HOUSE JOURNAL of the FIFTY-SIXTH LEGISLATURE of the STATE OF UTAH FOURTH SPECIAL SESSION House Chamber State Capitol Complex Salt Lake City, Utah Tuesday, September 19, 2006 The House was called to order by Speaker Curtis at 2:10 p.m. Prayer and Pledge of Allegiance by Representative Bradley Last. On motion of Representative Alexander,the House voted to continue with the same organization for the 2006 Fourth Special Session of the 56th Legislature as set up and constituted during the 2006 General Session of the Legislature insofar as it pertains to the Speakership, Majority Leadership and Minority Leadership. Speaker Curtis appointed Sandy D. Tenney as Chief Clerk. The Chief Clerk read the following: CERTIFICATION I, GARY R. HERBERT, LIEUTENANT GOVERNOR OF THE STATE OF UTAH, DO HEREBY CERTIFY THAT the attached copy of a Proclamation issued on the 15th day of September, 2006 and signed by Governor Jon M. Huntsman, Jr., is a true and correct copy of the original Proclamation calling the Fifty-Sixth Legislature of the State of Utah into a Fourth Special Session at the Capitol Complex at Salt Lake City, Utah on the 19th day of September, 2006, at 2:00 p.m., for the purpose named in the Proclamation. I FURTHER CERTIFY THAT the membership of the Utah State House of Representatives has not changed from that of the Certification of the 2006 General Session with the following exception: TWENTY-THIRD DISTRICT: County of Salt Lake Jennifer M. Seelig IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of Utah, at Salt Lake City, this 15th day of September, 2006. GARY R. HERBERT Lieutenent Governor Communication filed. PROCLAMATION WHEREAS, since the adjournment of the 2006 General Session of the Fifty-Sixth Legislature of the State of Utah, matters have arisen that 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, Jon M. Huntsman, Jr., Governor of the State of Utah, by virtue of the authority vested in me by the Constitution and the Laws of the State of Utah, do by this Proclamation call the Fifty-Sixth Legislature of the State of Utah into a Fourth Special Session at the State Capitol Complex, in Salt Lake City, Utah, on the 19th day of September 2006, at 2:00 p.m., for the following purposes: 1. To consider state and local option funding for transportation; and 2. To consider legislation amending the individual income tax system by modifying tax brackets, modifying the additions to and subtractions from income, and allowing an individual to elect between a single rate tax system and the existing graduated tax system. 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 Capitol Complex in Salt Lake City, Utah, this 15th day of September, 2006. JON M. HUNTSMAN, JR. Governor GARY R. HERBERT Lieutenant Governor Communication filed. MISCELLANEOUS BUSINESS On motion of Representative Lockhart, the House voted to adopt the same House Rules and Joint Rules for the 2006 Fourth Special Session as adopted in the 2006 General Session. On motion of Representative Ferry, the House voted to authorize the Speaker to appoint a committee to wait upon the Senate to inform that Honorable Body that the House is organized and ready to do business. The Speaker appointed Representatives Fred Hunsaker, Sheryl Allen, and Jennifer Seelig. On motion of Representative Becker, the House voted to authorize the Speaker to appoint a committee to meet with a like committee from the Senate to wait upon the Governor to inform him that the House is organized and ready to do business. The Speaker appointed Representatives James Ferrin, Patrick Painter, and Karen Morgan. On motion of Representative Alexander, the House voted to consider all House and Senate bills and resolutions acted upon during the 2006 Fourth Special Session be considered under suspension of the rules. On motion of Representative Alexander, as allowed by the Utah Constitution and Joint Rules of the Legislature, the House voted 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 a majority of the House directs the reading of the long title, short title, or both of any House or Senate bill or resolution. Representative Allen informed the House of Representatives that her committee has waited upon the Senate and informed them that the House is organized and ready to do business. Representative Ferrin informed the House of Representatives that the joint committee has waited upon the Governor and informed him that the Legislature is organized and ready to do business. Senators McCoy, Jenkins, and Bramble formally notified the House of Representatives that the Senate was organized and ready to do business. INTRODUCTION OF BILL H.B. 4001, County Option Funding for Regionally Significant Transportation Infrastructure (R. Lockhart), read the first time by short title. On motion of Representative Lockhart, under suspension of the rules, H.B. 4001, was considered read the second time by short title and placed on the Third Reading Calendar. THIRD READING CALENDAR H.B. 4001, COUNTY OPTION FUNDING FOR REGIONALLY SIGNIFICANT TRANSPORTATION INFRASTRUCTURE, read the third time by short title and placed on its final passage. On motion of Representative Lockhart, the House voted to circle H.B. 4001. MISCELLANEOUS BUSINESS On motion of Representative Alexander, the House voted to saunter for 10 minutes. On motion of Representative Alexander, the House voted to cease to saunter. Speaker Curtis called the House to order at 2:50 p.m. UNFINISHED BUSINESS On motion of Representative Lockhart, the House voted to uncircle H.B. 4001. H.B. 4001, COUNTY OPTION FUNDING FOR REGIONALLY SIGNIFICANT TRANSPORTATION INFRASTRUCTURE, was before the House on its final passage. Representative Ure proposed the following amendment: 1. Page 47, Lines 1423 through 1426 1423 (3) The council of governments of a county of the first or second class shall submit the 1424 proposed written prioritization process described in this section to the { Executive 1425 Appropriations Committee } Transportation Commission for approval prior to taking final action on the proposed written 1426 prioritization process or any proposed amendment to the written prioritization process. Representative Tilton proposed the following substitute amendment: 1. Page 47, Lines 1424 and 1425: Delete "Executive Appropriations Committee" and insert "Transportation Interim Committee" Representative Tilton's substitute motion to amend failed on a voice vote. Representative Ure's motion to amend failed on the following roll call: Yeas, 34; Nays, 41; Absent or not voting, 0. Voting in the affirmative were: Representatives Adams S. Allen Bigelow Bowman Buttars Buxton Cosgrove D. Cox Donnelson Dougall Duckworth Dunnigan Ferry J. M. Fisher Gowans Hansen Hardy Hendrickson Hogue Holdaway E. Hutchings B. Johnson Lawrence Mascaro McGee Menlove Murray Painter Romero Shurtliff G. Snow Ure Wyatt Curtis Voting in the negative were: Representatives Aagard Alexander Barrus Becker Biskupski Christensen D. Clark S. Clark Daw Dayton Dee Ferrin Julie Fisher Fowlke Frank Gibson Harper Hughes Hunsaker Jones King Kiser Last Litvack Lockhart Mathis Morgan Morley Moss Newbold Noel Oda Ray Seelig Tilton Urquhart Walker Wallace Wheatley Wheeler Wiley # # # Representative S. Clark proposed the following amendment: 1. Page 47, Lines 1423-1426: Delete lines 1423 through 1426. Representative Ferrin proposed the following substitute motion to amend: 1. Page 47, Line 1423: Delete "or second" Representative Ferrin's substitute motion to amend failed on the following roll call: Yeas, 29; Nays, 41; Absent or not voting, 5. Voting in the affirmative were: Representatives Aagard S. Allen Barrus Bowman Buxton S. Clark D. Cox Dayton Dee Donnelson Ferrin Ferry Julie Fisher Frank Gibson Hardy Hogue E. Hutchings B. Johnson Mascaro Mathis Menlove Murray Noel Painter G. Snow Wheeler Wyatt Curtis Voting in the negative were: Representatives Alexander Becker Bigelow Biskupski Buttars Christensen Cosgrove Daw Dougall Duckworth J. M. Fisher Fowlke Gowans Harper Hendrickson Holdaway Hughes Hunsaker Jones Kiser Last Lawrence Litvack Lockhart McGee Morgan Morley Moss Newbold Oda Ray Romero Seelig Shurtliff Tilton Ure Urquhart Walker Wallace Wheatley Wiley Absent or not voting were: Representatives Adams D. Clark Dunnigan Hansen King Representative S. Clark's motion to amend failed on the following roll call: Yeas, 25; Nays, 47; Absent or not voting, 3. Voting in the affirmative were: Representatives S. Allen Becker Biskupski Buttars S. Clark Cosgrove Donnelson Ferrin Gowans Hendrickson Hogue Holdaway E. Hutchings Jones King Mascaro Mathis McGee Menlove Murray Romero Seelig G. Snow Ure Wyatt Voting in the negative were: Representatives Aagard Adams Alexander Barrus Bigelow Bowman Buxton Christensen D. Clark D. Cox Daw Dee Dougall Duckworth Dunnigan Ferry J. M. Fisher Julie Fisher Fowlke Frank Gibson Hardy Harper Hughes Hunsaker B. Johnson Kiser Last Lawrence Litvack Lockhart Morgan Morley Newbold Noel Oda Painter Ray Shurtliff Tilton Urquhart Walker Wallace Wheatley Wheeler Wiley Curtis Absent or not voting were: Representatives Dayton Hansen Moss # # # Representative Hogue proposed the following amendment: 1. Page 52, Line 1603: After "class" delete "and" and insert a period. 2. Page 52, Line 1604: After "projects" insert "and shall not supplant monies already designated for state projects" 3. Page 52, Line 1605: After "(5) The" insert "additional" Representative Hogue's motion to amend passed on a voice vote. H.B. 4001, as amended, passed on the following roll call: Yeas, 55; Nays, 19; Absent or not voting, 1. Voting in the affirmative were: Representatives Aagard Adams Alexander S. Allen Becker Biskupski Bowman Buttars Buxton D. Clark S. Clark Cosgrove D. Cox Daw Dee Dougall Ferry Julie Fisher Fowlke Frank Gibson Hardy Hendrickson Holdaway Hughes Hunsaker B. Johnson Jones Last Lawrence Litvack Lockhart Mascaro McGee Menlove Morgan Moss Murray Newbold Noel Oda Painter Ray Romero Seelig Shurtliff G. Snow Ure Urquhart Walker Wallace Wheatley Wheeler Wiley Curtis Voting in the negative were: Representatives Barrus Bigelow Christensen Dayton Donnelson Duckworth Dunnigan Ferrin J. M. Fisher Gowans Hansen Harper Hogue E. Hutchings Kiser Mathis Morley Tilton Wyatt Absent or not voting was: Representative King H.B. 4001, as amended, transmitted to the Senate for its consideration. INTENT LANGUAGE FOR H.B. 4001 On motion of Representative Mathis, the House voted to print the following intent language in the House Journal. It is the intent of the Legislature that in passing this H.B. 4001 counties not supplant revenues currently being used by the county for transportation projects with the revenues generated by a sales and use tax imposed by a county under this H.B. 4001. MISCELLANEOUS BUSINESS On motion of Representative Alexander, the House voted to saunter. On motion of Representative Alexander, the House voted to cease to saunter. The House was called to order at 4:35 p.m. COMMUNICATION FROM THE SENATE Mr. Speaker: September 19, 2006 The Senate passed S.B. 4001, INCOME TAX AMENDMENTS, by Senator C. Bramble, with the following amendments: 1. Page 1, Lines 12 through 14: 12 This bill: 13 " modifies tax brackets for taxable years beginning on or after January 1, 2006; " for taxable years beginning on or after January 1, 2009, requires individual income tax brackets to be adjusted for changes in the consumer price index; 14 " modifies additions to and subtractions from federal taxable income for purposes of 2. Page 9, Line 250 through Page 10, Line 287: 250 Section 2. Section 59-10-104 is amended to read: 251 59-10-104. Tax basis -- Rates -- Exemption. 252 (1) Except as provided in Subsection { (4) } (5) or Part 12, Single Rate Individual Income Tax 253 Act, for taxable years beginning on or after January 1, [2001] 2006, a tax is imposed on the 254 state taxable income[, as defined in Section 59-10-112,] of every resident individual as 255 provided in this section. 256 (2) For an individual, other than a husband and wife or head of household required to 257 use the tax table under Subsection (3), the tax under this section is imposed in accordance with 258 the following { table } income brackets : 259 If the state taxable income is: The tax is: 260 Less than or equal to [$863] $1,105 2.3% of the state taxable income 261 Greater than [$863] $1,105 but less than [$20] $25, plus 3.3% of state taxable 262 or equal to [$1,726] $2,208 income greater than [$863] $1,105 263 Greater than [$1,726] $2,208 but less than [$48] $62, plus 4.2% of state taxable 264 or equal to [$2,588] $3,313 income greater than [$1,726] $2,208 265 Greater than [$2,588] $3,313 but less than [$85] $108, plus 5.2% of state taxable 266 or equal to [$3,450] $4,416 income greater than [$2,588] $3,313 267 Greater than [$3,450] $4,416 but less than [$129] $166, plus 6% of state taxable 268 or equal to [$4,313] $5,521 income greater than [$3,450] $4,416 269 Greater than [$4,313] $5,521 [$181] $232, plus 7% of state taxable 270 income greater than [$4,313] $5,521 271 (3) For a husband and wife filing a single return jointly, or a head of household as 272 defined in Section 2(b), Internal Revenue Code, filing a single return, the tax under this section 273 is imposed in accordance with the following { table } income brackets : 274 If the state taxable income is: The tax is: 275 Less than or equal to [$1,726] $2,210 2.3% of the state taxable income 276 Greater than [$1,726] $2,210 but less than [$40] $51, plus 3.3% of state taxable 277 or equal to [$3,450] $4,416 income greater than [$1,726] $2,210 278 Greater than [$3,450] $4,416 but less than [$97] $124, plus 4.2% of state taxable 279 or equal to [$5,176] $6,626 income greater than [$3,450] $4,416 280 Greater than [$5,176] $6,626 but less than [$169] $216, plus 5.2% of state taxable 281 or equal to [$6,900] $8,832 income greater than [$5,176] $6,626 282 Greater than [$6,900] $8,832 but less than [$259] $331, plus 6% of state taxable 283 or equal to [$8,626] $11,042 income greater than [$6,900] $8,832 284 Greater than [$8,626] $11,042 [$362] $464, plus 7% of state taxable 285 income greater than [$8,626] $11,042 (4) (a) For taxable years beginning on or after January 1, 2009, the commission shall: (i) make the following adjustments to the income brackets under Subsection (2): (A) increase or decrease the income brackets under Subsection (2) by a percentage equal to the percentage difference between the consumer price index for the preceding calendar year and the consumer price index for the calendar year 2007; and (B) after making an increase or decrease under Subsection (4)(a)(i)(A), round the income brackets under Subsection (2) to the nearest whole dollar; (ii) after making the adjustments described in Subsection (4)(a)(i) to the income brackets under Subsection (2), adjust the income brackets under Subsection (3) so that for each income bracket under Subsection (2) there is a corresponding income bracket under Subsection (3) that is equal to the product of: (A) each income bracket under Subsection (2); and (B) two; and (iii) to the extent necessary to reflect an adjustment under Subsection (4)(a)(i) or (ii): (A) increase or decrease the amount of tax under Subsection (2) or (3) prior to adding in the portion of the tax calculated as a percentage of state taxable income; and (B) after making an increase or decrease under Subsection (4)(a)(iii)(A), round the amount of tax under Subsection (2) or (3) to the nearest whole dollar. (b) The commission may not increase or decrease the tax rate percentages provided in Subsection (2) or (3). (c) For purposes of Subsection (4)(a)(i), the commission shall calculate the consumer price index as provided in Sections 1(f)(4) and 1(f)(5), Internal Revenue Code. 286 { (4) } (5) This section does not apply to a resident individual exempt from taxation under 287 Section 59-10-104.1. and it is transmitted for consideration Annette B. Moore Secretary of the Senate Communication filed. S.B. 4001. read the first time by short title. On motion of Representative Harper, under suspension of the rules, the House voted to consider S.B. 4001 read the second time by short title and placed on the Third Reading Calendar. THIRD READING CALENDAR S.B. 4001, INCOME TAX AMENDMENTS, read the third time by short title and placed on its final passage. Representative Dunnigan proposed the following amendment: 1. Page 9, Line 260: Delete "$1,105" and insert "$1,000" 2. Page 9, Line 261: Delete "$1,105" and insert "$1,000" and delete "$25" and insert "$23" 3. Page 9, Line 262: Delete "$2,208" and insert "$2,000" and delete "$1,105" and insert "$1,000" 4. Page 9, Line 263: Delete "$2,208" and insert "$2,000" and delete "$62" and insert "$56" 5. Page 9, Line 264: Delete "$3,313" and insert "$3,000" and delete "$2,208" and insert "$2,000" 6. Page 9, Line 265: Delete "$3,313" and insert "$3,000" and delete "$108" and insert "$98" 7. Page 9, Line 266: Delete "$4,416" and insert "$4,000" and delete "$3,313" and insert "$3,000" 8. Page 9, Line 267: Delete "$4,416" and insert "$4,000" and delete "$166" and insert "$150" 9. Page 9, Line 268: Delete "$5,521" and insert "$5,500" and delete "$4,416" and insert "$4,000" 10. Page 9, Line 269: Delete "$5,521" and insert "$5,500" and delete "$232" and insert "$240" and bracket "7%" and insert "6.95%" 11. Page 9, Line 270: Delete "$5,521" and insert "$5,500" 12. Page 9, Line 275: Delete "$2,210" and insert "$2,000" 13. Page 10, Line 276: Delete "$2,210" and insert "$2,000" and delete "$51" and insert "$46" 14. Page 10, Line 277: Delete "$4,416" and insert "$4,000" and delete "$2,210" and insert "$2,000" 15. Page 10, Line 278: Delete "$4,416" and insert "$4,000" and delete "$124" and insert "$112" 16. Page 10, Line 279: Delete "$6,626" and insert "$6,000" and delete "$4,416" and insert "$4,000" 17. Page 10, Line 280: Delete "$6,626" and insert "$6,000" and delete "$216" and insert "$196" 18. Page 10, Line 281: Delete "$8,832" and insert "$8,000" and delete "$6,626" and insert "$6,000" 19. Page 10, Line 282: Delete "$8,832" and insert "$8,000" and delete "$331" and insert "$300" 20. Page 10, Line 283: Delete "$11,042" and insert "$11,000" and delete "$8,832" and insert "$8,000" 21. Page 10, Line 284: Delete "$11,042" and insert "$11,000" and delete "$464" and insert "$480" and bracket "7%" and insert "6.95%" 22. Page 10, Line 285: Delete "$11,042" and insert "$11,000" Representative Dunnigan's motion to amend passed on a voice vote. # # # Representative Litvack proposed the following amendment: 1. Page 1, Lines 16 through 23 16 " enacts the Single Rate Individual Income Tax Act: 17 S for taxable years beginning on or after January 1, 2007; { and } 18 S that allows a resident or nonresident individual to determine each time the 19 resident or nonresident individual files a state individual income tax return or 20 amended return, whether to calculate and pay a single rate individual income tax 21 on the basis of adjusted gross income or pay a multi-rate individual income tax 22 on the basis of federal taxable income; and S that requires the Governor's Office of Economic Development to annually report to the Revenue and Taxation Interim Committee on issues relating to the relationship between the Single Rate Individual Income Tax Act and economic growth; 23 " enacts, modifies, and repeals definitions; 2. Page 2, Lines 53 through 54: 53 59-10-1207, Utah Code Annotated 1953 59-10-1208, Utah Code Annotated 1953 54 REPEALS: 3. Page 35, Line 1078: 1078 (v) Part 8, Limited Liability Companies. Section 19. Section 59-10-1208 is enacted to read: 59-10-1208. Annual report by the Governor's Office of Economic Development to the Revenue and Taxation Interim Committee. Beginning with the 2009 interim, the Governor's Office of Economic Development shall annually present a written report to the Revenue and Taxation Interim Committee on or before the November interim meeting summarizing for the taxable year two years prior to the year in which the Governor's Office of Economic Development presents the report: (1) the types of businesses that have: (a) located in the state; or (b) substantially expanded within the state; (2) the criteria that the Governor's Office of Economic Development used in determining whether the businesses described in Subsection (1): (a) located in the state; or (b) substantially expanded within the state; (3) the extent to which the businesses described in Subsection (1): (a) make a substantial capital investment in the state; (b) bring new dollars into the state such that the businesses export goods or services outside of the state, not just recirculate existing dollars; and (c) pay higher than average wages in the areas in which the businesses are located; (4) for the businesses described in Subsection (1), the extent to which the option for individuals related to those businesses to calculate and pay a tax under this part was a factor in determining whether to: (a) locate in the state; or (b) substantially expand within the state; and (5) for the businesses described in Subsection (1), whether the option for individuals related to those businesses to calculate and pay a tax under this part produces economic growth as determined by state economic modeling formulas. Renumber remaining sections accordingly. Representative Litvack's motion to amend failed on the following roll call: Yeas, 30; Nays, 42; Absent or not voting, 3. Voting in the affirmative were: Representatives S. Allen Becker Biskupski Bowman Cosgrove D. Cox Duckworth J. M. Fisher Julie Fisher Gowans Hansen Hendrickson Holdaway E. Hutchings Jones King Lawrence Litvack Mascaro McGee Menlove Morgan Moss Romero Seelig Shurtliff G. Snow Ure Wheatley Wiley Voting in the negative were: Representatives Aagard Adams Barrus Buttars Buxton Christensen D. Clark S. Clark Daw Dayton Dee Donnelson Dougall Dunnigan Ferrin Ferry Fowlke Frank Gibson Hardy Harper Hogue Hughes Hunsaker B. Johnson Kiser Last Mathis Morley Murray Newbold Noel Oda Painter Ray Tilton Urquhart Walker Wallace Wheeler Wyatt Curtis Absent or not voting were: Representatives Alexander Bigelow Lockhart # # # Representative Ure proposed the following amendment: 1. Page 1, Lines 12 through 17 12 This bill: 13 " modifies tax brackets for taxable years beginning on or after January 1, { 2006 } 2007 ; 14 " modifies additions to and subtractions from federal taxable income for purposes of 15 calculating individual income taxes; 16 " enacts the Single Rate Individual Income Tax Act: 17 S for taxable years beginning on or after January 1, { 2007 } 2008 ; and 2. Page 2, Lines 29 through 30: 29 Monies Appropriated in this Bill: 30 { None } This bill: " appropriates $70,000,000 for fiscal year 2006-07 only, from the Uniform School Fund to the Division of Finance for public education, places conditions on the expenditure of the appropriation, and makes the appropriation nonlapsing. 3. Page 2, Lines 31 through 32: 31 Other Special Clauses: 32 This bill provides { an } effective { date and provides for retrospective operation } dates . 4. Page 9, Lines 252 through 255: 252 (1) Except as provided in Subsection (4) or Part 12, Single Rate Individual Income Tax 253 Act, for taxable years beginning on or after January 1, [2001] { 2006 } 2007 , a tax is imposed on the 254 state taxable income[, as defined in Section 59-10-112,] of every resident individual as 255 provided in this section. 5. Page 31, Line 957 through Page 32, Line 958: 957 (1) For taxable years beginning on or after January 1, { 2007 } 2008 , a resident or nonresident 958 individual may calculate and pay a tax under this section as provided in this part. 6. Page 32, Line 988 through Page 33, Line 991: 988 (b) If a resident or nonresident individual files an amended return for a taxable year 989 beginning on or after January 1, { 2007 } 2008 , the resident or nonresident individual may determine 990 whether to calculate and pay a tax under this section as provided in this part for that taxable 991 year. 7. Page 36, Lines 1085 through 1090: 1085 Section 59-10-112, State taxable income of a resident individual. Section 20. Appropriation. (1) There is appropriated for fiscal year 2006-07 only, from the Uniform School Fund, $70,000,000 to the Division of Finance within the Department of Administrative Services for the support of public education. (2) The Division of Finance may not expend the monies appropriated under Subsection (1) until further directed by the Legislature. (3) The Legislature intends that the monies appropriated under Subsection (1) not lapse at the end of fiscal year 2006-07. 1086 Section { 20 } 21 . Effective { date -- Retrospective operation } dates . 1087 (1) Except as provided in Subsection (2), this bill takes effect for taxable years 1088 beginning on or after January 1, { 2007 } 2008 . 1089 (2) The amendments in this bill to Section 59-10-104 { have retrospective operation } take effect for 1090 taxable years beginning on or after January 1, { 2006 } 2007 . Representative Ure's motion to amend failed on the following roll call: Yeas, 32; Nays, 40; Absent or not voting, 3. Voting in the affirmative were: Representatives S. Allen Barrus Becker Bigelow Biskupski Bowman Cosgrove D. Cox Duckworth J. M. Fisher Gowans Hansen Hardy Hendrickson Holdaway E. Hutchings Jones King Lawrence Litvack Mascaro McGee Menlove Morgan Moss Murray Romero Seelig Shurtliff Ure Wheatley Wiley Voting in the negative were: Representatives Aagard Adams Alexander Buttars Buxton Christensen D. Clark S. Clark Daw Dayton Dee Donnelson Ferrin Ferry Julie Fisher Fowlke Frank Gibson Harper Hogue Hughes Hunsaker B. Johnson Kiser Last Mathis Morley Newbold Noel Oda Painter Ray G. Snow Tilton Urquhart Walker Wallace Wheeler Wyatt Curtis Absent or not voting were: Representatives Dougall Dunnigan Lockhart # # # Representative D. Clark proposed the following amendment: 1. Page 9, Line 269: Delete "6.95%" and insert "6.98%" 2. Page 10, Line 284: Delete "6.95%" and insert "6.98%" Representative D. Clark's motion to amend passed on a voice vote. S.B. 4001, as amended, passed on the following roll call: Yeas, 49; Nays, 25; Absent or not voting, 1. Voting in the affirmative were: Representatives Aagard Adams Alexander S. Allen Barrus Bigelow Buttars Buxton Christensen D. Clark S. Clark Daw Dayton Dee Donnelson Dougall Dunnigan Ferrin Ferry J. M. Fisher Julie Fisher Fowlke Frank Gibson Hardy Harper Hogue Hughes E. Hutchings B. Johnson Kiser Last Lockhart Mathis Morgan Morley Newbold Noel Oda Painter Ray G. Snow Tilton Urquhart Walker Wallace Wheeler Wyatt Curtis Voting in the negative were: Representatives Becker Biskupski Bowman Cosgrove D. Cox Duckworth Gowans Hansen Hendrickson Holdaway Hunsaker Jones King Lawrence Litvack Mascaro McGee Menlove Moss Murray Romero Seelig Shurtliff Wheatley Wiley Absent or not voting was: Representative Ure S.B. 4001, as amended, returned to the Senate for further consideration. MISCELLANEOUS BUSINESS On motion of Representative Alexander, the House voted to saunter. On motion of Representative Alexander, the House voted to cease to saunter. The House was called to order at 7:00 p.m. COMMUNICATIONS FROM THE SENATE Mr. Speaker: September 19, 2006 The Senate passed, as amended, H.B. 4001, COUNTY OPTION FUNDING FOR REGIONALLY SIGNIFICANT TRANSPORTATION INFRASTRUCTURE, by Representative R. Lockhart, and it is transmitted for further consideration. Annette B. Moore Secretary of the Senate Communication filed. On motion of Representative Lockhart, the House voted to concur in the Senate amendments to H.B. 4001. H.B. 4001, as amended by the Senate, passed on the following roll call: Yeas, 55; Nays, 15; Absent or not voting, 5. Voting in the affirmative were: Representatives Aagard Adams Alexander S. Allen Becker Bowman Buttars Buxton D. Clark S. Clark Cosgrove D. Cox Daw Dee Dougall Duckworth Ferrin Ferry Julie Fisher Fowlke Frank Gibson Hardy Hendrickson Holdaway Hunsaker B. Johnson Jones King Last Lawrence Litvack Lockhart Mascaro McGee Menlove Morgan Moss Murray Newbold Noel Oda Painter Ray Romero Seelig Shurtliff G. Snow Urquhart Walker Wallace Wheatley Wheeler Wiley Curtis Voting in the negative were: Representatives Barrus Bigelow Christensen Dayton Donnelson Dunnigan J. M. Fisher Gowans Hansen Hogue E. Hutchings Kiser Mathis Morley Wyatt Absent or not voting were: Representatives Biskupski Harper Hughes Tilton Ure H.B. 4001, as amended by the Senate, transmitted to the Senate for signature of the President. COMMUNICATIONS FROM THE SENATE Mr. Speaker: September 19, 2006 The Senate concurred in the House amendments to S.B. 4001, INCOME TAX AMENDMENTS, by Senator Bramble, and it is transmitted for the signature of the Speaker. Annette B. Moore Secretary of the Senate Communication filed. S.B. 4001 signed by the Speaker and returned to the Senate for signature of the President, enrolling, and transmission to the Governor. * * * Mr. Speaker: September 19, 2006 The Senate passed, H.B. 4001, COUNTY OPTION FUNDING FOR REGIONALLY SIGNIFICANT TRANSPORTATION INFRASTRUCTURE, by Representative R. Lockhart, which has been signed by the President and it is transmitted for the signature of the Speaker. Annette B. Moore Secretary of the Senate Communication filed. H.B. 4001 signed by the Speaker and referred to staff for enrolling and transmission to the Governor. MISCELLANEOUS BUSINESS On motion of Representative Urquhart, the House voted to authorize the Speaker to appoint a committee to wait upon the Governor and inform him that the House of Representatives has completed its business and is prepared to adjourn sine die. The Speaker appointed Representative Harper, Wallace, and McGee. Representative Harper reported that his committee has waited upon the Governor and informed him that the House of Representatives is prepared to adjourn sine die. The Governor has no further business to bring before the House. On motion of Representative Alexander, the House voted to authorize the Speaker to appoint a committee to wait upon the Senate and inform them that the House of Representatives has completed its business and is prepared to adjourn sine die. The Speaker appointed Representatives Wyatt, Frank, and Shurtliff. Representative Wyatt reported that his committee has waited upon the Senate and informed them that the House of Representatives has completed its business and is prepared to adjourn sine die. Speaker Curtis directed Sandy Tenney to read, revise and make minor corrections to the daily House Journal and be responsible for certifying the bound copy as the accurate record of the proceedings of the 2006 Fourth Special Session of the Fifty-Sixth Legislature. On motion of Representative Alexander, the Fourth Special Session of the Fifty-Sixth Legislature adjourned sine die. HOUSE JOURNAL PAGE INDEX H.B. 4001 COUNTY OPTION FUNDING FOR REGIONALLY SIGNIFICANT TRANSPORTATION INFRASTRUCTURE (R. Lockhart) Read the first time by short title 4 Read the second time 4 Read the third time 4 Circled 4 Uncircled 4 Amendments 4 Transmitted to the Senate 8 Intent Language 8 Concurrence 21 Signed by the Speaker and transmitted to the Governor 22 S.B. 4001 INCOME TAX AMENDMENTS (C. Bramble) Read the first time by short title. 12 Read the second time 12 Read the third time 12 Amendments 9 , 12 , 19 Returned to the Senate 20 Signed by the Speaker and returned to the Senate 22