HOUSE JOURNAL THIRTEENTH DAY * * * AFTERNOON SESSION The House was called to order by Speaker Stephens at 3:10 p.m. Roll call showed all members present except Representatives Stephen Clark, excused. Pledge of Allegiance and prayer by Representative David Clark. INTRODUCTION OF BILLS TECHNICAL AMENDMENTS TO ADULT PROTECTIVE SERVICES AMENDMENTS H.B. 5001 Patricia W. Jones THIS ACT PROVIDES REVISOR'S INSTRUCTIONS TO CORRECT ERRORS IN INTRODUCTORY CAPTIONS FOUND IN H.B. 25, ADULT PROTECTIVE SERVICES AMENDMENTS, PASSED DURING THE 2002 ANNUAL GENERAL SESSION. THIS ACT PROVIDES AN IMMEDIATE EFFECTIVE DATE AND HAS RETROSPECTIVE OPERATION TO MAY 6, 2002, WHICH IS THE EFFECTIVE DATE OF THE ORIGINAL BILL, read the first time by short title. COURT RECORDS OF DRIVING UNDER THE INFLUENCE CASES H.B. 5002 A. Lamont Tyler THIS ACT MODIFIES THE DRIVING WHILE INTOXICATED AND RECKLESS DRIVING ARTICLE OF THE MOTOR VEHICLES CODE. THE ACT PROVIDES A TIME LINE FOR ALL COURTS TO COLLECT AND MAINTAIN DATA ON OFFENSES UNDER THE ARTICLE. THE ACT REQUIRES ANNUAL REPORTS BY THE ADMINISTRATIVE OFFICE OF THE COURTS TO THE JUDICIARY AND TRANSPORTATION INTERIM COMMITTEES. THIS ACT PROVIDES AN IMMEDIATE EFFECTIVE DATE, read the first time by short title. LOCAL SPECIAL ELECTION AMENDMENTS H.B. 5003 Eli H. Anderson THIS ACT MODIFIES THE ELECTION CODE BY AUTHORIZING A LOCAL LEGISLATIVE BODY TO CALL A LOCAL SPECIAL ELECTION TO DETERMINE WHETHER OR NOT UTAH'S LEGAL BOUNDARIES SHOULD BE CHANGED, read the first time by short title. SALARIES FOR LEGISLATORS H.B. 5004 Joseph G. Murray THIS ACT MODIFIES STATUTES GOVERNING THE LEGISLATURE BY REDUCING LEGISLATIVE SALARIES 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, read the first time by short title. RESOLUTION APPROVING FEDERAL - UTAH STATE TRUST LANDS CONSOLIDATION AGREEMENT H.J.R. 501 Bradley T. Johnson THIS JOINT RESOLUTION OF THE LEGISLATURE APPROVES THE "2002 FEDERAL - UTAH STATE TRUST LANDS CONSOLIDATION AGREEMENT" DATED JUNE 18, 2002, BETWEEN THE STATE OF UTAH AND THE UNITED STATES GOVERNMENT TO EXCHANGE SCHOOL AND INSTITUTIONAL TRUST LANDS AND MINERAL INTERESTS FOR FEDERAL LANDS AND MINERAL INTERESTS. THE RESOLUTION PROVIDES AN IMMEDIATE EFFECTIVE DATE, read the first time by short title. RESOLUTION CLOSING DISTRICT COURT IN ROY H.J.R. 502 A. Lamont Tyler A JOINT RESOLUTION OF THE LEGISLATURE APPROVING THE CLOSURE OF THE DISTRICT COURT WITHIN THE MUNICIPAL BOUNDARIES OF ROY CITY, UTAH, AND PROVIDING AN EFFECTIVE DATE, read the first time by short title. MISCELLANEOUS BUSINESS On motion of Representative Hatch, the House voted, under suspension of the rules, to consider H.B. 5001, H.B. 5002, H.B. 5003, H.B. 5004, H.J.R. 501, and H. J.R. 502 read the second time by short title and placed on the Third Reading Calendar. THIRD READING CALENDAR H.B. 5001, TECHNICAL AMENDMENTS TO ADULT PROTECTIVE SERVICES AMENDMENTS, read the third time by short title and placed on its final passage. H.B. 5001 then passed on the following roll call: Yeas, 69; Nays, 0; Absent or not voting, 6. Voting in the affirmative were: Representatives Aagard Adair Adams S. Allen Anderson Arent Barrus Beck Becker Bennion Beshear Biskupski Bourdeaux Bowman Bradshaw Bryson Buffmire Bush Buttars D. Clark D. Cox Daniels Dayton Dillree Donnelson Duckworth Ferrin Ferry Fife Goodfellow Gowans Hansen Harper Hatch Hendrickson Hogue Holdaway E. Hutchings B. Johnson Jones King Litvack Lockhart Mascaro McCartney Morgan Moss Murray Newbold Pace Parker Peterson Philpot Ray Saunders Seitz Shurtliff Siddoway G. Snow Styler Swallow Thompson Throckmorton Tyler Urquhart Wallace Winn Young M. Stephens Absent or not voting were: Representatives Alexander Bigelow S. Clark Curtis Ure Way H.B. 5001 transmitted to the Senate for its consideration. * * * H.B. 5002, COURT RECORDS OF DRIVING UNDER THE INFLUENCE CASES, read the third time by short title and placed on its final passage. On motion of Representative Tyler, the House voted to delete H.B. 5002 in title and body and insert Sub. H.B. 5002 in lieu thereof. Sub. H.B. 5002 then passed on the following roll call: Yeas, 71; Nays, 0; Absent or not voting, 4. Voting in the affirmative were: Representatives Aagard Adair Adams S. Allen Anderson Arent Barrus Beck Becker Bennion Beshear Biskupski Bourdeaux Bowman Bradshaw Bryson Buffmire Bush Buttars D. Clark D. Cox Curtis Daniels Dayton Dillree Donnelson Duckworth Ferrin Ferry Fife Goodfellow Gowans Hansen Harper Hatch Hendrickson Hogue Holdaway E. Hutchings B. Johnson Jones King Litvack Lockhart Mascaro McCartney Morgan Moss Murray Newbold Pace Parker Peterson Philpot Ray Saunders Seitz Shurtliff Siddoway G. Snow Styler Swallow Thompson Throckmorton Tyler Urquhart Wallace Way Winn Young M. Stephens Absent or not voting were: Representatives Alexander Bigelow S. Clark Ure Sub. H.B. 5002 transmitted to the Senate for its consideration. * * * H.B. 5003, LOCAL SPECIAL ELECTION AMENDMENTS, read the third time by short title and placed on its final passage. On motion of Representative Anderson, the bill was amended as follows: 1. Page 2, Line 32: After "(v)" insert "if required or authorized by federal law," H.B. 5003, as amended, then passed on the following roll call: Yeas, 71; Nays, 0; Absent or not voting, 4. Voting in the affirmative were: Representatives Aagard Adair Adams S. Allen Anderson Arent Barrus Beck Becker Bennion Beshear Biskupski Bourdeaux Bowman Bradshaw Bryson Buffmire Bush Buttars D. Clark D. Cox Curtis Daniels Dayton Dillree Donnelson Duckworth Ferrin Ferry Fife Goodfellow Gowans Hansen Harper Hatch Hendrickson Hogue Holdaway E. Hutchings B. Johnson Jones King Litvack Lockhart Mascaro McCartney Morgan Moss Murray Newbold Pace Parker Peterson Philpot Ray Saunders Seitz Shurtliff Siddoway G. Snow Styler Swallow Thompson Throckmorton Tyler Urquhart Wallace Way Winn Young M. Stephens Absent or not voting were: Representatives Alexander Bigelow S. Clark Ure H.B. 5003, as amended, transmitted to the Senate for its consideration. * * * H.B. 5004, SALARIES FOR LEGISLATORS, read the third time by short title and placed on its final passage. On motion of Representative Murray, the House voted to circle H.B. 5004. * * * H.J.R. 501, RESOLUTION APPROVING FEDERAL - UTAH STATE TRUST LANDS CONSOLIDATION AGREEMENT, read the third time by short title and placed on its final passage. On motion of Representative Johnson, the bill was amended as follows: 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"" Representative Harper called a point of order and the bill was read in for the third time correctly and the amendments were replaced and passed. H.J.R. 501, RESOLUTION APPROVING FEDERAL - UTAH STATE TRUST LANDS CONSOLIDATION AGREEMENT, read the third time by short title and placed on its final passage. On motion of Representative Johnson, the bill was amended as follows: 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"" H.J.R. 501, as amended, then passed on the following roll call: Yeas, 72; Nays, 0; Absent or not voting, 3. Voting in the affirmative were: Representatives Aagard Adair Adams S. Allen Anderson Arent Barrus Beck Becker Bennion Beshear Biskupski Bourdeaux Bowman Bradshaw Bryson Buffmire Bush Buttars D. Clark D. Cox Curtis Daniels Dayton Dillree Donnelson Duckworth Ferrin Ferry Fife Goodfellow Gowans Hansen Harper Hatch Hendrickson Hogue Holdaway E. Hutchings B. Johnson Jones King Litvack Lockhart Mascaro McCartney Morgan Moss Murray Newbold Pace Parker Peterson Philpot Ray Saunders Seitz Shurtliff Siddoway G. Snow Styler Swallow Thompson Throckmorton Tyler Ure Urquhart Wallace Way Winn Young M. Stephens Absent or not voting were: Representatives Alexander Bigelow S. Clark H.J.R. 501, as amended, transmitted to the Senate for its consideration. COMMUNICATIONS FROM THE SENATE Mr. Speaker: July 8, 2002 The Senate passed S.B. 5001, CANVASS FOR PROVISIONAL BALLOT, by Senator J. Hickman, 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 Hatch, under suspension of the rules, the House voted to consider S.B. 5001 read the second time by short title and placed at the top of the Senate Third Reading Calendar. * * * Mr. Speaker: July 8, 2002 The Senate passed, H.B. 5001, TECHNICAL AMENDMENTS TO ADULT PROTECTIVE SERVICES AMENDMENTS, by Representative P. Jones, 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 was signed by the Speaker in open session, in the presence of the House, and referred to the Rules Committee to be enrolled and transmitted to the Governor. MISCELLANEOUS BUSINESS On motion of Representative Hatch, the House voted to adjourn until July 9, 2002, at 10:00 a.m. HOUSE JOURNAL PAGE INDEX (DAY 1 - 13) H.B. 5001 -- TECHNICAL AMENDMENTS TO ADULT PROTECTIVE SERVICES AMENDMENTS (P. Jones) Read for the first time 5 Read the second time 6 Read the third time 7 Transmitted to the Senate 7 Signed by the Speaker and transmitted to the Governor 12 H.B. 5002 -- COURT RECORDS OF DRIVING UNDER THE INFLUENCE CASES (A. L. Tyler) Read for the first time 5 Read the second time 6 Read the third time 7 Substituted 8 1st Sub. H.B. 5002 -- COURT RECORDS OF DRIVING UNDER THE INFLUENCE CASES (A. L. Tyler) Transmitted to the Senate 8 H.B. 5003 -- LOCAL SPECIAL ELECTION AMENDMENTS (E. Anderson) Read for the first time 6 Read the second time 6 Read the third time 8 Amendments 8 Transmitted to the Senate 9 H.B. 5004 -- SALARIES FOR LEGISLATORS (J. Murray) Read for the first time 6 Read the second time 6 Read the third time 9 Circled 9 H.J.R. 501 -- RESOLUTION APPROVING FEDERAL - UTAH STATE TRUST LANDS CONSOLIDATION AGREEMENT (B. Johnson) Read for the first time 6 Read the second time 6 Read the third time 9, 10 Amendments 9, 10 Transmitted to the Senate 11 H.J.R. 502 -- RESOLUTION CLOSING DISTRICT COURT IN ROY (A. L. Tyler) Read for the first time 6 Read the second time 7 S.B. 5001 -- CANVASS FOR PROVISIONAL BALLOT (J. Hickman) Read the first time by short title 11 Read the second time 11