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House reopens Senate Bill 52 after voting impropriety; restitution authority measure passes again

Utah House of Representatives · February 4, 1993
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Summary

The House reopened Senate Bill 52 after the Speaker announced an improper vote procedure and conducted a revote. The bill, which allows the Board of Pardons to file judgments of restitution, passed on revote and will be returned to the Senate.

The Utah House reopened consideration of Senate Bill 52 after the presiding officer notified members of a voting impropriety and then conducted a corrected revote. The bill, which authorizes the Board of Pardons to file a judgment of restitution with the court so parole can be ended while restitution remains collectible, passed the House and will be returned to the Senate for action.

Senate Bill 52 was presented to the House as a measure "to give the board of pardon the power to file with the court a judgment of restitution," according to the floor presentation by Senator Lyle W. Hilliard. The sponsor explained the change would allow the Board of Pardons to release people from parole while still preserving a court mechanism to collect restitution funds.

An initial roll call reported the bill receiving an affirmative vote (the floor record first cited 70 yes, 0 no). The Speaker later addressed the chamber to say an "illegal vote" had been taken — reminding members that those voting must be physically present and that only the member present on the floor may press a voting button for another. The House therefore reopened Senate Bill 52, took a revote to correct the record, and recorded the corrected tally (reported on the floor as 69 yes, 0 no). The Speaker directed that the journal note the earlier impropriety and the fact of the corrected revote.

The House clerk completed the public reading and the bill will be returned to the Senate for further consideration. Members emphasized the procedural rule that members must be on the floor when voting and that proxy pressing of buttons by absent members is not acceptable.