STATE OF UTAH SENATE JOURNAL FIFTH SPECIAL SESSION of the FIFTY-FOURTH LEGISLATURE Pursuant to the proclamation of His Excellency, Governor Michael O. Leavitt, the Senate of the Fifty-Fourth Legislature of the State of Utah met in the Senate Chamber at the State Capitol in the Fifth Extraordinary Session at 8:30 a.m., on Wednesday, June 26, 2002. The Senate was called to order at 8:55 a.m. with President Mansell presiding. Prayer - Senator Scott Jenkins Pledge of Allegiance - Senator Ed Mayne Roll call - All Senators present, except Senators Ed Allen, Gladwell, Poulton, Spencer, and Wright excused. Annette B. Moore read the following Proclamation and Certification: PROCLAMATION WHEREAS, since the adjournment of the 2002 General Session of the Fifty-Fourth Legislature of the State of Utah, matters have arisen which 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 a Special Session; NOW, THEREFORE, I, MICHAEL O. LEAVITT, 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-Fourth Legislature of the State of Utah into a Fifth Special Session at the State Capitol in Salt Lake City, Utah, on the 26th day of June, 2002 at 8:30 a.m., for the following purposes: 1. To fund the Fiscal Year 2003 budget and consider amendments to the budget reserve account. 2. To reconsider HB 25, Adult Protective Services Amendments, passed in the 2002 general session for the purpose of making technical corrections. 3. To reconsider the timing of county canvassing, as amended by SB 36, Provisional Ballot, in the 2002 general session. 4. To consider amending the law on the collection, maintenance, and reporting of data by the courts with respect to driving under the influence cases. 5. To consider approving the proposed 2002 federal-Utah state trusts lands consolidation agreement. 6. To consider authorizing a local political subdivision to call a local special election for determining voter approval of a change in Utah's legal boundaries. 7. And, to consider such other measures as may be brought to the attention of the Legislature by supplemental communication from the Governor before or during the Special Session hereby called. 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 19th day of June, 2002. Michael O. Leavitt Governor Olene S. Walker Lieutenant Governor CERTIFICATION I, OLENE S. WALKER, LIEUTENANT GOVERNOR OF THE STATE OF UTAH, DO HEREBY CERTIFY THAT the attached copy of a Proclamation issued under date of June 19th, 2002, and signed by Governor Michael O. Leavitt, is a true and correct copy of the original Proclamation calling the Fifty-Fourth Legislature of the State of Utah into a Special Session at the State Capitol at Salt Lake City, Utah, on the 26th day of June, 2002, at 8:30 a.m., for the purpose named in the Proclamation. I FURTHER CERTIFY THAT the membership of the Utah State Senate has not changed from that of the 2002 General Session. 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 19th day of June, 2002. Olene S. Walker Lieutenant Governor On motion of Senator Waddoups, the Senate voted to adopt the Senate Rules of the 2002 General Session of the Fifty-Fourth Legislature as the rules for the Fifth Special Session. President Mansell appointed a committee comprised of Senators Blackham, Bramble, and Hale to notify Governor Michael O. Leavitt that the Senate is convened in the Fifth Special Session in accordance with his proclamation and is organized and ready to receive any communications from him. President Mansell appointed a committee comprised of Senators Hickman, Jenkins and Ron Allen to notify the House of Representatives that the Senate is organized and ready to do business. Senator Ron Allen reported that the House has been notified. Senator Blackham reported that the Governor has been notified. * * * On motion of Senator Waddoups, and as provided by the Utah State Constitution and the Joint Rules of the Legislature, the Senate voted to suspend the reading of the titles of bills and resolutions on the Senate calendar as they are read for the first time and introduced and considered on Second Reading, Third Reading and Consent Calendars. This suspension applies to all bills and resolutions introduced during this special legislative session, except that any senator may request the reading of the long title, short title, or both of any House or Senate bill or resolution. The motion passed by the required constitutional two-thirds majority. * * * On motion of Senator Valentine and at 9:10 a.m., the Senate adjourned until 9:00 a.m., Monday, July 8, 2002.