TUESDAY, JANUARY 12, 2010

FORTY-SIXTH LEGISLATIVE DAY

The House of Representatives of the One Hundred Sixth General Assembly of the State of was called to order at twelve o'clock noon by Mr. Speaker Williams, in accordance with Article II, Section 8 of the Constitution of the State of Tennessee and pursuant to House Joint Resolution No. 700.

The proceedings were opened with prayer by Representative Kevin Brooks.

Representative Kevin Brooks led the House in the Pledge of Allegiance to the Flag.

RECOGNITION IN THE WELL

Representative Kevin Brooks was recognized in the Well to introduce the musical ensemble, Voices of Lee, from Lee University. They performed a patriotic melody for the members which included the “Star Spangled Banner” and “America the Beautiful.”

ROLL CALL

The roll call was taken with the following results:

Present...... 93

Representatives present were Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coley, Cooper, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors, Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway, Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S, Jones U, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, McCord, McCormick, McDaniel, McDonald, McManus, Miller, Montgomery, Moore, Mumpower, Naifeh, Niceley, Odom, Pitts, Ramsey, Rich, Richardson, Roach, Rowland, Sargent, Shaw, Shepard, Shipley, Sontany, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner M, Watson, Weaver, West, Winningham, Yokley, Mr. Speaker Williams -- 93

EXCUSED

The Speaker announced that the following member(s) has/have been excused, pursuant to request(s) under Rule No. 20 :

Representative Coleman; personal reasons.

Representative Matlock; business reasons.

Representative Pruitt; illness.

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Representative Windle; active military duty.

SPONSORS ADDED

Under Rule No. 43 , the following members were permitted to add their names as sponsors as indicated below, the prime sponsor of each having agreed to such addition:

House Resolution No. 214 : Rep(s). Gilmore as prime sponsor(s).

House Resolution No. 215 : Rep(s). Pitts as prime sponsor(s).

House Resolution No. 216 : Rep(s). Pitts as prime sponsor(s).

House Resolution No. 217 : Rep(s). Pitts as prime sponsor(s).

House Joint Resolution No. 706 : Rep(s). Maggart and Evans as prime sponsor(s).

House Joint Resolution No. 707 : Rep(s). Maggart, Evans and Lynn as prime sponsor(s).

House Joint Resolution No. 709 : Rep(s). J. Cobb as prime sponsor(s).

House Joint Resolution No. 710 : Rep(s). P. Johnson and C. Johnson as prime sponsor(s).

COMMUNICATION December 15, 2009

Representative 110 War Memorial Bldg. Nashville, TN 37243

Dear Rep. Marsh,

I am hereby appointing you to serve as a member of the Joint Select Committee on Business Taxes. You are one of the appointees from the House Commerce Committee membership in accordance with TCA § 3-15-602 and 3-15-606. Your term commences immediately and will continue until a successor is appointed.

With your dedication and commitment, I am confident you will serve this Committee with the utmost integrity.

Sincerely, /s/ Kent Williams Speaker of the House of Representatives State of Tennessee

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EIGHTY-FIFTH REPRESENTATIVE DISTRICT

A vacancy was created in the Eighty-Fifth Representative District on November 27, 2009 with the death of Representative Larry Turner.

BOARD OF COUNTY COMMISSIONERS COUNTY OF SHELBY, TENNESSEE

CERTIFIED EXTRACT OF MINUTES

SESSION OF MONDAY, JANUARY 11, 2010

ITEM 24

RESOLUTION ELECTING AN INTERIM REPRESENTATIVE FOR DISTRICT 85 OF THE TENNESSEE HOUSE OF REPRESENTATIVES. SPONSORED BY CHAIRMAN JOYCE AVERY.

WHEREAS, Article II, Section 15(b) of the Tennessee Constitution requires that when a vacancy occurs and there is less than 12 months remaining prior to the next general election for legislators, a successor shall be elected by the legislative body of the replaced legislator’s county of residence at the time of his or her election; and

WHEREAS, it is the intent of the Shelby County Board of Commissioners to elect an Interim Representative for District 85 to fill the vacancy created by the untimely death of Representative Larry Turner; and

WHEREAS, The Shelby County Board of Commissioners has furnished the proper notice and secured the publication for said election to fill the vacancy.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF SHELBY COUNTY, TENNESSEE, That pursuant to Article II, Section 15(b) of the Tennessee Constitution, Johnnie R. Turner is hereby elected to serve as interim Representative for District 85 of the Tennessee House of Representatives and shall hold said office until a successor is elected and qualified as provided by law.

BE IT FURTHER RESOLVED, That this Resolution shall take effect in accordance with the Shelby County Charter, Article II, Section 2.06(B).

/s/ Joe Ford Joe Ford, Interim County Mayor

Date: January 12, 2010 Sealed by the Board of Commissioners Shelby County, Tenn. ATTEST:

/s/ Carealine Tuggle Clerk of the County Commission

ADOPTED: January 11, 2010

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OATH OF OFFICE

Johnnie Turner was administered the oath of office by Justice Cornelia A. Clark of the Tennessee Supreme Court as prescribed by the State Constitution and Statutes of Tennessee.

RECOGNITION IN THE WELL

Representative was recognized in the Well to express her appreciation to the members for their prayers and well wishes during the illness and death of her husband, the late Representative Larry Turner.

PRESENT IN CHAMBER

Representative Johnnie Turner was recorded as being present in the Chamber.

PERSONAL ORDERS

RECOGNITION IN THE WELL

Representative Harwell was recognized in the Well to read the following letter from Representative John Mark Windle to the members as follows:

Camp Shelby, Mississippi January 7, 2010

[To] the Honorable Kent Williams, Speaker of the Tennessee House of Representatives And Members of the House of Representatives…

Fellow Tennesseans,

By order of the Governor of the great State of Tennessee, I, along with 3500 of Tennessee’s sons and daughters, have been ordered to activity duty as a member of the 278 th Armored Cavalry Regiment.

My duty assignment is in support of military operations with the United States Forces-Iraq, as prescribed in Executive Order 13223 by the President of the United States of America on September 14, 2001.

The members of the 278 th have the great honor to follow in the footsteps of our ancestors from Kings Mountain to Gettysburg, and from Normandy to Saigon. Your heartfelt prayers and support for the soldiers, sailors, airmen, and marines who place their lives in peril’s way in the service of the United States, and for their families, are appreciated more than you know.

To my fellow veterans across Tennessee’s 95 counties, please know that we continue to share a fraternal bond based in preservation of the many freedoms we enjoy in our great country. Although the sands of the Middle East may constitute our rendezvous with the inevitable, my heart will always reside in my beloved Highlands of the Cumberlands.

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Finally, to my parents, you are the best. Your son will not forget your sacrifices.

I remain respectfully yours,

John Mark Windle

INTRODUCTION OF RESOLUTIONS

On motion, pursuant to Rule No. 17 , the resolution(s) listed was/were introduced and referred to the appropriate Committee:

*House Joint Resolution No. 699 -- General Assembly, Statement of Intent or Position - Supports Health Care Reform. by *Armstrong, *Hensley.

House Health and Human Resources Committee

*House Joint Resolution No. 704 -- Memorials, Congress - Expresses opposition to the institution of new federal review, oversight, or preemption of state health insurance laws, the creation of a federal health insurance exchange or connector, and the creation of a federal health insurance plan (public plan) option. by *Lynn.

House Commerce Committee

House Joint Resolution No. 708 -- Naming and Designating - "American Indian Heritage Month," September 2010. by *Lynn.

House State and Local Government Committee

RESOLUTIONS

Pursuant to Rule No. 17 , the following resolution(s) was/were introduced and placed on the Consent Calendar for January 12, 2010:

House Resolution No. 214 -- Memorials, Retirement - Joyce Espy Searcy. by *Harwell.

House Resolution No. 215 -- Memorials, Recognition - Huh Gon. by *Johnson C.

House Resolution No. 216 -- Memorials, Recognition - Wendy Naimoli. by *Johnson C.

House Resolution No. 217 -- Memorials, Recognition - Yong Suk Gardere. by *Johnson C.

House Joint Resolution No. 702 -- Memorials, Personal Occasion - Hilliard and Margaret Bracey, 70th anniversary. by *Evans.

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House Joint Resolution No. 703 -- Memorials, Personal Occasion - Dr. Farris Moore, 100th birthday. by *Evans.

House Joint Resolution No. 705 -- Memorials, Recognition - Fred Jones, Jr.,. by *Camper.

House Joint Resolution No. 706 -- Memorials, Recognition - City of Portland, 150th anniversary. by *McDonald, *Maggart.

House Joint Resolution No. 707 -- Memorials, Sports - Beech High School football team, Class 5A state champions. by *McDonald, *Maggart.

House Joint Resolution No. 709 -- Memorials, Sports - Soddy Daisy High School Girls Golf Team, 2009 AAA State Champions. by *Floyd.

House Joint Resolution No. 710 -- Memorials, Sports - Dave Loos. by *Pitts, *Johnson P, *Johnson C.

RESOLUTIONS LYING OVER

On motion, the resolution(s) listed was/were referred to the appropriate Committee:

*Senate Joint Resolution No. 238 -- General Assembly, Statement of Intent or Position - Expresses support for construction of American Veterans Disabled for Life Memorial in Washington, D.C. by *Crowe, *Barnes, *Beavers, *Berke, *Black, *Bunch, *Burchett, *Burks, *Finney L, *Ford, O., *Gresham, *Harper, *Haynes, *Henry, *Herron, *Jackson, *Johnson, *Ketron, *Kyle, *Marrero B, *McNally, *Overbey, *Ramsey, *Southerland, *Stanley, *Stewart, *Tate, *Tracy, *Watson, *Woodson, *Yager.

House State and Local Government Committee

*Senate Joint Resolution No. 306 -- General Assembly, Directed Studies - Establishes the North Hamilton - Rhea County Creek Management Task Force to study land use practices to manage long-term flooding and develop workable solutions for citizens and governmental entities in the area. by *Watson, *Berke.

House Government Operations Committee

*Senate Joint Resolution No. 647 -- General Assembly, Statement of Intent or Position - Urges Congress to enact the Medicare Rural Health Access Improvement Act of 2009. by *Yager, *Burks.

House Health and Human Resources Committee

INTRODUCTION OF BILLS

On motion, the following bills were introduced and passed first consideration:

House Bill No. 2379 -- Education, Curriculum - As introduced, requires use of Comprehensive Health Education Curriculum by LEAs. Amends TCA Title 49. by *Hawk.

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House Bill No. 2382 -- Lottery, Scholarships and Programs - As introduced, requires students to make a cumulative grade point average of at least 2.75 at any time continuing eligibility for a Tennessee HOPE scholarship is reviewed to continue to receive the scholarship. Amends TCA Title 49, Chapter 4, Part 9. by *Towns.

House Bill No. 2412 -- Constitutional Conventions - As introduced, proposes a limited constitutional convention to determine the method for choosing appellate court judges. by *Lundberg, *Brooks H.

*House Bill No. 2413 -- Crockett County - As introduced, allows judges of general sessions court to interchange, upon request, with state trial court judges provided they have the same qualifications as the trial judge for whom they are sitting. Amends TCA Title 17, Chapter 2, Part 2. by *Fitzhugh.

*House Bill No. 2416 -- Special License Plates - As introduced, authorizes widows and widowers of persons entitled to receive holders of Purple Heart memorial plate to obtain plate upon such person's death. Amends TCA Title 55, Chapter 4. by *Windle.

*House Bill No. 2417 -- Insurance, Health, Accident - As introduced, enacts the Health- Care Choice Act. Amends TCA Title 56. by *Ramsey, *Evans, *Dennis, *Faulkner, *Matheny, *Shipley, *Campfield, *Maggart, *Hardaway, *Bell, *Rich, *Hensley, *Halford.

*House Bill No. 2418 -- Housing - As introduced, authorizes mayor to appoint executive director for metropolitan development and housing agency beginning on September 1, 2010. Amends TCA Title 13, Chapter 20. by *Turner M.

*House Bill No. 2419 -- Students - As introduced, requires one hour of physical activity per instructional school day for elementary and secondary school students beginning no later than the 2011-2012 school year. Amends TCA Title 49 and Title 68. by *Turner M.

House Bill No. 2420 -- Workers Compensation - As introduced, removes requirement that certain sole proprietors and certain partnerships engaged in the construction industry carry workers' compensation coverage. Amends TCA Title 50, Chapter 6. by *Weaver.

*House Bill No. 2421 -- Firearms and Ammunition - As introduced, reinstitutes the requirement that the purchaser of a firearm give a thumbprint as part of background check process and that the TBI furnish thumbprint cards and pads to firearm dealers. Amends TCA Title 39, Chapter 17, Part 13. by *Hardaway.

*House Bill No. 2422 -- Firearms and Ammunition - As introduced, creates various gun show offenses, including prohibiting any person who is not a licensed firearms dealer from transferring a firearm to another person if any part of the transfer takes place at a gun show or within 1,000 feet of a gun show. Amends TCA Title 39, Chapter 17. by *Hardaway.

*House Bill No. 2423 -- Education - As introduced, creates a statewide articulation and transfer council and requires the council to develop and oversee programs of articulation and transfer of courses and common course numbering between public secondary and postsecondary institutions and those members of the Tennessee Independent Colleges and Universities Association that choose to participate. Amends TCA Title 49, Chapter 15 and Title 49, Chapter 7. by *Winningham, *Yokley.

*House Bill No. 2424 -- Motor Vehicles - As introduced, sets maximum fee of $65.00 for tow firms to tow vehicles from private property; violation is a Class C misdemeanor. Amends TCA Title 55, Chapter 16. by *Turner M.

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*House Bill No. 2425 -- Motor Vehicles - As introduced, sets maximum fee of $20.00 for towing firms to charge to release motor vehicle attached for towing, but not yet transported to another location, when motor vehicle parked without authority on private property; violation is a Class C misdemeanor. Amends TCA Title 55, Chapter 16. by *Turner M.

*House Bill No. 2426 -- Salaries and Benefits - As introduced, authorizes the sick leave bank trustees to grant reasonable time exceeding 90 days upon a member's application, made in good faith, asserting extenuating circumstances or other good cause. Amends TCA Title 8, Chapter 50. by *Windle.

*House Bill No. 2427 -- Workers Compensation - As introduced, suspends requirement that sole proprietors and partners maintain workers compensation insurance on themselves from date of passage of the act until March 31, 2012. Amends TCA Title 50 and Title 56. by *Evans.

House Bill No. 2428 -- Workers Compensation - As introduced, removes requirement that certain sole proprietors and certain partnerships engaged in the construction industry carry workers compensation coverage. Amends TCA Title 50 and Title 56. by *Weaver.

*House Bill No. 2429 -- Annexation - As introduced, requires election to be held by voters who reside in territory proposed for annexation for ordinance initiated by municipality to become operative; restores the right to trial by jury in quo warranto actions contesting the validity of municipal annexation. Amends TCA Title 6, Chapter 51 and Title 6, Chapter 58. by *Cobb J.

*House Bill No. 2430 -- Criminal Procedure - As introduced, provides that the procedure established in the general property forfeiture law also applies to property subject to forfeiture because of its use in an offense involving sexual exploitation of children and designates the department of safety as the applicable agency for these forfeitures. Amends TCA Title 39, Chapter 17, Part 10 and Title 40, Chapter 33, Part 2. by *Swafford.

*House Bill No. 2431 -- Campaigns and Campaign Finance - As introduced, prohibits the governor and members of the general assembly from creating or controlling multicandidate political campaign committees. Amends TCA Title 2, Chapter 10. by *Turner M.

*House Bill No. 2432 -- Special License Plates - As introduced, authorizes issuance of International Association of Firefighters new specialty earmarked license plates for motorcycles. Amends TCA Section 55-4-260. by *Moore.

*House Bill No. 2433 -- Special License Plates - As introduced, authorizes issuance of International Association of Firefighters (Retired) new specialty earmarked license plates; 50 percent of the proceeds for such plates shall be allocated to the Tennessee Firefighters Emergency Relief Fund. Amends TCA Title 55, Chapter 4. by *Moore.

*House Bill No. 2434 -- Hotels and Restaurants - As introduced, requires hotel operators to disclose the availability of dwelling units for a minimum stay of more than 30 days; failure to disclose constitutes violation of Tennessee Consumer Protection Act. Amends TCA Title 47 and Title 62, Chapter 7. by *Moore.

House Bill No. 2435 -- Highways, Roads and Bridges - As introduced, designates bridge on State Route 6 in Williamson County as the "Judson E. Mount Memorial Bridge.". by *Casada, *Johnson P, *Sargent.

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*House Bill No. 2436 -- Professions and Occupations - As introduced, requires locksmiths to submit fee schedules to the department of commerce and insurance, and to display such schedules prominently in their places of business. Amends TCA Title 47, Chapter 18, Part 1 and Title 62, Chapter 11, Part 1. by *Hardaway.

*House Bill No. 2437 -- Landlord and Tenant - As introduced, requires 24-hour notice of approximate time of removal pursuant to writ of possession and holds plaintiff liable for damages to defendant's removed personal property if notice requirements are not followed. Amends TCA Title 29, Chapter 15; Title 29, Chapter 18, Part 1 and Title 66, Chapter 28. by *Hardaway.

*House Bill No. 2438 -- Juvenile Offenders - As introduced, adds aggravated rape of a child to the list of offenses for which a juvenile can be transferred from juvenile court to adult court. Amends TCA Title 37; Title 39 and Title 40. by *Maggart.

*House Bill No. 2439 -- Sexual Offenders - As introduced, rewrites various provisions of the Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004. Amends TCA Title 40, Chapter 39. by *Maggart.

*House Bill No. 2440 -- Sexual Offenders - As introduced, adds certain violent juvenile sexual offenders to the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act. Amends TCA Title 40, Chapter 39. by *Maggart.

*House Bill No. 2441 -- Education, Curriculum - As introduced, requires public school curriculum to include content on energy conservation, including instructing students on how to perform an energy audit. Amends TCA Title 49, Chapter 6, Part 10. by *Hardaway.

*House Bill No. 2442 -- Child Custody and Support - As introduced, enacts the "Equal and Fair Parenting Act" to create a rebuttable presumption that equally shared parenting is the custody arrangement in the best interest of a child. Amends TCA Title 36, Chapter 6, Part 1. by *Hardaway.

*House Bill No. 2443 -- Child Custody and Support - As introduced, requires a school or day care official to verify the identity of a person seeking custody of a child before permitting the requested change in the child's custody arrangement at the school or day care center. Amends TCA Title 36, Chapter 6, Part 1. by *Hardaway.

*House Bill No. 2444 -- General Assembly - As introduced, prohibits increase of expense allowance for members unless state employees receive a salary increase of at least 1 percent. Amends TCA Title 3, Chapter 1, Part 1. by *Casada.

*House Bill No. 2445 -- Sunset Laws - As introduced, repeals the Tennessee Alzheimer's disease task force. Amends TCA Title 4, Chapter 29 and Title 71, Chapter 2. by *Lynn.

*House Bill No. 2446 -- Administrative Procedure (UAPA) - As introduced, removes authority of the government operations committees to stay the running of the period between the time a rule is filed with the secretary and the rule's effective date. Amends TCA Title 4, Chapter 5. by *Lynn.

*House Bill No. 2447 -- Governor - As introduced, requires governor to submit legislation to revise TCA to reflect changes in governmental structure made by executive order. Amends TCA Title 4. by *Lynn.

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*House Bill No. 2448 -- Administrative Procedure (UAPA) - As introduced, requires each state agency head to complete periodic training for purposes of complying with the provisions of the Regulatory Flexibility Act. Amends TCA Title 4, Chapter 5. by *Lynn.

*House Bill No. 2449 -- Administrative Procedure (UAPA) - As introduced, increases, from five to 10, the number of persons required to petition agency for adoption or repeal of regulation. Amends TCA Title 4. by *Lynn.

*House Bill No. 2450 -- Correction, Dept. of - As introduced, requires commissioner to report the death of any person in custody to the members of the general assembly representing such person within five business days of such death rather than 10 days, with additional requirement that the report include the department facility where the death occurred. Amends TCA Title 4. by *Lynn.

*House Bill No. 2451 -- Education - As introduced, requires LEAs to report upon the long-term effects of school sports on the health of students. Amends TCA Title 49. by *Lynn.

*House Bill No. 2452 -- State Government - As introduced, requires joint evaluation committees to meet at least quarterly. Amends TCA Title 4, Chapter 29. by *Lynn.

*House Bill No. 2453 -- Sunset Laws - As introduced, extends certain governmental entities subject to termination on June 30, 2010. Amends TCA Title 4, Chapter 29. by *Lynn.

*House Bill No. 2454 -- Administrative Procedure (UAPA) - As introduced, continues certain permanent rules filed with secretary of state after January 1, 2009. Amends TCA Title 4, Chapter 5. by *Lynn.

*House Bill No. 2455 -- Sunset Laws - As introduced, extends state board for licensing contractors, June 30, 2014. Amends TCA Title 4, Chapter 29 and Title 62, Chapter 6. by *Lynn.

*House Bill No. 2456 -- Sunset Laws - As introduced, extends the advisory council on workers compensation, June 30, 2010. Amends TCA Title 4, Chapter 29 and Title 50, Chapter 6. by *Lynn.

*House Bill No. 2457 -- Sunset Laws - As introduced, extends Tennessee bureau of investigation, June 30, 2014. Amends TCA Title 4, Chapter 29 and Title 38, Chapter 6. by *Lynn.

*House Bill No. 2458 -- Sunset Laws - As introduced, extends department of veterans' affairs, June 30, 2014. Amends TCA Title 4, Chapter 29, Part 2 and Title 4, Chapter 3, Part 1. by *Lynn.

*House Bill No. 2459 -- Sunset Laws - As introduced, extends alcoholic beverage commission, June 30, 2010. Amends TCA Title 4, Chapter 29 and Title 57, Chapter 1. by *Lynn.

*House Bill No. 2460 -- Sunset Laws - As introduced, extends wildlife resources commission, June 30, 2014. Amends TCA Title 4, Chapter 29 and Title 70, Chapter 1. by *Lynn.

*House Bill No. 2461 -- Sunset Laws - As introduced, removes Watkins Institute commission from sunset law. Amends TCA Title 4, Chapter 29 and Title 49, Chapter 50, Part 7. by *Lynn.

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*House Bill No. 2462 -- Sunset Laws - As introduced, extends Tennessee medical examiner advisory council, June 30, 2013. Amends TCA Title 4, Chapter 29 and Title 38, Chapter 7, Part 2. by *Lynn.

*House Bill No. 2463 -- Sunset Laws - As introduced, extends the Tennessee athletic commission, June 30, 2014. Amends TCA Title 4, Chapter 29, Part 2 and Title 68, Chapter 115, Part 1. by *Lynn.

*House Bill No. 2464 -- Sunset Laws - As introduced, extends Tellico reservoir development agency, June 30, 2016. Amends TCA Title 4, Chapter 29, Part 2 and Title 64, Chapter 1, Part 7. by *Lynn.

*House Bill No. 2465 -- Sunset Laws - As introduced, extends southern regional education compact, June 30, 2014. Amends TCA Title 4, Chapter 29, Part 2 and Title 49, Chapter 12, Part 1. by *Lynn.

*House Bill No. 2466 -- Sunset Laws - As introduced, extends southeast interstate forest fire protection compact, June 30, 2017. Amends TCA Title 4, Chapter 29, Part 2 and Title 11, Chapter 4, Part 5. by *Lynn.

*House Bill No. 2467 -- Sunset Laws - As introduced, extends sex offender treatment board, June 30, 2011. Amends TCA Title 4, Chapter 29 and Title 39, Chapter 13, Part 7. by *Lynn.

*House Bill No. 2468 -- Sunset Laws - As introduced, extends public livestock market board, June 30, 2011. Amends TCA Title 4, Chapter 29, Part 2 and Title 44, Chapter 12, Part 1. by *Lynn.

*House Bill No. 2469 -- Sunset Laws - As introduced, extends interstate compact on mental health, June 30, 2016. Amends TCA Title 4, Chapter 29, Part 2 and Title 33, Chapter 9, Part 2. by *Lynn.

*House Bill No. 2470 -- Sunset Laws - As introduced, extends Great Smoky Mountain parks commission, June 30, 2016. Amends TCA Title 4, Chapter 29, Part 2 and Title 11, Chapter 19, Part 1. by *Lynn.

*House Bill No. 2471 -- Sunset Laws - As introduced, extends council on children's mental health care, June 30, 2014. Amends TCA Title 4, Chapter 29, Part 2 and Title 37, Chapter 3, Part 1. by *Lynn.

*House Bill No. 2472 -- Sunset Laws - As introduced, extends compact for education, June 30, 2013. Amends TCA Title 4, Chapter 29, Part 2 and Title 49, Chapter 12, Part 2. by *Lynn.

*House Bill No. 2473 -- Sunset Laws - As introduced, extends advisory board for rehabilitation centers, June 30, 2016. Amends TCA Title 4, Chapter 29, Part 2 and Title 49, Chapter 11, Part 7. by *Lynn.

*House Bill No. 2474 -- Education - As introduced, requires the state board of education, THEC, TBR, and the UT board of trustees to provide video streaming over the Internet of the board meetings of each entity. Amends TCA Title 49. by *Winningham, *Yokley.

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*House Bill No. 2475 -- Taxes, Personal Property - As introduced, excludes shares of stock of stockholders of cemetery companies from taxation of intangible personal property. Amends TCA Title 67, Chapter 5, Part 11. by *Floyd.

House Bill No. 2476 -- Funeral Directors and Embalmers - As introduced, grants reciprocity for licensure to embalmers from other states with equivalent experience and qualifications. Amends TCA Title 62, Chapter 5, Part 3. by *Floyd.

*House Bill No. 2477 -- State Employees - As introduced, denies eligibility to health insurance for new state officers and employees who use tobacco beginning November 2, 2010. Amends TCA Title 8 and Title 56. by *Turner M.

*House Bill No. 2478 -- Juvenile Offenders - As introduced, imposes mandatory minimum periods of commitment for certain juveniles adjudicated delinquent. Amends TCA Title 37, Chapter 1, Part 1 and Title 39, Chapter 17, Part 4. by *Turner M.

*House Bill No. 2479 -- Sunset Laws - As introduced, extends Tennessee heritage conservation trust fund board of trustees, June 30, 2012. Amends TCA Title 4, Chapter 29 and Title 11, Chapter 7. by *Lynn.

*House Bill No. 2480 -- Highway Signs - As introduced, "SSG Carey Thomas Moore Memorial Bridge," S.R. 397 (Mack Hatcher Bypass) in Williamson County. by *Casada.

*House Bill No. 2481 -- State Government - As introduced, prohibits state and local tax revenues being expended, directly or indirectly, for lobbying. Amends TCA Title 5, Chapter 9; Title 6, Chapter 56; Title 7, Chapter 1 and Title 9, Chapter 4. by *Moore.

*House Bill No. 2482 -- Driver Licenses - As introduced, authorizes military veterans to obtain driver licenses displaying language "Veterans" if department of safety receives private funding by June 30, 2010. Amends TCA Title 55, Chapter 50. by *Moore.

*House Bill No. 2483 -- Correctional Programs - As introduced, allows TRICOR to develop policies for sale of goods to inmates within custody of the department of correction. Amends TCA Title 41, Chapter 22, Part 1. by *Harmon.

*House Bill No. 2484 -- Correctional Programs - As introduced, allows lease of land or facilities to be more than five years if such lease is entered into by TRICOR with a private party under a P.I.E. program or service program in connection with a contract for employment of inmates. Amends TCA Title 41, Chapter 6, Part 2. by *Harmon.

*House Bill No. 2485 -- Correctional Programs - As introduced, authorizes TRICOR to sell as surplus property equipment and raw materials no longer usable by TRICOR to businesses, government, non-profit organizations, or by auction to the public. Amends TCA Title 41, Chapter 22, Part 4. by *Harmon.

*House Bill No. 2486 -- Traffic Safety - As introduced, requires certain motor vehicles or trailers transporting loads at night to mount strobe or LED light at back of projecting load. Amends TCA Title 55, Chapter 9, Part 4. by *Harmon.

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House Bill No. 2487 -- Palmer - As introduced, subject to local approval, amends the charter of Palmer to grant four-year terms of office to the town's mayor and two of the four aldermen receiving the most votes in the 2010 election; thereafter, all four aldermen shall have four-year terms of office. Amends Chapter 318 of the Private Acts of 1925; as amended by Chapter 129 of the Private Acts of 1986, Chapter 166 of the Private Acts of 1990, Chapter 109 of the Private Acts of 2006, and any other acts amendatory thereto. by *Harmon.

*House Bill No. 2488 -- Comptroller, State - As introduced, requires comptroller to conduct study of traffic surveillance cameras in the state and report to transportation committees by January 15, 2011. Amends TCA Title 55. by *Harmon.

*House Bill No. 2489 -- Traffic Safety - As introduced, requires approval of TDOT to place traffic surveillance camera on state highway based on engineering study paid by local government seeking use of such camera. Amends TCA Title 55, Chapter 8. by *Harmon.

*House Bill No. 2490 -- Education - As introduced, requires the department of education to collect data on students who cannot prove lawful residence in the United States and to issue an annual report concerning the adverse impact of public school enrollment of such students and the cost of public school education for such students. Amends TCA Title 49, Chapter 1, Part 2. by *Swafford.

House Bill No. 2491 -- Grainger County - As introduced, exempts firefighters located within the unincorporated area of Grainger County and any municipality located within Grainger County from the minimum training requirements unless the governing body of a municipality or the county adopts a resolution to apply such requirements within their respective jurisdictional boundaries. Amends TCA Section 4-24-112. by *Roach.

*House Bill No. 2492 -- Claiborne County - As introduced, exempts firefighters located within the unincorporated area of Claiborne County and any municipality located within Claiborne County from the minimum training requirements unless the governing body of a municipality or the county adopts a resolution to apply such requirements within their respective jurisdictional boundaries. Amends TCA Section 4-24-112. by *Roach.

*House Bill No. 2493 -- Students - As introduced, requires parents of truant students to attend counseling, mentoring, or parenting classes; requires truant students to receive counseling or mentoring; creates task force on truancy. Amends TCA Title 49, Chapter 6, Part 30. by *Hardaway.

*House Bill No. 2494 -- Professions and Occupations - As introduced, enhances penalty for persons who engage in or offer to engage in locksmithing services without a license. Amends TCA Title 62, Chapter 11. by *Hardaway.

*House Bill No. 2495 -- Taxes, Inheritance Gift - As introduced, replaces current, variable Tennessee inheritance tax rate based on total estate amount with a single inheritance tax rate of 6.0 percent for all persons dying in 2011 or later. Amends TCA Title 67, Chapter 8, Part 3. by *Harwell.

*House Bill No. 2496 -- Highway Signs - As introduced, provides for erection of directional signs for Soulsville USA neighborhood and Stax Museum of American Soul Music on I-240 in Shelby County. by *Hardaway.

*House Bill No. 2497 -- Animals and Animal Cruelty - As introduced, requires owners of dangerous, vicious, and wild animals to secure minimal liability insurance. Amends TCA Title 44, Chapter 8. by *Hardaway.

3117 TUESDAY, JANUARY 12, 2010 – FORTY-SIXTH LEGISLATIVE DAY

*House Bill No. 2498 -- Criminal Offenses - As introduced, prohibits convicted felons, probationers, and parolees from owning, harboring, keeping, residing with, or being in the company of dangerous, vicious, or wild animals; except when preapproved or preauthorized by a court or the board of probation or parole to own or keep such animal; makes a violation of this act a misdemeanor. Amends TCA Title 39, Chapter 17, Part 1. by *Hardaway.

*House Bill No. 2499 -- Child Custody and Support - As introduced, requires a parent desiring to relocate more than 100 miles from the other parent or outside the state to send notice of the move to the other parent no later than 90 days, rather than 60 days, before the move. Amends TCA Title 36, Chapter 6, Part 1. by *Hardaway.

*House Bill No. 2500 -- Naming and Designating - As introduced, names pumper/operations building at Tennessee Fire Service and Codes Enforcement Academy in Bedford County in honor of Lewis H. Baker. by *Marsh.

*House Bill No. 2501 -- Solid Waste Disposal - As introduced, requires the tires of solid waste vehicles hauling municipal solid waste to be cleaned and cleared of any mud or debris from the landfill before leaving the landfill; department of environment and conservation must require that all solid waste disposal facilities have method to comply with requirement. Amends TCA Title 68, Chapter 211. by *Borchert.

*House Bill No. 2502 -- Highway Signs - As introduced, "Warren G. Melton Memorial Bridge," S.R. 69A in Benton County. by *Borchert.

SENATE BILLS TRANSMITTED

On motion, the Senate Bills listed below, transmitted to the House, were held on the Clerk's desk pending third consideration of the companion House Bill as noted:

*Senate Bill No. 900 -- Sentencing - As introduced, requires adult convicted of contributing to delinquency of a minor to serve 100 percent of Class A misdemeanor sentence, which is 11 months and 29 days, if offense involved supplying substance to a minor that is unlawful for minor to possess and minor engages in conduct that causes death of another. Amends TCA Title 37, Chapter 1, Part 1. by *Burks, *Marrero B. (HB1244 by *Curtiss)

HOUSE BILLS ON SECOND CONSIDERATION

On motion, bills listed below passed second consideration and were referred by the Speaker to Committee or held on the Clerk's desk as noted:

House Bill No. 2415 -- Anderson County -- Local Bill Held on House Desk

RULES SUSPENDED

On motion of Rep. Dunn, the rules were suspended to allow the following congratulatory and memorializing resolutions to be taken up on a consent calendar as follows:

CONSENT CALENDAR

House Resolution No. 214 -- Memorials, Retirement - Joyce Espy Searcy. by *Harwell.

3118 TUESDAY, JANUARY 12, 2010 – FORTY-SIXTH LEGISLATIVE DAY

House Resolution No. 215 -- Memorials, Recognition - Huh Gon. by *Johnson C.

House Resolution No. 216 -- Memorials, Recognition - Wendy Naimoli. by *Johnson C.

House Resolution No. 217 -- Memorials, Recognition - Yong Suk Gardere. by *Johnson C.

House Joint Resolution No. 702 -- Memorials, Personal Occasion - Hilliard and Margaret Bracey, 70th anniversary. by *Evans.

House Joint Resolution No. 703 -- Memorials, Personal Occasion - Dr. Farris Moore, 100th birthday. by *Evans.

House Joint Resolution No. 705 -- Memorials, Recognition - Fred Jones, Jr.,. by *Camper.

House Joint Resolution No. 706 -- Memorials, Recognition - City of Portland, 150th anniversary. by *McDonald, *Maggart.

House Joint Resolution No. 707 -- Memorials, Sports - Beech High School football team, Class 5A state champions. by *McDonald, *Maggart.

House Joint Resolution No. 709 -- Memorials, Sports - Soddy Daisy High School Girls Golf Team, 2009 AAA State Champions. by *Floyd.

House Joint Resolution No. 710 -- Memorials, Sports - Dave Loos. by *Pitts, *Johnson P, *Johnson C.

Rep. Floyd moved that all members voting aye on House Joint Resolution No. 709 be added as co-prime sponsors with the Hamilton County delegation listed first, which motion prevailed.

Pursuant to Rule No. 50 , Rep. Dunn moved that all House Bills having companion Senate Bills and are on the Clerk's desk be conformed and substituted for the appropriate House Bill, all Senate and House Bills on the Consent Calendar be passed on third and final consideration, all House Resolutions and House Joint Resolutions be adopted, and all Senate Joint Resolutions on the Consent Calendar be concurred in, which motion prevailed by the following vote:

Ayes...... 93 Noes...... 0 Present and not voting...... 1

Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coley, Cooper, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors, Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway, Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S, Jones U, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, McCord, McCormick, McDaniel, McDonald, McManus, Miller, Montgomery, Moore, Mumpower, Naifeh, Niceley, Odom, Pitts, Ramsey, Rich, Richardson, Roach, Sargent, Shaw, Shepard, Shipley, Sontany, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson, Weaver, West, Winningham, Yokley, Mr. Speaker Williams -- 93

3119 TUESDAY, JANUARY 12, 2010 – FORTY-SIXTH LEGISLATIVE DAY

Representatives present and not voting were: Rowland -- 1

A motion to reconsider was tabled.

REGULAR CALENDAR

*House Bill No. 1184 -- County Officers - As introduced, increases in-service training requirements for constables from 40 hours in the first year to 40 hours each year elected; and requires constable to file certification of completion of such in-service training with county clerk. Amends TCA Title 8, Chapter 10. by *Ford . (SB1299 by *Crowe)

Further consideration of House Bill No. 1184 previously considered on June 3, 2009, June 10, 2009 and June 11, 2009, at which time it was reset for today’s Calendar.

Rep. Ford moved that House Bill No. 1184 be passed on third and final consideration.

Rep. Todd requested that State and Local Government Committee Amendment No. 1 be placed at the heel of the Amendments.

Rep. Todd moved adoption of State and Local Government Committee Amendment No. 2 as follows:

Amendment No. 2

AMEND House Bill No. 1184 by deleting all language after the enacting clause and by substituting instead the following:

SECTION 1. Tennessee Code Annotated, Section 8-10-101(c), is by adding the following language as a new subdivision (3):

(3) Notwithstanding subdivision (1), after the effective date of this act, if and when the population of any county having a population of not less than one hundred seven thousand one hundred (107,100) nor more than one hundred seven thousand two hundred (107,200) according to the 2000 federal census or any subsequent federal census, increases to a size which would constitute any such county as a county of the second class in accordance with § 8-24-101(a)(2), the provisions of subsection (c)(1) shall not apply to such county.

SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.

On motion, State and Local Government Committee Amendment No. 2 was adopted.

Rep. McDonald moved adoption of Amendment No. 3 as follows:

Amendment No. 3

AMEND House Bill No. 1184 By inserting the language "or not less than one hundred thirty thousand four hundred (130,400) nor more than one hundred thirty thousand five hundred (130,500)," between the language "(107,200)" and the words "according to the 2000" in the amendatory language of Section 1, as amended.

3120 TUESDAY, JANUARY 12, 2010 – FORTY-SIXTH LEGISLATIVE DAY

On motion, Amendment No. 3 was adopted.

On motion, Rep. Todd withdrew State and Local Government Committee Amendment No. 1.

Rep. Hill moved the previous question, which motion prevailed.

Rep. Ford moved that House Bill No. 1184 , as amended, be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 94 Noes...... 0

Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coley, Cooper, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors, Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway, Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S, Jones U, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, McCord, McCormick, McDaniel, McDonald, McManus, Miller, Montgomery, Moore, Mumpower, Naifeh, Niceley, Odom, Pitts, Ramsey, Rich, Richardson, Roach, Rowland, Sargent, Shaw, Shepard, Shipley, Sontany, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson, Weaver, West, Winningham, Yokley, Mr. Speaker Williams -- 94

A motion to reconsider was tabled.

*House Joint Resolution No. 436 -- Memorials, Government Officials - Urges State Insurance Committee to rescind tobacco surcharge to be imposed against State Group Insurance Program members who use tobacco beginning January 1, 2010. by *Litz.

Further consideration of House Joint Resolution No. 436 previously considered on June 9, 2009, June 11, 2009 and June 18, 2009, at which time it was reset for today’s Calendar.

BILL HELD ON DESK

Rep. Litz moved that House Joint Resolution No. 436 be held on the Clerk’s desk, which motion prevailed.

REGULAR CALENDAR, CONTINUED

*House Bill No. 2292 -- Education - As introduced, requires expulsion for one year of student who commits "aggravated assault" instead of "battery" upon any teacher, principal, administrator, any other employee of an LEA, or school resource officer. Amends TCA Section 49-6-3401. by *Turner M, *Hardaway, *Coley, *Eldridge, *Matheny, *Lollar. (SB2253 by *Kyle, *Berke, *Ford, O.)

Further consideration of House Bill No. 2292 previously considered on May 4, 2009, May 7, 2009, May 14, 2009 and June 18, 2009, at which time it was reset for today’s Calendar.

Rep. M. Turner moved that House Bill No. 2292 be reset for the Regular Calendar on February 8, 2010, which motion prevailed.

3121 TUESDAY, JANUARY 12, 2010 – FORTY-SIXTH LEGISLATIVE DAY

MESSAGE FROM THE SENATE January 12, 2010

MR. SPEAKER: I am directed to transmit to the House, Senate Joint Resolution(s) No(s). 695; adopted for the House’s action.

RUSSELL A. HUMPHREY, Chief Clerk.

Senate Joint Resolution No. 695 -- General Assembly, Recess & Reconvene - Provides for the senate to stand in recess at the close of business on Tuesday, January 12, 2010, and reconvene immediately upon sine die adjournment of the extraordinary session. by *Norris.

MESSAGE FROM THE SENATE January 12, 2010

MR. SPEAKER: I am directed to transmit to the House, Senate Joint Resolution(s) No(s). 690; adopted for the House’s action.

RUSSELL A. HUMPHREY, Chief Clerk.

Senate Joint Resolution No. 690 -- General Assembly, Joint Conventions - Governor's budget address, February 1, 2009. by *Norris.

MESSAGE FROM THE SENATE January 12, 2010

MR. SPEAKER: I am directed to transmit to the House, Senate Joint Resolution(s) No(s). 671, 672, 673, 674, 675, 676, 677, 678, 679 and 680; adopted for the House’s action.

RUSSELL A. HUMPHREY, Chief Clerk.

Senate Joint Resolution No. 671 -- Memorials, Recognition - North Sumner Elementary School, 50th Anniversary. by *Black.

Senate Joint Resolution No. 672 -- Memorials, Death - Chancellor Alexander Heard. by *Henry.

Senate Joint Resolution No. 673 -- Memorials, Recognition - Dr. George Day. by *Faulk.

Senate Joint Resolution No. 674 -- Memorials, Recognition - Glen Leven Presbyterian Church, 120th Anniversary. by *Henry.

Senate Joint Resolution No. 675 -- Memorials, Death - Dr. Herbert C. Gabhart. by *Henry.

Senate Joint Resolution No. 676 -- Memorials, Recognition - Parkridge East Hospital, 35th anniversary. by *Watson.

3122 TUESDAY, JANUARY 12, 2010 – FORTY-SIXTH LEGISLATIVE DAY

Senate Joint Resolution No. 677 -- Memorials, Sports - Beech High School football team, Class 5A state champions. by *Black.

Senate Joint Resolution No. 678 -- Memorials, Death - Lyons Hamblen. by *Faulk.

Senate Joint Resolution No. 679 -- Memorials, Sports - East Robertson High School Girls Bowling Team, 2009-2010 TSSAA Region 6, District 14 Champions. by *Black.

Senate Joint Resolution No. 680 -- Memorials, Recognition - Reverend Hosie L. Hopkins. by *Kyle.

UNFINISHED BUSINESS

RULES SUSPENDED

Rep. Odom moved that the rules be suspended for the immediate consideration of Senate Joint Resolution No. 690 out of order, which motion prevailed.

Senate Joint Resolution No. 690 -- General Assembly, Joint Conventions - Governor's budget address, February 1, 2009. by *Norris.

On motion of Rep. Odom, the resolution was concurred in by the following vote:

Ayes...... 94 Noes...... 0

Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coley, Cooper, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors, Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway, Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S, Jones U, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, McCord, McCormick, McDaniel, McDonald, McManus, Miller, Montgomery, Moore, Mumpower, Naifeh, Niceley, Odom, Pitts, Ramsey, Rich, Richardson, Roach, Rowland, Sargent, Shaw, Shepard, Shipley, Sontany, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson, Weaver, West, Winningham, Yokley, Mr. Speaker Williams -- 94

A motion to reconsider was tabled.

RULES SUSPENDED

Rep. Mumpower moved that the rules be suspended for the immediate consideration of Senate Joint Resolution No. 695 out of order, which motion prevailed.

Senate Joint Resolution No. 695 -- General Assembly, Recess & Reconvene - Provides for the senate to stand in recess at the close of business on Tuesday, January 12, 2010, and reconvene immediately upon sine die adjournment of the extraordinary session. by *Norris.

On motion of Rep. Mumpower, the resolution was concurred in by the following vote:

3123 TUESDAY, JANUARY 12, 2010 – FORTY-SIXTH LEGISLATIVE DAY

Ayes...... 94 Noes...... 0

Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coley, Cooper, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors, Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway, Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S, Jones U, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, McCord, McCormick, McDaniel, McDonald, McManus, Miller, Montgomery, Moore, Mumpower, Naifeh, Niceley, Odom, Pitts, Ramsey, Rich, Richardson, Roach, Rowland, Sargent, Shaw, Shepard, Shipley, Sontany, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson, Weaver, West, Winningham, Yokley, Mr. Speaker Williams -- 94

A motion to reconsider was tabled.

ANNOUNCEMENTS

REPORT FILED

The Clerk announced that the Final Report from the Joint Committee on Business Taxes and the 2009 Capital Post-Conviction Case Report have been filed with the Clerk’s office and that the same are available for review.

APPOINTMENT OF STANDING COMMITTEES

Mr. Speaker Williams announced he had made the following changes to the Standing Committees as follows:

CALENDAR AND RULES: Bill Dunn—Chairman, , Jr.—Vice-Chairman, —Secretary; Joe Armstrong, Stratton Bone, Harry Brooks, , Kent Coleman, John DeBerry, Jr., Lois DeBerry, Craig Fitzhugh, Bill Harmon, Beth Harwell, , Judd Matheny, Joe McCord, Gerald McCormick, Steve McManus, Gary Moore, Jason Mumpower, Jimmy Naifeh, Gary Odom, , Mike Turner and Speaker Kent Williams

AGRICULTURE: Stratton Bone—Chairman, —Vice-Chairman, Willie Borchert— Secretary; Eddie Bass, Chad Faulkner, , John Litz, Steve McDaniel, Frank Niceley, , and John Mark Windle

CHILDREN AND FAMILY: John DeBerry, Jr.—Chairman, Kevin Brooks—Vice-Chairman, Tommie Brown—Secretary; Mike Bell, Stacey Campfield, G.A. Hardaway, , Barrett Rich, Jeanne Richardson, Donna Rowland, Johnny Shaw and Terri Lynn Weaver

COMMERCE: Beth Harwell—Chairman, David Shepard—Vice-Chairman, Steve McManus— Secretary; Joe Carr, Charles Curtiss, JoAnne Favors, Dennis Ferguson, Craig Fitzhugh, Brenda Gilmore, Jim Hackworth, G.A. Hardaway, Bill Harmon, Curtis Johnson, Phillip Johnson, , Susan Lynn, Pat Marsh, , Joe McCord, Gerald McCormick, Richard Montgomery, Jimmy Naifeh, Joe Pitts, , Charles Sargent, Mike Stewart, Eric Swafford, Curry Todd, Joe Towns, Jr. and Eddie Yokley

3124 TUESDAY, JANUARY 12, 2010 – FORTY-SIXTH LEGISLATIVE DAY

CONSERVATION AND ENVIRONMENT: Joe McCord—Chairman, John Tidwell—Vice- Chairman, Richard Floyd—Secretary; Mike Bell, Willie Borchert, George Fraley, Brenda Gilmore, David Hawk, , Ron Lollar, Michael McDonald and Frank Niceley

CONSUMER AND EMPLOYEE AFFAIRS: Judd Matheny—Chairman, Jim Hackworth—Vice- Chairman, Donna Rowland—Secretary; Stacey Campfield, Glen Casada, , Michael McDonald, Gary Moore, Sherry Jones, Jeanne Richardson, Johnnie Turner and the Representative-elect from District 83

EDUCATION: Harry Brooks—Chairman, Les Winningham—Vice-Chairman, — Secretary; Judy Barker, Kevin Brooks, Tommie Brown, Barbara Cooper, John DeBerry, Jr., Bill Dunn, Beth Harwell, David Hawk, Ryan Haynes, Joey Hensley, Matthew Hill, Ulysses Jones, Ron Lollar, Mark Maddox, Joe Pitts, Joe Towns, Jr., Johnnie Turner, Terri Lynn Weaver and John Mark Windle

FINANCE, WAYS AND MEANS: Craig Fitzhugh—Chairman, Charles Sargent—Vice-Chairman, Johnny Shaw—Secretary; Joe Armstrong, Stratton Bone, Harry Brooks, Kevin Brooks, Tommie Brown, Glen Casada, Kent Coleman, Lois DeBerry, Bill Dunn, Jimmy Eldridge, Mike Harrison, Curtis Johnson, Mark Maddox, Debra Maggart, Larry Miller, Steve McDaniel, Steve McManus, Richard Montgomery, Jason Mumpower, Jimmy Naifeh, Gary Odom, Donna Rowland, Dennis Roach, Janis Sontany, Harry Tindell, Mike Turner and Les Winningham

GOVERNMENT OPERATIONS: Susan Lynn—Chairman, Mike Kernell—Vice-Chairman, Jim Cobb—Secretary; Mike Bell, , Stacey Campfield, Glen Casada, Barbara Cooper, Lois DeBerry, G.A. Hardaway, Jason Mumpower, Gary Odom and Mike Turner

HEALTH AND HUMAN RESOURCES: Joe Armstrong—Chairman, Joey Hensley—Vice- Chairman, JoAnne Favors—Secretary; Charles Curtiss, , John DeBerry, Jr., Lois DeBerry, Vance Dennis, Joshua Evans, Dennis Ferguson, Henry Fincher, Dale Ford, Curtis Halford, Mike Harrison, Sherry Jones, Debra Maggart, Jason Mumpower, Gary Odom, , , Barrett Rich, Jeanne Richardson, David Shepard, , Mike Turner and the Representative-elect from District 83

JUDICIARY: Kent Coleman—Chairman, Jon Lundberg—Vice-Chairman, Janis Sontany— Secretary; Eddie Bass, Karen Camper, Jim Coley, Vance Dennis, Henry Fincher, Judd Matheny, Barrett Rich, Mike Stewart and

STATE AND LOCAL GOVERNMENT: Curry Todd—Chairman, Ulysses Jones—Vice- Chairman, Eric Swafford—Secretary; Joe Carr, Jim Cobb, Ty Cobb, Joshua Evans, Ryan Haynes, John Litz, Gerald McCormick, Larry Miller, Gary Moore, Mary Pruitt, Harry Tindell, Bob Ramsey, Eric Watson, Ben West and Eddie Yokley

TRANSPORTATION: Bill Harmon—Chairman, Vince Dean—Vice-Chairman, George Fraley— Secretary; Judy Barker, Ty Cobb, Chad Faulkner, Richard Floyd, Matthew Hill, Phillip Johnson, Pat Marsh, Jimmy Matlock, Tony Shipley, John Tidwell and Ben West

3125 TUESDAY, JANUARY 12, 2010 – FORTY-SIXTH LEGISLATIVE DAY

SENATE JOINT RESOLUTIONS (Congratulatory and Memorializing)

Pursuant to Rule No. 17 , the resolution(s) listed was/were noted as being placed on the Supplemental Consent Calendar for January 12, 2010:

Senate Joint Resolution No. 671 -- Memorials, Recognition - North Sumner Elementary School, 50th Anniversary. by *Black.

Senate Joint Resolution No. 672 -- Memorials, Death - Chancellor Alexander Heard. by *Henry.

Senate Joint Resolution No. 673 -- Memorials, Recognition - Dr. George Day. by *Faulk.

Senate Joint Resolution No. 674 -- Memorials, Recognition - Glen Leven Presbyterian Church, 120th Anniversary. by *Henry.

Senate Joint Resolution No. 675 -- Memorials, Death - Dr. Herbert C. Gabhart. by *Henry.

Senate Joint Resolution No. 676 -- Memorials, Recognition - Parkridge East Hospital, 35th anniversary. by *Watson.

Senate Joint Resolution No. 677 -- Memorials, Sports - Beech High School football team, Class 5A state champions. by *Black.

Senate Joint Resolution No. 678 -- Memorials, Death - Lyons Hamblen. by *Faulk.

Senate Joint Resolution No. 679 -- Memorials, Sports - East Robertson High School Girls Bowling Team, 2009-2010 TSSAA Region 6, District 14 Champions. by *Black.

Senate Joint Resolution No. 680 -- Memorials, Recognition - Reverend Hosie L. Hopkins. by *Kyle.

RULES SUSPENDED

On motion of Rep. Dunn, the rules were suspended to take up the Supplemental Consent Calendar as follows:

SUPPLEMENTAL CONSENT CALENDAR

Senate Joint Resolution No. 671 -- Memorials, Recognition - North Sumner Elementary School, 50th Anniversary. by *Black.

Senate Joint Resolution No. 672 -- Memorials, Death - Chancellor Alexander Heard. by *Henry.

Senate Joint Resolution No. 673 -- Memorials, Recognition - Dr. George Day. by *Faulk.

3126 TUESDAY, JANUARY 12, 2010 – FORTY-SIXTH LEGISLATIVE DAY

Senate Joint Resolution No. 674 -- Memorials, Recognition - Glen Leven Presbyterian Church, 120th Anniversary. by *Henry.

Senate Joint Resolution No. 675 -- Memorials, Death - Dr. Herbert C. Gabhart. by *Henry.

Senate Joint Resolution No. 676 -- Memorials, Recognition - Parkridge East Hospital, 35th anniversary. by *Watson.

Senate Joint Resolution No. 677 -- Memorials, Sports - Beech High School football team, Class 5A state champions. by *Black.

Senate Joint Resolution No. 678 -- Memorials, Death - Lyons Hamblen. by *Faulk.

Senate Joint Resolution No. 679 -- Memorials, Sports - East Robertson High School Girls Bowling Team, 2009-2010 TSSAA Region 6, District 14 Champions. by *Black.

Senate Joint Resolution No. 680 -- Memorials, Recognition - Reverend Hosie L. Hopkins. by *Kyle.

Pursuant to Rule No. 50 , Rep. Dunn moved that all House Bills having companion Senate Bills and are on the Clerk's desk be conformed and substituted for the appropriate House Bill, all Senate and House Bills on the Supplemental Consent Calendar be passed on third and final consideration, all House Resolutions and House Joint Resolutions be adopted, and all Senate Joint Resolutions on the Supplemental Consent Calendar be concurred in, which motion prevailed by the following vote:

Ayes...... 93 Noes...... 0 Present and not voting...... 1

Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coley, Cooper, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors, Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway, Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S, Jones U, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, McCord, McCormick, McDaniel, McDonald, McManus, Miller, Montgomery, Moore, Mumpower, Naifeh, Niceley, Odom, Pitts, Ramsey, Rich, Richardson, Roach, Sargent, Shaw, Shepard, Shipley, Sontany, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson, Weaver, West, Winningham, Yokley, Mr. Speaker Williams -- 93

Representatives present and not voting were: Rowland -- 1

A motion to reconsider was tabled.

3127 TUESDAY, JANUARY 12, 2010 – FORTY-SIXTH LEGISLATIVE DAY

SPONSORS ADDED

Under Rule No. 43 , the following members were permitted to add their names as sponsors as indicated below, the prime sponsor of each having agreed to such addition:

House Bill No. 874 : Rep(s). Bell as first prime sponsor(s).

House Bill No. 1739 : Rep(s). Campfield as first prime sponsor(s).

House Bill No. 1839 : Rep(s). Matheny as prime sponsor(s).

House Bill No. 2417 : Rep(s). Ramsey as first prime sponsor(s).

House Bill No. 2417 : Rep(s). Rich, Hensley and Halford as prime sponsor(s).

SPONSORS REMOVED

On motion, Rep(s). K. Brooks was/were removed as sponsor(s) of House Bill No. 874 .

On motion, Rep(s). Niceley was/were removed as sponsor(s) of House Bill No. 1739 .

ENGROSSED BILLS January 12, 2010

The following bill(s) have been examined, engrossed, and are ready for transmission to the Senate: House Joint Resolution(s) No(s). 702, 703, 705, 706, 707, 709 and 710.

BETTY KAY FRANCIS, Chief Engrossing Clerk.

MESSAGE FROM THE SENATE January 12, 2010

MR. SPEAKER: I am directed to return to the House, House Bill(s) No(s). 614; substituted for Senate Bill(s) on the same subject(s) and passed by the Senate.

RUSSELL A. HUMPHREY, Chief Clerk.

MESSAGE FROM THE SENATE January 12, 2010

MR. SPEAKER: I am directed to return to the House, House Joint Resolution(s) No(s). 702, 703, 705, 706, 707, 709 and 710; all concurred in by the Senate.

RUSSELL A. HUMPHREY, Chief Clerk.

3128 TUESDAY, JANUARY 12, 2010 – FORTY-SIXTH LEGISLATIVE DAY

ENROLLED BILLS January 12, 2010

MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefully compared House Resolution(s) No(s). 214, 215, 216 and 217; and find same correctly enrolled and ready for the signature of the Speaker.

BETTY KAY FRANCIS, Chief Engrossing Clerk.

SIGNED January 12, 2010

The Speaker signed the following: House Resolution(s) No(s). 214, 215, 216 and 217.

BETTY KAY FRANCIS, Chief Engrossing Clerk.

ENROLLED BILLS January 12, 2010

The following bill(s) have been compared, enrolled, and are ready for the signature(s) of the Speaker(s): House Joint Resolution(s) No(s). 702, 703, 705, 706, 707, 709 and 710.

BETTY KAY FRANCIS, Chief Engrossing Clerk.

ENROLLED BILLS January 12, 2010

The following bills have been compared, enrolled, and are ready for the signature(s) of the Speaker(s): House Bill(s) No(s). 614.

BETTY KAY FRANCIS, Chief Engrossing Clerk.

SIGNED January 12, 2010

The Speaker signed the following: House Bill(s) No(s). 614.

BETTY KAY FRANCIS, Chief Engrossing Clerk.

SIGNED January 12, 2010

The Speaker signed the following: House Joint Resolution(s) No(s). 702, 703, 705, 706, 707, 709 and 710.

BETTY KAY FRANCIS, Chief Engrossing Clerk.

3129 TUESDAY, JANUARY 12, 2010 – FORTY-SIXTH LEGISLATIVE DAY

MESSAGE FROM THE SENATE January 12, 2010

MR. SPEAKER: I am directed to return to the House, House Joint Resolution(s) No(s). 702, 703, 705, 706, 707, 709 and 710; signed by the Speaker.

RUSSELL A. HUMPHREY, Chief Clerk.

ROLL CALL

The roll call was taken with the following results:

Present...... 94

Representatives present were Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Coley, Cooper, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors, Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway, Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S, Jones U, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, McCord, McCormick, McDaniel, McDonald, McManus, Miller, Montgomery, Moore, Mumpower, Naifeh, Niceley, Odom, Pitts, Ramsey, Rich, Richardson, Roach, Rowland, Sargent, Shaw, Shepard, Shipley, Sontany, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson, Weaver, West, Yokley, Mr. Speaker Williams -- 94

RECESS MOTION

On motion of Rep. Mumpower, and pursuant to Senate Joint Resolution No. 695, Article II, Section 8, Article II, Section 16 and Article III, Section 9 of the Constitution of the State of Tennessee, the Second Legislative Session of the House of Representatives of the One Hundred Sixth General Assembly stood in adjournment pending commencement of the First Extraordinary Session and would reconvene immediately upon the sine die adjournment of the First Extraordinary Session of 2010.

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