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FIRST DAY
AFTERNOON SESSION
Pursuant to the proclamation by His Excellency, Governor Michael O. Leavitt, the Senate of the Fifty-First Legislature of the State of Utah met in the Senate Chamber at the State Capitol in Second Special Session at 3:00 p.m. on April 17, 1996.
The Senate was called to order at 3:00 p.m., with President R. Lane Beattie presiding.
Roll Call- All Senators present, except Senator Howell,excused.
Prayer - Senator Nathan Tanner.
Annette B. Moore read the following Certification and Proclamation.
CERTIFICATION
I, OLENE S. WALKER, LIEUTENANT GOVERNOR OF THE STATE OF UTAH, DO HEREBY CERTIFY THAT the attached copy of a Proclamation issued under date of April 9, 1996, and signed by Governor Michael O. Leavitt, is a true and correct copy of the original Proclamation calling the First-First Legislature of the State of Utah into a Second Special Session at the State Capitol at Salt Lake City, Utah on the 17th day of April, 1996, at 2:30 p.m., for the purposes named in the Proclamation.
I FURTHER CERTIFY THAT the membership of the Utah State Senate has not changed from that of the 1996 General Session of the Utah State Legislature.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Utah. Done at the State Capitol in Salt Lake City, Utah, this 10th day of April, 1996.
Olene S. Walker Lieutenant Governor
PROCLAMATION
WHEREAS, since the adjournment of the 1996 General Session of the Fifty-First Legislature of the State of Utah, matters have arisen which require immediate legislative attention; and
WHEREAS, Article VII, Section 6, of the Constitution of the State of Utah, provides that the Governor may, by proclamation, convene the Legislature into a Special Session;
NOW, THEREFORE, I, MICHAEL O. LEAVITT, Governor of the State of Utah, by virtue of the authority vested in me by the Constitution and the laws of the State of Utah, do by this Proclamation call the Fifty-First Legislature of the State of Utah into a Second Special Session at the State Capitol at Salt Lake City, Utah, on the 17th day of April, 1996, at 2:30 p.m., for the following purposes:
1. To consider funding of capital projects.
2. To consider provisions related to conduct of school employees and student activities and performance.
3. To consider changes in voter registration.
4. To appropriate $49,000 for fiscal year 1995-96 from the General Fund to the Industrial Commission for Workplace Safety and to make certain funds non-lapsing.
5. To consider changing the effective dates of H.B.35, SENIOR CITIZEN CENTER FUNDING, H.B.158, VEHICLE EMISSION CONTROL APPROPRIATION, H.B.222, ABORTION ACT AMENDMENTS, and S.B 292, EXECUTIVE AND JUDICIAL COMPENSATION, 1996 General Session.
6. To consider appointments made by the Governor for confirmation by the Senate.
7. And, to consider such other measures as may be brought to the attention of the Legislature by supplemental communication from the Governor before or during the Special Session hereby called.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Utah, done at the State Capitol in Salt Lake City, Utah, this 9th day of April, 1996; and
Pursuant to paragraph 3, Item 7, of the Executive Proclamation calling the 1996 Second Special Session, I am adding the following items to the call:
1. To consider providing public education a first priority on the rainy day fund in the event the rainy day fund is used to cover revenue shortfalls.
2. To consider ensuring that school districts do not lose state guaranteed funds under board and voted leeway when local tax rates must be reduced to meet requirements of the certified tax rate.
3. To reconsider H.B.194, COLLEGE SAVINGS INCENTIVE PROGRAM, 1996 General Session, to reduce the amount of savings that may be excluded from state taxes.
4. To reconsider H.B.343, INSURANCE AMENDMENTS, 1996 General Session.
5. To consider changing the effective dates of H.B.35, SENIOR CITIZEN CENTER FUNDING; H.B.158, VEHICLE EMISSION CONTROL APPROPRIATION; H.B.222, ABORTION ACT AMENDMENTS; S.B.292, EXECUTIVE AND JUDICIAL COMPENSATION; and H.B.308, WATER CONSERVANCY ACT AMENDMENT, 1996 General Session.
Michael O. Leavitt Governor
Olene S. Walker Lieutenant Governor
* * *
On motion of Senator Holmgren, the Senate Rules and Joint Rules of the 1996 General Session of the Fifty-First Legislature were adopted for the Second Special Session.
President Beattie appointed a committee comprised of Senators Myrin, Steele, and Steiner to notify the Governor that the Senate is gathered in the Second Special Session in accordance with his proclamation and that the Senate is organized and ready to receive any communications from him.
President Beattie appointed a committee comprised of Senators Taylor, Poulton, and Dmitrich to notify the House of Representatives that the Senate is organized and ready to do business.
President Beattie appointed Senators Buhler, Montgomery, and Wharton to read and revise the Senate Journal for the Second Special Session.
Senator Myrin reported that His Excellency Governor Michael O. Leavitt had been notified.
Senator Taylor reported that the House was organized and ready to do business.
Representatives M. Evans, Bodily, and Buffmire notified the Senate that the House was organized and ready to do business.
READING OF TITLES OF BILLS AND RESOLUTIONS
On motion of Senator John P. Holmgren, and as provided by the Utah State Constitution, the Senate voted to suspend the reading of the full titles of all bills and resolutions on the Senate Calendar as they are read the first time and introduced, and as all bills and resolutions are considered on Second Reading, Third Reading and on Consent Calendar. The motion is to apply to all bills and resolutions introduced and read for the remainder of this legislative session, except as an individual senator may request the reading of the full title of any House or Senate bill or resolution.
COMMUNICATIONS FROM THE GOVERNOR
Mr. President: April 9, 1996
In accordance with Sections 67-1-1 and 2, and Sections 20A-14-106 and 20A-1-507, Utah Code Annotated 1953, I propose and transmit the following appointment:
UTAH STATE BOARD OF EDUCATION/UTAH STATE BOARD FOR APPLIED TECHNOLOGY EDUCATION
John Watson appointed as a member of the Utah State Board of Education/Utah State Board for Applied Technology Education, filling the unexpired term of Thomas F. Davidson who resigned, for a term to expire December 31, 1998; and
In accordance with Sections 67-1-1 and 2, Utah Code Annotated 1953, I propose and transmit the following appointment:
DEPARTMENT OF WORKFORCE SERVICES
Robert C. Gross appointed as the Acting Executive Director of the Department of Workforce Services. Section 35A-1-401, Utah Code Annotated 1953, as amended.
Thank you for your timely consideration and confirmation of the above appointment.
Michael O. Leavitt Governor
Communications filed. On motion of Senator C. Peterson, the fifteen day waiting period was waived. Senator Myrin moved that the Senate consent to the Governor's appointments as listed on the communications dated April 4, and April 9, 1996 and as read by Sandy D. Tenney. The motion passed on the following roll call:
Yeas, 28; Nays, 0; Absent, 1.
Voting in the affirmative were: Senators Black Blackham Buhler Dmitrich Hillyard Holmgren Hull Mansell Mantes Mayne McAllister Money Montgomery Myrin C. Peterson M. Peterson Poulton Rees Richards Steele Steiner Stephenson Stewart Tanner Taylor Watson Wharton Beattie
Absent or not voting was: Senator Howell
INTRODUCTION OF BILLS
VOTED AND BOARD LEEWAY AMENDMENT
S.B.1001 David H. Steele
AN ACT RELATING TO PUBLIC SCHOOLS; PROVIDING THAT THE AMOUNT OF STATE SUPPORT A SCHOOL DISTRICT WOULD RECEIVE UNDER A VOTED OR BOARD LEEWAY MAY NOT BE REDUCED FOR THE SOLE REASON THAT THE LEEWAY IS REDUCED DUE TO CHANGES IN THE CERTIFIED TAX RATE BECAUSE OF CHANGES IN PROPERTY VALUATION; AND PROVIDING AN EFFECTIVE DATE, was read for the first time.
INSURANCE AMENDMENTS
S.B.1002 Craig A. Peterson
AN ACT RELATING TO INSURANCE; AMENDING DEFINITIONS; AMENDING PROVISIONS REFERRING TO SURPLUS REQUIREMENTS FOR INSURERS; AMENDING DIVIDEND AND DISTRIBUTION PROVISIONS; ESTABLISHING REPORTING REQUIREMENTS FOR MATERIAL TRANSACTIONS; AMENDING RESTRICTIONS ON FOREIGN TITLE INSURERS; AMENDING REPORTING REQUIREMENTS FOR EXCESS SURPLUS; REPEALING SOLVENCY STANDARDS; ESTABLISHING REQUIREMENTS FOR RISK BASED CAPITAL; ESTABLISHING PROCEDURES FOR REPORTING AND COMMISSION ACTION BASED OR RISK BASED CAPITAL; AMENDING PROVISION ON VALUATION OF ASSETS; REPEALING CERTAIN PROVISIONS ON INVESTMENT RESTRICTIONS; AMENDING DEFINITIONS IN AND SCOPE OF MEDICARE SUPPLEMENT INSURANCE MINIMUM STANDARDS ACT; AMENDING DEFINITIONS INVOLVING INSURANCE MARKETING; AMENDING CONTINUING EDUCATION REQUIREMENTS; AMENDING REQUIREMENTS OF TITLE INSURANCE AGENTS; AMENDING PROBATION PROCESS; CHANGING ORGANIZATION LICENSE TO AGENCY LICENSE; DEFINING CERTAIN TYPES OF CLAIMS; AMENDING SPECIAL CLAIMS PROVISIONS IN LIQUIDATION; PROVIDING FOR CLAIM ESTIMATION AND COMMUTATIONS; AMENDING SET OFF AND COUNTER CLAIM PROVISIONS; MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE, was read for the first time.
RESPONSIBILITIES OF SCHOOL EMPLOYEES AND LIMITATIONS REGARDING STUDENT CLUBS
S.B.1003 Craig L. Taylor
AN ACT RELATING TO PUBLIC EDUCATION; PROHIBITING ACCESS TO SPECIFIED STUDENT CLUBS AND ORGANIZATIONS; AUTHORIZING LOCAL SCHOOL DISTRICTS TO RESTRICT ACCESS OF STUDENT CLUBS AND ORGANIZATIONS; PROVIDING THAT NEITHER SCHOOL EMPLOYEES NOR VOLUNTEERS MAY SUPPORT OR ENCOURAGE CRIMINAL CONDUCT; ALLOWING LOCAL SCHOOL DISTRICTS TO REQUIRE PARENTAL PERMISSION FOR STUDENT INVOLVEMENT IN SCHOOL CLUBS AND ORGANIZATIONS; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A SEVERABILITY CLAUSE, was read for the first time.
* * *
On motion of Senator C. Peterson, under suspension of the rules, S.B.1001, 1002, and S.B.1003 were placed on the Second Reading Calendar.
SECOND READING CALENDAR
On motion of Senator Steele, under suspension of the rules, S.B.1001, VOTED AND BOARD LEEWAY AMENDMENT, was read the second and third times. Senator Steele explained the bill. The bill passed on the following roll call:
Yeas, 28; Nays, 0; Absent, 1.
Voting in the affirmative were: Senators Black Blackham Buhler Dmitrich Hillyard Holmgren Hull Mansell Mantes Mayne McAllister Money Montgomery Myrin C. Peterson M. Peterson Poulton Rees Richards Steele Steiner Stephenson Stewart Tanner Taylor Watson Wharton Beattie
Absent or not voting was: Senator Howell
S.B.1001 was transmitted to the House.
* * *
S.B.1002, INSURANCE AMENDMENTS, was read the second time. Senator C. Peterson explained the bill. Senator Stewart commented. On motion of Senator C. Peterson, the bill was circled.
* * *
On motion of Senator Taylor, under suspension of the rules, S.B.1003, RESPONSIBILITIES OF SCHOOL EMPLOYEES AND LIMITATIONS REGARDING STUDENT CLUBS, was read the second and third times. Senator Taylor explained the bill. Senators Beattie, Rees, Hillyard, Stewart, Poulton, Steiner, Mayne, Steiner, Steele, Black, Wharton, Hull, Buhler, Montgomery, Dmitrich, and Richards commented. Senator Hillyard moved the following amendments:
1. Page 1, Line 24: After "may" insert "limit or"
The motion to amend passed on a standing vote. Senator Hillyard moved the following amendments:
1. Page 2, Line 7: After "shall" insert "limit or"
The motion to amend failed on a voice vote. Senator Mayne moved that S.B.1003 be considered Wednesday, May 15, 1996, at 1:00 p.m. The motion failed on the following roll call:
Yeas, 8; Nays, 20; Absent, 1.
Voting in the affirmative were: Senators Black Dmitrich Hull Mantes Mayne M. Peterson Steiner Wharton
Voting in the negative were: Senators Blackham Buhler (exp.) Hillyard (exp.) Holmgren Mansell McAllister Money Montgomery Myrin C. Peterson Poulton Rees Richards (exp.) Steele (exp.) Stephenson Stewart Tanner Taylor (exp.) Watson Beattie
Absent or not voting was: Senator Howell
The bill passed on the following roll call:
Yeas, 21; Nays, 7; Absent, 1.
Voting in the affirmative were: Senators Blackham (exp.) Buhler Hillyard Holmgren Hull Mansell McAllister Money Montgomery Myrin C. Peterson (exp.) Poulton Rees (exp.) Richards Steele Stephenson Stewart (exp.) Tanner (exp.) Taylor Watson (exp.) Beattie
Voting in the negative were: Senators Black (exp.) Dmitrich Mantes (exp.) Mayne (exp.) M. Peterson (exp.) Steiner Wharton
Absent or not voting was: Senator Howell
S.B.1003, as amended, was transmitted to the House.
* * *
Senator Taylor moved that the legislative history and intent language (found on page 27) be placed in the Senate Journal. The motion passed on the following roll call:
Yeas, 22; Nays, 5; Absent, 2.
Voting in the affirmative were: Senators Black Blackham Hillyard Holmgren Hull Mansell Mayne McAllister Money Montgomery Myrin C. Peterson Poulton Rees Richards Steele Stephenson Stewart Tanner Taylor Watson Beattie
Voting in the negative were: Senators Dmitrich Mantes M. Peterson Steiner Wharton
Absent or not voting were: Senators Buhler Howell
* * *
Senator Taylor moved that the letters found on (page 45) be placed in the Senate Journal as support language. The motion passed on the following roll call:
Yeas, 22; Nays, 6; Absent, 1.
Voting in the affirmative were: Senators Blackham Buhler Hillyard Holmgren Hull Mansell Mayne McAllister Money Montgomery Myrin C. Peterson Poulton Rees Richards Steele Stephenson Stewart Tanner Taylor Watson Beattie
Voting in the negative were: Senators Black (exp.) Dmitrich Mantes M. Peterson Steiner Wharton
Absent or not voting was: Senator Howell
COMMUNICATION FROM THE GOVERNOR
Mr. President: April 17, 1996
Pursuant to Paragraph 3, Item 7, of the Executive Proclamation calling the 1996 Second Special Session, I am adding the following item to the call:
1. To consider providing mechanisms to fund operating deficits in public education appropriations, including identifying a portion of the rainy day fund as available for operating deficits.
Michael O. Leavitt Governor
Communication filed.
COMMUNICATIONS FROM THE HOUSE
Mr. President: April 17, 1996
The Speaker of the House has signed S.B.1001, VOTED AND BOARD LEEWAY AMENDMENT, by Senator D. Steele, and it is transmitted for the signature of the President.
Carole E. Peterson Chief Clerk
S.B.1001 was signed by the President of the Senate in open session. The bill will be enrolled and transmitted to the Governor.
* * *
Mr. President: April 17, 1996
The House passed H.B.1001, APPROPRIATIONS FOR INDUSTRIAL COMMISSION, by Representative E. Olsen, and it is transmitted for consideration; and
The House passed H.B.1002, CHANGING VOTER REGISTRATION OPTIONS, by Representative B. Allen, and it is transmitted for consideration; and
The House passed H.B.1004, EFFECTIVE DATES AND FISCAL YEARS IN LEGISLATION, by Representative S. Koehn, and it is transmitted for consideration.
Carole E. Peterson Chief Clerk
Communications filed. H.B.1001, H.B.1002, and H.B.1004, under suspension of the rules, were read the first time and placed on the Second Reading Calendar.
SECOND READING CALENDAR
On motion of Senator C. Peterson, the circle was removed from S.B.1002, INSURANCE AMENDMENTS, and under suspension of the rules, was read the second and third times and bill passed on the following roll call:
Yeas, 25; Nays, 2; Absent, 2.
Voting in the affirmative were: Senators Black Blackham Buhler Dmitrich Hillyard Holmgren Hull Mansell Mantes McAllister Money Montgomery Myrin C. Peterson M. Peterson Poulton Rees Richards Steele Steiner Stephenson Stewart (exp.) Tanner Watson Beattie
Voting in the negative were: Senators Mayne (exp.) Wharton
Absent or not voting were: Senators Howell Taylor
S.B.1002 was transmitted to the House.
* * *
On motion of Senator C. Peterson, and at 6:35 p.m., the Senate sauntered. The Senate was called to order at 8:35 p.m., with President Beattie presiding.
COMMUNICATION FROM THE HOUSE
Mr. President: April 17, 1996
The House passed H.B.1006, WATER CONSERVANCY ACT - EFFECTIVE DATE, by Representative C. Fox, and it is transmitted for consideration.
Carole E. Peterson Chief Clerk
Communication filed. H.B.1006, under suspension of the rules, was read the first time and placed on the Second Reading Calendar.
SECOND READING CALENDAR
On motion of Senator Holmgren, under suspension of the rules, H.B.1001, APPROPRIATIONS FOR INDUSTRIAL COMMISSION, was read the second and third times. Senator Holmgren explained the bill. Senator Mayne commented. The bill passed on the following roll call:
Yeas, 22; Nays, 0; Absent, 7.
Voting in the affirmative were: Senators Black Buhler Dmitrich Hillyard Holmgren Mansell Mantes Mayne McAllister Money Myrin C. Peterson M. Peterson Poulton Rees Richards Steele Steiner Stephenson Stewart Tanner Beattie
Absent or not voting were: Senators Blackham Howell Hull Montgomery Taylor Watson Wharton
H.B.1001 was signed by the President of the Senate in open session and returned to the House.
* * *
On motion of Senator Mantes, under suspension of the rules, H.B.1002, CHANGING VOTER REGISTRATION OPTIONS, was read the second and third times. Senator Mantes explained the bill. Senators Mayne, Black, Beattie, and Blackham commented. Senator Mayne moved the following amendments:
1. Page 13, Line 23: After "last" insert "Monday, and the first"
2. Page 13, Line 25: After "last" insert "Monday, and the first"
3. Page 13, Line 29: After "second" insert "Monday, and the second"
The motion to amend passed on a standing vote. The bill passed on the following roll call:
Yeas, 22; Nays, 3; Absent, 4.
Voting in the affirmative were: Senators Black Blackham Buhler Dmitrich Holmgren Mansell Mantes Mayne McAllister Money Montgomery Myrin C. Peterson M. Peterson Rees Richards Steele Steiner Stephenson Tanner Taylor Beattie
Voting in the negative were: Senators Hillyard Poulton Stewart
Absent or not voting were: Senators Howell Hull Watson Wharton
H.B.1002, as amended, was returned to the House.
* * *
On motion of Senator Steele, under suspension of the rules, H.B.1004, EFFECTIVE DATES AND FISCAL YEARS IN LEGISLATION, was read the second and third times. Senator Steele explained the bill. The bill passed on the following roll call:
Yeas, 25; Nays, 0; Absent, 4.
Voting in the affirmative were: Senators Black Blackham Buhler Dmitrich Hillyard Holmgren Mansell Mantes Mayne McAllister Money Montgomery Myrin C. Peterson M. Peterson Poulton Rees Richards Steele Steiner Stephenson Stewart Tanner Taylor Beattie
Absent or not voting were: Senators Howell Hull Watson Wharton
H.B.1004 was signed by the President of the Senate in open session and returned to the House.
* * *
On motion of Senator C. Peterson, under suspension of the rules, H.B.1006, WATER CONSERVANCY ACT - EFFECTIVE DATE, was read the second and third times. Senator C. Peterson explained the bill. Senators Dmitrich and C. Peterson declared a conflict of interest. The bill passed on the following roll call:
Yeas, 24; Nays, 0; Absent, 5.
Voting in the affirmative were: Senators Black Blackham Buhler Dmitrich Hillyard Holmgren Mansell Mantes Mayne McAllister Money Montgomery Myrin C. Peterson M. Peterson Poulton Richards Steele Steiner Stephenson Stewart Tanner Taylor Beattie
Absent or not voting were: Senators Howell Hull Rees Watson Wharton
H.B.1006 was signed by the President of the Senate in open session and returned to the House.
* * *
On motion of Senator C. Peterson, and at 9:05 p.m., the Senate sauntered. The Senate was called to order at 11:00 p.m., with President Beattie presiding.
COMMUNICATION FROM THE GOVERNOR
Mr. President: April 17, 1996
Pursuant to paragraph 3, Item 7, of the Executive Proclamation calling the 1996 Second Special Session, I am adding the following items to the call:
1. To reconsider H.B.303, CRUELTY TO ANIMALS, 1996 General Session.
2. To consider expanding the sales and use tax exemption to include contracts or orders for items used in steel mills if the contracts constitute legal obligations for purchase or lease and constitute a sale or lease before a certain date.
Michael O. Leavitt Governor
Communication filed.
COMMUNICATIONS FROM THE HOUSE
Mr. President: April 17, 1996
The House refused to concur with the Senate Amendments to H.B.1002, CHANGING VOTER REGISTRATION OPTIONS, by Representative B. Allen, and requests the Senate recede from its amendments.
Carole E. Peterson Chief Clerk
On motion of Senator Mayne, the Senate voted to refuse to recede from its amendments to H.B.1002. President Beattie appointed a conference committee consisting of Senators Buhler, Mantes, and Mayne to meet with a like committee from the House.
* * *
Mr. President: April 17, 1996
The House passed, as amended, H.B.1007, PUBLIC EDUCATION OPERATING DEFICITS, by Representative K. Garn, and it is transmitted for consideration.
Carole E. Peterson Chief Clerk
Communication filed. H.B.1007, under suspension of the rules, was read the first time and placed on Second Reading Calendar.
SECOND READING CALENDAR
On motion of Senator Hillyard, under suspension of the rules, H.B.1007, PUBLIC EDUCATION OPERATING DEFICITS, was read the second and third times. Senator Hillyard explained the bill. Senators Poulton, Stewart, Myrin, and Rees commented. Senator Stewart moved the following amendments:
1. Page 3, Line 1: Lilac Copy: Delete "shall" and insert "may"
2. Page 3, Line 3a: Lilac Copy: Delete "shall" and insert "may"
The motion to amend failed on a voice vote. The bill passed on the following roll call:
Yeas, 23; Nays, 3; Absent, 3.
Voting in the affirmative were: Senators Black Blackham Buhler Dmitrich Hillyard Holmgren Mansell Mantes Mayne McAllister Money Montgomery C. Peterson M. Peterson Poulton Rees Steele Steiner Stephenson Tanner Watson Wharton Beattie
Voting in the negative were: Senators Myrin Richards Stewart
Absent or not voting were: Senators Howell Hull Taylor
H.B.1007 was signed by the President of the Senate in open session and returned to the House.
INTRODUCTION OF BILL
SALES AND USE TAX EXEMPTION - STEEL MILL CONTRACTS AND ORDERS
S.B.1004 John P. Holmgren
AN ACT RELATING TO THE SALES AND USE TAX ACT; EXPANDING THE SALES AND USE TAX EXEMPTION FOR CERTAIN ITEMS USED IN STEEL MILLS TO INCLUDE CONTRACTS OR ORDERS FOR THOSE ITEMS UNDER CERTAIN CIRCUMSTANCES; MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE, was read for the first time and under suspension of the rules was placed on Second Reading Calendar.
COMMUNICATIONS FROM THE HOUSE
Mr. President: April 17, 1996
The House passed, as amended, H.B.1003, COLLEGE SAVINGS INCENTIVE PROGRAM, by Representative D. Peterson, and it is transmitted for consideration.
Carole E. Peterson Chief Clerk
Communication filed. H.B.1003, under suspension of the rules, was read the first time and placed on Second Reading Calendar.
* * *
Mr. President: April 17, 1996
The Speaker of the House has signed S.B.1002, INSURANCE AMENDMENTS, by Senator C. Peterson, and it is transmitted for the signature of the President.
Carole E. Peterson Chief Clerk
S.B.1002 was signed by the President of the Senate in open session. The bill will be enrolled and transmitted to the Governor.
SECOND READING CALENDAR
On motion of Senator Holmgren, under suspension of the rules, S.B.1004, SALES AND USE TAX EXEMPTION - STEEL MILL CONTRACTS AND ORDERS, was read the second and third times. Senator Holmgren explained the bill. The bill passed on the following roll call:
Yeas, 26; Nays, 0; Absent, 3.
Voting in the affirmative were: Senators Black Blackham Buhler Dmitrich Hillyard Holmgren Mansell Mantes Mayne McAllister Money Montgomery Myrin C. Peterson M. Peterson Poulton Rees Richards Steele Steiner Stephenson Stewart Tanner Watson Wharton Beattie
Absent or not voting were: Senators Howell Hull Taylor
S.B.1004 was transmitted to the House.
* * *
On motion of Senator Watson, under suspension of the rules, H.B.1003, COLLEGE SAVINGS INCENTIVE PROGRAM, was read the second and third times. Senator Watson explained the bill. The bill passed on the following roll call:
Yeas, 25; Nays, 0; Absent, 4.
Voting in the affirmative were: Senators Black Blackham Dmitrich Hillyard Holmgren Mansell Mantes Mayne McAllister Money Montgomery Myrin C. Peterson M. Peterson Poulton Rees Richards Steele Steiner Stephenson Stewart Tanner Watson Wharton Beattie
Absent or not voting were: Senators Buhler Howell Hull Taylor
H.B.1003 was signed by the President of the Senate in open session and returned to the House.
INTRODUCTION OF BILL
FUNDING CAPITAL PROJECTS
S.B.1005 Robert F. Montgomery
AN ACT RELATING TO APPROPRIATIONS; APPROPRIATING $52,552,000 TO THE DIVISION OF FACILITIES CONSTRUCTION AND MANAGEMENT FOR CAPITAL FACILITIES FOR THE FISCAL YEAR BEGINNING JULY 1, 1996 AND ENDING JUNE 30, 1997; PROVIDING INTENT LANGUAGE GOVERNING EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE, was read for the first time.
* * *
On motion of Senator Montgomery, under suspension of the rules, S.B.1005 was placed on Second Reading Calendar.
SECOND READING CALENDAR
On motion of Senator Montgomery, under suspension of the rules, S.B.1005, FUNDING CAPITAL PROJECTS, was read the second and third times. Senator Montgomery explained the bill. Senators Beattie, Dmitrich, Black, Buhler, and Blackham commented. On motion of Senator Dmitrich, the bill was amended as follows:
1. Page 4, Lines 29-31: Delete lines 29, 30, and 31
2. Page 5, Line 1: Delete "(10) and insert "(9)"
On motion of Senator Montgomery, the bill was circled.
COMMUNICATIONS FROM THE HOUSE
Mr. President: April 17, 1996
The House passed, as amended, S.B.1003, RESPONSIBILITIES OF SCHOOL EMPLOYEES AND LIMITATIONS REGARDING STUDENT CLUBS, by Senator C. Taylor, and it is transmitted for consideration.
Carole E. Peterson, Chief Clerk
On motion of Senator Taylor, the Senate voted to concur in the House amendments. The bill, as amended, passed on the following roll call:
Yeas, 20; Nays, 7; Absent, 2.
Voting in the affirmative were: Senators Blackham Buhler Hillyard Holmgren Mansell McAllister Money Montgomery Myrin C. Peterson Poulton Rees Richards Steele Stephenson Stewart Tanner Taylor Watson Beattie
Voting in the negative were: Senators Black Dmitrich Mantes Mayne M. Peterson Steiner Wharton
Absent or not voting were: Senators Howell Hull
S.B.1003 was returned to the House.
* * *
On motion of Senator Montgomery, the circle was removed from S.B.1005, FUNDING CAPITAL PROJECTS, and under suspension of the rules, was read the second and third times. On motion of Senator Blackham, the bill was amended as follows:
1. Page 1, Line 8: After "EXPENDITURES" insert "AND AUTHORIZATION FOR OTHER FACILITIES; CLARIFYING THE AUTHORITY OF THE STATE BUILDING OWNERSHIP AUTHORITY;"
2. Page 1, Line 12: After line 12 insert: "63-9a-3, as last amended by Chapter 335, Laws of Utah 1996"
3. Page 2, Line 11: After line 11 insert: "Section 2. Section 63-9a-3 is amended to read: 63-9a-3Definitions. As used in this chapter: (1) "Authority" means the State Building Ownership Authority created by this chapter. (2) (a) "Facility" or "facilities" means any public building, structure, or property for any governmental purpose of state bodies, and the related and appurtenant easements, rights-of-way, improvements, paving, utilities, landscaping, parking facilities, and the lands and grounds, together with the personal property necessary, convenient or appurtenant thereto. (b) "Facility" includes a golf course. (3) (a) "State body" or "state bodies" means the state and any department, board, commission or agency of the state. (b) Except as provided in Subsection (c), "state body" or "state bodies" does not mean colleges and universities. (c) "State body" or "state bodies" includes a college or university when the obligation to be issued will finance the acquisition or construction of research facilities or student centers at the college or university. (d) "State body" or "state bodies" includes applied technology centers. (4) "Obligations" means any mortgage certificates, notes, debentures, interim certificates, revenue bonds or other evidences of financial indebtedness, but not including general obligation bonds. (5) "Mortgage" means any mortgage, trust deed, indenture, pledge agreement, assignment, security agreement, financing statement, or other instrument pursuant to which property may be encumbered as security for obligations. (6) "Acquire or construct," "acquired or constructed," "constructed or acquired," "acquiring or constructing," or "acquisition or construction" means any acquisition, construction, reconstruction, restoration, enlargement, improvement, renovation, repair, replacement, equipping or furnishing, in whole or in part, of a facility."
4. Page 5, Line 14: After line 14 insert: "(11) (a) The State Building Ownership Authority, under authority of Title 63, Chapter 9a, State Building Ownership Authority Act, may issue or execute obligations, or enter into or arrange for a lease purchase agreement in which participation interests may be created, to provide up to $600,000 for the construction of a technology programs/administration building in the Richfield area, together with additional amounts necessary to: (i) pay costs of issuance; (ii) pay capitalized interest; and (iii) fund any debt service reserve requirements. (b) The State Building Ownership Authority shall work cooperatively with the State Office of Education to seek out the most cost effective and prudent lease purchase plan available. (12) (a) The State Building Ownership Authority, under authority of Title 63, Chapter 9a, State Building Ownership Authority Act, may issue or execute obligations, or enter into or arrange for a lease purchase agreement in which participation interests may be created, to provide up to $2,800,000 for the construction of a technical training/community services building in the Richfield area, together with additional amounts necessary to: (i) pay costs of issuance; (ii) pay capitalized interest; and (iii) fund any debt service reserve requirements. (b) The State Building Ownership Authority shall work cooperatively with the State Office of Education to seek out the most cost effective and prudent lease purchase plan available." Renumber remaining sections accordingly.
On motion of Senator Buhler, the bill was amended as follows:
1. Page 4, Line 6: Delete "and the award of the bid" and after "Hall" delete ", pending appropriation of"
2. Page 4, Line 7: Delete "construction funds"
The bill passed on the following roll call:
Yeas, 25; Nays, 0; Absent, 4.
Voting in the affirmative were: Senators Black Blackham Buhler Dmitrich Hillyard Holmgren Mantes Mayne McAllister Money Montgomery Myrin C. Peterson M. Peterson Poulton Richards Steele Steiner Stephenson Stewart Tanner Taylor Watson Wharton Beattie
Absent or not voting were: Senators Howell Hull Mansell Rees
S.B.1005, as amended, was transmitted to the House.
* * *
COMMUNICATIONS FROM THE HOUSE
Mr. President: April 18, 1996
The Speaker of the House has appointed a Conference Committee consisting of B. Allen, G. Curtis, and J. Arrington to meet with a like committee from the Senate to consider or amend H.B.1002, CHANGING VOTER REGISTRATION OPTIONS, by Representative B. Allen.
Carole E. Peterson Chief Clerk
Communication filed.
JOINT CONFERENCE COMMITTEE REPORT FOR H.B.1002
Mr. President: April 17, 1996
Your Conference Committee consisting of Senators Mantes, Mayne, and Buhler and Representatives Allen, Arrington, and Curtis to which was referred H.B.1002, Changing Voter Registration Options, by Representative Brian R. Allen, proposes the following amendments:
1. Page 13, Line 23: After "on the" bracket "first" and insert "Monday and" and after "Tuesday" insert ", the seventh and eighth day,"
2. Page 13, Line 25: After "on the" bracket "first" and insert "Monday and" and after "Tuesday" insert ", the seventh and eighth day,"
3. Page 13, Line 27: After "on the" bracket "first" and insert "Monday and" and after "Tuesday" insert ", the seventh and eighth day,"
4. Page 13, Line 29: After "on the" bracket "second" and insert "Monday and" and after "Tuesday" insert ", the seventh and eighth day,"
George Mantes Senate Committee Chair Brian Allen House Committee Chair
Communication filed. On motion of Senator Mantes, the Senate voted to adopt the Conference Committee report. The bill, as amended, passed on the following roll call:
Yeas, 26; Nays, 0; Absent, 3.
Voting in the affirmative were: Senators Black Buhler Dmitrich Hillyard Holmgren Mansell Mantes Mayne McAllister Money Montgomery Myrin C. Peterson M. Peterson Poulton Rees Richards Steele Steiner Stephenson Stewart Tanner Taylor Watson Wharton Beattie
Absent or not voting were: Senators Blackham Howell Hull
H.B.1002 was returned to the House.
* * *
On motion of Senator Taylor, minor amendments were made to the intent language for S.B.1003, which will be reflected in the intent language located on pages 27-44.
* * *
On motion of Senator C. Peterson, and at 1:00 a.m., the Senate sauntered.
The Senate was called to order at 1:15 a.m., with President Beattie presiding.
COMMUNICATION FROM THE HOUSE
Mr. President: April 18, 1996
The House passed, as amended, H.B.1008, AMENDMENTS TO ANIMAL CRUELTY PROVISIONS, by Representative F. Pignanelli, and it is transmitted for consideration.
Carole E. Peterson Chief Clerk
Communication filed. On motion of Senator Buhler, under suspension of the rules, H.B.1008 was read the first time and placed on Second Reading Calendar.
SECOND READING CALENDAR
On motion of Senator Buhler, under suspension of the rules, H.B.1008, AMENDMENTS TO ANIMAL CRUELTY PROVISIONS, was read the second and third times. Senator Buhler explained the bill. Senators Beattie, McAllister, Black, Watson, Myrin, and Poulton commented. The bill passed on the following roll call:
Yeas, 22; Nays, 1; Absent, 6.
Voting in the affirmative were: Senators Black Buhler Dmitrich Hillyard Holmgren Mansell Mantes Mayne McAllister Montgomery Myrin C. Peterson M. Peterson Poulton Rees Richards Steele Steiner Tanner Taylor Wharton Beattie
Voting in the negative was: Senator Watson
Absent or not voting were: Senators Blackham Howell Hull Money Stephenson Stewart
H.B.1008 was signed by the President of the Senate in open session and returned to the House.
COMMUNICATIONS FROM THE HOUSE
Mr. President: April 18, 1996
The Speaker of the House has signed S.B.1003, RESPONSIBILITIES OF SCHOOL EMPLOYEES AND LIMITATIONS REGARDING STUDENT CLUBS, by Senator C. Taylor, and it is transmitted for the signature of the President; and
The Speaker of the House has signed S.B.1004, SALES AND USE TAX EXEMPTION - STEEL MILL CONTRACTS AND ORDERS, by Senator J. HOLMGREN, et al, and it is transmitted for the signature of the President.
Carole E. Peterson Chief Clerk
S.B.1003 and S.B.1004 were signed by the President of the Senate in open session. The bills will be enrolled and transmitted to the Governor.
* * *
Mr. President: April 18, 1996
The House adopted the Joint Conference Committee Report dated April 18, 1996 and passed H.B.1002, CHANGING VOTER REGISTRATION OPTIONS, by Representative B. Allen, and it is transmitted for the signature of the President.
Carole E. Peterson Chief Clerk
H.B.1002 was signed by the President of the Senate in open session and returned to the House.
* * *
On motion of Senator Mantes the following intent language was placed in the Senate Journal.
Intent language for H.B.1002
It is the intent of the Legislature that the conference committee report to H.B.1002, CHANGING VOTER REGISTRATION OPTIONS, supercede the Senate amendments and amend the original bill and not the goldenrod copy.
COMMUNICATION FROM THE HOUSE
Mr. President: April 18, 1996
The Speaker of the House has signed S.B.1005, FUNDING CAPITAL PROJECTS, by Senator R. MONTGOMERY, and it is transmitted for the signature of the President.
Carole E. Peterson Chief Clerk
S.B.1005 was signed by the President of the Senate in open session. The bill will be enrolled and transmitted to the Governor.
* * *
President Beattie appointed a committee comprised of Senators Stephenson, Rees, and Mayne to wait upon the Governor and ask if he has any further business to bring before the Senate.
President Beattie appointed a committee comprised of Senators Watson, Mansell, and M. Peterson to notify the House of Representatives that the Senate has concluded its business and is ready to adjourn sine die.
The Honorable Governor Michael O. Leavitt thanked the Senate for their work.
On motion of Senator Hillyard, the Senate voted to give each member of the Senate staff an additional day (8 hours) compensation at the rate of compensation established for each employee.
A committee from the House of Representatives comprised of Representatives Waddoups, Atkinson, and M. Evans notified the Senate that the House has concluded its business and is ready to adjourn sine die.
On motion of Senator C. Peterson, and at 2:00 a.m., the 1996 Second Special Session of the 51st Legislature adjourned sine die.
