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Senate Journal STATE OF UTAH SENATE JOURNAL EIGHTH EXTRAORDINARY SESSION OF THE FIFTY−FIFTH LEGISLATURE Convened and Adjourned on Wednesday, May 19, 2004 CERTIFICATION The undersigned, as the duly appointed committee on revision of the Senate Journal for the Eighth Extraordinary Session of the Fifty−Fifth Legislature of the State of Utah, do hereby certify that herein contained is an accurate record of the proceedings of the Eighth Extraordinary Session convening on Wednesday, May 19, 2004, and adjourning sine die on the same day. Annette B. Moore Secretary of the Senate Sandy D. Tenney Manager, Senate Services Mary B. Andrus Journal Clerk Day 1Wednesday, May 19, 2004 3 STATE OF UTAH SENATE JOURNAL EIGHTH EXTRAORDINARY SESSION of the FIFTY−FIFTH LEGISLATURE Pursuant to the proclamation of Her Excellency, Governor Olene S. Walker, the Senate of the Fifty−Fifth Legislature of the State of Utah met in the Senate Chamber at the State Capitol in the Eighth Extraordinary Session at 12:00 noon on Wednesday, May 19, 2004. The Senate was called to order with President Mansell presiding. Prayer − Senator Curtis Bramble Pledge − Senator Lyle Hillyard Annette B. Moore, Secretary of the Senate, read the following Proclamation and Certification: PROCLAMATION WHEREAS, since the close of the 2004 General Session of the 55th Legislature of the State of Utah, certain 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 in Extraordinary Session; NOW, THEREFORE, I,OLENE S. WALKER, 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 Senate only of the 55th Legislature of the State of Utah into a Eighth Extraordinary Session at the State Capitol in Salt Lake City, Utah, on the 19th day of May, 2004 at 12:00 noon, for the following purpose: 4 SENATE JOURNAL Day 1 For the Senate to consent to appointments made by the Governor to positions within state government of the State of Utah since the close of the 2004 General Session of the 55th Legislature of the State of Utah. 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 Complex in Salt Lake City, Utah, this 4th day of May, 2004. Olene S. Walker Governor Gayle F. McKeachnie Lieutenant Governor CERTIFICATION I, GAYLE F. McKEACHNIE, LIEUTENANT GOVERNOR OF THE STATE OF UTAH, DO HEREBY CERTIFY THAT the attached copy of a Proclamation issued under date of May 4, 2004, and signed by Governor Olene S. Walker, is a true and correct copy of the original Proclamation calling the Senate only of the Fifty−Fifth Legislature of the State of Utah into a Eighth Extraordinary Session at the Senate Capitol at Salt Lake City, Utah, on the 19th day of May, 2004, at 12:00 noon, for the purpose named in the Proclamation. Day 1Wednesday, May 19, 2004 5 I FURTHER CERTIFY THAT the membership of the Utah State Senate has not changed from that of the 2004 General Session of the Utah State Legislature. 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 Complex in Salt Lake City, Utah, this 4th day of May, 2004. Gayle F. McKeachnie Lieutenant Governor Roll call − All Senators present, except Senators Bell, Eastman and Stephenson, excused. COMMITTEE OF THE WHOLE On motion of Senator Waddoups, Michael Young, newly appointed president of the University of Utah spoke in Committee of the Whole. Senator Hale commented. On motion of Senator Waddoups, the Committee of the Whole was dissolved. * * * On motion of Senator Hillyard, the Senate voted to adopt the Senate Rules of the 2004 General Session of the Fifty−Fifth Legislature as the rules for the Eighth Extraordinary Session. President Mansell appointed a committee comprised of Senators Parley Hellewell, Leonard Blackham, and Paula Julander to notify the Governor that the Senate is convened in the Eighth Extraordinary Session in accordance with her proclamation. Senator Hellewell advised the Senate that the Governor’s representative has been notified of the convening of the Eighth Extraordinary Session. Sandy D. Tenney read the following communications: COMMUNICATION FROM THE GOVERNOR Dear President Mansell and Members of the Senate: March 31, 2004 In accordance with Sections 67−1−1 and 2, Utah Code Annotated 1953, I propose and transmit the following appointments: 6 SENATE JOURNAL Day 1 DISTRICT COURT Constandinos (Deno) G. Himonas appointed as a Judge of the District Court of the Third Judicial District. Utah Constitution Article VIII, Section 8 and Section 78−3−3, Utah Code Annotated 1953, as amended. Thank you for your timely consideration and confirmation of the above appointments. Olene S. Walker Governor Communication filed. CONFIRMATION COMMITTEE REPORT Mr. President: May 19 , 2004 The Senate Judicial Confirmation Committee met on May 5, 2004 and unanimously reports a favorable recommendation for Mr. Constandinos (Deno) G. Himonas to be confirmed to the position of District Court Judge in the Third Judicial District. D. Chris Buttars, Committee Chair Senator Hillyard moved to consent to the appointment as read by Sandy D. Tenney. Senators Buttars and Dmitrich commented. The motion passed on the following roll call: Yeas, 22; Nays, 0; Absent, 7. Voting in the affirmative were: Senators Allen Arent Bramble Buttars Davis Dmitrich B. Evans J. Evans Gladwell Hale Hellewell Hickman Hillyard Jenkins Julander Killpack Knudson Mayne Thomas Valentine Waddoups Mansell Absent or not voting were: Senators Bell Blackham Eastman Hatch Stephenson Walker Wright COMMITTEE OF THE WHOLE On motion of Senator Buttars, Judge Constandinos G. Himonas spoke in Committee of the Whole. Day 1Wednesday, May 19, 2004 7 On motion of Senator Buttars, the Committee of the Whole was dissolved. * * * Mr. President: May 4, 2004 In accordance with Sections 67−1−1 and 2, Utah Code Annotated 1953, I propose and transmit the following appointments: QUALITY GROWTH COMMISSION Darrell H. Smith appointed to fill the unexpired term of Dennis P. Larkin on the Quality Growth Commission, a term to expire April 15, 2005. Section 11−38−201, Utah Code Annotated 1953, as amended. UTAH DIGITAL HEALTH SERVICE COMMISSION Terry Holmes appointed to fill the unexpired term of Dennis R. Hauze on the Utah Digital Health Service Commission, a term to expire October 1, 2006. Section 26−9f−103, Utah Code Annotated 1953, as amended. Dennis D. Moser appointed to fill the unexpired term of Pam Morrison Lyman on the Utah Digital Health Service Commission, a term to expire October 1, 2004. Section 26−9f−103, Utah Code Annotated 1953, as amended. Thank you for your timely consideration and confirmation of the above appointments. Olene S. Walker Governor Communication filed. Senator Hillyard moved to consent to the appointments as read by Sandy D. Tenney. The motion passed on the following roll call: Yeas, 23; Nays, 0; Absent, 6. Voting in the affirmative were: Senators Allen Arent Bramble Buttars Davis Dmitrich B. Evans J. Evans Gladwell Hale Hatch Hellewell Hickman Hillyard Jenkins Julander Killpack Knudson Mayne Thomas Valentine Waddoups Mansell Absent or not voting were: Senators Bell Blackham Eastman Stephenson Walker Wright 8 SENATE JOURNAL Day 1 President Mansell directed the committee to wait upon the Governor’s representative to notify her that the Senate has concluded its business. Senator Hellewell reported that the committee had notified the Governor’s representative that the Senate had concluded its business, and that the Governor has no further business to bring before the Senate. On motion of Senator Waddoups, and at 12:40 p.m., the Senate adjourned sine die. STATE OF UTAH SENATE JOURNAL NINTH EXTRAORDINARY SESSION OF THE FIFTY−FIFTH LEGISLATURE Convened and Adjourned on Wednesday, June 16, 2004 CERTIFICATION The undersigned, as the duly appointed committee on revision of the Senate Journal for the Ninth Extraordinary Session of the Fifty−Fifth Legislature of the State of Utah, do hereby certify that herein contained is an accurate record of the proceedings of the Ninth Extraordinary Session convening on Wednesday, June 16, 2004, and adjourning sine die on the same day. Annette B. Moore Secretary of the Senate Sandy D. Tenney Manager, Senate Services Mary B. Andrus Journal Clerk Day 1Wednesday, June 16, 2004 11 STATE OF UTAH SENATE JOURNAL NINTH EXTRAORDINARY SESSION of the FIFTY−FIFTH LEGISLATURE Pursuant to the proclamation of Her Excellency, Governor Olene S. Walker, the Senate of the Fifty−Fifth Legislature of the State of Utah met in the Senate Chamber at the State Capitol in the Ninth Extraordinary Session at 12:00 noon on Wednesday, June 16, 2004. The Senate was called to order with President Mansell presiding. Prayer − Senator Scott Jenkins Pledge − Senator Karen Hale Annette B. Moore, Secretary of the Senate, read the following Proclamation and Certification: PROCLAMATION WHEREAS, since the close of the 2004 General Session of the 55th Legislature of the State of Utah, certain 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 in Extraordinary Session; NOW, THEREFORE, I,OLENE S. WALKER, 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 Senate only of the 55th Legislature of the State of Utah into a Ninth Extraordinary Session at the State Capitol in Salt Lake City, Utah, on the 16th day of June, 2004 at 12:00 noon, for the following purpose: 12 SENATE JOURNAL Day 1 For the Senate to consent to appointments made by the Governor to positions within state government of the State of Utah since the close of the 2004 General Session of the 55th Legislature of the State of Utah.
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