HOUSE JOURNAL of the SIXTIETH LEGISLATURE of the STATE OF UTAH FIRST HOUSE SESSION House Chamber State Capitol Salt Lake City, Utah July 3, 2013 The House was called to order by Speaker Rebecca Lockhart at 10:55 a.m. Prayer given by Representative John Knotwell. Pledge of Allegiance led by Representative Carol Spackman-Moss. MISCELLANEOUS BUSINESS Speaker Lockhart appointed Sandy D. Tenney as Chief Clerk of the House of Representatives for the 2013 First House Session of the 60th Legislature. The Chief Clerk, Sandy D. Tenney, read the following: PROCLAMATION WHEREAS, since the adjournment of the 2013 General Session of the Sixtieth Legislature of the State of Utah, matters have arisen that require the immediate attention of the House of Representatives; NOW, THEREFORE, I, Rebecca D. Lockhart, Speaker of the House of the Utah House of Representatives, do by this Proclamation call the members of the House of Representatives into a House Session at the Utah State Capitol, in Salt Lake City, Utah, on the 3rd day of July 2013, at 10:00 a.m., for the following purpose only: (1) to pass House Rules forming a special investigative committee. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the House of Representatives. Done at the Utah State Capitol in Salt Lake City, Utah this 28th day of June, 2013. Rebecca D. Lockhart Speaker of the House Utah State House of Representatives Communication filed. Communication from the lieutenant governor I, GREG S. BELL, LIEUTENANT GOVERNOR OF THE STATE OF UTAH, do hereby certify the membership of the Utah State House of Representatives has not changed from that of the Certification of the 2013 General Session which was dated January 23, 2013. FIRST DISTRICT: Counties of Box Elder, Cache Ronda Rudd Menlove SECOND DISTRICT: County of Utah David E. Lifferth THIRD DISTRICT: County of Cache Jack R. Draxler FOURTH DISTRICT: Counties of Cache Edward H. Redd FIFTH DISTRICT: County of Cache R. Curt Webb SIXTH DISTRICT: County of Utah Jake Anderegg SEVENTH DISTRICT: County of Weber Ryan D. Wilcox EIGHTH DISTRICT: County of Weber Gage Froerer NINTH DISTRICT: County of Weber Jeremy Peterson TENTH DISTRICT: County of Weber Dixon M. Pitcher ELEVENTH DISTRICT: Counties of Davis, Weber Brad L. Dee TWELFTH DISTRICT: County of Weber, Davis Richard A. Greenwood THIRTEENTH DISTRICT: County of Davis Paul Ray FOURTEENTH DISTRICT: County of Davis Curtis Oda FIFTEENTH DISTRICT: County of Davis Brad R. Wilson SIXTEENTH DISTRICT: County of Davis Stephen G. Handy SEVENTEENTH DISTRICT: County of Davis Stewart E. Barlow EIGHTEENTH DISTRICT: County of Davis Roger E. Barrus NINETEENTH DISTRICT: County of Davis Jim Nielson TWENTIETH DISTRICT: County of Davis Becky Edwards TWENTY-FIRST DISTRICT: County of Tooele Douglas Sagers TWENTY-SECOND DISTRICT: County of Salt Lake Susan Duckworth TWENTY-THIRD DISTRICT: County of Salt Lake Jennifer M. Seelig TWENTY-FOURTH DISTRICT: County of Salt Lake Rebecca Chavez-Houck TWENTY-FIFTH DISTRICT: County of Salt Lake, Joel K. Briscoe TWENTY-SIXTH DISTRICT: County of Salt Lake Angela Romero TWENTY-SEVENTH DISTRICT: County of Utah Michael S. Kennedy TWENTY-EIGHTH DISTRICT: Counties of Salt Lake, Brian S. King Summit TWENTY-NINTH DISTRICT: Counties of Box Elder, Lee B. Perry Weber THIRTIETH DISTRICT: County of Salt Lake Janice Fisher THIRTY-FIRST DISTRICT: County of Salt Lake Larry B. Wiley THIRTY-SECOND DISTRICT: County of Salt Lake LaVar Christensen THIRTY-THIRD DISTRICT: County of Salt Lake Craig Hall Jr. THIRTY-FOURTH DISTRICT: County of Salt Lake Johnny Anderson THIRTY-FIFTH DISTRICT: County of Salt Lake Mark A. Wheatley THIRTY-SIXTH DISTRICT: County of Salt Lake Patrice Arent THIRTY-SEVENTH DISTRICT: County of Salt Lake Carol Spackman Moss THIRTY-EIGHTH: County of Salt Lake Eric K. Hutchings THIRTY-NINTH DISTRICT: County of Salt Lake Jim Dunnigan FORTIETH DISTRICT: County of Salt Lake Lynn N. Hemingway FORTY-FIRST DISTRICT: County of Salt Lake Daniel McCay FORTY-SECOND DISTRICT: County of Salt Lake Jim Bird FORTY-THIRD DISTRICT: County of Salt Lake Earl Tanner FORTY-FOURTH DISTRICT: County of Salt Lake Tim M. Cosgrove FORTY-FIFTH DISTRICT: County of Salt Lake Steven Eliason FORTY-SIXTH DISTRICT: County of Salt Lake Marie H. Poulson FORTY-SEVENTH DISTRICT: County of Salt Lake Ken Ivory FORTY-EIGHTH DISTRICT: County of Utah Keven J. Stratton FORTY-NINTH DISTRICT: County of Salt Lake Derek Brown FIFTIETH DISTRICT: County of Salt Lake Rich Cunningham FIFTY-FIRST DISTRICT: County of Salt Lake Gregory H. Hughes FIFTY-SECOND DISTRICT: County of Salt Lake John Knotwell FIFTY-THIRD DISTRICT: Counties of Daggett, Melvin R. Brown Duchesne, Morgan, Rich, Summit FIFTY-FOURTH DISTRICT: Counties of Wasatch, Kraig Powell Summit FIFTY-FIFTH DISTRICT: Counties of Duchesne, Uintah John G. Mathis FIFTY-SIXTH DISTRICT: County of Utah Kay J. Christofferson FIFTY-SEVENTH DISTRICT: County of Utah Brian M. Greene FIFTY-EIGHTH DISTRICT: County of Juab, Sanpete Spencer J. Cox FIFTY-NINTH DISTRICT: County of Utah Val Peterson SIXTIETH DISTRICT: County of Utah Dana Layton SIXTY-FIRST DISTRICT: County of Utah Keith Grover SIXTY-SECOND DISTRICT: County of Washington Jon Stanard SIXTY-THIRD DISTRICT: County of Utah Dean Sanpei SIXTY-FOURTH DISTRICT: County of Utah Rebecca D. Lockhart SIXTY-FIFTH DISTRICT: County of Utah Francis D. Gibson SIXTY-SIXTH DISTRICT: County of Utah Michael K. McKell SIXTY-SEVENTH DISTRICT: County of Utah Marc Roberts SIXTY-EIGHTH DISTRICT: Counties of Beaver, Juab, Merrill F. Nelson Millard, Tooele, Utah SIXTY-NINTH DISTRICT: Counties of Carbon, Jerry B. Anderson Duchesne, Emery, Grand SEVENTIETH DISTRICT: Counties of Emery, Grand, Kay L. McIff Sanpete, Sevier SEVENTY-FIRST DISTRICT: County of Washington, Iron Bradley G. Last SEVENTY-SECOND DISTRICT: County of Iron John R. Westwood SEVENTY-THIRD DISTRICT: Counties of Beaver, Michael E. Noel Garfield, Kane, Piute, San Juan, Sevier, Wayne SEVENTY-FOURTH DISTRICT: County Washington V. Lowry Snow SEVENTY-FIFTH DISTRICT: County of Washington Don L. Ipson IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the Great Seal of the State of Utah this 1st day of July, 2013 at Salt Lake City, Utah. Sincerely, Greg S. Bell Lieutenant Governor Communication filed. MISCELLANEOUS BUSINESS Roll call showed all members present, except Representatives Rebecca Chavez-Houck and Kraig Powell, excused. On motion of Representative Sanpei, the House voted to adopt the same House Rules as were adopted by the 2013 General Session of the 60th Legislature. On motion of Representative Dee, and as allowed by the Utah Constitution and the Joint Rules of the Legislature, the House voted to continue its practice of reading only the short title of resolutions as they are introduced or considered on a House calendar and not read the long title of resolutions, unless a majority of the House directs the reading of the long title of any House resolution. INTRODUCTION OF RESOLUTION H.R. 9001, House Rules Resolution Forming Special Investigative Committee (D. Sanpei), was read the first time by short title and referred to the Rules Committee. MISCELLANEOUS BUSINESS On motion of Representative Sanpei, the House voted to lift H.R. 9001 from the Rules Committee and read it for the second time. This resolution has had an interim committee hearing. THIRD READING CALENDAR H.R. 9001, HOUSE RULES RESOLUTION FORMING SPECIAL INVESTIGATIVE COMMITTEE, Representative Sanpei, was read the third time by short title and placed on its final passage. Representative V. Peterson proposed Amendment 3: 1. Page 3, Lines 73 through 75: 73 (c) The members of the Special Investigative Committee who do not vote in favor of 74 the final report described in Subsection (11)(a), may present a minority report to the Speaker at 75 the same time that the final report is presented to the Speaker. #(d) The Special Investigative Committee shall provide the House periodic accounting detailing the ongoing costs incurred in the investigation.# Representative Hemingway and Nielson commented. Representative V. Peterson's motion to amend passed on a voice vote. ~ ~ ~ Representative Nielson proposed Amendment 11: 1. Page 2, Lines 53 through 56: 53 (b) investigate matters related to the current attorney general that arise as part of the 54 investigation; #{#and#}## 55 (c) report to the House findings of fact about the matters investigated and the need, if 56 any, for legislation#{#.#}#; and (d) be limited to investigating potential violations under Utah Constitution, Article VI, Section 19.# Representatives Sanpei and Ivory commented. Representative Hutchings moved a substitute motion to amend with Amendment 13: 1. Page 2, Lines 32 through 34: 32 (1) There is created a Special Investigative Committee to investigate allegations #of misconduct#against 33 the current attorney general and matters related to the attorney general that arise as part of the 34 investigation. 2. Page 2, Lines 51 through 56: 51 (7) The Special Investigative Committee shall: 52 (a) investigate allegations #of misconduct#against the current attorney general; 53 (b) investigate matters related to the current attorney general that arise as part of the 54 investigation; and 55 (c) report to the House findings of fact about the matters investigated and the need, if 56 any, for legislation. 3. Page 2, Line 57 through Page 3, Line 63: 57 (8) #(a)# The Special Investigative Committee may investigate allegations #of misconduct#against the current 58 attorney general #{#that#}#which conduct# occurred while the current attorney general: 59 #{#(a) was admitted to a state bar and that relate to the current attorney general's fitness to 60 subsequently serve as deputy attorney general or attorney general;#}# 61 #{#(b)#}#(i)# served as deputy attorney general; 62 #{#(c)#}#(ii)# was a candidate# , as defined in Section 20A-11-101,# for attorney general; and 63 #{#(d)#}#(iii)# has served as attorney general. #(b) The committee may investigate allegations of misconduct that relate to the current attorney general's fitness to serve as deputy attorney general or attorney general, that occurred before the current attorney general became deputy attorney general, if the committee approves the investigation by majority vote.# 4. Page 3, Line 65: 65 (10) The Special Investigative Committee# {#may#}#shall# adopt guidelines and procedures to be Representatives Nielson, Sanpei, Anderegg, Wilson, Ivory, and Snow commented. Representative Hutchings' substitute motion to amend passed on a voice vote. ~ ~ ~ Representative McIff proposed a verbal amendment as follows: 1. Page 3, Line 63 (refer to Amendment 13): At the end of the line delete #majority" and insert #two-thirds" Representatives Sanpei, Tanner, King, and Sagers commented. Representative McIff's motion to amend failed on the following roll call: Yeas, 27; Nays, 45; Absent or not voting, 3. Voting in the affirmative were: Representatives Jerry A Johnny A Barlow Barrus Brown M Christensen Edwards Froerer Handy Hughes Hutchings Ivory Last McIff Nelson Nielson Noel Oda Perry Peterson J Pitcher Roberts Snow Stanard Webb Wilcox Wiley Voting in the negative were: Representatives Anderegg Arent Bird Briscoe Brown D Christofferson Cosgrove Cox Cunningham Dee Draxler Duckworth Dunnigan Eliason Fisher Gibson Greene Greenwood Grover Hall Hemingway Ipson Kennedy King Knotwell Layton Lifferth Mathis McKell Menlove Moss Peterson V Poulson Ray Redd Romero Sagers Sanpei Seelig Stratton Tanner Westwood Wheatley Wilson Lockhart Absent or not voting were: Representatives Chavez-Houck McCay Powell ~ ~ ~ Representative D. Brown proposed Amendment 4: 1. Page 3, Lines 73 through 75: 73 (c) The members of the Special Investigative Committee who do not vote in favor of 74 the final report described in Subsection (11)(a), may present a minority report to the Speaker at 75 the same time that the final report is presented to the Speaker. #(d) The final report and minority report, if any, shall present the information and evidence gathered by the Special Investigative Committee, and may not include specific recommendations for actions, except for recommendations for legislation, if any. # Representatives Sanpei commented. Representative Wiley proposed a substitute verbal amendment as follows: 1. Page 3, Line 71, 74 and 75: Delete #Speaker" and insert #House" 2. Include the written portion of Amendment 4 with the above changes. Representatives Sanpei, Anderegg, and King commented. Representative Wiley's substitute motion to amend passed on a voice vote. ~ ~ ~ Representative King proposed to delete H.R. 9001 in title and body and insert 1st Sub. H.R. 9001 in lieu thereof. Representatives Dee, Moss, Briscoe, Barrus, Stanard, Greene, Sanpei, and Cox commented. Representative King's motion to substitute failed on the following roll call: Yeas, 13; Nays, 58; Absent or not voting, 4. Voting in the affirmative were: Representatives Arent Briscoe Cosgrove Duckworth Fisher Hemingway King Moss Poulson Romero Seelig Wheatley Wiley Voting in the negative were: Representatives Anderegg Jerry A Barlow Barrus Bird Brown D Brown M Christensen Christofferson Cox Cunningham Dee Draxler Dunnigan Edwards Eliason Froerer Gibson Greene Greenwood Grover Hall Handy Hughes Hutchings Ipson Ivory Kennedy Knotwell Last Layton Lifferth Mathis McIff McKell Menlove Nelson Nielson Noel Oda Perry Peterson J Peterson V Pitcher Ray Redd Roberts Sagers Sanpei Snow Stanard Stratton Tanner Webb Westwood Wilcox Wilson Lockhart Absent or not voting were: Representatives Johnny A Chavez-Houck McCay Powell ~ ~ ~ Representative Hutchings proposed Amendment 17: 1. Page 2, Line 57 through Page 3, Line 63: Delete Subsection (8)(b) inserted by Amendment 13, Item 3 and replace it with the following: #(b) The committee may investigate allegations of misconduct that occurred before the current attorney general became deputy attorney general if: (i) the allegations of misconduct relate to the current attorney general's fitness to serve as attorney general; and (ii) the committee approves the investigation by a majority vote." Representative Hutchings' motion to amend passed on a voice vote. ~ ~ ~ Representative Wiley proposed Amendment 7: 1. Page 2, Lines 35 through 38: 35 (2) The Special Investigative Committee shall consist of nine members of the House 36 appointed by the Speaker#, no more than five members from the same political party#. 37 (3) The Speaker shall designate one of the members to serve as chair of the Special 38 Investigative Committee.#The chair shall be a nonvoting member of the Special Investigative Committee, except the chair may vote to resolve a tie vote of the other members of the Special Investigative Committee. Representative Sanpei commented. Representative McIff proposed a substitute verbal amendment as follows: 1. Page 2, Line 38: Refer to Amendment 7. Delete the new language on line 38. Representatives Sanpei, Anderegg, Greene, J. Peterson, Handy, Seelig, and Wilcox commented. Representative McIff's substitute verbal motion to amend failed on a voice vote. Representative Wiley's motion to amend failed on a voice vote. ~ ~ ~ H.R. 9001, as amended, passed on the following roll call: Yeas, 69; Nays, 3; Absent or not voting, 3. Voting in the affirmative were: Representatives Anderegg Jerry A Johnny A Arent Barlow Barrus Bird Briscoe Brown D Brown M Christensen Christofferson Cosgrove Cox Cunningham Dee Draxler Duckworth Dunnigan Edwards Eliason Fisher Froerer Gibson Greene Greenwood Grover Hall Handy Hemingway Hughes Hutchings Ipson Kennedy King Knotwell Last Layton Lifferth Mathis McIff McKell Menlove Moss Nelson Noel Perry Peterson J Peterson V Pitcher Poulson Ray Redd Roberts Romero Sagers Sanpei Seelig Snow Stanard Stratton Tanner Webb Westwood Wheatley Wilcox Wiley Wilson Lockhart Voting in the negative were: Representatives Ivory Nielson Oda Absent or not voting were: Representatives Chavez-Houck McCay Powell H.R. 9001, as amended, was signed by the Speaker and referred to staff for enrolling and transmission to the Lieutenant Governor for filing. MISCELLANEOUS BUSINESS Speaker Lockhart clarified that Joint Rule 4-1-302 indicates that a House Resolution becomes effective on the date that the resolution receives final approval from the House of Representatives. H.R. 9001 is effective today, July 3, 2013. Speaker Lockhart directed House Chief Clerk Sandy D. Tenney to read, revise and make minor corrections to the daily House Journal and be responsible for certifying the indexed and bound copy as the accurate record of the proceedings of the 2013 First House Session of the 60th Legislature. On motion of Representative Brad Dee, and at 12:45 p.m., the House voted that the 2013 First House Session of the 60th Legislature adjourn sine die. PAGE INDEX H.R. 9001 -- HOUSE RULES RESOLUTION FORMING SPECIAL INVESTIGATIVE COMMITTEE (D. Sanpei) Read the first time by short title and referred to the Rules Committee. 6 Read the second time 6 Read the third time 6 Amendments 7 Signed by Speaker 13