"Section 2. 59-12-108 is amended to read:

59-12-108 Monthly payment -- Penalty.

(1) Any person whose tax liability under this part [and], Part 2, The Local Sales and Use Tax Act, Part 5, Public Transit Tax, and Part 10, Highways Tax, was $50,000 or more for the previous year shall, on or before the last day of the month next succeeding each calendar month, file with the commission a return for the preceding monthly period. The vendor shall remit with the return the amount of the state and local tax required under [Parts 1] this part, Part 2, [and] The Local Sales and Use Tax Act, Part 5, Public Transit Tax, and Part 10, Highways Tax, of this chapter to be collected or paid for the period covered by the return. The commission shall establish by rule the procedures and guidelines in determining the tax liability under this section.

(2) Any person whose tax liability under this part, Part 2, [and] The Local Sales and Use Tax Act, Part 5 , Public Transit Tax, and Part 10, Highways Tax, was $96,000 or more for the previous year shall remit the monthly amount of state and local tax payment due under this section to the tax commission by electronic funds transfer.

(3) (a) Except as provided in Subsection (b), a vendor who is required to remit taxes monthly under this section may retain an amount not to exceed 1.5% of the total monthly sales tax collected under [Part 1 of] this [chapter] part, and 1% of the total monthly sales tax collected under [Parts] Part 2 [and], The Local Sales and Use Tax Act, Part 5, Public Transit Tax, and Part 10, Highways Tax, of this chapter for the cost to it of collecting and remitting sales and use taxes to the commission on a monthly basis.

(b) A state government entity that is required to remit taxes monthly under this chapter may not retain any portion of the taxes it collects to cover the costs of collecting and remitting sales and use taxes to the commission.

(4) Penalties for late payment shall be as provided in Section 59-1-401."

Renumber remaining sections accordingly.

AMENDMENT No. 7

Page 4, Line 1: Delete Line 1.

AMENDMENT No. 8

Page 4, Line 2: At the beginning of Line 2, delete "(2)" and insert "(1)"

AMENDMENT No. 9

Page 4, Line 6: After "court;" delete "and"

AMENDMENT No. 10

Page 4, Line 7: After "inn" delete "." and insert ";" and after line 7 insert:

"(e) a bed and breakfast establishment;

(f) a condominium; and

(g) a resort home.

(2) "Rents" include:

(a) rents; and

(b) timeshare fees or dues."

AMENDMENT No. 11

Page 4, Line 13: After "tax on" delete "a person"

AMENDMENT No. 12

Page 4, Line 14: At the beginning of Line 14, delete "engaging in the business of providing" and insert "the rents charged to transients occupying"

AMENDMENT No. 13

Page 4, Line 15: After "charged" delete "to transients by that person"

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

AMENDMENT No. 14

Page 4, Line 30: Before "took" insert "prior to July 1, 1996,"

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

AMENDMENT No. 15

Refer to Revenue and Taxation Standing Committee Report dated 2-21-96 Item #4

Page 6, Line 16: Delete committee amendment.

AMENDMENT No. 16

Refer to Revenue and Taxation Standing Committee Report dated 2-21-96 Item #5

Page 6, Line 17: Delete committee amendment.

AMENDMENT No. 17

Refer to Revenue and Taxation Standing Committee Report dated 2-21-96 Item #6

Page 6, Line 18: Delete committee amendment

AMENDMENT No. 18

Page 6, Line 16: After "election" insert "during"

AMENDMENT No. 19

Page 6, Line 17: After "(i)" Delete "during" and after "a" insert "regular"

AMENDMENT No. 20

Page 6, Line 18: After "(ii)"delete "by calling a special" and insert "a municipal general"

Renumber remaining sections accordingly

On motion of Representative Bresnahan, the House voted to circle H.B.475.

* * *

H.B.241, TRANSIENT ROOM TAX AMENDMENTS, read the third time by short title and placed on its final passage.

On motion of Representative Hatch, the House voted to delete H.B.241 in title and body and insert Sub. H.B.241 in lieu thereof.

Sub. H.B.241 then passed on the following roll call:

Yeas, 65; Nays, 2; Absent or not voting, 8.

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

Voting in the negative were: Representatives Anderson Ure

Absent or not voting were: Representatives Chard Fox Garn Haymond Jones M. Stephens Tuttle Wright

Sub. H.B.241 transmitted to the Senate for its consideration.

* * *

H.B.219, COUNTERFEIT FINANCIAL TRANSACTION CARD AMENDMENTS, read the third time by short title and placed on its final passage.

H.B.219 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 Garn Goodfellow Gowans Gubler Harward Haymond Hendrickson Hickman Holladay Hunsaker Hunter Iverson Jensen B. Johnson K. Johnson 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 Brown

Absent or not voting were: Representatives Bowman Bradshaw Hatch Jones Wright

H.B.219 transmitted to the Senate for its consideration.

* * *

H.B.350, SCHOOL BUS PARKING ZONES, read the third time by short title and placed on its final passage.

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

AMENDMENT No. 1

Page 1, Line 18: After "locate" insert "clearly identified"

AMENDMENT No. 2

Page 1, Line 24: Before "school" insert "clearly identified"

H.B.350, as amended, then passed on the following roll call:

Yeas, 63; Nays, 0; Absent or not voting, 12.

Voting in the affirmative were: Representatives Adair Alexander Anderson Arrington Atkinson Baca Barth Bigelow Bodily Bowman Bradford Bradshaw Bresnahan Buffmire Bush Carlson Carnahan Chard Curtis Davis Dillree B. Evans R. Evans Frandsen Goodfellow Gowans Gubler Harward Hatch Haymond Hendrickson Holladay Hunsaker Hunter Iverson Jensen B. Johnson K. Johnson Killpack Knudson Larson Lockman Matthews Moran Mortimer Murray Nelson Nielsen Oscarson Pignanelli Protzman Seitz Short M. Stephens Styler Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Brown

Absent or not voting were: Representatives B. Allen S. Allen Ellertson Fox Garn Hickman Jones Koehn Olsen Peterson N. Stephens Wright

H.B.350, as amended, transmitted to the Senate for its consideration.

MISCELLANEOUS BUSINESS

On motion of Representative Atkinson, under suspension of the rules, the House voted to lift H.B.497 from the Rules Committee, consider it read the second time by short title, order it printed, place it at the top of the Third Reading Calendar and have it circle.

THIRD READING CALENDAR

H.J.R.18, RESOLUTION CALLING FOR CONGRESSIONAL REEXAMINATION OF INDIAN REORGANIZATION ACT, read the third time by short title and placed on its final passage.

On motion of Representative Hickman, the House voted to circle H.J.R.18.

* * *

H.B.347, ACCESS TO JUVENILE RECORDS, read the third time by short title and placed on its final passage.

H.B.347, as amended, then passed on the following roll call:

Yeas, 62; Nays, 0; Absent or not voting, 13.

Voting in the affirmative were: Representatives Adair Alexander S. Allen Anderson Atkinson Baca Barth Bigelow Bodily Bowman Bradford Bradshaw Bresnahan Buffmire Bush Carlson Carnahan Chard Curtis Davis Ellertson B. Evans R. Evans Frandsen Garn Goodfellow Gubler Harward Hatch Haymond Hendrickson Hunsaker Hunter Iverson Jensen B. Johnson K. Johnson Killpack Knudson Larson Lockman Matthews Moran Mortimer Murray Nelson Nielsen Oscarson Peterson Pignanelli Protzman Seitz M. Stephens Styler Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Brown

Absent or not voting were: Representatives B. Allen Arrington Dillree Fox Gowans Hickman Holladay Jones Koehn Olsen Short N. Stephens Wright

H.B.347, as amended, transmitted to the Senate for its consideration.

* * *

H.R.3, RESOLUTION ENCOURAGING CERTAIN WEST SIDE SALT LAKE COUNTY CITIES, read the third time by short title and placed on its final passage.

H.R.3 then passed on the following roll call:

Yeas, 50; Nays, 17; Absent or not voting, 8.

Voting in the affirmative were: Representatives S. Allen Anderson Atkinson Baca Barth Bigelow Bowman Bradford Bradshaw Bresnahan Buffmire Carlson Carnahan Curtis Davis Dillree B. Evans R. Evans Frandsen Goodfellow Gowans Gubler Harward Hatch Haymond Hendrickson Holladay Hunsaker Hunter Iverson Jensen B. Johnson K. Johnson Killpack Larson Lockman Matthews Murray Nielsen Oscarson Peterson Pignanelli Protzman Seitz Short Styler Suazo Tuttle Tyler Waddoups

Voting in the negative were: Representatives Adair Alexander Arrington Bodily Bush Chard Garn Hickman Knudson Moran Mortimer Nelson Olsen M. Stephens N. Stephens Tanner Valentine

Absent or not voting were: Representatives B. Allen Ellertson Fox Jones Koehn Ure Wright Brown

H.R.3 was 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 Lt. Governor.

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 23, 1996

The Senate passed, as amended, S.B.111, MEDICAID PROVIDER CHOICE AMENDMENTS, by Senator C. Stewart, and it is transmitted for consideration; and

The Senate passed, as amended, S.B.188, DIGITAL SIGNATURES ACT AMENDMENTS, by Senator C. Peterson, and it is transmitted for consideration; and

The Senate passed S.B.243, TASK FORCE ON AIR QUALITY, TRANSPORTATION, AND LAND-USE, by Senator L. McAllister, and it is transmitted for consideration; and

The Senate passed S.B.264, BONDING LAW AMENDMENTS, by Senator J. Holmgren, and it is transmitted for consideration; and

The Senate passed S.B.271, EXPANDING THE DEFINITION OF VICTIM, by Senator L. Beattie, and it is transmitted for consideration; and

The Senate passed, as substituted, 2nd Sub. S.C.R.5, RESOLUTION EXPRESSING CONCERNS REGARDING THE MERGER OF UNION PACIFIC AND SOUTHERN PACIFIC RAILROADS, by Senator Stewart, and it is transmitted for consideration; and

The Senate passed, as amended, S.B.72, NATUROPATHIC PHYSICIANS LICENSURE, by Senator L. McAllister, and it is transmitted for consideration; and

The Senate passed, as amended, S.B.246, PROHIBITING SCHOOLS FROM SUPPORTING ILLEGAL CONDUCT, by Senator C. Taylor, and it is transmitted for consideration; and

The Senate passed, as substituted, Sub. S.J.R.17, RESOLUTION AMENDING THE REVENUE AND TAXATION ARTICLE AND EDUCATION ARTICLE FOR THE SUPPORT OF THE PUBLIC EDUCATION AND HIGHER E, by Senator S. Rees, et al, and it is transmitted for consideration; and

The Senate passed, as substituted, and amended Sub. S.B.120, ADOPTION ASSISTANCE, by Senator C. Taylor, and it is transmitted for consideration; and

The Senate passed S.B.157, INSURANCE CONTRACTS STATUTE OF LIMITATIONS, by Senator D. Buhler, and it is transmitted for consideration; and

The Senate passed, as amended, S.B.170, MOTOR VEHICLE OPERATOR'S SECURITY, by Senator D. Steele, and it is transmitted for consideration; and

The Senate passed S.B.176, PROTECTION OF UNDERGROUND FACILITIES, by Senator D. Watson, and it is transmitted for consideration; and

The Senate passed S.B.192, WILDLAND FIRE SUPPRESSION FUND, by Senator L. Blackham, and it is transmitted for consideration; and

The Senate passed S.B.229, SALES AND USE TAX - SKI RESORTS INVESTMENT INCENTIVE, by Senator L. Hillyard, and it is transmitted for consideration; and

The Senate passed, as substituted, Sub. S.B.252, INDEPENDENT INTERNAL AUDITORS, by Senator LeRay McAllister, and it is transmitted for consideration; and

The Senate passed, as amended, S.B.266, DIVISION OF FLEET OPERATIONS, by Senator G. Mantes, and it is transmitted for consideration.

Annette B. Moore Secretary of the Senate

Communications filed. S.B.111, as amended, S.B.188, as amended, S.B.243, S.B.264, S.B.271, 2nd Sub. S.C.R.5, S.B.72, as amended, S.B.246, as amended, Sub. S.J.R.17, as amended, Sub. S.B.120, as amended, S.B.157, S.B.170, as amended, S.B.176, S.B.192, S.B.229, Sub. S.B.252, and S.B.266, as amended, read the first time by short title and referred to the Rules Committee.

* * *

Mr. Speaker: February 23, 1996

The President of the Senate has signed Sub. H.B.56, MODIFIED CENTENNIAL SCHOOLS PROGRAM, by Representative B. Allen, et al, and it is transmitted for the signature of the Speaker; and

The President of the Senate has signed H.B.191, LANDFILL SITING PROCEDURES AMENDMENTS, by Representative E. Anderson, and it is transmitted for the signature of the Speaker; and

The President of the Senate has signed H.B.282, RAILROAD CROSSING BY SCHOOL BUSES, by Representative N. Hendrickson, and it is transmitted for the signature of the Speaker; and

The Senate passed, H.B.124, TEACHER CERTIFICATION REMOVAL, by Representative S. Jensen, which has been signed by the President and it is transmitted for the signature of the Speaker; and

The Senate passed, H.B.185, CEMETERY MAINTENANCE DISTRICT AMENDMENTS, by Representative A. Bradshaw, which has been signed by the President and it is transmitted for the signature of the Speaker; and

The Senate passed, H.B.190, INCOME TAX - REPEAL OF SPECIAL TAX REFUND, by Representative J. Gowans, which has been signed by the President and it is transmitted for the signature of the Speaker; and

The Senate passed, H.B.198, BOND STATUS IN MUNICIPAL ANNEXATIONS, by Representative E. Anderson, which has been signed by the President and it is transmitted for the signature of the Speaker; and

The Senate passed, H.B.208, NOTICE ON LIEN FILING, 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.244, SPECIAL DISTRICT BOARD MEMBER TERMS, by Representative A. Bradshaw, 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. Sub. H.B.56, H.B.191, H.B.282, H.B.124, H.B.185, H.B.190, H.B.198, H.B.208, and H.B.244 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.

MISCELLANEOUS BUSINESS

On motion of Representative Chard, the House voted to lift H.B.378 from the Human Services Standing Committee, consider it read the second time and placed at the bottom of the Third Reading Calendar.

* * *

On motion of Representative M. Stephens, the House voted to lift H.B.401 from the Revenue and Taxation Standing Committee, consider it read the second time and placed at the bottom of the Third Reading Calendar.

THIRD READING CALENDAR

H.B.260, ASSAULT AMENDMENTS, read the third time by short title and placed on its final passage.

H.B.260 then passed on the following roll call:

Yeas, 59; Nays, 0; Absent or not voting, 16.

Voting in the affirmative were: Representatives Adair Alexander B. Allen S. Allen Anderson Arrington Atkinson Bigelow Bodily Bowman Bradford Bradshaw Buffmire Bush Carlson Carnahan Chard Curtis Ellertson B. Evans R. Evans Fox Frandsen Goodfellow Gowans Gubler Harward Hatch Hendrickson Hickman Hunsaker Hunter Iverson Jensen K. Johnson Jones Koehn Larson Lockman Matthews Moran Murray Nelson Nielsen Olsen Oscarson Peterson Protzman Seitz M. Stephens N. Stephens Styler Suazo Tanner Tyler Ure Valentine Waddoups Brown

Absent or not voting were: Representatives Baca Barth Bresnahan Davis Dillree Garn Haymond Holladay B. Johnson Killpack Knudson Mortimer Pignanelli Short Tuttle Wright

H.B.260 transmitted to the Senate for its consideration.

UNFINISHED BUSINESS

On motion of Representative Hickman, the House voted to uncircle H.J.R.18.

H.J.R.18, RESOLUTION CALLING FOR CONGRESSIONAL REEXAMINATION OF INDIAN REORGANIZATION ACT, was before the House on its final passage.

H.J.R.18 then passed on the following roll call:

Yeas, 54; Nays, 0; Absent or not voting, 21.

Voting in the affirmative were: Representatives Adair Alexander B. Allen S. Allen Anderson Arrington Atkinson Barth Bigelow Bodily Bradford Bradshaw Bresnahan Buffmire Bush Carlson Carnahan Chard Curtis Dillree Ellertson B. Evans R. Evans Frandsen Garn Goodfellow Gowans Harward Hatch Hendrickson Hickman Hunsaker Hunter Iverson Jensen B. Johnson K. Johnson Jones Larson Lockman Matthews Moran Murray Nelson Short N. Stephens Styler Tanner Tuttle Tyler Ure Valentine Waddoups Brown

Absent or not voting were: Representatives Baca Bowman Davis Fox Gubler Haymond Holladay Killpack Knudson Koehn Mortimer Nielsen Olsen Oscarson Peterson Pignanelli Protzman Seitz M. Stephens Suazo Wright

H.J.R.18 transmitted to the Senate for its consideration.

UNFINISHED BUSINESS

On motion of Representative E. Anderson, the House voted to uncircle H.B.269.

H.B.269, ADVERTISING PROPOSED TAX INCREASE, was before the House on its final passage.

On motion of Representative E. Anderson, the House voted to delete H.B.269 in title and body and insert Sub. H.B.269, PROPERTY TAX NOTIFICATION FORMS, ASSESSING AND COLLECTING LEVY, AND PROPERTY TAX APPEAL PROCESS, in lieu thereof, and, under suspension of the rules, consider it read the first, second, and third times.

Sub. H.B.269 then passed on the following roll call:

Yeas, 66; Nays, 2; Absent or not voting, 7.

Voting in the affirmative were: Representatives Adair B. Allen S. Allen Anderson Arrington Baca Barth Bodily Bowman Bradford Bradshaw Bresnahan Buffmire Bush Carlson Carnahan Chard Curtis Davis Dillree Ellertson R. Evans Frandsen Goodfellow Gowans Gubler Harward Hatch Haymond Hendrickson 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 N. Stephens Styler Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Brown

Voting in the negative were: Representatives Garn M. Stephens

Absent or not voting were: Representatives Alexander Atkinson Bigelow B. Evans Fox Hickman Wright

Sub. H.B.269 transmitted to the Senate for its consideration.

THIRD READING CALENDAR

H.B.341, TRANSIENT ROOM TAX USES, read the third time by short title and placed on its final passage.

On motion of Representative Davis, the House voted to circle H.B.341.

* * *

H.B.196, DEFINING UNLAWFUL ACTIVITIES, read the third time by short title and placed on its final passage.

H.B.196 then passed on the following roll call:

Yeas, 41; Nays, 24; Absent or not voting, 10.

Voting in the affirmative were: Representatives S. Allen Anderson Arrington Baca Barth Bigelow Bodily Bradshaw Buffmire Carlson Chard Curtis Davis Ellertson B. Evans Fox Goodfellow Gubler Haymond Hendrickson Holladay Jensen K. Johnson Jones Koehn Larson Lockman Matthews Moran Murray Nielsen Oscarson Peterson Protzman Seitz Styler Suazo Tuttle Tyler Ure Waddoups

Voting in the negative were: Representatives Adair Alexander Bowman Bradford Bresnahan Bush Carnahan R. Evans Frandsen Garn Harward Hatch Hunsaker Hunter Iverson B. Johnson Nelson Olsen Short M. Stephens N. Stephens Tanner Valentine Brown

Absent or not voting were: Representatives B. Allen Atkinson Dillree Gowans Hickman Killpack Knudson Mortimer Pignanelli Wright

H.B.196 transmitted to the Senate for its consideration.

* * *

Sub. H.B.120, MUNICIPAL INCORPORATION AMENDMENTS, read the third time by short title and placed on its final passage.

On motion of Representative Lockman, the House voted to delete Sub. H.B.120 in title and body and insert 2nd Sub. H.B.120 in lieu thereof.

On motion of Representative Lockman, the House voted to circle 2nd Sub. H.B.120.

* * *

H.B.276, CHILD ABUSE REGISTRY, read the third time by short title and placed on its final passage.

On motion of Representative Bresnahan, the House voted to circle H.B.276.

* * *

H.B.58, DRIVING UNDER THE INFLUENCE - REPEAT OFFENDERS, read the third time by short title and placed on its final passage.

On motion of Representative Bresnahan, the House voted to delete H.B.58 in title and body and insert Sub. H.B.58 in lieu thereof.

Sub. H.B.58 then passed on the following roll call:

Yeas, 56; Nays, 3; Absent or not voting, 16.

Voting in the affirmative were: Representatives Adair Alexander S. Allen Anderson Arrington Barth Bigelow Bodily Bradford Bradshaw Bresnahan Buffmire Bush Carlson Carnahan Chard Curtis Ellertson R. Evans Fox Frandsen Garn Goodfellow Gowans Harward Hendrickson Hunsaker Hunter Iverson Jensen B. Johnson K. Johnson Jones Koehn Larson Matthews Moran Murray Nelson Nielsen Olsen Oscarson Peterson Pignanelli Protzman Seitz M. Stephens N. Stephens Styler Suazo Tanner Tuttle Tyler Ure Waddoups Brown

Voting in the negative were: Representatives Hatch Hickman Lockman

Absent or not voting were: Representatives B. Allen Atkinson Baca Bowman Davis Dillree B. Evans Gubler Haymond Holladay Killpack Knudson Mortimer Short Valentine Wright

Sub. H.B.58 transmitted to the Senate for its consideration.

UNFINISHED BUSINESS

On motion of Representative Bresnahan, the House voted to uncircle H.B.276.

H.B.276, CHILD ABUSE REGISTRY, was before the House on its final passage.

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

AMENDMENT No. 1

Page 3, Line 1: After "denied" insert "or revoked"

AMENDMENT No. 2

Page 3, Line 5: After line 5 insert an additional subsection as follows:

"(6) The restrictions on access to reports and information contained in this section apply only to reports and information in the possession of the division. This section does not restrict access to initial contact reports, arrest warrants, and other records not in the sole possession of the division, which are classified as public under Title 63, Chapter 2, Government Records Access and Management Act."

H.B.276, as amended, then passed on the following roll call:

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

Voting in the affirmative were: Representatives Adair Alexander B. Allen S. Allen Bigelow Bodily Bowman Bradford Bresnahan Bush Carlson Carnahan Chard Curtis Dillree Ellertson R. Evans Fox Frandsen Garn Gubler Harward Holladay Hunsaker Hunter Iverson Jensen B. Johnson K. Johnson Killpack Knudson Koehn Lockman Moran Mortimer Murray Nelson Nielsen Olsen Peterson Seitz Short M. Stephens N. Stephens Styler Suazo Tanner Tyler Ure Valentine Waddoups Brown

Voting in the negative were: Representatives Anderson Arrington Atkinson Baca Barth Bradshaw Buffmire Goodfellow Hendrickson Hickman Larson Oscarson Pignanelli Protzman Tuttle

Absent or not voting were: Representatives Davis B. Evans Gowans Hatch Haymond Jones Matthews Wright

H.B.276, as amended, transmitted to the Senate for its consideration.

THIRD READING CALENDAR

Sub. H.B.264, GRAFFITI AMENDMENTS, read the third time by short title and placed on its final passage.

Sub. H.B.264, as amended, then passed on the following roll call:

Yeas, 63; Nays, 0; Absent or not voting, 12.

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

Absent or not voting were: Representatives Baca Bowman B. Evans Gowans Hatch Haymond Jones Killpack Moran Seitz Tanner Wright

Sub. H.B.264, as amended, transmitted to the Senate for its consideration.

* * *

H.B.369, PROHIBITION OF CONTRABAND IN A CORRECTIONAL FACILITY, read the third time by short title and placed on its final passage.

H.B.369 then passed on the following roll call:

Yeas, 56; Nays, 2; Absent or not voting, 17.

Voting in the affirmative were: Representatives Alexander S. Allen Anderson Arrington Atkinson Baca Barth Bigelow Bodily Bradshaw Bresnahan Buffmire Bush Carlson Carnahan Chard Curtis Davis B. Evans Fox Frandsen Garn Goodfellow Gubler Harward Hendrickson Hickman Holladay Hunsaker Hunter Iverson Jensen B. Johnson Killpack Knudson Koehn Larson Lockman Matthews Moran Mortimer Murray Nelson Nielsen Olsen Peterson Pignanelli Seitz Short M. Stephens N. Stephens Styler Suazo Tanner Tuttle Ure

Voting in the negative were: Representatives Bradford Tyler

Absent or not voting were: Representatives Adair B. Allen Bowman Dillree Ellertson R. Evans Gowans Hatch Haymond K. Johnson Jones Oscarson Protzman Valentine Waddoups Wright Brown

H.B.369 transmitted to the Senate for its consideration.

UNFINISHED BUSINESS

On motion of Representative Davis, the House voted to uncircle H.B.341.

H.B.341, TRANSIENT ROOM TAX USES, was before the House on its final passage.

On motion of Representative Davis, the House voted to delete H.B.341 in title and body and insert Sub. H.B.341 in lieu thereof.

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

AMENDMENT No. 1

Page 1, Line 6: After "ROOM TAX" insert "IN CERTAIN COUNTIES"

AMENDMENT No. 2

Page 1, Line 26: After "(d)" insert "in counties of the fourth, fifth, and sixth class,"

AMENDMENT No. 3

Page 2, Line 2: After "59-12-301 to" insert ": (a)" and reinstate "acquire, lease, construct, furnish, maintain, or operate"

AMENDMENT No. 4

Page 2, Line 3: Reinstate line 3.

AMENDMENT No. 5

Page 2, Line 4: Reinstate "facilities, and to acquire or lease land required for or related to these purposes" and insert "; and" and delete "accomplish the"

AMENDMENT No. 6

Page 2, Line 5: Delete line 5 and insert "(b) in counties of the fourth, fifth, and sixth class, reimburse the expenses the county incurs for emergency medical services and search and rescue activities related to recreational, tourist, or convention activities."

Sub. H.B.341, as amended, then passed on the following roll call:

Yeas, 50; Nays, 10; Absent or not voting, 15.

Voting in the affirmative were: Representatives B. Allen S. Allen Arrington Atkinson Baca Bigelow Bodily Bradford Buffmire Bush Carlson Carnahan Chard Curtis Davis B. Evans Frandsen Garn Goodfellow Gubler Hatch Haymond Hendrickson Holladay Hunsaker Hunter Iverson Jensen B. Johnson K. Johnson Killpack Knudson Koehn Larson Lockman Matthews Moran Murray Nielsen Peterson Pignanelli Seitz Short M. Stephens Styler Suazo Tuttle Tyler Ure Brown

Voting in the negative were: Representatives Alexander Anderson Bradshaw Harward Hickman Mortimer Nelson Olsen N. Stephens Tanner

Absent or not voting were: Representatives Adair Barth Bowman Bresnahan Dillree Ellertson R. Evans Fox Gowans Jones Oscarson Protzman Valentine Waddoups Wright

Sub. H.B.341, as amended, transmitted to the Senate for its consideration.

THIRD READING CALENDAR

Sub. H.B.371, UNDERGROUND STORAGE TANK AMENDMENTS, read the third time by short title and placed on its final passage.

Sub. H.B.371 then passed on the following roll call:

Yeas, 60; Nays, 0; Absent or not voting, 15.

Voting in the affirmative were: Representatives Alexander B. Allen S. Allen Anderson Arrington Atkinson Baca Barth Bigelow Bodily Bowman Bradford Bradshaw Bresnahan Buffmire Bush Carlson Carnahan Chard Davis B. Evans Frandsen Garn Goodfellow Gubler Harward Haymond Hendrickson Hickman Holladay Hunsaker Hunter Iverson Jensen B. Johnson K. Johnson Knudson Koehn Larson Lockman Matthews Moran Mortimer Murray Nelson Nielsen Olsen Peterson Pignanelli Protzman Seitz Short N. Stephens Styler Suazo Tanner Tuttle Tyler Ure Brown

Absent or not voting were: Representatives Adair Curtis Dillree Ellertson R. Evans Fox Gowans Hatch Jones Killpack Oscarson M. Stephens Valentine Waddoups Wright

Sub. H.B.371 transmitted to the Senate for its consideration.

* * *

Sub. H.B.236, SCHOOL BREAKFAST PROGRAM, read the third time by short title and placed on its final passage.

On motion of Representative S. Allen, the bill was amended as follows:

AMENDMENT No. 1

Page 2, Line 9: After "resolved;" delete "and"

AMENDMENT No. 2

Page 2, Line 11: After "Program" delete the period and insert "; and (E) a recommendation from the school community council authorized under Section 53A-1a-108 or a similar group of parents and school employees that the school should not participate in the program."

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

AMENDMENT No. 3

Page 1, Line 6: After "EVERY" delete "TWO" and insert "THREE"

AMENDMENT No. 4

Page 1, Lines 16-26: Delete Lines 16-26.

AMENDMENT No. 5

Page 1, Line 27: Delete "(2)" and insert "(1)" and renumber the remaining sections accordingly; delete "Therefore, each" and insert "Each"; and after "every" delete "two" and insert "three"

AMENDMENT No. 6

Page 2, Lines 3-4: After "determines" delete the rest of lines 3 and line 4 and insert "that there are valid reasons for the school's nonparticipation, no further action is needed."

AMENDMENT No. 7

Page 2, Lines 6-11: Delete Lines 6-11.

AMENDMENT No. 8

Page 2, Line 14: After "Subsection" delete "(3)" and insert "(2)"

AMENDMENT No. 9

Page 2, Line 15: After "board" delete ", by its own action or petition by the public,"

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

AMENDMENT No. 10

Delete Amendment No. 1 and Amendment No. 2 above.

AMENDMENT No. 11

Page 2, Line 5: Delete "the following:" and insert "a recommendation from the school community council authorized under Section 53A-1a-108 or a similar group of parents and school employees that the school should not participate in the program."

Sub. H.B.236, as amended, then passed on the following roll call:

Yeas, 39; Nays, 32; Absent or not voting, 4.

Voting in the affirmative were: Representatives B. Allen S. Allen Anderson Atkinson Baca Barth Bigelow Bowman Bradshaw Buffmire Carlson Carnahan Curtis Davis Frandsen Goodfellow Gowans Gubler Haymond Hendrickson Holladay Hunsaker Jensen K. Johnson Jones Killpack Knudson Koehn Larson Matthews Murray Oscarson Peterson Pignanelli Protzman Short Suazo Tuttle Tyler

Voting in the negative were: Representatives Adair Alexander Arrington Bodily Bradford Bresnahan Bush Chard Ellertson B. Evans R. Evans Garn Harward Hatch Hickman Hunter Iverson B. Johnson Lockman Moran Mortimer Nelson Nielsen Olsen Seitz M. Stephens N. Stephens Styler Tanner Ure Valentine Brown

Absent or not voting were: Representatives Dillree Fox Waddoups Wright

Sub. H.B.236, as amended, transmitted to the Senate for its consideration.

UNFINISHED BUSINESS

On motion of Representative Valentine, the House voted to uncircle H.B.475.

H.B.475, LOCAL TAXING AUTHORITY, was before the House on its final passage.

On motion of Representative B. Johnson, the bill was amended as follows:

AMENDMENT No. 1

Page 6, Line 13: After "(b)" insert "except as provided in Subsection (5),"

AMENDMENT No. 2

Page 6, Line 23: After Line 23, insert:

"(5) A municipality is not subject to the voter approval requirements of Subsection (3)(b) if, on or before January 1, 1996, the municipality imposed a license fee or tax on businesses based on gross receipts pursuant to Section 10-1-203."

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

AMENDMENT No. 3

Refer to Revenue and Taxation Standing Committee Report dated 2-21-96 Item #3

Page 6, Line 5: Reinstate "that does not impose a public transit tax under Section 59-12-501"

AMENDMENT No. 4

Page 6, Line 7: After "part." insert "Cities subject to a sales and use tax under, Part 5, Public Transit Tax, may impose a sales and use tax of 1/8% on the sales and uses described in Subsection 59-12-103(1) as provided in this part."

H.B.475, 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 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 B. Johnson K. Johnson Jones Killpack Knudson 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 Brown

Voting in the negative was: Representative Koehn

Absent or not voting were: Representatives Baca Haymond Jensen Wright

H.B.475, as amended, transmitted to the Senate for its consideration.

RULES COMMITTEE REPORT

Mr. Speaker: February 23, 1996

The Rules Committee recommends that all bills and resolutions in the possession of House Standing Committees be lifted and returned to the Rules Committee with the exception of the following bills:

H.B.461 Tax Law Amendments (C. Fox); and

The Rules Committee recommends that the following bills and resolutions, under suspension of the rules, be considered read for the second time and placed on the Third Reading Calendar:

H.B.458 Centennial Highway Fund (M. Stephens)

H.B.462 County Sales Tax Authorization (T. Hatch)

H.B.381 Juvenile Judges - Short-term Commitment of Youth (C. Fox)

H.B.482 Juvenile Offender Amendments (M. Waddoups)

H.B.465 Action For Loss of Consortium (D. Gubler); and

The Rules Committee recommends that the following bills and resolutions, having been read for the second time, be placed on the Third Reading Calendar.

H.B.349 Gross Receipts Taxes - Modifications (M. Styler)

H.B.377 Appropriation For County Land Plan Assistance (D. Iverson)

H.C.R.8 Colorado River Study Resolution (M. Brown)

H.C.R.9 Water Conservation And Planning Resolution (M. Brown)

H.B.284 Visitors to Correctional Facilities (S. Jensen)

H.B.453 Procurement Code - Design-build Amendments (S. Bodily)

H.B.483 Personal Guarantee Amendments (K. Garn)

Sub. H.B.274 Oil and Gas Amendments (J. Seitz)

H.C.R.6 Resolution Supporting Land Transfer From Bureau of Land Management (B. Johnson)

H.B.92 Firefighters Noncontributory Retirement System (J. Murray)

H.B.333 Industrial Commission's Powers (G. Adair)

H.B.361 Appropriation to Provide For Closing Abandoned Mines (T. Matthews)

H.B.384 Property Tax - Exceeding The Certified Tax Rate (J. Alexander)

Sub. H.B.441 Coverage - Workers' Compensation (J. Alexander)

H.B.393 Sales Tax For Infrastructure (J. Gowans)

H.B.432 Public Safety Cooperation Act (R. Ellertson)

H.B.487 Election Law Technical Amendments (D. Peterson)

H.B.348 Juvenile Presumptive Sentencing Guidelines (R. Ellertson)

H.B.271 Adoption of Children in Division Of Family Services Custody (N. Stephens)

H.B.210 Voted And Board Leeway Support (L. Nelson)

H.B.343 Insurance Amendments (L. Nelson)

H.B.490 Sales Tax - Exemption For Manufacturer on Replacement Parts (E. Anderson)

Sub. H.B.292 Child Fatality Review Committee (S. Barth)

H.B.374 Public Water Supply Agencies - Application And Use (D. Iverson)

H.B.249 Recycling Market Development Zones (G. Protzman)

H.B.268 Income Tax Credit For Providers of Services to Individuals With Disabilities (G. Protzman)

H.B.366 Oversight of Group Homes (B. Harward)

H.B.376 Agreements About Real Property Improvements (D. Ure)

H.B.323 Amendments to Special Districts (B. Allen)

H.B.391 Energy Savings Amendments (J. Alexander); and

The Rules Committee recommends that the following bills and resolutions, having been read for the second time, be placed at the top of the Third Reading Calendar:

H.B.423 Application of Law Enforcement Salary Change (S. Koehn)

H.B.417 Funding For Juvenile Sex Offender Treatment (P. Suazo)

H.B.194 College Savings Incentive Program (D. Peterson)

H.B.158 Vehicle Emission Control Appropriation (R. Evans)

Sub H.B.62 Community Economic Development Project Fund (K. Atkinson)

H.B.428 South Jordan Transportation Funding (R. Evans)

H.B.306 Antiviolence Funding (R. Short)

H.B.145 Sales Tax Exemption For Coin-operated Laundromats (S. Jensen)

H.B.309 Sales Tax Exemption For Certain Coin-operated Amusement Devices (R. Short)

H.B.291 Sales Tax Exemption - Coin-operated Car Wash (J. Alexander)

John L. Valentine, Chair

Reports filed. On motion of Representative Valentine, the reports of the Rules Committee were adopted.

MISCELLANEOUS BUSINESS

On motion of Representative Fox, under suspension of the rules, the House voted to allow introduction of a resolution entitled "Resolution on Republic of China on Taiwan."

RULES COMMITTEE REPORT

Mr. Speaker: February 23, 1996

The Rules Committee recommends that the following resolution, under suspension of the rules, be considered read for the first and second times and placed on the Third Reading Calendar:

H.J.R.24 Resolution on Republic of China on Taiwan (C. Fox)

John L. Valentine, Chair

Report filed. On motion of Representative Valentine, the report of the Rules Committee was adopted. H.J.R.24, considered read the first and second times and placed on the calendar for third reading.

* * *

Mr. Speaker: February 23, 1996

The Rules Committee recommends that the following Senate bills and resolution, under suspension of the rules, be considered read the second time and placed on the Third Reading Calendar for Senate bills:

S.C.R.6 Highway Transfer Process Resolution (J. Holmgren)

S.B.46 Capital Outlay Amendments (C. Taylor)

Sub. S.B.158 Boards and Commissions Advise And Consent (A. Myrin)

S.B.180 Sales Tax Exemption on Food Stamps (G. Mantes)

S.B.181 Sales Tax Exemption - Special Supplemental Nutrition Program (G. Mantes)

S.B.183 Repeal of Sales Tax Exemption (G. Mantes)

S.B.235 Engineer Licensing Amendments (C. Peterson)

S.B.241 Architect Licensing Amendments (C. Peterson)

S.B.129 Information Technology Amendments (S. Howell)

John L. Valentine, Chair

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

THIRD READING CALENDAR

H.B.423, APPLICATION OF LAW ENFORCEMENT SALARY CHANGE, read the third time by short title and placed on its final passage.

On motion of Representative Curtis, the House voted to circle H.B.423.

* * *

H.B.417, FUNDING FOR JUVENILE SEX OFFENDER TREATMENT, read the third time by short title and placed on its final passage.

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

AMENDMENT No. 1

Page 1, Line 8: Delete "$800,000" and insert "$100,000"

AMENDMENT No. 2

Page 2, Line 24: Delete "$800,000" and insert "$100,000"

H.B.417, as amended, then passed on the following roll call:

Yeas, 61; Nays, 0; Absent or not voting, 14.

Voting in the affirmative were: Representatives Adair Alexander B. Allen Anderson Arrington Atkinson Baca Barth Bigelow Bowman Bradford Bradshaw Bresnahan Buffmire Bush Carlson Chard Curtis Davis Ellertson B. Evans R. Evans Frandsen Goodfellow Gubler Harward Hatch Hendrickson Holladay Hunsaker Hunter Jensen B. Johnson K. Johnson Jones Killpack Knudson Larson Lockman Matthews Moran Mortimer Murray Nelson Nielsen Oscarson Peterson Pignanelli Protzman Seitz Short M. Stephens N. Stephens Styler Suazo Tanner Tuttle Tyler Ure Waddoups Brown

Absent or not voting were: Representatives S. Allen Bodily Carnahan Dillree Fox Garn Gowans Haymond Hickman Iverson Koehn Olsen Valentine Wright

H.B.417, as amended, transmitted to the Senate for its consideration.

* * *

H.B.194, COLLEGE SAVINGS INCENTIVE PROGRAM, read the third time by short title and placed on its final passage.

H.B.194, as amended, then passed on the following roll call:

Yeas, 57; Nays, 5; Absent or not voting, 13.

Voting in the affirmative were: Representatives Adair Alexander S. Allen Anderson Arrington Atkinson Bigelow Bodily Bradshaw Bresnahan Buffmire Bush Carlson Chard Curtis Davis Dillree Ellertson B. Evans R. Evans Fox Frandsen Goodfellow Gowans Gubler Hatch Hendrickson Holladay Hunsaker Iverson Jensen B. Johnson K. Johnson Jones Killpack Knudson Lockman Matthews Moran Mortimer Murray Nelson Nielsen Oscarson Peterson Pignanelli Protzman Seitz Short M. Stephens Suazo Tanner Tuttle Tyler Valentine Waddoups Brown

Voting in the negative were: Representatives Baca Bradford Hunter Olsen N. Stephens

Absent or not voting were: Representatives B. Allen Barth Bowman Carnahan Garn Harward Haymond Hickman Koehn Larson Styler Ure Wright

H.B.194, as amended, transmitted to the Senate for its consideration.

* * *

H.B.158, VEHICLE EMISSION CONTROL APPROPRIATION, read the third time by short title and placed on its final passage.

On motion of Representative R. Evans, the bill was amended as follows:

AMENDMENT No. 1

Page 1, Line 6: Delete "$650,000" and insert "$325,000"

AMENDMENT No. 2

Page 1, Line 13: Delete "$650,000" and insert "$325,000"

H.B.158, as amended, then passed on the following roll call:

Yeas, 59; Nays, 3; Absent or not voting, 13.

Voting in the affirmative were: Representatives Adair Alexander B. Allen S. Allen Anderson Baca Barth Bigelow Bowman Bradshaw Bresnahan Buffmire Bush Carlson Chard Curtis Davis Dillree Ellertson B. Evans R. Evans Fox Frandsen Garn Goodfellow Gowans Harward Hatch Hendrickson Holladay Hunsaker Jensen B. Johnson K. Johnson Jones Killpack Knudson Larson Lockman Matthews Moran Mortimer Murray Nelson Oscarson Peterson Protzman Seitz Short M. Stephens N. Stephens Styler Suazo Tanner Tuttle Tyler Ure Valentine Waddoups

Voting in the negative were: Representatives Arrington Bradford Olsen

Absent or not voting were: Representatives Atkinson Bodily Carnahan Gubler Haymond Hickman Hunter Iverson Koehn Nielsen Pignanelli Wright Brown

H.B.158, as amended, transmitted to the Senate for its consideration.

* * *

Sub. H.B.62, COMMUNITY ECONOMIC DEVELOPMENT PROJECT FUND, read the third time by short title and placed on its final passage.

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

AMENDMENT No. 1

Page 3, Line 3: After "least" delete "30%" and insert "50%"

AMENDMENT No. 2

Page 3, Line 24: After "least" delete "60" and insert "90"

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

AMENDMENT No. 3

Page 3, Line 1: At the beginning of line 1 delete "not"

AMENDMENT No. 4

Refer to Business, Labor, and Economic Development Standing Committee Report dated 2-2-96 Items 2 and 3 Delete "$2,000,000" and insert "$400,000" in both places.

Sub. H.B.62, as amended, then passed on the following roll call:

Yeas, 43; Nays, 23; Absent or not voting, 9.

Voting in the affirmative were: Representatives B. Allen Anderson Arrington Atkinson Baca Barth Bodily Bowman Bradshaw Bresnahan Buffmire Bush Carlson Curtis Davis B. Evans R. Evans Fox Frandsen Garn Goodfellow Gowans Gubler Harward Hatch Hendrickson Holladay K. Johnson Jones Knudson Larson Lockman Matthews Moran Oscarson Peterson Pignanelli Protzman Seitz Suazo Tuttle Waddoups Brown

Voting in the negative were: Representatives Adair Alexander Bigelow Bradford Chard Ellertson Hunsaker Hunter Iverson Jensen B. Johnson Mortimer Murray Nelson Nielsen Olsen Short M. Stephens N. Stephens Tanner Tyler Ure Valentine

Absent or not voting were: Representatives S. Allen Carnahan Dillree Haymond Hickman Killpack Koehn Styler Wright

Sub. H.B.62, as amended, transmitted to the Senate for its consideration.

* * *

H.B.428, SOUTH JORDAN TRANSPORTATION FUNDING, read the third time by short title and placed on its final passage.

On motion of Representative R. Evans, the bill was amended as follows:

AMENDMENT No. 1.

Page 1, Line 6: Delete "$2,000,000" and insert "$200,000"

AMENDMENT No. 2

Page 1, Line 12: Delete "$2,000,000" and insert "$200,000"

H.B.428, as amended, then passed on the following roll call:

Yeas, 45; Nays, 20; Absent or not voting, 10.

Voting in the affirmative were: Representatives B. Allen S. Allen Anderson Atkinson Baca Barth Bowman Bresnahan Buffmire Bush Carlson Curtis Davis Dillree R. Evans Fox Frandsen Garn Goodfellow Gowans Gubler Hendrickson Holladay Hunsaker Jensen K. Johnson Jones Killpack Knudson Koehn Larson Matthews Moran Murray Oscarson Peterson Pignanelli Protzman Seitz Short M. Stephens Suazo Tuttle Tyler Waddoups

Voting in the negative were: Representatives Adair Alexander Arrington Bodily Bradford Bradshaw Chard B. Evans Harward Hatch Hunter Iverson B. Johnson Mortimer Nelson Nielsen N. Stephens Tanner Ure Valentine

Absent or not voting were: Representatives Bigelow Carnahan Ellertson Haymond Hickman Lockman Olsen Styler Wright Brown

H.B.428, as amended, transmitted to the Senate for its consideration.

* * *

H.B.306, ANTIVIOLENCE FUNDING, read the third time by short title and placed on its final passage.

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

AMENDMENT No. 1

Page 1, Line 6: Delete "$350,000" and insert "$300,000"

AMENDMENT No. 2

Page 3, Line 24: Delete "$350,000" and insert "$300,000"

H.B.306, as amended, then passed on the following roll call:

Yeas, 56; Nays, 0; Absent or not voting, 19.

Voting in the affirmative were: Representatives Adair Alexander S. Allen Anderson Arrington Atkinson Baca Bigelow Bodily Bowman Bradford Bradshaw Bresnahan Buffmire Bush Carlson Chard Ellertson B. Evans R. Evans Frandsen Garn Goodfellow Gubler Harward Hendrickson Holladay Hunsaker Hunter Iverson B. Johnson K. Johnson Jones Killpack Knudson Koehn Larson Matthews Moran Murray Nelson Nielsen Olsen Peterson Pignanelli Protzman Seitz M. Stephens N. Stephens Suazo Tanner Tuttle Ure Valentine Waddoups Brown

Absent or not voting were: Representatives B. Allen Barth Carnahan Curtis Davis Dillree Fox Gowans Hatch Haymond Hickman Jensen Lockman Mortimer Oscarson Short Styler Tyler Wright

H.B.306, as amended, transmitted to the Senate for its consideration.

* * *

H.B.145, SALES TAX EXEMPTION FOR COIN-OPERATED LAUNDROMATS, read the third time by short title and placed on its final passage.

H.B.145 then passed on the following roll call:

Yeas, 66; Nays, 2; 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 Chard Curtis Davis Dillree Ellertson B. Evans R. Evans Frandsen Garn Goodfellow Gowans Gubler Hatch Haymond Hendrickson Holladay Hunsaker Iverson Jensen B. Johnson K. Johnson Jones Killpack Knudson Koehn Matthews Moran Mortimer Murray Nelson Nielsen Olsen Oscarson Pignanelli Protzman Seitz Short M. Stephens N. Stephens Styler Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Brown

Voting in the negative were: Representatives Harward Peterson

Absent or not voting were: Representatives Carnahan Fox Hickman Hunter Larson Lockman Wright

H.B.145 transmitted to the Senate for its consideration.

* * *

H.B.309, SALES TAX EXEMPTION FOR CERTAIN COIN-OPERATED AMUSEMENT DEVICES, read the third time by short title and placed on its final passage.

H.B.309 then passed on the following roll call:

Yeas, 61; Nays, 7; Absent or not voting, 7.

Voting in the affirmative were: Representatives Alexander B. Allen S. Allen Anderson Arrington Atkinson Baca Barth Bigelow Bowman Bradford Bradshaw Bresnahan Buffmire Bush Carlson Chard Curtis Davis Dillree B. Evans R. Evans Frandsen Garn Goodfellow Gowans Gubler Hatch Haymond Hendrickson Holladay Hunsaker Hunter Iverson Jensen B. Johnson K. Johnson Jones Killpack Knudson Koehn Larson Matthews Moran Mortimer Murray Nielsen Oscarson Pignanelli Protzman Seitz Short M. Stephens N. Stephens Styler Suazo Tuttle Tyler Valentine Waddoups Brown

Voting in the negative were: Representatives Adair Harward Lockman Nelson Peterson Tanner Ure

Absent or not voting were: Representatives Bodily Carnahan Ellertson Fox Hickman Olsen Wright

H.B.309 transmitted to the Senate for its consideration.

* * *

H.B.291, SALES TAX EXEMPTION - COIN-OPERATED CAR WASH, read the third time by short title and placed on its final passage.

H.B.291 then passed on the following roll call:

Yeas, 59; Nays, 10; Absent or not voting, 6.

Voting in the affirmative were: Representatives Adair Alexander B. Allen Anderson Atkinson Barth Bigelow Bodily Bowman Bradford Bresnahan Buffmire Bush Carlson Chard Curtis Davis Dillree Ellertson Fox Goodfellow Gowans Gubler Hatch Haymond Hendrickson Hickman Holladay Hunsaker Hunter Iverson Jensen B. Johnson Jones Killpack Knudson Koehn Larson Matthews Moran Mortimer Murray Nelson Nielsen Olsen Oscarson Pignanelli Protzman Short M. Stephens N. Stephens Styler Suazo Tuttle Tyler Ure Valentine Waddoups Brown

Voting in the negative were: Representatives Baca Bradshaw B. Evans Frandsen Harward K. Johnson Lockman Peterson Seitz Tanner

Absent or not voting were: Representatives S. Allen Arrington Carnahan R. Evans Garn Wright

H.B.291 transmitted to the Senate for its consideration.

* * *

H.B.378, RESTITUTION AMENDMENTS, read the third time by short title and placed on its final passage.

H.B.378 then passed on the following roll call:

Yeas, 62; Nays, 4; Absent or not voting, 9.

Voting in the affirmative were: Representatives Adair S. Allen Anderson Atkinson Barth Bigelow Bodily Bradford Bresnahan Buffmire Bush Carlson Chard Curtis Davis Ellertson 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 Mortimer Murray Nelson Olsen Oscarson Peterson Pignanelli Protzman Seitz Short M. Stephens N. Stephens Styler Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Brown

Voting in the negative were: Representatives Baca Bradshaw B. Evans Goodfellow

Absent or not voting were: Representatives Alexander B. Allen Arrington Bowman Carnahan Dillree Fox Nielsen Wright

H.B.378 transmitted to the Senate for its consideration.

UNFINISHED BUSINESS

On motion of Representative Koehn, the House voted to uncircle H.B.423.

H.B.423, APPLICATION OF LAW ENFORCEMENT SALARY CHANGE, was before the House on its final passage.

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

AMENDMENT No. 1

Page 1, Line 7: After "INCREASES FOR" insert "CERTAIN" and delete "AND CORRECTIONAL OFFICERS"

AMENDMENT No. 2

Page 1, Lines 12-13: Delete "and correctional officers, as defined under Section 77-1a-2," and delete "state" and insert "Department of Natural Resources and the State Tax Commission"

Representatives Jones and R. Evans declared conflicts of interest.

H.B.423, as amended, then passed on the following roll call:

Yeas, 67; Nays, 0; Absent or not voting, 8.

Voting in the affirmative were: Representatives Adair Alexander B. Allen S. Allen Anderson Atkinson Baca Barth Bigelow Bowman Bradford Bradshaw Bresnahan Buffmire Bush Chard Curtis Davis Ellertson B. Evans R. Evans 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 Pignanelli Protzman Seitz Short N. Stephens Styler Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Brown

Absent or not voting were: Representatives Arrington Bodily Carlson Carnahan Dillree Fox M. Stephens Wright

H.B.423, as amended, transmitted to the Senate for its consideration.

* * *

H.B.401, STATE APPROPRIATIONS AND TAX LIMITATION, read the third time by short title and placed on its final passage.

On motion of Representative Olsen, the House voted to circle H.B.401.

MISCELLANEOUS BUSINESS

On motion of Representative Valentine, the House voted to move H.B.393 below H.B.462.

* * *

On motion of Representative K. Johnson, the House voted to reconsider its action on H.B.254.

RECONSIDERATION OF H.B.254

H.B.254, MINERAL LEASE ACCOUNT AMENDMENTS, was before the House upon its final passage.

On motion of Representative K. Johnson, the House voted to delete H.B.254 in title and body and insert Sub. H.B.254 in lieu thereof.

Sub. H.B.254 then passed on the following roll call:

Yeas, 40; Nays, 23; Absent or not voting, 12.

Voting in the affirmative were: Representatives Adair S. Allen Anderson Arrington Atkinson Baca Bigelow Bodily Bowman Buffmire B. Evans Fox Frandsen Garn Gubler Hatch Holladay Hunsaker Iverson Jensen K. Johnson Jones Killpack Knudson Matthews Moran Murray Nielsen Olsen Oscarson Pignanelli Protzman Seitz Short M. Stephens Suazo Ure Valentine Waddoups Brown

Voting in the negative were: Representatives Alexander B. Allen Barth Bradford Bradshaw Bresnahan Bush Carlson Chard Curtis Ellertson R. Evans Goodfellow Harward Hendrickson Larson Mortimer Nelson Peterson N. Stephens Tanner Tuttle Tyler

Absent or not voting were: Representatives Carnahan Davis Dillree Gowans Haymond Hickman Hunter B. Johnson Koehn Lockman Styler Wright

Sub. H.B.254, transmitted to the Senate for its consideration.

THIRD READING CALENDAR

H.B.458, CENTENNIAL HIGHWAY FUND, read the third time by short title and placed on its final passage.

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

AMENDMENT No. 1

Page 2, Line 2: After "appropriations" delete "from unrestricted General Fund"

H.B.458, as amended, then passed on the following roll call:

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

Voting in the affirmative were: Representatives Adair B. Allen S. Allen Anderson Arrington Atkinson Barth Bigelow Bodily Bradshaw Bresnahan Buffmire Bush Carlson Chard Curtis Dillree B. Evans R. Evans Frandsen Garn Goodfellow Gubler Hatch Haymond Hendrickson Hickman Hunsaker Iverson Jensen B. Johnson Jones Killpack Knudson Koehn Larson Matthews Moran Mortimer Murray Nelson Nielsen Oscarson Peterson Pignanelli Protzman Short M. Stephens Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Brown

Voting in the negative were: Representatives Alexander Baca Bradford Davis Harward Olsen N. Stephens

Absent or not voting were: Representatives Bowman Carnahan Ellertson Fox Gowans Holladay Hunter K. Johnson Lockman Seitz Styler Wright

H.B.458, as amended, transmitted to the Senate for its consideration.

* * *

H.B.462, COUNTY SALES TAX AUTHORIZATION, read the third time by short title and placed on its final passage.

On motion of Representative Hatch, the House voted to circle H.B.462.

* * *

H.B.393, SALES TAX FOR INFRASTRUCTURE, read the third time by short title and placed on its final passage.

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

AMENDMENT No. 1

Refer to Revenue and Taxation Standing Committee Report dated 2-20-96 Item #7

Page 5, Line 1: After "Subsection (h)." delete the remaining language and insert the following:

"(h)(i) If HB 53, "Transportation Corridor Preservation," passes in the 1996 General Session, $500,000 each year shall be transferred to the Transportation Corridor Preservation Revolving Loan Fund, and if HB 121, "State Park Access Roads," passes in the 1996 General Session, from July 1, 1997 through June 30, 2006, $500,000 shall be transferred to the Department of Transportation for the State Park Access Highways Improvement Program. The remaining amount generated by 50% of the 1/8% tax rate shall be transferred to the Class B and Class C Roads Account.

(ii) At least 50% of the money transferred to the Transportation Corridor Preservation Revolving Loan Fund under Subsection (5)(h)(i) shall be used to fund loan applications made by the Department of Transportation at the request of local governments."

H.B.393, as amended, then passed on the following roll call:

Yeas, 48; Nays, 22; Absent or not voting, 5.

Voting in the affirmative were: Representatives Adair S. Allen Anderson Baca Barth Bodily Bowman Bradshaw Buffmire Bush Carlson Davis Dillree B. Evans Fox Frandsen Goodfellow Gowans Hatch Haymond Hendrickson Hickman Holladay Hunsaker Iverson B. Johnson K. Johnson Jones Killpack Knudson Koehn Larson Matthews Moran Murray Nielsen Olsen Oscarson Peterson Pignanelli Protzman Seitz Styler Suazo Tuttle Tyler Ure Brown

Voting in the negative were: Representatives Alexander B. Allen Atkinson Bigelow Bradford Chard Curtis Ellertson R. Evans Garn Gubler Harward Jensen Lockman Mortimer Nelson Short M. Stephens N. Stephens Tanner Valentine Waddoups

Absent or not voting were: Representatives Arrington Bresnahan Carnahan Hunter Wright

H.B.393, as amended, transmitted to the Senate for its consideration.

UNFINISHED BUSINESS

On motion of Representative Lockman, the House voted to uncircle 2nd Sub. H.B.120.

2nd Sub. H.B.120, MUNICIPAL INCORPORATION AMENDMENTS, was before the House on its final passage.

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

AMENDMENT No. 1

Page 3, Line 26: After "Subject to" delete "Subsections" and insert "Subsection"

AMENDMENT No. 2

Page 3, Line 26: After "10-2-804(5)(b)" delete "and 10-2-811(7)(c)"

AMENDMENT No. 3

Page 5, Line 30: After "(2)(a)" delete "Except as provided in Section 10-2-811, municipal" and insert "Municipal"

AMENDMENT No. 4

Page 6, Line 21: After "(4)" delete "(a)"

AMENDMENT No. 5

Page 6, Lines 23-24: Delete lines 23 and 24.

AMENDMENT No. 6

Page 8, Line 11: After "(2)" delete "Except as provided in Section 10-2-811, each" and insert "Each"

AMENDMENT No. 7

Page 8, Line 12: After "shall" delete the colon.

AMENDMENT No. 8

Page 8, Line 13: Delete "(a)"

AMENDMENT No. 9

Page 8, Line 14: Delete "(i)" and insert "(a)"

AMENDMENT No. 10

Page 8, Line 15: Delete "(ii)" and insert "(b)"

AMENDMENT No. 11

Page 8, Line 16: Delete "(iii)" and insert "(c)"

AMENDMENT No. 12

Page 8, Line 17: Delete "(iv)" and insert "(d)"

AMENDMENT No. 13

Page 8, Line 19: Delete "(v)" and insert "(e)"

AMENDMENT No. 14

Page 8, Line 20: Delete "(vi)" and insert "(f)"

AMENDMENT No. 15

Page 8, Line 21: Delete "(A)" and insert "(i)"

AMENDMENT No. 16

Page 8, Line 23: Delete "(B)" and insert "(ii)"

AMENDMENT No. 17

Page 8, Line 25: After "legislative body" delete "; and" and insert a period

AMENDMENT No. 18

Page 8, Lines 26-27: Delete lines 26 and 27.

AMENDMENT No. 19

Page 12, Line 11: After "Procedure for" delete "petitions filed before effective date" and insert "resolving boundary overlaps"

AMENDMENT No. 20

Page 12, Lines 12-31: Delete lines 12 through 31.

AMENDMENT No. 21

Page 13, Lines 1-5: Delete lines 1 through 5.

AMENDMENT No. 22

Page 13, Line 6: Delete "(4)(a)(i)" and insert "(1)(a)"

AMENDMENT No. 23

Page 13, Line 8: After "Subsections" delete "(4)(a)(ii) through (iv)" and insert "(1)(b) through (d)"

AMENDMENT No. 24

Page 13, Line 9: Delete "(ii)" and insert "(b)"

AMENDMENT No. 25

Page 13, Line 13: Delete "(iii)" and insert "(c)"

AMENDMENT No. 26

Page 13, Line 17: Delete "(iv)" and insert "(d)"

AMENDMENT No. 27

Page 13, Line 21: Delete "(b)(i)" and insert "(2)"

AMENDMENT No. 28

Page 13, Line 22: After "Subsection" delete "(4)(a)" and insert "(1)"

AMENDMENT No. 29

Page 13, Lines 24-27: Delete lines 24 through 27.

AMENDMENT No. 30

Page 13, Line 28: Delete "(c)(i)" and insert "(3)(a)"

AMENDMENT No. 31

Page 13, Line 30: Delete "(ii)" and insert "(b)"

AMENDMENT No. 32

Page 14, Line 2: Delete "(d)" and insert "(4)"

AMENDMENT No. 33

Page 14, Line 5: Delete "(e)" and insert "(5)"

AMENDMENT No. 34

Page 14, Lines 8-31: Delete lines 8 through 31.

AMENDMENT No. 35

Page 15, Lines 1-11: Delete lines 1 through 11.

AMENDMENT No. 36

Page 17, Lines 22-24: Delete lines 22 through 24.

AMENDMENT No. 37

Page 25, Line 27: After "incorporation petitions" delete "-- Petitions" and insert a period

AMENDMENT No. 38

Page 25, Lines 28-31: Delete lines 28 through 31.

AMENDMENT No. 39

Page 26, Lines 1-6: Delete lines 1-6 and insert:

"(1) Each incorporation petition filed with the county clerk under Title 10, Part 1, Incorporation, before the effective date of this act shall be subject to the provisions of Title 10, Part 8, including all aspects of review by the incorporation review committee.

(2) Notwithstanding Subsection (1), signatures gathered for a petition filed under Title 10, Part 1, Incorporation, before the effective date of this act shall apply toward the signature requirements for a petition under Title 10, Part 8.

(3) If more than one petition has been filed before or within 90 days after the effective date of this act proposing the incorporation of overlapping areas, those overlaps shall be resolved according to the provisions of Title 10, Part 8. Except as otherwise provided in Title 10, Part 8, all provisions of Title 10, Part 8 apply to such petitions proposing the incorporation of overlapping boundaries."

AMENDMENT No. 40

Page 26, Lines 1-6: Delete lines 1 through 6.

On motion of Representative B. Allen, the bill was amended as follows:

AMENDMENT No. 41

Page 9, Line 16: After "municipality" insert "and is primarily a residential area as determined by the Incorporation Review Committee"

2nd Sub. H.B.120 then passed on the following roll call:

Yeas, 60; Nays, 6; Absent or not voting, 9.

Voting in the affirmative were: Representatives Adair B. Allen S. Allen Anderson Atkinson Baca Barth Bigelow Bodily Bowman Bradford Bradshaw Bresnahan Buffmire Bush Carlson Dillree Ellertson B. Evans R. Evans Fox Garn Gowans Gubler Harward Hatch Hendrickson Hickman Holladay Hunsaker Hunter Iverson Jensen B. Johnson K. Johnson Knudson Larson Lockman Matthews Moran Murray Nelson Nielsen Olsen Oscarson Peterson Pignanelli Protzman Seitz Short M. Stephens Styler Suazo Tanner Tuttle Tyler Ure Valentine Waddoups Brown

Voting in the negative were: Representatives Alexander Chard Curtis Davis Goodfellow Killpack

Absent or not voting were: Representatives Arrington Carnahan Frandsen Haymond Jones Koehn Mortimer N. Stephens Wright

2nd Sub. H.B.120 transmitted to the Senate for its consideration.

MISCELLANEOUS BUSINESS

On motion of Representative Ure, the House voted to reconsider its action on H.B.255.

RECONSIDERATION OF H.B.255

H.B.255, ENVIRONMENTAL LIEN ACT, was before the House upon its reconsideration.

On motion of Representative Ure, the House voted to circle H.B.255.

MISCELLANEOUS BUSINESS

On motion of Representative Fox, the House voted to adjourn until February 26, at 7:00 a.m.

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