HOUSE JOURNAL SECOND DAY APRIL 17, 2020 * * * MORNING SESSION The House was called to order by Speaker Wilson at 9:00 a.m. Roll call showed all members present except Representative Scott Chew, excused. Prayer offered by Representative Joel Briscoe. Pledge of Allegiance led by Jon Hawkins. COMMUNICATIONS FROM THE SENATE Mr. Speaker: April 17, 2020 The Senate passed, 1st Sub. H.B. 3001, BOND AMENDMENTS, 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, 1st Sub. H.B. 3002, APPROPRIATIONS REVISIONS, 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. 3003, INCOME TAX REVISIONS, by Representative R. Spendlove, 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. 3006, ELECTION AMENDMENTS, by Representative J. Moss, 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. 3007, COVID-19 WORKERS' COMPENSATION AMENDMENTS FOR FIRST RESPONDERS, by Representative F. Gibson, which has been signed by the President and it is transmitted for the signature of the Speaker; and The Senate passed, H.C.R. 301, CONCURRENT RESOLUTION HONORING HEALTHCARE WORKERS AND OTHERS, by Representative M.G. Ballard, which has been signed by the President and it is transmitted for the signature of the Speaker; and The Senate passed, H.J.R. 301, JOINT RESOLUTION URGING FISCAL RESPONSIBILITY, by Representative J. Moss, 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. * * * Mr. Speaker: March 17, 2020 The Senate passed S.B. 3001, PANDEMIC RESPONSE APPROPRIATIONS ADJUSTMENTS, by Senator J. Stevenson, and it is transmitted for consideration; and The Senate passed, as amended, S.B. 3002, EMERGENCY HEALTH CARE ACCESS AND IMMUNITY AMENDMENTS, by Senator E. Vickers, and it is transmitted for consideration; and The Senate passed S.B. 3003, UNEMPLOYMENT BENEFITS AMENDMENTS, by Senator A. Millner, and it is transmitted for consideration; and The Senate passed, as substituted, 2nd Sub. S.B. 3004, COVID-19 HEALTH AND ECONOMIC RESPONSE ACT, by Senator D. Hemmert, and it is transmitted for consideration; and The Senate passed, as substituted, 1st Sub. S.B. 3005, EDUCATION MODIFICATIONS, by Senator D. Henderson, and it is transmitted for consideration; and The Senate passed S.J.R. 301, JOINT RESOLUTION APPROVING ACCEPTANCE OF FEDERAL FUNDS IN RESPONSE TO COVID-19, by Senator J. Stevenson, and it is transmitted for consideration. Jennifer Storie Secretary of the Senate Communications filed. The bills were read the first time by short title and referred to the Rules Committee. INTRODUCTION OF BILL H.J.R. 302, Joint Resolution Extending the State of Emergency Due to 5.7 Magnitude Earthquake (S. Duckworth), was read the first time by short title and referred to the Rules Committee. MISCELLANEOUS BUSINESS On motion of Representative Spendlove, 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 their respective Third Reading Calendars: S.J.R. 301 JOINT RESOLUTION APPROVING ACCEPTANCE OF FEDERAL FUNDS IN RESPONSE TO COVID-19 (J. Stevenson) S.B. 3001 PANDEMIC RESPONSE APPROPRIATIONS ADJUSTMENTS (J. Stevenson) S.B. 3002 EMERGENCY HEALTH CARE ACCESS AND IMMUNITY AMENDMENTS (E. Vickers) S.B. 3003 UNEMPLOYMENT BENEFITS AMENDMENTS (A. Millner) 1st Sub. S.B. 3005 EDUCATION MODIFICATIONS (D. Henderson) 2nd Sub. S.B. 3004 COVID-19 HEALTH AND ECONOMIC RESPONSE ACT (D. Hemmert) H.J.R. 302 JOINT RESOLUTION EXTENDING THE STATE OF EMERGENCY DUE TO 5.7 MAGNITUDE EARTHQUAKE (S. Duckworth) THIRD READING CALENDAR S.J.R. 301, JOINT RESOLUTION APPROVING ACCEPTANCE OF FEDERAL FUNDS IN RESPONSE TO COVID-19, Senator Stevenson, was read the third time by short title and placed on its final passage. On motion of Representative Gibson, the House voted, by roll call vote, to circle S.J.R. 301. * * * S.B. 3001, PANDEMIC RESPONSE APPROPRIATIONS ADJUSTMENTS, Senator Stevenson, was read the third time by short title and placed on its final passage. Representative Last explained the bill. S.B. 3001 passed on the following roll call: Yeas, 72; Nays, 0; Absent or not voting, 3. Voting in the affirmative were: Representatives Acton Albrecht Andersen Arent Ballard Barlow Birkeland Brammer Briscoe Brooks Christiansen Christofferson Coleman Dailey-Provost Daw Duckworth Dunnigan Eliason Ferry Gibson Hall Handy Harrison Hawkins Hollins 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 Seegmiller Shipp Shurtliff Snider Snow Spendlove Stenquist Stoddard Stratton Strong Thurston Waldrip Ward Watkins Weight Wheatley Winder Wilson Absent or not voting were: Representatives Chew Hawkes Hutchings S.B. 3001 was signed by the Speaker and returned to the Senate for signature of the President. UNFINISHED BUSINESS On motion of Representative Last, the House voted, by roll call vote, to uncircle S.J.R. 301. S.J.R. 301, JOINT RESOLUTION APPROVING ACCEPTANCE OF FEDERAL FUNDS IN RESPONSE TO COVID-19, Representative Last, was before the House on its final passage. S.J.R. 301 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 Christiansen Christofferson Coleman Dailey-Provost Daw Duckworth Dunnigan Eliason Ferry Gibson Hall Handy Harrison Hawkes Hawkins Hollins 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 Seegmiller Shipp Shurtliff Snider Snow Spendlove Stenquist Stoddard Stratton Strong Thurston Waldrip Ward Watkins Weight Wheatley Winder Wilson Absent or not voting were: Representatives Chew Hutchings S.J.R. 301 was signed by the Speaker and returned to the Senate for signature of the President. THIRD READING CALENDAR S.B. 3002, EMERGENCY HEALTH CARE ACCESS AND IMMUNITY AMENDMENTS, Senator Vickers, was read the third time by short title and placed on its final passage. Representative Peterson proposed Amendment 4: 1. Page 3, Lines 83a through 83d: 83a ## (iii) the health care provider #{#provides the patient or the patient's representative with an 83b informed consent document that,#}#:# #(A) describes to the patient or the patient's representative,# based on the health care provider's knowledge of the qualified 83c treatment, #{#describes#}# the possible positive and negative outcomes the patient could experience if 83d the health care provider treats the patient with the qualified treatment; and ###(B) documents in the patient's medical record the information provided to the patient or the patient's representative under Subsection (3)(a)(iii)(A) and whether the patient or the patient's representative consented to the treatment; and Representative Peterson's motion to amend passed on a roll call vote. Representative Peterson explained the bill. Representatives Thurston and Pulsipher commented. Representative Ward proposed Amendment 3: 1. Page 1, Lines 17 through 18: #{#17 " provides limited immunity for providing assistance to a state agency to provide a 18 qualified treatment during a major public health emergency;#}# 2. Page 4, Lines 91 through 100: #{#91 (4) (a) A person is immune from civil liability for providing assistance to an agency of 92 the state to manufacture, distribute, dispense, administer, or provide a qualified treatment 93 during a declared major public health emergency if the assistance is provided under contract 94 with and under the direction of the state agency. 95 (b) Subsection (4)(a) does not apply if: 96 (i) the harms are the result of: 97 (A) gross negligence; or 98 (B) intentional or malicious misconduct; or 99 (ii) an act or omission by the person caused ## , ## in whole or in part ## , ## the 99a ## declared ## major public health 100 emergency, and the person would otherwise be liable for the harms.#} Representatives Peterson and Harrison commented. Representative Ward's motion to amend passed on a roll call vote. Representatives Stratton and King commented. S.B. 3002, as amended, passed on the following roll call: Yeas, 65; Nays, 7; Absent or not voting, 3. Voting in the affirmative were: Representatives Acton Albrecht Andersen Arent Ballard Barlow Birkeland Brammer Briscoe Brooks Christiansen Christofferson Coleman Dailey-Provost Duckworth Dunnigan Eliason Ferry Gibson Hall Handy Harrison Hawkes Hawkins Johnson Judkins Kwan Last Lisonbee Lyman Maloy McKell Moss C Moss J Musselman Nelson Owens Perry Peterson Pierucci Potter Poulson Pulsipher Quinn Ray Roberts Robertson Sagers Schultz Seegmiller Shipp Snider Snow Spendlove Stenquist Stoddard Stratton Strong Thurston Waldrip Ward Watkins Weight Winder Wilson Voting in the negative were: Representatives Hollins King Miles Pitcher Romero Shurtliff Wheatley Absent or not voting were: Representatives Chew Daw Hutchings S.B. 3002, as amended, was returned to the Senate for further consideration. * * * S.B. 3003, UNEMPLOYMENT BENEFITS AMENDMENTS, Senator Millner, was read the third time by short title and placed on its final passage. Representative Peterson explained the bill. S.B. 3003 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 Christiansen Christofferson Coleman Dailey-Provost Daw Duckworth Dunnigan Eliason Ferry Gibson Hall Handy Harrison Hawkes Hawkins Hollins 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 Seegmiller Shipp Shurtliff Snider Snow Spendlove Stenquist Stoddard Stratton Strong Thurston Waldrip Ward Watkins Weight Wheatley Winder Wilson Absent or not voting were: Representatives Chew Hutchings S.B. 3003 was signed by the Speaker and returned to the Senate for signature of the President. * * * 1st Sub. S.B. 3005, EDUCATION MODIFICATIONS, Senator Henderson, was read the third time by short title and placed on its final passage. Representative Snow explained the bill. 1st Sub. S.B. 3005 passed on the following roll call: Yeas, 72; Nays, 1; Absent or not voting, 2. Voting in the affirmative were: Representatives Acton Albrecht Andersen Arent Ballard Barlow Birkeland Brammer Briscoe Brooks Christiansen Christofferson Coleman Dailey-Provost Daw Duckworth Dunnigan Eliason Ferry Gibson Hall Handy Harrison Hawkes Hawkins Hollins 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 Winder Wilson Voting in the negative was: Representative Seegmiller Absent or not voting were: Representatives Chew Hutchings 1st Sub. S.B. 3005 was signed by the Speaker and returned to the Senate for signature of the President. * * * 2nd Sub. S.B. 3004, COVID-19 HEALTH AND ECONOMIC RESPONSE ACT, Senator Hemmert, was read the third time by short title and placed on its final passage. Representative Schultz explained the bill. Representatives Stratton, Arent, Dailey-Provost, Thurston, Albrecht, Pulsipher, Roberts, C. Moss, Lyman, Gibson, Handy, Shipp, Quinn, Nelson, Judkins, Dunnigan, Christofferson, Seegmiller, Ray, Robertson, Snow, Coleman, and Perry commented. 2nd Sub. S.B. 3004 passed on the following roll call: Yeas, 59; Nays, 15; Absent or not voting, 1. Voting in the affirmative were: Representatives Acton Albrecht Andersen Ballard Barlow Birkeland Brammer Brooks Christiansen Christofferson Coleman Daw Duckworth Dunnigan Eliason Ferry Gibson Hall Handy Hawkes Hawkins Hutchings Johnson Judkins Last Lisonbee Lyman Maloy McKell Miles Moss J Musselman Nelson Owens Perry Peterson Pierucci Potter Pulsipher Quinn Ray Roberts Robertson Sagers Schultz Seegmiller 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 Kwan Moss C Pitcher Poulson Romero Shurtliff Stoddard Weight Wheatley Absent or not voting was: Representative Chew 2nd Sub. S.B. 3004 was signed by the Speaker and returned to the Senate for signature of the President. INTENT LANGUAGE FOR 2ND SUB. S.B. 3004 On motion of Representative Christiansen, the House voted, by roll call vote, to print the following intent language upon the pages of the House Journal. #The 2020 Legislature recognizes that Utah government efforts thus far expended in the management of the COVID-19 crisis have focused primarily on mitigating the impact on our healthcare system and reducing the number of lives lost. While that intent is most laudable, the 2020 Legislature intends to convey through S.B. 3004, COVID-19 Health and Economic Response Act, the need now to increase the priority placed on expansion of economic activity in the state of Utah. This does not suggest in any way that the needs of the most vulnerable are to be ignored. However, when the commission created by S.B. 3004 develops their recommended plans, the importance of reenergizing the economy must be of at least equal priority to those that have prevailed heretofore." THIRD READING CALENDAR H.J.R. 302, JOINT RESOLUTION EXTENDING THE STATE OF EMERGENCY DUE TO 5.7 MAGNITUDE EARTHQUAKE, Representative Duckworth, was read the third time by short title and placed on its final passage. Representatives Maloy, Judkins, Brammer, Weight, Hutchings, Briscoe, and Dailey-Provost commented. H.J.R. 302 passed on the following roll call: Yeas, 71; Nays, 3; Absent or not voting, 1. Voting in the affirmative were: Representatives Acton Albrecht Andersen Arent Ballard Barlow Birkeland Brammer Briscoe Brooks 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 McKell Miles Moss C Moss J Musselman Nelson Owens Perry Peterson Pierucci Pitcher Potter Poulson Pulsipher Quinn Ray Robertson Romero Sagers Schultz Seegmiller Shipp Shurtliff Snider Snow Spendlove Stenquist Stoddard Stratton Thurston Waldrip Ward Watkins Weight Wheatley Winder Wilson Voting in the negative were: Representatives Maloy Roberts Strong Absent or not voting was: Representative Chew H.J.R. 302 was transmitted to the Senate for its consideration. MISCELLANEOUS BUSINESS On motion of Representative Gibson, the House voted, by roll call vote, to consent to the Senate adjourning for more than 3 days under Article 6, Section 15 of the Utah Constitution and request that the Senate consent for the House to do the same, and at 11:10 a.m., to adjourn until April 23, 2020, at 9:00 a.m. HOUSE JOURNAL PAGE INDEX (DAY 1 - 2) H.B. 3001 -- BOND AMENDMENTS (B. Last) Read the first time by short title and referred to the Rules Committee. 9 Read the second time 10 Read the third time 10 Substituted 10 1st Sub. H.B. 3001 -- BOND AMENDMENTS (B. Last) Transmitted to the Senate 11 Signed by the Speaker and transmitted to the Governor 21 H.B. 3002 -- APPROPRIATIONS REVISIONS (B. Last) Read the first time by short title and referred to the Rules Committee. 9 Read the second time 10 Read the third time 11 Substituted 11 1st Sub. H.B. 3002 -- APPROPRIATIONS REVISIONS (B. Last) Transmitted to the Senate 12 Signed by the Speaker and transmitted to the Governor 21 H.B. 3003 -- INCOME TAX REVISIONS (R. Spendlove) Read the first time by short title and referred to the Rules Committee. 9 Read the second time 10 Read the third time 13 Transmitted to the Senate 14 Signed by the Speaker and transmitted to the Governor 21 H.B. 3004 -- MUNICIPAL ANNEXATION AMENDMENTS (S. Waldrip) Read the first time by short title and referred to the Rules Committee. 9 H.B. 3005 -- PANDEMIC RESPONSE AND CONSULTATION ACT (F. Gibson) Read the first time by short title and referred to the Rules Committee. 9 Read the second time 10 Read the third time 15 Transmitted to the Senate 16 H.B. 3006 -- ELECTION AMENDMENTS (J. Moss) Read the first time by short title and referred to the Rules Committee. 9 Read the second time 10 Read the third time 14 Substituted 14 1st Sub. H.B. 3006 -- ELECTION AMENDMENTS (J. Moss) Amendments 14 Transmitted to the Senate 15 Signed by the Speaker and transmitted to the Governor 21 H.B. 3007 -- COVID-19 WORKERS' COMPENSATION AMENDMENTS FOR FIRST RESPONDERS (F. Gibson) Read the first time by short title and referred to the Rules Committee. 9 Read the second time 10 Read the third time 17 Substituted 17 1st Sub. H.B. 3007 -- COVID-19 WORKERS' COMPENSATION AMENDMENTS FOR FIRST RESPONDERS (F. Gibson) Transmitted to the Senate 18 Signed by the Speaker and transmitted to the Governor 21 H.B. 3008 -- RAIL FUEL SALES TAX AMENDMENTS (J. Ferry) Read the first time by short title and referred to the Rules Committee. 9 H.B. 3009 -- LOCAL GOVERNMENT EMERGENCY RESPONSE (T. Hawkes) Read the first time by short title and referred to the Rules Committee. 10 H.C.R. 301 -- CONCURRENT RESOLUTION HONORING HEALTHCARE WORKERS AND OTHERS (M.G. Ballard) Read the first time by short title and referred to the Rules Committee. 10 Read the second time 10 Read the third time 12 Transmitted to the Senate 13 Signed by the Speaker and transmitted to the Governor 21 H.J.R. 301 -- JOINT RESOLUTION URGING FISCAL RESPONSIBILITY (J. Moss) Read the first time by short title and referred to the Rules Committee. 10 Read the second time 10 Read the third time 16 Transmitted to the Senate 17 Signed by the Speaker and transmitted to the Governor 22 H.J.R. 302 -- JOINT RESOLUTION EXTENDING THE STATE OF EMERGENCY DUE TO 5.7 MAGNITUDE EARTHQUAKE (S. Duckworth) Read the first time by short title and referred to the Rules Committee. 23 Read the second time 23 Read the third time 30 Transmitted to the Senate 31 S.B. 3001 -- PANDEMIC RESPONSE APPROPRIATIONS ADJUSTMENTS (J. Stevenson) Read the first time by short title and referred to Rules Committee 22 Read the second time 23 Read the third time 23 Signed by the Speaker and returned to the Senate 24 S.B. 3002 -- EMERGENCY HEALTH CARE ACCESS AND IMMUNITY AMENDMENTS (E. Vickers) Read the first time by short title and referred to Rules Committee 22 Read the second time 23 Read the third time 25 Amendments 25, 26 Returned to the Senate 27 S.B. 3003 -- UNEMPLOYMENT BENEFITS AMENDMENTS (A. Millner) Read the first time by short title and referred to Rules Committee 22 Read the second time 23 Read the third time 27 Signed by the Speaker and returned to the Senate 28 2nd Sub. S.B. 3004 -- COVID-19 HEALTH AND ECONOMIC RESPONSE ACT (D. Hemmert) Read the first time by short title and referred to Rules Committee 22 Read the second time 23 Read the third time 29 Signed by the Speaker and returned to the Senate 30 1st Sub. S.B. 3005 -- EDUCATION MODIFICATIONS (D. Henderson) Read the first time by short title and referred to Rules Committee 22 Read the second time 23 Read the third time 28 Signed by the Speaker and returned to the Senate 29 S.J.R. 301 -- JOINT RESOLUTION APPROVING ACCEPTANCE OF FEDERAL FUNDS IN RESPONSE TO COVID-19 (J. Stevenson) Read the first time by short title and referred to Rules Committee 22 Read the second time 23 Read the third time 23 Circled 23 Uncircled 24 Signed by the Speaker and returned to the Senate 25