HOUSE JOURNAL OF THE SIXTy-THIRD LEGISLATURE OF THE STATE OF UTAH FOURTH SPECIAL SESSION Virtual Session Anchor Location at the State Capitol Salt Lake City, Utah April 23, 2020 The House was called to order by Speaker Brad Wilson at 2:00 p.m. MISCELLANEOUS BUSINESS The Chief Clerk, Megan Allen, read the following: PROCLAMATION WHEREAS, since the adjournment of the 2020 General Session of the Sixty-third 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 into Special Session; NOW, THEREFORE, I, GARY R. HERBERT, Governor of the State of Utah, by virtue of the authority vested in me by the Constitution and Laws of the State of Utah, do by this Proclamation call the Sixty-third Legislature of the State of Utah into a Fourth Special Session at the Utah State Capitol, in Salt Lake City, Utah, on the 23rd day of April 2020, at or after 1:00 p.m., to consider the following: 1. appropriating certain federal funds accepted by the Legislature in S.J.R. 301 during the Third Special Session of the Sixty-third Legislature of the State of Utah; 2 extending the deadline for payment of the renewal fee for a bar establishment license; 5. making changes to the sales and use tax exemption for sales of fuel to a rail carrier for use in a locomotive engine and enacting related provisions; and 6. creating a program to provide scholarships for students with disabilities to help cover certain costs to attend qualifying private schools, are creating related corporate and individual tax credits for certain donations to the scholarship program. 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 Utah State Capitol in Salt Lake City, Utah, this 21st day of April 2020. Gary R. Herbert Governor Spencer J. Cox Lieutenant Governor CERTIFICATION of membership I, Spencer J. Cox, Lieutenant Governor of the State of Utah, do hereby certify that the attached copy of the Proclamation issued on the 21st day of April, 2020 and signed by Governor Gary R. Herbert, is a true and correct copy of the original Proclamation calling the Sixty-third Legislature of the State of Utah into a Fourth Special Session at the Capitol Complex at Salt Lake City, Utah on the 23rd day of April, 2020, at or after 1:00 PM, for the purposes named in the Proclamation. I FURTHER CERTIFY that the membership of the Utah House of Representatives has not changed from that of the 2020 Third Special Session. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the Great Seal of the State of Utah this 23rd day of April, 2020 at Salt Lake City, Utah. Spencer J. Cox Lieutenant Governor Communication filed. MISCELLANEOUS BUSINESS Roll call showed all members present, except Representative Travis Seegmiller, excused. Speaker Wilson announced that pursuant to Joint Rule 2-1-101, the Rules adopted by the Legislature during the 2020 General Session apply to the conduct of the House during the 2020 Fourth Special Session. Due to the virtual setup of this session, in lieu of notifying committees, Speaker Wilson appointed Representative Stewart Barlow to notify the Governor, via email, that the House is convened in the Fourth Special Session and is organized and ready to receive any communication or message he may have to offer. Speaker Wilson appointed Representative Marc Roberts to notify the Senate, via email, that the House is organized and ready to do business. Representative Barlow reported that, for the purposes of meeting electronically, Governor Herbert has been notified via email that the Legislature is organized and ready to do business. Representative Roberts reported that, for the purposes of meeting electronically, the Senate has been notified via email that the House is organized and ready to do business. On motion of Representative Hawkes, as allowed by the Utah Constitution and the Joint Rules of the Legislature, the House voted, by roll call vote, 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 two-thirds 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 Gibson, the House voted, by roll call vote, that the House suspend the following rules due to the virtual circumstance of this session: Joint Rule 1-2-101, Joint Rule 1-2-102, and Joint Rule 1-2-103 regarding Notifying Committees, Joint Rule 4-1-202(h) and Joint Rule 4-2-101(ii) regarding Cosponsors, and House Rule 1-5-103 regarding the Daily Order of Business. On motion of Representative King, the House voted, by roll call vote, to suspend the rule requiring that bills and resolutions remain on a calendar for one legislative day between second and third readings and that the House also suspend the House Rule requiring a favorable recommendation from a House Standing Committee prior to passage of bills and resolutions. INTRODUCTION OF BILLS H.B. 4001, Pandemic Response Federal Funds Appropriations (B. Last), was read the first time by short title and referred to the Rules Committee. H.B. 4002, Rail Fuel Sales Tax Amendments (J. Ferry), was read the first time by short title and referred to the Rules Committee. H.B. 4003, Special Needs Opportunity Scholarship Program (M. Schultz), was read the first time by short title and referred to the Rules Committee. H.B. 4004, Bar Establishment License Renewal Amendments (T. Hawkes), was read the first time by short title and referred to the Rules Committee. MISCELLANEOUS BUSINESS On motion of Representative Hawkes, under suspension of the rules, the House voted, by roll call vote, to lift the following bills from the Rules committee, read them the second time, and place them on the Third Reading Calendar: H.B. 4002 RAIL FUEL SALES TAX AMENDMENTS (J. Ferry) H.B. 4003 SPECIAL NEEDS OPPORTUNITY SCHOLARSHIP PROGRAM (M. Schultz) H.B. 4004 BAR ESTABLISHMENT LICENSE RENEWAL AMENDMENTS (T. Hawkes) H.B. 4001 PANDEMIC RESPONSE FEDERAL FUNDS APPROPRIATIONS (B. Last) THIRD READING CALENDAR H.B. 4002, RAIL FUEL SALES TAX AMENDMENTS, Representative Ferry, was read the third time by short title and placed on its final passage. Representative Andersen proposed Amendment 1: 1. Page 3, Line 70: 70 reconstruction, or renovation projects related to railroad crossings on #class A,#class B#,# or class C roads; 2. Page 3, Line 74: 74 crossings on #class A,#class B#,# or class C roads; or 3. Page 3, Line 77: 77 the purpose of improving safety at railroad crossings on #class A,#class B#,# or class C roads. 4. Page 3, Line 79: 79 at railroad crossings on #class A,#class B#,# or class C roads, including: Representative Andersen's motion to amend passed on a voice vote. Representatives Handy, Briscoe, Maloy, Robertson, Christiansen, Schultz, Perry, Shipp, Dunnigan, and Gibson commented. H.B. 4002, as amended, passed on the following roll call: Yeas, 63; Nays, 10; Absent or not voting, 2. Voting in the affirmative were: Representatives Acton Albrecht Andersen Arent Ballard Birkeland Brammer Briscoe Brooks Chew Christofferson Coleman Dailey-Provost Duckworth Dunnigan Eliason Ferry Gibson Hall Handy Harrison Hawkes Hawkins Hollins Hutchings Johnson Judkins King Kwan Last Lisonbee Lyman Maloy McKell Miles Moss C Moss J Musselman Owens Perry Peterson Pierucci Pitcher Potter Poulson Quinn Ray Roberts Romero Sagers Schultz Shipp Shurtliff Snider Spendlove Stenquist Stoddard Ward Watkins Weight Wheatley Winder Wilson Voting in the negative were: Representatives Barlow Christiansen Daw Nelson Pulsipher Snow Stratton Strong Thurston Waldrip Absent or not voting were: Representatives Robertson Seegmiller H.B. 4002, as amended, was transmitted to the Senate for its consideration. * * * H.B. 4003, SPECIAL NEEDS OPPORTUNITY SCHOLARSHIP PROGRAM, Representative Schultz, was read the third time by short title and placed on its final passage. On motion of Representative Schultz, the House voted, by roll call vote, to delete H.B. 4003 in title and body and insert 1st Sub. H.B. 4003 in lieu thereof. Representatives Poulson, Daw, Ballard, Lisonbee, Briscoe, and Quinn commented. 1st Sub. H.B. 4003, as substituted, passed on the following roll call: Yeas, 40; Nays, 34; Absent or not voting, 1. Voting in the affirmative were: Representatives Acton Albrecht Andersen Birkeland Brammer Brooks Chew Christiansen Christofferson Coleman Daw Ferry Gibson Handy Hawkes Hawkins Last Lisonbee Lyman Maloy McKell Moss J Musselman Owens Peterson Pierucci Quinn Ray Roberts Robertson Schultz Shipp Snider Snow Stenquist Strong Thurston Ward Watkins Wilson Voting in the negative were: Representatives Arent Ballard Barlow Briscoe Dailey-Provost Duckworth Dunnigan Eliason Hall Harrison Hollins Hutchings Johnson Judkins King Kwan Miles Moss C Nelson Perry Pitcher Potter Poulson Pulsipher Romero Sagers Shurtliff Spendlove Stoddard Stratton Waldrip Weight Wheatley Winder Absent or not voting was: Representative Seegmiller 1st Sub. H.B. 4003, as substituted, was transmitted to the Senate for its consideration. * * * H.B. 4004, BAR ESTABLISHMENT LICENSE RENEWAL AMENDMENTS, Representative Hawkes, was read the third time by short title and placed on its final passage. Representative Shipp commented. H.B. 4004 passed on the following roll call: Yeas, 73; Nays, 0; Absent or not voting, 2. Voting in the affirmative were: Representatives Acton Albrecht Andersen Arent Ballard Barlow Birkeland Brammer Briscoe Brooks Chew Christiansen Christofferson Coleman Dailey-Provost Daw Duckworth Dunnigan Eliason Ferry Gibson Hall Handy Harrison Hawkes Hawkins Hollins Hutchings Johnson Judkins King Kwan Last Lisonbee Lyman Maloy McKell Miles Moss C Moss J Musselman Nelson Owens Perry Peterson Pierucci Pitcher Potter Poulson Pulsipher Quinn Ray Roberts Robertson Romero Sagers Schultz Shipp Shurtliff Snider Snow Spendlove Stenquist Stoddard Stratton Strong Thurston Waldrip Ward Watkins Weight Wheatley Wilson Absent or not voting were: Representatives Seegmiller Winder H.B. 4004 was transmitted to the Senate for its consideration. * * * H.B. 4001, PANDEMIC RESPONSE FEDERAL FUNDS APPROPRIATIONS, Representative Last, was read the third time by short title and placed on its final passage. Representatives Johnson, McKell, and Eliason commented. Representative Ward proposed Amendment 2: 1. Page 2, Line 58: After line 58 insert: The Legislature intends that no appropriation of federal, state, or agency funds be expended to directly purchase medications for a government stockpile unless the medication is for a United States Food and Drug Administration approved purpose and intended for on-label use. Representatives Last, Harrison, Albrecht, C. Moss, Ray, Barlow, Pierucci, and Stoddard commented. Representative Ward's motion to amend failed on a roll call vote. H.B. 4001 passed on the following roll call: Yeas, 59; Nays, 14; Absent or not voting, 2. Voting in the affirmative were: Representatives Acton Albrecht Andersen Ballard Barlow Birkeland Brammer Brooks Chew Christiansen Christofferson Coleman Daw Duckworth Dunnigan Eliason Ferry Gibson Hall Handy Hawkes Hawkins Hutchings Johnson Judkins Kwan Last Lisonbee Lyman Maloy McKell Miles Moss J Musselman Nelson Owens Perry Peterson Pierucci Potter Pulsipher Ray Roberts Robertson Sagers Schultz Shipp Snider Snow Spendlove Stenquist Stratton Strong Thurston Waldrip Ward Watkins Winder Wilson Voting in the negative were: Representatives Arent Briscoe Dailey-Provost Harrison Hollins King Moss C Pitcher Poulson Romero Shurtliff Stoddard Weight Wheatley Absent or not voting were: Representatives Quinn Seegmiller H.B. 4001 was transmitted to the Senate for its consideration. MISCELLANEOUS BUSINESS On motion of Representative Gibson, and at 4:05 p.m., the House voted to recess until 6:30 p.m. Speaker Wilson called the House to order at 6:25 p.m. COMMUNICATIONS FROM THE SENATE Mr. Speaker: April 23, 2020 The Senate passed, H.B. 4001, PANDEMIC RESPONSE FEDERAL FUNDS APPROPRIATIONS, by Representative B. Last, which has been signed by the President and it is transmitted for the signature of the Speaker; and The Senate passed, H.B. 4002, RAIL FUEL SALES TAX AMENDMENTS, by Representative J. Ferry, which has been signed by the President and it is transmitted for the signature of the Speaker; and The Senate passed, 1st Sub. H.B. 4003, SPECIAL NEEDS OPPORTUNITY SCHOLARSHIP PROGRAM, by Representative M. Schultz, which has been signed by the President and it is transmitted for the signature of the Speaker; and The Senate passed, H.B. 4004, BAR ESTABLISHMENT LICENSE RENEWAL AMENDMENTS, by Representative T. Hawkes, which has been signed by the President and it is transmitted for the signature of the Speaker. Jennifer Storie Secretary of the Senate Communications filed. The bills were signed by the Speaker and referred to staff for enrolling and transmission to the Governor. MISCELLANEOUS BUSINESS Due to meeting electronically, Speaker Wilson appointed Representative Jennifer Dailey-Provost to notify the Governor via email that the Legislature is prepared to adjourn sine die. Due to meeting electronically, Speaker Wilson appointed Representative Brad Daw to notify the Senate via email that the House is prepared to adjourn sine die. Representative Dailey-Provost reported that the Governor has been notified via email that the Legislature is prepared to adjourn sine die. Representative Daw reported that the Senate has been notified via email that the House is prepared to adjourn sine die. On motion of Representative Gibson, and at 6:30 p.m., the House voted, by roll call vote, that the Fourth Special Session of the 63rd Legislature adjourn sine die. HOUSE JOURNAL PAGE INDEX H.B. 4001 -- PANDEMIC RESPONSE FEDERAL FUNDS APPROPRIATIONS (B. Last) Read the first time by short title and referred to the Rules Committee. 4 Read the second time 4 Read the third time 7 Amendment failed 8 Transmitted to the Senate 9 Signed by the Speaker and transmitted to the Governor 9 H.B. 4002 -- RAIL FUEL SALES TAX AMENDMENTS (J. Ferry) Read the first time by short title and referred to the Rules Committee. 4 Read the second time 4 Read the third time 4 Amendments 4 Transmitted to the Senate 6 Signed by the Speaker and transmitted to the Governor 9 H.B. 4003 -- SPECIAL NEEDS OPPORTUNITY SCHOLARSHIP PROGRAM (M. Schultz) Read the first time by short title and referred to the Rules Committee. 4 Read the second time 4 Read the third time 6 Substituted 6 1st Sub. H.B. 4003 -- SPECIAL NEEDS OPPORTUNITY SCHOLARSHIP PROGRAM (M. Schultz) Transmitted to the Senate 7 Signed by the Speaker and transmitted to the Governor 9 H.B. 4004 -- BAR ESTABLISHMENT LICENSE RENEWAL AMENDMENTS (T. Hawkes) Read the first time by short title and referred to the Rules Committee. 4 Read the second time 4 Read the third time 7 Transmitted to the Senate 7 Signed by the Speaker and transmitted to the Governor 9