Senate Journal 3/2/2009 02:00 PM

The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the twenty-ninth day.

All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

And we hereby move the adoption of the report.

Respectfully submitted,

Bob Gray, Chair

REPORTS OF STANDING COMMITTEES

The Committee on Local Government respectfully reports that it has had under consideration HB 1145 and 1243 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Jason M. Gant, Chair

The Committee on Appropriations respectfully reports that it has had under consideration HB 1025, 1031, 1033, 1048, 1069, 1173, and 1270 and returns the same with the recommendation that said bills do pass.

The Committee on Appropriations respectfully reports that it has had under consideration HB 1081 and returns the same with the recommendation that said bill be amended as follows:

1081bb

On page 1, between lines 7 and 8 of the printed bill, insert:

"Section 2. There is hereby appropriated the sum of two hundred fifty-four thousand five hundred fifty-three dollars ($ 254,553 ), or so much thereof as may be necessary, in other fund expenditure authority to the Division of Criminal Investigation for costs related to the operation of the 24/7 sobriety project."

On page 1, after line 11, insert:

"Section 4. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

1081btb

On page 1, line 1, of the printed bill, delete "to defray" and insert "for".

On page 1, line 2, after "program" insert "and to declare an emergency".

And that as so amended said bill do pass.

Respectfully submitted,
Jean M. Hunhoff, Chair

The Committee on Transportation respectfully reports that it has had under consideration HB 1121 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Mike Vehle, Chair

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1239 and 1240 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Stanford M. Adelstein, Chair

The Committee on State Affairs respectfully reports that it has had under consideration HB 1251 and returns the same with the recommendation that said bill do pass.

The Committee on State Affairs respectfully reports that it has had under consideration HB 1009 and 1129 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

The Committee on State Affairs respectfully reports that it has had under consideration HB 1276 and returns the same with the recommendation that said bill be amended as follows:

1276oa

On the House engrossed bill, delete everything after the enacting clause and insert:

"Section 1. That § 10-45B-1.1 be amended to read as follows:

10-45B-1.1. For the purposes of this chapter, the term, new business facility, means a new building or structure or the expansion of an existing building or structure, including a power generation facility, the construction of which is subject to the contractor's excise tax pursuant to chapter 10-46A or 10-46B. A new business facility does not include any building or structure:

(1) Used predominantly for the sale of products at retail, other than the sale of electricity at retail, to individual consumers;

(2) Used predominantly for residential housing or transient lodging;

(3) Used predominantly to provide health care services; or

(4) That is not subject to ad valorem real property taxation or equivalent taxes measured by gross receipts ; or

(5) That is a pipeline, railroad, power transmission line, or other linear conveyance or transmission facility .

Section 2. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

The provisions of section 1 of this Act do not apply to any project where the permit is granted by the department and construction date of the project occurs before July 1, 2009."

1276ob

On the previously adopted amendment (1276oa), after section 2, insert the following:

"Section 3. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

The name of any person or entity that receives a refund or credit of sales, use, or contractors excise tax pursuant to this chapter and the amount of any such refund or credit is public information and shall be available and open to public inspection as provided in § 1-27-1."

1276ota

On page 1, line 1, of the House engrossed bill, delete everything after "the" and insert "eligibility for refunds of sales and use tax and contractor's excise tax and to require that certain information related to such refunds be public information."

On page 1, delete lines 2 and 3.

And that as so amended said bill do pass.

Respectfully submitted,
Thomas A. Dempster, Chair

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 12, 13, 14, 15, 16, 19, 23, 35, 40, 45, 46, 51, 69, 73, 76, 109, 119, 121, and 122 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

REPORT OF JOINT-SELECT COMMITTEE

Your Joint-Select Committee appointed to make arrangements for legislative days respectfully reports that we recommend the following change to the calendar of the Eighty- fourth Legislative Session: Friday, March 6, 2009, will become the 34^th legislative day and will observe the Tuesday/Thursday committee schedule.

Respectfully submitted,    Respectfully submitted,
Jamie Boomgarden    Bob Gray
David Lust    Dave Knudson
Marc Feinstein    Scott Heidepriem
House Committee    Senate Committee

MESSAGES FROM THE HOUSE

I have the honor to return herewith SB 12, 13, 14, 15, 16, 19, 23, 35, 40, 45, 46, 51, 69, 73, 76, 109, 119, 121, and 122 which have passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

I have the honor to transmit herewith HCR 1012 which has been adopted by the House and your concurrence is respectfully requested.

MOTIONS AND RESOLUTIONS

HCR 1012: A CONCURRENT RESOLUTION, Supporting the exploration and development of energy resources.

Was read the first time, the President waived the referral to committee, and placed HCR 1012 on the calendar of Tuesday, March 3, the 31^st legislative day.

CONSIDERATION OF REPORTS OF COMMITTEE

Sen. Knudson moved that the reports of the Standing Committee on

State Affairs on HB 1112 as found on page 550 of the Senate Journal ; also

State Affairs on HB 1177 as found on page 549 of the Senate Journal be adopted.

CONSIDERATION OF REPORT OF JOINT-SELECT COMMITTEE

Sen. Knudson moved that the report of the Joint-Select Committee relative to arranging legislative days for the 84^th Legislative Session as found on page 573 of the Senate Journal be adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Knudson requested that HB 1255 be removed from the Consent Calendar.

HB 1050: FOR AN ACT ENTITLED, An Act to revise the annual financial reporting requirements of insurance companies.

Was read the second time.

The question being "Shall HB 1050 pass as amended?"

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Vehle

Excused:
Bradford; Turbak Berry

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1148: FOR AN ACT ENTITLED, An Act to clarify requirements for employment of a city engineer.

The question being "Shall HB 1148 pass?"

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Bradford; Turbak Berry

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1214: FOR AN ACT ENTITLED, An Act to remove certain speed restrictions for certain vehicles hauling agricultural products or livestock.

Was read the second time.

The question being "Shall HB 1214 pass?"

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Bradford; Turbak Berry

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Sen. Knudson moved that HB 1215 be deferred to Friday, March 6, the 34^th legislative day.

Sen. Knudson moved that HB 1118 be deferred to Tuesday, March 3, the 31^st legislative day.

HB 1024: FOR AN ACT ENTITLED, An Act to authorize the Department of Transportation to regulate the operation of off-road vehicles in certain state highway ditches.

The question being "Shall HB 1024 pass as amended?"

Yeas 27, Nays 7, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Dempster; Fryslie; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Tieszen; Vehle

Nays:
Bradford; Brown; Gant; Kloucek; Peterson; Rhoden; Schmidt

Excused:
Turbak Berry

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1090: FOR AN ACT ENTITLED, An Act to prohibit the possession of Salvia divinorum or salvinorin A and to declare an emergency.

The question being "Shall HB 1090 pass as amended?"

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Vehle

So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

HB 1159: FOR AN ACT ENTITLED, An Act to provide for the adjustment of prices in certain public contracts.

Sen. Adelstein moved that HB 1159 be further amended as follows:

1159xa

On page 1, line 8, of the House Commerce Committee engrossed bill, delete "not".

Which motion lost.

The question being "Shall HB 1159 pass as amended?"

Yeas 19, Nays 15, Excused 1, Absent 0

Yeas:
Bartling; Brown; Dempster; Fryslie; Gant; Gillespie; Hansen (Tom); Hanson (Gary); Haverly; Howie; Hunhoff (Jean); Knudson; Miles; Nelson; Novstrup (Al); Rhoden; Schmidt; Tieszen; Vehle

Nays:
Abdallah; Adelstein; Ahlers; Bradford; Garnos; Gray; Heidepriem; Hundstad; Jerstad; Kloucek; Maher; Merchant; Nesselhuf; Olson (Russell); Peterson

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1184: FOR AN ACT ENTITLED, An Act to clarify provisions dealing with the initiative process.

Sen. Kloucek moved that HB 1184 be further amended as follows:

1184ta

On page 3, line 10, of the House engrossed bill, overstrike "seven" and insert " fifteen ".

On page 3, line 13, overstrike "fifteen" and insert " twenty-one ".

On page 3, line 14, overstrike "five" and insert " fifteen ".

On page 3, line 21, delete everything after "and" .

On page 3, line 22, delete " accompanied by ".

On page 3, line 22, delete " and " and insert " . The petition ".

On page 3, line 23, delete everything after "." .

On page 3, line 24, delete everything before " The " .

Sen. Kloucek requested a roll call vote.

Which request was supported.

The question being on Sen. Kloucek's motion that HB 1184 be further amended.

Yeas 16, Nays 18, Excused 1, Absent 0

Yeas:
Ahlers; Bartling; Bradford; Gillespie; Hanson (Gary); Haverly; Heidepriem; Hundstad; Jerstad; Kloucek; Maher; Merchant; Miles; Nesselhuf; Peterson; Vehle

Nays:
Abdallah; Adelstein; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Howie; Hunhoff (Jean); Knudson; Nelson; Novstrup (Al); Olson (Russell); Rhoden; Schmidt; Tieszen

So the motion not having received an affirmative vote of a majority of the members present, the President declared the motion lost.

The question being "Shall HB 1184 pass as amended?"

Yeas 25, Nays 9, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hunhoff (Jean); Jerstad; Knudson; Maher; Merchant; Miles; Nelson; Novstrup (Al); Olson (Russell); Schmidt; Tieszen; Vehle

Nays:
Ahlers; Bartling; Bradford; Gillespie; Hundstad; Kloucek; Nesselhuf; Peterson; Rhoden

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1228: FOR AN ACT ENTITLED, An Act to require mopeds used on public highways to be titled and licensed as a motorcycle and to increase license fees for motorcycles.

The question being "Shall HB 1228 pass?"

Yeas 14, Nays 20, Excused 1, Absent 0

Yeas:
Adelstein; Dempster; Fryslie; Gray; Hansen (Tom); Haverly; Howie; Knudson; Maher; Nelson; Rhoden; Schmidt; Tieszen; Vehle

Nays:
Abdallah; Ahlers; Bartling; Bradford; Brown; Gant; Garnos; Gillespie; Hanson (Gary); Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Merchant; Miles; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson

So the bill not having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill lost.

HB 1233: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the campaign finance reporting of the expenditures of certain organizations.

Sen. Gray moved that HB 1233 be deferred to Tuesday, March 3, the 31^st legislative day.

There being no objection, the Senate reverted to Order of Business No. 7.

MESSAGE FROM THE HOUSE