SENATE JOURNAL EIGHTH DAY April 23, 2020 The Senate was called to order at 8:37 a.m., with President J. Stuart Adams presiding. Prayer - Senator Deidre Henderson Pledge of Allegiance - Senator Curtis Bramble Roll Call - All Senators present READING OF TITLES OF BILLS AND RESOLUTIONS (Please refer to Day 1, Page 4) INTRODUCTION OF BILLS S.B. 3008, Municipal Annexation Revisions (D. G. Buxton), was read the first time by short title and placed on the Second Reading Calendar. THIRD READING CALENDAR On motion of Senator Fillmore, the Senate voted to suspend the 24-hour rule. On motion of Senator Fillmore, under suspension of the rules, the Senate voted to reconsider its action on 1st Sub. S.B. 3006, COVID-19 FINANCIAL RELIEF FUNDING. 1st Sub. S.B. 3006, COVID-19 FINANCIAL RELIEF FUNDING, was before the Senate, explained by Senator Fillmore. On motion of Senator Fillmore, the following substitute bill replaced the original bill: 2nd Sub. S.B. 3006 COVID-19 Financial Relief Funding (L. Fillmore) Senator Fillmore proposed the following amendment #2: 1. Page 3, Lines 61 through 64: 61 (2) The commission shall establish and administer a COVID-19 Agricultural 62 Operations Grant Program to ensure in this state the continuation of food #and fiber#production, the 63 maintenance of #{#food#}#product# supply chains, and the ability to get #{#food#}# products to market during and 64 immediately following the COVID-19 emergency. 2. Page 3, Lines 73 through 77: 73 (ii) for the purpose of assisting an agricultural operation with the financial harm 74 described in Subsection (3)(a)(i), including measures to continue food #and fiber#production in the state, 75 maintain the agricultural operation's supply chains, or deliver the agricultural operation's 76 product to market; and 77 (iii) in an amount not to exceed $40,000. Senator Fillmore's motion to amend passed on a voice vote. Senators Bramble, Escamilla, Sandall, Okerlund, and Hemmert commented and the bill passed on the following roll call: Yeas, 29; Nays, 0; Absent or not voting, 0. Voting in the affirmative were: Senators Anderegg Bramble Buxton Christensen Cullimore Davis Escamilla Fillmore Grover Harper Hemmert Henderson Hillyard Hinkins Ipson Iwamoto Kitchen Mayne McCay Millner Okerlund Riebe Sandall Stevenson Thatcher Vickers Weiler Winterton Adams 2nd Sub. S.B. 3006 was transmitted to the House for consideration. On motion of Senator Fillmore, the Senate voted to place the following Intent Language on the Senate Journal: Intent language #The Legislature intends that the COVID-19 Agricultural Operations Grant Program, COVID-19 Residential Housing Assistance program, and COVID-19 Commercial Rental Assistance Program created in #COVID-19 Financial Relief Funding" (Senate Bill 3006, 2020 Third Special Session) shall only receive funding if such programs are deemed allowable uses of federal Coronavirus Relief Fund grants under pending guidance from the United States Treasury Department." SECOND READING CALENDAR On motion of Senator Vickers, the circle was removed from H.B. 3005, PANDEMIC RESPONSE AND CONSULTATION ACT, and it was before the Senate. On motion of Senator Vickers, the following substitute bill replaced the original bill: 2nd Sub. H.B. 3005 Pandemic and Emergency Response and Act (F. Gibson) On motion of Senator Vickers, the Senate voted to suspend the rules. On motion of Senator Vickers, under suspension of the rules, 2nd Sub. H.B. 3005, PANDEMIC AND EMERGENCY RESPONSE ACT, was considered read the first, second, and third times and passed on the following roll call: Yeas, 27; Nays, 2; Absent or not voting, 0. Voting in the affirmative were: Senators Anderegg Bramble Buxton Christensen Cullimore Escamilla Fillmore Grover Harper Hemmert Henderson Hillyard Hinkins Ipson Kitchen Mayne McCay Millner Okerlund Riebe Sandall Stevenson Thatcher Vickers Weiler Winterton Adams Voting in the negative were: Senators Davis Iwamoto 2nd Sub. H.B. 3005, as substituted, was returned to the House for further consideration. * * * On motion of Senator Cullimore, the circle was removed from S.B. 3007, CONTAGIOUS VIRUS PROVISIONS, and it was before the Senate. On motion of Senator Cullimore, the following substitute bill replaced the original bill: 1st Sub. S.B. 3007 Contagious Virus Provisions (K. A. Cullimore) Senator Cullimore explained the bill. Senator Iwamoto proposed the following amendment #1: 1. Page 2, Lines 44 through 45: 44 (4) The immunity in Subsection (2) is in addition to any other immunity protections 45 that may apply in state or federal law. #(5)(a) A person is immune under Subsection (2) only if the person provides notice that the person is immune from civil liability for exposure to COVID-19 unless the person engages in willful misconduct, reckless infliction of harm, or intentional infliction of harm. (b) The notice required by this Subsection (5) shall be: (i) posted at each public entrance of the premises the person owns or operates; (ii) included with any waiver or consent required for an activity managed by the person; or (iii) if Subsection (5)(b)(i) or (ii) does not apply, in a conspicuous manner in the information about an activity managed by the person. # Senator Iwamoto's motion to amend failed on a voice vote. Senators Hillyard, Kitchen, Sandall, Weiler, Riebe, Escamilla, and Hemmert commented. On motion of Senator Cullimore, under suspension of the rules, 1st Sub. S.B. 3007, CONTAGIOUS VIRUS PROVISIONS, was considered read the second and third times. The bill passed on the following roll call: Yeas, 22; Nays, 6; Absent or not voting, 1. Voting in the affirmative were: Senators Anderegg Bramble Buxton Cullimore Fillmore Grover Harper Hemmert Henderson Hillyard Hinkins Ipson Kitchen McCay Millner Okerlund Sandall Stevenson Thatcher Vickers Winterton Adams Voting in the negative were: Senators Davis Escamilla Iwamoto Mayne Riebe Weiler Absent or not voting was: Senator Christensen 1st Sub. S.B. 3007 was transmitted to the House. On motion of Senator Cullimore, the Senate voted to include the following Intent Language in the Senate Journal: Intent language #In light of the COVID-19 pandemic, the Legislature finds that to facilitate people's participation in social and economic activities the Legislature needs to address the fear of litigation over exposure to COVID-19. The possibility of abusive litigation for people who own or operate premises or manage activities are clear social and economic evils that needs to be addressed. Removing the fear of litigation from COVID-19 exposure makes it likelier for people to participate in the economy or in institutional activities such as churches, schools, and government services. The Legislature finds that providing immunity from civil actions to these people, except in cases of willful misconduct, reckless infliction of harm, or intentional infliction of harm, is a reasonable method to address the social and economic evils. Additionally, the Legislature finds that to facilitate businesses' response and encourage participation in potential tracking and reporting of the COVID-19 pandemic. That 1st Sub. SB 3007 addresses social and economic evils in helping to track and curb the pandemic." * * * On motion of Senator Buxton, under suspension of the rules, S.B. 3008, MUNICIPAL ANNEXATION REVISIONS, was considered read the second and third times. Senator Buxton explained the bill. The bill failed on the following roll call: Yeas, 11; Nays, 18; Absent or not voting, 0. Voting in the affirmative were: Senators Buxton Christensen Cullimore Fillmore Hemmert Hinkins Mayne McCay Millner Thatcher Adams Voting in the negative were: Senators Anderegg Bramble Davis Escamilla Grover Harper Henderson Hillyard Ipson Iwamoto Kitchen Okerlund Riebe Sandall Stevenson Vickers Weiler Winterton S.B. 3008 was filed. * * * On motion of Senator Vickers, the Senate recessed at 10:20 a.m. AFTERNOON SESSION The Senate reassembled at 1:00 p.m., with President Adams presiding. COMMUNICATIONS FROM THE HOUSE Mr. President: April 23, 2020 The House concurred in the Senate amendments and passed 2nd Sub. H.B. 3005, PANDEMIC AND EMERGENCY RESPONSE ACT, by Representative F. Gibson, and it is transmitted for the signature of the President. Megan S. Allen, Chief Clerk The bill was signed by the President of the Senate in open session and returned to the House for the signature of the Speaker. Mr. President: April 23, 2020 The Speaker of the House has signed, S.B. 3002, EMERCENCY HEALTH CARE ACCESS AND IMMUNITY AMENDMENTS, by Senator E. Vickers, and it is transmitted for the signature of the President; and The House passed, 2nd Sub. S.B. 3006, COVID-19 FINANCIAL RELIEF FUNDING, by Senator L. Fillmore, which has been signed by the Speaker, and it is transmitted for the signature of the President; and The House passed, 1st Sub. S.B. 3007, COVID-19 PROVISIONS, by Senator K. A. Cullimore, which has been signed by the Speaker, and it is transmitted for the signature of the President. Megan S. Allen, Chief Clerk The bills were signed by the President of the Senate in open session. The bills will be enrolled and transmitted to the Governor. * * * President Adams appointed Senator Hemmert to notify the Governor via email that the Senate has concluded its business in the Third Special Session of the 63rd Legislature and is ready to adjourn sine die. President Adams appointed Senator Millner to notify the House of Representatives via email that the Senate has concluded its business in the Third Special Session of the 63rd Legislature and is ready to adjourn sine die. Senator Hemmert reported that the Governor has been notified via email that the Senate has concluded its business and is ready to adjourn sine die. Senator Millner reported that the House of Representatives has been notified via email that the Senate has concluded its business and is ready to adjourn sine die. * * * On motion of Senator Vickers, and at 1:05 p.m. the Senate adjourned sine die. PAGE INDEX (DAY 1-8) 1st Sub. H.B. 3001 -- BOND AMENDMENTS (B. Last) Read the first time by short title and placed on the calendar 5 Read the second and third times 11 Signed by the President and returned to the House 12 1st Sub. H.B. 3002 -- APPROPRIATIONS REVISIONS (B. Last) Read the first time by short title and placed on the calendar 5 Read the second and third times 12 Signed by the President and returned to the House 12 H.B. 3003 -- INCOME TAX REVISIONS (R. Spendlove) Read the first time by short title and placed on the calendar 5 Read the second and third times 12 Signed by the President and returned to the House 13 H.B. 3005 -- PANDEMIC RESPONSE AND CONSULTATION ACT (F. Gibson) Read the first time by short title and placed on the calendar 5 Read the second time 13 Circled 13 Uncircled 25 Substituted 25 2nd Sub. H.B. 3005 -- PANDEMIC AND EMERGENCY RESPONSE ACT (F. Gibson) Read the first, second, and third times 25 Returned to the House 25 Signed by the President and returned to the House 28 1st Sub. H.B. 3006 -- ELECTION AMENDMENTS (J. Moss) Read the first time by short title and placed on the calendar 6 Read the second and third times 13 Signed by the President and returned to the House 13 1st Sub. H.B. 3007 -- COVID-19 WORKERS' COMPENSATION AMENDMENTS FOR FIRST RESPONDERS (F. Gibson) Read the first time by short title and placed on the calendar 6 Read the second and third times 13 Signed by the President and returned to the House 14 H.C.R. 301 -- CONCURRENT RESOLUTION HONORING HEALTHCARE WORKERS AND OTHERS (M.G. Ballard) Read the first time by short title and placed on the calendar 6 Read the second and third times 14 Signed by the President and returned to the House 14 H.J.R. 301 -- JOINT RESOLUTION URGING FISCAL RESPONSIBILITY (J. Moss) Read the first time by short title and placed on the calendar 6 Read the second and third times 15 Signed by the President and returned to the House 15 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 placed on the calendar 17 Read the second and third times 19 Signed by the President and returned to the House 19 S.B. 3001 -- PANDEMIC RESPONSE APPROPRIATIONS ADJUSTMENTS (J. Stevenson) Read the first time by short title and placed on the calendar. 5 Read the second and third times 6 Transmitted to the House 6 Signed by the President and transmitted to the Governor 17 S.B. 3002 -- EMERGENCY HEALTH CARE ACCESS AND IMMUNITY AMENDMENTS (E. Vickers) Read the first time by short title and placed on the calendar. 5 Read the second time 7 Amendments 7 Read the second and third times 8 Transmitted to the House 8 Placed on Concurrence Calendar 17 Concurrence 18 Returned to the House 18 Signed by the President and transmitted to the Governor 28 S.B. 3003 -- UNEMPLOYMENT BENEFITS AMENDMENTS (A. Millner) Read the first time by short title and placed on the calendar. 5 Read the second and third times 9 Transmitted to the House 9 Signed by the President and transmitted to the Governor 17 S.B. 3004 -- COVID-19 HEALTH AND ECONOMIC RESPONSE ACT (D. Hemmert) Read the first time by short title and placed on the calendar. 5 Read the second time 9 Substituted 9 2nd Sub. S.B. 3004 -- COVID-19 HEALTH AND ECONOMIC RESPONSE ACT (D. Hemmert) Read the second and third times 9 Transmitted to the House 10 Signed by the President and transmitted to the Governor 18 S.B. 3005 -- EDUCATION MODIFICATIONS (D. Henderson) Read the first time by short title and placed on the calendar. 5 Read the second time 10 Substituted 10 1st Sub. S.B. 3005 -- EDUCATION MODIFICATIONS (D. Henderson) Read the second and third times 10 Transmitted to the House 10 Signed by the President and transmitted to the Governor 18 S.B. 3006 -- COVID-19 FINANCIAL RELIEF FUNDING (L. Fillmore) Read the first time by short title and placed on the calendar. 5 Read the second time 10 Circled 10 Uncircled 19 Substituted 19 1st Sub. S.B. 3006 -- COVID-19 FINANCIAL RELIEF FUNDING (L. Fillmore) Amendments 19 Read the second and third times 20 Transmitted to the House 20 Reconsider 23 Before the Senate 23 Substituted 23 2nd Sub. S.B. 3006 -- COVID-19 FINANCIAL RELIEF FUNDING (L. Fillmore) Amendments 23 Transmitted to the House 24 Signed by the President and transmitted to the Governor 28 S.B. 3007 -- CONTAGIOUS VIRUS PROVISIONS (K. A. Cullimore) Read the first time by short title and placed on the calendar. 18 Read the second time 19 Circled 19 Uncircled 25 Substituted 26 1st Sub. S.B. 3007 -- COVID-19 PROVISIONS (K. A. Cullimore) Amendment failed 26 Read the second and third times 26 Transmitted to the House 27 Signed by the President and transmitted to the Governor 28 S.B. 3008 -- MUNICIPAL ANNEXATION REVISIONS (D. G. Buxton) Read the first time by short title and placed on the calendar. 23 Read the second and third times 27 Failed 27 Filed 28 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 placed on the calendar. 5 Read the second and third times 10 Transmitted to the House 11 Signed by the President and transmitted to the Governor 18