STATE OF UTAH SENATE JOURNAL FIFTH SPECIAL SESSION The Senate was called to order at 11:00 a.m., with President Al Mansell presiding. Prayer - Senator Carlene Walker Pledge of Allegiance - Senator Leonard Blackham Roll Call - All Senators present except Senators Suazo, Spencer, and Bramble excused. READING OF TITLES OF BILLS AND RESOLUTIONS (Please refer to Day 1, Page 5) COMMUNICATIONS FROM THE HOUSE Mr. President: July 9, 2002 The House passed, as amended, H.J.R. 501, RESOLUTION APPROVING FEDERAL - UTAH STATE TRUST LANDS CONSOLIDATION AGREEMENT, by Representative B. Johnson, with the following amendments: 1. Page 1, Line 7: After "approves the" delete ""2002 Federal - Utah State Trust Lands" 2. Page 1, Line 8: Delete "Consolidation Agreement"" and insert ""Agreement for Exchange of Lands, 2002 Federal - Utah State Trust Lands Consolidation"" 3. Page 1, Line 20: After "entitled" delete ""2002 Federal - Utah State Trust Lands Consolidation Agreement"" and insert ""Agreement for Exchange of Lands, 2002 Federal - Utah State Trust Lands Consolidation"" 4. Page 1, Line 26: After "approves the" delete ""2002 Federal - Utah State Trust Lands Consolidation Agreement"" and insert ""Agreement for Exchange of Lands, 2002 Federal - Utah State Trust Lands Consolidation"" and it is transmitted for consideration. Carole E. Peterson, Chief Clerk Communications filed. H. J.R. 501 were read the first time and referred to the Rules Committee. On motion of Senator Waddoups H.J.R. 501 was placed on the Second Reading Calendar. SECOND READING CALENDAR On motion of Senator Evans, under suspension of the rules, H.J.R. 501, RESOLUTION APPROVING FEDERAL-UTAH STATE TRUST LANDS CONSOLIDATION AGREEMENT, was considered read the second and third times and passed on the following roll call: Yeas, 21; Nays, 0; Absent, 8. Voting in the affirmative were: Senators E. Allen R. Allen Blackham Buttars Davis Dmitrich Eastman Evans Gladwell Hillyard Jenkins Julander Knudson Mayne Peterson Poulton Steele Waddoups Walker Wright Mansell Absent or not voting were: Senators Bramble Hale Hellewell Hickman Spencer Stephenson Suazo Valentine H.J.R. 501 was signed by the President of the Senate in open session and returned to the House. INTRODUCTION OF BILLS SURCHARGE ON TRAFFIC VIOLATIONS AMENDMENTS S.B. 5002 D. Chris Buttars THIS ACT MODIFIES THE DISPOSITION OF SPECIFIC AMOUNTS OF THE SURCHARGES IMPOSED ON FINES AND DEPOSITED INTO THE GENERAL FUND. THE ACT ADDS TO THE USES FOR WHICH AMOUNTS DEPOSITED TO THE CRIME VICTIM REPARATION FUND MAY BE APPLIED. THIS ACT TAKES EFFECT IMMEDIATELY, was read for the first time and referred to the Rules Committee. TRANSPORTATION FUND TRANSFERS S.B. 5003 Scott K. Jenkins THIS ACT MODIFIES THE TRANSPORTATION CODE TO AMEND THE AMOUNT OF TRANSFERS ALLOWED FROM THE TRANSPORTATION FUND TO OTHER AGENCIES. THIS ACT ALLOWS ADDITIONAL TRANSFERS FROM THE TRANSPORTATION FUND TO THE STATE TAX COMMISSION FOR COLLECTION COSTS NOT TO EXCEED 2.5% OF THE TOTAL ANNUAL TRANSPORTATION FUND REVENUE. THIS ACT EXCLUDES THE STATE TAX COMMISSION FROM THE $10.6 MILLION TRANSFER LIMITATION AND REDUCES THE LIMITATION TO $5.6 MILLION. THIS ACT CLARIFIES THAT REVENUES FOR THE MOTORCYCLE RIDER EDUCATION PROGRAM ARE EXCLUDED FROM THE TRANSFER LIMITATION, was read for the first time and referred to the Rules Committee. ELIMINATION OF ANNUAL LEAVE CONVERSION S.B. 5004 Beverly Ann Evans THIS ACT REPEALS CODE PROVISIONS RELATING TO STATE OFFICER AND EMPLOYEE BENEFITS. THIS ACT REPEALS CERTAIN PROVISIONS THAT AUTHORIZED CONVERSION OF ANNUAL LEAVE TO A DEFERRED COMPENSATION PLAN. THIS ACT HAS AN IMMEDIATE EFFECTIVE DATE, was read for the first time and referred to the Rules Committee. * * * On motion of Senator Waddoups, under suspension of the rules, S.B. 5002, S.B. 5003, and S.B. 5004 were placed on the Second Reading Calendar. SECOND READING CALENDAR On motion of Senator Buttars, under suspension of the rules, S.B. 5002, SURCHARGE ON TRAFFIC VIOLATIONS AMENDMENTS, was considered read the second and third times. Senator Buttars explained the bill. Senators Hillyard and Poulton commented. The bill passed on the following roll call: Yeas, 21; Nays, 0; Absent, 8. Voting in the affirmative were: Senators E. Allen R. Allen Blackham Buttars Davis Dmitrich Eastman Evans Gladwell Hillyard Jenkins Julander Knudson Mayne Peterson Poulton Steele Waddoups Walker Wright Mansell Absent or not voting were: Senators Bramble Hale Hellewell Hickman Spencer Stephenson Suazo Valentine S.B. 5002 was transmitted to the House. * * * On motion of Senator Jenkins, under suspension of the rules, S.B. 5003, TRANSPORTATION FUND TRANSFERS, was considered read the second and third times. Senator Jenkins explained the bill. Senators Waddoups and Peterson commented. The bill failed on the following roll call: Yeas, 10; Nays, 12; Absent, 7. Voting in the affirmative were: Senators Buttars Eastman Evans Gladwell Hillyard Jenkins Knudson Poulton Walker Wright Voting in the negative were: Senators E. Allen R. Allen Blackham Davis Dmitrich Julander Mayne Peterson Steele Valentine Waddoups Mansell Absent or not voting were: Senators Bramble Hale Hellewell Hickman Spencer Stephenson Suazo S.B. 5003 was filed. * * * On motion of Senator Evans, under suspension of the rules, S.B. 5004, ELIMINATION OF ANNUAL LEAVE CONVERSION, was considered read the second and third times. Senator Evans explained the bill. Senator Dmitrich commented. The bill passed on the following roll call: Yeas, 21; Nays, 0; Absent, 8. Voting in the affirmative were: Senators E. Allen R. Allen Buttars Davis Dmitrich Eastman Evans Gladwell Hellewell Hickman Jenkins Knudson Mayne Peterson Poulton Steele Valentine Waddoups Walker Wright Mansell Absent or not voting were: Senators Blackham Bramble Hale Hillyard Julander Spencer Stephenson Suazo S.B. 5004 was transmitted to the House. INTRODUCTION OF BILLS CAPITAL IMPROVEMENT AMENDMENTS S.B. 5005 Leonard M. Blackham THIS ACT AFFECTS THE PROCESS FOR CAPITAL DEVELOPMENTS AND CAPITAL IMPROVEMENTS BY ALLOWING THE LEGISLATURE TO REDUCE THE PERCENTAGE OF REPLACEMENT COSTS OF EXISTING STATE FACILITIES THAT MUST BE APPROPRIATED TO CAPITAL IMPROVEMENTS WHEN AN OPERATING DEFICIT EXISTS. THIS ACT TAKES EFFECT IMMEDIATELY, was read for the first time and referred to the Rules Committee. 2002 CAPITAL FACILITIES BONDING S.B. 5006 Beverly Ann Evans THIS ACT MODIFIES THE BONDING CODE BY AUTHORIZING THE ISSUANCE AND SALE OF ADDITIONAL GENERAL OBLIGATION BONDS BY THE STATE BONDING COMMISSION FOR ADDITIONAL CAPITAL FACILITIES AND BY ADOPTING INTENT LANGUAGE. THIS ACT TAKES EFFECT IMMEDIATELY, was read for the first time and referred to the Rules Committee. * * * On motion of Senator Waddoups, under suspension of the rules, S.B. 5005 and S.B. 5006 were placed on the Second Reading Calendar. SECOND READING CALENDAR On motion of Senator Blackham, under suspension of the rules, S.B. 5005, CAPITAL IMPROVEMENT AMENDMENTS, was considered read the second and third times. Senator Blackham explained the bill. The bill passed on the following roll call: Yeas, 20; Nays, 0; Absent, 9. Voting in the affirmative were: Senators R. Allen Blackham Buttars Dmitrich Eastman Evans Gladwell Hale Hellewell Hickman Jenkins Knudson Mayne Peterson Poulton Valentine Waddoups Walker Wright Mansell Absent or not voting were: Senators E. Allen Bramble Davis Hillyard Julander Spencer Steele Stephenson Suazo S.B. 5005 was transmitted to the House. * * * On motion of Senator Evans, under suspension of the rules, S.B. 5006, 2002 CAPITAL FACILITIES BONDING, was considered read the second and third times. Senator Evans explained the bill. Senator Ron Allen commented. The bill passed on the following roll call: Yeas, 19; Nays, 4; Absent, 6. Voting in the affirmative were: Senators E. Allen R. Allen Blackham Davis Dmitrich Eastman Evans Hale Hellewell Hickman Jenkins Knudson Mayne Peterson Poulton Valentine Waddoups Walker Mansell Voting in the negative were: Senators Buttars Gladwell Stephenson Wright Absent or not voting were: Senators Bramble Hillyard Julander Spencer Steele Suazo S.B. 5006 was transmitted to the House. On motion of Senator Poulton, and at 12:00 noon, the Senate recessed. AFTERNOON SESSION The Senate reassembled at 1:45 p.m., with President Mansell presiding. COMMUNICATIONS FROM THE GOVERNOR CERTIFICATION I, OLENE S. WALKER, LIEUTENANT GOVERNOR OF THE STATE OF UTAH, DO HEREBY CERTIFY THAT the attached copy of a Supplemental Proclamation issued under date of July 9th, 2002, and signed by Governor Michael O. Leavitt, is a true and correct copy of the original Supplemental Proclamation adding to the purposes of the Fifth Special Session of the Fifty-Fourth Legislature of the State of Utah at the State Capitol at Salt Lake City. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Utah. Done at the State Capitol in Salt Lake City, Utah, this 9th day of July, 2002. Olene S. Walker Lieutenant Governor SUPPLEMENTAL PROCLAMATION PURSUANT to Item 7 of the Proclamation issued June 19, 2002, calling the Legislature into special session, I add the following items to the agenda for the special session: 1. To clarify statutory authority for collecting DNA specimens. 2. To consider creating a task force to study revenue sources for water. 3. For the Senate to advise and consent to appointments made by the governor. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Utah. Done at the State Capitol in Salt Lake City, Utah, this 9th day of July, 2002. Michael O. Leavitt Governor COMMUNICATIONS FROM THE GOVERNOR Dear President Mansell and Members of the Senate: June 4, 2002 In accordance with Sections 67-1-1 and 2, Utah Code Annotated 1953, I propose and transmit the following appointments: JUDICIAL CONDUCT COMMISSION Rod Orton appointed as a member of the Judicial Conduct Commission for a term to expire June 30, 2006. Section 78-8-102, Utah Code Annotated 1953, as amended. Mr. Orton is a republican. Thank you for your timely consideration and confirmation of the above appointments. Michael O. Leavitt Governor COMMUNICATIONS FROM THE JUDICIAL CONFIRMATION COMMITTEE Mr. President: July 8, 2002 The Judicial Confirmation Committee recommends that the Senate confirm the appointment of Mr. Rodney K. Orton to the Judicial Conduct Commission. Chris Buttars, Chair Senator Buttars moved to consent to the appointment. Senators Hillyard and Waddoups commented. The motion passed on the following roll call: Yeas, 24; Nays, 0; Absent, 5. Voting in the affirmative were: Senators E. Allen R. Allen Buttars Davis Dmitrich Eastman Evans Gladwell Hale Hellewell Hickman Hillyard Jenkins Julander Mayne Peterson Poulton Steele Stephenson Valentine Waddoups Walker Wright Mansell Absent or not voting were: Senators Blackham Bramble Knudson Spencer Suazo INTRODUCTION OF BILLS EMERGENCY MEDICAL SERVICES SURCHARGE AMENDMENTS S.B. 5007 David H. Steele THIS ACT AMENDS THE EMERGENCY MEDICAL SERVICES SYSTEMS ACT. THE ACT AMENDS THE EMERGENCY MEDICAL SERVICES GRANT PROGRAM BY DELETING THE 6% CAP ON THE FUNDS THAT MAY BE USED FOR ADMINISTRATIVE COSTS. THIS ACT PROVIDES AN EFFECTIVE DATE, was read for the first time and referred to the Rules Committee. CIGARETTE TAX REVENUE DISTRIBUTION AMENDMENTS S.B. 5008 David H. Steele THIS ACT AMENDS THE REVENUE AND TAXATION CODE. THE ACT AMENDS THE DISTRIBUTION OF THE CIGARETTE TAX REVENUE DEPOSITED INTO THE CIGARETTE TAX RESTRICTED ACCOUNT FOR FISCAL YEAR 2002-03 ONLY. THE ACT SUNSETS ON JULY 1, 2003. THE ACT PROVIDES FOR RETROSPECTIVE OPERATION, was read for the first time and referred to the Rules Committee. STATUTORY AMENDMENTS FOR MEDICAID BUDGET REDUCTIONS S.B. 5009 David H. Steele THIS ACT MODIFIES THE HEALTH CODE AND THE PHARMACY PRACTICE ACT. THE ACT MAKES STATUTORY CHANGES TO IMPLEMENT BUDGET REDUCTIONS IN THE MEDICAID PROGRAM. THE ACT AMENDS THE STATE'S MEDICAID FREEDOM OF CHOICE WAIVER. THE ACT REMOVES THE MANDATE FOR THE STATE TO MOVE CERTAIN PEOPLE INTO MANAGED CARE PLANS. THIS ACT ESTABLISHES THAT IT IS AN ACCEPTABLE PRACTICE FOR A PHARMACIST IN A NURSING HOME OR INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED TO ACCEPT BACK OR REDISTRIBUTE UNUSED DRUGS IN CERTAIN CIRCUMSTANCES. THE ACT REQUIRES THE DEPARTMENT OF HEALTH TO REIMBURSE FOR THE USE OF GENERIC DRUGS WHEN GENERIC DRUGS ARE AVAILABLE. THE ACT HAS AN IMMEDIATE EFFECTIVE DATE, was read for the first time and referred to the Rules Committee. On motion of Senator Waddoups, under suspension of the rules, S.B. 5007, S.B. 5008, and S.B. 5009 were placed on the Second Reading Calendar. COMMUNICATIONS FROM THE HOUSE Mr. President: July 9, 2002 The House passed, as amended, H.J.R. 502, RESOLUTION CLOSING DISTRICT COURT IN ROY, by Representative A. L. Tyler, with the following amendment: Page 1. Line 22: after "effect" insert "no earlier than January 1, 2003" and it is transmitted for consideration; and The House passed H.B. 5005, REPEAL OF UNFUNDED CONSUMER HEARING PANEL, by Representative M. Throckmorton, and it is transmitted for consideration. Carole E. Peterson, Chief Clerk Communications filed. H.J.R. 502 and H.B. 5005 were read the first time and referred to the Rules Committee. On motion of Senator Waddoups, under suspension of the rules, H.J.R. 502 and H.B. 5005 were placed on the Second Reading Calendar. SECOND READING CALENDAR On motion of Senator Steele, under suspension of the rules, S.B. 5007, EMERGENCY MEDICAL SERVICES SURCHARGE AMENDMENTS, was considered read the second and third times. Senator Steele explained the bill. The bill passed on the following roll call: Yeas, 24; Nays, 0; Absent, 5. Voting in the affirmative were: Senators E. Allen R. Allen Buttars Davis Dmitrich Eastman Evans Gladwell Hale Hellewell Hickman Hillyard Jenkins Julander Mayne Peterson Poulton Steele Stephenson Valentine Waddoups Walker Wright Mansell Absent or not voting were: Senators Blackham Bramble Knudson Spencer Suazo S.B. 5007 was transmitted to the House. * * * S.B. 5008, CIGARETTE TAX REVENUE DISTRIBUTION AMENDMENTS, was read the second time. On motion of Senator Steele, the bill was circled. * * * On motion of Senator Steele, under suspension of the rules, S.B. 5009, STATUTORY AMENDMENTS FOR MEDICAID BUDGET REDUCTIONS, was considered read the second and third times. Senator Steele explained the bill. Senators Davis, Peterson. Ed Allen, and Valentine commented. The bill passed on the following roll call: Yeas, 24; Nays, 0; Absent, 5. Voting in the affirmative were: Senators E. Allen R. Allen Blackham Buttars Davis Dmitrich Eastman Evans Gladwell Hale Hellewell Hickman Jenkins Julander Mayne Peterson Poulton Steele Stephenson Valentine Waddoups Walker Wright Mansell Absent or not voting were: Senators Bramble Hillyard Knudson Spencer Suazo S.B. 5009 was transmitted to the House. COMMUNICATIONS FROM THE HOUSE Mr. President: July 9, 2002 The House passed H.B. 5007, EXTENSION OF BASIC SKILLS COMPETENCY TEST, by Representative M. Dillree, and it is transmitted for consideration; and The House passed H.B. 5008, CONSOLIDATION OF DIVISIONS OF MENTAL HEALTH AND SUBSTANCE ABUSE, by Representative J. Seitz, and it is transmitted for consideration. Carole E. Peterson, Chief Clerk Communications filed. H.B. 5007 and H.B. 5008 were read the first time and referred to the Rules Committee. On motion of Senator Waddoups, under suspension of the rules, H.B. 5007 and H.B. 5008 were placed on the Second Reading Calendar. SECOND READING CALENDAR On motion of Senator Jenkins, under suspension of the rules, H.J.R. 502 , RESOLUTION CLOSING DISTRICT COURT IN ROY, was considered read the second and third times and passed on the following roll call: Yeas, 23; Nays, 0; Absent, 6. Voting in the affirmative were: Senators E. Allen R. Allen Blackham Dmitrich Eastman Evans Gladwell Hale Hellewell Hickman Hillyard Jenkins Julander Mayne Peterson Poulton Steele Stephenson Valentine Waddoups Walker Wright Mansell Absent or not voting were: Senators Bramble Buttars Davis Knudson Spencer Suazo H.J.R. 502 was signed by the President of the Senate in open session and returned to the House. * * * H.B. 5005, REPEAL OF UNFUNDED CONSUMER HEARING PANEL, was read the second time. On motion of Senator Davis, the bill was circled. * * * On motion of Senator Stephenson, under suspension of the rules, H.B. 5007, EXTENSION OF BASIC SKILLS COMPETENCY TEST, was considered read the second and third times and passed on the following roll call: Yeas, 23; Nays, 0; Absent, 6. Voting in the affirmative were: Senators E. Allen R. Allen Blackham Buttars Davis Dmitrich Eastman Gladwell Hale Hellewell Hillyard Jenkins Julander Mayne Peterson Poulton Steele Stephenson Valentine Waddoups Walker Wright Mansell Absent or not voting were: Senators Bramble Evans Hickman Knudson Spencer Suazo H.B. 5007 was signed by the President of the Senate in open session and returned to the House. INTRODUCTION OF BILLS MINIMUM SCHOOL PROGRAM AMENDMENTS S.B. 5010 Howard A. Stephenson THIS ACT MODIFIES PROVISIONS RELATED TO THE STATE SYSTEM OF PUBLIC EDUCATION BY MODIFYING THE STATE CONTRIBUTIONS FOR THE SUPPORT OF PUBLIC SCHOOLS IN FISCAL YEAR 2002-03. THIS ACT REQUIRES SCHOOL DISTRICTS TO CERTIFY CERTAIN INFORMATION TO THE STATE BOARD OF EDUCATION PRIOR TO RECEIVING THE INCREASED VALUE OF THE WEIGHTED PUPIL UNIT FOR FISCAL YEAR 2002-03. THIS ACT HAS AN IMMEDIATE EFFECTIVE DATE, was read for the first time and referred to the Rules Committee. On motion of Senator Waddoups, under suspension of the rules, S.B. 5010 was placed on the Second Reading Calendar. SECOND READING CALENDAR On motion of Senator Blackham, under suspension of the rules, H.B. 5008, CONSOLIDATION OF DIVISIONS OF MENTAL HEALTH AND SUBSTANCE ABUSE, was considered read the second and third times and passed on the following roll call: Yeas, 17; Nays, 8; Absent, 4. Voting in the affirmative were: Senators Blackham Buttars Eastman Evans Gladwell Hellewell Hickman Hillyard Jenkins Poulton Steele Stephenson Valentine Waddoups Walker Wright Mansell Voting in the negative were: Senators E. Allen R. Allen Davis Dmitrich Hale Julander Mayne Peterson Absent or not voting were: Senators Bramble Knudson Spencer Suazo H.B. 5008 was signed by the President of the Senate in open session and returned to the House. * * * On motion of Senator Davis, the circle was removed from H.B. 5005, REPEAL OF UNFUNDED CONSUMER HEARING PANEL, and it was before the Senate. On motion of Senator Davis, under suspension of the rules, H.B. 5005, REPEAL OF UNFUNDED CONSUMER HEARING PANEL, was considered read the second and third times and passed on the following roll call: Yeas, 24; Nays, 0; Absent, 5. Voting in the affirmative were: Senators E. Allen R. Allen Buttars Davis Dmitrich Eastman Evans Gladwell Hale Hellewell Hickman Hillyard Jenkins Julander Mayne Peterson Poulton Steele Stephenson Valentine Waddoups Walker Wright Mansell Absent or not voting were: Senators Blackham Bramble Knudson Spencer Suazo H.B. 5005 was signed by the President of the Senate in open session and returned to the House. * * * On motion of Senator Stephenson, under suspension of the rules, S.B. 5010, MINIMUM SCHOOL PROGRAM AMENDMENTS, was considered read the second and third times. Senator Stephenson explained the bill. Senators Evans, Ron Allen, Hale, Hillyard, Steele, Poulton, Ed Allen, Dmitrich, Mansell, and Walker commented. On motion of Senator Stephenson, the bill was amended as follows: 1. Page 4, Line 93: After "sizes" add "." and delete "or directly reduce expenditures for classroom instruction." The bill passed on the following roll call: Yeas, 17; Nays, 8; Absent, 4. Voting in the affirmative were: Senators Blackham Buttars Eastman Evans Gladwell Hellewell Hickman Hillyard Jenkins Poulton Steele Stephenson Valentine Waddoups Walker Wright Mansell Voting in the negative were: Senators E. Allen R. Allen Davis Dmitrich Hale Julander Mayne Peterson Absent or not voting were: Senators Bramble Knudson Spencer Suazo S.B. 5010 was transmitted to the House. COMMUNICATIONS FROM THE HOUSE Mr. President: July 9, 2002 The House passed, S.B. 5001, CANVASS FOR PROVISIONAL BALLOT, by Senator J. Hickman, which has been signed by the Speaker and it is transmitted for the signature of the President; and The House passed, S.B. 5004, ELIMINATION OF ANNUAL LEAVE CONVERSION, by Senator B. Evans, which has been signed by the Speaker and it is transmitted for the signature of the President; and The House passed, S.B. 5005, CAPITAL IMPROVEMENT AMENDMENTS, by Senator L. Blackham, which has been signed by the Speaker and it is transmitted for the signature of the President. Carole E. Peterson, Chief Clerk S.B. 5001, S.B. 5004, and S.B. 5005 were signed by the President of the Senate in open session. The bills will be enrolled and transmitted to the Governor. Mr. President: July 9, 2002 The House passed, as substituted, 2nd Sub. H.B. 5004, SALARIES FOR LEGISLATORS AND CONSTITUTIONAL OFFICES, by Representative J. Murray, and it is transmitted for consideration. Carole E. Peterson, Chief Clerk Communications filed. 2nd Sub. H.B. 5004 was read the first time and referred to the Rules Committee. On motion of Senator Waddoups, under suspension of the rules, 2nd Sub. H.B. 5004 was placed on the Second Reading Calendar. On motion of Senator Poulton, and at 3:35 p.m., the Senate sauntered. The Senate was called to order at 5:50 p.m., with President Mansell presiding. COMMUNICATIONS FROM THE HOUSE Mr. President: July 9, 2002 The House passed, S.B. 5007, EMERGENCY MEDICAL SERVICES SURCHARGE AMENDMENTS, by Senator D. Steele, which has been signed by the Speaker and it is transmitted for the signature of the President; and The House passed, S.B. 5009, STATUTORY AMENDMENTS FOR MEDICAID BUDGET REDUCTIONS, by Senator D. Steele, which has been signed by the Speaker and it is transmitted for the signature of the President. Carole E. Peterson, Chief Clerk S.B. 5007 and S.B. 5009 were signed by the President of the Senate in open session. The bills will be enrolled and transmitted to the Governor. INTRODUCTION OF BILLS STATUTORY AMENDMENTS TO IMPLEMENT BUDGET CUTS S.B. 5011 Leonard M. Blackham THIS ACT MODIFIES THE BUDGETARY PROCEDURES ACT BY AUTHORIZING THE LEGISLATURE TO APPROPRIATE MONIES FROM A RESTRICTED ACCOUNT TO CURE AN OPERATING DEFICIT. THIS ACT EXPANDS THE USES OF THE STATEWIDE CONTINGENCY RESERVE AND CAPITAL PROJECTS RESERVE FUND TO ALLOW THEM TO BE SPENT FOR DFCM ADMINISTRATIVE COSTS. THIS ACT TAKES EFFECT IMMEDIATELY, was read for the first time and referred to the Rules Committee. GUBERNATORIAL AND LEGISLATIVE TASK FORCE ON ALTERNATIVE REVENUE SOURCES FOR WATER FUNDING S.B. 5012 Leonard M. Blackham THIS ACT CREATES THE GUBERNATORIAL AND LEGISLATIVE ALTERNATIVE REVENUE SOURCES FOR WATER FUNDING TASK FORCE. THE ACT PROVIDES FOR THE TASK FORCE MEMBERSHIP, TASK FORCE CHAIRS, COMPENSATION OF TASK FORCE MEMBERS, VOTING, STAFF SUPPORT, TASK FORCE DUTIES AND RESPONSIBILITIES, AND TASK FORCE REPORTING RESPONSIBILITIES. THE ACT APPROPRIATES $17,700 FROM THE GENERAL FUND FOR FISCAL YEAR 2002-03. THE ACT PROVIDES AN IMMEDIATE EFFECTIVE DATE. THE ACT IS REPEALED NOVEMBER 30, 2003, was read for the first time and referred to the Rules Committee. On motion of Senator Waddoups, under suspension of the rules, S.B. 5011 and S.B. 5012 will be placed on the Second Reading Calendar. SECOND READING CALENDAR 2nd Sub. H.B. 5004, SALARIES FOR LEGISLATORS AND CONSTITUTIONAL OFFICERS, was read the second time. Senators Hillyard and Blackham commented. On motion of Senator Knudson, the following substitute bill replaced the original bill. SALARIES FOR LEGISLATORS 3rd Sub. H.B. 5004 THIS ACT MODIFIES STATUES GOVERNING SALARIES FOR THE LEGISLATURE BY REDUCING LEGISLATIVE SALARIES TO 2000 LEVELS FROM JULY 1, 2002 THROUGH DECEMBER 31, 2002, AND BY DIRECTING THAT THE RESULTING SAVINGS BE DEPOSITED INTO THE GENERAL FUND. THIS ACT TAKES EFFECT IMMEDIATELY AND HAS RETROSPECTIVE OPERATION TO JULY 1, 2002. On motion of Senator Knudson, under suspension of the rules, 3rd Sub. H.B. 5004, SALARIES FOR LEGISLATORS, was considered read the second and third times and passed on the following roll call: Yeas, 26; Nays, 0; Absent, 3. Voting in the affirmative were: Senators E. Allen R. Allen Blackham Buttars Davis Dmitrich Eastman Evans Gladwell Hale Hellewell Hickman Hillyard Jenkins Julander Knudson Mayne Peterson Poulton Steele Stephenson Valentine Waddoups Walker Wright Mansell Absent or not voting were: Senators Bramble Spencer Suazo 3rd Sub. H.B. 5004, as substituted, was returned to the House. * * * On motion of Senator Blackham, the Senate voted to reconsider its action on S.B. 5003. On motion of Senator Jenkins, the following substitute bill replaced the original bill. TRANSPORTATION FUND TRANSFERS 1st Sub. S.B. 5003 THIS ACT MODIFIES THE TRANSPORTATION CODE TO AMEND THE AMOUNT OF TRANSFERS ALLOWED FROM THE TRANSPORTATION FUND TO OTHER AGENCIES FROM $10.6 MILLION TO $11. 6 MILLION. THIS ACT CLARIFIES THAT REVENUES FOR THE MOTORCYCLE RIDER EDUCATION PROGRAM ARE EXCLUDED FROM THE TRANSFER LIMITATION. On motion of Senator Jenkins, under suspension of the rules, 1st Sub. S.B. 5003, TRANSPORTATION FUND TRANSFERS, was considered read the second and third times. The bill passed on the following roll call: Yeas, 25; Nays, 1; Absent, 3. Voting in the affirmative were: Senators E. Allen R. Allen Blackham Buttars Davis Dmitrich Eastman Evans Gladwell Hale Hellewell Hickman Hillyard Jenkins Julander Knudson Mayne Peterson Poulton Steele Valentine Waddoups Walker Wright Mansell Voting in the negative was: Senator Stephenson Absent or not voting were: Senators Bramble Spencer Suazo 1st Sub. S.B. 5003, as substituted, was transmitted to the House. COMMUNICATIONS FROM THE HOUSE Mr. President: March 9, 2002 The House substituted and passed, 1st Sub. S.B. 5006, 2002 CAPITAL FACILITIES BONDING, by Senator B. Evans, and it is transmitted for further consideration. Carole E. Peterson, Chief Clerk On motion of Senator Evans, the Senate voted to concur in the House amendments to 1st Sub. S.B. 5006, CAPITAL FACILITIES BONDING. The bill, as amended, passed on the following roll call: Yeas, 22; Nays, 4; Absent, 3. Voting in the affirmative were: Senators E. Allen R. Allen Blackham Buttars Davis Dmitrich Eastman Evans Gladwell Hale Hellewell Hickman Jenkins Julander Knudson Mayne Peterson Poulton Valentine Waddoups Walker Mansell Voting in the negative were: Senators Hillyard Steele Stephenson Wright Absent or not voting were: Senators Bramble Spencer Suazo 1st Sub. S.B. 5006 was returned to the House. INTRODUCTION OF BILLS HIGHER EDUCATION BUDGET AUTHORITY S.B. 5013 Lyle W. Hillyard THIS ACT MODIFIES THE STATE SYSTEM OF HIGHER EDUCATION CODE BY AUTHORIZING THE PRESIDENTS OF INSTITUTIONS OF HIGHER EDUCATION AND THE STATE BOARD OF REGENTS TO REALLOCATE DESIGNATED APPROPRIATIONS BETWEEN LINE ITEMS. THIS ACT HAS AN IMMEDIATE EFFECTIVE DATE, was read for the first time and referred to the Rules Committee. On motion of Senator Waddoups, under suspension of the rules, S.B. 5013 was placed on the Second Reading Calendar. SECOND READING CALENDAR On motion of Senator Blackham, under suspension of the rules, S.B. 5011, STATUTORY AMENDMENTS TO IMPLEMENT BUDGET CUTS, was considered read the second and third times. Senator Blackham explained the bill. On motion of Senator Blackham, the bill was amended as follows: 1. Page 1, Line 22: After "exixts" insert "unless prohibited by federal law or court order." Senators Valentine, Jenkins, and Dmitrich commented. The bill passed on the following roll call: Yeas, 25; Nays, 0; Absent, 4. Voting in the affirmative were: Senators E. Allen R. Allen Blackham Buttars Davis Dmitrich Eastman Evans Gladwell Hale Hellewell Hickman Hillyard Jenkins Julander Knudson Mayne Peterson Steele Stephenson Valentine Waddoups Walker Wright Mansell Absent or not voting were: Senators Bramble Poulton Spencer Suazo S.B. 5011 as amended, was transmitted to the House. * * * On motion of Senator Blackham, under suspension of the rules, S.B. 5012, GUBERNATORIAL AND LEGISLATIVE TASK FORCE ON ALTERNATIVE REVENUE SOURCES FOR WATER FUNDING, was considered read the second and third times. Senator Blackham explained the bill. Senator Hickman commented. The bill passed on the following roll call: Yeas, 24; Nays, 1; Absent, 4. Voting in the affirmative were: Senators E. Allen R. Allen Blackham Buttars Davis Dmitrich Eastman Evans Gladwell Hale Hellewell Hickman Hillyard Jenkins Julander Knudson Mayne Peterson Steele Stephenson Valentine Waddoups Walker Mansell Voting in the negative was: Senator Wright Absent or not voting were: Senators Bramble Poulton Spencer Suazo S.B. 5012 was transmitted to the House. * * * On motion of Senator Hillyard, under suspension of the rules, S.B. 5013, HIGHER EDUCATION BUDGET AUTHORITY, was considered read the second and third times. Senator Hillyard explained the bill. Senators Hickman, Steele, and Blackham commented. The bill passed on the following roll call: Yeas, 23; Nays, 2; Absent, 4. Voting in the affirmative were: Senators E. Allen R. Allen Buttars Davis Dmitrich Eastman Evans Gladwell Hale Hellewell Hillyard Jenkins Julander Knudson Mayne Peterson Poulton Steele Stephenson Valentine Waddoups Walker Wright Voting in the negative were: Senators Blackham Mansell Absent or not voting were: Senators Bramble Hickman Spencer Suazo S.B. 5013 was transmitted to the House. * * * On motion of Senator Valentine, and at 6:30, the Senate sauntered. The Senate was called to order at 8:40 p.m., with President Mansell presiding. COMMUNICATIONS FROM THE HOUSE Mr. President: July 9, 2002 The Speaker of the House has signed 1st Sub. S.B. 5006, 2002 CAPITAL FACILITIES BONDING, by Senator B. Evans, and it is transmitted for the signature of the President. Carole E. Peterson, Chief Clerk 1st Sub. S.B. 5006 was signed by the President of the Senate in open session. The bill will be enrolled and transmitted to the Governor. Mr. President: July 9, 2002 The House passed, as amended, H.B. 5014, APPROPRIATION TO GENERAL FUND FROM PERMANENT STATE TRUST FUND, by Representative J. Alexander, with the following amendments: 1. Page 1, Line 6: Delete "$17,000,000" and insert "$17,800,000" 2. Page 1, Line 12: Delete "$17,000,000" and insert "$17,800,000" and it is transmitted for consideration; and The House passed H.B. 5015, CORRECTIONS - PROCEDURES AND FEES, by Representative G. Way, and it is transmitted for consideration. Carole E. Peterson, Chief Clerk Communications filed. H.B. 5014 and H.B. 5015 were read the first time and referred to the Rules Committee. On motion of Senator Waddoups, under suspension of the rules, H.B. 5014 and H.B. 5015 were placed on the Second Reading Calendar. Mr. President: July 9, 2002 The House passed, as amended, S.B. 5010, MINIMUM SCHOOL PROGRAM AMENDMENTS, by Senator H. Stephenson, with the following amendments: 1. Page 1, Lines 6 - 8: Delete "This act requires school districts to certify certain information to the State Board of Education prior to receiving the increased value of the weighted pupil unit for fiscal year 2002-03." 2. Page 1, Line 14: Delete line 14 3. Page 1, Line 19: Delete "$1,586,482,794" and insert "$1,581,482,794" 4. Page 3, Line 68: Delete "$1,586,482,794" and insert "$1,581,482,794" 5. Pages 3 and 4, Lines 88 - 94,: Delete Lines 88 - 94 and renumber remaining section and it is transmitted for further consideration. Carole E. Peterson, Chief Clerk On motion of Senator Stephenson, the Senate refused to concur in the House amendments. S.B. 5010 was returned to the House. SECOND READING CALENDAR On motion of Senator Blackham, under suspension of the rules, H.B. 5014, APPROPRIATION TO GENERAL FUND FROM PERMANENT STATE TRUST FUND, was considered read the second time. Senator Buttars commented. On motion of Senator Buttars, the bill was circled. * * * On motion of Senator Stephenson, under suspension of the rules, H.B. 5015, CORRECTIONS - PROCEDURES AND FEES, was considered read the second and third times and passed on the following roll call: Yeas, 26; Nays, 0; Absent, 3. Voting in the affirmative were: Senators E. Allen R. Allen Blackham Buttars Davis Dmitrich Eastman Evans Gladwell Hale Hellewell Hickman Hillyard Jenkins Julander Knudson Mayne Peterson Poulton Steele Stephenson Valentine Waddoups Walker Wright Mansell Absent or not voting were: Senators Bramble Spencer Suazo H.B. 5015 was signed by the President of the Senate in open session and returned to the House. COMMUNICATIONS FROM THE HOUSE Mr. President: July 9, 2002 The House concurred in the Senate amendments and passed 3rd Sub. H.B. 5004, SALARIES FOR LEGISLATORS, by Representative J. Murray, and it is transmitted for the signature of the President. Carole E. Peterson, Chief Clerk 3rd Sub. H.B. 5004 were signed by the President of the Senate in open session. The bills will be enrolled and transmitted to the Governor. * * * On motion of Senator Poulton, and at 9:00 p.m., the Senate sauntered. The Senate was called to order at 10:40 p.m., with President Mansell presiding. COMMUNICATIONS FROM THE HOUSE Mr. President: July 9, 2002 The House passed, S.B. 5002, SURCHARGE ON TRAFFIC VIOLATIONS AMENDMENTS, by Senator D. C. Buttars, which has been signed by the Speaker and it is transmitted for the signature of the President. Carole E. Peterson, Chief Clerk S.B. 5002 were signed by the President of the Senate in open session. The bills will be enrolled and transmitted to the Governor. Mr. President: July 9, 2002 The House refuses to recede from its amendments to S.B. 5010, MINIMUM SCHOOL PROGRAM AMENDMENTS, by Senator H. Stephenson, and has appointed a Conference Committee consisting of Representative M. Dillree, Representative P. Arent, and Representative B. King to meet with a like committee from the Senate on this bill. Carole E. Peterson, Chief Clerk A conference committee consisting of Senators Stephenson, Poulton, and Hale was appointed to meet with a like committee from the House. SECOND READING CALENDAR On motion of Senator Blackham, the circle was removed from H.B. 5014, APPROPRIATION TO GENERAL FUND FROM PERMANENT STATE TRUST FUND, and it was before the Senate. On motion of Senator Blackham, under suspension of the rules, H.B. 5014, APPROPRIATION TO GENERAL FUND FROM PERMANENT STATE TRUST FUND,, was considered read the second and third times and passed on the following roll call: Yeas, 25; Nays, 1; Absent, 3. Voting in the affirmative were: Senators E. Allen R. Allen Blackham Buttars Davis Dmitrich Eastman Evans Gladwell Hale Hellewell Hickman Hillyard Jenkins Julander Knudson Mayne Peterson Poulton Steele Valentine Waddoups Walker Wright Mansell Voting in the negative was: Senator Stephenson Absent or not voting were: Senators Bramble Spencer Suazo H.B. 5014 was signed by the President of the Senate in open session and returned to the House. * * * Mr. President: July 9, 2002 The House requests the return of S.B. 5004, ELIMINATION OF ANNUAL LEAVE CONVERSION, by Senator B. Evans, for reconsideration. Carole E. Peterson, Chief Clerk On motion of Senator Knudson, the Senate voted to return S.B. 5004 to the House. COMMUNICATIONS FROM THE HOUSE Mr. President: July 9, 2002 The House passed, as amended, S.B. 5012, GUBERNATORIAL AND LEGISLATIVE TASK FORCE ON ALTERNATIVE REVENUE SOURCES FOR WATER FUNDING, by Senator L. Blackham, with the following amendments: 1. Page 1, Line 24: Delete "Legislature" and insert "Senate" and after "of the Senate" delete "and" and insert "; (d) one member of the House of Representatives appointed by" Renumber remaining sections accordingly and it is transmitted for further consideration. Carole E. Peterson, Chief Clerk On motion of Senator Blackham, the Senate voted to concur in the House amendments to S.B. 5012, GUBERNATORIAL AND LEGISLATIVE TASK FORCE ON ALTERNATIVE REVENUE SOURCES FOR WATER FUNDING. The bill, as amended, passed on the following roll call: Yeas, 26; Nays, 0; Absent, 3. Voting in the affirmative were: Senators E. Allen R. Allen Blackham Buttars Davis Dmitrich Eastman Evans Gladwell Hale Hellewell Hickman Hillyard Jenkins Julander Knudson Mayne Peterson Poulton Steele Stephenson Valentine Waddoups Walker Wright Mansell Absent or not voting were: Senators Bramble Spencer Suazo S.B. 5012 was returned to the House. Mr. President: March 9, 2002 The House passed, as amended, H.B. 5009, SUPPLEMENTAL APPROPRIATIONS ACT IV, by Representative J. Alexander, with the following amendments: 1. Page 2, Line 47: After line 47 insert: "ITEM 9 To Governor's Office - Commission on Criminal and Juvenile Justice From General Fund (1,508,400) From Crime Victims' Reparations Trust Fund 1,508,400" Renumber remaining items accordingly. 2. Page 2, Line 61: Delete "(3,474,400)" and insert "(2,674,400)" 3. Page 2, Line 64: Delete LIne 64 4. Pages 11-12, Lines 426-444: Delete lines 426-444 5. Page 12, Line 467: After "From General Fund" delete "(608,500)" and insert "(658,500)" 6. Page 12, Line 469: After line 469 insert: "Developmental Disability and Mental Retardation Waiver (50,000)" 7. Page 14, Line 514: After "From General Fund" delete "(1,005,400)" and insert "20,640,900" 8. Page 14, Line 514: After line 514 insert: "From Income Tax Revenue (21,646,300)" 9. Page 14, Line 546: After "From General Fund" delete "(542,000)" and insert "18,542,600" 10. Page 14, Line 546: After line 546 insert: "From Income Tax Revenue (19,084,600)" 11. Page 15, Line 585: After "From General Fund" delete "(313,200)" and insert "10,140,500" 12. Page 15, Line 585: After line 585 insert: "From Income Tax Revenue (10,453,700)" 13. Page 16, Line 594: After "From General Fund" delete "(148,000)" and insert "4,498,700" 14. Page 16, Line 594: After line 594 insert: "From Income Tax Revenue (4,646,700)" 15. Page 16, Line 607: After "From General Fund" delete "(68,400)" and insert "1,652,400" 16. Page 16, Line 607: After line 607 insert: "From Income Tax Revenue (1,720,800)" 17. Page 16, Line 620: After "From General Fund" delete "(90,700)" and insert "2,542,100" 18. Page 16, Line 620: After line 620 insert: "From Income Tax Revenue (2,632,800)" 19. Page 16, Line 633: After "From General Fund" delete "(226,700)" and insert "9,074,900" 20. Page 16, Line 633: After line 633 insert: "From Income Tax Revenue (9,301,600)" 21. Page 17, Line 642: After "From General Fund" delete "(282,800)" and insert "11,679,100" 22. Page 17, Line 642: After line 642 insert: 23. Page 17, Line 652: After line 652 insert: "COLLEGE OF EASTERN UTAH ITEM 110 To College of Eastern Utah - Education and General From General Fund 1,953,900 From Income Tax Revenue (1,953,900)" Renumber remaining items accordingly. 24. Page 20, Line767: After line 767 insert: "From Federal Funds $700,000" 25. Page 20, Line 770: After "Planning and Project Services" delete "$1,835,000" and insert "$2,535, 000" 26. Page 20, Line 771: After line 771 insert: "It is the intent of the Legislature that the State Office of Education use $500, 000 of appropriated state funds to support a District Online Testing Pilot Program." and it is transmitted for consideration. Carole E. Peterson, Chief Clerk Communications filed. H.B. 5009 were read the first time and referred to the Rules Committee. On motion of Senator Waddoups, under suspension of the rules, H.B. 5009 was placed on the Second Reading Calendar SECOND READING CALENDAR On motion of Senator Blackham, under suspension of the rules, H.B. 5009, SUPPLEMENTAL APPROPRIATIONS ACT IV, was considered read the second and third times. Senator Steele commented. Senator Steele declared a conflict of interest. On motion of Senator Stephenson, the bill was amended as follows: 1. Page 20, Line 771 Amendment #26 Lilac Copy dated July 9, 2002: After line 771 insert the following underlined language as amendments: ""It is the intent of the Legislature that the State Office of Education use up to $500,000 of appropriated state funds to support a District Online Testing Pilot Program until federal funds become available." The bill passed on the following roll call: Yeas, 18; Nays, 8; Absent, 3. Voting in the affirmative were: Senators Blackham Buttars Eastman Evans Gladwell Hellewell Hickman Hillyard Jenkins Knudson Poulton Steele Stephenson Valentine Waddoups Walker Wright Mansell Voting in the negative were: Senators E. Allen R. Allen Davis Dmitrich Hale Julander Mayne Peterson Absent or not voting were: Senators Bramble Spencer Suazo H.B. 5009as amended, was returned to the House. COMMUNICATIONS FROM THE HOUSE Mr. President: July 9, 2002 The House passed, 1st Sub. S.B. 5003, TRANSPORTATION FUND TRANSFERS, by Senator S. Jenkins, which has been signed by the Speaker and it is transmitted for the signature of the President; and The House passed, S.B. 5011, STATUTORY AMENDMENTS TO IMPLEMENT BUDGET CUTS, by Senator L. Blackham, which has been signed by the Speaker and it is transmitted for the signature of the President; and The House passed, S.B. 5013, HIGHER EDUCATION BUDGET AUTHORITY, by Senator L. Hillyard, which has been signed by the Speaker and it is transmitted for the signature of the President. Carole E. Peterson, Chief Clerk 1st Sub. S.B. 5003, S.B. 5011 and S.B. 5013 were signed by the President of the Senate in open session. The bills will be enrolled and transmitted to the Governor. Mr. President: July 9, 2002 The House adopted the Joint Conference Committee Report dated July 9, 2002, and passed 1st Sub. S.B. 5010, MINIMUM SCHOOL PROGRAM AMENDMENTS, by Senator H. Stephenson, and it is transmitted for further consideration. JOINT CONFERENCE COMMITTEE REPORT Mr. President: July 9, 2002 The Joint Conference Committee comprised of Sens. Stephenson, Poulton, and Hale, and Reps. Dillree, Ferrin, and King, recommends S.B. 5010, MINIMUM SCHOOL PROGRAM AMENDMENTS, by Senator H. Stephenson, be replaced and favorably recommends 1st Sub. S.B. 5010 MINIMUM SCHOOL PROGRAM AMENDMENTS. Sen. Stephenson, Senate Chair Rep. Dillree, House Chair On motion of Senator Stephenson, the Senate voted to concur in the House substitution to 1st Sub. S.B. 5010, MINIMUM SCHOOL PROGRAM AMENDMENTS. The bill, as substituted, passed on the following roll call: Yeas, 18; Nays, 8; Absent, 3. Voting in the affirmative were: Senators Blackham Buttars Eastman Evans Gladwell Hellewell Hickman Hillyard Jenkins Knudson Poulton Steele Stephenson Valentine Waddoups Walker Wright Mansell Voting in the negative were: Senators E. Allen R. Allen Davis Dmitrich Hale Julander Mayne Peterson Absent or not voting were: Senators Bramble Spencer Suazo 1st Sub. S.B. 5010 was returned to the House. * * * Senator Ed Allen requested leave of the body to change his vote from "yes" to "no" on H.B. 5009. On voice vote of the body, the vote was allowed to be changed. * * * Mr. President: July 9, 2002 The House substituted, amended, and passed, 1st Sub. S.B. 5004, ANNUAL LEAVE CONVERSION, by Senator B. Evans, with the following amendment: 1. Page 1, Line 16: After "authorizes" insert "and fully funds the estimated costs of" and it is transmitted for further consideration. Carole E. Peterson, Chief Clerk On motion of Senator Evans, the Senate voted to concur in the House amendments to 1st Sub. S.B. 5004, ANNUAL LEAVE CONVERSION. The bill, as amended, passed on the following roll call: Yeas, 22; Nays, 3; Absent, 4. Voting in the affirmative were: Senators R. Allen Blackham Buttars Davis Dmitrich Eastman Evans Gladwell Hale Hellewell Hickman Jenkins Julander Knudson Mayne Peterson Poulton Valentine Waddoups Walker Wright Mansell Voting in the negative were: Senators E. Allen Steele Stephenson Absent or not voting were: Senators Bramble Hillyard Spencer Suazo 1st Sub. S.B. 5004 was returned to the House. * * * Mr. President: July 9, 2002 The Speaker of the House has signed 1st Sub. S.B. 5004, ANNUAL LEAVE CONVERSION, by Senator B. Evans, and it is transmitted for the signature of the President; and The Speaker of the House has signed 1st Sub. S.B. 5010, MINIMUM SCHOOL PROGRAM AMENDMENTS, by Senator H. Stephenson, and it is transmitted for the signature of the President; and The Speaker of the House has signed S.B. 5012, GUBERNATORIAL AND LEGISLATIVE TASK FORCE ON ALTERNATIVE REVENUE SOURCES FOR WATER FUNDING, by Senator L. Blackham, and it is transmitted for the signature of the President. Carole E. Peterson, Chief Clerk 1st Sub. S.B. 5004, 1st Sub. S.B. 5010, and S.B. 5012 were signed by the President of the Senate in open session. The bills will be enrolled and transmitted to the Governor. * * * Mr. President: July 9, 2002 The House concurred in the Senate amendments and passed H.B. 5009, SUPPLEMENTAL APPROPRIATIONS ACT IV, by Representative J. Alexander, and it is transmitted for the signature of the President. Carole E. Peterson, Chief Clerk H.B. 5009 was signed by the President of the Senate in open session. The bills will be enrolled and transmitted to the Governor. * * * President Mansell appointed Senators Carlene Walker, Bill Wright, and Ed Allen to wait upon the Governor and ask if he has any further business to bring before the Senate. President Mansell appointed Senators David Steele, Lyle Hillyard, and Millie Peterson to notify the House of Representatives that the Senate has concluded its business and is ready to adjourn sine die. Senator Walker reported that the Governor has been notified. Senator Steele reported that the House has been notified. On motion of Senator Poulton, and at 11:50 p.m., the Fifth Special Session of the Fifty-Fourth Legislature adjourned sine die. INDEX H.B. 5001 -- TECHNICAL AMENDMENTS TO ADULT PROTECTIVE SERVICES AMENDMENTS (P. Jones) Read for the first time and referred to the Rules Committee 6 Placed on calendar 6 Read the second and third time 6 Signed by the President and returned to the House 6 1st Sub. H.B. 5002 -- COURT RECORDS OF DRIVING UNDER THE INFLUENCE CASES (A. L. Tyler) Read for the first time and referred to the Rules Committee 7 Placed on calendar 7 Read the second and third time 7 Signed by the President and returned to the House 7 H.B. 5003 -- LOCAL SPECIAL ELECTION AMENDMENTS (E. Anderson) Amendments 7 Read for the first time and referred to the Rules Committee 8 Placed on calendar 8 Read the second and third time 8 Signed by the President and returned to the House 8 2nd Sub. H.B. 5004 -- SALARIES FOR LEGISLATORS AND CONSTITUTIONAL OFFICES (J. Murray) Read for the first time and referred to the Rules Committee 26 Placed on calendar 26 Read the second time 27 Substituted 27 3rd Sub. H.B. 5004 -- SALARIES FOR LEGISLATORS (J. Murray) Read the second and third time 28 Returned to the House 28 Signed by the President and transmitted to the Governor 34 H.B. 5005 -- REPEAL OF UNFUNDED CONSUMER HEARING PANEL (M. Throckmorton) Read for the first time and referred to the Rules Committee 20 Placed on calendar 20 Read the second time 22 Circled 23 Uncircled 24 Read the second and third time 24 Signed by the President and returned to the House 25 H.B. 5007 -- EXTENSION OF BASIC SKILLS COMPETENCY TEST (M. Dillree) Read for the first time and referred to the Rules Committee 22 Placed on calendar 22 Read the second and third time 23 Signed by the President and returned to the House 23 H.B. 5008 -- CONSOLIDATION OF DIVISIONS OF MENTAL HEALTH AND SUBSTANCE ABUSE (J. Seitz) Read for the first time and referred to the Rules Committee 22 Placed on calendar 22 Read the second and third time 24 Signed by the President and returned to the House 24 H.B. 5009 -- SUPPLEMENTAL APPROPRIATIONS ACT IV (J. Alexander) Read for the first time and referred to the Rules Committee 39 Placed on calendar 39 Read the second and third time 40 Returned to the House 40 Signed by the President and transmitted to the Governor 43 H.B. 5014 -- APPROPRIATION TO GENERAL FUND FROM PERMANENT STATE TRUST FUND (J. Alexander) Read for the first time and referred to the Rules Committee 33 Placed on calendar 33 Read the second time 33 Uncircled 35 Read the second and third time 35 Substituted 34 Signed by the President and returned to the House 36 H.B. 5015 -- CORRECTIONS - PROCEDURES AND FEES (G. Way) Read for the first time and referred to the Rules Committee 33 Placed on calendar 33 Read the second and third time 34 Signed by the President and returned to the House 34 H.J.R. 501 -- RESOLUTION APPROVING FEDERAL - UTAH STATE TRUST LANDS CONSOLIDATION AGREEMENT (B. Johnson) Amendments 11 Read for the first time and referred to the Rules Committee 11 Placed on calendar 12 Read the second and third time 12 Signed by the President and returned to the House 12 H.J.R. 502 -- RESOLUTION CLOSING DISTRICT COURT IN ROY (A. L. Tyler) Read for the first time and referred to the Rules Committee 20 Placed on calendar 20 Read the second and third time 22 Signed by the President and returned to the House 22 S.B. 5001 -- CANVASS FOR PROVISIONAL BALLOT (J. Hickman) Read for the first time and referred to the Rules Committee 5 Placed on calendar 5 Read the second and third time 5 Transmitted to the House 6 Signed by the President and transmitted to the Governor 26 S.B. 5002 -- SURCHARGE ON TRAFFIC VIOLATIONS AMENDMENTS (D. C. Buttars) Read for the first time and referred to the Rules Committee 12 Placed on calendar 13 Read the second and third time 13 Transmitted to the House 14 Signed by the President and transmitted to the Governor 35 S.B. 5003 -- TRANSPORTATION FUND TRANSFERS (S. Jenkins) Read for the first time and referred to the Rules Committee 12 Placed on calendar 13 Read the second and third time 14 Failed 14 Filed 14 Reconsideration 28 Substituted 28 1st Sub. S.B. 5003 -- TRANSPORTATION FUND TRANSFERS (S. Jenkins) Read the second and third time 29 Transmitted to the House 29 Signed by the President and transmitted to the Governor 41 S.B. 5004 -- ELIMINATION OF ANNUAL LEAVE CONVERSION (B. Evans) Read for the first time and referred to the Rules Committee 13 Placed on calendar 13 Read the second and third time 14 Transmitted to the House 15 Returned to the House 36 Signed by the President and transmitted to the Governor 26 1st Sub. S.B. 5004 -- ANNUAL LEAVE CONVERSION (B. Evans) Concurrence 42 Returned to the House 43 Signed by the President and transmitted to the Governor 43 S.B. 5005 -- CAPITAL IMPROVEMENT AMENDMENTS (L. Blackham) Read for the first time and referred to the Rules Committee 15 Placed on calendar 15 Read the second and third time 15 Transmitted to the House 16 Signed by the President and transmitted to the Governor 26 S.B. 5006 -- 2002 CAPITAL FACILITIES BONDING (B. Evans) Read for the first time and referred to the Rules Committee 15 Placed on calendar 15 Read the second and third time 16 Transmitted to the House 16 1st Sub. S.B. 5006 -- 2002 CAPITAL FACILITIES BONDING (B. Evans) Concurrence 29 Returned to the House 30 Signed by the President and transmitted to the Governor 32 S.B. 5007 -- EMERGENCY MEDICAL SERVICES SURCHARGE AMENDMENTS (D. Steele) Read for the first time and referred to the Rules Committee 19 Placed on calendar 20 Read the second and third time 20 Transmitted to the House 21 Signed by the President and transmitted to the Governor 26 S.B. 5008 -- CIGARETTE TAX REVENUE DISTRIBUTION AMENDMENTS (D. Steele) Read for the first time and referred to the Rules Committee 19 Placed on calendar 20 Read the second time 21 Circled 21 S.B. 5009 -- STATUTORY AMENDMENTS FOR MEDICAID BUDGET REDUCTIONS (D. Steele) Read for the first time and referred to the Rules Committee 19 Placed on calendar 20 Read the second and third time 21 Transmitted to the House 22 Signed by the President and transmitted to the Governor 26 S.B. 5010 -- MINIMUM SCHOOL PROGRAM AMENDMENTS (H. Stephenson) Read for the first time and referred to the Rules Committee 23 Placed on calendar 23 Read the second and third time 25 Amendments 25 Transmitted to the House 25 Refuse to Concur 33 Returned to the House 33 1st Sub. S.B. 5010 -- MINIMUM SCHOOL PROGRAM AMENDMENTS (H. Stephenson) Concurrence 41 Returned to the House 42 Signed by the President and transmitted to the Governor 43 S.B. 5011 -- STATUTORY AMENDMENTS TO IMPLEMENT BUDGET CUTS (L. Blackham) Read for the first time and referred to the Rules Committee 27 Placed on calendar 27 Read the second and third time 30 Amendments 30 Transmitted to the House 31 Signed by the President and transmitted to the Governor 41 S.B. 5012 -- GUBERNATORIAL AND LEGISLATIVE TASK FORCE ON ALTERNATIVE REVENUE SOURCES FOR WATER FUNDING (L. Blackham) Read for the first time and referred to the Rules Committee 27 Placed on calendar 27 Read the second and third time 31 Transmitted to the House 31 Returned to the House 37 Signed by the President and transmitted to the Governor 43 S.B. 5013 -- HIGHER EDUCATION BUDGET AUTHORITY (L. Hillyard) Read for the first time and referred to the Rules Committee 30 Placed on calendar 30 Read the second and third time 31 Transmitted to the House 32 Signed by the President and transmitted to the Governor 41