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3105 Tuesday, January 12, 2010 Forty-Sixth Legislative Day

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3105 Tuesday, January 12, 2010 Forty-Sixth Legislative Day TUESDAY, JANUARY 12, 2010 FORTY-SIXTH LEGISLATIVE DAY The House of Representatives of the One Hundred Sixth General Assembly of the State of Tennessee 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. 3105 TUESDAY, JANUARY 12, 2010 – FORTY-SIXTH LEGISLATIVE DAY 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 Pat Marsh 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 3106 TUESDAY, JANUARY 12, 2010 – FORTY-SIXTH LEGISLATIVE DAY 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 3107 TUESDAY, JANUARY 12, 2010 – FORTY-SIXTH LEGISLATIVE DAY 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 Johnnie Turner 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. 3108 TUESDAY, JANUARY 12, 2010 – FORTY-SIXTH LEGISLATIVE DAY 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. 3109 TUESDAY, JANUARY 12, 2010 – FORTY-SIXTH LEGISLATIVE DAY 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
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