Journal of the House

FIRST EXTRAORDINARY SESSION, 94^TH General Assembly

FOURTH DAY, Thursday, August 23, 2007

The House met pursuant to adjournment.

            Speaker Jetton in the Chair.

            Prayer by Chris Dunn, Office of the Speaker.

              Heavenly Father,

              This is a great day in our state and in our country. We thank You for giving us the gift of life that we each have. May we glorify You as the day progresses.

              In the beginning of the 35^th Psalm, Your Word says, "Contend, O LORD, with those who contend with me; fight against those who fight against me." Today, we join with the Founding Fathers, who opened up the Constitutional Convention of 1774 with the reading of this Psalm. They asked for Your protection and asked that You might fight against those who sought to destroy the freedoms and liberties they were seeking as they formed a new nation.

              Thank You for the freedoms and liberties we have today. Help us not take for granted the liberties that You and our Founding Fathers established and defended. Bless those who are protecting us even this moment.

              As King David closed the 35^th Psalm, he used these words: "My tongue will speak of your righteousness and of your praises all day long." We honor You this morning and seek Your will in this House.

              In Your name we pray. Amen.

            The Pledge of Allegiance to the flag was recited.

            The Journals of the first, second and third days were approved as printed.

PERFECTION OF HOUSE BILLS

            HCS HB 1, relating to economic development and incentives, was taken up by Representative Richard.

            Representative Richard offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1, Page 1, in Line 5 of the Title, by deleting the words "economic incentive and"; and

              Further amend said title, Line 6, by deleting all of said line and inserting in lieu thereof the phrase, "fostering business growth through incentives, with an emergency clause."; and

              Further amend said bill, Section 99.1205, Page 10, Line 46, by inserting after the word "law" the phrase, "under sections 99.300 to 99.660"; and

              Further amend said page, Line 47, by inserting after the first occurrence of the word "act" the phrase, "under sections 99.800 to 99.865"; and

              Further amend said line, by inserting after the second occurrence of the word "act" the phrase, "under sections 99.915 to 99.1060"; and

              Further amend said page, Line 48, by inserting after the word "program" the phrase, "under sections 99.1080 to 99.1092"; and

              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

            On motion of Representative Richard, House Amendment No. 1 was adopted.

            Representative Zweifel offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 1, by striking all of the following sections from said bill:

Section 32.105;

Section 67.306;

Section 99.1205;

Section 100.286;

Section 135.460;

Section 135.478;

Section 135.500;

Section 135.545;

Section 135.550;

Section 135.600;

Section 135.630;

Section 135.679;

Section 135.680;

Section 135.750;

Section 135.1150;

Section 144.030;

Section 173.196;

Section 173.796;

Section 178.716;

Section 178.895;

Section 178.896;

Section 348.300;

Section 578.395;

Section 620.495;

Section 620.511;

Section 620.512;

Section 620.513;

Section 620.638;

Section 620.521;

Section 620.523;

Section 620.527;

Section 620.529;

Section 620.530;

Section 620.537; and

Section 620.1039.

              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

            Representative Zweifel moved that House Amendment No. 2 be adopted.

            Which motion was defeated by the following vote:

            Representative Nasheed offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 1, Section 99.1205, Pages 8 to 13, by striking all of said section from bill; and

              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

            Representative Nasheed moved that House Amendment No. 3 be adopted.

            Which motion was defeated by the following vote:

            Representative Oxford offered House Amendment No. 4.

            Representative Pratt raised a point of order that House Amendment No. 4 goes beyond the scope of the Governor's call.

            The Chair ruled the point of order well taken.

            Representative Hughes offered House Amendment No. 5.

            Representative Cox raised a point of order that House Amendment No. 5 goes beyond the scope of the Governor's call.

            The Chair ruled the point of order well taken.

            Representative Nieves assumed the Chair.

            Representative Burnett offered House Amendment No. 6.

            Representative Jones (89) raised a point of order that House Amendment No. 6 goes beyond the scope of the Governor's call.

            Representative Nieves requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order well taken.

            Speaker Jetton resumed the Chair.

            Representative Talboy offered House Amendment No. 7.

            Representative Onder raised a point of order that House Amendment No. 7 goes beyond the scope of the Governor's call and the bill.

            The Chair ruled the point of order well taken.

            Representative Nieves resumed the Chair.

            Representative Roorda offered House Amendment No. 8.

            Representative Cox raised a point of order that House Amendment No. 8 goes beyond the scope of the Governor's call.

            Representative Nieves requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order well taken.

            Representative Wildberger offered House Amendment No. 9.

            Representative Cox raised a point of order that House Amendment No. 9 goes beyond the scope of the Governor's call.

            Representative Nieves requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order well taken.

            Representative Fallert offered House Amendment No. 10.

            Representative Funderburk raised a point of order that House Amendment No. 10 goes beyond the scope of the Governor's call.

            Representative Nieves requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order well taken.

            Representative Swinger offered House Amendment No. 11.

            Representative Funderburk raised a point of order that House Amendment No. 11 goes beyond the scope of the Governor's call.

            Representative Nieves requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order well taken.

            Representative Nasheed requested a division of the question on HCS HB 1, as amended.

            Representative Darrough offered House Amendment No. 1 to Part I.

            Representative Jones (89) raised a point of order that House Amendment No. 1 to Part I goes beyond the scope of the Governor's call.

            Representative Nieves requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order well taken.

            On motion of Representative Richard, Part I of HCS HB 1, as amended, was adopted by the following vote:

            Speaker Jetton resumed the Chair.

            On motion of Representative Richard, Part II of HCS HB 1, as amended, was adopted by the following vote:

            On motion of Representative Richard, HCS HB 1, as amended, was ordered perfected and printed.

            HB 2, relating to design-build highway projects bond requirements, was taken up by Representative St. Onge.

            Representative Muschany assumed the Chair.

            Representative Salva offered House Amendment No. 1.

            Representative Schaaf raised a point of order that House Amendment No. 1 goes beyond the scope of the Governor's call and the bill.

            Representative Muschany requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order well taken.

            Representative Salva appealed the ruling of the Parliamentary Committee.

            The ruling of the Parliamentary Committee was sustained by the following vote:

            Representative Ervin assumed the Chair.

            Representative Hughes offered House Amendment No. 2.

            Representative Cox raised a point of order that House Amendment No. 2 goes beyond the scope of the Governor's call.

            Representative Ervin requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order well taken.

            On motion of Representative St. Onge, HB 2 was ordered perfected and printed.

REFERRAL OF HOUSE BILL

            The following House Bill was referred to the Committee indicated:

HCS HB 1 - Fiscal Review (Fiscal Note)

RECESS

            On motion of Representative Dempsey, the House recessed until such time as the Committee on Fiscal Review meets and adjourns and the perfected version of HB 2 is printed and distributed.

            The hour of recess having expired, the House was called to order by Representative Dixon.

COMMITTEE REPORT

            Committee on Fiscal Review, Chairman Guest reporting:

            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS HB 1, begs leave to report it has examined the same and recommends that it Do Pass.

SUPPLEMENTAL CALENDAR

AUGUST 23, 2007

HOUSE BILLS FOR THIRD READING

1          HCS HB 1, E.C. - Richard

2          HB 2, E.C. - St. Onge

THIRD READING OF HOUSE BILLS

            HCS HB 1, relating to economic development and incentives, was taken up by Representative Richard.

            On motion of Representative Richard, HCS HB 1 was read the third time and passed by the following vote:

            Representative Dixon declared the bill passed.

            The emergency clause was defeated by the following vote:

            Representative Pratt assumed the Chair.

            HB 2, relating to the design-build highway projects bonding requirements, was taken up by Representative St. Onge.

            On motion of Representative St. Onge, HB 2 was read the third time and passed by the following vote:

            Representative Pratt declared the bill passed.

            The emergency clause was adopted by the following vote: