STATE OF UTAH SENATE JOURNAL 1997 GENERAL SESSION of the FIFTY-SECOND LEGISLATURE FIRST DAY MORNING SESSION Pursuant to the provisions of the Constitution of the State of Utah, the Senators of the Fifty-Second Legislature of the State of Utah convened in General Session in the Senate Chamber on Monday, January 20, 1997 at ten o'clock a.m. The Honorable Associate Chief Justice Richard C. Howe called the Senate to order. Prayer - President James E. Faust, Second Counselor in the First Presidency, The Church of Jesus Christ of Latter-Day Saints. On motion of Senator C. Peterson, the Senate thanked President James E. Faust for delivering the invocation and ordered it printed upon the pages of the Senate Journal. PRAYER BY PRESIDENT JAMES E. FAUST "Our Holy Father in Heaven, On this historic day, we pause in thanksgiving for the blessings which have been bestowed upon this great state. We pray for the widow of the family of Kurt Oscarson, a member of the House of Representatives, who passed away; bless them and be with them. We also pray that thy spirit will attend each member of this body to give them wisdom, understanding, and humility. We celebrate this year the sesquicentennial of the arrival of the pioneers in this valley who began the beginnings of the marvelous blessings which we collectively enjoy. And, we also stand at the beginning of a new century, which is historic. This legislature will put in place many things which are needful and beneficial for this state, carrying over for many years into the next century. Give to this body vision and leadership, and may they work together in harmony, disagree but not being disagreeable, finding it easy to cross from one side of the aisle to the other. We're grateful for the families of our citizen legislators and pray thy blessing to be upon them, that they will have the discipline to support and sustain our legislators in their important roles. Now we pray for all the blessings for which we're needful, express the gratitude of our hearts for the many cultures, many peoples which have contributed so greatly to this state. We invoke a blessing upon all of them, every race, religion, creed. I pronounce these blessings humbly in the name of thy son, the Lord Jesus Christ, Amen." POSTING OF COLORS & PLEDGE OF ALLEGIANCE Utah National Guard SPECIAL MUSICAL PRESENTATION "On Stage" - Jan McCardell, Director * * * Annette B. Moore read the following Certification of Membership of the 1997 General Session of the Utah State Senate. CERTIFICATE OF MEMBERSHIP OF THE 1997 GENERAL SESSION OF THE UTAH STATE SENATE 52nd Legislature I, OLENE S. WALKER, Lieutenant Governor of the State of Utah, do hereby certify that at a General Election held within and for the State of Utah on Tuesday, November 8, 1994, the following named persons were chosen by the electors as members of the Legislature of the State of Utah, to serve in the Senate, each for the term of four years, beginning January 1, 1995, to-wit: FIRST DISTRICT: County of Salt Lake Robert C. Steiner THIRD DISTRICT: County of Salt Lake Blaze D. Wharton FOURTH DISTRICT: Counties of Salt Lake, Utah Howard A. Stephenson SEVENTH DISTRICT: County of Salt Lake David L. Buhler NINTH DISTRICT: County of Salt Lake L. Steven Poulton TENTH DISTRICT: County of Salt Lake L. Alma "Al" Mansell ELEVENTH DISTRICT: County of Salt Lake Eddie "Ed" P. Mayne TWELFTH DISTRICT: County of Salt Lake Millie M. Peterson THIRTEENTH DISTRICT: Counties of Salt Lake, Tooele George Mantes FIFTEENTH DISTRICT: County of Utah LeRay McAllister EIGHTEENTH DISTRICT: Counties of Davis, Weber Nathan C. Tanner TWENTY-FIRST DISTRICT: County of Davis David H. Steele TWENTY-SECOND DISTRICT: County of Davis Craig L. Taylor TWENTY-FOURTH DISTRICT: Counties of Box Elder, Cache John P. Holmgren TWENTY-SIXTH DISTRICT: Counties of Carbon, Daggett Duchesne, Summit, Uintah, Wasatch Alarik Myrin I FURTHER CERTIFY that at a General Election held within and for the State of Utah on November 8, 1994, the following named person was chosen by the electors as a member of the Legislature of the State of Utah, to serve in the Senate for a two-year term, in accordance with Utah Code 20A-1-503(3)(a), to fill the unexpired term in District Twenty-eight: TWENTY-EIGHTH DISTRICT: Counties of Juab, Sanpete, Sevier Millard, Piute, Wayne, Beaver, Garfield Leonard M. Blackham I FURTHER CERTIFY that at a General Election held within and for the State of Utah on Tuesday, November 5, 1996, the following named persons were chosen by the electors as members of the Legislature of the State of Utah, to serve in the Senate, each for the term of four years, beginning January 1, 1997, to-wit: SECOND DISTRICT: County of Salt Lake Pete Suazo FIFTH DISTRICT: County of Salt Lake R. Mont Evans SIXTH DISTRICT: County of Salt Lake Michael G. Waddoups EIGHTH DISTRICT: County of Salt Lake Scott N. Howell FOURTEENTH DISTRICT: County of Utah Craig A. Peterson SIXTEENTH DISTRICT: County of Utah Howard C. Nielson SEVENTEENTH DISTRICT: County of Utah Robert M. Muhlestein NINETEENTH DISTRICT: Counties of Weber, Morgan Robert F. Montgomery TWENTIETH DISTRICT: County of Weber Joseph L. Hull TWENTY-THIRD DISTRICT: County of Davis R. Lane Beattie TWENTY-FIFTH DISTRICT: Counties of Cache, Rich, Summit Lyle W. Hillyard TWENTY-SEVENTH DISTRICT: Counties of Carbon, San Juan, Grand, Emery, Kane, Washington Mike Dmitrich TWENTY-EIGHTH DISTRICT: Counties of Juab, Sanpete, Sevier Millard, Piute, Wayne, Beaver, Garfield Leonard M. Blackham TWENTY-NINTH DISTRICT: Counties of Iron, Washington Lorin V. Jones IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Utah at Salt Lake City, this Fifteenth Day of January, 1997. OLENE S. WALKER Lieutenant Governor The Honorable Associate Chief Justice Richard C. Howe administered the oath of office to all newly elected members of the Senate for the Fifty-Second Legislature. Roll Call - All senators present, except Senator Craig Taylor, excused. * * * On motion of Senator C. Peterson, the voted to proceed with its organization and elect its president. The Honorable Associate Chief Justice Richard C. Howe declared nominations for the office of President of the Senate were in order. On motion of Senator C. Peterson, and seconded by Senator Howell, Senator R. Lane Beattie was nominated to serve as President of the Utah State Senate. On motion of Senator McAllister, and seconded by Senator Mantes, the nominations were closed and Senator R. Lane Beattie was elected President of the Senate by acclamation. Senators Blackham, Hillyard, and Mantes escorted Senator Beattie to the podium. The Honorable Associate Chief Justice Richard C. Howe administered the Oath of Office to the President of the Senate, R. Lane Beattie. On motion of Senator C. Peterson, the Senate voted to print the remarks of President Beattie in the Senate Journal. Remarks by President R. Lane Beattie Thank you very much. This is indeed a great honor and privilege. To Justice Howe, I deeply appreciate the honor that he has given to this body, as a previous member of the Utah State Senate, to come back and perform these duties in helping us to get organized. I would like to take just a moment, if I could, and make a few remarks. What a wonderful opening to truly, as Elder Faust said, an historic occasion, the beginning of the second hundred years. What a great opportunity it is of historical significance for you and I to have the opportunity to sit in the seats that we sit in and to represent, most importantly, the people of this state. We've had, in the last several years, unprecedented growth in the state of Utah. An opportunity which brings to the forefront many challenges, opportunities and yes, even struggles. However, there are more things to remember as we get organized than just the bills that will be before us. How appropriate the songs that were sung this morning. I must confess (and I thank very much the Mansell's for making the recommendation of this outstanding group who came and performed for us), it was not until this morning, in fact it was not until just minutes before we started, that I found out that a niece and a nephew were in this group and performing. I don't believe Mansell's knew that either as they made the recommendation. The advantages of a big family, I guess. It makes one reflect on the true importance of what we're here for. About two or three weeks ago the Governor had an opportunity to address the State of Utah. In that address he made several references to families, to God, to our communities and, indeed, our entire nation. I was thrilled by the comments I heard, but extremely troubled by the aftermath of what I heard. In a nation that is very set up to be "one nation, under God" I could not believe, even in Utah, we have to listen to the rhetoric from even people that should have stood up for the very premise of what he said. And yet I guess we shouldn't be surprised. This is America and every citizen, irrespective of their beliefs, their backgrounds, their socioeconomics, has every right to voice their concerns. Families in Utah are important and I hope and pray they will continue to be important. Families are the very fiber of this nation. That it is not a new statement by me as the President of this Senate but has been stated by virtually every President that has ever served this great nation from the very beginning, George Washington and Thomas Jefferson to President Clinton and others who love and value this great land. It is sometimes discouraging when we have the opportunity as leaders to jump forward and to have to represent, in essence, the negative situations that bring about the very worst in government. Today's families, communities and citizens plead for a change in politics. What is that change? What is the change they're asking for? It doesn't matter whether you are a Democrat or a Republican, it seems that it is the status of the day that whenever one has a comment the other has to retort. It seems like it is almost effusive in nature. It carries not only in presidential politics, but it carries over in everything we do. Is that the service that we render to our civilization? Is it the opportunities that we provide to our children to sit around the table and hear mothers and fathers and older brothers and sisters ridicule and find fault with men and women who are trying to do their very best to bring about the solutions that give to this state and our country and this nation the strength. Four years ago, Senator Scott Howell in his opening remarks pleaded with us as a body not to be political. I would like to echo his sentiments, pleading the same discourse. This is no longer a time for politics, it is a time for us to solve the problems of what we must. It is a time for diversity and differences and we need to honor them. This is a time that we all should be proud of who we are and what we represent. We should be proud of the fact that we have Democrats that will stand tall and go to their constituents and represent with every fiber of their being those things that they believe are anchored upon the principles of truth. Likewise we should honor the Republicans for the same opportunities they have. Many people have asked a concern in this very troubled time in the state of Utah, and yet great opportunity, about the diversity of our parties. Is necessary and do we have a two party system? I would like to echo the sentiments of how critically important it is that we have that. And yet how critically important it is that we also have diversity within our parties. I want you know, as the President of this Senate, I will do all that I can to honor the beliefs and the backgrounds and the opinions of every person in this body, irrespective of their political backgrounds. I would also hope, that as we have an opportunity, that we would also ponder something that is even more important. I would like to remind everyone that this is "one nation, under God," and irrespective of your religious beliefs, it is important that we honor the opportunity of citizens everywhere to worship their God as they feel fit. People struggle today with the issue of church and state. I always find it somewhat comical to listen to some of the rhetoric that I hear. Most people don't understand church and state. They have the ignorance and arrogance at times to believe the discussion of God in statehouses breaks that sacred line of church and state. How foolish. How ridiculous. That has never been the case and I hope for all of our sakes that it will never be the case. The cross over of church and state is one wherein the state starts running the religions and where religion starts running the state. We have a majority religion in this state. And it is one that we should, in all honesty, irrespective of our membership, be proud of. But we have many other religions in this state that we should honor for the beauty they have brought to this state. Their diversity and the importance of what they remind all of us about are parts of life that should never be done away with. Last week I had the opportunity to drive down South Temple. I pulled over on the side of the street. And yes, at times I was probably the law and parked in front of the Cathedral of the Madeleine. What an absolutely gorgeous building to represent, even in Utah, a diversity. Several years ago the Monsignor made a comment in a public meeting that I attended when he he said one of the great benefits of being in Utah as a non-Mormon is the fact that everyone can blame the Mormons for everything. You know that is easily done today. Everyone wants to blame something. It doesn't matter whether we're talking about cigarettes in public buildings, tobacco in restaurants or whether we're talking about drinking laws, in Utah it seems like the fingers get pointed in one direction. I can remember other very critical, important and sensitive issues dealing with human rights. That they were not just one religion, but they came from all religions. Religious believers and supporters of not just Christianity, but virtually every known religion in the state of Utah. It is not only I believe their right, but responsibility to make sure that we, as representatives of their people, listen to what is a concern to them. You know, it is easy for people to be rhetorical in statements. Benjamin Franklin even understood this when he said, "Wise men don't need advice; fools won't take it." I'm not surprised then that some of the comments I make today will neither be received or appreciated by certain individuals. And I guess, in a sense, it depends on where you come from as to the wisdom or the foolishness of those individuals. Benjamin Franklin later said, "Any fool can criticize, condemn and complain and most fools do." You will hear, in the coming weeks I believe, all aspects of that statement. And you know, as critical as I can be about the beliefs of other people, I want to point the fingers more directly at you and I. We talk about the importance of the institution that we belong to, the critical nature that we must go through in representing who we are. We are senators of the state of Utah. It is an honor and obligation and indeed a complete responsibility that we have and hold to this state. And yet often times we ourselves are the worst offenders. As we stand before the glowing lights of the camera and criticize the decisions that others have made, we should be ashamed. That doesn't mean that we can't criticize, that we cannot have the opportunity to avail of ourselves knowledge and input into any situation that is important. But at the same time there is something more important. That is the institution. I wonder why over 80% of the people in this state do not know who you are. They don't know where we serve. They don't know that we serve at the State Capitol in Salt Lake City or in Washington, D.C. There should be no surprise at all why people get fed up and disgusted and sickened by what they hear, oftentimes from us. I ask each of you to listen carefully to what you hear in the media in the next few weeks. I would challenge each of you never to back away from things that you believe in. At the same time remember the sacred right that I believe each of you have to represent an institution of representative government that is absolutely unaccomplished in any other task in the world than that of service to their fellow man. Abraham Lincoln also understood the same dilemmas when he said, "What kills a skunk is the publicity it gives itself." I would only hope that you and I don't bring about the criticism that we have an opportunity to turn away from. Today we have an opportunity to celebrate, truly, a great American. And I think even most importantly an aspect of life that we in Utah need to be very sensitive about. We have many challenges facing us this year, and yet opportunities. May I read a quote from Martin Luther King. "The ultimate measure of a man is not where he stands in moments of comfort and convenience but where he stands in times of challenge and controversy." That will be our measure this year. We have an opportunity this year to do things that few other legislators have ever had. I have in front of me a progression chart of transportation. I am very complimentary to people who served here before I did to bring about an opportunity to bring us to where we are today. In 1985 before many of us were ever involved in the legislative process, some of you were thank goodness, we started incredible studies on the I 15 corridor and what we have done is what has brought us to here. Before that, past governors have talked about the future of the state of Utah, where we need to strengthen, what we need to do to bring about changes that will prepare us for the 1990's and beyond. What has taken place? Let me just read a few of those to you. In 1985 I-15/State Street corridor alternatives were analyzed. It was completed. Do you believe it was started in 1985. Absolutely not. Way before that. It was completed in l985. In 1987 the Wasatch Front regional council adopts Alternate 11, two lanes in each direction plus light rail. Do you think somehow we just came up with that last year? Absolutely not. In 1988 business/government alliance endorses alternative 11. In 1990 transportation commission and the UTA Board endorses alternate 11 transportation task force study. In 1993 Transportation and Public Safety interim committee votes to support the funding. In 1994 the Legislature and Governor express support for the project in SCR6. $10 million appropriated. Highway Funding Task Force studied funding. In 1995, when some of us were, $25 million appropriated for final design. Phase I Growth Summit hears issues. In 1996, last year, design bill passed the legislature. Centennial Highway Fund established. $110 million appropriated. RFP's issued by UDOT in the EIS was approved. Not started, but was approved. Why do I read this? The reason that I read this is what an opportunity we have. We are not on a threshold of trying to determine the growth of Utah. But we are on a threshold of opportunity in making the decisions that finally we can make. In 1988 we were losing 14,000 people a year out of the state of Utah. They had no jobs. Last year we had almost 36,000 new jobs created in the state of Utah. Huge influx. Higher growth than anyone have ever anticipated. And yet that brought to us even new challenges. Challenges of the roads and how we will fund them. Those should not be looked at as challenges but opportunities. Because we cannot turn back the clock, we must face reality. What are the other aspects of this that are exciting this year? The opportunity that we will have to look at strengthening areas in the state that need to be strengthened. Each and every one of us could make our own list as to the issues that we think are important. I found it somewhat amusing over the weekend to read the paper. I would like to take just a moment to talk about a subject that at times it is hard for people to talk about because of a great statement that was made many years ago. "Never pick a fight with someone that buys ink by the carload." I would like to just talk about one of my favorite topics - the media. It might surprise you to know, but I would like to compliment the media. I firmly believe that in the last two years particularly, we have had the very best reporting that I can remember as far as I have been a legislator. Now if you're asking me does that mean if I agree with everything I've read, the answer is absolutely not. But I think that it's important to compliment those reporters and newsmen that have tried to actually cover what is news. But I still was concerned as I read the opening page of the legislature about what the issues of the future were going to be. What a bunch of bunk! I read on the opening page issues that I can tell you right now if we had a vote in the legislature wouldn't even register as being major issues. And why? Because agendas are being driven by the news media not by legislators. And not by the citizens of this state. That is deplorable. It is not the responsibility of the news media under any circumstance to create and make news. And yet we have a few that feel it's not only their responsibility to create but their obligation to direct the affairs of this legislature. If we fall into such foolishness then we truly do, and when I say we - we the people, lose the ability of representative government. I don't believe there has ever been a time in the history of the state of Utah that accuracy is more important. I do not believe there has ever been a time when it is more important for legislators to stand tall and proud and voice their concerns. There shouldn't be a time when it is more important for us to stand and end the rhetoric. If there are issues out there that are not going to come forth, then let's have the courage to stand up early and do away with them. Let's not take 6 # weeks to debate every issue and solve all those problems in the end. What have we done as a legislature in the last few years in regards to changing our process? Let me just read to you a few statistics that I hope you're proud about. On December 31, 1996 on the close of the business day at 5 p.m., 134 bills were prepared. Never before in the history of the state have we had an opportunity to have more public scrutiny on prepared bills than we have had this last year. On January 17th at the close of business, we had over 265 bills, all of them on the internet. Never in the history of any state have citizens had an opportunity to actually read legislation. I think often you have probably heard me say, "I happen to believe it somewhat important that legislators actually have an opportunity to read a few bills before we vote on them." This has been a great opportunity. A great opportunity of staff that have worked many hours overtime to prepare for you and I an opening day that will bring to us more prepared legislation including fiscal notes than has ever been given before. I hope that all of you are prepared for the input that we hope they receive. We have had, including those that have been sent out to you, 360 bills. That represents 43%, almost 50%, of the bills that have been filed thus far in this session, are all ready prepared. I hope that each of you take an opportunity to go behind the scenes to thank staff for an incredible job. We had an opportunity, Senator Mantes and I, several years ago to chair a meeting that I would just like to talk about for a minute. It was called the Process Committee. The Process Committee in our first year came up with some outstanding and wonderful concepts and ideas of change. And I remember Senator Mantes and I somewhat thrilled as new legislators with the opportunity to come forward and explain them to this body. Senator Mantes, being the gracious statesman that he was, patted me on the back and said, "Why don't you make the presentation." So I took that opportunity. Little did I realize the great wisdom and knowledge of Senator Mantes. I left that meeting that day feeling somewhat fortunate not to be both tarred and feathered. The presentations we made were unanimously rejected, every one. I want you to know that over a period of time almost all of those suggestions of Senator Mantes have now been implemented in the state of Utah. Some of them were not. In closing, let me tell you why some of them were not. You know that I have always spoken my true feelings. One of the most implorable votes that I have ever made that I regret to this day is the vote I made against the citizens of this state. I deprived for them an opportunity, that is in my estimation, a constitutional right and privilege. I voted on an issue that is very sensitive. I voted in favor of term limits. I regret that to this day. I can't think of anything that I have as a legislator that has taken away the rights of citizens more than their opportunity to vote for who they would like to represent them. Why do I bring that up at this time? Because this year we will miss several people that have been true statesmen of this sacred process. People like Rex Black, Haven Barlow and Chuck Peterson and Omar Bunnell. People who I gained such a huge esteem and respect for because of their intellect and their abilities. And most importantly their experience. You tell me where we're going to get that. Where in a few years from now when all of us are replaced, will they ever get that. A great concern. Some given time in the future, I vow, that I will again put before this body an opportunity to in some way to correct what I believe is a great disservice to the citizens of this state. And no, it won't be at ten minutes to 12 midnight on the last day. I think there are lessons that we all learn. I hope that character is built by experiences. If I can, I would like to close with a quote by C.S. Lewis. "Character is built out of circumstance, from exactly the same material one man builds palaces, while another builds halls." I hope and pray, as the presiding officer of this body, that out of the confusion and struggles and challenges that we face, that we may at the end of this session, end up with palaces and not halls. Thank you very much. * * * On motion of Senator C. Peterson, President Beattie directed that the following be recorded in the Senate Journal as leaders for the 52nd Legislature 1997 General Session. President - R. Lane Beattie Majority Leader - Craig A. Peterson Majority Whip - Leonard M. Blackham Assistant Majority Whip - Lyle W. Hillyard Minority Leader - Scott N. Howell Minority Whip - E. George Mantes Assistant Minority Whip - Joseph L. Hull On motion of Senator Holmgren, the Senate voted to approve the Senate leadership. On motion of Senator C. Peterson, the Senate expressed appreciation to the Honorable Associate Chief Justice Richard C. Howe for taking time from his busy schedule to participate in the opening of the Utah State Senate. * * * President Beattie appointed a Senate Rules Committee comprised of Senator Holmgren, Chairman, and Senators Blackham, Mansell, Buhler, Rees, Wharton, and Steiner to formulate the Senate Rules and work with the House of Representatives in formulating Joint Rules. President Beattie appointed Senators Suazo, Jones, and Muhlestein as a committee to read and revise the Daily Senate Journal. President Beattie appointed Senator Montgomery as chair of the Senate Employees Committee. On motion of Senator Holmgren, the Senate Rules and Joint Rules of the 1996General Session of the Fifty-First Legislature were adopted with the understanding that changes to these Rules for the Fifty-Second Legislature will be considered and adopted as soon as possible. President Beattie appointed Senators Tanner, Nielson, and M. Peterson as a committee to notify the House of Representatives that the Senate is organized and ready to do business. Representatives Wright, Larson, Saunders and Bourdeaux reported that the House of Representatives was organized and ready to do business. President Beattie appointed a committee comprised of Senators Waddoups, Mansell, and Steiner to notify Governor Leavitt that the 1997 General Session of the Fifty-Second Legislature is organized and ready to do business, and to ascertain the time the Governor will deliver his message. Senator Tanner, Chair of the Committee to Notify the House, reported that the House had been notified that the Senate is organized and ready to do business. Senator Waddoups, Chair of the Committee to Notify the Governor, reported that His Excellency Governor Michael O. Leavitt had been notified and that he will be ready to deliver his message at a Joint Convention in the Chamber of the House of Representatives at 6:30 p.m. this evening. READING OF TITLES OF BILLS AND RESOLUTIONS On motion of Senator 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. The motion to suspend the reading of the titles of all bills and resolutions passed by the required constitutional two-thirds majority. * * * At the direction of President Beattie, the following information is to be recorded in the Senate Journal. STANDING COMMITTEES Business, Labor and Economic Development - Steven Poulton, Chair. David Buhler, Al Mansell, Howard Nielson, Eddie Mayne, and Blaze Wharton, committee members. Education - Lorin Jones, Chair. Leonard Blackham, Craig Peterson, David Steele, Howard Stephenson, Scott N. Howell, and Joseph L. Hull, committee members. Energy, Natural Resources and Agriculture - Alarik Myrin, Chair. John Holmgren, Lorin Jones, Mont Evans, Joseph L. Hull, and Pete Suazo, committee members. Health and Environment - Robert Muhlestein, Chair. John Holmgren, LeRay McAllister, Robert Montgomery, Millie Peterson, and Robert C. Steiner, committee members. Human Services - Nathan Tanner, Chair. Craig Taylor, Alarik Myrin, and Pete Suazo, committee members. Judiciary - Craig Taylor, Chair. Lane Beattie, Lyle Hillyard, David Buhler, Mike Dmitrich, and Robert Steiner, committee members. Revenue and Taxation - Howard Nielson, Chair. Howard Stephenson, Michael Waddoups, Robert Montgomery, Steven Poulton, Lyle Hillyard, Leonard Blackham, Mike Dmitrich, and George Mantes, committee members. State and Local Affairs - Mont Evans, Chair. Craig A. Peterson, LeRay McAllister, Robert Muhlestein, Millie Peterson, and Blaze Wharton, committee members. Transportation and Public Safety - Al Mansell, Chair. David Steele, Nathan Tanner, Michael Waddoups, George Mantes, and Eddie Mayne, committee members. EXECUTIVE APPROPRIATIONS AND SUBCOMMITTEE ASSIGNMENTS Executive Appropriations Committee - Sen. LeRay McAllister, Chair. David Buhler, Vice Chair. Lane Beattie, Craig Peterson, Leonard Blackham, Lyle Hillyard, Scott Howell, George Mantes, Joseph Hull, and Robert Steiner, committee members. Commerce and Revenue - Al Mansell, Chair. Lorin Jones, and Eddie Mayne, committee members. Economic Development and Human Resources - Steve Poulton, Chair. Blaze Wharton, committee member. Executive Offices, Criminal Justice and Legislature - Michael Waddoups, Chair. Robert Muhlestein, and Robert Steiner, committee members. Capital Facilities and Administrative Services - David Buhler, Chair. Leonard Blackham, and Mike Dmitrich, committee members. Higher Education - David Steele, Chair. Lyle Hillyard, Nathan Tanner, and George Mantes, committee members. Public Education - Robert Montgomery, Chair. Craig Taylor, LeRay McAllister, and Millie Peterson, committee members. Health and Human Services - Howard Stephenson, Chair. Howard Nielson and Scott Howell, committee members. Transportation and Environmental Quality - John Holmgren, Chair. Lane Beattie, Mont Evans, and Pete Suazo, committee members. Natural Resources - Alarik Myrin, Chair. Craig Peterson and Joseph L. Hull, committee members. EMPLOYEE COMMITTEE REPORT On motion of Senator Montgomery, the Senate voted to adopt the following committee report and employ the persons recommended by Senator Montgomery as Senate staff for the 1997 General Session of the Fifty-Second Legislature. Mr. President January 15, 1997 As Chair of the Committee on Employees, I report that I have carefully considered the applications of the following persons, and recommend that they be employed as Senate Staff for the 1997 General Session of the 52nd Legislature. Annette B. Moore Secretary of the Senate Sandy D. Tenney Manager of Senate Services Leslie O. McLean Leadership Secretary & Third House Secretary Kathleen Furness Legislative Aide & Third House Aide Debbie Headman Minority Party Secretary Lynette Erickson Docket Clerk & Voting Machine Operator Greg Johnson System Analyst and Computer Specialist Joyce R. Allison Bill Status Clerk Sharon S. Johnson Secretarial Supervisor Janice A. Gadd Journal Clerk Linda G. Hansen Rules Secretary Rolayne Day Asst. Secretarial Supervisor & Committee Secretary Susie Carter Committee Secretary Margaret Pahnke Committee Secretary Bonnie Brinton Committee Secretary Marie Anderson Committee Secretary Christine Fairclough Committee Secretary Jeanne Wride Committee Secretary Ralph D. Benson Sergeant At Arms Alfred Rex Hill Asst. Sergeant At Arms Thomas R. Shepherd Security Dale S. Hansen Security Robert L. Gardner Security Corky Wollen Security Thad S. Jensen Security Leo T. Parry Security Neil Black Security Glenn Hildebrand Custodian Gayle C. Petersen Page Supervisor Sue S. Hyer Asst. Page Supervisor Linda Cornaby Page Elaine Turley Page Diane Jensen Page Nedra Thomas Page Shirley C. Taylor Page Eleanor O. Whisenant Page Georgia F. Herron Page Dianne Richards Page Eileen H. Miller Page/Recorder Charlene Russon Legislative & Docket Clerk Aide Evoline Gardner Hostess and 3rd House Aide Debra Thompson Legislative Aide to Secretary of the Senate Charliene T. Reed Public Information Officer Deon C. Saunders Public Information Officer Darlene D. Nilson Public Information Officer Pamela H. Benson Legislative Tour Guide Robert F. Montgomery, Chair Senate Employee Committee Senator Montgomery introduced the Senate Staff. The employees were administered the oath of office by President Beattie. INTRODUCTION OF BILLS CONSTRUCTION CONTRACTORS S.B. 3 L. Steven Poulton AN ACT RELATING TO COMMERCE AND TRADE; MAKING VOID CERTAIN PROVISIONS OF AGREEMENTS REQUIRING DISPUTES ARISING UNDER AN AGREEMENT TO BE RESOLVED IN A FORUM OUTSIDE UTAH, was read for the first time and referred to the President of the Senate. CAPITAL HOMICIDE AMENDMENTS S.B. 4 David L. Buhler AN ACT RELATING TO THE CRIMINAL CODE; AMENDING THE AGGRAVATED MURDER STATUTE TO INCLUDE SITUATIONS WHERE AN ATTEMPT WAS MADE TO KILL ANOTHER PERSON OTHER THAN THE VICTIM; CLARIFYING THE PROVISIONS WHEN A BOMB OR EXPLOSIVE DEVICE IS USED; AND MAKING TECHNICAL CORRECTIONS, was read for the first time and referred to the President of the Senate. CREATING A PUBLIC SCHOOL DISTRICT S.B. 5 Millie M. Peterson AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING A MECHANISM FOR THE CREATION OF A NEW SCHOOL DISTRICT; PROVIDING FOR THE TRANSFER OF PROPERTY TO AND THE ASSUMPTION OF INDEBTEDNESS BY THE NEW SCHOOL DISTRICT; AND PROVIDING FOR THE ELECTION OF BOARD MEMBERS, was read for the first time and referred to the President of the Senate. MUNICIPAL AND COUNTY LAND USE DEVELOPMENT AND MANAGEMENT S.B. 6 LeRay McAllister AN ACT RELATING TO CITIES AND TOWNS AND COUNTIES; REQUIRING MUNICIPALITIES AND COUNTIES TO ESTABLISH A PLANNING COMMISSION; MODIFYING PROVISIONS RELATING TO THE NUMBER AND TERM OF MEMBERS AND ALTERNATE MEMBERS OF A PLANNING COMMISSION IN MUNICIPALITIES AND COUNTIES; MODIFYING THE PROCEDURE FOR THE PREPARATION AND ADOPTION OF A ZONING ORDINANCE IN MUNICIPALITIES AND COUNTIES; MODIFYING PROVISIONS RELATING TO THE ADOPTION OF TEMPORARY ZONING REGULATIONS IN MUNICIPALITIES AND COUNTIES; MODIFYING THE TERM OF BOARD OF ADJUSTMENT MEMBERS IN MUNICIPALITIES AND COUNTIES; MODIFYING THE POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT IN MUNICIPALITIES AND COUNTIES; MODIFYING THE PROCEDURE APPLICABLE TO APPEALS FROM ZONING DECISIONS IN MUNICIPALITIES AND COUNTIES; MAKING CONFORMING CORRECTIONS; AND MAKING TECHNICAL CORRECTIONS, was read for the first time and referred to the President of the Senate. PHARMACY ACT - OPEN DRUG FORMULARY S.B. 7 John P. Holmgren AN ACT RELATING TO HEALTH; PROVIDING THAT A HEALTH CARE PRACTITIONER MAY NOT BE LIMITED IN PRESCRIBING MEDICATION BY A RESTRICTIVE DRUG FORMULARY, was read for the first time and referred to the President of the Senate. APPROPRIATION FOR SOUND BARRIERS S.B. 8 David L. Buhler AN ACT RELATING TO APPROPRIATIONS; APPROPRIATING FROM THE TRANSPORTATION FUND FOR FISCAL YEAR 1997-98, $5,000,000 TO THE DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF CERTAIN NOISE WALLS; MAKING THE APPROPRIATION NONLAPSING; AND PROVIDING AN EFFECTIVE DATE, was read for the first time and referred to the President of the Senate. PAROLEES AND PROBATIONERS EDUCATION REQUIREMENTS S.B. 9 L. Steven Poulton AN ACT RELATING TO CRIMINAL CODE AND UTAH CODE OF CRIMINAL PROCEDURE; REQUIRING THAT CERTAIN PAROLEES AND PROBATIONERS OBTAIN A HIGH SCHOOL GRADUATION DIPLOMA, GED CERTIFICATE, OR VOCATIONAL CERTIFICATE PRIOR TO TERMINATION OF THEIR PAROLE OR PROBATION; PROVIDING AN EXCEPTION; AND MAKING TECHNICAL CORRECTIONS, was read for the first time and referred to the President of the Senate. INCOME TAX CHECKOFF S.B. 10 Lyle W. Hillyard AN ACT RELATING TO THE INDIVIDUAL INCOME TAX ACT; REMOVING THE DESIGNATION FOR AND PROHIBITING THE COMMISSION FROM COLLECTING CERTAIN CONTRIBUTIONS UNDER CERTAIN CIRCUMSTANCES; REQUIRING THE COMMISSION TO REPORT TO THE REVENUE AND TAXATION INTERIM COMMITTEE ON WHETHER CERTAIN STATUTORY PROVISIONS SHOULD BE REPEALED IF THE COMMISSION REMOVES THE DESIGNATION FOR A CONTRIBUTION; MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE, was read for the first time and referred to the President of the Senate. WORKERS' COMPENSATION - EXEMPTION FOR AGRICULTURAL WORKERS S.B. 11 Robert C. Steiner AN ACT RELATING TO LABOR; MODIFYING EXEMPTION FOR AGRICULTURAL WORKERS; MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE, was read for the first time and referred to the President of the Senate. UNDERGROUND COAL MINING - WATER REPLACEMENT REQUIREMENTS S.B. 12 Mike Dmitrich AN ACT RELATING TO MINING; PROVIDING FOR THE REPLACEMENT OF APPROPRIATED WATER SUPPLIES AFFECTED BY UNDERGROUND COAL MINING OPERATIONS; AND MAKING TECHNICAL AMENDMENTS, was read for the first time and referred to the President of the Senate. TELECOMMUNICATION AMENDMENTS S.B. 13 David H. Steele AN ACT RELATING TO PUBLIC UTILITIES; MODIFYING EFFECTIVE DATES RELATING TO TELECOMMUNICATIONS DEREGULATION; AND MAKING TECHNICAL CORRECTIONS, was read for the first time and referred to the President of the Senate. OUTDOOR ADVERTISING AMENDMENTS S.B. 14 L. Alma Mansell AN ACT RELATING TO HIGHWAYS; AMENDING THE REGULATION OF OUTDOOR ADVERTISING; LIMITING THE AUTHORITY OF LOCAL GOVERNMENTS RELATING TO EXISTING OUTDOOR ADVERTISING USES; AMENDING DEFINITIONS; REQUIRING THE DEPARTMENT OF TRANSPORTATION TO MAKE RULES TO ESTABLISH A FOLIAGE CONTROL PROGRAM RELATED TO OUTDOOR ADVERTISING; PROVIDING FOR THE RELOCATION OF CERTAIN OUTDOOR ADVERTISING; AND MAKING TECHNICAL CORRECTIONS, was read for the first time and referred to the President of the Senate. PUBLIC EDUCATION COMPUTER TECHNOLOGY TASK FORCE S.B. 15 Robert F. Montgomery AN ACT RELATING TO PUBLIC EDUCATION; CREATING THE PUBLIC EDUCATION COMPUTER TECHNOLOGY TASK FORCE; PROVIDING FOR MEMBERSHIP; DELINEATING RESPONSIBILITIES AND PROCEDURES; PROVIDING A REPORTING DATE; APPROPRIATING $22,000 FROM THE GENERAL FUND; AND PROVIDING A REPEAL DATE, was read for the first time and referred to the President of the Senate. APPROPRIATION FOR TUACAHN FOUNDATION S.B. 16 Lorin V. Jones AN ACT RELATING TO APPROPRIATIONS; APPROPRIATING $50,000 FROM THE GENERAL FUND FOR FISCAL YEAR 1997-98 TO THE TUACAHN FOUNDATION; AND PROVIDING AN EFFECTIVE DATE, was read for the first time and referred to the President of the Senate. COVERING CERTAIN LOAD MATERIALS S.B. 17 Joseph L. Hull AN ACT RELATING TO HIGHWAYS; AMENDING EXEMPTIONS TO REQUIREMENTS FOR CONFINING CERTAIN LOADS ON VEHICLES, was read for the first time and referred to the President of the Senate. HEALTH CARE PROVIDER PRACTICE AND CONDUCT AMENDMENTS S.B. 18 Robert F. Montgomery AN ACT RELATING TO HEALTH; CLARIFYING ACTIONS THAT ARE UNLAWFUL INVOLVEMENT IN A PHYSICIAN'S OR HEALTH CARE PROVIDER'S INDEPENDENT JUDGMENT, AND ACTIONS THAT ARE NOT UNLAWFUL INVOLVEMENT; AND PROVIDING PARALLEL LANGUAGE IN THE INSURANCE CODE, was read for the first time and referred to the President of the Senate. PRIORITIZATION OF CHILD SUPPORT COLLECTIONS S.B. 19 Robert M. Muhlestein AN ACT RELATING TO HUMAN SERVICES; ESTABLISHING AN ORDER OF PRIORITY FOR THE COLLECTION OF CHILD SUPPORT BY THE OFFICE OF RECOVERY SERVICES, was read for the first time and referred to the President of the Senate. OPTOMETRY PRACTICE ACT S.B. 20 L. Alma Mansell AN ACT RELATING TO HEALTH; AMENDING THE OPTOMETRY PRACTICE ACT; AMENDING DEFINITIONS; PROVIDING DEFINITIONS AND PRACTICE REGARDING CONTACT LENSES; AMENDING THE SCOPE OF PRACTICE OF OPTOMETRISTS; AND AMENDING THE BOARD MEMBERSHIP, was read for the first time and referred to the President of the Senate. EMISSIONS INSPECTION ON NEWER VEHICLES S.B. 21 Robert M. Muhlestein AN ACT RELATING TO ENVIRONMENT AND TRANSPORTATION; REDUCING THE REQUIRED FREQUENCY OF EMISSIONS INSPECTIONS FOR SPECIFIED VEHICLES; AND PROVIDING AN EFFECTIVE DATE, was read for the first time and referred to the President of the Senate. BUDGET REVIEW TASK FORCE S.B. 22 Millie M. Peterson AN ACT RELATING TO LEGISLATURE; CREATING A TASK FORCE TO REVIEW SELECTED STATE GOVERNMENT ENTITIES' BUDGETS AND MAKE RECOMMENDATIONS; SPECIFYING TASK FORCE MEMBERSHIP AND DUTIES; PROVIDING A $79,000 APPROPRIATION; AND PROVIDING AN EFFECTIVE DATE, was read for the first time and referred to the President of the Senate. DRIVER LICENSE AMENDMENTS S.B. 23 David H. Steele AN ACT RELATING TO MOTOR VEHICLES; REPEALING CERTAIN PROVISIONS REQUIRING PROOF OF INSURANCE AFTER A CONVICTION FOR CERTAIN OFFENSES; ALLOWING CERTAIN INFORMATION TO BE CONSIDERED EVIDENCE OF INSURANCE AFTER AN ACCIDENT; AMENDING THE LIMIT UNDER WHICH POST ACCIDENT SECURITY IS REQUIRED; REPEALING THE REQUIREMENT THAT A COURT CONFISCATE A DRIVER LICENCE FOR CERTAIN OFFENSES; SPECIFYING CERTAIN CRIMINAL PENALTIES; ESTABLISHING A MAXIMUM PERIOD FOR WHICH THE DRIVER LICENSE DIVISION SHALL EXTEND DRIVER LICENSE SANCTIONS AND SHALL IMPOSE OTHER COURT ORDERED SANCTIONS; AMENDING SPEED SEVERITY PROVISIONS; REPEALING CERTAIN PERJURY PROVISIONS; AND MAKING TECHNICAL CHANGES, was read for the first time and referred to the President of the Senate. UTAH FOREST PRACTICES ACT S.B. 24 Alarik Myrin AN ACT RELATING TO FORESTRY; REQUIRING NOTIFICATION BY LANDOWNERS AND OPERATORS OF INTENT TO CONDUCT FOREST PRACTICES; REQUIRING REGISTRATION OF OPERATORS; AND DIRECTING THE DIVISION OF FORESTRY, FIRE AND STATE LANDS TO ESTABLISH BEST MANAGEMENT PRACTICES AND EDUCATIONAL PROGRAMS FOR THE CONDUCT OF FOREST PRACTICES, was read for the first time and referred to the President of the Senate. SENTENCING GUIDELINES S.B. 25 Lyle W. Hillyard AN ACT RELATING TO THE JUDICIAL CODE; PROVIDING FOR APPLICATION OF JUVENILE SENTENCING GUIDELINES WHEN PREPARING A DISPOSITIONAL REPORT AND RECOMMENDATION IN A DELINQUENCY ACTION, was read for the first time and referred to the President of the Senate. SALES TAX OPTION FOR COUNTIES S.B. 26 L. Alma Mansell AN ACT RELATING TO REVENUE AND TAXATION; AUTHORIZING A COUNTY OPTION SALES AND USE TAX; REQUIRING THE COUNTY TO HOLD PUBLIC HEARINGS AND PUBLISH ADVERTISEMENTS BEFORE LEVYING THE TAX; PROVIDING FOR A MODIFIED REFERENDUM PROCEDURE; PROVIDING PROCEDURES FOR DISTRIBUTING REVENUES GENERATED BY THE TAX; PROVIDING PROCEDURES FOR ADMINISTERING THE TAX; PROVIDING A STATEWIDE PURPOSE; MODIFYING THE PROPERTY TAX CERTIFIED RATE PROVISIONS; MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE, was read for the first time and referred to the President of the Senate. DANGEROUS WEAPONS - RESTRICTIONS S.B. 27 Robert C. Steiner AN ACT RELATING TO PUBLIC SAFETY AND THE CRIMINAL CODE; LISTING CROSS REFERENCES FOR CERTAIN RESTRICTED AREAS WHERE CONCEALED PERMIT HOLDERS MAY NOT CARRY FIREARMS; SPECIFYING THAT IT IS NOT A DISCRIMINATORY PRACTICE FOR AN EMPLOYER TO PROHIBIT EMPLOYEES FROM POSSESSING DANGEROUS WEAPONS DURING WORKING HOURS; CONSOLIDATING SECTIONS REGARDING THE PROHIBITION OF DANGEROUS WEAPONS ON SCHOOL PREMISES; PROVIDING THAT PRIVATE PROPERTY OWNERS AND PERSONS AUTHORIZED TO CONTROL PUBLIC PROPERTY MAY PROHIBIT DANGEROUS WEAPONS FROM THE PROPERTY IN CERTAIN CIRCUMSTANCES; PRESCRIBING THAT DANGEROUS WEAPONS MAY NOT BE POSSESSED ON CHURCH OR HOSPITAL PREMISES UNLESS AUTHORIZED; SPECIFYING PRIMA FACIE DETERMINATION THAT VIOLATOR HAS FAILED TO MAINTAIN GOOD CHARACTER FOR A CONCEALED FIREARM PERMIT; PROVIDING CRIMINAL PENALTIES; AND MAKING TECHNICAL CORRECTIONS, was read for the first time and referred to the President of the Senate. DISTRICT COURT JUDGE INCREASE S.B. 28 Lyle W. Hillyard AN ACT RELATING TO THE JUDICIAL CODE; INCREASING THE NUMBER OF THIRD DISTRICT COURT JUDGES FROM 28 TO 30; AND PROVIDING AN EFFECTIVE DATE, was read for the first time and referred to the President of the Senate. SALES TAX EXEMPTION FOR SCRAP RECYCLERS S.B. 29 David L. Buhler AN ACT RELATING TO THE SALES AND USE TAX ACT; PROVIDING DEFINITIONS RELATING TO THE SALES AND USE TAX EXEMPTION FOR MANUFACTURING; INCLUDING A SCRAP RECYCLER IN THE DEFINITION OF A MANUFACTURING FACILITY; MAKING TECHNICAL CHANGES; AND PROVIDING AN EFFECTIVE DATE, was read for the first time and referred to the President of the Senate. ACCOUNTABILITY AND OVERSIGHT OF UTAH TRANSIT AUTHORITY S.B. 30 Millie M. Peterson AN ACT RELATING TO SPECIAL DISTRICTS; REQUIRING THE ELECTION OF CERTAIN PUBLIC TRANSIT DISTRICT BOARD OF DIRECTORS; PROVIDING FOR NOMINATING PROCEDURES; PROVIDING FOR TRANSITION AND ELECTION PROCEDURES; PROVIDING FOR THE ESTABLISHMENT OF TRANSIT DISTRICT REGIONS; AND PROVIDING AN EFFECTIVE DATE, was read for the first time and referred to the President of the Senate. CELLULAR PHONE FRAUD S.B. 31 Scott N. Howell AN ACT RELATING TO CRIMINAL CODE; ADDING DEFINITIONS; ADDING AND MODIFYING ELEMENTS OF CRIME AND PENALTIES; AND MAKING TECHNICAL CORRECTIONS, was read for the first time and referred to the President of the Senate. VOTER REGISTRATION INFORMATION IN HIGH SCHOOLS S.B. 32 R. Mont Evans AN ACT RELATING TO VOTER REGISTRATION; PROVIDING VOTER REGISTRATION FORMS TO HIGH SCHOOL SENIORS; AND THE RETENTION OF VOTER REGISTRATION FORMS BY THE COUNTY CLERK, was read for the first time and referred to the President of the Senate. CHILD VISITATION GUIDELINES S.B. 33 R. Mont Evans AN ACT RELATING TO HUSBAND AND WIFE; ESTABLISHING PRESUMPTIVE CHILD VISITATION GUIDELINES FOR CHILDREN UNDER FIVE YEARS OF AGE; CLARIFYING THE CRITERIA UNDER WHICH A DEVIATION FROM THE VISITATION GUIDELINES MAY BE ORDERED; AND MAKING TECHNICAL AND CONFORMING AMENDMENTS, was read for the first time and referred to the President of the Senate. AGRICULTURAL AMENDMENTS S.B. 34 Leonard M. Blackham AN ACT RELATING TO AGRICULTURE; PROVIDING THAT FUNDS COLLECTED FOR GRAIN GRADING BE NONLAPSING; PROVIDING THAT THE STATE CHEMIST IS A MERIT EXEMPT EMPLOYEE; CREATING A FEE ON FERTILIZER AND SOIL AMENDMENT PRODUCTS AND DEDICATING THE FEE REVENUE FOR CERTAIN PURPOSES; AND REGULATING SEEDS FOR SPROUTING, was read for the first time and referred to the President of the Senate. CONTRACTOR'S DUTIES TO SUBCONTRACTORS S.B. 73 L. Alma Mansell AN ACT RELATING TO COMMERCE; ADDRESSING PAYMENT OBLIGATIONS UNDER CONSTRUCTION CONTRACTS REGULATING CONTRACTS BETWEEN CONTRACTORS AND SUBCONTRACTORS; AND PROVIDING SCOPE OF SECTION, was read for the first time and referred to the President of the Senate. INDIGENT DEFENSE PROVISIONS S.B. 74 Leonard M. Blackham AN ACT RELATING TO UTAH CODE OF CRIMINAL PROCEDURE; ESTABLISHING THE INDIGENT DEFENSE FUND BOARD; DEFINING DUTIES OF THE BOARD; AUTHORIZING THE BOARD TO CONTRACT FOR QUALIFIED LEGAL DEFENSE COUNSEL FOR INDIGENTS; CREATING THE INDIGENT CAPITAL DEFENSE TRUST FUND AND THE INDIGENT FELONY DEFENSE TRUST FUND; PROVIDING DEFINITIONS; PROVIDING FOR PARTICIPATION BY COUNTIES IN THE FUNDS; TRANSFERRING RESPONSIBILITIES OF THE CRIMINAL DEFENSE COSTS TRUST FUND FROM THE UTAH PROSECUTION COUNCIL TO THE BOARD AND RENAMING FUND TO THE INDIGENT INMATE TRUST FUND; PROVIDING THAT THE ADMINISTRATIVE OFFICE OF THE COURTS REQUEST A SUPPLEMENTAL APPROPRIATION TO PAY FOR ANY DEFICIT IN THE INDIGENT INMATE TRUST FUND AND THE INDIGENT CAPITAL DEFENSE FUND IN THE FOLLOWING GENERAL SESSION; APPROPRIATING $100,000 TO THE INDIGENT FELONY DEFENSE TRUST FUND FROM THE GENERAL FUND FOR THE FISCAL YEAR 1997-98 TO INITIATE THE FUND; PROVIDING FOR CONTRIBUTIONS FROM PARTICIPATING COUNTIES TO THE FUNDS; PROVIDING FOR THE BENEFITS, ADMINISTRATION, AND DISBURSEMENT OF THE FUNDS; MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE, was read for the first time and referred to the President of the Senate. SAFE DRINKING WATER ACT AMENDMENTS S.B. 75 John P. Holmgren AN ACT RELATING TO HEALTH AND ENVIRONMENT; AMENDING DRINKING WATER PROGRAM PROVISIONS TO COMPLY WITH FEDERAL SAFE DRINKING WATER ACT REQUIREMENTS FOR FINANCIAL ASSISTANCE, INCLUDING PROVIDING AGENCY RULEMAKING AUTHORITY FOR CAPACITY DEVELOPMENT AND CREATION OF A DRINKING WATER PROJECT REVOLVING LOAN FUND, was read for the first time and referred to the President of the Senate. EXTRACURRICULAR ACTIVITIES S.B. 76 Howard A. Stephenson AN ACT RELATING TO PUBLIC EDUCATION; REQUIRING THE STATE BOARD OF EDUCATION TO ESTABLISH RULES AND STANDARDS FOR THE PUBLIC SCHOOLS REGARDING THE SCHEDULING OF AND PARTICIPATION IN INTERDISTRICT EXTRACURRICULAR ACTIVITIES; AND PROVIDING AN EFFECTIVE DATE, was read for the first time and referred to the President of the Senate. SCHOOL AND INSTITUTIONAL TRUST LANDS AMENDMENTS S.B. 77 David H. Steele AN ACT RELATING TO SCHOOL AND INSTITUTIONAL TRUST LANDS; PROVIDING TECHNICAL CHANGES TO PROCEDURES FOR AGENCY ADJUDICATIONS; PROVIDING FOR REGISTRATION OF PREEXISTING FEDERAL MINING CLAIMS ENCUMBERING TRUST LANDS; ALLOWING THE DIRECTOR OF SCHOOL AND INSTITUTIONAL TRUST LANDS TO REWARD COUNTY GOVERNMENTS FOR ASSISTANCE IN APPREHENDING AND PROSECUTING TRESPASSERS ON TRUST LANDS; AND CONVERTING THE LAND GRANT MANAGEMENT FUND INTO AN ENTERPRISE FUND, was read for the first time and referred to the President of the Senate. ELECTION LAW - POLITICAL PARTIES S.B. 78 Pete Suazo AN ACT RELATING TO ELECTIONS; MODIFYING DATES FOR BECOMING A REGISTERED POLITICAL PARTY; MODIFYING REQUIREMENTS FOR REGISTERING POLITICAL PARTY NAMES; ESTABLISHING REQUIREMENTS GOVERNING POLITICAL PARTY EMBLEMS; CLARIFYING REQUIREMENTS GOVERNING POLITICAL PARTY OFFICERS AND LIAISONS; MODIFYING DATES FOR POLITICAL PARTIES TO CERTIFY CANDIDATES; CLARIFYING CERTIFICATION REQUIREMENTS; AND MAKING TECHNICAL CORRECTIONS, was read for the first time and referred to the President of the Senate. ELECTION LAW - ELECTION PROCESS S.B. 79 R. Mont Evans AN ACT RELATING TO ELECTIONS; MODIFYING THE VOTER REGISTRATION FORM; MODIFYING REQUIREMENTS RELATING TO ELECTION JUDGES; MODIFYING VOTER REGISTRATION PROCEDURES AND REQUIREMENTS; MODIFYING REQUIREMENTS FOR PURGING NAMES FROM VOTER REGISTRATION LISTS; MODIFYING CERTAIN ELECTION ADMINISTRATION REQUIREMENTS; CLARIFYING REQUIREMENTS FOR CERTIFYING NAMES AND ISSUES FOR THE BALLOT; CLARIFYING BALLOT CHALLENGE PROCEDURES; MODIFYING REQUIREMENTS FOR POSTING CONSTITUTIONAL AMENDMENTS AT POLLING PLACES; MODIFYING REQUIREMENTS GOVERNING TRANSFER OF VOTER REGISTRATION INFORMATION FROM THE DRIVER LICENSE DIVISION; AND MAKING TECHNICAL CORRECTIONS, was read for the first time and referred to the President of the Senate. CHILD SUPPORT ADVISORY COMMITTEE MEMBERSHIP S.B. 80 Craig L. Taylor AN ACT RELATING TO JUDICIAL CODE; ALTERING MEMBERSHIP OF THE CHILD SUPPORT ADVISORY COMMITTEE, was read for the first time and referred to the President of the Senate. ELECTION LAW - CAMPAIGN FINANCE REPORTING REQUIREMENTS S.B. 81 David L. Buhler AN ACT RELATING TO ELECTION LAW; MODIFYING DEFINITIONS; MODIFYING CAMPAIGN CONTRIBUTION AND REPORTING REQUIREMENTS; CLARIFYING REQUIREMENTS CONNECTED WITH CAMPAIGN ACCOUNTS AND REPORTING REQUIREMENTS; MODIFYING PENALTIES AND PROCEDURES RELATING TO FAILURE TO TIMELY FILE CAMPAIGN FINANCIAL REPORTS; ESTABLISHING CERTAIN PENALTIES; AND MAKING TECHNICAL CORRECTIONS, was read for the first time and referred to the President of the Senate. ELECTION LAW - CANDIDATE ISSUES S.B. 82 L. Steven Poulton AN ACT RELATING TO ELECTIONS; REQUIRING A DECLARATION OF CANDIDACY FOR CANDIDATES FOR THE STATE BOARD OF EDUCATION; MODIFYING THE PROCESS FOR SELECTING STATE BOARD OF EDUCATION MEMBERS; CLARIFYING ISSUES RELATING TO CERTIFYING THE NAMES OF CANDIDATES FOR PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES FOR PLACEMENT ON THE BALLOT; AND MAKING TECHNICAL CORRECTIONS, was read for the first time and referred to the President of the Senate. JUDGES NONCONTRIBUTORY RETIREMENT SYSTEM S.B. 83 Craig A. Peterson AN ACT RELATING TO PENSIONS; CREATING A NONCONTRIBUTORY RETIREMENT SYSTEM FOR JUDGES; PROVIDING DEFINITIONS; PROVIDING ELIGIBILITY AND CONVERSION REQUIREMENTS; ESTABLISHING THAT CONTRIBUTIONS TO THE SYSTEM ARE TO BE MADE ENTIRELY BY THE EMPLOYER; PROVIDING FOR BENEFITS; PROVIDING FOR ADMINISTRATION OF THE SYSTEM; AND PROVIDING AN EFFECTIVE DATE, was read for the first time and referred to the President of the Senate. PUBLIC TRANSIT DISTRICT BOARDS S.B. 84 L. Alma Mansell AN ACT RELATING TO SPECIAL DISTRICTS; AMENDING THE BOARD APPOINTMENT BASIS AND PROCESS FOR CERTAIN PUBLIC TRANSIT DISTRICTS; MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE, was read for the first time and referred to the President of the Senate. PUBLIC SAFETY ELIGIBILITY AMENDMENTS S.B. 85 Robert F. Montgomery AN ACT RELATING TO PENSIONS; AMENDING THE AUTHORITY OF THE PEACE OFFICER STANDARDS AND TRAINING COUNCIL TO DETERMINE PUBLIC SAFETY RETIREMENT DISPUTES, was read for the first time and referred to the President of the Senate. HOUSING AUTHORITY AMENDMENTS S.B. 86 Pete Suazo AN ACT RELATING TO COMMUNITY AND ECONOMIC DEVELOPMENT; PERMITTING CERTAIN GOVERNING BODIES OF THE STATE TO CONTRACT WITH OR EXECUTE AN INTERLOCAL AGREEMENT FOR SERVICES TO BE PROVIDED BY A HOUSING AUTHORITY ESTABLISHED IN ANOTHER POLITICAL SUBDIVISION, was read for the first time and referred to the President of the Senate. ADJUSTMENT IN CERTIFIED RATE ON PROPERTY TAX S.B. 87 Howard A. Stephenson AN ACT RELATING TO THE PROPERTY TAX ACT; AUTHORIZING THE COMMISSION TO ADJUST A TAXING ENTITY'S CERTIFIED TAX RATE FOR CLERICAL ERRORS UNDER CERTAIN CIRCUMSTANCES; IMPOSING LIMITS ON THE AMOUNT ALLOWED AS A CERTIFIED TAX RATE ADJUSTMENT FOR CLERICAL ERRORS; AND PROVIDING FOR RETROSPECTIVE OPERATION, was read for the first time and referred to the President of the Senate. BUDGETARY PROCESS - REVENUE REPORTING S.B. 88 Howard A. Stephenson AN ACT RELATING TO THE PROPERTY TAX ACT; REQUIRING A COUNTY TREASURER TO PROVIDE TO TAXING ENTITIES IN WRITING CERTAIN PROPERTY TAX CHARGES, COLLECTIONS, AND DISTRIBUTIONS; MAKING TECHNICAL CHANGES; AND PROVIDING AN EFFECTIVE DATE, was read for the first time and referred to the President of the Senate. JUVENILE JUDGES - SHORT TERM COMMITMENT OF YOUTH S.B. 89 Nathan C. Tanner AN ACT RELATING TO THE JUDICIAL CODE; PROVIDING THE JUVENILE COURT WITH THE AUTHORITY TO COMMIT A MINOR TO SHORT-TERM DETENTION, was read for the first time and referred to the President of the Senate. JUVENILE COURT POWERS S.B. 90 Nathan C. Tanner AN ACT RELATING TO THE JUDICIAL CODE; AMENDING THE AUTHORITY OF THE JUVENILE COURT TO PUNISH FOR CONTEMPT, was read for the first time and referred to the President of the Senate. TELECOMMUNICATIONS DEREGULATION AMENDMENTS S.B. 92 David H. Steele AN ACT RELATING TO PUBLIC UTILITIES; ENACTING AND AMENDING LANGUAGE REGARDING CONTRACTS PREVIOUSLY REPEALED; AMENDING PROVISIONS REGARDING DISCRIMINATION; PROVIDING THAT THE TERRITORY OF THE COMPETITOR BE MATCHED BY THE INCUMBENT FOR PRICING FLEXIBILITY; AND MAKING TECHNICAL AMENDMENTS, was read for the first time and referred to the President of the Senate. NATIVE AMERICAN COORDINATING BOARD S.B. 93 Millie M. Peterson AN ACT RELATING TO COMMUNITY AND ECONOMIC DEVELOPMENT; EXPANDING THE MEMBERSHIP ON THE STATE NATIVE AMERICAN COORDINATING BOARD; MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE, was read for the first time and referred to the President of the Senate. INFORMATION TECHNOLOGY AMENDMENTS S.B. 94 David H. Steele AN ACT RELATING TO INFORMATION TECHNOLOGY; ESTABLISHING A PUBLIC POLICY STATEMENT; RENUMBERING AND AMENDING SECTIONS RELATING TO THE INFORMATION TECHNOLOGY COMMISSION AND THE CHIEF INFORMATION OFFICER; AND MAKING TECHNICAL CORRECTIONS, was read for the first time and referred to the President of the Senate. AMENDMENT TO PROCUREMENT REQUIREMENTS FOR CONSTRUCTION PROJECTS S.B. 95 David L. Buhler AN ACT RELATING TO PROCUREMENT; DEFINING TERMS; SPECIFYING ALTERNATIVE METHODS OF CONSTRUCTION CONTRACTING MANAGEMENT; MODIFYING PROCUREMENT REQUIREMENTS RELATING TO ARCHITECT-ENGINEER SERVICE PROVIDERS; AND MAKING TECHNICAL CORRECTIONS, was read for the first time and referred to the President of the Senate. CITY AUTHORITY OVER CERTAIN RENTAL UNITS S.B. 96 David L. Buhler AN ACT RELATING TO CITIES AND TOWNS; AUTHORIZING A MUNICIPALITY TO IMPOSE CERTAIN REQUIREMENTS ON THE OWNER OF A RENTAL DWELLING; PROVIDING AN EXCEPTION; AND MAKING TECHNICAL CORRECTIONS, was read for the first time and referred to the President of the Senate. COSTS FOR UNLAWFUL SUBDIVISION OF LAND S.B. 97 LeRay McAllister AN ACT RELATING TO CITIES AND TOWNS AND COUNTIES; IMPOSING CIVIL LIABILITY FOR IMPROPERLY RECORDED SUBDIVISION PLATS, was read for the first time and referred to the President of the Senate. COUNTIES - SUBDIVISION DEFINED S.B. 98 LeRay McAllister AN ACT RELATING TO COUNTIES; MODIFYING THE DEFINITION OF SUBDIVISION, was read for the first time and referred to the President of the Senate. COUNTY PLANNING AMENDMENTS S.B. 99 LeRay McAllister AN ACT RELATING TO COUNTIES; CHANGING THOSE AUTHORIZED TO PETITION FOR ESTABLISHMENT OR DISSOLUTION OF PLANNING DISTRICT AND COMMISSION FROM PROPERTY OWNERS TO REGISTERED VOTERS; MODIFYING THE NOTICE PROVISIONS RELATING TO PUBLIC HEARINGS; IMPOSING RESIDENCY REQUIREMENT ON MEMBERS OF DISTRICT PLANNING COMMISSION; MODIFYING PROVISIONS FOR DISSOLUTION OF PLANNING DISTRICT; REQUIRING PLANNING DISTRICT PUBLIC HEARINGS TO BE HELD WITHIN THE DISTRICT; AND MAKING TECHNICAL CORRECTIONS, was read for the first time and referred to the President of the Senate. FINANCIAL INSTITUTION AMENDMENTS S.B. 100 L. Alma Mansell AN ACT RELATING TO FINANCIAL INSTITUTIONS; AMENDING POWERS AND DUTIES OF COMMISSIONER OF FINANCIAL INSTITUTIONS; REVISING FEES; AMENDING APPLICATION PROCEDURE; AMENDING POWERS, RIGHTS, AND PRIVILEGES OF BANKS; AMENDING BANK PROHIBITED INVESTMENTS AND LOANS; AMENDING COMMISSIONER'S AUTHORITY TO AUTHORIZE INDUSTRIAL LOAN CORPORATIONS TO CONDUCT BUSINESSES; MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE, was read for the first time and referred to the President of the Senate. CORPORAL PUNISHMENT IN PUBLIC SCHOOLS AMENDMENTS S.B. 101 David H. Steele AN ACT RELATING TO PUBLIC EDUCATION; REMOVING THE WRITTEN PERMISSION EXCEPTION FOR INFLICTING CORPORAL PUNISHMENT IN THE PUBLIC SCHOOLS, was read for the first time and referred to the President of the Senate. WESTERN INTERSTATE COMMISSION FOR HIGHER EDUCATION AMENDMENTS S.B. 102 Lyle W. Hillyard AN ACT RELATING TO HIGHER EDUCATION; MODIFYING THE WICHE COMMISSIONERS' DUTIES AND THE RESIDENCY REQUIREMENTS FOR ACCEPTABLE CANDIDATES TO THE WICHE PROGRAM, was read for the first time and referred to the President of the Senate. CONSUMER PROTECTION AMENDMENTS S.B. 103 David L. Buhler AN ACT RELATING TO COMMERCE AND TRADE; AMENDING THE DEFINITIONS OF TRANSACTIONAL RESOURCES AND TELEPHONE SOLICITATION AS OVERSEEN BY THE DIVISION OF CONSUMER PROTECTION, was read for the first time and referred to the President of the Senate. STATE RISK MANAGEMENT COVERAGE OF TEACHERS S.B. 104 L. Steven Poulton AN ACT RELATING TO RISK MANAGEMENT; DIRECTING THE RISK MANAGER TO PROVIDE INFORMATION ABOUT INSURANCE COVERAGE TO SCHOOL DISTRICTS TO PROVIDE TO SCHOOL TEACHERS; AND PROVIDING FOR RELATED MATTERS, was read for the first time and referred to the President of the Senate. ECCLES COMMUNITY ART CENTER GRANT S.B. 105 Nathan C. Tanner AN ACT RELATING TO APPROPRIATIONS; APPROPRIATING $500,000 FROM THE GENERAL FUND TO THE ECCLES COMMUNITY ART CENTER FOR USE IN CONSTRUCTING A NEW BUILDING; AND PROVIDING AN EFFECTIVE DATE, was read for the first time and referred to the President of the Senate. CLASS B AND C ROAD BID LIMIT S.B. 106 John P. Holmgren AN ACT RELATING TO HIGHWAYS; AMENDING THE BID LIMIT DEFINITION FOR CLASS B AND C ROADS, was read for the first time and referred to the President of the Senate. MEDICAL SAVINGS ACCOUNT AMENDMENTS S.B. 107 George Mantes AN ACT RELATING TO REVENUE AND TAXATION; CLARIFYING THE STATE INCOME TAX CONSEQUENCES OF A WITHDRAWAL FROM OR CONTRIBUTION TO A MEDICAL CARE SAVINGS ACCOUNT; AND PROVIDING RETROSPECTIVE OPERATION, was read for the first time and referred to the President of the Senate. PUBLIC SAFETY RETIREMENT COST OF LIVING ADJUSTMENT S.B. 108 David L. Buhler AN ACT RELATING TO PENSIONS; INCREASING THE COST-OF-LIVING ALLOWANCE FOR MEMBERS OF THE PUBLIC SAFETY RETIREMENT SYSTEMS; AND PROVIDING AN EFFECTIVE DAT, was read for the first time and referred to the President of the Senate. LABOR - WORKING CONDITIONS S.B. 109 David L. Buhler AN ACT RELATING TO LABOR; ELIMINATING EIGHT-HOUR DAY LIMIT ON WORKERS IN SMELTERS AND REFINERIES; AND MAKING TECHNICAL CORRECTIONS, was read for the first time and referred to the President of the Senate. WORKERS' COMPENSATION EXCLUSIVE REMEDY S.B. 110 David L. Buhler AN ACT RELATING TO WORKFORCE SERVICES; AMENDING THE EXCLUSIVE REMEDY; MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE, was read for the first time and referred to the President of the Senate. HANDGUN PURCHASE REQUIREMENTS S.B. 111 Michael G. Waddoups AN ACT RELATING TO CRIMINAL CODE; EXCLUDING PERSONS WITH A VALID CONCEALED FIREARM PERMIT FROM BACKGROUND CHECK AND FEE FOR HANDGUN PURCHASE; PROVIDING DEFINITION; AND MAKING TECHNICAL CHANGES, was read for the first time and referred to the President of the Senate. DRAMSHOP LIABILITY AMENDMENTS S.B. 112 David L. Buhler AN ACT RELATING TO ALCOHOLIC BEVERAGES; MODIFYING LIABILITY PROVISIONS; ELIMINATING STATUTORY CAP ON LIABILITY UNDER DRAMSHOP ACT; MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE, was read for the first time and referred to the President of the Senate. LEGISLATIVE OVERSIGHT AND SUNSET REVIEW AMENDMENTS S.B. 113 Leonard M. Blackham AN ACT RELATING TO THE LEGISLATURE; MODIFYING THE UTAH SUNSET ACT; REPEALING THE REQUIREMENT THAT DEPARTMENTS AND DIVISIONS ARE SUBJECT TO SUNSET; REVISING THE AGENCIES SUBJECT TO REVIEW; PROVIDING A DISCRETIONARY REVIEW PROCESS; AND PROVIDING AN EFFECTIVE DATE, was read for the first time and referred to the President of the Senate. INTERLOCAL COOPERATION ACT AMENDMENTS S.B. 114 Leonard M. Blackham AN ACT RELATING TO CITIES, COUNTIES, AND LOCAL TAXING UNITS; MODIFYING DEFINITIONS; MODIFYING THE ENERGY OUTPUT REQUIREMENT IN AN OFFER FOR A POWER SALES CONTRACT; MODIFYING THE REQUIREMENT FOR ENERGY OUTPUT AVAILABLE FOR USE WITHIN THE STATE; EXEMPTING COMMERCIAL PROJECT ENTITIES FROM PARTS OF THE GOVERNMENT RECORDS ACCESS AND MANAGEMENT ACT; AND MAKING TECHNICAL CORRECTIONS, was read for the first time and referred to the President of the Senate. INSURANCE LAW AMENDMENTS S.B. 115 L. Steven Poulton AN ACT RELATING TO INSURANCE; AMENDING DEFINITION OF EXCESS SURPLUS; CLARIFYING AND AMENDING PENALTY PROVISIONS; CLARIFYING METHOD FOR OFFSETTING EXAMINATION EXPENSES AGAINST PREMIUM TAX LIABILITY; AMENDING METHOD FOR ISSUING CERTIFICATE OF AUTHORITY TO A HEALTH MAINTENANCE ORGANIZATION; CLARIFYING CLASS OF INSURERS THAT MUST MAINTAIN RISK BASED CAPITAL; CLARIFYING INSTANCES IN WHICH A PLAN TO DISTRIBUTE DIVIDENDS MUST BE FILED UNDER SECTION, was read for the first time and referred to the President of the Senate. EXTENSION OF CHILD VISITATION PILOT PROGRAM S.B. 116 Millie M. Peterson AN ACT RELATING TO HUSBAND AND WIFE; EXTENDING THE EXPEDITED VISITATION ENFORCEMENT PILOT PROGRAM; CLARIFYING THE OPERATION OF THE PROGRAM; AND REDUCING THE PURPOSES FOR WHICH THE CHILDREN'S LEGAL DEFENSE ACCOUNT MAY BE USED, was read for the first time and referred to the President of the Senate. COMMERCIAL VEHICLE REGISTRATION S.B. 117 David H. Steele AN ACT RELATING TO REVENUE AND TAXATION; DEFINING COMMERCIAL VEHICLES; PROVIDING FOR THE COLLECTION AND ASSESSMENT OF CERTAIN TAXES; AMENDING APPORTIONMENT PROVISIONS ON PROPERTY TAXES OF CERTAIN COMMERCIAL VEHICLES; MAKING TECHNICAL CHANGES; AND PROVIDING FOR RETROSPECTIVE OPERATION, was read for the first time and referred to the President of the Senate. VALIDITY OF CREDENTIALS IN PUBLIC EDUCATION S.B. 118 LeRay McAllister AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING THAT AN INDIVIDUAL MAY NOT USE A POSTSECONDARY DEGREE TO GAIN EMPLOYMENT WITHIN THE PUBLIC SCHOOL SYSTEM UNLESS THE DEGREE, AT THE TIME IT WAS AWARDED, CAME FROM AN INSTITUTION OR PROGRAM APPROVED BY THE STATE BOARD OF EDUCATION OR ACCREDITED BY AN ACCREDITING ORGANIZATION RECOGNIZED BY THE BOARD, was read for the first time and referred to the President of the Senate. TRANSPORTATION OVERHEAD RATE LIMITATIONS S.B. 119 John P. Holmgren AN ACT RELATING TO STATE AFFAIRS IN GENERAL; ALLOWING THE DEPARTMENT OF TRANSPORTATION TO MAKE CERTAIN RULES LIMITING CERTAIN RATES THAT MAY BE CHARGED UNDER CONTRACTS; PROVIDING FOR AUDITS; REQUIRING ACCOUNTING AND AUDITING TO COMPLY WITH CERTAIN PROVISIONS; AND PROVIDING AN EFFECTIVE DATE, was read for the first time and referred to the President of the Senate. AMENDMENTS TO DIVORCE REQUIREMENTS S.B. 120 Craig L. Taylor AN ACT RELATING TO HUSBAND AND WIFE; PROVIDING THAT BOTH PARTIES MUST AGREE TO IRRECONCILABLE DIFFERENCES EXISTING BEFORE DIVORCE ON GROUNDS OF IRRECONCILABLE DIFFERENCES MAY BE GRANTED; AND REMOVING THE EXEMPTION TO THE WAITING PERIOD AFTER FILING FOR DIVORCE, was read for the first time and referred to the President of the Senate. RECORDING JUDGMENTS ON REAL PROPERTY S.B. 121 L. Alma Mansell AN ACT RELATING TO REAL ESTATE; RECORDING OF DOCUMENTS; ENACTING AND AMENDING PROVISIONS ON RECORDING JUDGMENT LIENS; PROVIDING THE EFFECTIVE DATE OF THE PROVISIONS; AND MAKING TECHNICAL CHANGES, was read for the first time and referred to the President of the Senate. HEALTH POLICY COMMISSION AMENDMENTS S.B. 122 Howard A. Stephenson AN ACT RELATING TO BOARDS AND COMMISSIONS; AMENDING THE DUTIES OF THE HEALTH POLICY COMMISSION, was read for the first time and referred to the President of the Senate. WATER CONSERVANCY DISTRICT - BOARD OF DIRECTORS S.B. 123 Mike Dmitrich AN ACT RELATING TO SPECIAL DISTRICTS; ALLOWING FEWER THAN REQUIRED NOMINEES FOR BOARD OF DIRECTOR POSITIONS UNDER CERTAIN CIRCUMSTANCES; AND MAKING TECHNICAL CORRECTIONS, was read for the first time and referred to the President of the Senate. TASK FORCE ON REGULATORY BARRIERS TO AFFORDABLE HOUSING S.B. 124 L. Alma Mansell AN ACT RELATING TO THE LEGISLATURE; CREATING A TASK FORCE ON REGULATORY BARRIERS TO AFFORDABLE HOUSING; DEFINING ITS MEMBERSHIP AND DUTIES; APPROPRIATING $23,000 FROM THE GENERAL FUND; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A REPEAL DATE, was read for the first time and referred to the President of the Senate. RESOLUTION INTEGRATING UTAH TOMORROW PRINCIPLES S.C.R. 1 LeRay McAllister A CONCURRENT RESOLUTION OF THE LEGISLATURE AND THE GOVERNOR CALLING FOR THE INTEGRATION OF UTAH TOMORROW PRINCIPLES INTO GOVERNMENTAL PROCESSES, was read for the first time and referred to the President of the Senate. UTAH TOMORROW RESOLUTION S.C.R. 2 LeRay McAllister A CONCURRENT RESOLUTION OF THE LEGISLATURE AND THE GOVERNOR ENCOURAGING THE IMPLEMENTATION OF CERTAIN VISION STATEMENTS, GOALS, AND OBJECTIVES AND THE CONSIDERATION OF THOSE VISION STATEMENTS, GOALS, AND OBJECTIVES IN APPROPRIATIONS AND OTHER LEGISLATIVE PROCESSES AND IN ADMINISTRATIVE AND OTHER EXECUTIVE PROCESSES, was read for the first time and referred to the President of the Senate. RESOLUTION URGING CONGRESSIONAL FACILITATION OF HEALTH CARE PRODUCTS S.J.R. 2 Lane Beattie A JOINT RESOLUTION OF THE LEGISLATURE URGING THE UNITED STATES CONGRESS TO AMEND THE FEDERAL FOOD, DRUG, AND COSMETIC ACT AND THE PUBLIC HEALTH SERVICE ACT TO FACILITATE THE DEVELOPMENT AND APPROVAL OF NEW DRUGS AND BIOLOGICS, was read for the first time and referred to the President of the Senate. * * * On motion of Senator C. Peterson, Sandra Adams, Executive Director of the Martin Luther King/Human Rights Commission, and members, spoke in Committee of the Whole. Debra Bonner sang two numbers. BILL ASSIGNMENT REPORTS To the Members of the Senate: January 20, 1997 The President having received the following Senate bills and resolutions with their fiscal notes, orders them printed and assigned to the following committees: Business, Labor & Economic Development S.B. 3 Construction Contractors (L. Poulton) S.B. 11 Workers' Compensation - Exemption for Agricultural Workers (R. Steiner) S.B. 73 Contractor's Duties to Subcontractors (L. Mansell) S.B. 95 Amendment to Procurement Requirements For Construction Projects (D. Buhler) Education S.B. 5 Creating a Public School District (M. Peterson) S.B. 76 Extracurricular Activities (H. Stephenson) S.B. 77 School And Institutional Trust Lands Amendments (D. Steele) S.B. 101 Corporal Punishment in Public Schools Amendments (D. Steele) S.B. 102 Western Interstate Commission For Higher Education Amendments (L. Hillyard) S.B. 104 State Risk Management Coverage of Teachers (L. Poulton) Energy & Natural Resources S.B. 12 Underground Coal Mining - Water Replacement Requirements (M. Dmitrich) Health/Environment S.B. 7 Pharmacy Act - Open Drug Formulary (J. Holmgren) S.B. 18 Health Care Provider Practice And Conduct Amendments (R. Montgomery) S.B. 20 Optometry Practice Act (L. Mansell) Human Services S.B. 80 Child Support Advisory Committee Membership (C. Taylor) S.B. 86 Housing Authority Amendments (P. Suazo) Judiciary S.B. 4 Capital Homicide Amendments (D. Buhler) S.B. 83 Judges Noncontributory Retirement System (C. Peterson) S.B. 85 Public Safety Eligibility Amendments (R. Montgomery) Revenue & Taxation S.B. 10 Income Tax Checkoff (L. Hillyard) S.B. 87 Adjustment in Certified Rate on Property Tax (H. Stephenson) S.B. 107 Medical Savings Account Amendments (G. Mantes) State & Local Affairs S.B. 92 Telecommunications Deregulation Amendments (D. Steele) S.B. 93 Native American Coordinating Board (M. Peterson) S.B. 94 Information Technology Amendments (D. Steele) S.C.R. 1 Resolution Integrating Utah Tomorrow Principles (L. McAllister) S.C.R. 2 Utah Tomorrow Resolution (L. McAllister) Transportation & Public Safety S.B. 8 Appropriation For Sound Barriers (D. Buhler) S.B. 17 Covering Certain Load Materials (J. Hull) S.B. 106 Class B And C Road Bid Limit (J. Holmgren) Lane Beattie, Senate President Report filed; and To the Members of the Senate: January 20, 1997 The President having received the following Senate bill along with its fiscal note, orders it printed and placed on the Second Reading Calendar: S.B. 88 BUDGETARY PROCESS - REVENUE REPORTING (H. Stephenson) Lane Beattie, Senate President Report filed. * * * On motion of Senator C. Peterson, and at 12:00 noon, the Senate recessed. AFTERNOON SESSION The Senate reassembled at 2:20 p.m., with President Beattie presiding. On motion of Senator Hillyard, Chief Justice Zimmerman spoke in Committee of the Whole. On motion of Senator C. Peterson, the remarks of Chief Justice Zimmerman were ordered printed upon the pages of the Senate Journal. REMARKS OF CHIEF JUSTICE MICHAEL ZIMMERMAN Governor Leavitt, President Beattie, Speaker Brown, legislators, and members of the public. On behalf of the Utah Judicial Council, the Utah Supreme Court, and all the judges and staff in the third branch of government, I thank you for this opportunity to report on the state of the Utah judiciary. Contrary to my usual practice, I have come today without my robe. This symbolizes the fact that I am here not as a judge, a decider of cases, but as chair of the Utah Judicial Council, the elected body of judges given responsibility by the Utah Constitution to oversee the administration of the judicial branch. I am here to report to you the state of that branch of government from an administrative and operational perspective. You probably expect me to talk in detail about money. Well, just to set your minds at ease, I am not going to use this time to ask for money. However, I will leave that to the State Court Administrator's office in presentations before your committees in the coming weeks. I thought this would be a good opportunity to reacquaint you with a judicial branch that looks quite different than it did in 1896, or even in 1986. In the last decade, a number of new programs have been grafted onto the branch. They bring more service to the public, but they also present some difficult challenges to those administering the judicial branch. In giving you an overview of the current state of the third branch, I must begin with an acknowledgment of its core responsibility, a responsibility that has not changed since the writing of the Magna Carta almost 800 years ago. In that document it was stated that "All courts shall be open; every person for an injury done him, goods, person, or reputation shall have remedy by due course of law; and right and justice shall be administered without favor, denial, or delay". This statement of the judiciary's responsibility sounds as fresh today as it did in 1215, a fact that shows a deep and long standing social and political consensus as to what the people expect of the justice system. But because of that ingrained notion as to what judges have historically been charged to do, I find that members of the public, and occasionally legislators, tend to think of the judiciary exclusively in those terms--as black robed judges presiding in their courtrooms. Ten years ago, that might have been a fairly accurate portrait of all that the Utah judiciary did. But from an administrative standpoint, today's Utah judicial branch is much more. The root of this transformation lies in the fact that in 1985, the Legislature and the people amended the constitution and empowered the judiciary to administer itself in a coherent and unified fashion. The changes wrought by this amendment led us to develop administrative competence. That demonstrated competence, in turn, resulted in the Legislature placing increased responsibilities with us. Today, the Utah Judicial Council oversees 1,100 people employed within the branch. Only slightly more than one hundred of these are judges. You may ask what those other thousand people do. The answer is that the judiciary has broad administrative functions. For example, we now manage all support services needed by those judges on the bench. This may be something that is within the expectations of many. But perhaps less expectedly, the administrative umbrella of the judiciary shelters an increasing number of diverse programs and initiatives that the judges and the Legislature have concluded are necessary to make justice more effective and more broadly available to members of the public. Some of these programs have been given to us to administer because they serve ends allied to those of the judge in the courtroom. Others have been given to us, frankly, because they do not fit comfortably in any other agency of state government. I want to give you a sense for the variety of the services we provide. The easiest way may be to describe how today's Utah judicial branch would look in a series of snapshots. Among those images would be the following: In a courthouse in Salt Lake City, you would see a deputy clerk helping a victim of spouse abuse, trailed by her two young children, through the hour-long process of filling out the necessary forms and going to see a judge to obtain a restraining order against the abuser. In a St. George juvenile court, you would see a judge holding a hearing to determine whether a child will be left with his parents, or taken from the home. This hearing has the full panoply of procedural protections for the child and for the parents. In that same hearing, you would see a lawyer acting as a guardian ad litem, representing the interests of the child separate from those of the state and the parents. Both the statutory requirement for the formalized hearing, and the routine presence of the guardian ad litem, who is now an employee of the judiciary rather than the Department of Human Services, are the result of recent legislation. That legislation was passed to better protect the interests of the child and to assure permanent placement plans are in effect for all children under the custody of the department. Another picture: In a conference room in an office building in Tooele, you would see a mediator participating in our court-annexed alternative dispute resolution program. She would be working with the parties to settle a complex case, a case that the assigned trial judge had been told would take two weeks to try. Within an afternoon, the parties resolve the dispute. They come to an agreement that also lays the foundation for future business dealings between them. In a courthouse in Richfield, you would see an in-court clerk at her computer terminal accessing some of the over three hundred screens that permit her to set trial schedules, produce forms, track payments, and input information on everything that occurs in the courtroom into a statewide data base. That same system will permit the Administrative Office of the Courts to gather and integrate detailed case data from every court in the state, to better predict trends, to let the public and the Legislature know more about the courts' business, and to make sure we are using our resources to the best advantage. In Provo, you would see a juvenile probation officer supervising a team of teenage offenders removing graffiti from the side of a business earlier defaced. This is the Juvenile Court's nationally recognized work restitution program. Similar programs across Utah returned well over $1 million to victims of juvenile crime and provided over 500,000 hours of community service in the last year alone. Another shift of scene: After hours, in a Salt Lake City district courtroom, you would see a small group of drug addicted defendants charged with non-violent crimes appearing before a district judge, a judge who volunteered to run our pilot drug court program. The judge reviews the defendants' regular drug test results to monitor any recent drug usage. He also receives reports about their progress in the mandatory treatment program. These are all conditions of their not going to jail. This pilot program, undertaken with no state funds, promises to cut repeat criminal conduct by getting minor offenders off of drugs. By the way, I would invite any of you to attend Judge Fuchs' courtroom on a Tuesday or Thursday afternoon to observe this promising new program. In another picture, taken any day of the week in any number of locations, you would see judges and court administrators meeting with representatives of other agencies and with legislators to work on common problems. This could be a meeting of the Commission on Criminal and Juvenile Justice; it could be the Families, Agencies, and Communities Together (FACT) Council; it could be the Legislature's Judicial Rules Review Committee, or it could be any number of other committees and task forces. It might even be the Juvenile Justice Task Force, which you established last year. Its excellent recommendations calling for a fundamental change in how we address juvenile crime will be before you this session. The final picture I would show you would be of a district court judge presiding over a civil or criminal jury trial. I want to return to the trial judge because this is where the judiciary started. This is still our core function. The Utah judiciary I have pictured is radically different from the one you would have seen even ten years ago. And it is certainly not the picture that average members of the public would form if asked how they envision the court system. Yet it is a picture of which we can be proud. These eleven hundred people are performing the variety of different tasks they have been given sufficiently well that they have earned consistent recognition as one of the most efficient, effective, and forward looking judicial administrations in the nation. You may ask where this descriptive portrait of the judiciary is taking us. What relevance does it have for the legislature? My answer is that it not only gives you a better sense of the variety of tasks we perform, but also explains why the growth in population, in crime, and in civil litigation that Utah is experiencing have multiple impacts on the judiciary. For example, assume a divorce in which there are allegations of abuse. Not only does this affect the trial judge before whom the case is heard, but also the personnel assigned to the mandatory divorce education program we have been given to administer. It may also lead to one party filing for a protective order, requiring significant time of the deputy clerk assigned to help applicants for such orders. Perhaps it will also affect the juvenile court, where proceedings concerning placement of the child may be filed. And that means another case for the guardian ad litem. These multiple impacts are common, and they have a significant effect on our resource needs. Another impact on the judiciary of the proliferation of new programs is that they can distort our funding priorities. Each program is important. Many expand the quality and availability of justice, and they reduce crime. But we cannot lose sight of the fact that the essential job of the judiciary is still to hear cases and to decide them fairly, impartially, and without delay, just as it was 800 years ago, and, I am sure, it will be 800 years from now. It is not always easy to attend to the funding and support needs of that core function and to those of the newer programs at the same time. New programs seem to grow faster than old ones. This is so because often the true scope of the need being addressed is not fully understood when the program is first put into place. A prime example is the guardian ad litem program. This program was sharply expanded and put under the judiciary's administrative umbrella in 1994. Since then, it has grown from $250,000 to $2,000,000, taking a disproportionate share of all new money flowing into the judiciary's budget over the fiscal period 1994 to 1997. And the guardians are still unable to handle adequately the mounting caseload of abused and neglected children while meeting the responsibilities set for them by the legislation. Another example is the program under which deputy clerks assist those seeking spouse abuse protective orders. First put in place in 1995, the legislation was enacted without any funding for the needed clerks. And the demand for the orders has grown by more than 90% over the past two years. This has required creative efforts on our part to assure the availability of the necessary help to the public. While these and other new programs have been rapidly expanding and consuming our time and resources, we have faced a growing threat to our ability to timely adjudicate civil and criminal cases in the district courts. Over the past ten years, total case filings in what is now the consolidated district court have increased by 33%; there has been a 14.4% increase from 1993 through 1996 alone. More critically, in the very near past, we have seen an unprecedented rise in criminal filings, particularly felonies. They have increased 54% since 1993. Because of the constitutional requirement that we adjudicate criminal cases before civil, a direct consequence has been a rapid increase in delays in the handling of civil matters. During this same ten year period, we have added only two new judges in the courts now consolidated as the district court. And in by far our busiest district, the Third District that includes Summit, Tooele, and Salt Lake Counties, where over 57% of our total statewide filings are handled, no new judges have been added since 1986. We are proud that we have managed to accommodate these dramatic increases by using more efficient calendaring procedures, adding domestic commissioners, better utilizing existing judges through consolidating circuit and district courts, and putting our court-annexed alternative dispute resolution program in place. But we are at the point where adding resources to perform our core function is inescapable. Demand is exceeding our ability to keep up. Civil case processing times are getting steadily longer. We are now accumulating an ever increasing backlog of cases. This is a dramatic change for Utah. We have traditionally had one of the faster civil dockets in the country. I have no solution for these conflicts in priorities between our traditional, core function and the newer initiatives for which we now have responsibility. But by making you aware of the dilemma often faced by the Judicial Council in preparing its budget requests, I hope you will better understand those requests, and our seeming omnipresence in your hearing rooms. In closing, I assure you that those of us charged with administering the judicial branch, both judges and staff, will continue to search for ways to do our diverse jobs better and more efficiently. We will continue to innovate, and we will continue to carry out the various programs you choose to give us with a view toward making the justice system work better for the people of Utah. As I have mentioned in previous years, my door, like that of everyone else with administrative responsibility in the judiciary, remains open to all who have questions about how we are doing our job, and to those with thoughts about how we can do it better. Thank you for your attention. I wish you well in your deliberations. INTRODUCTION OF BILLS ELECTION LAW - CANDIDATE ISSUES S.B. 82 L. Steven Poulton AN ACT RELATING TO ELECTIONS; REQUIRING A DECLARATION OF CANDIDACY FOR CANDIDATES FOR THE STATE BOARD OF EDUCATION; MODIFYING THE PROCESS FOR SELECTING STATE BOARD OF EDUCATION MEMBERS; CLARIFYING ISSUES RELATING TO CERTIFYING THE NAMES OF CANDIDATES FOR PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES FOR PLACEMENT ON THE BALLOT; AND MAKING TECHNICAL CORRECTIONS, was read for the first time and referred to the President of the Senate. PUBLIC TRANSIT DISTRICT BOARDS S.B. 84 L. Alma Mansell AN ACT RELATING TO SPECIAL DISTRICTS; AMENDING THE BOARD APPOINTMENT BASIS AND PROCESS FOR CERTAIN PUBLIC TRANSIT DISTRICTS; MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE, was read for the first time and referred to the President of the Senate. hardship driver permit for youth S.B. 125 Leonard M. Blackham AN ACT RELATING TO PUBLIC SAFETY; PROVIDING FOR THE ISSUANCE OF A RESTRICTED HARDSHIP PERMIT FOR CERTAIN PERSONS UNDER 16 YEARS OF AGE; DEFINING TERMS; ESTABLISHING RESTRICTIONS, EXPIRATION, AND REVOCATION, was read for the first time and referred to the President of the Senate. * * * On motion of Senator Waddoups, the Senate approved the opening of a file for a departmental bill entitled, "State Transportation Infrastructure Bank." * * * On motion of Senator C. Peterson and at 3:00 p.m., the Senate adjourned until 10:00 a.m., Tuesday, January 21, 1997. joint convention President Beattie called the Joint Convention to order at 6:15 p.m. in the Chamber of the Utah House of Representatives. President Beattie appointed a Joint Committee comprised of Senators Craig A. Peterson, Leonard M. Blackham, and Scott N. Howell, and Representatives Christine R. Fox, Kevin S. Garn, and David M. Jones to notify the Governor that the 1997 General Session of the 52nd Legislature is in Joint Convention and ready to hear his State of the State address. President Beattie acknowledged and introduced special guests. The Joint Committee escorted His Excellency Governor Michael O. Leavitt to the podium where he was presented to the Joint Convention by President Beattie. STATE OF THE STATE ADDRESS BY GOVERNOR MICHAEL O. LEAVITT Mr. President, Mr. Speaker, Mr. Chief Justice, Lieutenant Governor, my fellow citizens: As we gather together on Human Rights Day, at the dawn of Utah's second century, we are participating in one of the fundamental transformations in human history, the transition from the Industrial Age to the Information Age, the dawning of a new epoch with all of its associated uncertainties and opportunities. Will Utah be ready for the new century? Yes, we will. We will plan wisely for growth, for the global economy, and for the Information Age. We will be ready to welcome the world in 2002. Utah has always met its challenges straight-up, head-on. We were recently recognized as the nation's best-managed state. Our economy is strong, our stature in the world is growing, and we continue to enjoy an incomparable quality of life. Unemployment is at a forty-year low, and our spendable incomes are on the rise. Our students are among the nation's best and brightest. Utah is a young and vigorous state. We're poised for the 21st Century. We're more than ready, we're already on our way. This year we break ground for a 21st Century transportation system. Many of our roads and highways are outdated, worn out, and in some cases, unsafe. If you've ever crept along I-15 at ten miles an hour during what is ironically termed "rush hour," you know for yourself: it's time to act. If you've ever waited 10 minutes at the 12th South interchange in Provo, or felt you would grow old waiting for a break in traffic on St. George Boulevard, on Harrison Boulevard in Ogden, or on Logan's Main Street, you know it's time to build a transportation system for the future. In our last legislative session, we established the Centennial Highway Fund, a ten-year 3.6-billion-dollar investment in a transportation system to meet pressing needs in nearly every county and city in the State of Utah. We need new interchanges in Weber, Washington and Utah Counties; new highways in Davis and Cache Counties; major improvements in Iron, Uintah, San Juan and Box Elder Counties and every other county in the state. The first and largest project is the reconstruction of I-15, which begins this Spring. Our state is like a family embarking on a home remodeling project. You know what it's like: you end up cooking in the basement and storing the refrigerator in the front hall, but you put up with all the noise and inconvenience and the sheet rock dust that drifts into your cornflakes, because you know it's worth it. At times, it will be inconvenient and messy for the commuters on I-15, too, but the Department of Transportation will do its best to help us cope. They will tell us about the best alternative routes and alert us about any delays we might encounter during the reconstruction project. Like any family beginning a home remodeling project, the State needs to plan its finances carefully. I have followed two very simple funding philosophies: one, our funding plan must be affordable, and two, it must be fair. By affordable, I mean that our funding plan must fit into people's budgets. We knew, when we embarked on this project, it would have to be something taxpayers could afford. So we have cut taxes every year for the last three years. We have cut property taxes, sales taxes, income taxes. For every new dollar in road taxes, we have lowered other taxes by three dollars. Let me repeat that. For every dollar in proposed new road taxes, we have cut general taxes by three dollars. This is a fair funding plan. It means everybody pays a little, but those who use the roads the most, pay the most. For example, under my proposal, large trucks pay more because they cause more wear and tear on roads. That's only fair. My plan also includes fuel taxes and car registration fees. But even with the changes, Utah's gas tax will be no higher than those in surrounding states, and our automobile registration fee will still be one of the nation's lowest. I like it because if you don't use it you don't pay. And what about those who will use the roads after the reconstruction project is completed? Shouldn't they pay part of the cost, too? I think so. That's why I'm proposing that through bonding, 10% of the costs be paid by tomorrow's drivers. May I say to you as legislators, this is a demanding legislative task, one that requires our best statesmanship. Let us not be Republicans or Democrats on this issue. Let us be Utahns. Let us not be citizens of urban cities or rural towns, let us be Utahns. On this historic occasion, let us rise above narrow self-interests and unite in the State's common interest. We must not fail. The risk of refusal is too high; the price of procrastination too great. Will it be easy? No. Will it be pleasant? No. Will it be worth it? Absolutely. We can do it, and we can do it well. Together, we can build the roads that will take us and our children into the next century. Preparing for the 21st Century will take more than just concrete and reinforced steel. It will take every ounce of imagination, heart and good will that we possess. And that's why I ask you tonight to move forward on Utah's innovative Workforce Services Department. This is a fundamental change in philosophy. We're escaping from a big-government, Washington-knows-best, top-down, one-size-fits-all, steady-stream-of-welfare, no-hope, no-exit fiasco. In its place, we're offering a dignified path to self-sufficiency for those who need help. I like to call this the "wise neighbor" philosophy. We've all known a "wise neighbor"--the person down the street who is always willing to help out, but who trusts us to make our own smart choices. I remember my own wise neighbors, country doctor Paul Edmunds and his wife, Ella. Mrs. Edmunds was the sort of person who welcomed each new neighbor with a loaf of freshly-baked bread. As a young boy growing up in Cedar City, my Levis were always torn at the knees, something which did not make me as fashionable then as it might today. When my mother mentioned this problem to Mrs. Edmunds, she didn't offer to do my mother's mending. She simply taught my mother a mending technique durable enough to stand up to an active seven-year-old. Mrs. Edmunds knew instinctively what some Washington bureaucrats never understood. For too long, welfare has stripped people of their independence. People would run into problems, and instead of teaching them how to mend their own broken lives, government just threw money at the problems. Utah's "wise neighbor" welfare reforms are working. Take Jessica--a single mom on welfare who found a job and earned a raise. Under federal regulations, her raise disqualified her for child care assistance. Jessica agonized for two weeks about what to do. She loved her job and she hated welfare, but she couldn't afford to work and pay child care. So Jessica quit her job, and went back on welfare, but she didn't think it made sense. She was right. Under Utah's welfare reform, caseworkers meet with clients like Jessica to put together an individual self-sufficiency plan, a flexible, practical plan to help each client get training, get a job, keep a job, and become self-sufficient. Today, Jessica is working at a new job and she has once again earned a raise. But things are different this time. She kept her job. We used common sense, and helped with her child care. It costs the state far less to give her a little help with child care during her transition to self sufficiency than to send her back on welfare. The old system didn't make sense, and Utah was one of the first states in the nation to begin reforming welfare four years ago. We were so successful that we expanded welfare reform statewide in July, and we are consolidating programs from six different departments into one streamlined Department of Workforce Services. It will bring all state employment services into one department. Now, like wise neighbors, we can help people enjoy that sense of autonomy and self-worth that comes from taking charge of our own lives. Jessica's story is just one of thousands. The number of Utah families on welfare has dropped by more than 5,000 as reform has been implemented. Think of it: more than 5,000 families whose members have mended their lives, have regained their self-esteem, and are now contributing their skills and talents to Utah's future. Four years ago, we agreed that health insurance should be accessible for every Utahn, and each year since then, we have taken carefully-planned steps to achieve that goal. Today, tens of thousands of Utah's citizens have gained access to affordable health care. This year we take another step. Like wise neighbors, the State and its partners in the private insurance industry have made it possible for individuals who were previously uninsurable to purchase health care. Most of these people will purchase private health coverage, and those few who cannot, will be able to purchase coverage through a special state program. Our health care goals are in sight; let us take another step toward making health care accessible for all Utahns. Like health care, higher education is essential not only for our individual well-being but for the well-being of the entire community. I am often struck, in fact, by the similarities in the challenges we face in the fields of health care and higher education. Both are being reshaped by enormous changes in technology and market pressures. College administrators, like hospitals and doctors, find themselves confronted by consumers clamoring for better access and lower costs, with no reduction in quality. Utah's colleges, universities and applied technology centers offer our citizens the intellectual nourishment and lifelong training that are essential in our changing world. But like institutions all over the world, they are moving at bullet-train speed into a new age of competition and market-driven change. We must commit to stand by our colleges, universities and applied technology centers, and nurture them during this difficult transition period. Our task is not to shield them from change, but to be a partner in their transformation. Fortunately, the very technologies that are driving these changes are also providing some of the solutions. Utah has joined with thirteen other states to create the Western Governors' University, a technology-based university that will offer degree and certificate programs from state-supported and private institutions throughout the West. Tonight I am pleased to announce that its headquarters will be in Salt Lake City. Our investment in world-class public education is paying big dividends. The last four years have brought higher academic standards, smaller classes, and better teacher pay. Parents have more influence in schools, and we have established thousands of new partnerships between business and education. Our students are using the technologies of tomorrow in their classrooms today. Through the Internet, our students have at their fingertips an electronic library stocked with thousands of publications, more current and more complete than any newsstand. Though Ednet, our educational video network, students have access to hundreds of classes all over the state. Technology is changing our classrooms in fundamental ways, but no computer can ever replace a caring teacher. Tonight, I pay tribute to Utah's hard-working and dedicated teachers, particularly to one of our outstanding teachers and associates, Representative Kurt Oscarson. Our hearts go out to his family as they deal with the loss of a father and husband. He will be missed here in the halls of the Utah State Legislature, and by hundreds of students who had the privilege of learning from him. Utah has lost a good man. When you think about our preparation for the next century nothing ranks higher than keeping our schools and communities safe. When you drop your child off at school, you have the right to expect that school to be drug-free and gun-free. We must do everything in our power to keep our kids safe at school. In the past four years, we've more than doubled our juvenile corrections capacity, and we've hired new juvenile judges and probation officers to handle the increased case load. We've made sure that kids who commit adult crime are serving adult time. This year, we're calling for tough new sentencing guidelines that will intervene earlier and dole out more severe penalties for repeat offenders. It does no good, however, to pass tough laws unless we have the jails, prisons and juvenile facilities to back them up. In this year's budget, I propose that we add more than 1,200 slots for juvenile and adult offenders. Correction facilities are expensive but essential. Utahns everywhere say crime is one of their major concerns. Let's do what's necessary to keep our communities safe. Last November, this country elected a president. But both major parties selected their candidates without any meaningful participation from the citizens of Utah or other Rocky Mountain states. Our selection process was too late. That's why Western leaders from both major parties want to hold a Rocky Mountain Presidential Primary election beginning in the year 2000. An early Rocky Mountain primary would become a major event in the presidential campaign. Candidates would come, they would get to know us, and we would get to know them. Our issues would receive national attention. I ask that we join with our neighboring states to give Utah and the West a voice in selecting the leader of the free world. Utah's voice deserves to be heard. While on the subject of national politics, I wish to extend on behalf of all Utahns our best wishes to the president, who was inaugurated today. We express our deepest desire that the president and Congress set aside partisan interests and get on with the business of the people. A critical item of business is balancing the national budget. I am hopeful that this body will have the opportunity to ratify a constitutional amendment imposing on Congress the same discipline that we and nearly every other state have: to balance our budgets. To the Congress, I say: It's time. Let's get it done! Another issue unique to the West: wilderness. For decades, this issue has divided our people. Both sides of the wilderness debate see Utah's canyons, deserts and mountains as sacred, but for different reasons. Let us learn from a bigger debate that the world has watched for centuries; a debate about land, about peace, and about trust. On a luminous September day in 1993, I stood on the south lawn of the White House to witness the signing of a peace treaty between Israel and the PLO. Former presidents, secretaries of state, and world leaders waited for the ceremony to begin as helicopters hovered overhead securing the air space, and thousands of journalists positioned themselves at the crowd's edge. Across the street in Lafayette Park, protesters from both sides loudly chanted their objections. Finally, Yasser Arafat and Yitzhak Rabin walked with President Clinton from the White House. They stood side by side on a simple platform, two leaders of nations who had for centuries fought each other over land that both held sacred for different reasons. I will never forget what Prime Minister Rabin said that day. "We are destined to live together on the same soil in the same land. We the soldiers who have returned from battles . . . Enough. . . . We are today giving peace a chance." As the ceremony drew to a close, Arafat extended his hand, and the world waited to see how Rabin would respond. Slowly, hesitantly, they reached toward each other. Their eyes met, their hands touched, and a huge sigh went up from the crowd. Interestingly, the actual content of the peace accords was not dramatic; the parties had reached an agreement on relatively small points. But those small points of agreement were highly symbolic, establishing a path of trust toward broader future agreement. Succeeding years have shown, of course, that the peace process has been neither swift nor sure, and Rabin even gave his life for peace. But who does not count it as a major victory for both sides, that after two thousand years of fighting over a land they each held sacred, these old enemies took the first steps toward peace? We're not talking about world peace, but our state, for decades, has been divided on the wilderness issue. It is time, now, to say enough fighting, to begin building on what unites us. Each of us shares a love for the land, and each of us shares a common desire to preserve sensitive lands. Let us begin with those lands on which there is substantial agreement. I'd like to say to the extremes on both sides of this debate, let's quit protesting in Lafayette Park, come to the table, and after 20 years let's stop fighting and start protecting land. Tonight, I challenge all sides of this debate to take one small, but symbolically important step toward our own peaceful resolution. In the next few weeks, I will invite all wilderness stakeholders to my office to discuss a proposal to begin the process. We must recognize that gradual progress is superior to perpetually-deferred perfection. Will we ultimately agree on everything? Perhaps not. But time and trust will take us a long way. Let us begin, each of us, by offering a hand in trust. We only fail if we quit. Let us give trust a chance. You know, willing and wise neighbors pull together to overcome challenges and fulfill big dreams. That is our tradition in Utah. For the sake of our children and their children, we will work together to transform education and reform welfare, to combat crime, to provide health care access. And, yes, we will build highways for the 21st Century: electronic highways of bits and bytes, and wide, smooth highways of concrete and steel. It will stretch us; it will measure our mettle and test our character. But I say bring on the 21st Century. Utah is ready! * * * President Beattie asked that the Joint Committee escort the Governor back to his office. On motion of Senator C. Peterson, the Joint Convention voted to have the complete text of the governor's State of the State address printed in the Senate Journal. On motion of Representative Christine Fox, the Joint Convention was dissolved. PAGE INDEX S.B. 3 -- CONSTRUCTION CONTRACTORS (L. Poulton) Read for the first time and referred to the President of the Senate 17 Assigned to standing committee 39 S.B. 4 -- CAPITAL HOMICIDE AMENDMENTS (D. Buhler) Read for the first time and referred to the President of the Senate 17 Assigned to standing committee 40 S.B. 5 -- CREATING A PUBLIC SCHOOL DISTRICT (M. Peterson) Read for the first time and referred to the President of the Senate 17 Assigned to standing committee 39 S.B. 6 -- MUNICIPAL AND COUNTY LAND USE DEVELOPMENT AND MANAGEMENT (L. McAllister) Read for the first time and referred to the President of the Senate 17 S.B. 7 -- PHARMACY ACT - OPEN DRUG FORMULARY (J. Holmgren) Read for the first time and referred to the President of the Senate 18 Assigned to standing committee 39 S.B. 8 -- APPROPRIATION FOR SOUND BARRIERS (D. Buhler) Read for the first time and referred to the President of the Senate 18 Assigned to standing committee 40 S.B. 9 -- PAROLEES AND PROBATIONERS EDUCATION REQUIREMENTS (L. Poulton) Read for the first time and referred to the President of the Senate 18 S.B. 10 -- INCOME TAX CHECKOFF (L. Hillyard) Read for the first time and referred to the President of the Senate 19 Assigned to standing committee 40 S.B. 11 -- WORKERS' COMPENSATION - EXEMPTION FOR AGRICULTURAL WORKERS (R. Steiner) Read for the first time and referred to the President of the Senate 19 Assigned to standing committee 39 S.B. 12 -- UNDERGROUND COAL MINING - WATER REPLACEMENT REQUIREMENTS (M. Dmitrich) Read for the first time and referred to the President of the Senate 19 Assigned to standing committee 39 S.B. 13 -- TELECOMMUNICATION AMENDMENTS (D. Steele) Read for the first time and referred to the President of the Senate 19 S.B. 14 -- OUTDOOR ADVERTISING AMENDMENTS (L. Mansell) Read for the first time and referred to the President of the Senate 20 S.B. 15 -- PUBLIC EDUCATION COMPUTER TECHNOLOGY TASK FORCE (R. Montgomery) Read for the first time and referred to the President of the Senate 20 S.B. 16 -- APPROPRIATION FOR TUACAHN FOUNDATION (L. Jones) Read for the first time and referred to the President of the Senate 20 S.B. 17 -- COVERING CERTAIN LOAD MATERIALS (J. Hull) Read for the first time and referred to the President of the Senate 20 Assigned to standing committee 40 S.B. 18 -- HEALTH CARE PROVIDER PRACTICE AND CONDUCT AMENDMENTS (R. Montgomery) Read for the first time and referred to the President of the Senate 20 Assigned to standing committee 39 S.B. 19 -- PRIORITIZATION OF CHILD SUPPORT COLLECTIONS (R. Muhlestein) Read for the first time and referred to the President of the Senate 21 S.B. 20 -- OPTOMETRY PRACTICE ACT (L. Mansell) Read for the first time and referred to the President of the Senate 21 Assigned to standing committee 39 S.B. 21 -- EMISSIONS INSPECTION ON NEWER VEHICLES (R. Muhlestein) Read for the first time and referred to the President of the Senate 21 S.B. 22 -- BUDGET REVIEW TASK FORCE (M. Peterson) Read for the first time and referred to the President of the Senate 21 S.B. 23 -- DRIVER LICENSE AMENDMENTS (D. Steele) Read for the first time and referred to the President of the Senate 22 S.B. 24 -- UTAH FOREST PRACTICES ACT (A. Myrin) Read for the first time and referred to the President of the Senate 22 S.B. 25 -- SENTENCING GUIDELINES (L. Hillyard) Read for the first time and referred to the President of the Senate 22 S.B. 26 -- SALES TAX OPTION FOR COUNTIES (L. Mansell) Read for the first time and referred to the President of the Senate 22 S.B. 27 -- DANGEROUS WEAPONS - RESTRICTIONS (R. Steiner) Read for the first time and referred to the President of the Senate 23 S.B. 28 -- DISTRICT COURT JUDGE INCREASE (L. Hillyard) Read for the first time and referred to the President of the Senate 23 S.B. 29 -- SALES TAX EXEMPTION FOR SCRAP RECYCLERS (D. Buhler) Read for the first time and referred to the President of the Senate 24 S.B. 30 -- ACCOUNTABILITY AND OVERSIGHT OF UTAH TRANSIT AUTHORITY (M. Peterson) Read for the first time and referred to the President of the Senate 24 S.B. 31 -- CELLULAR PHONE FRAUD (S. Howell) Read for the first time and referred to the President of the Senate 24 S.B. 32 -- VOTER REGISTRATION INFORMATION IN HIGH SCHOOLS (R. Evans) Read for the first time and referred to the President of the Senate 24 S.B. 33 -- CHILD VISITATION GUIDELINES (R. Evans) Read for the first time and referred to the President of the Senate 24 S.B. 34 -- AGRICULTURAL AMENDMENTS (L. Blackham) Read for the first time and referred to the President of the Senate 25 S.B. 73 -- CONTRACTOR'S DUTIES TO SUBCONTRACTORS (L. Mansell) Read for the first time and referred to the President of the Senate 25 Assigned to standing committee 39 S.B. 74 -- INDIGENT DEFENSE PROVISIONS (L. Blackham) Read for the first time and referred to the President of the Senate 25 S.B. 75 -- SAFE DRINKING WATER ACT AMENDMENTS (J. Holmgren) Read for the first time and referred to the President of the Senate 26 S.B. 76 -- EXTRACURRICULAR ACTIVITIES (H. Stephenson) Read for the first time and referred to the President of the Senate 26 Assigned to standing committee 39 S.B. 77 -- SCHOOL AND INSTITUTIONAL TRUST LANDS AMENDMENTS (D. Steele) Read for the first time and referred to the President of the Senate 26 Assigned to standing committee 39 S.B. 78 -- ELECTION LAW - POLITICAL PARTIES (P. Suazo) Read for the first time and referred to the President of the Senate 27 S.B. 79 -- ELECTION LAW - ELECTION PROCESS (R. Evans) Read for the first time and referred to the President of the Senate 27 S.B. 80 -- CHILD SUPPORT ADVISORY COMMITTEE MEMBERSHIP (C. Taylor) Read for the first time and referred to the President of the Senate 27 Assigned to standing committee 39 S.B. 81 -- ELECTION LAW - CAMPAIGN FINANCE REPORTING REQUIREMENTS (D. Buhler) Read for the first time and referred to the President of the Senate 28 S.B. 82 -- ELECTION LAW - CANDIDATE ISSUES (L. Poulton) Read for the first time and referred to the President of the Senate 28 S.B. 82 -- ELECTION LAW - CANDIDATE ISSUES (Poulton, L.) Read for the first time and referred to the President of the Senate 46 S.B. 83 -- JUDGES NONCONTRIBUTORY RETIREMENT SYSTEM (C. Peterson) Read for the first time and referred to the President of the Senate 28 Assigned to standing committee 40 S.B. 84 -- PUBLIC TRANSIT DISTRICT BOARDS (IC Tell, L.) Read for the first time and referred to the President of the Senate 46 S.B. 84 -- PUBLIC TRANSIT DISTRICT BOARDS (L. Mansell) Read for the first time and referred to the President of the Senate 28 S.B. 85 -- PUBLIC SAFETY ELIGIBILITY AMENDMENTS (R. Montgomery) Read for the first time and referred to the President of the Senate 29 Assigned to standing committee 40 S.B. 86 -- HOUSING AUTHORITY AMENDMENTS (P. Suazo) Read for the first time and referred to the President of the Senate 29 Assigned to standing committee 39 S.B. 87 -- ADJUSTMENT IN CERTIFIED RATE ON PROPERTY TAX (H. Stephenson) Read for the first time and referred to the President of the Senate 29 S.B. 88 -- BUDGETARY PROCESS - REVENUE REPORTING (H. Stephenson) Read for the first time and referred to the President of the Senate 29 Placed on Second Reading Calendar 40 S.B. 89 -- JUVENILE JUDGES - SHORT TERM COMMITMENT OF YOUTH (N. Tanner) Read for the first time and referred to the President of the Senate 30 S.B. 90 -- JUVENILE COURT POWERS (N. Tanner) Read for the first time and referred to the President of the Senate 30 S.B. 92 -- TELECOMMUNICATIONS DEREGULATION AMENDMENTS (D. Steele) Assigned to standing committee 40 S.B. 92 -- TELECOMMUNICATIONS DEREGULATION AMENDMENTS (D. Steele) Read for the first time and referred to the President of the Senate 30 S.B. 93 -- NATIVE AMERICAN COORDINATING BOARD (M. Peterson) Read for the first time and referred to the President of the Senate 30 Assigned to standing committee 40 S.B. 94 -- INFORMATION TECHNOLOGY AMENDMENTS (D. Steele) Read for the first time and referred to the President of the Senate 30 Assigned to standing committee 40 S.B. 95 -- AMENDMENT TO PROCUREMENT REQUIREMENTS FOR CONSTRUCTION PROJECTS (D. Buhler) Read for the first time and referred to the President of the Senate 31 Assigned to standing committee 39 S.B. 96 -- CITY AUTHORITY OVER CERTAIN RENTAL UNITS (D. Buhler) Read for the first time and referred to the President of the Senate 31 S.B. 97 -- COSTS FOR UNLAWFUL SUBDIVISION OF LAND (L. McAllister) Read for the first time and referred to the President of the Senate 31 S.B. 98 -- COUNTIES - SUBDIVISION DEFINED (L. McAllister) Read for the first time and referred to the President of the Senate 31 S.B. 99 -- COUNTY PLANNING AMENDMENTS (L. McAllister) Read for the first time and referred to the President of the Senate 32 S.B. 100 -- FINANCIAL INSTITUTION AMENDMENTS (L. Mansell) Read for the first time and referred to the President of the Senate 32 S.B. 101 -- CORPORAL PUNISHMENT IN PUBLIC SCHOOLS AMENDMENTS (D. Steele) Read for the first time and referred to the President of the Senate 32 Assigned to standing committee 39 S.B. 102 -- WESTERN INTERSTATE COMMISSION FOR HIGHER EDUCATION AMENDMENTS (L. Hillyard) Read for the first time and referred to the President of the Senate 32 Assigned to standing committee 39 S.B. 103 -- CONSUMER PROTECTION AMENDMENTS (D. Buhler) Read for the first time and referred to the President of the Senate 33 S.B. 104 -- STATE RISK MANAGEMENT COVERAGE OF TEACHERS (L. Poulton) Read for the first time and referred to the President of the Senate 33 Assigned to standing committee 39 S.B. 105 -- ECCLES COMMUNITY ART CENTER GRANT (N. Tanner) Read for the first time and referred to the President of the Senate 33 S.B. 106 -- CLASS B AND C ROAD BID LIMIT (J. Holmgren) Read for the first time and referred to the President of the Senate 33 Assigned to standing committee 40 S.B. 107 -- MEDICAL SAVINGS ACCOUNT AMENDMENTS (G. Mantes) Read for the first time and referred to the President of the Senate 33 Assigned to standing committee 40 S.B. 108 -- PUBLIC SAFETY RETIREMENT COST OF LIVING ADJUSTMENT (D. Buhler) Read for the first time and referred to the President of the Senate 34 S.B. 109 -- LABOR - WORKING CONDITIONS (D. Buhler) Read for the first time and referred to the President of the Senate 34 S.B. 110 -- WORKERS' COMPENSATION EXCLUSIVE REMEDY (D. Buhler) Read for the first time and referred to the President of the Senate 34 S.B. 111 -- HANDGUN PURCHASE REQUIREMENTS (M. Waddoups) Read for the first time and referred to the President of the Senate 34 S.B. 112 -- DRAMSHOP LIABILITY AMENDMENTS (D. Buhler) Read for the first time and referred to the President of the Senate 34 S.B. 113 -- LEGISLATIVE OVERSIGHT AND SUNSET REVIEW AMENDMENTS (L. Blackham) Read for the first time and referred to the President of the Senate 35 S.B. 114 -- INTERLOCAL COOPERATION ACT AMENDMENTS (L. Blackham) Read for the first time and referred to the President of the Senate 35 S.B. 115 -- INSURANCE LAW AMENDMENTS (L. Poulton) Read for the first time and referred to the President of the Senate 35 S.B. 116 -- EXTENSION OF CHILD VISITATION PILOT PROGRAM (M. Peterson) Read for the first time and referred to the President of the Senate 36 S.B. 117 -- COMMERCIAL VEHICLE REGISTRATION (D. Steele) Read for the first time and referred to the President of the Senate 36 S.B. 118 -- VALIDITY OF CREDENTIALS IN PUBLIC EDUCATION (L. McAllister) Read for the first time and referred to the President of the Senate 36 S.B. 119 -- TRANSPORTATION OVERHEAD RATE LIMITATIONS (J. Holmgren) Read for the first time and referred to the President of the Senate 36 S.B. 120 -- AMENDMENTS TO DIVORCE REQUIREMENTS (C. Taylor) Read for the first time and referred to the President of the Senate 37 S.B. 121 -- RECORDING JUDGMENTS ON REAL PROPERTY (L. Mansell) Read for the first time and referred to the President of the Senate 37 S.B. 122 -- HEALTH POLICY COMMISSION AMENDMENTS (H. Stephenson) Read for the first time and referred to the President of the Senate 37 S.B. 123 -- WATER CONSERVANCY DISTRICT - BOARD OF DIRECTORS (M. Dmitrich) Read for the first time and referred to the President of the Senate 37 S.B. 124 -- TASK FORCE ON REGULATORY BARRIERS TO AFFORDABLE HOUSING (L. Mansell) Read for the first time and referred to the President of the Senate 37 S.B. 125 -- HARDSHIP DRIVER PERMIT FOR YOUTH (IC Tell, L.) Read for the first time and referred to the President of the Senate 46 S.B. 87 -- ADJUSTMENT IN CERTIFIED RATE ON PROPERTY TAX (H. Stephenson) Assigned to standing committee 40 S.C.R. 1 -- RESOLUTION INTEGRATING UTAH TOMORROW PRINCIPLES (L. McAllister) Read for the first time and referred to the President of the Senate 38 Assigned to standing committee 40 S.C.R. 2 -- UTAH TOMORROW RESOLUTION (L. McAllister) Read for the first time and referred to the President of the Senate 38 Assigned to standing committee 40 S.J.R. 2 -- RESOLUTION URGING CONGRESSIONAL FACILITATION OF HEALTH CARE PRODUCTS (L. Beattie) Read for the first time and referred to the President of the Senate 38