HOUSE JOURNAL of the FIFTY-SIXTH LEGISLATURE of the STATE OF UTAH FIFTH SPECIAL SESSION House Chamber State Capitol Complex Salt Lake City, Utah Monday, December 4, 2006 The House was called to order by Speaker Curtis at 10:55 a.m. Roll call showed all members present except Representatives Sheryl Allen, Bradley Last, Carol Spackman Moss, and Kerry Gibson, excused. Prayer and Pledge of Allegiance by Representative Doug Aagard. On motion of Representative Alexander,the House voted to continue with the same organization for the 2006 Fifth Special Session of the 56th Legislature as was constituted during the 2006 General Session of the Legislature insofar as it pertains to the Speakership, Majority Leadership and Minority Leadership. Speaker Curtis appointed Sandy D. Tenney as Chief Clerk. The Chief Clerk read the following: CERTIFICATION I, GARY R. HERBERT, LIEUTENANT GOVERNOR OF THE STATE OF UTAH, DO HEREBY CERTIFY THAT the attached copy of a Proclamation issued on the 30th day of November, 2006 and signed by Governor Jon M. Huntsman, Jr., is a true and correct copy of the original Proclamation calling the Fifty-Sixth Legislature of the State of Utah into a Fifth Special Session at the Capitol Complex at Salt Lake City, Utah on the 4th day of December, 2006, at 10:30 a.m., for the purposes named in the Proclamation. I FURTHER CERTIFY THAT the membership of the Utah State House of Representatives has not changed from that of the Certification of the 2006 General Session with the following exception: TWENTY-THIRD DISTRICT: County of Salt Lake Jennifer M. Seelig IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of Utah, at Salt Lake City, this 30th day of November, 2006. GARY R. HERBERT Lieutenent Governor Communication filed. PROCLAMATION WHEREAS, since the adjournment of the 2006 General Session of the Fifty-Sixth Legislature of the State of Utah, matters have arisen that require immediate legislative attention; and WHEREAS, Article VII, Section 6 of the Constitution of the State of Utah provides that the Governor may, by proclamation, convene the Legislature into Special Session; NOW, THEREFORE, I, Jon M. Huntsman, Jr., Governor of the State of Utah, by virtue of the authority vested in me by the Constitution and the Laws of the State of Utah, do by this Proclamation call the Fifty-Sixth Legislature of the State of Utah into a Fifth Special Session at the State Capitol Complex, in Salt Lake City, Utah, on the 4th day of December 2006, at 10:30 a.m., for the following purposes: 1. To consider redistricting Utah into four Congressional districts based upon the 2000 census; 2. To consider amendments to the statutes governing uniform fees on boats, recreational vehicles, and certain smaller motor vehicles; 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 Capitol Complex in Salt Lake City, Utah, this 30th day of November, 2006. JON M. HUNTSMAN, JR. Governor GARY R. HERBERT Lieutenant Governor Communication filed. PROCLAMATION WHEREAS, the undersigned issued a Proclamation on November 30, 2006, calling the Fifty-Sixth Legislature of the State of Utah,into a Fifth Special Session beginning on the 4th day of December, 2006; and WHEREAS,the undersigned has since been informed of the need to include an additional item of business for consideration in this Fifth Special Session; NOW, THEREFORE, I, Jon M. Huntsman, Jr., Governor of the State of Utah, by virtue of the authority vested in me by the Constitution and the Laws of the State of Utah, do by this Proclamation include the following third item for Legislative action: 1. To consider delaying the effective date of the 2006 General Session Senate Bill 161, Mechanic's Lien and Payment Amendments. 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 Capitol Complex in Salt Lake City, Utah, this 1st day of December, 2006. JON M. HUNTSMAN, JR. Governor GARY R. HERBERT Lieutenant Governor Communication filed. MISCELLANEOUS BUSINESS On motion of Representative Lockhart, the House voted to adopt the same House Rules and Joint Rules for the 2006 Fifth Special Session as adopted in the 2006 General Session. On motion of Representative Urquhart, the House voted to authorize the Speaker to appoint a committee to wait upon the Senate to inform that Honorable Body that the House is organized and ready to do business. The Speaker appointed Representatives Noel, Walker, and Morgan. On motion of Representative Becker, the House voted to authorize the Speaker to appoint a committee to meet with a like committee from the Senate to wait upon the Governor to inform him that the House is organized and ready to do business. The Speaker appointed Representatives Hogue, Mathis, and Shurtliff. On motion of Representative Lockhart, the House voted to consider all House and Senate bills and resolutions acted upon during the 2006 Fifth Special Session be considered under suspension of the rules. On motion of Representative Lockhart, as allowed by the Utah Constitution and Joint Rules of the Legislature, the House voted to continue its practice of reading only the short title of bills and resolutions as they are introduced or considered on a House Calendar and not read the long title of the bills and resolutions unless a majority of the House directs the reading of the long title, short title, or both of any House or Senate bill or resolution. On motion of Representative Lockhart, the House voted to consider all House and Senate bills and resolutions acted upon during the 2006 Fifth Special Session be considered read for the second time and placed on the Third Reading Calendars for immediate consideration. Representative Noel informed the House of Representatives that her committee has waited upon the Senate and informed them that the House is organized and ready to do business. Representative Hogue informed the House of Representatives that the joint committee has waited upon the Governor and informed him that the Legislature is organized and ready to do business. Senators Hickman, Arent, and Eastman formally notified the House of Representatives that the Senate was organized and ready to do business. REDISTRICTING PRINCIPLES On motion of Representative David Clark, the House voted to adopt the same redistricting principles to govern drawing congressional maps that the Redistricting Committee adopted. They are as follows: 1. Congressional districts must be as nearly equal as practicable with a deviation not greater than # 0.5%. 2. Districts will be single member districts. 3. Plans will be drawn to create 4 Congressional Districts. 4. In drawing districts, the official population enumeration of the 2000 decennial census will be used. 5. Districts will be contiguous and reasonably compact. INTRODUCTION OF BILL H.B. 5001, Uniform Fees on Personal Property Amendments (P. Painter), read the first time by short title. On motion of Representative Lockhart, under suspension of the rules, the House considered H.B. 5001 read the second time by short title and placed on the Third Reading Calendar. THIRD READING CALENDAR H.B. 5001, UNIFORM FEES ON PERSONAL PROPERTY AMENDMENTS, read the third time by short title and placed on its final passage. Representative Painter proposed the following amendment: 1. Page 1, Lines 23 through 25 23 Other Special Clauses: 24 This bill provides an { immediate } effective date. 25 This bill provides revisor instructions. 2. Page 15, Line 458 through Page 16, Line 462: 458 Section 2. Effective date. 459 If approved by two-thirds of all the members elected to each house, this bill takes effect on December 30, 2006. 460 upon approval by the governor, or the day following the constitutional time limit of Utah 461 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, 462 the date of veto override. Representative Painter's motion to amend passed on a voice vote. On motion of Representative Hogue, the House voted to circle H.B. 5001. MISCELLANEOUS BUSINESS On motion of Representative Alexander, the House voted to recess until 1:30 p.m. Speaker Curtis called the House to order at 2:50 p.m. UNFINISHED BUSINESS On motion of Representative Painter, the House voted to uncircle H.B. 5001. H.B. 5001, UNIFORM FEES ON PERSONAL PROPERTY AMENDMENTS, was before the House on its final passage. H.B. 5001, as amended, passed on the following roll call: Yeas, 68; Nays, 0; Absent or not voting, 7. Voting in the affirmative were: Representatives Aagard Adams Alexander Barrus Becker Bigelow Biskupski Bowman Buttars Buxton Christensen D. Clark S. Clark Cosgrove D. Cox Daw Dayton Dee Donnelson Dougall Duckworth Dunnigan Ferrin Ferry J. M. Fisher Julie Fisher Fowlke Frank Gowans Hansen Hardy Harper Hendrickson Hogue Holdaway Hughes Hunsaker B. Johnson Jones King Kiser Lawrence Litvack Lockhart Mascaro Mathis McGee Menlove Morgan Morley Murray Newbold Noel Painter Romero Seelig Shurtliff G. Snow Tilton Ure Urquhart Walker Wallace Wheatley Wheeler Wiley Wyatt Curtis Absent or not voting were: Representatives S. Allen Gibson E. Hutchings Last Moss Oda Ray H.B. 5001, as amended, transmitted to the Senate for its consideration. * * * On motion of Representative Alexander, the House voted to saunter. On motion of Representative Alexander, the House voted to cease to saunter. Speaker Curtis called the House to order at 3:10 p.m. COMMUNICATION FROM THE SENATE Mr. Speaker: December 4, 2006 The Senate passed S.B. 5001, CONGRESSIONAL FOUR MEMBER REDISTRICTING PLAN, by Senator C. Bramble, et al, and it is transmitted for consideration. Annette B. Moore Secretary of the Senate Communication filed. S.B. 5001 read the first time by short title. On motion of Representative Lockhart, under suspension of the rules, the House voted to consider S.B. 5001 read the second time by short title and placed on the Third Reading Calendar. THIRD READING CALENDAR S.B. 5001, CONGRESSIONAL FOUR MEMBER REDISTRICTING PLAN, read the third time by short title and placed on its final passage. Representative Julie Fisher proposed the following amendment: 1. Page 3, Lines 61 through 74 61 Section 4. Contingent effective date. 62 (1) If approved by two-thirds of all the members elected to each house, Section 2, 63 Repealer, of this bill takes effect immediately upon approval by the governor, or the day 64 following the constitutional time limit of Utah Constitution Article VII, Section 8, without the 65 governor's signature, or in the case of a veto, the date of veto override. 66 (2) Section 1, Section 3, and Section 5 of this bill take effect: 67 (a) when one of the following occurs: (i) Congress retrocedes those parts of the District of Columbia where persons reside back to Maryland; (ii) the District of Columbia becomes a state; or (iii) the United States Constitution is amended to grant congressional representation to the District of Columbia; and (b) for purposes of nominating and electing members of the United States House of 68 Representatives, when the Clerk of the United States House of Representatives certifies to the 69 state of Utah that it is entitled to four representatives in the United States House of 70 Representatives; and 71 { (b) } (c) for all other purposes, on the date that the state board of canvassers declares four 72 Congressional representatives from Utah elected after the first statewide special or regular 73 general election held after the date that certification from the Clerk of the United States House 74 of Representatives is received. Representative Julie Fisher's motion to amend failed on a voice vote. S.B. 5001 passed on the following roll call: Yeas, 51; Nays, 19; Absent or not voting, 5. Voting in the affirmative were: Representatives Aagard Alexander Becker Bigelow Biskupski Bowman Christensen D. Clark S. Clark Cosgrove Daw Dee Donnelson Dougall Duckworth Dunnigan Ferry J. M. Fisher Fowlke Hansen Harper Hogue Holdaway Hughes Hunsaker Jones King Lawrence Litvack Lockhart Mascaro Mathis McGee Menlove Murray Newbold Noel Painter Ray Romero Seelig Shurtliff G. Snow Tilton Urquhart Walker Wallace Wheatley Wheeler Wiley Curtis Voting in the negative were: Representatives Adams Barrus Buttars Buxton D. Cox Dayton Ferrin Julie Fisher Frank Gowans Hardy Hendrickson B. Johnson Kiser Morgan Morley Oda Ure Wyatt Absent or not voting were: Representatives S. Allen Gibson E. Hutchings Last Moss S.B. 5001 was signed by the Speaker and returned to the Senate for signature of the President, enrolling, and transmission to the Governor. COMMUNICATION FROM THE SENATE Mr. Speaker: December 4, 2006 The Senate passed S.B. 5002, MECHANICS' LIEN PAYMENT AMENDMENTS, by Senator S. Jenkins, and it is transmitted for consideration. Annette B. Moore Secretary of the Senate Communication filed. S.B. 5002 read the first time by short title. On motion of Representative Lockhart, under suspension of the rules, the House voted to consider S.B. 5002 read the second time by short title and placed on the Third Reading Calendar. THIRD READING CALENDAR S.B. 5002, MECHANICS' LIEN PAYMENT AMENDMENTS, read the third time by short title and placed on its final passage. S.B. 5002 passed on the following roll call: Yeas, 68; Nays, 0; Absent or not voting, 7. Voting in the affirmative were: Representatives Aagard Adams Alexander Barrus Becker Bigelow Biskupski Bowman Buttars Buxton Christensen D. Clark S. Clark Cosgrove D. Cox Daw Dayton Dee Donnelson Dougall Duckworth Dunnigan Ferrin Ferry J. M. Fisher Julie Fisher Fowlke Frank Gowans Hansen Hardy Harper Hendrickson Hogue Holdaway Hughes Hunsaker B. Johnson Jones King Kiser Lawrence Litvack Lockhart Mascaro Mathis McGee Menlove Morgan Morley Murray Newbold Noel Oda Painter Ray Romero Seelig G. Snow Tilton Urquhart Walker Wallace Wheatley Wheeler Wiley Wyatt Curtis Absent or not voting were: Representatives S. Allen Gibson E. Hutchings Last Moss Shurtliff Ure S.B. 5002 was signed by the Speaker and returned to the Senate for signature of the President, enrolling, and transmission to the Governor. COMMUNICATION FROM THE SENATE Mr. Speaker: December 4, 2006 The Senate passed, H.B. 5001, UNIFORM FEES ON PERSONAL PROPERTY AMENDMENTS, by Representative P. Painter, et al, which has been signed by the President and it is transmitted for the signature of the Speaker. Annette B. Moore Secretary of the Senate Communication filed. H.B. 5001 signed by the Speaker and referred to staff for enrolling and transmission to the Governor. MISCELLANEOUS BUSINESS On motion of Representative Ferry, the House voted to authorize the Speaker to appoint a committee to wait upon the Governor and inform him that the House of Representatives has completed its business and is prepared to adjourn sine die. The Speaker appointed Representatives Barrus, Newbold, and Seelig. Representative Barrus reported that his committee has waited upon the Governor and informed him that the House of Representatives is prepared to adjourn sine die. The Governor has no further business to bring before the House. On motion of Representative Alexander, the House voted to authorize the Speaker to appoint a committee to wait upon the Senate and inform them that the House of Representatives has completed its business and is prepared to adjourn sine die. The Speaker appointed Representatives Morley, Oda, and Litvack. Representative Morley reported that his committee has waited upon the Senate and informed them that the House of Representatives has completed its business and is prepared to adjourn sine die. Speaker Curtis directed Sandy Tenney to read, revise and make minor corrections to the daily House Journal and be responsible for certifying the bound copy as the accurate record of the proceedings of the 2006 Fifth Special Session of the Fifty-Sixth Legislature. On motion of Representative Alexander, the Fifth Special Session of the Fifty-Sixth Legislature adjourned sine die. index H.B. 5001 UNIFORM FEES ON PERSONAL PROPERTY AMENDMENTS (P. Painter) Read the first time by short title and referred to the Rules Committee. 5 Read the second time 5 Read the third time 5 Amendments 5 Circled 6 Uncircled 6 Transmitted to the Senate 7 Signed by the Speaker and transmitted to the Governor 10 S.B. 5001 CONGRESSIONAL FOUR MEMBER REDISTRICTING PLAN (C. Bramble) Read the first time by short title and referred to Rules Committee 7 Read the second time 7 Read the third time 7 Amendments 7 Signed by the Speaker and returned to the Senate 9 S.B. 5002 MECHANICS' LIEN PAYMENT AMENDMENTS (S. Jenkins) Read the first time by short title and referred to Rules Committee 9 Read the second time 9 Read the third time 9 Signed by the Speaker and returned to the Senate 10