TUESDAY, MAY 1, 2012

EIGHTY-FOURTH LEGISLATIVE DAY

The House met at 8:00 a.m. and was called to order by Madam Speaker Harwell.

The proceedings were opened with prayer by Representative R. Williams.

Representative R. Williams led the House in the Pledge of Allegiance to the Flag.

ROLL CALL

The roll call was taken with the following results:

Present...... 90

Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller, D, Miller L, Montgomery, Moore, Naifeh, Niceley, Odom, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 90

EXCUSED

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

Representative Lundberg; personal

Representative Tindell; personal

COMMUNICATION May 1, 2012

The Honorable Bill Haslam Governor 1st Floor State Capitol Nashville, Tennessee 37243

Dear Governor Haslam:

5853 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

House Joint Resolution No. 1130 was transmitted in error for your signature on April 30, 2012. I am requesting the return of House Joint Resolution 1130 as it was not properly adopted by the House.

Thank you for your time and attention.

Sincerely,

/s/ Joe McCord, Chief Clerk of the House cc: Russell Humphrey

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. 369 Rep(s). Cobb as prime sponsor(s).

House Bill No. 2287 Rep(s). Maggart as prime sponsor(s).

House Bill No. 2315 Rep(s). Richardson as prime sponsor(s).

House Bill No. 2725 Rep(s). Dean, Powers, Butt, Weaver, Dennis, D. Miller, Sanderson, Maggart, Lollar, Faison, Holt, Pody, Rich, Bass, Watson, Floyd, Haynes, Shipley, Keisling and Cobb as prime sponsor(s).

House Bill No. 2837 Rep(s). Evans as prime sponsor(s).

House Bill No. 3883 Rep(s). Ragan, Powers and Windle as prime sponsor(s).

SPONSORS REMOVED

On motion, Rep(s). Coley was/were removed as sponsor(s) of House Bill No. 2725 .

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to transmit to the House, Senate Joint Resolution(s) No(s). 904, 925, 926 and 928; adopted, for the House's action.

RUSSELL A. HUMPHREY, Chief Clerk

*Senate Joint Resolution No. 904 -- General Assembly, Statement of Intent or Position - Urges any state fair to be held where the seat of government is located. by *Henry, *Harper, *Haynes.

5854 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Senate Joint Resolution No. 925 -- Memorials, Recognition - Sophia McBride. by *Ford, *Barnes, *Beavers, *Bell, *Berke, *Burks, *Campfield, *Faulk, *Finney L, *Gresham, *Harper, *Haynes, *Henry, *Herron, *Johnson, *Kelsey, *Ketron, *Kyle, *Marrero, *Massey, *McNally, *Norris, *Overbey, *Roberts, *Southerland, *Summerville, *Tate, *Tracy, *Watson, *Yager, *Ramsey.

Senate Joint Resolution No. 926 -- Memorials, Recognition - N.J. and Vera Ford Family Reunion. by *Ford, *Barnes, *Beavers, *Bell, *Berke, *Burks, *Campfield, *Faulk, *Finney L, *Gresham, *Harper, *Haynes, *Henry, *Herron, *Johnson, *Kelsey, *Ketron, *Kyle, *Marrero, *Massey, *McNally, *Norris, *Overbey, *Roberts, *Southerland, *Summerville, *Tate, *Tracy, *Watson, *Yager, *Ramsey.

Senate Joint Resolution No. 928 -- Memorials, Recognition - Claudia Huskey. by *Finney L, Berke, Overbey.

SENATE JOINT RESOLUTIONS (Congratulatory and Memorializing)

Pursuant to Rule No. 17 , the resolution(s) listed was/were noted as being placed on the Consent Calendar for May 1, 2012:

Senate Joint Resolution No. 925 -- Memorials, Recognition - Sophia McBride. by *Ford.

Senate Joint Resolution No. 926 -- Memorials, Recognition - N.J. and Vera Ford Family Reunion. by *Ford.

Senate Joint Resolution No. 928 -- Memorials, Recognition - Claudia Huskey. by *Finney L, *Berke, *Overbey.

REGULAR CALENDAR

House Bill No. 369 -- Health Care - As introduced, enacts the Health Care Compact. - Amends TCA Title 4; Title 33; Title 63; Title 68 and Title 71. by *Pody, *White, *Shipley, *Casada, *Carr, *Williams K, *Evans, *Maggart, *Rich, *Hensley, *Ramsey, *Lollar, *Todd, *Weaver, *Keisling, *Coley, *Alexander, *Sparks, *Powers, *Ragan, *Hall, *Butt, *Niceley, *Dennis, *Hurley, *Matheny, *Sexton, *Forgety, *Hawk, *Lundberg, *McManus, *Faison, *Miller D, *Sanderson, *Eldridge, *Wirgau, *Matlock, *Elam, *Dean, *Montgomery, *Ford, *Womick, *Holt, *Marsh, *Floyd. (*SB326 by *Beavers, *Tracy, *Gresham, *Ramsey, *Roberts, *Kelsey, *Johnson)

On motion, House Bill No. 369 was made to conform with Senate Bill No. 326 ; the Senate Bill was substituted for the House Bill.

Rep. Pody moved that Senate Bill No. 326 be passed on third and final consideration.

Rep. Pody requested that Senate Bill No. 326 be moved down 10 places on the Calendar.

5855 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

House Bill No. 3883 -- Oliver Springs - As introduced, subject to local approval, moves the date of the city election to coincide with the November general election; extends the four- year terms of office of the mayor and councilmen elected at the regular city election held in June 2009 and the councilmen elected at the regular city election held in June 2011 to expire on the first Thursday in November in 2013 and 2015 respectively. - Amends Chapter 247 of the Acts of 1905; as amended and rewritten. by *Hurley. (SB3813 by *Yager)

On motion, House Bill No. 3883 was made to conform with Senate Bill No. 3813 ; the Senate Bill was substituted for the House Bill.

Rep. Hurley moved that Senate Bill No. 3813 be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 81 Noes...... 0

Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Butt, Carr, Casada, Cobb, Coley, Curtiss, Dean, Dennis, Dunn, Elam, Eldridge, Faison, Floyd, Ford, Forgety, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hill, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Montgomery, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Madam Speaker Harwell -- 81

A motion to reconsider was tabled.

EXCUSED

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

Representative Campbell; personal

PRESENT IN CHAMBER

Representative(s) Parkinson was/were recorded as being present in the Chamber.

REGULAR CALENDAR, CONTINUED

*House Joint Resolution No. 911 -- General Assembly, Statement of Intent or Position - Urges the state board of education to establish a green cleaning policy for adoption by schools. by *Gilmore.

Rep. M. Turner requested that House Joint Resolution No. 911 be moved to the heel of the Calendar.

5856 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

*House Joint Resolution No. 996 -- General Assembly, Statement of Intent or Position - Urges Tennesseans to buy the Nissan LEAF. by *McDonald, *Sparks.

Rep. McDonald moved adoption of House Joint Resolution No. 996.

Rep. McDonald moved adoption of Amendment No. 1 as follows:

Amendment No. 1

AMEND House Joint Resolution No. 996 by deleting from the caption of the introduced resolution the language "urging Tennesseans to buy the Nissan LEAF," and by substituting instead the language "congratulating Nissan on the Nissan LEAF,".

AND FURTHER AMEND by deleting from the final preamble clause of the introduced resolution the language "by purchasing the Nissan LEAF," and by substituting instead the language "by considering the Nissan LEAF,".

AND FURTHER AMEND by deleting from the first resolving clause of the introduced resolution the language "urge Tennesseans to buy the Nissan LEAF," and by substituting instead the language "congratulate Nissan on the Nissan LEAF and urge Tennesseans to consider the Nissan LEAF,".

On motion, Amendment No. 1 was adopted.

Rep. McDonald moved adoption of House Joint Resolution No. 996 , as amended, which motion prevailed by the following vote:

Ayes...... 73 Noes...... 3 Present and not voting...... 1

Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Butt, Carr, Casada, Cobb, Coley, Curtiss, Dean, Dunn, Elam, Eldridge, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Montgomery, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Pruitt, Ragan, Ramsey, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Turner M, Watson, White, Williams R, Windle, Wirgau, Madam Speaker Harwell -- 73

Representatives voting no were: Hurley, Powers, Williams K -- 3

Representatives present and not voting were: Rich -- 1

A motion to reconsider was tabled.

JOURNAL CORRECTION

Without objection, the Speaker requested that the Journal reflect that Reps. Ford and Wirgau voted “aye” on House Joint Resolution No. 996 .

5857 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

REGULAR CALENDAR, CONTINUED

*House Joint Resolution No. 839 -- Naming and Designating - Designates May 2012 as "Prader-Willi Syndrome Awareness Month" in Tennessee. by *Matlock.

Rep. Matlock moved adoption of House Joint Resolution No. 839.

Rep. Ramsey moved adoption of State and Local Government Committee Amendment No. 1 as follows:

Amendment No. 1

AMEND House Joint Resolution No. 839 By deleting the caption of the introduced resolution and by substituting instead the following:

A RESOLUTION recognizing May 2012 as "Prader-Willi Syndrome Awareness Month" in Tennessee.

AND FURTHER AMEND by deleting the final clause of the preamble in its entirety and by substituting instead the following:

WHEREAS, committed to informing the citizens of Tennessee of the importance of early detection and increased research, and honoring those persons whose lives have been affected by Prader-Willi syndrome, this General Assembly is recognizing May 2012 as "Prader-Willi Syndrome Awareness Month"; now, therefore,

AND FURTHER AMEND by deleting the first resolving clause of the introduced resolution in its entirety and by substituting instead the following:

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED SEVENTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, THE SENATE CONCURRING, that we hereby recognize May 2012 as "Prader-Willi Syndrome Awareness Month" in Tennessee.

On motion, State and Local Government Committee Amendment No. 1 was adopted.

Rep. Matlock moved adoption of House Joint Resolution No. 839 , as amended, which motion prevailed by the following vote:

Ayes...... 80 Noes...... 0

Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Butt, Carr, Casada, Cobb, Coley, Curtiss, Dean, Dunn, Elam, Eldridge, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Hurley, Johnson C, Johnson P, Jones, Keisling, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Montgomery, Moore, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Turner J,

5858 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Madam Speaker Harwell -- 80 A motion to reconsider was tabled.

REQUEST TO CHANGE VOTE

Pursuant to Rule No. 31 , the following member(s) desire to change their original stand from “aye” to “no” on House Joint Resolution No. 996 and have this statement entered in the Journal: Rep(s). Lollar.

PRESENT IN CHAMBER

Representative(s) L. DeBerry and Hardaway was/were recorded as being present in the Chamber.

REGULAR CALENDAR, CONTINUED

*House Bill No. 3281 -- Campaigns and Campaign Finance - As introduced, removes prohibition on insurance companies making campaign contributions; removes PAC aggregate limitation on candidates; deletes report requirement on certain large contributions made within 10 days of election. - Amends TCA Title 2, Chapter 10 and Title 56, Chapter 3. by *Casada. (SB3645 by *Watson, *Ramsey, *Ketron)

Rep. Casada requested that House Bill No. 3281 be moved to the heel of the Calendar.

House Bill No. 3749 -- Traffic Safety - As introduced, requires members of the highway patrol investigating motor vehicle accidents on interstates to note on the accident report whether a physical barrier would have prevented the accident or would have prevented deaths or serious bodily injury. - Amends TCA Title 55, Chapter 10. by *Turner M. (*SB3742 by *Herron)

On motion, House Bill No. 3749 was made to conform with Senate Bill No. 3742 ; the Senate Bill was substituted for the House Bill.

Rep. M. Turner moved that Senate Bill No. 3742 be passed on third and final consideration.

Rep. P. Johnson moved that Transportation Committee Amendment No. 1 be withdrawn, which motion prevailed.

Rep. M. Turner moved that Senate Bill No. 3742 be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 84 Noes...... 0

Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Butt, Casada, Cobb, Coley, Curtiss, Dean, DeBerry L, Dennis, Dunn, Elam, Eldridge, Faison,

5859 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Montgomery, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Roach, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Madam Speaker Harwell -- 84

A motion to reconsider was tabled.

*House Bill No. 2385 -- Tennessee Regulatory Authority - As introduced, changes the membership of the authority to be five part-time directors instead of four full-time directors; sets the salaries of such directors; revises other provisions regarding the Authority. - Amends TCA Title 65. by *McCormick, *Marsh. (SB2247 by *Norris, *Faulk)

On motion, House Bill No. 2385 was made to conform with Senate Bill No. 2247 ; the Senate Bill was substituted for the House Bill.

Rep. Marsh moved that Senate Bill No. 2247 be passed on third and final consideration.

Rep. Ramsey moved that State and Local Government Committee Amendment No. 1 be withdrawn, which motion prevailed.

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

Amendment No. 2

AMEND Senate Bill No. 2247 By deleting the language "a bachelor's degree and" from subsection (b) of § 65-1-101 in SECTION 1, as amended by amendment drafting code 1596132.

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

Rep. Sargent moved adoption of Finance, Ways and Means Committee Amendment No. 1, as House Amendment No. 3, as follows:

Amendment No. 3

AMEND Senate Bill No. 2247 By adding the following language as a new subsection (d) to Section 65-1-109 of Section 9:

(d) The executive director shall submit an annual report to the general assembly comparing telecommunications, electricity, natural gas, water and wastewater utility rates between Tennessee and the southeastern states. For the purpose of reporting rates in the report, the TRA shall make comparisons on the basis of market choices made by consumers without regard to whether the services chosen are regulated or non-regulated services.

5860 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

On motion, Finance, Ways and Means Committee Amendment No. 1, as House Amendment No. 3, was adopted.

Rep. Marsh moved adoption of Amendment No. 4 as follows:

Amendment No. 4

AMEND Senate Bill No. 2247 by adding the following new section immediately preceding the last section and by renumbering the subsequent section accordingly:

SECTION ___. Tennessee Code Annotated, Title 65, Chapter 1, Part 1, is amended by adding the following language as a new, appropriately designated section:

65-1-___. Tennessee Regulatory Authority directors shall be deemed state employees as defined in § 8-27-101(g) and shall be eligible for participation in group insurance for state officials and employee plans as approved by the general assembly.

On motion, Amendment No. 4 was adopted.

Rep. Fitzhugh moved adoption of Amendment No. 5 as follows:

Amendment No. 5

AMEND Senate Bill No. 2247 by deleting the language "July 1, 2012" and by substituting instead the language "July 1, 2014".

AND FURTHER AMEND by deleting subsection (h) in its entirety and by substituting instead the following:

(h) The terms of the existing directors and directors appointed during 2014 shall be staggered and expire as follows:

(1) The term of the existing director appointed by the governor shall expire on June 30, 2017;

(2) The terms of the joint directors shall expire on June 30, 2018; and

(3) The terms of the directors appointed by the speaker of the house of representatives and the speaker of the senate shall expire on June 30, 2019.

AND FURTHER AMEND by deleting the effective date section and by substituting instead the following:

SECTION ___. For purpose of the initial appointment of the two (2) jointly appointed directors, this act shall take effect upon becoming a law, the public welfare requiring it. For all other purposes, this act shall take effect June 30, 2014, the public welfare requiring it.

5861 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Rep. Marsh moved that Amendment No. 5 be tabled, which motion prevailed by the following vote:

Ayes...... 58 Noes...... 27

Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Carr, Casada, Cobb, Coley, Dean, Dennis, Dunn, Elam, Eldridge, Faison, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harrison, Hawk, Haynes, Hensley, Hurley, Johnson C, Johnson P, Keisling, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shipley, Sparks, Swann, Watson, Weaver, White, Williams K, Williams R, Wirgau, Madam Speaker Harwell -- 58

Representatives voting no were: Armstrong, Bass, Curtiss, DeBerry L, Fitzhugh, Gilmore, Hardaway, Harmon, Hill, Jones, Kernell, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Pruitt, Shaw, Shepard, Sontany, Stewart, Tidwell, Turner J, Turner M, Windle -- 27

Rep. Fitzhugh moved adoption of Amendment No. 6 as follows:

Amendment No. 6

AMEND Senate Bill No. 2247 by deleting all language after the enacting clause and by substituting instead the following:

SECTION 1. Tennessee Code Annotated, Section 65-1-101(a), is amended by deleting the language "four (4)" and by substituting instead the language "three (3)"; by deleting the language "directors" and by substituting instead the language "commissioners"; and by deleting the following language:

one (1) shall be appointed by the speaker of the house of representatives, and one (1) commissioner shall be appointed by joint agreement among the governor, the speaker of the senate and the speaker of the house of representatives

and by substituting instead the language:

and one (1) shall be appointed by the speaker of the house of representatives

SECTION 2. Tennessee Code Annotated, Section 65-1-101, is amended by deleting subsections (b)-(f) and by substituting instead the following:

(b) The commissioners of the authority shall be state officers and shall serve for six-year terms, except as provided in subsection (g).

(c) Every March 1 prior to the expiration of the terms of office of the commissioners thereafter, the governor, the speaker of the senate and the speaker of the house of representatives shall each appoint (1) commissioner of the authority.

5862 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

(d) All appointments of the commissioners shall be confirmed by joint resolution adopted by each house of the general assembly prior to the commencement of the term of office to which such commissioner is appointed.

(e) Any vacancy on the authority shall be filled by the original appointing authority for such position to serve the unexpired term and such appointments shall be confirmed in the same manner as the original appointment. However, if the general assembly is not in session and a vacancy occurs, the appropriate appointing authority shall fill such vacancy by appointment and the appointee to such vacancy shall serve the unexpired term unless such appointment is not confirmed within thirty (30) days after the general assembly convenes following the appointment to fill such vacancy.

(f) The term of office of each commissioner shall commence on July 1, following such commissioner’s appointment.

SECTION 3. Tennessee Code Annotated, Section 65-1-101(g), is amended by deleting the subsection in its entirety and by substituting instead the following:

(g) In order to stagger the terms of commissioners, the terms of commissioners appointed prior to the effective date of this section shall expire as follows:

(1) The term of the commissioner appointed by the governor and the term of the commissioner appointed by the joint agreement of all the appointing authorities shall expire on June 30, 2012. The commissioner appointed by joint agreement shall be thereafter eliminated;

(2) The term of the commissioners appointed by the speaker of the house of representatives and the speaker of the senate shall expire on June 30, 2014; and

(3) Thereafter, all members shall serve six-year terms.

SECTION 4. Tennessee Code Annotated, Section 65-1-104, is amended by deleting the section in its entirety and by substituting instead the following:

65-1-104.

(a) A majority of the Tennessee regulatory authority shall constitute a quorum for the transaction of business. The authority shall elect one (1) of its commissioners to be chair of the authority for a two-year term.

(b) The Tennessee regulatory authority, with the advice of the executive director, shall establish policies for the efficient and economical internal management of the authority, to be administered by the executive director.

(c) Policies established by the authority shall be communicated to the executive director by the chair, and the chair shall be responsible for ensuring that policies established by the authority are fully executed by the executive director. In addition, the chair shall have the power and duty to conduct ordinary

5863 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

and necessary business in the name of the authority, such duties to include, but not be limited to the following:

(1) Prepare and call the docket of items to be heard during each scheduled meeting of the authority;

(2) Serve as the designated contact for all media inquiries to the authority; and

(3) Perform such other duties as the authority may require or as may be required by statute.

SECTION 5. Tennessee Code Annotated, Section 65-1-105, is amended by deleting the language “four (4)” and inserting the language “three (3)” at the beginning of subdivision (b).

SECTION 6. Tennessee Code Annotated, Title 65, Chapter 1, Part 1, is amended by adding the following as a new, appropriately designated section:

65-1-109 .

(a) The executive director shall be appointed by joint agreement among the governor, the speaker of the senate and the speaker of the house of representatives for the initial term. Thereafter, the commissioners of the authority shall appoint the executive director. Except as provided in subsection (b), the term of the executive director shall be three (3) years. The executive director shall have at a minimum a bachelor’s degree and either a minimum of five (5) years’ experience in the regulated utility industry or a minimum of five (5) years’ experience in executive-level management, with a preference toward experience in economics, law, finance, accounting or engineering. The executive director shall not be a commissioner of the authority.

(b) The authority may remove the executive director by a majority vote of the commissioners.

(c) The executive director shall have the principal responsibility of implementing the broad strategies, goals, objectives, long-range plans and policies of the authority as directed by the authority. Among the executive director’s duties, which are not limited to the following list, are:

(1) Serving as chief operating officer of the authority responsible for the day to day management of the authority and the supervision and hiring of all staff members within the limits of available funds authorized from time to time by the legislature;

(2) Administering, monitoring, and reviewing the operating procedures of each division of the authority, ensuring that each employee and division of the authority fully executes in an efficient and economical manner, the separate duties assigned to each;

5864 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

(3) Recommending to the authority such rules and policies as are necessary and appropriate to efficiently and economically provide for internal management of the authority;

(4) Implementing and administering rules and policies for the efficient and economical internal management of the authority;

(5) Coordinating the preparation of the report to the general assembly as required by Section 65-1-111;

(6) Supervising the expenditure of funds and being responsible for complying with all applicable provisions of state and federal law in the receipt and disbursement of funds;

(7) Keeping the official full and correct record of all proceedings and transactions of the authority; and

(8) Performing such other duties as the authority may require, from time to time, or as may be required by statute.

(d) The commissioners of the authority shall set the compensation of the executive director.

SECTION 7. The Tennessee Code Commission is requested to change appropriate references in Tennessee Code Annotated to reflect the change in the designation of persons serving on the Tennessee Regulatory Authority from "directors" to "commissioners", as supplements are issued and volumes are replaced.

SECTION 8. Section 3 and this section shall take effect upon becoming a law, the public welfare requiring it. All other provisions of this act shall take effect on July 1, 2012, the public welfare requiring it.

Rep. Marsh moved that Amendment No. 6 be tabled, which motion prevailed by the following vote:

Ayes...... 54 Noes...... 27

Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Carr, Casada, Cobb, Coley, Dean, Dennis, Dunn, Elam, Eldridge, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harrison, Hawk, Haynes, Hensley, Hurley, Johnson C, Johnson P, Keisling, Lollar, Matheny, McCormick, McDaniel, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shipley, Sparks, Swann, Watson, Weaver, White, Williams K, Williams R, Wirgau, Madam Speaker Harwell -- 54

Representatives voting no were: Armstrong, Curtiss, DeBerry L, Fitzhugh, Gilmore, Hardaway, Harmon, Hill, Jones, Kernell, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Pruitt, Richardson, Shaw, Shepard, Sontany, Stewart, Tidwell, Turner J, Turner M, Windle -- 27

5865 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

EXCUSED

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

Representative Camper; personal

PRESENT IN CHAMBER

Representative(s) Brown was/were recorded as being present in the Chamber.

REGULAR CALENDAR, CONTINUED

Rep. McCormick moved adoption of Amendment No. 7 as follows:

Amendment No. 7

AMEND Senate Bill No. 2247 By deleting the amendatory language "state employees as defined in § 8-27-101(g)" and by substituting instead the language "state employees as defined in § 8-27-201(g)".

On motion, Amendment No. 7 was adopted.

Rep. Marsh moved that Senate Bill No. 2247 , as amended, be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 60 Noes...... 28 Present and not voting...... 1

Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Casada, Cobb, Coley, Dean, Dennis, Dunn, Elam, Eldridge, Faison, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harrison, Hawk, Haynes, Hensley, Holt, Hurley, Johnson C, Johnson P, Keisling, Lollar, Maggart, Marsh, Matheny, McCormick, McDaniel, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shepard, Shipley, Sparks, Swann, Todd, Watson, Weaver, White, Williams K, Williams R, Wirgau, Womick, Madam Speaker Harwell -- 60

Representatives voting no were: Armstrong, Brown, Curtiss, DeBerry J, DeBerry L, Evans, Fitzhugh, Gilmore, Hardaway, Hill, Jones, Kernell, Matlock, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Pruitt, Richardson, Shaw, Sontany, Stewart, Turner J, Turner M, Windle -- 28

Representatives present and not voting were: Bass -- 1

A motion to reconsider was tabled.

5866 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

REQUEST TO CHANGE VOTE

Pursuant to Rule No. 31 , the following member(s) desire to change their original stand from “not voting” to “aye” on Senate Bill No. 2247 and have this statement entered in the Journal: Rep(s). Carr and Tidwell.

REGULAR CALENDAR, CONTINUED

*House Bill No. 3472 -- Sports - As introduced, revises the Tennessee Athletic Commission Act of 2008. - Amends TCA Title 68, Chapter 115. by *Todd, *Harrison. (SB3264 by *Tate, *Ketron)

On motion, House Bill No. 3472 was made to conform with Senate Bill No. 3264 ; the Senate Bill was substituted for the House Bill.

Rep. Todd moved that Senate Bill No. 3264 be passed on third and final consideration.

Rep. McManus moved that Commerce Committee Amendment No. 1 be withdrawn, which motion prevailed.

Rep. Todd moved that Senate Bill No. 3264 be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 92 Noes...... 0

Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Brown, Butt, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Montgomery, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 92

A motion to reconsider was tabled.

Senate Bill No. 3647 -- Conservation - As introduced, decreases time county conservation board must organize from 30 days after appointment to 20 days after appointment; allows board to send report of transactions and operations to commissioner electronically. - Amends TCA Title 11 and Title 67. by *Southerland, *Ramsey, *Ketron, *Marrero . (*HB3111 by *Campbell)

Rep. McCormick requested that Senate Bill No. 3647 be moved down 20 places on the Calendar.

5867 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

*Senate Bill No. 326 -- Health Care - As introduced, enacts the Health Care Compact. - Amends TCA Title 4; Title 33; Title 63; Title 68 and Title 71. by *Beavers, *Tracy, *Gresham, *Ramsey, *Roberts, *Kelsey, *Johnson. (HB369 by *Pody, *White, *Shipley, *Casada, *Carr, *Williams K, *Evans, *Maggart, *Rich, *Hensley, *Ramsey, *Lollar, *Todd, *Weaver, *Keisling, *Coley, *Alexander, *Sparks, *Powers, *Ragan, *Hall, *Butt, *Niceley, *Dennis, *Hurley, *Matheny, *Sexton, *Forgety, *Hawk, *Lundberg, *McManus, *Faison, *Miller D, *Sanderson, *Eldridge, *Wirgau, *Matlock, *Elam, *Dean, *Montgomery, *Ford, *Womick, *Holt, *Marsh, *Floyd)

Further consideration of Senate Bill No. 326 previously considered on today’s Calendar, at which time the House substituted the Senate Bill for the House Bill.

Rep. Pody moved that Senate Bill No. 326 be passed on third and final consideration.

Rep. Casada moved that Health and Human Resources Committee Amendment No. 1 be withdrawn, which motion prevailed.

Rep. Sargent moved that Finance, Ways and Means Committee Amendment No. 1, as House Amendment No. 2, be withdrawn, which motion prevailed.

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

Amendment No. 3

AMEND Senate Bill No. 326 by adding the following new section to SECTION 1 of the bill:

68-1-25__.

Tennessee, acting in concert as a Member State, shall not participate in this Compact, if participation includes terminating health insurance coverage of college students ages twenty-seven (27) and under, who are insured under by the college students' parents or guardians.

Rep. Pody moved that Amendment No. 3 be tabled, which motion prevailed by the following vote:

Ayes...... 55 Noes...... 32

Representatives voting aye were: Alexander, Butt, Carr, Casada, Cobb, Coley, Dean, Dennis, Eldridge, Evans, Faison, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harrison, Hawk, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Keisling, Lollar, Marsh, Matheny, Matlock, McCormick, McDaniel, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Ramsey, Rich, Roach, Sanderson, Sexton, Shipley, Sparks, Swann, Todd, Watson, Weaver, White, Williams R, Wirgau, Womick, Madam Speaker Harwell -- 60

Representatives voting no were: Armstrong, Bass, Brooks H, Brown, Curtiss, DeBerry J, DeBerry L, Dunn, Elam, Fitzhugh, Gilmore, Hardaway, Harmon, Jones, Kernell, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Pruitt, Richardson, Shaw, Shepard, Sontany, Stewart, Tidwell, Turner J, Turner M, Windle -- 28

5868 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Rep. McDonald moved adoption of Amendment No. 4 as follows:

Amendment No. 4

AMEND Senate Bill No. 326 by adding the following new section to SECTION 1 of the bill:

68-1-25__.

Tennessee, acting in concert as a Member State, shall not participate in this Compact, if participation includes expanding abortion rights, specifically, late term abortions.

Rep. Hill moved that Amendment No. 4 be tabled, which motion failed by the following vote:

Ayes...... 35 Noes...... 45 Present and not voting...... 2

Representatives voting aye were: Butt, Carr, Dennis, Eldridge, Faison, Floyd, Ford, Forgety, Gotto, Halford, Hurley, Johnson C, Johnson P, Keisling, Lollar, Marsh, Matheny, Matlock, Niceley, Pody, Ragan, Ramsey, Roach, Sanderson, Sexton, Shipley, Sparks, Todd, Turner M, Watson, Weaver, White, Williams R, Womick, Madam Speaker Harwell -- 35

Representatives voting no were: Alexander, Armstrong, Bass, Brooks H, Brown, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dunn, Elam, Fitzhugh, Hall, Hardaway, Harmon, Hawk, Haynes, Hensley, Hill, Jones, Kernell, McDonald, McManus, Miller D, Miller L, Montgomery, Moore, Naifeh, Odom, Parkinson, Pitts, Pruitt, Richardson, Shaw, Shepard, Sontany, Stewart, Swann, Tidwell, Turner J, Williams K, Windle -- 45

Representatives present and not voting were: McCormick, Powers -- 2

On motion, Amendment No. 4 was adopted.

REQUEST TO CHANGE VOTE

Pursuant to Rule No. 31 , the following member(s) desire to change their original stand from “not voting” to “no” on the tabling motion to Amendment No. 4 to Senate Bill No. 326 and have this statement entered in the Journal: Rep(s). Holt.

Pursuant to Rule No. 31 , the following member(s) desire to change their original stand from “no” to “aye” on Senate Bill No. 1738 , previously adopted on April 30, 2012, and have this statement entered in the Journal: Rep(s). Montgomery.

REGULAR CALENDAR, CONTINUED

Rep. M. Turner requested that Amendment No. 5 be moved to the heel.

5869 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Rep. Armstrong moved adoption of Amendment No. 6 as follows:

Amendment No. 6

AMEND Senate Bill No. 326 by adding the following as a new Section 10 to the end of § 68-1-2601 of the amendatory language of Section 1:

Section 10. Notwithstanding any other provision of this compact, in the event the state of Tennessee joins this compact, no provision of this compact shall authorize or in any manner permit the state of Tennessee from taking any action that would diminish, dilute or any manner abridge the rights and benefits of children and their families under Children's Health Insurance Program (CHIP), as such program exists on the effective date of this act.

Rep. Pody moved that Amendment No. 6 be tabled, which motion prevailed by the following vote:

Ayes...... 53 Noes...... 36

Representatives voting aye were: Brooks H, Brooks K, Butt, Carr, Casada, Cobb, Dean, Dennis, Elam, Eldridge, Evans, Floyd, Ford, Forgety, Gotto, Halford, Harrison, Hensley, Hill, Hurley, Johnson C, Johnson P, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shipley, Sparks, Swann, Todd, Watson, Weaver, White, Williams R, Wirgau, Womick, Madam Speaker Harwell -- 53

Representatives voting no were: Alexander, Armstrong, Bass, Brown, Coley, Curtiss, DeBerry J, DeBerry L, Dunn, Fitzhugh, Gilmore, Hardaway, Harmon, Hawk, Haynes, Jones, Keisling, Kernell, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Pruitt, Richardson, Shaw, Shepard, Sontany, Stewart, Tidwell, Turner J, Turner M, Williams K, Windle -- 36

BILL RE-REFERRED

Rep. K. Williams moved that Senate Bill No. 326, as amended, be re-referred to the Health and Human Resources Committee.

Rep. Pody moved that the motion to re-refer Senate Bill No. 326 to the Health and Human Resources Committee be tabled, which motion prevailed by the following vote:

Ayes...... 56 Noes...... 33 Present and not voting...... 2

Representatives voting aye were: Alexander, Brooks H, Butt, Carr, Casada, Cobb, Coley, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Forgety, Halford, Hall, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Keisling, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Ramsey, Rich, Roach, Sanderson, Sexton, Shipley, Sparks, Tidwell, Todd, Turner M, Watson, Weaver, White, Williams R, Wirgau, Womick, Madam Speaker Harwell -- 56

5870 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Representatives voting no were: Armstrong, Bass, Brown, Curtiss, DeBerry J, DeBerry L, Fitzhugh, Ford, Gilmore, Gotto, Hardaway, Harmon, Harrison, Jones, Kernell, McDaniel, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Pruitt, Richardson, Shaw, Shepard, Sontany, Stewart, Swann, Turner J, Williams K, Windle -- 33

Representatives present and not voting were: Dean, Sargent -- 2

REQUEST TO CHANGE VOTE

Pursuant to Rule No. 31 , the following member(s) desire to change their original stand from “aye” to “no” on the tabling motion to the motion to re-refer Senate Bill No. 326 and have this statement entered in the Journal: Rep(s). Tidwell.

REGULAR CALENDAR, CONTINUED

Rep. Sargent moved that the House reconsider its action in withdrawing Finance, Ways and Means Committee Amendment No. 1, as House Amendment No. 2, which motion prevailed.

Rep. Sargent moved adoption of Finance, Ways and Means Committee Amendment No. 1, as House Amendment No. 2, as follows:

Amendment No. 2

AMEND Senate Bill No. 326 by deleting all language after the caption and by substituting instead the following:

Whereas, the separation of powers, both between the branches of the Federal government and between Federal and State authority, is essential to the preservation of individual liberty;

Whereas, the Constitution creates a Federal government of limited and enumerated powers, and reserves to the States or to the people those powers not granted to the Federal government;

Whereas, the Federal government has enacted many laws that have preempted State laws with respect to Health Care, and placed increasing strain on State budgets, impairing other responsibilities such as education, infrastructure, and public safety;

Whereas, the Member States seek to protect individual liberty and personal control over Health Care decisions, and believe the best method to achieve these ends is by vesting regulatory authority over Health Care in the States;

Whereas, by acting in concert, the Member States may express and inspire confidence in the ability of each Member State to govern Health Care effectively; and

5871 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Whereas, the Member States recognize that consent of Congress may be more easily secured if the Member States collectively seek consent through an interstate compact; and

Whereas, the Member States hereto resolve, and by the adoption into law under their respective State Constitutions of this Health Care Compact; now, therefore, BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Title 68, Chapter 1, is amended by adding the following language as a new part:

68-1-2501. This part shall be known and may be cited as the "Health Care Compact."

68-1-2502. By this part, Tennessee shall become a party to the health care compact in accordance with the terms of the compact. "Compact" means the health care compact. The compact is as follows:

Section 1. Definitions. As used in this Compact, unless the context clearly indicates otherwise:

(1) “Commission” means the Interstate Advisory Health Care Commission.

(2) “Effective Date” means the date upon which this Compact shall become effective for purposes of the operation of State and Federal law in a Member State, which shall be the later of:

(A) The date upon which this Compact shall be adopted under the laws of the Member State, and

(B) The date upon which this Compact receives the consent of Congress pursuant to Article I, Section 10, of the United States Constitution, after at least two Member States adopt this Compact.

(3) “Health Care” means care, services, supplies, or plans related to the health of an individual and includes but is not limited to:

(A) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care and counseling, service, assessment, or procedure with respect to the physical or mental condition or functional status of an individual or that affects the structure or function of the body, and

5872 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

(B) Sale or dispensing of a drug, device, equipment, or other item in accordance with a prescription, and

(C) An individual or group plan that provides, or pays the cost of, care, services, or supplies related to the health of an individual, except any care, services, supplies, or plans provided by the United States Department of Defense and United States Department of Veteran Affairs, or provided to Native Americans.

(4) “Member State” means a State that is signatory to this Compact and has adopted it under the laws of that State.

(5) “Member State Base Funding Level” means a number equal to the total Federal spending on Health Care in the Member State during Federal fiscal year 2010. On or before the Effective Date, each Member State shall determine the Member State Base Funding Level for its State, and that number shall be binding upon that Member State. The preliminary estimate of Member State Base Funding Level for the State of Tennessee is $21,840,000,000.

(6) “Member State Current Year Funding Level” means the Member State Base Funding Level multiplied by the Member State Current Year Population Adjustment Factor multiplied by the Current Year Inflation Adjustment Factor.

(7) “Member State Current Year Population Adjustment Factor” means the average population of the Member State in the current year less the average population of the Member State in Federal fiscal year 2010, divided by the average population of the Member State in Federal fiscal year 2010, plus 1. Average population in a Member State shall be determined by the United States Census Bureau.

(8) “Current Year Inflation Adjustment Factor” means the Total Gross Domestic Product Deflator in the current year divided by the Total Gross Domestic Product Deflator in Federal fiscal year 2010. Total Gross Domestic Product Deflator shall be determined by the Bureau of Economic Analysis of the United States Department of Commerce.

Section 2. Pledge. The Member States shall take joint and separate action to secure the consent of the United States Congress to this Compact in order to return the authority to regulate Health Care to the Member States consistent with the goals and principles articulated in this Compact. The Member States shall improve Health Care policy within their respective jurisdictions and according to the judgment and discretion of each Member States.

5873 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Section 3. Legislative Power. The legislatures of the Member States have the primary responsibility to regulate Health Care in their respective States.

The Health Care Compact

Section 4. State Control. Each Member State, within its State, may suspend by legislation the operation of all federal laws, rules, regulations, and orders regarding Health Care that are inconsistent with the laws and regulations adopted by the Member State pursuant to this Compact. Federal and State laws, rules, regulations, and orders regarding Health Care will remain in effect unless a Member State expressly suspends them pursuant to its authority under this Compact. For any federal law, rule, regulation, or order that remains in effect in a Member State after the Effective Date, that Member State shall be responsible for the associated funding obligations in its State.

Section 5. Funding.

(a) Each Federal fiscal year, each Member State shall have the right to Federal monies up to an amount equal to its Member State Current Year Funding Level for that Federal fiscal year, funded by Congress as mandatory spending and not subject to annual appropriation, to support the exercise of Member State authority under this Compact. This funding shall not be conditional on any action of or regulation, policy, law, or rule being adopted by the Member State.

(b) By the start of each Federal fiscal year, Congress shall establish an initial Member State Current Year Funding Level for each Member State, based upon reasonable estimates. The final Member State Current Year Funding Level shall be calculated, and funding shall be reconciled by the United States Congress based upon information provided by each Member State and audited by the United States Government Accountability Office.

Section 6. Interstate Advisory Health Care Commission.

(a) The Interstate Advisory Health Care Commission is established. The Commission consists of members appointed by each Member State through a process to be determined by each Member State. A Member State may not appoint more than two members to the Commission and may withdraw membership from the Commission at any time. Each Commission member is entitled to one vote. The Commission shall not act unless a majority of the members are present, and no action shall be binding unless approved by a majority of the Commission’s total membership.

(b) The Commission may elect from among its membership a Chairperson. The Commission may adopt and publish bylaws and policies that are not inconsistent with this

5874 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Compact. The Commission shall meet at least once a year, and may meet more frequently.

(c) The Commission may study issues of Health Care regulation that are of particular concern to the Member States. The Commission may make non-binding recommendations to the Member States. The legislatures of the Member States may consider these recommendations in determining the appropriate Health Care policies in their respective States.

(d) The Commission shall collect information and data to assist the Member States in their regulation of Health Care, including assessing the performance of various State Health Care programs and compiling information on the prices of Health Care. The Commission shall make this information and data available to the legislatures of the Member States. Notwithstanding any other provision in this Compact, no Member State shall disclose to the Commission the health information of any individual, nor shall the Commission disclose the health information of any individual.

(e) The Commission shall be funded by the Member States as agreed to by the Member States. The Commission shall have the responsibilities and duties as may be conferred upon it by subsequent action of the respective legislatures of the Member States in accordance with the terms of this Compact.

(f) The Commission shall not take any action within a Member State that contravenes any State law of that Member State.

Section 7. Congressional Consent. This Compact shall be effective on its adoption by at least two Member States and consent of the United States Congress. This Compact shall be effective unless the United States Congress, in consenting to this Compact, alters the fundamental purposes of this Compact, which are:

(a) To secure the right of the Member States to regulate Health Care in their respective States pursuant to this Compact and to suspend the operation of any conflicting federal laws, rules, regulations, and orders within their States; and

(b) To secure Federal funding for Member States that choose to invoke their authority under this Compact, as prescribed by Section 5 above.

Section 8. Amendments. The Member States, by unanimous agreement, may amend this Compact from time to time without the prior consent or approval of Congress and any amendment shall be effective unless, within one year, the Congress disapproves that amendment. Any State may join this Compact after the date on which Congress consents to the Compact by adoption into law under its State Constitution.

5875 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Section 9. Withdrawal; Dissolution. Any Member State may withdraw from this Compact by adopting a law to that effect, but no such withdrawal shall take effect until six months after the Governor of the withdrawing Member State has given notice of the withdrawal to the other Member States. A withdrawing State shall be liable for any obligations that it may have incurred prior to the date on which its withdrawal becomes effective. This Compact shall be dissolved upon the withdrawal of all but one of the Member States.

68-1-2503. Notwithstanding any provision of § 68-1-2502 to the contrary, no state or federal funds shall be expended to participate in the Interstate Advisory Health Care Commission and Tennessee shall not be liable, nor shall such liability accrue, for any administrative and operational costs of the compact or commission from the effective date of this act until such time as the conditions of § 68-1-2504 are satisfied.

68-1-2504. Notwithstanding any provision of § 68-1-2502 to the contrary, no federal funds shall be expended pursuant to this part, nor shall Federal administration and regulation of health care in this state cease pursuant to this part, until the following conditions are satisfied:

(1) Congress consents to state regulatory autonomy over health care in a manner consistent with Section 7 of the compact;

(2) The general assembly enacts by law a sufficient administrative framework to provide effective and efficient state administration and regulation over health care; and

(3) A specific appropriation for participation in the Interstate Advisory Health Care Commission and recognition of any increased Federal funding is included in the annual appropriations act for any fiscal year beginning on July 1 subsequent to the conditions of subdivisions (1) and (2) being satisfied. For purposes of this subdivision (3), "participation" includes, but is not limited to, any administrative or operational costs of the compact or commission that may be apportioned to Tennessee as a member of the compact.

SECTION 2. Tennessee Code Annotated, Section 4-29-235(a), is amended by adding a new subdivision thereto, as follows:

( ) Health care compact, created by § 68-1-2601;

SECTION 3. This act shall take effect upon becoming law, the public welfare requiring it.

On motion, Finance, Ways and Means Committee Amendment No. 1, as House Amendment No. 2, was adopted.

Rep. McDonald moved that the House reconsider its action in adopting Amendment No. 4, which motion prevailed.

5876 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Rep. McDonald moved adoption of Amendment No. 4 as follows:

Amendment No. 4

AMEND Senate Bill No. 326 by adding the following new section to SECTION 1 of the bill:

68-1-25__.

Tennessee, acting in concert as a Member State, shall not participate in this Compact, if participation includes expanding abortion rights, specifically, late term abortions.

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

After further discussion, on motion, Amendment No. 4 was adopted.

Rep. Pitts moved adoption of Amendment No. 7 as follows:

Amendment No. 7

AMEND Senate Bill No. 326 by adding the following as a new Section 10 to the end of § 68-1-2601 of the amendatory language of Section 1:

Section 10. Notwithstanding any other provision of this compact, in the event the state of Tennessee joins this compact, no provision of this compact shall authorize or in any manner permit the state of Tennessee from taking any action that would diminish, dilute or any manner abridge the rights and benefits of veterans under any health care programs affecting veterans, as such programs exist on the effective date of this act.

Rep. Pody moved that Amendment No. 7 be tabled, which motion failed by the following vote:

Ayes...... 40 Noes...... 47 Present and not voting...... 2

Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Carr, Casada, Coley, Dean, Dennis, Elam, Eldridge, Evans, Faison, Floyd, Ford, Forgety, Halford, Hensley, Hill, Hurley, Johnson C, Lollar, Marsh, Matheny, Matlock, McManus, Miller D, Niceley, Pody, Ragan, Ramsey, Roach, Sanderson, Sexton, Shipley, Sparks, Weaver, White, Womick, Madam Speaker Harwell -- 40

Representatives voting no were: Armstrong, Bass, Brown, Cobb, Curtiss, DeBerry J, DeBerry L, Dunn, Fitzhugh, Gilmore, Gotto, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Holt, Jones, Keisling, Kernell, McDaniel, McDonald, Miller L, Montgomery, Moore, Naifeh, Odom, Parkinson, Pitts, Powers, Pruitt, Richardson, Shaw, Shepard, Sontany, Stewart, Swann, Tidwell, Todd, Towns, Turner J, Turner M, Watson, Williams K, Williams R, Windle -- 47

Representatives present and not voting were: McCormick, Sargent -- 2

5877 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

On motion, Amendment No. 7 was adopted.

Rep. Fitzhugh moved adoption of Amendment No. 8 as follows:

Amendment No. 8

AMEND Senate Bill No. 326 by adding the following as a new Section 10 to the end of § 68-1-2601 of the amendatory language of Section 1:

Section 10. Notwithstanding any other provision of this compact, in the event the state of Tennessee joins this compact, no provision of this compact shall authorize or in any manner permit the state of Tennessee from taking any action that would diminish, dilute or any manner abridge the rights and benefits of elder and other citizens under Medicaid or TennCare as such programs exist on the effective date of this act.

On motion, Amendment No. 8 was adopted.

Rep. Odom moved adoption of Amendment No. 9 as follows:

Amendment No. 9

AMEND Senate Bill No. 326 by adding the following as a new Section 10 to the end of § 68-1-2601 of the amendatory language of Section 1:

Section 10. Notwithstanding any other provision of this compact, in the event the state of Tennessee joins this compact, no provision of this compact shall authorize or in any manner permit the state of Tennessee from taking any action that would diminish, dilute or any manner abridge the rights and benefits of elder citizens under Medicare as

On motion, Amendment No. 9 was adopted by the following vote:

Ayes...... 69 Noes...... 9 Present and not voting...... 3

Representatives voting aye were: Alexander, Armstrong, Bass, Brown, Butt, Carr, Curtiss, Dean, DeBerry J, DeBerry L, Dunn, Eldridge, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harrison, Hawk, Haynes, Johnson C, Johnson P, Jones, Kernell, Maggart, Marsh, Matheny, McCormick, McDaniel, McDonald, Miller D, Miller L, Montgomery, Moore, Naifeh, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Rich, Richardson, Roach, Sanderson, Sexton, Shaw, Shepard, Shipley, Sontany, Stewart, Swann, Tidwell, Towns, Turner J, Turner M, Watson, Weaver, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 69

Representatives voting no were: Brooks H, Casada, Cobb, Elam, Hensley, Keisling, Lollar, Todd, White -- 9

Representatives present and not voting were: Dennis, Ragan, Sparks -- 3

5878 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Rep. M. Turner moved adoption of Amendment No. 10 as follows:

Amendment No. 10

AMEND Senate Bill No. 326 by deleting the first sentence of Section 1 in the original bill as follows:

By this part, Tennessee shall become a party to the health care compact in accordance with the terms of the compact. “Compact” means the health care compact.

and by substituting instead

By this part, Tennessee may become a party to the health care compact in accordance with the terms of the compact. “Compact” means the health care compact.

On motion, Amendment No. 10 was adopted.

Rep. M. Turner moved adoption of Amendment No. 5 as follows:

Amendment No. 5

AMEND Senate Bill No. 326 by adding the following new section to SECTION 1 of the bill:

68-1-25__.

Tennessee, acting in concert as a Member State, shall not participate in this Compact, if participation includes the adoption of any United Nations (UN) Health Plans.

On motion, Amendment No. 5 was adopted.

Rep. K. Williams moved the previous question, which motion failed by the following vote:

Ayes...... 58 Noes...... 31

Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Carr, Casada, Cobb, Coley, Dean, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harrison, Hawk, Hill, Holt, Hurley, Johnson C, Johnson P, Keisling, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Rich, Roach, Sanderson, Sargent, Sexton, Shipley, Swann, Todd, Watson, White, Williams K, Williams R, Wirgau, Womick, Madam Speaker Harwell -- 58

Representatives voting no were: Armstrong, Bass, Brown, Curtiss, DeBerry J, DeBerry L, Fitzhugh, Gilmore, Hardaway, Harmon, Haynes, Hensley, Jones, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Richardson, Shaw, Shepard, Sontany, Stewart, Tidwell, Towns, Turner J, Turner M, Weaver, Windle -- 31

5879 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

BILL RE-REFERRED

Rep. Fitzhugh moved that Senate Bill No. 326, as amended, be re-referred to the Finance, Ways and Means Committee.

Rep. Pody moved that the motion to re-refer Senate Bill No. 326 to the Finance, Ways and Means Committee be tabled, which motion prevailed by the following vote:

Ayes...... 58 Noes...... 32 Present and not voting...... 2

Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Carr, Casada, Coley, Dean, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harrison, Hawk, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Keisling, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Pruitt, Ragan, Rich, Roach, Sanderson, Sexton, Shipley, Sparks, Swann, Todd, Watson, Weaver, White, Williams R, Wirgau, Womick, Madam Speaker Harwell -- 58

Representatives voting no were: Armstrong, Bass, Brown, Cobb, Curtiss, DeBerry J, DeBerry L, Fitzhugh, Gilmore, Hardaway, Harmon, Haynes, Jones, Kernell, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Richardson, Shaw, Shepard, Sontany, Stewart, Tidwell, Towns, Turner J, Turner M, Williams K, Windle -- 32

Representatives present and not voting were: McDaniel, Sargent -- 2

Rep. Dean moved the previous question, which motion failed by the following vote:

Ayes...... 60 Noes...... 31 Present and not voting...... 1

Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Carr, Casada, Cobb, Coley, Dean, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harrison, Hawk, Hill, Holt, Hurley, Johnson C, Johnson P, Keisling, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Ramsey, Rich, Roach, Sanderson, Sexton, Shaw, Shipley, Sparks, Swann, Todd, Watson, Weaver, White, Williams R, Wirgau, Womick, Madam Speaker Harwell -- 60

Representatives voting no were: Armstrong, Bass, Brown, Curtiss, DeBerry J, DeBerry L, Fitzhugh, Hardaway, Harmon, Haynes, Hensley, Jones, Kernell, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Pruitt, Richardson, Shepard, Sontany, Stewart, Tidwell, Towns, Turner J, Turner M, Williams K, Windle -- 31

Representatives present and not voting were: Sargent -- 1

After further discussion, Rep. Dunn moved the previous question, which motion prevailed by the following vote:

5880 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Ayes...... 61 Noes...... 27

Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Carr, Casada, Cobb, Coley, Dean, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harrison, Hawk, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Keisling, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Ramsey, Rich, Roach, Sanderson, Sexton, Shaw, Shipley, Sparks, Swann, Todd, Watson, Weaver, White, Williams R, Wirgau, Womick, Madam Speaker Harwell -- 61

Representatives voting no were: Armstrong, Bass, Brown, Curtiss, DeBerry L, Fitzhugh, Gilmore, Hardaway, Harmon, Jones, Kernell, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pruitt, Shepard, Sontany, Stewart, Tidwell, Towns, Turner J, Turner M, Williams K, Windle -- 27

Rep. Pody moved that Senate Bill No. 326 , as amended, be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 62 Noes...... 27 Present and not voting...... 2

Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, Dennis, Elam, Eldridge, Evans, Faison, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Keisling, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Ramsey, Rich, Roach, Sanderson, Sexton, Shipley, Sparks, Swann, Todd, Watson, Weaver, White, Williams K, Williams R, Wirgau, Womick, Madam Speaker Harwell -- 62

Representatives voting no were: Armstrong, Brown, DeBerry L, Fitzhugh, Gilmore, Hardaway, Harmon, Jones, Kernell, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Pruitt, Richardson, Shaw, Shepard, Sontany, Stewart, Tidwell, Towns, Turner J, Turner M, Windle -- 27

Representatives present and not voting were: Bass, Dunn -- 2

A motion to reconsider was tabled.

5881 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

*House Bill No. 2865 -- Criminal Procedure - As introduced, allows nonviolent offenders who have completed all requirements of their sentence and have no violent convictions to petition the court for expungement of their criminal records every two years. - Amends TCA Title 40, Chapter 32. by *Camper, *Gilmore, *Faison, *Powers, *Dennis, *Ford, *Stewart, *Sontany, *Hardaway, *Armstrong, *Floyd, *Shaw, *Turner M, *Moore, *Tidwell, *Parkinson, *Miller L, *Richardson, *Shepard, *Curtiss, *Turner J, *Towns, *Matheny, *Hawk, *Naifeh, *Kernell, *Odom, *Pruitt, *Sparks, *Coley, *Brown, *Favors, *Jones S, *DeBerry L, *Pitts, *McDonald, *Fitzhugh, *Eldridge, *Cooper B. (SB3520 by *Tate, *Marrero, *Kyle, *Harper)

On motion, House Bill No. 2865 was made to conform with Senate Bill No. 3520 ; the Senate Bill was substituted for the House Bill.

Rep. Matheny moved that Senate Bill No. 3520 be passed on third and final consideration.

Rep. Watson moved that Judiciary Committee Amendment No. 1 be withdrawn, which motion prevailed.

Rep. Sargent moved that Finance, Ways and Means Committee Amendment No. 1, as House Amendment No. 2, be withdrawn, which motion prevailed.

Rep. L. DeBerry moved the previous question, which motion prevailed.

Rep. Matheny moved that Senate Bill No. 3520 be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 88 Noes...... 1

Representatives voting aye were: Alexander, Armstrong, Brooks H, Brooks K, Brown, Butt, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, Miller D, Miller L, Montgomery, Moore, Naifeh, Niceley, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Wirgau, Womick, Madam Speaker Harwell -- 88

Representatives voting no were: Windle -- 1

A motion to reconsider was tabled.

5882 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

*House Bill No. 2725 -- Welfare - As introduced, requires applicants for TANF benefits to undergo a drug test before receiving such benefits; restricts TANF benefits for positive drug test results under certain circumstances. - Amends TCA Title 4, Chapter 3, Part 12; Title 4, Chapter 3, Part 18 and Title 71. by *Hurley, *Evans, *Johnson C, *Sexton, *Hensley, *Hawk, *Hall, *Brooks H, *Sparks, *Brooks K, *Ramsey, *Alexander, *Matheny, *Eldridge, *Williams R, *White, *Halford, *Casada, *McCormick, *Coley, *Campbell, *Matlock. (SB2580 by *Campfield, *Ramsey, *Tracy, *Bell)

On motion, House Bill No. 2725 was made to conform with Senate Bill No. 2580 ; the Senate Bill was substituted for the House Bill.

Rep. Hurley moved that Senate Bill No. 2580 be passed on third and final consideration.

Rep. Casada moved that Health and Human Resources Committee Amendment No. 1 be withdrawn, which motion prevailed.

Rep. Casada moved that Health and Human Resources Committee Amendment No. 2 be withdrawn, which motion prevailed.

Rep. Casada moved that Health and Human Resources Committee Amendment No. 3 be withdrawn, which motion prevailed.

Rep. Sargent moved that Finance, Ways and Means Committee Amendment No. 1, as House Amendment No. 4, be withdrawn, which motion prevailed.

Without objection, Amendment No. 5 was moved to the heel.

Rep. Shaw moved adoption of Amendment No. 6 as follows:

Amendment No. 6

AMEND Senate Bill No. 2580 by adding the following new section immediately preceding the last section and by renumbering the subsequent section accordingly:

SECTION ___. Tennessee Code Annotated, Title 3, Chapter 1, Part 1, is amended by adding the following as a new section:

3-1-123.

(a) The speaker of the house of representatives and the speaker of the senate, in consultation with the minority leaders in each house of the general assembly, shall develop and implement a system for drug testing the members of the general assembly. The system shall provide for the testing of a member of the general assembly in a manner consistent with the provisions for a drug free workplace under title 50, chapter 9, subject to the limitations of this section. The general assembly shall be deemed to be a covered employer for the purposes of title 50, chapter 9, involving compliance with the provisions of this section. The expenses of the system may be paid from applicable accounts of the general assembly for official purposes.

5883 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

(b) Members of the general assembly elected on and after November 6, 2012 shall be tested in the same manner as an employee on the basis of a reasonable suspicion under § 50-9-106(a)(2). For any member of the general assembly who is subject to drug testing under this section, any refusal to submit to a drug test or any positive confirmed drug test shall be reported to the appropriate speaker for appropriate action. A member of the general assembly shall not be denied the seat to which the member was elected for a refusal to submit to a drug test or for a positive confirmed drug test, but the member may be subject to appropriate discipline by the appropriate house of the general assembly as permitted by the constitution of Tennessee and other applicable law.

Rep. Hurley moved that Amendment No. 6 be tabled, which motion prevailed by the following vote:

Ayes...... 47 Noes...... 36

Representatives voting aye were: Brooks H, Brooks K, Casada, Cobb, Dean, DeBerry J, Dennis, Elam, Eldridge, Evans, Floyd, Forgety, Gotto, Halford, Harrison, Hawk, Haynes, Hensley, Hill, Hurley, Johnson C, Johnson P, Keisling, Kernell, Lollar, Maggart, Matheny, Matlock, McCormick, McDaniel, Pody, Powers, Pruitt, Ragan, Ramsey, Roach, Sanderson, Sexton, Shipley, Sparks, Todd, Watson, Weaver, White, Williams R, Womick, Madam Speaker Harwell -- 47

Representatives voting no were: Alexander, Armstrong, Bass, Brown, Coley, Curtiss, DeBerry L, Faison, Fitzhugh, Gilmore, Hardaway, Harmon, Holt, Jones, McDonald, Miller D, Miller L, Montgomery, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Richardson, Shaw, Shepard, Sontany, Stewart, Swann, Tidwell, Towns, Turner J, Turner M, Williams K, Windle -- 36

Rep. Gilmore moved adoption of Amendment No. 7 as follows:

Amendment No. 7

AMEND Senate Bill No. 2580 by adding the following language as a new section immediately before the last section and by appropriately redesignating the last section:

SECTION __. Tennessee Code Annotated, Title 71, Chapter 1, is amended by adding the following as a new part thereto.

71-1-501.

(1) "Applicant" means any individual, sole proprietorship, partnership, committee, association, corporation or any other organization, entity or group of persons; provided, however, when an applicant for public assistance is not an individual, then the partners, officers and directors of the entity, shall be subject to the suspicion-based screening and drug testing required by this part;

5884 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

(2) “Chain of custody” means the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all such materials or substances, and providing for accountability at each stage in handling, testing and storing specimens and reporting test results;

(3) “Confirmation test,” “confirmed test” or “confirmed drug test” means a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity and quantitative accuracy;

(4) "Drug" means marijuana, cocaine, methamphetamine, amphetamine, and opiates such as morphine. The commissioner of human services may add additional drugs by rule;

(5) “Drug treatment program” means a service provider that provides confidential, timely and expert identification, assessment and resolution of drug or alcohol abuse problems affecting persons;

(6) “Drug test” or “test” means any chemical, biological or physical instrumental analysis administered by a drug testing agency authorized to do so pursuant to this part, for the purpose of determining the presence or absence of a drug or its metabolites pursuant to regulations adopted by rule by the commissioner of human services;

(7) “Drug testing agency” means an entity that has the required credentials as established by regulatory or certification authorities to administer tests using a person’s urine, blood or DNA that will detect and validate the presence of drugs in such person’s body;

(8) "Five panel test" means a test for marijuana, cocaine, methamphetamine, amphetamine, and opiates such as morphine;

(9) “Initial drug test” means a procedure that qualifies as a “screening test” or “initial test” pursuant to regulations governing drug testing approved by rule by the commissioner of human services;

(10) "Public assistance" means any federal or state government grants, loans, cash payments for which eligibility is determined by a needs or income test, or any tax credit under title 67; provided, however, that public assistance does not include scholarships or student loans;

(11) “Specimen” means tissue, fluid or a product of the human body capable of revealing the presence of drugs or their metabolites.

71-1-502.

(a) To the extent permitted by federal law, the department of human services shall develop a plan to implement a program of

5885 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

suspicion-based drug testing for each applicant who is otherwise eligible for public assistance in any program administered by the state.

(b)

(1) Dependent children under the age of eighteen (18) are exempt from the drug-testing requirement pursuant to this part.

(2) In a two-parent household, only one parent shall be required to undergo a drug test.

(c) The implementation shall occur in phases over a two (2) year period. The department shall report on the status of the implementation to the general health and welfare committee of the senate and the health and human resources committee of the house of representatives. The status reports shall be sent to the chairs of each committee quarterly beginning October 1, 2012 during the implementation period.

(d)

(1) The department shall consult with substance abuse treatment experts, as determined by the commissioner of human services, and shall develop appropriate screening techniques and processes that will establish reasonable cause that an applicant for public assistance is using a drug as defined by this part and that can be used establish the necessary criteria to permit the department to require the applicant to undergo a urine-based five (5) panel drug test to be conducted by a drug testing agency.

(2) The applicant may inform the drug testing agency administering the test of any prescription or over-the-counter medication the person is taking. No drug for which an applicant has a current valid prescription shall be a basis for denial of public assistance pursuant to this part.

(3) Following an initial positive drug test, the applicant shall undergo a confirmation test using the same urine sample from the initial positive test prior to determination of eligibility for public assistance. The results of the confirmation test shall be used to determine final eligibility for public assistance.

(e) The department shall identify and select a screening tool such as the Substance Abuse Subtle Screening Inventory (SASSI) or such other screening techniques as part of the development of the screening technique that will be employed for this program.

(f)

(1) The department shall develop a plan for funding of the costs of the screening process, the urine-based drug testing process, any personnel and information systems modification

5886 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

costs, and any other costs associated with the development and implementation of the testing process.

(2) The plan shall provide for funding from existing public assistance or other funding available to the department, from appropriations requested by the department or from any combination of sources.

(g) The department shall develop a plan for any modification of its information systems necessary to properly track and report on the status of applicants who are screened and who must undergo testing as required by this part including a detailed analysis of costs for systems analysis, programming and testing of modifications and implementation dates for completion of the modifications.

(h) The drug testing plan shall require, at a minimum, the following:

(1) That the department shall establish a referral process for any applicant who tests positive to be referred to an appropriate treatment resource for drug abuse treatment or other resource by the department for an appropriate treatment period as determined by the department. The plan shall require evidence of on-going compliance during the treatment period. If the applicant is otherwise eligible during the treatment period, the applicant shall receive public assistance during the treatment period no longer than six (6) months;

(2) That refusal of an applicant who tests positive to enter a treatment plan or failure to complete the treatment plan shall result in ineligibility for public assistance for six (6) months;

(3) That at the conclusion of the treatment period the applicant shall be tested again using the urine-based five (5) panel drug test, and the plan shall require that upon re-testing, if the applicant tests positive for the use of drugs that is validated by a confirmation test, the applicant shall be ineligible for public assistance for six (6) months; and

(4) That if the person tests positive for drugs in a subsequent drug test after the six (6) months disqualification period that person shall be ineligible to receive public assistance for one (1) year from the date of the positive confirmation drug test.

71-1-503. The department shall submit to the general health and welfare committee of the senate and the health and human resources committee of the house of representatives its final plan and proposed rules for administration of the drug testing program for applicants for public assistance by January 15, 2014, and shall implement the drug testing program beginning July 1, 2014 based on the plan submitted, unless otherwise directed by law.

5887 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

71-1-504.

(a) All information, interviews, reports, statements, memoranda and drug test results, written or otherwise, received by the department as part of the drug testing program established by this part shall be confidential and not subject to disclosure, and may not be used or received in evidence, obtained in discovery or disclosed in any public or private proceedings, except in accordance with the administration of this part or a public assistance program, or in adjudicating any claims or actions arising from the administration of this part, unless the person tested provides written consent permitting disclosure.

(b) Information regarding drug test results for tests administered pursuant to this part shall not be released to law enforcement authorities or used in any criminal proceeding against the applicant. Information released contrary to this section is inadmissible as evidence in a criminal proceeding.

(c) This section does not prohibit the department or a drug testing agency conducting a drug test from having access to an adult applicant's drug test information or using the information when consulting with legal counsel in connection with actions brought under or related to this section, or when the information is relevant to its defense in a civil or administrative matter.

(d) This section does not prohibit the reporting of child abuse, child sexual abuse, or neglect or child pursuant to title 37, chapter 1, parts 4 or 6.

71-1-505.

(a) The commissioner of human services is authorized to adopt rules, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, necessary for the administration of this part, and shall have rulemaking authority to promulgate any rules to carry out the requirements of any title or part of any title that the department administers and that are necessary to immediately implement the provisions of this part or related titles or parts

(b) In promulgating rules, the commissioner shall consider, at a minimum:

(1) Testing procedures established by the United States departments of health and human services and transportation;

(2) Screening procedures established by substance abuse experts to determine that a person exhibits the criteria to determine that there is reasonable cause to suspect that a person is likely to use drugs as defined in this part;

5888 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

(3) Body specimens and minimum specimen amounts that are appropriate for drug testing;

(4) Methods of analysis and procedures to ensure reliable drug testing results, including standards for initial tests and confirmation tests;

(5) Minimum cut-off detection levels for each drug or metabolites of the drug for the purposes of determining a positive test result;

(6) Chain-of-custody procedures to ensure proper identification, labeling and handling of specimens tested; and

(7) Retention, storage and transportation procedures to ensure reliable results of drug tests used in the administration of this part.

71-1-506. An applicant whose drug test result is confirmed as positive in accordance with this part shall not, because of that result alone, be deemed to have a handicap or disability as defined under federal, state or local handicap and disability discrimination laws.

71-1-507. Any agency subject to review under title 4, chapter 29, shall cooperate with the department of human services with respect to administration of this part.

Rep. Hurley moved that Amendment No. 7 be tabled, which motion prevailed by the following vote:

Ayes...... 60 Noes...... 29

Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Carr, Casada, Cobb, Coley, Dean, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Forgety, Gotto, Halford, Hall, Hawk, Haynes, Hensley, Hill, Hurley, Johnson C, Johnson P, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shipley, Sparks, Swann, Todd, Watson, Weaver, White, Williams K, Williams R, Wirgau, Womick, Madam Speaker Harwell -- 60

Representatives voting no were: Armstrong, Bass, Brown, Curtiss, DeBerry J, DeBerry L, Fitzhugh, Gilmore, Hardaway, Holt, Jones, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Pruitt, Richardson, Shaw, Shepard, Sontany, Stewart, Tidwell, Towns, Turner J, Turner M, Windle -- 29

Rep. Gilmore moved adoption of Amendment No. 8 as follows:

5889 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Amendment No. 8

AMEND Senate Bill No. 2580 By adding the following language at the end of Section 3(a):

Under the plan the department shall only be authorized to test an applicant when the department reasonably suspects that the applicant has used a drug.

Rep. Gilmore moved that Amendment No. 8 be withdrawn, which motion prevailed.

Rep. M. Turner moved adoption of Amendment No. 5 as follows:

Amendment No. 5

AMEND Senate Bill No. 2580 By adding the following as a new subsection at the end of Section 3:

( ) Notwithstanding any other provision of this act, the state shall pay the cost of

Rep. Hurley moved that Amendment No. 5 be tabled, which motion prevailed by the following vote:

Ayes...... 61 Noes...... 30

Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Carr, Casada, Cobb, Coley, Dean, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Keisling, Lollar, Maggart, Matheny, Matlock, McCormick, McDaniel, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shipley, Sparks, Swann, Todd, Watson, Weaver, White, Williams R, Wirgau, Womick, Madam Speaker Harwell -- 61

Representatives voting no were: Armstrong, Brown, Curtiss, DeBerry J, DeBerry L, Fitzhugh, Gilmore, Hardaway, Harmon, Jones, Kernell, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Pruitt, Richardson, Shaw, Shepard, Sontany, Stewart, Tidwell, Towns, Turner J, Turner M, Williams K, Windle -- 30

Pursuant to Rule No. 21 , Rep. Haynes moved that a limit of debate of 5 minutes per member be set for the remainder of the day, which motion prevailed.

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

Rep. Hurley moved that Senate Bill No. 2580 be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 73 Noes...... 17

5890 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Representatives voting aye were: Alexander, Bass, Brooks H, Brooks K, Butt, Carr, Casada, Coley, Curtiss, Dean, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Keisling, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Montgomery, Naifeh, Niceley, Pitts, Pody, Powers, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sparks, Swann, Tidwell, Todd, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 73

Representatives voting no were: Armstrong, Brown, DeBerry J, Gilmore, Hardaway, Jones, Kernell, Miller L, Moore, Odom, Parkinson, Pruitt, Richardson, Sontany, Stewart, Towns, Turner J -- 17

A motion to reconsider was tabled.

REQUEST TO CHANGE VOTE

Pursuant to Rule No. 31 , the following member(s) desire to change their original stand from “not voting” to “aye” on Senate Bill No. 2580 and have this statement entered in the Journal: Rep(s). Cobb.

REGULAR CALENDAR, CONTINUED

*House Bill No. 3430 -- Unemployment Compensation - As introduced, allows employer to qualify as "seasonal employer" for purposes of unemployment insurance benefits. - Amends TCA Title 50, Chapter 7. by *Matlock. (SB3657 by *Johnson, *Ramsey, *Watson, *Ketron, *Burks, *Bell, *Tracy)

On motion, House Bill No. 3430 was made to conform with Senate Bill No. 3657 ; the Senate Bill was substituted for the House Bill.

Rep. Matlock moved that Senate Bill No. 3657 be passed on third and final consideration.

Rep. Eldridge moved that Consumer and Employee Affairs Committee Amendment No. 1 be withdrawn, which motion prevailed.

Rep. Sargent moved that Finance, Ways and Means Committee Amendment No. 1, as House Amendment No. 2, be withdrawn, which motion prevailed.

Rep. Matlock moved that Senate Bill No. 3657 be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 73 Noes...... 15

Representatives voting aye were: Alexander, Bass, Brooks H, Brooks K, Butt, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harmon, Harrison, Hawk, Haynes, Hensley,

5891 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Hill, Holt, Hurley, Johnson C, Johnson P, Keisling, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, Miller D, Montgomery, Naifeh, Niceley, Odom, Pitts, Pody, Powers, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shepard, Shipley, Sparks, Swann, Tidwell, Todd, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 73

Representatives voting no were: Armstrong, Brown, Gilmore, Hardaway, Jones, Kernell, McDonald, Miller L, Moore, Parkinson, Shaw, Sontany, Stewart, Towns, Turner J -- 15

A motion to reconsider was tabled.

PRESENT IN CHAMBER

Representative(s) Campbell was/were recorded as being present in the Chamber.

REGULAR CALENDAR, CONTINUED

*House Bill No. 1916 -- Alcoholic Beverage Commission - As introduced, removes annual compensation for members of the commission; allows commission to assess costs for administrative hearings. - Amends TCA Title 57. by *Turner M, *Stewart. (SB1493 by *Marrero)

On motion, House Bill No. 1916 was made to conform with Senate Bill No. 1493 ; the Senate Bill was substituted for the House Bill.

Rep. M. Turner moved that Senate Bill No. 1493 be passed on third and final consideration.

Rep. Ramsey moved adoption of State and Local Government Committee Amendment No. 1 as follows:

Amendment No. 1

AMEND Senate Bill No. 1493 by deleting all language after the enacting clause and by substituting instead the following:

SECTION 1. Tennessee Code Annotated, Section 57-3-704, is amended by deleting subdivisions (1) and (2) in their entirety and by substituting instead the following language:

(1) The applicant has not been convicted of a felony, other than a felony related to a crime described in subdivision (2)(A), within the previous four (4) years;

(2)

(A) The applicant has not been convicted of any crime relating to alcoholic beverages and beer, other than related to the sale of such beverages, schedules 1 and 2 controlled substances

5892 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

or any sex-related crime or embezzlement within the previous eight (8) years; or

(B) The applicant has not been convicted of any crime relating to the sale of alcoholic beverages or beer:

(i) Occurring within twelve (12) months prior to the date of the application, for a first offense; and

(ii) Occurring within four (4) years prior to the date of the application, for a second or subsequent offense.

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. 1 was adopted.

Rep. K. Williams moved the previous question, which motion prevailed.

Rep. M. Turner moved that Senate Bill No. 1493 , as amended, be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 67 Noes...... 19 Present and not voting...... 3

Representatives voting aye were: Alexander, Armstrong, Brooks H, Brown, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry L, Elam, Eldridge, Fitzhugh, Ford, Forgety, Gilmore, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hill, Hurley, Johnson C, Johnson P, Keisling, Kernell, Maggart, Marsh, Matheny, McCormick, McDaniel, McDonald, McManus, Miller L, Montgomery, Moore, Naifeh, Niceley, Odom, Parkinson, Pruitt, Ramsey, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Sontany, Sparks, Stewart, Tidwell, Todd, Towns, Turner J, Turner M, Weaver, Williams K, Williams R, Wirgau, Womick, Madam Speaker Harwell -- 67

Representatives voting no were: Brooks K, DeBerry J, Dennis, Dunn, Evans, Faison, Floyd, Gotto, Hensley, Holt, Lollar, Miller D, Pody, Ragan, Rich, Swann, Watson, White, Windle -- 19 Representatives present and not voting were: Bass, Butt, Powers -- 3

A motion to reconsider was tabled.

REQUEST TO CHANGE VOTE

Pursuant to Rule No. 31 , the following member(s) desire to change their original stand from “aye” to “no” on Senate Bill No. 1493 and have this statement entered in the Journal: Rep(s). Alexander.

5893 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

REGULAR CALENDAR, CONTINUED

*House Bill No. 2837 -- Public Contracts - As introduced, deletes 2010 amendment that classified certain documents submitted to the state in response to a request for proposal or other procurement method as confidential after completion of the evaluation period. - Amends TCA Section 10-7-504; Title 56 and Title 63. by *Sanderson, *Sargent. (SB2699 by *Yager)

On motion, House Bill No. 2837 was made to conform with Senate Bill No. 2699 ; the Senate Bill was substituted for the House Bill.

Rep. Sanderson moved that Senate Bill No. 2699 be passed on third and final consideration.

Rep. Sargent moved that Pensions and Insurance Amendment No. 1 be withdrawn, which motion prevailed.

Rep. Sanderson moved that Senate Bill No. 2699 be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 93 Noes...... 0

Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Brown, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Montgomery, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 93

A motion to reconsider was tabled.

*House Bill No. 2287 -- Driver Licenses - As introduced, requires all driver licenses issued or renewed on or after July 1, 2012, to bear a photo of the applicant by removing present exemption for persons 60 years of age or older. - Amends TCA Title 55, Chapter 50. by *Sexton, *Wirgau, *Powers, *Ragan, *Williams R. (SB2267 by *Tracy, *Faulk)

On motion, House Bill No. 2287 was made to conform with Senate Bill No. 2267 ; the Senate Bill was substituted for the House Bill.

Rep. Sexton moved that Senate Bill No. 2267 be passed on third and final consideration.

Rep. P. Johnson moved that Transportation Committee Amendment No. 1 be withdrawn, which motion prevailed.

Rep. Sargent moved adoption of Finance, Ways and Means Committee Amendment No. 1, as House Amendment No. 2, as follows:

5894 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Amendment No. 2

AMEND Senate Bill No. 2267 by deleting all language after the enacting clause and by substituting instead the following:

SECTION 1. Tennessee Code Annotated, Section 55-50-323(c)(2), is amended by deleting subdivision (K) in its entirety, which reads as follows:

(K) For any person sixty (60) years of age or older who elects to obtain a nonphoto bearing license, the fee for the license shall be fifteen dollars ($15.00); provided, that the license is an operator (Class D or M) with no endorsements; and

and by substituting instead the following:

(K) For any person sixty (60) years of age or older who, on or after January 1, 2013, elects to renew a nonphoto bearing license, the fee for the license shall be fifteen dollars ($15.00); provided, that the license is an operator (Class D or M) with no endorsements; and

SECTION 2. No person sixty (60) years or older who, prior to January 1, 2013, elected to obtain a nonphoto bearing license shall be required to obtain a driver license with a color photograph on or after January 1, 2013.

SECTION 3. This act shall take effect January 1, 2013, the public welfare requiring it.

On motion, Finance, Ways and Means Committee Amendment No. 1, as House Amendment No. 2, was adopted.

Rep. Sexton moved that Senate Bill No. 2267 , as amended, be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 66 Noes...... 21 Present and not voting...... 1

Representatives voting aye were: Alexander, Bass, Brooks H, Brooks K, Butt, Carr, Casada, Cobb, Coley, Curtiss, Dean, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shipley, Sparks, Swann, Tidwell, Watson, Weaver, White, Williams R, Wirgau, Womick, Madam Speaker Harwell -- 66

Representatives voting no were: Brown, Campbell, Gilmore, Hardaway, Harmon, Jones, McDonald, Moore, Odom, Parkinson, Pitts, Richardson, Shaw, Shepard, Sontany, Stewart, Todd, Towns, Turner J, Williams K, Windle -- 21

5895 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Representatives present and not voting were: DeBerry J -- 1

A motion to reconsider was tabled.

*House Bill No. 2315 -- Education - As introduced, postpones the use of the new teacher evaluation system. - Amends TCA Title 49. by *Fitzhugh, *DeBerry L, *Naifeh, *Pitts, *Stewart, *Towns, *Favors, *Jones S, *Cooper B, *Turner J, *Parkinson, *Hardaway, *Sontany, *Camper, *Brown. (SB2449 by *Stewart, *Finney L)

Rep. Fitzhugh moved that House Bill No. 2315 be passed on third and final consideration.

Rep. Hensley moved adoption of Education Committee Amendment No. 1 as follows:

Amendment No. 1

AMEND House Bill No. 2315 by deleting all language after the enacting clause and by substituting instead the following:

SECTION 1. Tennessee Code Annotated, Section 49-1-608, is amended by redesignating the current language as subsection (a) and by adding the following as new subsection (b):

(b) A student must have been present for one hundred fifty (150) days of classroom instruction per year or seventy-five (75) days of classroom instruction per semester before that student's record on a subject matter test in grades nine through twelve (9-12) is attributable to a specific teacher. The classroom instruction requirements of this section shall be based on attendance before and including the day the test is administered. For the purposes of this section, "present for classroom instruction" means physically present in the teacher's classroom for the majority of the instructional period on the subject tested. Nothing in this subsection (b) shall prevent a student's record on a subject matter test from being attributed to the school or LEA in which the student is enrolled.

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

On motion, Education Committee Amendment No. 1 was adopted.

Rep. Hensley moved adoption of Education Committee Amendment No. 2 as follows:

Amendment No. 2

AMEND House Bill No. 2315 By deleting all language after the first sentence in the amendatory language of Section 1.

On motion, Education Committee Amendment No. 2 was adopted.

5896 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Rep. Fitzhugh moved that House Bill No. 2315 , as amended, be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 92 Noes...... 0

Representatives voting aye were: Armstrong, Bass, Brooks H, Brooks K, Brown, Butt, Campbell, Carr, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Montgomery, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 92

A motion to reconsider was tabled.

Rep. M. Turner moved to suspend the limit of debate of 5 minutes per member set for the remainder of the day, which motion prevailed.

RECESS MOTION

On motion of Rep. McCormick, the House stood in recess until 12:00 p.m., today, which motion prevailed.

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. 233 Rep(s). Marsh as prime sponsor(s).

House Joint Resolution No. 751 Rep(s). Dean and Evans as prime sponsor(s).

House Bill No. 1379 Rep(s). Haynes as prime sponsor(s).

House Bill No. 2309 Rep(s). Cobb, Eldridge and D. Miller as prime sponsor(s).

House Bill No. 2311 Rep(s). Hardaway, H. Brooks, Powers, L. Miller, Richardson, Shaw, McManus, Floyd, McDonald, McCormick, Matheny, Shipley, K. Williams, Ragan, Sargent, Stewart, Moore, Todd, Maggart, Coley, Gotto, Watson, Towns, Hurley, Haynes, Eldridge, Evans, Hensley, Wirgau, R. Williams, Elam, Weaver, Shepard, Hall, White, Swann, Cobb, Sexton and Halford as prime sponsor(s).

House Bill No. 2488 Rep(s). Hardaway, Parkinson and White as prime sponsor(s).

House Bill No. 2493 Rep(s). Hardaway, Parkinson and White as prime sponsor(s).

5897 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

House Bill No. 2551 Rep(s). Lollar, Faison and Rich as prime sponsor(s).

House Bill No. 2655 Rep(s). Sparks as first prime sponsor(s).

House Bill No. 2655 Rep(s). Hardaway and Towns as prime sponsor(s).

House Bill No. 2808 Rep(s). Butt, R. Williams, Hall, Faison, Elam, Wirgau, Holt, Alexander, Maggart, Sexton, Sanderson, Cobb, Evans and Shaw as prime sponsor(s).

House Bill No. 2840 Rep(s). Lollar, Faison, Watson, Pody, D. Miller, Rich, Ragan, Hensley, Matheny, Swann and Coley as prime sponsor(s).

House Bill No. 2868 Rep(s). Parkinson, Hensley, Alexander, D. Miller, K. Brooks, Wirgau, Weaver, H. Brooks, Niceley, Coley, White, Watson, C. Johnson, Ragan, Shipley, Butt, Hardaway, Evans, Elam, Hall, Marsh, Gotto, Eldridge, Lollar, Shaw, Haynes, Towns and Maggart as prime sponsor(s).

House Bill No. 3082 Rep(s). Shaw, McManus, Lollar, Holt, Todd, Wirgau and Eldridge as prime sponsor(s).

House Bill No. 3098 Rep(s). Hardaway as prime sponsor(s).

House Bill No. 3111 Rep(s). Shipley as prime sponsor(s).

House Bill No. 3213 Rep(s). Windle, Towns, Watson, Haynes, Evans, Eldridge, Shipley, Stewart, Powers, Moore, Hardaway, Parkinson and Ragan as prime sponsor(s).

House Bill No. 3272 Rep(s). Hardaway and Powers as prime sponsor(s).

House Bill No. 3302 Rep(s). Shipley, Eldridge, Lollar, Powers, Marsh, Faison, Stewart and Shaw as prime sponsor(s).

House Bill No. 3832 Rep(s). Dunn as prime sponsor(s).

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to transmit to the House, Senate Bill(s) No(s). 422, 1325, 3170 and 3507; passed by the Senate.

RUSSELL A. HUMPHREY, Chief Clerk

*Senate Bill No. 422 -- Health, Dept. of - As introduced, clarifies the legislative committees designated to receive information concerning TANF and Medicaid. - Amends TCA Title 68. by *Crowe, *Tracy. (HB440 by *Hill, *Casada)

5898 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Senate Bill No. 1325 -- Immigration - As introduced, enacts the "Eligibility Verification for Entitlements Act." - Amends TCA Title 4; Title 68 and Title 71. by *Johnson, *Southerland, *Beavers, *Tracy, *Roberts, *Bell, *Campfield, *Ketron, *Ramsey. (*HB1379 by *Carr, *Maggart, *Matheny, *Shipley, *White, *Watson, *Sexton, *Casada, *Miller D, *Floyd, *Coley, *Weaver, *Womick, *Campbell, *Sparks, *Pody, *Rich, *Hensley, *Hill, *Hurley, *Wirgau, *Ragan, *Keisling, *Gotto, *Hall, *Butt, *Todd, *Faison, *Williams R, *Forgety, *Ford, *Lollar, *Holt, *Eldridge, *Brooks H, *Swann, *Cobb, *Dean, *McManus, *Hawk, *Evans, *Powers, *Sanderson, *Matlock, *Halford, *Harrison, *Elam, *Alexander, *Brooks K, *Dennis, *Williams K,)

*Senate Bill No. 3170 -- Lottery, Scholarships and Programs - As introduced, permits an independent postsecondary institution that was an eligible independent postsecondary institution for lottery scholarship purposes, but became ineligible because of a change in the definition of eligible independent postsecondary institution, to remain in eligible status so long as it is accredited by SACS. - Amends TCA Section 49-4-902(11)(B). by *Haynes, *Overbey, *Crowe, *Campfield, *McNally, *Kyle, *Tate, *Finney L, *Ketron, *Ford. (HB3622 by *Gotto, *Montgomery, *Brooks H, *Harrison, *Lollar)

*Senate Bill No. 3507 -- Taxes - As introduced, raises from $15.00 to $30.00 the minimum penalty assessed, regardless of the amount of tax due or whether there is any tax due, when any person fails to timely make any return or report or fails to timely pay any taxes shown to be due on the return or report. - Amends TCA Title 67. by *Ketron, *Overbey. (HB3832 by *Sargent, *Ramsey, *Swann)

ENGROSSED BILLS May 1, 2012

MADAM SPEAKER: The following bill(s) have been examined, engrossed and are ready for transmission to the Senate: House Joint Resolution(s) No(s). 839 and 996.

BETTY KAY FRANCIS, Chief Engrossing Clerk

ENROLLED BILLS May 1, 2012

MADAM SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefully compared House Resolution(s) No(s). 305, 306 and 307; and find same correctly enrolled and ready for the signature of the Speaker.

BETTY KAY FRANCIS, Chief Engrossing Clerk

SIGNED May 1, 2012

The Speaker announced that she had signed the following: House Resolution(s) No(s). 305, 306 and 307.

BETTY KAY FRANCIS, Chief Engrossing Clerk

5899 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

ENROLLED BILLS May 1, 2012

MADAM SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefully compared House Joint Resolution(s) No(s). 807 and 1154; and find same correctly enrolled and ready for the signatures of the Speakers.

BETTY KAY FRANCIS, Chief Engrossing Clerk

SIGNED May 1, 2012

The Speaker announced that she had signed the following: House Joint Resolution(s) No(s). 807 and 1154.

BETTY KAY FRANCIS, Chief Engrossing Clerk

ENGROSSED BILLS May 1, 2012

MADAM SPEAKER: The following bill(s) have been examined, engrossed and are ready for transmission to the Senate: House Bill(s) No(s). 2315;

BETTY KAY FRANCIS, Chief Engrossing Clerk

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to transmit to the House, Senate Joint Resolution(s) No(s). 222; for the signature of the Speaker.

RUSSELL A. HUMPHREY, Chief Clerk

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to transmit to the House, Senate Bill(s) No(s). 720, 948, 1197, 1935, 2253, 2370, 2420, 2667, 2788, 2809, 2845, 2895, 2908, 2929, 3207, 3310, 3330, 3458, 3503, 3513, 3535, 3596, 3653, 3663 and 3743; for the signature of the Speaker.

RUSSELL A. HUMPHREY, Chief Clerk

SIGNED May 1, 2012

The Speaker announced that she had signed the following: Senate Bill(s) No(s). 720, 948, 1197, 1935, 2253, 2370, 2420, 2667, 2788, 2809, 2845, 2895, 2908, 2929, 3207, 3310, 3330, 3458, 3503, 3513, 3535, 3596, 3653, 3663, 3743 and Senate Joint Resolution(s) No(s). 222.

5900 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to transmit to the House, Senate Bill(s) No(s). 1471; The Senate concurred in House Amendment(s) No(s). 2. The Senate nonconcurred in House Amendment(s) No(s). 5, 6, 7, 8, 9, 10, 11, 4, 13, 14, 15, 16, 17, 18, 19, 20 and 22.

RUSSELL A. HUMPHREY, Chief Clerk

RECESS EXPIRED

The recess having expired, the House was called to order by Madam Speaker Harwell.

ROLL CALL DISPENSED WITH

On motion of Rep. McCormick, the roll call was dispensed with.

EXCUSED

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

Representative Montgomery

MESSAGE CALENDAR

HOUSE ACTION ON SENATE AMENDMENTS

*House Bill No. 2774 -- Criminal Procedure - As introduced, increases expunction fee following the successful completion of diversion programs. - Amends TCA Title 38, Chapter 6; Title 40, Chapter 32 and Title 40, Chapter 35. by *Watson, *Brooks K, *Roach, *Ford , *Matlock, *Brooks H, *Matheny, *Dean, *Eldridge, *McDonald, *Naifeh, *DeBerry L, *Shipley. (SB2780 by *McNally)

Senate Amendment No. 2

AMEND House Bill No. 2774 By deleting from subdivision (2)(A) of the amendatory language of SECTION 3, as amended, the language “two hundred dollar ($200) fee” and substituting instead the language “three hundred fifty dollar ($350) fee”.

AND FURTHER AMEND by deleting from subdivision (2)(C) of the amendatory language of SECTION 3, as amended, the language “two hundred dollar ($200) fee” and by substituting instead the language “three hundred fifty dollar ($350) fee”.

AND FURTHER AMEND by deleting from subdivision (2) of the amendatory language of SECTION 4, as amended, the language “two hundred dollar ($200) fee” and by substituting instead the language “three hundred fifty dollar ($350) fee".

5901 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Rep. Watson moved that the House nonconcur in Senate Amendment(s) No(s). 2 to House Bill No. 2774 , which motion prevailed.

Senate Amendment No. 3

AMEND House Bill No. 2774 By deleting the language "to the clerk of the court" in the amendatory language of subsection (e) of SECTION 2 and by substituting instead the language "to the bureau".

AND FURTHER AMEND by deleting the effective date section in its entirety and by substituting instead the following:

SECTION 5. This act shall take effect thirty (30) days after becoming a law, the public welfare requiring it.

Rep. Watson moved that the House concur in Senate Amendment(s) No(s). 3 to House Bill No. 2774 , which motion prevailed by the following vote:

Ayes...... 77 Noes...... 4

Representatives voting aye were: Bass, Brooks H, Brooks K, Brown, Carr, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gotto, Halford, Harrison, Hawk, Haynes, Hensley, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McManus, Miller D, Miller L, Moore, Naifeh, Niceley, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Wirgau, Womick, Madam Speaker Harwell -- 77

Representatives voting no were: Alexander, Hardaway, Towns, Windle -- 4

A motion to reconsider was tabled.

JOURNAL CORRECTION

Without objection, the Speaker requested that the Journal reflect that Reps. J. DeBerry voted “aye” on the motion to concur in Senate Amendment(s) No(s). 3 to House Bill No. 2774 .

Without objection, the Speaker requested that the Journal reflect that Rep. Towns voted “no” on the motion to concur in Senate Amendment(s) No(s). 3 to House Bill No. 2774 .

5902 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

MESSAGE CALENDAR, CONTINUED

MOTION TO RECONSIDER

Senate Bill No. 3350 -- Election Laws - As introduced, revises various provisions related to elections. - Amends TCA Section 2-13-203(d); Section 2-14-106(a); Section 2-14-202(b); Section 2-2-111(b); Section 2-2-114(b); Section 2-2-129(a)(1); Section 2-3-101(a); Section 2-3- 103; Section 2-4-108(b); Section 2-5-151(c); Section 2-6-102(a)(1); Section 2-6-103(a)(1); Section 2-8-104; Section 2-9-109(b) and Section 67-6-707(2). by *Ketron. (*HB 3289 by *Wirgau)

Rep. Wirgau moved to lift from the table the motion to reconsider action in passing Senate Bill No. 3350, which motion prevailed.

Rep. Wirgau moved to reconsider action in passing Senate Bill No. 3350, which motion prevailed.

Rep. Wirgau moved that Senate Bill No. 3350 be passed on third and final consideration.

Rep. Ramsey moved that the House reconsider its action in withdrawing State and Local Government Committee Amendment No. 2, which motion prevailed.

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

Amendment No. 2

AMEND Senate Bill No. 3350 By deleting Section 1 of the bill in its entirety and by renumbering subsequent sections accordingly.

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

Rep. Wirgau moved that Senate Bill No. 3350 , as amended, be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 82 Noes...... 2

Representatives voting aye were: Alexander, Bass, Brooks H, Brooks K, Brown, Butt, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McManus, Miller D, Miller L, Moore, Niceley, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Towns, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 82

Representatives voting no were: Hardaway, Turner J -- 2

A motion to reconsider was tabled.

5903 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

HOUSE ACTION ON SENATE AMENDMENTS

House Bill No. 3459 -- Business Organizations - As introduced, revises the Tennessee Business Corporation Act. - Amends TCA Title 48. by *Dennis, *Eldridge. (*SB3070 by *Johnson, *Ketron)

Senate Amendment No. 3

AMEND House Bill No. 3459 by deleting the language "United State" wherever it appears in § 48-11-202(i)(3) in Section 7 and by substituting instead the language "United States".

AND FURTHER AMEND by deleting the language "merger of share" in § 48-21- 104(2) in Section 39 and by substituting instead the language "merger or share".

AND FURTHER AMEND by deleting the language "subsidiary other entity" in § 48-21-105(b)(3) in Section 39 and by substituting instead the language "subsidiary or other entity".

AND FURTHER AMEND by deleting the following language in Section 39:

48-21-107. Articles of merger of share exchange.

and by substituting instead the following language:

48-21-107. Articles of merger or share exchange.

AND FURTHER AMEND by deleting the language "were still" in § 48-21- 120(c)(3) in Section 39 and by substituting instead the language "was still".

Rep. Dennis moved that the House concur in Senate Amendment(s) No(s). 3 to House Bill No. 3459 , which motion prevailed by the following vote:

Ayes...... 80 Noes...... 6 Present and not voting...... 1

Representatives voting aye were: Alexander, Brooks H, Brooks K, Brown, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McManus, Miller D, Miller L, Niceley, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Watson, Weaver, White, Williams K, Williams R, Wirgau, Womick, Madam Speaker Harwell -- 80

Representatives voting no were: DeBerry L, McDonald, Moore, Naifeh, Towns, Windle – 6

5904 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Representatives present and not voting were: Bass -- 1

A motion to reconsider was tabled.

SPECIAL ORDER

Without objection, Rep. McCormick moved the House take up the Regular Calendar out of order at this time.

REGULAR CALENDAR

House Bill No. 2309 -- Employees, Employers - As introduced, enacts the "Tennessee Works Act of 2012." - Amends TCA Title 50, Chapter 7. by *Fitzhugh, *Turner M, *Moore, *Harmon, *Miller L, *Naifeh, *Shaw, *Gilmore, *Shepard, *McDonald, *Jones S, *Richardson, *Turner J, *Kernell, *Hardaway, *Parkinson, *Favors, *DeBerry L, *Pitts, *Cooper B, *Brown, *Sontany, *Camper. (*SB2129 by *Berke, *Finney L, *Stewart, *Kyle, *Beavers, *Crowe, *Gresham, *Ketron, *Massey, *Norris, *Overbey, *Southerland, *Tracy, *Watson, *Marrero, *Harper, *Burks, *Faulk, *Herron, *Yager)

On motion, House Bill No. 2309 was made to conform with Senate Bill No. 2129 ; the Senate Bill was substituted for the House Bill.

Rep. Fitzhugh moved that Senate Bill No. 2129 be passed on third and final consideration.

Rep. Sargent moved that Finance, Ways and Means Committee Amendment No. 1 be withdrawn, which motion prevailed.

Rep. Sargent moved that Finance, Ways and Means Committee Amendment No. 2 be withdrawn, which motion prevailed.

Rep. Fitzhugh moved that Senate Bill No. 2129 be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 91 Noes...... 0

Representatives voting aye were: Alexander, Bass, Brooks H, Brooks K, Brown, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Moore, Naifeh, Niceley, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 91

A motion to reconsider was tabled.

5905 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

House Bill No. 3722 -- Taxes - As introduced, requires that a seller and certified service provider engage in at least two sales transactions, instead of one, in order to constitute a recurring business relationship for purposes of exempting them from renewing blanket sales and use tax exemption certificates. - Amends TCA Title 7 and Title 67. by *McCormick, *Sargent. (*SB3106 by *Norris)

On motion, House Bill No. 3722 was made to conform with Senate Bill No. 3106 ; the Senate Bill was substituted for the House Bill.

Rep. Sargent moved that Senate Bill No. 3106 be passed on third and final consideration.

Rep. Harrison moved that Finance, Ways and Means Committee Amendment No. 1 be withdrawn, which motion prevailed.

Rep. Pitts moved adoption of Amendment No. 2 as follows:

Amendment No. 2

AMEND Senate Bill No. 3106 by deleting all language after the enacting clause and by substituting instead the following:

SECTION 1. Tennessee Code Annotated, Section 7-40-103(3), is amended by deleting the subdivision in its entirety and by substituting instead the following:

(3) "Border region retail tourism development district" or "district" means one (1) or more parcels of real property:

(A) Located within a municipality, some part of whose corporate limits borders a neighboring state;

(B) Which some boundary of a district is:

(i) No more than twelve (12) miles from a state border as measured by straight line; and

(ii) No more than one-half (1/2) mile from an existing federally-designated interstate exit; or

(iii) No more than twelve (12) miles from an United States army installation that has a total area of at least one hundred thousand (100,000) acres;

(C) No larger than a total area of nine hundred fifty (950) acres; and

(D) Designated as a border region retail tourism development district by a municipal ordinance and certified by the commissioner;

5906 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

SECTION 2. Tennessee Code Annotated, Section 7-40-103(5), is amended by deleting the following language:

“Cost” means all cost of an economic development project in a district incurred by the municipality or industrial development corporation including

and by substituting instead the following language:

“Cost” means all cost of an economic development project in a district incurred by the municipality or industrial development corporation during the investment period, including

SECTION 3. Tennessee Code Annotated, Section 7-40-103, is amended by adding the following as a new, appropriately designated subdivision:

( ) “Investment period” means a period beginning two (2) years prior to the municipality’s designation of the proposed border region retail tourism development district for the project and ending ten (10) years after certification of the district pursuant to § 7-40-104(a)(4);

SECTION 4. Tennessee Code Annotated, Section 7-40-104(c), is amended by deleting the following language in its entirety:

, which shall include the cost of any new phases or additional development of the project to be completed within the thirty-year time limitation established in subsection (d)

SECTION 5. Tennessee Code Annotated, Section 7-40-104(d), is amended by deleting the first sentence in its entirety.

SECTION 6. Tennessee Code Annotated, Section 7-40-104, is further amended by adding the following as a new subsection (e):

(e) A municipality may include as part of a project within a certified district any property adjoining its existing corporate limits, and shall receive the apportionment of state sales and use taxes generated within the adjoining property as provided in this chapter, if the following requirements are met:

(1) The municipal legislative body shall adopt an annexation ordinance to extend its corporate limits to include the adjoining property; provided, that prior to proposing the annexation ordinance, the municipality shall provide advance written notification to the commissioner of its plan to include the adjoining property; and provided further, the municipal legislative body shall propose the annexation ordinance within two (2) years following the notification;

(2) The municipality shall file with the commissioner a certified copy of the annexation ordinance after it is duly adopted

5907 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

along with a request to adjust the boundaries of the certified district to include the annexed property in consultation with the municipality. The request shall include a development plan for the annexed property. In reviewing the request, the commissioner shall inform the commissioners of economic and community development and tourist development of the pending request;

(3) The commissioner shall promptly approve the request to adjust the district boundaries if:

(A) The adjustment does not result in the district exceeding the area allowed by this chapter; and

(B) The commissioner, with approval by the commissioner of economic and community development, determines that the special allocation of state sales tax revenue from the district, as authorized by § 7-40-106, continues to be in the best interests of the state upon including the annexed property within the district;

(4) Upon adjustment of the boundaries, the commissioner shall provide prompt notice of the adjustment to the commissioner of economic and community development, the commissioner of tourist development, and the requesting municipal governing body of the revenues received from the certified district, including revenues from the annexed property;

(5) (A) State sales and use taxes from the annexed property shall be apportioned and distributed to the municipality as provided in this chapter beginning on the effective date of the annexation;

(B) For purposes of this subsection (e), "effective date of the annexation" means the date a court order is entered finally upholding the annexation ordinance's validity in the event such annexation ordinance is challenged in a quo warranto proceeding; except, that if the validity of the ordinance is not challenged, then the apportionment and distribution of tax revenue from the annexed property to the municipality as provided in this chapter shall begin thirty (30) days after the date the municipality adopts the annexation ordinance on final reading;

(6) No portion of the state sales tax revenue from the annexed property distributed to the county in which the municipality is located pursuant to § 6-51-115(a) shall be distributed to the municipality, unless the effective date of the annexation is on July 1; and

5908 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

(7) The development of annexed property included within a certified district pursuant to this subsection (e) shall not be initiated after the expiration of five (5) years following certification of the district.

SECTION 7. Tennessee Code Annotated, Title 7, Chapter 40, is amended by adding the following as a new, appropriately designated section:

7-40-___. This chapter shall only apply to border region retail tourism development districts for which a certified copy of the ordinance required by § 7-40-104(a)(1), along with the request for certification required by § 7-40-104(a)(2), has been filed with the commissioner before January 1, 2013.

SECTION 8. Sections 1 through 6 of this act shall take effect upon becoming a law, the public welfare requiring it, and shall apply to any border region retail tourism development district, whether certified by the commissioner of revenue before or after such date. Section 7 of this act shall take effect upon becoming a law, the public welfare requiring it.

Rep. Sargent moved that Amendment No. 2 be tabled, which motion prevailed by the following vote:

Ayes...... 55 Noes...... 32 Present and not voting...... 2

Representatives voting aye were: Brooks H, Brooks K, Butt, Campbell, Carr, Casada, Cobb, Coley, Dennis, Dunn, Elam, Eldridge, Faison, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Keisling, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McManus, Miller D, Pody, Powers, Ragan, Ramsey, Rich, Roach, Sargent, Sexton, Shipley, Sparks, Swann, Todd, Watson, Weaver, White, Williams K, Williams R, Wirgau, Womick, Madam Speaker Harwell -- 55

Representatives voting no were: Bass, Brown, Curtiss, DeBerry J, DeBerry L, Fitzhugh, Gilmore, Hardaway, Harmon, Johnson C, Jones, Kernell, Lollar, McDonald, Miller L, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pruitt, Richardson, Shaw, Shepard, Sontany, Stewart, Tidwell, Towns, Turner J, Turner M, Windle -- 32

Representatives present and not voting were: Alexander, Dean -- 2

Rep. Sargent moved that Senate Bill No. 3106 be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 85 Noes...... 1 Present and not voting...... 1

Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harrison, Hawk,

5909 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Moore, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 85

Representatives voting no were: Towns -- 1

Representatives present and not voting were: Brown -- 1

A motion to reconsider was tabled.

REQUEST TO CHANGE VOTE

Pursuant to Rule No. 31 , the following member(s) desire to change their original stand from “not voting” to “aye” on Senate Bill No. 3106 and have this statement entered in the Journal: Rep(s). J. DeBerry and J. Turner.

REGULAR CALENDAR, CONTINUED

House Bill No. 3098 -- Teachers, Principals and School Personnel - As introduced, establishes new route to licensure to teach in grades 9-12 for persons who have taught in certain postsecondary institutions. - Amends TCA Title 49, Chapter 5. by *Hensley. (*SB2302 by *Summerville, *Gresham, *Kelsey, *Johnson)

On motion, House Bill No. 3098 was made to conform with Senate Bill No. 2302 ; the Senate Bill was substituted for the House Bill.

Rep. Hensley moved that Senate Bill No. 2302 be passed on third and final consideration.

Rep. Carr moved that Education Committee Amendment No. 1 be withdrawn, which motion prevailed.

Rep. Carr moved that Education Committee Amendment No. 2 be withdrawn, which motion prevailed.

Rep. Carr moved that Education Committee Amendment No. 3 be withdrawn, which motion prevailed.

Rep. Carr moved that Education Committee Amendment No. 4 be withdrawn, which motion prevailed.

Rep. Sargent moved adoption of Finance, Ways and Means Committee Amendment No. 1, as House Amendment No. 5, as follows:

5910 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Amendment No. 5

AMEND Senate Bill No. 2302 by deleting SECTION 1 of the bill and by substituting instead the following:

SECTION 1. Tennessee Code Annotated, Title 49, Chapter 5, Part 1, is amended by adding the following language as a new appropriately designated section:

49-5-1__.

(a) Notwithstanding any law to the contrary, the department shall issue a license to teach in grades nine through twelve (9-12) to any person who has taught at an eligible postsecondary institution as defined in § 49-4-902 and who meets the qualifications listed in this section. The license shall bear an endorsement to teach only in the subject area in which the person taught at the eligible postsecondary institution.

(b) Any applicant seeking teacher licensure pursuant to this act shall:

(1)

(A) Have been a full-time college professor or instructor for at least two (2) of the last five (5) years at an eligible postsecondary institution that is accredited by a regional accrediting association, as defined by § 49-4-902; or

(B) Have been a part-time college professor or instructor, teaching at least one (1) course per semester, for at least three (3) of the last five (5) years at an eligible postsecondary institution that is accredited by a regional accrediting association, as defined by § 49-4-902;

(2) Submit for review by the department or a partnering institution of higher education at least three (3) years of documented teaching evaluations that rate the applicant for licensure as proficient or better in the subject area in which the applicant is seeking licensure. The teaching evaluations required by this subdivision shall have been administered by the institution at which the applicant taught. The department is authorized to promulgate rules and regulations to define proficiency in evaluations;

(3) Attend in-service training sessions, both before and during licensure, as required by the state board of education in consultation with institutions of higher education;

(4) Participate in a mentoring program to be established by the state board of education throughout the first school year during which the applicant is licensed; and

(5) Successfully complete all exams required for licensure for the subject area in which the applicant is seeking licensure.

5911 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

On motion, Finance, Ways and Means Committee Amendment No. 1, as House Amendment No. 5, was adopted.

Rep. Hensley moved that Senate Bill No. 2302 , as amended, be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 62 Noes...... 28 Present and not voting...... 2

Representatives voting aye were: Alexander, Armstrong, Brooks H, Brooks K, Butt, Campbell, Carr, Casada, Cobb, Curtiss, Dean, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Ford, Gotto, Halford, Hall, Hardaway, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Keisling, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McManus, Miller D, Niceley, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Shipley, Sparks, Swann, Todd, Watson, Weaver, White, Williams R, Wirgau, Womick, Madam Speaker Harwell -- 62

Representatives voting no were: Bass, Brown, DeBerry J, DeBerry L, Fitzhugh, Forgety, Gilmore, Harmon, Jones, Kernell, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Sexton, Shaw, Shepard, Sontany, Stewart, Tidwell, Towns, Turner J, Turner M, Williams K, Windle -- 28

Representatives present and not voting were: Coley, Lollar -- 2

A motion to reconsider was tabled.

REQUEST TO CHANGE VOTE

Pursuant to Rule No. 31 , the following member(s) desire to change their original stand from “not voting” to “no” on Senate Bill No. 2302 and have this statement entered in the Journal: Rep(s). Richardson.

REGULAR CALENDAR, CONTINUED

*House Bill No. 2350 -- State Government - As introduced, specifies that state insurance plans are not subject to regulation by the department of commerce and insurance or subject to the jurisdiction of the department of health and that no such plan is subject to the insurance laws of this state in Title 56 unless otherwise specifically stated. - Amends TCA Title 8, Chapter 27. by *McCormick, *Casada. (SB2212 by *Norris, *Johnson)

On motion, House Bill No. 2350 was made to conform with Senate Bill No. 2212 ; the Senate Bill was substituted for the House Bill.

Rep. Casada moved that Senate Bill No. 2212 be passed on third and final consideration.

Rep. Sargent moved that Pensions and Insurance Amendment No. 1 be withdrawn, which motion prevailed.

5912 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Rep. Casada moved that Senate Bill No. 2212 be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 92 Noes...... 0

Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Brown, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 92

A motion to reconsider was tabled.

REQUEST TO CHANGE VOTE

Pursuant to Rule No. 31 , the following member(s) desire to change their original stand from “aye” to “no” on Senate Bill No. 2302 and have this statement entered in the Journal: Rep(s). Armstrong.

REGULAR CALENDAR, CONTINUED

*House Bill No. 1379 -- Immigration - As introduced, enacts the "Eligibility Verification for Entitlements Act." - Amends TCA Title 4; Title 68 and Title 71. by *Carr. (SB1325 by *Johnson, *Southerland, *Beavers, *Tracy, *Roberts)

On motion, House Bill No. 1379 was made to conform with Senate Bill No. 1325 ; the Senate Bill was substituted for the House Bill.

Rep. Carr moved that Senate Bill No. 1325 be passed on third and final consideration.

Rep. Ramsey moved that State and Local Government Committee Amendment No. 1 be withdrawn, which motion prevailed.

Rep. Sargent moved adoption of Finance, Ways and Means Committee Amendment No. 1, as House Amendment No. 2, as follows:

Amendment No. 2

AMEND Senate Bill No. 1325 by deleting all language after the enacting clause and by substituting instead the following:

SECTION 1. Tennessee Code Annotated, Title 4, is amended by adding the following language as a new, appropriately designated chapter:

5913 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

4-57-101. This chapter shall be known and may be cited as the " Eligibility Verification for Entitlements Act ".

4-57-102. It is the public policy of this state and the purpose of this chapter that state governmental entities and local health departments shall verify that an applicant eighteen (18) years of age or older applying for a federal, state or local benefit meets all eligibility requirements for such benefit, including lawful presence as applicable.

4-57-103. As used in this chapter:

(1) “Federal public benefit” has the same meaning as provided in 8 U.S.C. § 1611;

(2) “SAVE program" means the systematic alien verification for entitlements program created pursuant to the federal Immigration Reform and Control Act of 1986 and operated by the United States department of homeland security, or any successor program thereto; and

(3) “State or local public benefit” means any public benefit as described in 8 U.S.C. § 1621 that is provided or administered by a state governmental entity, not including a political subdivision except for a local health department.

4-57-104.

(a) Notwithstanding any other law and except where prohibited by federal law, every state governmental entity and local health department shall verify the eligibility of each applicant eighteen (18) years of age or older who applies for a federal, state or local public benefit from the entity or local health department in the manner provided in this chapter.

(b)

(1) As provided in subdivision (b)(2), every state governmental entity or local health department shall include on all forms, electronic or otherwise, and all automated phone systems, a written or verbal statement:

(A) Requiring an applicant for a federal, state or local public benefit to, under penalty of perjury, attest to the applicant's eligibility status for said benefit as either:

(i) A United States citizen; or

(ii) A qualified alien as defined by 8 U.S.C. § 1641(b).

(B) Describing the penalties for violations of this chapter.

(2) Subdivision (b)(1) shall take effect upon the entity's or local health department's first reprinting of applicable forms or updating of the

5914 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

electronic or automated phone systems described in subdivision (b)(1) that occurs after the effective date of this act.

(c) For an applicant who claims eligibility based upon United States citizenship, the entity or local health department shall make every reasonable effort to ascertain verification of the applicant's citizenship, which may include requesting the applicant to present any one (1) of the following:

(1)

(A) A valid Tennessee driver license or photo identification license issued by the department of safety; or

(B) A valid driver license or photo identification license from another state where the issuance requirements are at least as strict as those in Tennessee, as determined by the department of safety;

(2) An official birth certificate issued by a U.S. state, jurisdiction or territory, including Puerto Rico, U.S. Virgin Islands, Northern Mariana Islands, American Samoa, Swains Island, Guam; provided, that Puerto Rican birth certificates issued before July 1, 2010, shall not be recognized under this subdivision (c)(2);

(3) A U.S. government-issued certified birth certificate;

(4) A valid, unexpired U.S. passport;

(5) A U.S. certificate of birth abroad (DS-1350 or FS-545);

(6) A report of birth abroad of a citizen of the U.S. (FS-240);

(7) A certificate of citizenship (N560 or N561);

(8) A certificate of naturalization (N550, N570 or N578);

(9) A U.S. citizen identification card (I-197, I-179); or

(10) Any successor document of subdivisions (c)(4)-(8); or

(11) A social security number that the entity or local health department may verify with the social security administration in accordance with federal law.

(d)

(1) For an applicant who claims eligibility as a qualified alien, the applicant shall present two (2) forms of documentation of identity and immigration status, as determined by the United States department of homeland security to be acceptable for verification through the SAVE program; provided, no entity or local health department is required to

5915 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

verify such applicant's documents through the SAVE program if two (2) such documents are presented unless otherwise required by federal law.

(2) If an applicant who claims eligibility as a qualified alien is unable to present two (2) forms of documentation as described in subdivision (d)(1), then the applicant shall present at least one (1) such document that the entity or local health department shall then verify through the SAVE program.

(e) Each state governmental entity or local health department shall maintain a copy of all documentation submitted by an applicant for verification in a manner consistent with the entity's or local health department's rules, regulations or policies governing storage or preservation of such documentation.

(f)

(1) Any document submitted pursuant to subsections (c) or (d) shall be presumed to be proof of an individual’s eligibility under this chapter until a final verification is received by the state governmental entity or local health department, and no entity or local health department shall delay the distribution of any federal, state or local benefit based solely on the pendency of final verification.

(2) Upon receipt of a final verification that indicates that the applicant is not a United States citizen or qualified alien, the state governmental entity or local health department shall terminate any recurring benefit, and shall pursue any action applicable against the applicant pursuant to § 4-57-105 or § 4-57-106. (g) Verification through the SAVE program is not required:

(1) For any federal public benefit that does not require lawful presence in the United States as an eligibility requirement pursuant to 8 U.S.C. § 1611;

(2) For any state or local benefit listed in 8 U.S.C. § 1621(b);

(3) For prenatal care administered by the department of health; or

(4) For the Special Supplemental Food Program for Women, Infants and Children administered by the department of health.

(h) The verification process required by this section shall be enforced without regard to race, religion, gender, ethnicity or national origin.

4-57-105.

(a) Any natural person eighteen (18) years of age or older who knowingly and willfully makes a false, fictitious or fraudulent statement or representation in terms of verifying eligibility under this chapter shall be liable under either:

5916 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

(1) The Tennessee Medicaid False Claims Act, compiled in §§ 71-5-181—71-5-185; or

(2) The False Claims Act, compiled in chapter 18 of this title.

(b) Any natural person who conspires to defraud the state or any local health department by securing a false claim allowed or paid to another person in violation of this chapter shall be liable under § 4-18-103(a)(3).

(c) A state governmental entity or local health department shall file, with the attorney general and reporter of this state, a complaint alleging a violation of subsections (a) or (b), as applicable.

(d) Any moneys collected pursuant to this section shall be deposited with and utilized by the applicable entity or local health department that filed a complaint pursuant to subsection (c). The applicable entity or local health department shall establish a fund for the deposit of such moneys, and shall use such moneys for the sole purpose of enforcing this chapter. Any interest accruing on investments and deposits of the fund shall be credited to such fund, shall not revert to any general fund, and shall be carried forward into each subsequent fiscal year.

4-57-106 . A state governmental entity or local health department shall file, with the United States attorney, a complaint alleging a criminal violation of 18 U.S.C. § 911, for each person who willfully makes a false, fictitious or fraudulent statement or representation of United States citizenship.

4-57-107.

(a) No state governmental entity or local health department shall provide or offer to provide any federal, state or local public benefit in violation of this chapter.

(b) Each entity and local health department, subject to this chapter, shall include in any annual report to the general assembly as required by law, a report of its compliance with this chapter through June 30 of each year.

4-57-108. Unless otherwise provided by federal law, no state governmental entity or local health department shall be prohibited, or in any way restricted, from sending to or receiving from the Immigration and naturalization service information regarding the immigration status, lawful or unlawful, of an alien in the United States.

4-57-109. This chapter shall be interpreted consistently with all federal laws, including but not limited to federal laws regulating immigration, labor, and medicaid, and all state laws.

4-57-110. Nothing in this chapter shall be interpreted as limiting a state governmental entity or local health department in regards to the application process currently utilized by the entity or local health department for administering a federal, state or local public benefit, including but not limited to, requesting additional information from the applicant or requiring additional verification of eligibility.

5917 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

SECTION 2. Tennessee Code Annotated, Section 4-18-103(d), is amended by deleting the subsection in its entirety and by substituting instead the following language:

(d) This section does not apply to any controversy involving an amount of less than five hundred dollars ($500) in value, unless the controversy arose from a violation of chapter 57, part 1 of this title. For purposes of this subsection (d), “controversy” means any one (1) or more false claims submitted by the same person in violation of this chapter.

SECTION 3.

All affected state governmental entities are authorized to promulgate rules and regulations to effectuate the purposes of this act. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

SECTION 4. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.

SECTION 5. For purposes of promulgating rules and regulations, this act shall take effect upon becoming a law, the public welfare requiring it. For all other purposes, this act shall take effect October 1, 2012, the public welfare requiring it, and shall apply to all applications for benefits submitted to state governmental entities or local health departments on or after October 1, 2012.

On motion, Finance, Ways and Means Committee Amendment No. 1, as House Amendment No. 2, was adopted.

Rep. Sargent moved adoption of Finance, Ways and Means Committee Amendment No. 2, as House Amendment No. 3 as follows:

Amendment No. 3

AMEND Senate Bill No. 1325 by adding the following language as a new, appropriately designated section in chapter 57 in SECTION 1:

4-57-111. This chapter shall not apply to:

(1) Any person applying for benefits who:

(A) Lacks the mental capacity to commit perjury under oath; and

(B) Has not been judicially appointed a guardian or conservator; and

(2) Legal services provided by a district public defender, court-appointed counsel, or other counsel for indigent services.

5918 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

On motion, Finance, Ways and Means Committee Amendment No. 2, as House Amendment No. 3, was adopted.

Rep. Fitzhugh moved that Amendment No. 4 be withdrawn, which motion prevailed.

Rep. Fitzhugh, seconded by Rep. Carr, moved adoption of Amendment No. 5 as follows:

Amendment No. 5

AMEND Senate Bill No. 1325 by adding the following language at the end of § 4- 57-110 in SECTION 1 of the bill:

Provided, however, the state shall defray the cost of verifying each applicant's eligibility status for a benefit from a local health department.

On motion, Amendment No. 5 was adopted.

Rep. K. Williams moved the previous question, which motion prevailed.

Rep. Carr moved that Senate Bill No. 1325 , as amended, be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 71 Noes...... 19

Representatives voting aye were: Alexander, Bass, Brooks H, Brooks K, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Keisling, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Moore, Niceley, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Roach, Sanderson, Sexton, Shipley, Sparks, Swann, Tidwell, Todd, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 71

Representatives voting no were: Armstrong, Brown, DeBerry J, Gilmore, Hardaway, Jones, Kernell, Miller L, Naifeh, Odom, Parkinson, Pitts, Richardson, Shaw, Sontany, Stewart, Towns, Turner J, Turner M -- 19

A motion to reconsider was tabled.

EXCUSED

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

Representative B. Cooper

Representative Favors

5919 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

REGULAR CALENDAR, CONTINUED

House Bill No. 2488 -- Criminal Offenses - As introduced, enhances the penalty for involuntary labor servitude where the victim was under age 13 and adds means by which the crime is possible. - Amends TCA Title 39, Chapter 13 and Title 40. by *Coley, *Hurley, *Cooper B, *Maggart, *Camper, *Weaver, *Favors, *Jones S, *Floyd, *Sparks, *Brown, *Todd, *Swann, *Gilmore, *Richardson. (*SB2368 by *Marrero, *Harper, *Burks, *Yager)

On motion, House Bill No. 2488 was made to conform with Senate Bill No. 2368 ; the Senate Bill was substituted for the House Bill.

Rep. Coley moved that Senate Bill No. 2368 be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 92 Noes...... 0

Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Brown, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 92

A motion to reconsider was tabled.

REQUEST TO CHANGE VOTE

Pursuant to Rule No. 31 , the following member(s) desire to change their original stand from “not voting” to “aye” on Senate Bill No. 1325 and have this statement entered in the Journal: Rep(s). Sargent.

REGULAR CALENDAR, CONTINUED

*House Bill No. 2493 -- Criminal Offenses - As introduced, creates the offense of trafficking for commercial sex acts and describes acts that constitute the crime. by *Coley, *Jones S, *Floyd, *Sparks, *Maggart, *Swann, *Todd, *Brown, *Gilmore, *Richardson, *Sontany. (SB2371 by *Marrero, *Harper, *Summerville, *Burks, *Ford, *Yager)

On motion, House Bill No. 2493 was made to conform with Senate Bill No. 2371 ; the Senate Bill was substituted for the House Bill.

Rep. Coley moved that Senate Bill No. 2371 be passed on third and final consideration.

5920 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Rep. Watson moved that Judiciary Committee Amendment No. 1 be withdrawn, which motion prevailed.

Rep. Coley moved that Senate Bill No. 2371 be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 93 Noes...... 0

Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Brown, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 93

A motion to reconsider was tabled.

*House Bill No. 2868 -- Criminal Offenses - As introduced, includes the commission of or attempt to commit a criminal gang offense within the definition of racketeering activity and enterprise for purposes of the Racketeer and Corrupt Organization Act (RICO). - Amends TCA Title 39, Chapter 12, Part 2. by *Dean. (SB3005 by *Watson)

On motion, House Bill No. 2868 was made to conform with Senate Bill No. 3005 ; the Senate Bill was substituted for the House Bill.

Rep. Dean moved that Senate Bill No. 3005 be passed on third and final consideration.

Rep. Watson moved that Judiciary Committee Amendment No. 1 be withdrawn, which motion prevailed.

Rep. Dean moved that Senate Bill No. 3005 be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 88 Noes...... 2

Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Towns, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 88

5921 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Representatives voting no were: Brown, Turner J -- 2

A motion to reconsider was tabled.

JOURNAL CORRECTION

Without objection, the Speaker requested that the Journal reflect that Reps. Hardaway, Parkinson and Towns voted “aye” on Senate Bill No. 3005 .

REQUEST TO CHANGE VOTE

Pursuant to Rule No. 31 , the following member(s) desire to change their original stand from “not voting” to “aye” on Senate Bill No. 3005 and have this statement entered in the Journal: Rep(s). Shaw.

REGULAR CALENDAR, CONTINUED

*House Bill No. 3272 -- Education - As introduced, requires standardized testing of K-2 students in schools in the achievement school district or in schools feeding into schools in the achievement school district to determine how to best target student learning needs and if any learning disparities exist. - Amends TCA Title 49, Chapter 1; Title 49, Chapter 2; Title 49, Chapter 5 and Title 49, Chapter 6. by *Parkinson. (SB3155 by *Kelsey)

On motion, House Bill No. 3272 was made to conform with Senate Bill No. 3155 ; the Senate Bill was substituted for the House Bill.

Rep. Parkinson moved that Senate Bill No. 3155 be passed on third and final consideration.

Rep. Hensley moved adoption of Education Committee Amendment No. 1 as follows:

Amendment No. 1

AMEND Senate Bill No. 3155 by deleting all language after the enacting clause and by substituting instead the following:

SECTION 1. Tennessee Code Annotated, Section 49-1-614, is amended by adding the following language as a new, appropriately designated subsection:

( ) The department of education shall establish within the school system with the most schools operated by the achievement school district (ASD) a four-year pilot program of assessment of kindergarten students. The pilot program shall begin with the 2012-2013 school year. Students entering kindergarten in such system in schools operated by the ASD shall be assessed by an appropriate standardized test or tests. The test shall measure the present educational levels of the students to determine how instruction should be targeted to best meet the learning needs of the students and to eliminate disparities in learning backgrounds, if any. At

5922 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

the conclusion of the four-year pilot program, the office of research and education accountability shall evaluate the program as to whether it should be continued and expanded. The office of research and education accountability shall report its findings and conclusions to the department and to the education committees of the senate and the house of representatives by July 1, 2016.

SECTION 2. This act shall take effect July 1, 2012, the public welfare requiring it.

On motion, Education Committee Amendment No. 1 was adopted.

Rep. Hensley moved that the House reconsider its action in adopting Education Amendment No. 1, which motion prevailed.

Rep. Hensley moved that Education Committee Amendment No. 1 be withdrawn, which motion prevailed.

Rep. Parkinson moved that Senate Bill No. 3155 be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 88 Noes...... 0

Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Butt, Campbell, Carr, Casada, Cobb, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Towns, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Madam Speaker Harwell -- 88

A motion to reconsider was tabled.

*House Bill No. 2311 -- Sexual Offenses - As introduced, requires that persons convicted of aggravated rape serve 100 percent of sentence. - Amends TCA Title 39, Chapter 13, Part 5 and Title 40, Chapter 35. by *Parkinson. (SB2349 by *Beavers)

On motion, House Bill No. 2311 was made to conform with Senate Bill No. 2349 ; the Senate Bill was substituted for the House Bill.

Rep. Parkinson moved that Senate Bill No. 2349 be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 93 Noes...... 0

5923 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Brown, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 93

A motion to reconsider was tabled.

JOURNAL CORRECTION

Without objection, the Speaker requested that the Journal reflect that Rep. Richardson voted “aye” on Senate Bill No. 2349 .

REGULAR CALENDAR, CONTINUED

House Bill No. 2733 -- Sexual Offenses - As introduced, increases from $1,500 to $2,000 the fine that may be imposed for a third or subsequent public indecency offense. - Amends TCA Title 39, Chapter 13 and Title 39, Chapter 17. by *Pitts, *Harrison, *Dennis, *Brooks K, *Dean, *Eldridge, *Naifeh, *Shaw, *Coley, *Matheny. (*SB2438 by *Finney L, *Overbey, *Yager, *Burks)

On motion, House Bill No. 2733 was made to conform with Senate Bill No. 2438 ; the Senate Bill was substituted for the House Bill.

Rep. Pitts moved that Senate Bill No. 2438 be passed on third and final consideration.

Rep. Watson moved that Judiciary Committee Amendment No. 1 be withdrawn, which motion prevailed.

Rep. Pitts moved that Senate Bill No. 2438 be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 92 Noes...... 0

Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Brown, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Stewart, Swann, Tidwell, Todd, Towns, Turner J,

5924 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 92

A motion to reconsider was tabled.

Senate Bill No. 3647 -- Conservation - As introduced, decreases time county conservation board must organize from 30 days after appointment to 20 days after appointment; allows board to send report of transactions and operations to commissioner electronically. - Amends TCA Title 11 and Title 67. by *Southerland, *Ramsey, *Ketron, *Marrero . (*HB3111 by *Campbell)

Further consideration of Senate Bill No. 3647 previously considered on today’s Calendar, at which time the House adopted Amendment(s) No(s). 1.

Rep. Campbell moved that Senate Bill No. 3647 , as amended, be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 93 Noes...... 0

Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Brown, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 93

A motion to reconsider was tabled.

JOURNAL CORRECTION

Without objection, the Speaker requested that the Journal reflect that Rep. Armstrong voted “aye” on Senate Bill No. 3647 .

REGULAR CALENDAR, CONTINUED

House Bill No. 3213 -- Taxes, Exemption and Credits - As introduced, authorizes property tax relief for spouses of veterans whose deaths resulted from being deployed in support of peace operations. - Amends TCA Section 67-5-704. by *Pitts. (*SB2863 by *Barnes, *Norris, *Burks, *Crowe, *Ford, *Herron)

On motion, House Bill No. 3213 was made to conform with Senate Bill No. 2863 ; the Senate Bill was substituted for the House Bill.

5925 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Rep. Pitts moved that Senate Bill No. 2863 be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 92 Noes...... 0

Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Brown, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 92

A motion to reconsider was tabled.

REQUEST TO CHANGE VOTE

Pursuant to Rule No. 31 , the following member(s) desire to change their original stand from “not voting” to “aye” on Senate Bill No. 2863 and have this statement entered in the Journal: Rep(s). J. DeBerry.

REGULAR CALENDAR, CONTINUED

*House Bill No. 2655 -- Criminal Offenses - As introduced, creates new Class A felony theft provision if the amount stolen is 250,000 or more; allows state to aggregate value of property stolen into single count if the conduct arose from a common scheme; and changes venue for all offenses graded by value. - Amends TCA Title 39, Chapter 14, Part 1. by *Watson, *Sparks. (SB2606 by *Beavers, *Burks)

On motion, House Bill No. 2655 was made to conform with Senate Bill No. 2606 ; the Senate Bill was substituted for the House Bill.

Rep. Sparks moved that Senate Bill No. 2606 be passed on third and final consideration.

Rep. Coley moved that Judiciary Committee Amendment No. 1 be withdrawn, which motion prevailed.

Rep. Sparks moved that Senate Bill No. 2606 be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 92 Noes...... 0

Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dennis,

5926 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 92

A motion to reconsider was tabled.

*House Bill No. 2551 -- Taxes, Exemption and Credits - As introduced, exempts from sales tax the repair and refurbishment services performed on out-of-state aircraft by an authorized service facility designated by an original equipment manufacturer, where the aircraft is removed out of state within 15 days of completion of work. - Amends TCA Title 67, Chapter 6, Part 3. by *Sargent. (SB2560 by *Ketron)

On motion, House Bill No. 2551 was made to conform with Senate Bill No. 2560 ; the Senate Bill was substituted for the House Bill.

Rep. Sargent moved that Senate Bill No. 2560 be passed on third and final consideration.

Rep. Harrison moved that Finance, Ways and Means Committee Amendment No. 1 be withdrawn, which motion prevailed.

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

Rep. Sargent moved that Senate Bill No. 2560 be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 80 Noes...... 8

Representatives voting aye were: Alexander, Bass, Brooks H, Brooks K, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, Dennis, Dunn, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harrison, Hawk, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sparks, Stewart, Swann, Tidwell, Todd, Turner J, Watson, Weaver, White, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 80

Representatives voting no were: Armstrong, Elam, Haynes, Keisling, Sontany, Towns, Turner M, Williams K -- 8

A motion to reconsider was tabled.

5927 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

*House Bill No. 2840 -- Taxes, Inheritance Gift - As introduced, eliminates the gift tax in 2013 and thereafter. - Amends TCA Title 67, Chapter 8, Part 6; Title 67, Chapter 8, Part 1 and Title 67, Chapter 8, Part 4. by *Sargent, *Harwell, *Weaver, *Williams R, *Niceley, *Johnson C, *Elam, *Brooks K, *McDaniel, *Hurley, *Halford, *Brooks H, *Dunn, *Holt, *Hawk, *Wirgau, *Eldridge, *Montgomery, *Powers, *Haynes, *Shipley, *Dean, *Hall, *Williams K, *Campbell, *Keisling, *Cobb, *White, *Ford, *Matlock, *Dennis, *Butt, *Marsh, *Sexton, *Johnson P, *Gotto, *Sanderson, *Hill, *McManus, *Lundberg, *Casada, *Alexander, *Evans, *Carr, *Maggart. (SB2777 by *McNally, *Ketron, *Kelsey)

On motion, House Bill No. 2840 was made to conform with Senate Bill No. 2777 ; the Senate Bill was substituted for the House Bill.

Rep. Sargent moved that Senate Bill No. 2777 be passed on third and final consideration.

Rep. Harrison moved adoption of Finance, Ways and Means Committee Amendment No. 1 as follows:

Amendment No. 1

AMEND Senate Bill No. 2777 by deleting all language after the enacting clause and by substituting instead the following:

SECTION 1. Tennessee Code Annotated, Section 67-8-101(a), is amended by deleting the subsection in its entirety and by substituting instead the following:

(a)

(1) Except as otherwise provided by subdivision (a)(2), a tax is imposed upon the transfer by gift during any calendar year by any person of the following property, or any interest therein:

(A) When the transfer is from a resident of this state:

(i) Real property situated within this state;

(ii) Tangible personal property, except such as has an actual situs without this state;

(iii) All intangible personal property; and

(B) When the transfer is from a nonresident of this state:

(i) Real property situated within this state; and

(ii) Tangible personal property that has an actual situs within this state.

(2) No tax shall be imposed upon the transfer by gift made by any person on or after January 1, 2012; provided, however, this subdivision

5928 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

(a)(2) shall not be construed to absolve any taxpayer of liability for any tax duly imposed by this section, during any tax year that began prior to January 1, 2012.

SECTION 2. Tennessee Code Annotated, Title 67, Chapter 8, Part 1, is amended by adding the following language as a new section:

67-8-118 . This part does not apply to any transfer by gift made on or after January 1, 2012.

SECTION 3. Tennessee Code Annotated, Section 67-8-409(g)(1), is amended by deleting the language "decedent's lifetime" and by substituting instead the language "decedent's lifetime and prior to January 1, 2012".

SECTION 4. Tennessee Code Annotated, Section 67-8-409(g)(2), is amended by deleting the language "under § 67-8-104" and by substituting instead the language "under § 67-8-104 prior to January 1, 2012".

SECTION 5. Tennessee Code Annotated, Section 67-8-605, is amended by adding the following language at the beginning of the second sentence of the section:

Notwithstanding § 67-8-118,

SECTION 6. This act shall take effect upon becoming a law, the public welfare requiring it, and shall apply to tax years beginning on or after January 1, 2012.

On motion, Finance, Ways and Means Committee Amendment No. 1 was adopted.

Rep. Sargent moved that Senate Bill No. 2777 , as amended, be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 79 Noes...... 10

Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McManus, Miller D, Miller L, Niceley, Odom, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sparks, Stewart, Swann, Tidwell, Todd, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 79

Representatives voting no were: Hardaway, Jones, McDonald, Moore, Parkinson, Richardson, Sontany, Towns, Turner J, Turner M -- 10

A motion to reconsider was tabled.

5929 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

*House Bill No. 3302 -- Food and Food Products - As introduced, authorizes the sale of food and food products cooked or produced in a home kitchen if vendor has a sign announcing that a home kitchen was the source of such food or food products. - Amends TCA Title 53, Chapter 8, Part 1. by *Hill, *Evans. (SB3547 by *Crowe, *Ramsey, *Barnes, *Beavers, *Bell, *Berke, *Burks, *Campfield, *Faulk, *Finney L, *Ford, *Gresham, *Harper, *Haynes, *Henry, *Herron, *Johnson, *Kelsey, *Ketron, *Kyle, *Marrero, *Massey, *McNally, *Norris, *Overbey, *Roberts, *Southerland, *Stewart, *Summerville, *Tracy, *Watson, *Yager)

Further consideration of House Bill No. 3302 previously considered on March 19, 2012, at which time it was reset for today’s Regular Calendar.

On motion, House Bill No. 3302 was made to conform with Senate Bill No. 3547 ; the Senate Bill was substituted for the House Bill.

Rep. Hill moved that Senate Bill No. 3547 be passed on third and final consideration.

Rep. Niceley moved that Agriculture Committee Amendment No. 1 be withdrawn, which motion prevailed.

Rep. Harrison moved that Finance, Ways and Means Committee Amendment No. 1, as House Amendment No. 2, be withdrawn, which motion prevailed.

Rep. Hill moved that Senate Bill No. 3547 be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 90 Noes...... 3

Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Brown, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 90

Representatives voting no were: DeBerry L, Fitzhugh, Moore -- 3

A motion to reconsider was tabled.

JOURNAL CORRECTION

Without objection, the Speaker requested that the Journal reflect that Rep. Parkinson voted “aye” on Senate Bill No. 3547 .

5930 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

REGULAR CALENDAR, CONTINUED

House Bill No. 3769 -- Schools, Charter - As introduced, revises charter school application process time frames; permits LEAs to charge charter school applicants an application fee; changes current law to allow, not mandate, charter school teacher participation in group insurance plans offered by the LEA. - Amends TCA Title 49, Chapter 13. by *Brooks H. (*SB3247 by *Berke)

On motion, House Bill No. 3769 was made to conform with Senate Bill No. 3247 ; the Senate Bill was substituted for the House Bill.

Rep. H. Brooks moved that Senate Bill No. 3247 be passed on third and final consideration.

Rep. Hensley moved that Education Committee Amendment No. 1 be withdrawn, which motion prevailed.

Rep. Harrison moved that Finance, Ways and Means Committee Amendment No. 1, as House Amendment No. 2, be withdrawn, which motion prevailed.

Rep. Harrison moved adoption of Finance, Ways and Means Committee Amendment No. 2, as House Amendment No. 3, as follows:

Amendment No. 3

AMEND Senate Bill No. 3247 by deleting the language "July 1, 2012" in subdivision (B) in Section 9 and by substituting instead the language "January 1, 2013".

On motion, Finance, Ways and Means Committee Amendment No. 2, as House Amendment No. 3, was adopted.

Rep. H. Brooks moved that Senate Bill No. 3247 , as amended, be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 63 Noes...... 21

Representatives voting aye were: Bass, Brooks H, Brooks K, Butt, Campbell, Casada, Coley, Curtiss, DeBerry L, Dennis, Elam, Eldridge, Faison, Fitzhugh, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harrison, Hawk, Hill, Hurley, Johnson C, Johnson P, Keisling, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McManus, Miller D, Miller L, Naifeh, Niceley, Odom, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Roach, Sargent, Sexton, Shepard, Shipley, Sparks, Swann, Tidwell, Turner M, Watson, Weaver, White, Williams R, Wirgau, Womick, Madam Speaker Harwell -- 63

Representatives voting no were: Alexander, Armstrong, Brown, Cobb, Dean, Dunn, Evans, Hardaway, Harmon, Haynes, Hensley, Holt, Kernell, McDonald, Moore, Parkinson, Sontany, Stewart, Turner J, Williams K, Windle -- 21

A motion to reconsider was tabled.

5931 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

REQUEST TO CHANGE VOTE

Pursuant to Rule No. 31 , the following member(s) desire to change their original stand from “aye” to “no” on Senate Bill No. 3247 and have this statement entered in the Journal: Rep(s). Hurley.

REGULAR CALENDAR, CONTINUED

*House Bill No. 2235 -- Education - As introduced, makes the Move on When Ready Act inapplicable in Williamson County. - Amends TCA Title 49, Chapter 6, Part 83. by *Casada. (SB2484 by *Johnson)

On motion, House Bill No. 2235 was made to conform with Senate Bill No. 2484 ; the Senate Bill was substituted for the House Bill.

Rep. Casada moved that Senate Bill No. 2484 be passed on third and final consideration.

Rep. Hensley moved that Education Committee Amendment No. 1 be withdrawn, which motion prevailed.

Rep. Hensley moved that Education Committee Amendment No. 2 be withdrawn, which motion prevailed.

Rep. Hensley moved that Education Committee Amendment No. 3 be withdrawn, which motion prevailed.

Rep. Sargent moved that Finance, Ways and Means Committee Amendment No. 1, as House Amendment No. 4, be withdrawn, which motion prevailed.

Rep. Windle moved that Amendment No. 5 be withdrawn, which motion prevailed.

Rep. Casada moved that Senate Bill No. 2484 be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 83 Noes...... 4 Present and not voting...... 1

Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, Dennis, Dunn, Elam, Eldridge, Faison, Fitzhugh, Floyd, Ford, Forgety, Gotto, Halford, Hall, Hardaway, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sparks, Stewart, Swann, Tidwell, Todd, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 83

5932 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Representatives voting no were: DeBerry J, DeBerry L, Evans, Towns -- 4

Representatives present and not voting were: Gilmore -- 1

A motion to reconsider was tabled.

House Bill No. 3622 -- Lottery, Scholarships and Programs - As introduced, permits an independent postsecondary institution that was an eligible independent postsecondary institution for lottery scholarship purposes, but became ineligible because of a change in the definition of eligible independent postsecondary institution, to remain in eligible status so long as it is accredited by SACS. - Amends TCA Section 49-4-902(11)(B). by *Gotto, *Montgomery, *Brooks H, *Harrison, *Lollar. (*SB3170 by *Haynes, *Overbey, *Crowe, *Tate, *Finney L, *Campfield, *McNally, *Kyle, *Ketron, *Ford)

On motion, House Bill No. 3622 was made to conform with Senate Bill No. 3170 ; the Senate Bill was substituted for the House Bill.

Rep. Gotto moved that Senate Bill No. 3170 be passed on third and final consideration.

Rep. Sargent moved that Finance, Ways and Means Committee Amendment No. 1 be withdrawn, which motion prevailed.

Rep. Sargent moved that Finance, Ways and Means Committee Amendment No. 2 be withdrawn, which motion prevailed.

Rep. Gotto moved that Senate Bill No. 3170 be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 82 Noes...... 3 Present and not voting...... 3

Representatives voting aye were: Alexander, Bass, Brooks H, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McManus, Miller D, Miller L, Moore, Naifeh, Niceley, Odom, Parkinson, Pody, Powers, Ragan, Ramsey, Rich, Roach, Sanderson, Sexton, Shaw, Shepard, Shipley, Sparks, Stewart, Swann, Tidwell, Todd, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 82

Representatives voting no were: Brown, Pitts, Towns -- 3

Representatives present and not voting were: Armstrong, McDonald, Pruitt -- 3

A motion to reconsider was tabled.

5933 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

*House Bill No. 101 -- Local Government, General - As introduced, applies certain regulations on a state-wide basis concerning hours of operation, prohibited acts, and permitting regulations for employees and entertainers of adult-oriented establishments and adult cabarets. - Amends TCA Title 7. by *Hardaway, *McManus, *Todd, *Miller L, *DeBerry L. (SB1329 by *Kelsey)

On motion, House Bill No. 101 was made to conform with Senate Bill No. 1329 ; the Senate Bill was substituted for the House Bill.

Rep. Hardaway moved that Senate Bill No. 1329 be passed on third and final consideration.

Rep. Ramsey moved that State and Local Government Committee Amendment No. 1 be withdrawn, which motion prevailed.

Rep. Hardaway moved that Senate Bill No. 1329 be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 89 Noes...... 1 Present and not voting...... 1

Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Brown, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Pruitt, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 89

Representatives voting no were: Hurley -- 1

Representatives present and not voting were: Powers -- 1

A motion to reconsider was tabled.

*House Joint Resolution No. 751 -- General Assembly, Statement of Intent or Position - Urges department of safety to conduct feasibility study of an online database of persons having proof of financial responsibility for law enforcement purposes. by *Hardaway, *Todd, *DeBerry L.

Rep. Hardaway moved adoption of House Joint Resolution No. 751 , which motion prevailed by the following vote:

Ayes...... 91 Noes...... 0

5934 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Brown, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 91

A motion to reconsider was tabled.

House Bill No. 3763 -- Special License Plates - As introduced, requires hospital specialty license plates to have a 500 plate minimum for issuance and renewal. - Amends TCA Title 55, Chapter 4. by *Hill. (*SB3545 by *Crowe)

On motion, House Bill No. 3763 was made to conform with Senate Bill No. 3545 ; the Senate Bill was substituted for the House Bill.

Rep. Hill moved that Senate Bill No. 3545 be passed on third and final consideration.

Rep. P. Johnson moved that Transportation Committee Amendment No. 1 be withdrawn, which motion prevailed.

Rep. Hill moved that Senate Bill No. 3545 be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 91 Noes...... 0

Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brown, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 91

A motion to reconsider was tabled.

5935 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

House Bill No. 3225 -- Fees - As introduced, clarifies provisions regarding forfeitures of a cash bond or other surety as the result of a municipal traffic violation being transmitted to the TBI. - Amends TCA Title 6, Chapter 54; Title 7, Chapter 3 and Title 38, Chapter 6, Part 1. by *Watson, *Matheny. (*SB2886 by *McNally)

On motion, House Bill No. 3225 was made to conform with Senate Bill No. 2886 ; the Senate Bill was substituted for the House Bill.

Rep. Watson moved that Senate Bill No. 2886 be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 86 Noes...... 1 Present and not voting...... 1

Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Butt, Campbell, Casada, Cobb, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 86

Representatives voting no were: Carr -- 1

Representatives present and not voting were: Powers -- 1

A motion to reconsider was tabled.

*House Bill No. 3372 -- Workers Compensation - As introduced, extends time period for advisory council on workers' compensation to provide specified information to the general assembly from 10 days to 14 days. - Amends TCA Title 29; Title 50, Chapter 6 and Title 56. by *White. (SB3315 by *Johnson)

On motion, House Bill No. 3372 was made to conform with Senate Bill No. 3315 ; the Senate Bill was substituted for the House Bill.

Rep. White moved that Senate Bill No. 3315 be passed on third and final consideration.

Rep. Eldridge moved that Consumer and Employee Affairs Committee Amendment No. 1 be withdrawn, which motion prevailed.

Rep. Sargent moved that Finance, Ways and Means Committee Amendment No. 1, as House Amendment No. 2, be withdrawn, which motion prevailed.

Rep. White moved that Senate Bill No. 3315 be passed on third and final consideration, which motion prevailed by the following vote:

5936 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Ayes...... 86 Noes...... 3

Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brown, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Harmon, Harrison, Hawk, Haynes, Hill, Holt, Hurley, Johnson C, Johnson P, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Roach, Sanderson, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 86

Representatives voting no were: Hardaway, Jones, Moore -- 3

A motion to reconsider was tabled.

REQUEST TO CHANGE VOTE

Pursuant to Rule No. 31 , the following member(s) desire to change their original stand from “aye” to “no” on Senate Bill No. 3315 and have this statement entered in the Journal: Rep(s). Kernell.

Pursuant to Rule No. 31 , the following member(s) desire to change their original stand from “not voting” to “aye” on Senate Bill No. 3315 and have this statement entered in the Journal: Rep(s). K. Brooks.

REGULAR CALENDAR, CONTINUED

House Bill No. 3832 -- Taxes - As introduced, raises from $15.00 to $30.00 the minimum penalty assessed, regardless of the amount of tax due or whether there is any tax due, when any person fails to timely make any return or report or fails to timely pay any taxes shown to be due on the return or report. - Amends TCA Title 67. by *Sargent. (*SB3507 by *Ketron)

On motion, House Bill No. 3832 was made to conform with Senate Bill No. 3507 ; the Senate Bill was substituted for the House Bill.

Rep. Sargent moved that Senate Bill No. 3507 be passed on third and final consideration.

Rep. Harrison moved that Finance, Ways and Means Committee Amendment No. 1 be withdrawn, which motion prevailed.

Rep. Sargent moved that Senate Bill No. 3507 be passed on third and final consideration, which motion prevailed by the following vote:

5937 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Ayes...... 85 Noes...... 1 Present and not voting...... 1

Representatives voting aye were: Alexander, Armstrong, Brooks H, Brooks K, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Madam Speaker Harwell -- 85

Representatives voting no were: Moore -- 1

Representatives present and not voting were: Brown -- 1

A motion to reconsider was tabled.

REQUEST TO CHANGE VOTE

Pursuant to Rule No. 31 , the following member(s) desire to change their original stand from “aye” to “no” on Senate Bill No. 3315 and have this statement entered in the Journal: Rep(s). J. Turner.

REGULAR CALENDAR, CONTINUED

*House Bill No. 3496 -- Education - As introduced, states that LEA shall allocate amount equal to state funds per pupil for education of children in mental health facilities and revises criteria for residential mental health facility to receive such funding. - Amends TCA Section 49-3-370. by *Hensley. (SB3270 by *Tracy, *Ketron, *Burks)

On motion, House Bill No. 3496 was made to conform with Senate Bill No. 3270 ; the Senate Bill was substituted for the House Bill.

Rep. Hensley moved that Senate Bill No. 3270 be passed on third and final consideration.

Rep. Carr moved that Education Committee Amendment No. 1 be withdrawn, which motion prevailed.

Rep. Hensley moved that Senate Bill No. 3270 be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 88 Noes...... 3

5938 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McManus, Miller D, Miller L, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Towns, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 88

Representatives voting no were: McDonald, Moore, Turner M -- 3

A motion to reconsider was tabled.

REQUEST TO CHANGE VOTE

Pursuant to Rule No. 31 , the following member(s) desire to change their original stand from “not voting” to “aye” on Senate Bill No. 3270 and have this statement entered in the Journal: Rep(s). J. Turner.

REGULAR CALENDAR, CONTINUED

House Bill No. 3082 -- Animal Cruelty and Abuse - As introduced, creates Class E felony of aggravated cruelty to livestock, which is intentionally engaging in specified conduct in a depraved and sadistic manner that results in serious bodily injury or death to the animal and is done without lawful or legitimate purpose. - Amends TCA Title 39, Chapter 14, Part 2. by *Odom, *Harrison. (*SB2759 by *Henry, *Ketron, *Ford, *Gresham, *Harper, *Marrero, *Massey, *Overbey, *Yager)

On motion, House Bill No. 3082 was made to conform with Senate Bill No. 2759 ; the Senate Bill was substituted for the House Bill.

Rep. Odom moved that Senate Bill No. 2759 be passed on third and final consideration.

Rep. Niceley moved that Agriculture Committee Amendment No. 1 be withdrawn, which motion prevailed.

Rep. Odom moved that Senate Bill No. 2759 be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 85 Noes...... 3

Representatives voting aye were: Alexander, Armstrong, Brooks H, Brooks K, Brown, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Jones, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, Miller D, Miller L, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Pruitt, Ragan, Ramsey, Rich,

5939 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Richardson, Roach, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 85

Representatives voting no were: Bass, Keisling, Powers -- 3

A motion to reconsider was tabled.

House Bill No. 177 -- Special License Plates - As introduced, creates new specialty license plate for Historic Collierville; funds from the sale of the plates to be allocated to Main Street Collierville. - Amends TCA Title 55, Chapter 4. by *Todd, *Johnson P. (*SB239 by *Norris, *Kelsey, *Marrero, *Tate)

On motion, House Bill No. 177 was made to conform with Senate Bill No. 239 ; the Senate Bill was substituted for the House Bill.

Rep. Todd moved that Senate Bill No. 239 be passed on third and final consideration.

Rep. P. Johnson moved adoption of Transportation Committee Amendment No. 1 as follows:

Amendment No. 1

AMEND Senate Bill No. 239 By deleting all of the language after the enacting clause and by substituting instead the following:

SECTION 1. Tennessee Code Annotated, Section 55-4-347, is amended by adding a new subsection thereto, as follows:

(d) Notwithstanding the time limitations of § 55-4-201(h)(1), the Historic Collierville new specialty earmarked license plates authorized for issuance pursuant to this section shall have one (1) year from the effective date of this act or until July 1, 2013, whichever is later, to meet applicable initial issuance requirements of § 55-4-201(h)(1).

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

On motion, Transportation Committee Amendment No. 1 was adopted.

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

Rep. Todd moved that Senate Bill No. 239 , as amended, be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 90 Noes...... 0

Representatives voting aye were: Alexander, Armstrong, Brooks H, Brooks K, Brown, Butt, Campbell, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn,

5940 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 90

A motion to reconsider was tabled.

Senate Bill No. 2923 -- Workers Compensation - As introduced, clarifies that either party in a worker's compensation dispute may bring suit in the county in which the employee resided at the time of the injury, revising current law's requirement that it be the county where the employee resides, when issues remain after the benefit review conference. - Amends TCA Title 50. by *Overbey, *Ketron, *Bell. (*HB2808 by *Dennis)

Further consideration of Senate Bill No. 2923 previously considered on April 27, 2012, at which time the House substituted the Senate Bill for the House Bill and it was reset for today’s Regular Calendar.

Rep. Dennis moved that Senate Bill No. 2923 be passed on third and final consideration.

Rep. M. Turner moved that Amendment No. 1 be withdrawn, which motion prevailed.

Rep. Dennis moved that Senate Bill No. 2923 be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 83 Noes...... 7 Present and not voting...... 1

Representatives voting aye were: Alexander, Armstrong, Brooks H, Brooks K, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McManus, Miller D, Miller L, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Swann, Tidwell, Todd, Turner J, Turner M, Watson, Weaver, White, Williams R, Wirgau, Womick, Madam Speaker Harwell -- 83

Representatives voting no were: Brown, DeBerry L, McDonald, Moore, Stewart, Towns, Windle -- 7

Representatives present and not voting were: Bass -- 1

A motion to reconsider was tabled.

5941 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

REQUEST TO CHANGE VOTE

Pursuant to Rule No. 31 , the following member(s) desire to change their original stand from “aye” to “no” on Senate Bill No. 2923 and have this statement entered in the Journal: Rep(s). Gilmore.

REGULAR CALENDAR, CONTINUED

*House Resolution No. 233 -- Highway Signs - Designates "Bill Harmon Esplanade" in Nashville. by *Johnson P.

Further consideration of House Resolution No. 233 previously considered on today’s Calendar.

Rep. P. Johnson requested that House Resolution No. 233 be moved to the heel of the Calendar.

*House Bill No. 1788 -- Capitol - As introduced, creates David Crockett commission to oversee erection of monument or statue honoring David Crockett. by *Kernell, *Hawk. (SB1504 by *Southerland, *Overbey)

Further consideration of House Bill No. 1788 previously considered on April 30, 2012, at which time it was reset for today’s Regular Calendar.

On motion, House Bill No. 1788 was made to conform with Senate Bill No. 1504 ; the Senate Bill was substituted for the House Bill.

Rep. Kernell moved that Senate Bill No. 1504 be passed on third and final consideration.

Rep. Cobb moved that Government Operations Committee Amendment No. 1 be withdrawn, which motion prevailed.

Rep. Kernell moved adoption of Amendment No. 2 as follows:

Amendment No. 2

AMEND Senate Bill No. 1504 By deleting in its entirety Section 2 and by substituting instead the following:

SECTION 2.

(a) The commission shall be composed of nine (9) citizen members: five (5) members to be appointed by the governor, two (2) members to be appointed by the speaker of the house of representatives, and two (2) members to be appointed by the speaker of the senate. The governor shall designate one (1) member to serve as chair of the commission. Vacancies shall be filled by the original appointing authority. Members of the commission shall not receive travel expenses or compensation for their service; however, members of the commission

5942 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

may receive compensation or reimbursement for travel expenses from private sources.

(b) Of the members appointed to the commission:

(1) One (1) shall be a member of a Tennessee historical society or organization;

(2) One (1) shall be an employee or director of a public museum with experience relative to commissioned projects;

(3) One (1) shall have experience in fundraising for historical, artistic, or educational organizations or projects; and

(4) One (1) shall be a resident of the eastern grand division from an area of David Crockett's birthplace or where he enjoyed his early childhood who is a member of group that studies or celebrates David Crockett on an on-going basis.

On motion, Amendment No. 2 was adopted.

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

Rep. Kernell moved that Senate Bill No. 1504 , as amended, be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 93 Noes...... 0

Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Brown, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 93

A motion to reconsider was tabled.

*House Joint Resolution No. 911 -- General Assembly, Statement of Intent or Position - Urges the state board of education to establish a green cleaning policy for adoption by schools. by *Gilmore.

BILLS WITHDRAWN

On motion of Rep. Gilmore, House Joint Resolution No. 911 was withdrawn from the House.

5943 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

REGULAR CALENDAR, CONTINUED

*House Bill No. 3281 -- Campaigns and Campaign Finance - As introduced, removes prohibition on insurance companies making campaign contributions; removes PAC aggregate limitation on candidates; deletes report requirement on certain large contributions made within 10 days of election. - Amends TCA Title 2, Chapter 10 and Title 56, Chapter 3. by *Casada. (SB3645 by *Watson, *Ramsey, *Ketron)

BILLS WITHDRAWN

On motion of Rep. Casada, House Bill No. 3281 was withdrawn from the House.

REGULAR CALENDAR, CONTINUED

*House Resolution No. 233 -- Highway Signs - Designates "Bill Harmon Esplanade" in Nashville. by *Johnson P.

Further consideration of House Resolution No. 233 previously considered on today’s Calendar.

Rep. P. Johnson moved adoption of House Resolution No. 233 , with the requests that all members voting aye be added as co-prime sponsors and that a copy of the resolution be distributed to all members, which motion prevailed by the following vote with the following members not added pursuant to the signed Sponsor Exclusion form: Rep(s). Alexander, Butt, Holt, Hurley, Pody, Ragan and Womick:

Ayes...... 88 Noes...... 1

Representatives voting aye were: Alexander, Bass, Brooks H, Brooks K, Brown, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Faison, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Moore, Naifeh, Niceley, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 88

Representatives voting no were: Harmon -- 1

A motion to reconsider was tabled.

REQUEST TO CHANGE VOTE

Pursuant to Rule No. 31 , the following member(s) desire to change their original stand from “not voting” to “aye” on Senate Bill No. 1935 , previously adopted on April 27, 2012, and have this statement entered in the Journal: Rep(s). Gotto.

5944 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Pursuant to Rule No. 31 , the following member(s) desire to change their original stand from “not voting” to “aye” on House Joint Resolution No. 1177 , previously adopted on April 27, 2012, and have this statement entered in the Journal: Rep(s). Alexander and K. Brooks.

HOUSE ACTION ON SENATE MESSAGE

Senate Joint Resolution No. 878 --Memorials, Recognition - Pat Head Summitt. by *Herron, *Massey, *Campfield, *McNally, *Haynes, *Barnes, *Beavers, *Bell, *Berke, *Burks, *Crowe, *Faulk, *Finney L, *Ford, *Gresham, *Harper, *Henry, *Johnson, *Kelsey, *Ketron, *Kyle, *Marrero, *Norris, *Overbey, *Roberts, *Southerland, *Stewart, *Summerville, *Tate, *Tracy, *Watson, *Yager, *Ramsey

Rep. Fitzhugh moved that all members who had voted aye on Senate Joint Resolution No. 878 be added as co-prime sponsor, which motion prevailed.

BILL RETURNED

Rep. Fitzhugh moved that Senate Joint Resolution No. 878 be returned to the Senate, which motion prevailed.

HOUSE ACTION ON SENATE MESSAGE

Senate Bill No. 1471 -- Education - As introduced, requires school year to begin no earlier than fourth Monday in August unless the department of education grants a waiver; requires department to create a timeline detailing how state will meet federal school choice notification requirements. - Amends TCA Title 49. by *Barnes, *Ford, *Ketron, *Norris. (*HB 1805 by *DeBerry J, *Naifeh, *Hensley, *Harrison, *Pitts, *Dunn, *Montgomery, *McCormick, *Johnson P, *Maggart, *Johnson C, *Eldridge, *Matheny, *Brooks K, *Hill, *Powers, *Dean, *Todd, *White, *Niceley)

Rep. J. DeBerry moved that the House refuse to recede from its action in adopting House Amendment(s) No(s). 5, 6, 7, 8, 9, 10, 11, 4, 13, 14, 15, 16, 17, 18, 19, 20 and 22 to Senate Bill No. 1471 , which motion prevailed.

RECESS MOTION

On motion of Rep. McCormick, the House stood in recess until 3:00 p.m., today, which motion prevailed.

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. 285 Rep(s). Hurley as prime sponsor(s).

5945 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

House Bill No. 1788 Rep(s). McManus, Weaver, Maggart, Haynes, Stewart, Hensley, Swann, Womick, Halford, Richardson, Carr, Holt, Todd, Coley, Wirgau and White as prime sponsor(s).

ENGROSSED BILLS May 1, 2012

MADAM SPEAKER: The following bill(s) have been examined, engrossed and are ready for transmission to the Senate: House Joint Resolution(s) No(s). 751;

BETTY KAY FRANCIS, Chief Engrossing Clerk

ENROLLED BILLS May 1, 2012

MADAM SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefully compared House Resolution(s) No(s). 233; and find same correctly enrolled and ready for the signature of the Speaker.

BETTY KAY FRANCIS, Chief Engrossing Clerk

SIGNED May 1, 2012

The Speaker announced that she had signed the following: House Resolution(s) No(s). 233.

BETTY KAY FRANCIS, Chief Engrossing Clerk

MESSAGE FROM THE GOVERNOR May 1, 2012

MADAM SPEAKER: I am directed by the Governor to return herewith: House Bill(s) No(s). 3175 and 3874; with his approval.

HERBERT H. SLATTERY III, Counsel to the Governor

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to return to the House, House Bill(s) No(s). 3671; substituted for Senate Bill(s) on same subject(s) and passed by the Senate.

RUSSELL A. HUMPHREY, Chief Clerk

5946 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to transmit to the House, House Bill(s) No(s). 2982; The Senate refused to recede from its action in adopting Amendment(s) No(s). 2.

RUSSELL A. HUMPHREY, Chief Clerk

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to transmit to the House, Senate Bill(s) No(s). 1471;

The Senate refused to recede from its action in nonconcurring in House Amendment(s) No(s). 5, 6, 7, 8, 9, 10, 11, 4, 13, 14, 15, 16, 17, 18, 19, 20 and 22.

The Speaker appointed a Conference Committee composed of Senators: Barnes, Tracy and Gresham to confer with a like committee from the House in open conference to resolve the differences between the bodies on Senate Bill(s) No(s). 1471;

RUSSELL A. HUMPHREY, Chief Clerk

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to transmit to the House, Senate Bill(s) No(s). 2247; The Senate concurred in House Amendment(s) No(s). 3, 4 and 7. The Senate nonconcurred in House Amendment(s) No(s). 2.

RUSSELL A. HUMPHREY, Chief Clerk

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to transmit to the House, Senate Bill(s) No(s). 1325; The Senate nonconcurred in House Amendment(s) No(s). 2, 3 and 5.

RUSSELL A. HUMPHREY, Chief Clerk

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to transmit to the House, Senate Bill(s) No(s). 1493; The Senate nonconcurred in House Amendment(s) No(s). 1.

RUSSELL A. HUMPHREY, Chief Clerk

5947 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to transmit to the House, Senate Bill(s) No(s). 1738; The Senate nonconcurred in House Amendment(s) No(s). 1 and 2.

RUSSELL A. HUMPHREY, Chief Clerk

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to return to the House, House Bill(s) No(s). 651; substituted for Senate Bill(s) on same subject(s), amended, and passed by the Senate.

RUSSELL A. HUMPHREY, Chief Clerk

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to transmit to the House, Senate Joint Resolution(s) No(s). 930; adopted, for the House's action.

RUSSELL A. HUMPHREY, Chief Clerk

Senate Joint Resolution No. 930 -- General Assembly, Adjournment - Provides for adjournment sine die of the 107th General Assembly at close of business on May 1, 2012. by *Norris, *Barnes, *Beavers, *Bell, *Berke, *Burks, *Campfield, *Faulk, *Finney L, *Ford, *Gresham, *Harper, *Haynes, *Henry, *Herron, *Johnson, *Kelsey, *Ketron, *Kyle, *Marrero, *Massey, *McNally, *Overbey, *Roberts, *Southerland, *Stewart, *Summerville, *Tate, *Tracy, *Watson, *Yager, *Ramsey

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to transmit to the House, Senate Bill(s) No(s). 326; The Senate concurred in House Amendment(s) No(s). 2. The Senate nonconcurred in House Amendment(s) No(s). 4, 5, 7, 8, 9 and 10.

RUSSELL A. HUMPHREY, Chief Clerk

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to transmit to the House, House Bill(s) No(s). 2774; The Senate moved to lift from the table the motion to reconsider on House Bill(s) No(s). 2774. The Senate moved to reconsider its action in passing House Bill(s) No(s). 2774. The Senate moved to reconsider its action in adopting Amendment(s) No(s). 2. The Senate withdrew Amendment(s) 2. The Senate repassed House Bill(s) No(s). 2774.

RUSSELL A. HUMPHREY, Chief Clerk

5948 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to return to the House, House Joint Resolution(s) No(s). 791, 816, 863, 870, 872, 960, 980, 1017, 1055, 1061, 1093, 1141, 1142, 1143, 1144, 1145, 1146, 1147, 1148, 1150, 1151, 1153, 1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1177, 1178, 1179, 1180 and 1181; concurred in by the Senate.

RUSSELL A. HUMPHREY, Chief Clerk

RECESS EXPIRED

The recess having expired, the House was called to order by Madam Speaker Harwell.

ROLL CALL DISPENSED WITH

On motion of Rep. McCormick, the roll call was dispensed with.

HOUSE ACTION ON SENATE MESSAGE

MOTION TO RECONSIDER

Senate Bill No. 2247 -- Tennessee Regulatory Authority - As introduced, changes the membership of the authority to be five part-time directors instead of four full-time directors; sets the salaries of such directors; revises other provisions regarding the Authority. - Amends TCA Title 65. by *Norris, *Faulk. (*HB 2385 by *McCormick, *Marsh)

Rep. Marsh moved that the House reconsider its actions in passing Senate Bill No. 2247, which motion prevailed.

Rep. Marsh moved that Senate Bill No. 2247, as amended, be passed on third and final consideration.

Rep. Haynes moved that the House reconsider its actions in adopting State and Local Government Committee Amendment No. 2, which motion prevailed.

Rep. Haynes moved that State and Local Government Committee Amendment No. 2 be withdrawn, which motion prevailed.

Rep. Marsh moved that Senate Bill No. 2247 , as amended, be passed on third and final consideration, which motion prevailed by the following vote:

Ayes...... 72 Noes...... 11

Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, Dennis, Dunn, Elam,

5949 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Eldridge, Faison, Floyd, Forgety, Gilmore, Gotto, Halford, Hall, Harrison, Hawk, Haynes, Hensley, Holt, Hurley, Johnson C, Johnson P, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Niceley, Pitts, Pody, Powers, Pruitt, Ragan, Rich, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sparks, Swann, Tidwell, Towns, Turner J, Watson, Weaver, White, Williams K, Williams R, Wirgau, Womick, Madam Speaker Harwell -- 72

Representatives voting no were: Brown, Evans, Hardaway, Hill, Jones, Odom, Parkinson, Richardson, Sontany, Stewart, Windle -- 11

A motion to reconsider was tabled.

HOUSE ACTION ON SENATE MESSAGE

House Bill No. 2982 -- Judgments - As introduced, changes the standard interest rate on judgments from 10 percent to the federal reserve weekly average prime loan rate, so long as such rate does not exceed 10 percent. - Amends TCA Title 47. by *Dennis, *Hardaway. (*SB 2705 by *Kelsey)

Rep. Dennis moved that the House refuse to recede from its action in nonconcurring in Senate Amendment(s) No(s). 2 to House Bill No. 2982 , which motion prevailed.

CONFERENCE COMMITTEE APPOINTED ON HOUSE BILL NO. 2982

Pursuant to Rule No. 73 , Representative Dennis moved that the Speaker appoint a Committee of the House to meet with a like Committee of the Senate to resolve the differences between the two bodies on House Bill No. 2982, which motion prevailed.

The Speaker appointed Representatives Dennis, Faison and Hardaway as the House members of the Conference Committee on House Bill No. 2982.

HOUSE ACTION ON SENATE MESSAGE

Senate Bill No. 1471 -- Education - As introduced, requires school year to begin no earlier than fourth Monday in August unless the department of education grants a waiver; requires department to create a timeline detailing how state will meet federal school choice notification requirements. - Amends TCA Title 49. by *Barnes, *Ford, *Ketron, *Norris. (*HB 1805 by *DeBerry J, *Naifeh, *Hensley, *Harrison, *Pitts, *Dunn, *Montgomery, *McCormick, *Johnson P, *Maggart, *Johnson C, *Eldridge, *Matheny, *Brooks K, *Hill, *Powers, *Dean, *Todd, *White, *Niceley)

CONFERENCE COMMITTEE APPOINTED ON SENATE BILL NO. 1471

Pursuant to Rule No. 73 , Rep. J. DeBerry acceded to the request of the Senate and moved that the Speaker appoint a Committee of the House to meet with a like Committee of the Senate to resolve the differences between the two bodies on Senate Bill No. 1471, which motion prevailed.

5950 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

The Speaker appointed Representatives J. DeBerry, Hensley and C. Johnson as the House members of the Conference Committee on Senate Bill No. 1471.

HOUSE ACTION ON SENATE MESSAGE

Senate Bill No. 1738 -- Tobacco, Tobacco Products - As introduced, deletes the requirement that the commissioner of revenue disclose information to the attorney general relevant to enforcement of the Tobacco Manufacturers' Escrow Fund Act of 1999; removes authority for attorney general to disclose such information in the course of litigation. - Amends TCA Title 39; Title 43 and Title 67. by *Johnson. (*HB 1054 by *McDaniel)

Rep. McDaniel moved that the House refuse to recede from its action in adopting House Amendment(s) No(s). 1 and 2 to Senate Bill No. 1738 , which motion prevailed.

HOUSE ACTION ON SENATE MESSAGE

Senate Bill No. 1325 -- Immigration - As introduced, enacts the "Eligibility Verification for Entitlements Act." - Amends TCA Title 4; Title 68 and Title 71. by *Johnson, *Southerland, *Beavers, *Tracy, *Roberts, *Bell, *Campfield, *Ketron, *Ramsey. (*HB 1379 by *Carr,* Maggart, *Matheny, *Shipley, *White, *Watson, *Sexton, *Casada, *Miller D, *Floyd, *Coley, *Weaver, *Womick, *Campbell, *Sparks, *Pody, *Rich, *Hensley, *Hill, *Hurley, *Wirgau, *Ragan, *Keisling, *Gotto, *Hall, *Butt, *Todd, *Faison, *Williams R, *Forgety, *Ford, *Lollar, *Holt, *Eldridge, *Brooks H, *Swann, *Cobb, *Dean, *McManus, *Hawk, *Evans, *Powers, *Sanderson, *Matlock, *Halford, *Harrison, *Elam, *Alexander, *Brooks K, *Dennis, *Williams K, *Haynes)

Rep. Carr moved that the House refuse to recede from its action in adopting House Amendment(s) No(s). 2, 3 and 5 to Senate Bill No. 1325 , which motion prevailed.

HOUSE ACTION ON SENATE MESSAGE

Senate Bill No. 1493 -- Alcoholic Beverage Commission - As introduced, removes annual compensation for members of the commission; allows commission to assess costs for administrative hearings. - Amends TCA Title 57. by *Marrero. (*HB 1916 by *Turner M, *Stewart)

Rep. M. Turner moved that the House refuse to recede from its action in adopting House Amendment(s) No(s). 1 to Senate Bill No. 1493 , which motion prevailed.

5951 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

HOUSE ACTION ON SENATE MESSAGE

*Senate Bill No. 326 -- Health Care - As introduced, enacts the Health Care Compact. - Amends TCA Title 4; Title 33; Title 63; Title 68 and Title 71. by *Beavers, *Tracy, *Gresham, *Ramsey, *Roberts, *Kelsey, *Johnson. (HB 369 by *Pody, *White, *Shipley, *Casada, *Carr, *Williams K, *Evans, *Maggart, *Rich, *Hensley, *Ramsey, *Lollar, *Todd, *Weaver, *Keisling, *Coley, *Alexander, *Sparks, *Powers, *Ragan, *Hall, *Butt, *Niceley, *Dennis, *Hurley, *Matheny, *Sexton, *Forgety, *Hawk, *Lundberg, *McManus, *Faison, *Miller D, *Sanderson, *Eldridge, *Wirgau, *Matlock, *Elam, *Dean, *Montgomery, *Ford, *Womick, *Holt, *Marsh, *Floyd)

Rep. Pody moved that the House refuse to recede from its action in adopting House Amendment(s) No(s). 4, 5, 7, 8, 9 and 10 to Senate Bill No. 326 , which motion prevailed.

HOUSE ACTION ON SENATE AMENDMENTS

House Bill No. 651 -- 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 *Cobb, *Rich, *Shipley. (*SB 233 by *Watson)

Senate Amendment No. 2

AMEND House Bill No. 651 by adding the following new section immediately preceding the last section and by renumbering the subsequent section accordingly:

SECTION ___. Tennessee Code Annotated, Section 4-3-1013, is amended by deleting subsection (f) in its entirety and by substituting instead the following:

(f) The TennCare bureau shall be required to annually report to the house health and human resources committee and the senate health and welfare committee concerning pharmacy benefits under the medical assistance program provided pursuant to title 71, chapter 5, on or before January 15th of each calendar year, beginning on January 15, 2013. The report shall specifically report on the use and cost of opioids and other controlled substances in the program.

Rep. Cobb moved that the House concur in Senate Amendment(s) No(s). 2 to House Bill No. 651 , which motion prevailed by the following vote:

Ayes...... 74 Noes...... 5

Representatives voting aye were: Alexander, Bass, Brooks H, Brooks K, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, Dennis, Elam, Eldridge, Evans, Faison, Floyd, Forgety, Gotto, Halford, Hall, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Naifeh, Niceley, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Rich, Richardson, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany,

5952 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Sparks, Stewart, Swann, Tidwell, Turner J, Watson, Weaver, White, Williams K, Williams R, Wirgau, Womick, Madam Speaker Harwell -- 74

Representatives voting no were: Armstrong, Brown, Hardaway, Towns, Windle -- 5

A motion to reconsider was tabled.

JOURNAL CORRECTION

Without objection, the Speaker requested that the Journal reflect that Rep. Hardaway voted “no” on House Bill No. 651 .

RULES SUSPENDED

Rep. McCormick moved that the rules be suspended for the immediate consideration of Senate Joint Resolution No. 930 out of order, which motion was immediately withdrawn.

SPECIAL ORDER

Without objection, Rep. McCormick moved the House take up the Consent Calendar out of order at this time.

CONSENT CALENDAR

Senate Joint Resolution No. 925 -- Memorials, Recognition - Sophia McBride. by *Ford.

Senate Joint Resolution No. 926 -- Memorials, Recognition - N.J. and Vera Ford Family Reunion. by *Ford.

Senate Joint Resolution No. 928 -- Memorials, Recognition - Claudia Huskey. by *Finney L, *Berke, *Overbey.

Rep. Hardaway moved that the Shelby County delegation be added as co-primes sponsors on Senate Joint Resolution No. 925, which motion prevailed.

Rep. Hardaway moved that the Shelby County delegation be added as co-primes sponsors on Senate Joint Resolution No. 926, which motion prevailed.

Pursuant to Rule No. 50 , Rep. Holt 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...... 87 Noes...... 0

5953 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Brown, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Forgety, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Rich, Richardson, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 87

A motion to reconsider was tabled.

RULES SUSPENDED

Rep. Cobb moved that the rules be suspended for the purpose of introducing House Resolution No. 285 out of order, which motion prevailed.

*House Resolution No. 285 -- General Assembly, Statement of Intent or Position - Supports location of VA hospital at Roane Medical Center facility in Harriman. by *Cobb, *Hurley.

On motion, the rules were suspended for the immediate consideration of the resolution.

On motion of Rep. Cobb, the resolution was adopted.

A motion to reconsider was tabled.

RULES SUSPENDED

Rep. Gotto moved that the rules be suspended for the immediate consideration of Senate Joint Resolution No. 904 out of order, which motion prevailed.

*Senate Joint Resolution No. 904 -- General Assembly, Statement of Intent or Position - Urges any state fair to be held where the seat of government is located. by *Henry, *Harper, *Haynes.

On motion of Rep. Gotto, the resolution was concurred in.

A motion to reconsider was tabled.

RECESS MOTION

On motion of Rep. McCormick, the House stood in a brief recess, which motion prevailed.

5954 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to return to the House, House Bill(s) No(s). 2982;

The Senate acceded to the request of the House for the appointment of a conference Committee. The Speaker appointed a Conference Committee composed of Senators: Berke, Kelsey and Tracy to confer with a like committee from the House in open conference to resolve the differences between the bodies on House Bill(s) No(s). 2982;

RUSSELL A. HUMPHREY, Chief Clerk

MESSAGE FROM THE GOVERNOR May 1, 2012

MADAM SPEAKER: I am directed by the Governor to return herewith: House Joint Resolution(s) No(s). 623, 713, 744, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1111, 1112, 1113, 1115, 1116, 1117, 1118, 1119, 1120, 1121, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1129, 1131, 1132, 1133, 1134, 1135, 1136, 1137, 1138, 1139 and 1140; with his approval.

HERBERT H. SLATTERY III, Counsel to the Governor

MESSAGE FROM THE GOVERNOR May 1, 2012

MADAM SPEAKER: I am directed by the Governor to return herewith: House Joint Resolution(s) No(s). 599, 667, 734, 742, 743, 844, 890, 933, 936, 988, 989, 990, 991, 992, 993, 994, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1056, 1057, 1058, 1059, 1060, 1062, 1063, 1064, 1065, 1066, 1039, 1040 and 1041; with his approval.

HERBERT H. SLATTERY III, Counsel to the Governor

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to transmit to the House, Senate Bill(s) No(s). 1738;

The Senate refused to recede from its action in nonconcurring in House Amendment(s) No(s). 1 and 2.

The Speaker appointed a Conference Committee composed of Senators: Johnson, Ketron and Tate to confer with a like committee from the House in open conference to resolve the differences between the bodies on Senate Bill(s) No(s). 1738;

RUSSELL A. HUMPHREY, Chief Clerk

5955 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to transmit to the House, Senate Bill(s) No(s). 326;

The Senate refused to recede from its action in nonconcurring in House Amendment(s) No(s). 4, 7, 8, 9, 10 and 5.

The Speaker appointed a Conference Committee composed of Senators: Beavers, Roberts and Henry to confer with a like committee from the House in open conference to resolve the differences between the bodies on Senate Bill(s) No(s). 326;

RUSSELL A. HUMPHREY, Chief Clerk

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to transmit to the House, Senate Bill(s) No(s). 1493;

The Senate refused to recede from its action in nonconcurring in House Amendment(s) No(s). 1.

The Speaker appointed a Conference Committee composed of Senators: Faulk, Yager and Marrero to confer with a like committee from the House in open conference to resolve the differences between the bodies on Senate Bill(s) No(s). 1493;

RUSSELL A. HUMPHREY, Chief Clerk

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to transmit to the House, Senate Bill(s) No(s). 1325;

The Senate refused to recede from its action in nonconcurring in House Amendment(s) No(s). 2, 3 and 5.

The Speaker appointed a Conference Committee composed of Senators: Johnson, Yager and Finney to confer with a like committee from the House in open conference to resolve the differences between the bodies on Senate Bill(s) No(s). 1325;

RUSSELL A. HUMPHREY, Chief Clerk

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to transmit to the House, Senate Joint Resolution(s) No(s). 929 and 932; adopted, for the House's action.

RUSSELL A. HUMPHREY, Chief Clerk

Senate Joint Resolution No. 929 -- Memorials, Death - Bill Lowery. by *Finney L.

5956 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Senate Joint Resolution No. 932 -- Memorials, Death - Dr. Richard Chasteen. by *Herron, Faulk, Tracy, Finney L, Yager, Kyle.

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to transmit to the House, Senate Joint Resolution(s) No(s). 893 and 927; adopted, for the House's action.

RUSSELL A. HUMPHREY, Chief Clerk

Senate Joint Resolution No. 893 -- Naming and Designating - Designates the Cumberland Ballroom of the DoubleTree Nashville Hotel the Honorary State Capitol for the 43rd General Assembly of the Tennessee Intercollegiate State Legislature. by *Overbey, *Herron, *Faulk, *Yager, *Ford.

Senate Joint Resolution No. 927 -- Memorials, Recognition - Edmund Ford, Jr. by *Ford, *Kyle.

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to transmit to the House, Senate Bill(s) No(s). 1180, 2208, 2225, 2604, 2693, 2701, 2866, 2890, 2957, 2958, 2967, 3187, 3341, 3553, 3567, 3649 and 3808; for the signature of the Speaker.

RUSSELL A. HUMPHREY, Chief Clerk

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to return to the House, House Bill(s) No(s). 182, 1376, 1572, 2278, 2387, 2389, 2506, 2513, 2548, 2566, 2641, 2776, 2812, 2844, 2854, 2962, 3051, 3062, 3093, 3270, 3276, 3365, 3373, 3381, 3429, 3517, 3727, 3808, 3858, 3867, 3870 and 3875; signed by the Speaker.

RUSSELL A. HUMPHREY, Chief Clerk

SIGNED May 1, 2012

The Speaker announced that she had signed the following: Senate Bill(s) No(s). 1180, 2208, 2225, 2604, 2693, 2701, 2866, 2890, 2957, 2958, 2967, 3187, 3341, 3553, 3567, 3649 and 3808.

5957 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to return to the House, House Bill(s) No(s). 2982; The Senate adopted the Conference Committee Report and made it the action of the Senate.

RUSSELL A. HUMPHREY, Chief Clerk

RECESS EXPIRED

The recess having expired, the House was called to order by Madam Speaker Harwell.

ROLL CALL DISPENSED WITH

On motion of Rep. McCormick, the roll call was dispensed with.

HOUSE ACTION ON SENATE MESSAGE

House Bill No. 2982 -- Judgments - As introduced, changes the standard interest rate on judgments from 10 percent to the federal reserve weekly average prime loan rate, so long as such rate does not exceed 10 percent. - Amends TCA Title 47. by *Dennis, *Hardaway. (*SB 2705 by *Kelsey)

CONFERENCE COMMITTEE REPORT ON HOUSE BILL NO. 2982

The House and Senate Conference Committee appointed pursuant to motions to resolve the differences between the two houses on House Bill No. 2982 (Senate Bill No. 2705) has met and recommends that the following amendments be deleted:

House Amendment No. 1 (Drafting No. 14165) House Amendment No. 2 (Drafting No. 16879) House Amendment No. 3 (Drafting No. 15369) Senate Amendment No. 1 (Drafting No. 16650) Senate Amendment No. 2 (Drafting No. 16872)

The Committee further recommends that the following amendment be adopted:

by deleting the language after the enacting clause and by substituting instead the following:

SECTION 1. Tennessee Code Annotated, Section 47-14-121, is amended by deleting the section in its entirety and by substituting instead the following:

47-14-121.

(a) Except as set forth in subsection (c), the interest rate on judgments per annum in all courts, including decrees, shall:

5958 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

(1) For any judgment entered between July 1 and December 31, be equal to two percent (2%) less than the formula rate per annum published by the commissioner of financial institutions, as required by § 47-14-105, for June of the same year; or

(2) For any judgment entered between January 1 and June 30, be equal to two percent (2%) less than the formula rate per annum published by the commissioner of financial institutions, as required by § 47-14-105, for December of the prior year.

(b) To assist parties and the courts in determining and applying the interest rate on judgments set forth in subsection (a) for the six-month period in which a judgment is entered, before or at the beginning of each six-month period the administrative office of the courts:

(1) Shall calculate the interest rate on judgments that shall apply for the new six-month period pursuant to subsection (a);

(2) Shall publish that rate on the administrative office of the courts’ website; and

(3) Shall maintain and publish on that website the judgment interest rates for each prior six-month period going back to the rate in effect for the six-month period beginning July 1, 2012.

(c) Notwithstanding subsection (a) or (b), where a judgment is based on a statute, note, contract, or other writing that fixes a rate of interest within the limits provided in § 47-14-103 for particular categories of creditors, lenders or transactions, the judgment shall bear interest at the rate so fixed.

SECTION 2. This act shall take effect July 1, 2012, the public welfare requiring it.

/s/ Senator Andrew Berke /s/ Representative Vance Dennis /s/ Senator Brian Kelsey /s/ Representative G.A. Hardaway /s/ Senator Jim Tracy /s/ Representative Jeremy Faison

Rep. Dennis moved that the Report of the Conference Committee on House Bill No. 2982 be adopted and made the action of the House, which motion prevailed by the following vote:

Ayes...... 70 Noes...... 12

Representatives voting aye were: Alexander, Bass, Brooks H, Brooks K, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, Dennis, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harrison, Hawk, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Niceley, Parkinson, Pitts, Pruitt, Ragan, Rich, Sanderson, Sargent, Shaw, Shepard, Shipley, Sparks, Tidwell, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Wirgau, Womick, Madam Speaker Harwell -- 70

5959 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Representatives voting no were: Armstrong, Brown, DeBerry L, Haynes, Naifeh, Pody, Powers, Richardson, Sontany, Stewart, Swann, Windle -- 12

A motion to reconsider was tabled.

HOUSE ACTION ON SENATE MESSAGE

Senate Bill No. 1738 -- Tobacco, Tobacco Products - As introduced, deletes the requirement that the commissioner of revenue disclose information to the attorney general relevant to enforcement of the Tobacco Manufacturers' Escrow Fund Act of 1999; removes authority for attorney general to disclose such information in the course of litigation. - Amends TCA Title 39; Title 43 and Title 67. by *Johnson. (*HB 1054 by *McDaniel)

CONFERENCE COMMITTEE APPOINTED ON SENATE BILL NO. 1738

Pursuant to Rule No. 73 , Rep. McDaniel acceded to the request of the Senate and moved that the Speaker appoint a Committee of the House to meet with a like Committee of the Senate to resolve the differences between the two bodies on Senate Bill No. 1738, which motion prevailed.

The Speaker appointed Representatives Sargent, Odom and McDaniel as the House members of the Conference Committee on Senate Bill No. 1738.

HOUSE ACTION ON SENATE MESSAGE

*Senate Bill No. 326 -- Health Care - As introduced, enacts the Health Care Compact. - Amends TCA Title 4; Title 33; Title 63; Title 68 and Title 71. by *Beavers, *Tracy, *Gresham, *Ramsey, *Roberts, *Kelsey, *Johnson. (HB 369 by *Pody, *White, *Shipley, *Casada, *Carr, *Williams K, *Evans, *Maggart, *Rich, *Hensley, *Ramsey, *Lollar, *Todd, *Weaver, *Keisling, *Coley, *Alexander, *Sparks, *Powers, *Ragan, *Hall, *Butt, *Niceley, *Dennis, *Hurley, *Matheny, *Sexton, *Forgety, *Hawk, *Lundberg, *McManus, *Faison, *Miller D, *Sanderson, *Eldridge, *Wirgau, *Matlock, *Elam, *Dean, *Montgomery, *Ford, *Womick, *Holt, *Marsh, *Floyd)

CONFERENCE COMMITTEE APPOINTED ON SENATE BILL NO. 326

Pursuant to Rule No. 73 , Rep. Pody acceded to the request of the Senate and moved that the Speaker appoint a Committee of the House to meet with a like Committee of the Senate to resolve the differences between the two bodies on Senate Bill No. 326, which motion prevailed.

The Speaker appointed Representatives Pody, Casada and Pitts as the House members of the Conference Committee on Senate Bill No. 326.

5960 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

HOUSE ACTION ON SENATE MESSAGE

Senate Bill No. 1493 -- Alcoholic Beverage Commission - As introduced, removes annual compensation for members of the commission; allows commission to assess costs for administrative hearings. - Amends TCA Title 57. by *Marrero. (*HB 1916 by *Turner M, *Stewart)

CONFERENCE COMMITTEE APPOINTED ON SENATE BILL NO. 1493

Pursuant to Rule No. 73 , Rep. M. Turner acceded to the request of the Senate and moved that the Speaker appoint a Committee of the House to meet with a like Committee of the Senate to resolve the differences between the two bodies on Senate Bill No. 1493, which motion prevailed.

The Speaker appointed Representatives M. Turner, McCormick and Cobb as the House members of the Conference Committee on Senate Bill No. 1493.

HOUSE ACTION ON SENATE MESSAGE

Senate Bill No. 1325 -- Immigration - As introduced, enacts the "Eligibility Verification for Entitlements Act." - Amends TCA Title 4; Title 68 and Title 71. by *Johnson, *Southerland, *Beavers, *Tracy, *Roberts, *Bell, *Campfield, *Ketron, *Ramsey. (*HB 1379 by *Carr,* Maggart, *Matheny, *Shipley, *White, *Watson, *Sexton, *Casada, *Miller D, *Floyd, *Coley, *Weaver, *Womick, *Campbell, *Sparks, *Pody, *Rich, *Hensley, *Hill, *Hurley, *Wirgau, *Ragan, *Keisling, *Gotto, *Hall, *Butt, *Todd, *Faison, *Williams R, *Forgety, *Ford, *Lollar, *Holt, *Eldridge, *Brooks H, *Swann, *Cobb, *Dean, *McManus, *Hawk, *Evans, *Powers, *Sanderson, *Matlock, *Halford, *Harrison, *Elam, *Alexander, *Brooks K, *Dennis, *Williams K, *Haynes)

CONFERENCE COMMITTEE APPOINTED ON SENATE BILL NO. 1325

Pursuant to Rule No. 73 , Rep. Carr acceded to the request of the Senate and moved that the Speaker appoint a Committee of the House to meet with a like Committee of the Senate to resolve the differences between the two bodies on Senate Bill No. 1325, which motion prevailed.

The Speaker appointed Representatives Carr, Haynes and L. Miller as the House members of the Conference Committee on Senate Bill No. 1325.

RECESS MOTION

On motion of Rep. McCormick, the House stood in a brief recess, which motion prevailed.

5961 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to transmit to the House, Senate Bill(s) No(s). 326; The Senate adopted the Conference Committee Report and made it the action of the Senate.

RUSSELL A. HUMPHREY, Chief Clerk

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to transmit to the House, Senate Bill(s) No(s). 1493; The Senate adopted the Conference Committee Report and made it the action of the Senate.

RUSSELL A. HUMPHREY, Chief Clerk

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to transmit to the House, Senate Bill(s) No(s). 1738; The Senate adopted the Conference Committee Report and made it the action of the Senate.

RUSSELL A. HUMPHREY, Chief Clerk

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to transmit to the House, Senate Bill(s) No(s). 1325; The Senate adopted the Conference Committee Report and made it the action of the Senate.

RUSSELL A. HUMPHREY, Chief Clerk

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed to return to the House, House Joint Resolution(s) No(s). 750; concurred in by the Senate.

RUSSELL A. HUMPHREY, Chief Clerk

ENROLLED BILLS May 1, 2012

MADAM SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefully compared House Resolution(s) No(s). 285; and find same correctly enrolled and ready for the signature of the Speaker.

BETTY KAY FRANCIS, Chief Engrossing Clerk

5962 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

SIGNED May 1, 2012

The Speaker announced that she had signed the following: House Resolution(s) No(s). 285.

BETTY KAY FRANCIS, Chief Engrossing Clerk

RECESS EXPIRED

The recess having expired, the House was called to order by Madam Speaker Harwell.

ROLL CALL DISPENSED WITH

On motion of Rep. McCormick, the roll call was dispensed with.

HOUSE ACTION ON SENATE MESSAGE

Senate Bill No. 1738 -- Tobacco, Tobacco Products - As introduced, deletes the requirement that the commissioner of revenue disclose information to the attorney general relevant to enforcement of the Tobacco Manufacturers' Escrow Fund Act of 1999; removes authority for attorney general to disclose such information in the course of litigation. - Amends TCA Title 39; Title 43 and Title 67. by *Johnson. (*HB 1054 by *McDaniel)

CONFERENCE COMMITTEE REPORT ON SENATE BILL NO. 1738

The Senate and House Conference Committee appointed pursuant to motions to resolve the differences between the two houses on Senate Bill No. 1738 (House Bill No. 1054) has met and recommends that all Senate and House amendments be deleted.

The Committee further recommends that the following amendment be adopted:

by deleting all language after the enacting clause and by substituting instead the following:

SECTION 1. Tennessee Code Annotated, Section 67-4-1001(2), is amended by adding the following language at the end of the subdivision:

. “Cigarette” includes any cigarette produced by a cigarette rolling machine at a retail establishment;

SECTION 2. Tennessee Code Annotated, Section 67-4-1001, is amended by adding the following language as new, appropriately designated subdivisions:

( ) “Cigarette rolling machine” means a machine at a retail establishment that enables any person to process at that establishment tobacco or any product that is made or derived from tobacco into a roll or tube. "Cigarette rolling machine" does not mean any hand-held, manually operated cigarette rolling machine, equipment, or device,

5963 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

if such machine, equipment, or device is held by the retail establishment solely for the sale to consumers for off-premises use in making cigarettes for personal consumption;

( ) “Cigarette rolling machine operator” means a person that purchases or leases for use, or controls, possesses or maintains, a cigarette rolling machine at a retail establishment that enables any person to process at that establishment tobacco or any product that is made or derived from tobacco into a roll or tube. A cigarette rolling machine operator is deemed to be a tobacco distributor for purposes of this part;

( ) “Loose tobacco” means tobacco that is not contained in rolls or tubes and that has been removed from its original packaging;

SECTION 3. Tennessee Code Annotated, Section 67-4-1006(a)(1), is amended by deleting the subdivision in its entirety and by substituting instead the following:

(1) The tax imposed by this part shall be paid by the purchase of stamps from the commissioner of such design or denomination as may be prescribed by the commissioner, except that reconciliation payments of taxes on cigarettes made by cigarette rolling machine operators shall be paid in the time and manner prescribed by § 67-4-1031.

SECTION 4. Tennessee Code Annotated, Section 67-4-1011, is amended by adding the following language as a new, appropriately designated subsection:

( ) A cigarette rolling machine operator must keep records both of tobacco sold for use in the operator's cigarette rolling machine and of any cigarettes made from such tobacco through use of the cigarette rolling machine.

SECTION 5. Tennessee Code Annotated, Section 67-4-1012(a), is amended by adding the following language at the end of the subsection:

Every cigarette rolling machine operator shall permit the commissioner or the commissioner’s authorized agent to inspect the operator's cigarette rolling machine at any time.

SECTION 6. Tennessee Code Annotated, Section 67-4-1015(c)(1), is amended by adding the following language as new, appropriately designated subdivision:

( ) Cigarette rolling machine operator — Five hundred dollars ($500) for each cigarette rolling machine purchased or leased for use, or controlled, possessed or maintained by the cigarette machine operator;

SECTION 7. Tennessee Code Annotated, Title 67, Chapter 4, Part 10, is amended by adding the following language as a new section:

67-4-1031. Reconciliation of tax on cigarettes produced by cigarette rolling machines.

A tax shall be levied on the consumer of cigarettes produced through the use of a cigarette rolling machine at the rate imposed by § 67-4-1004, except that § 67-4-1004(b) shall not apply to such cigarettes. Such tax shall be reduced by the amount of state

5964 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

excise tax paid by the cigarette rolling machine operator pursuant to § 67-4-1005 for the purchase of tobacco products used to produce such cigarettes. A cigarette rolling machine operator shall calculate the amount of tax applicable to the cigarettes produced through the use of a cigarette rolling machine and shall remit such amount to the department with the requisite tax forms.

SECTION 8. Tennessee Code Annotated, Title 67, Chapter 4, Part 10, is amended by inserting the following language as new sections:

67-4-1032. Cigarette rolling machine operators.

(a) On and after October 1, 2013, no cigarette rolling machine operator shall:

(1) Use, offer for use, or allow to be used in its cigarette rolling machines any tobacco other than roll-your-own tobacco that is currently listed on the directory maintained by the commissioner pursuant to § 67-4-2602;

(2) Possess any loose tobacco other than roll-your-own tobacco that is currently listed on the directory maintained by the commissioner pursuant to § 67-4-2602;

(3) Possess more than sixteen (16) ounces per cigarette rolling machine of loose tobacco of any brand within a directory-approved roll-your-own brand family at any given time; or

(4) Accept or allow the operator's cigarette rolling machine to be used to process cigarettes with tobacco that was not first purchased or obtained from the cigarette rolling machine operator.

(b)

(1) Any cigarette rolling machine purchased or leased for use, or controlled, possessed or maintained by a cigarette rolling machine operator must contain a secure meter that:

(A) Counts the number of cigarettes made, manufactured, or fabricated by the machine; and

(B) Cannot be altered by the cigarette rolling machine operator.

(2) Upon request by the commissioner, a cigarette rolling machine operator shall provide the information contained on the secure meter. The cigarette rolling machine operator shall maintain the information contained on the secure meter for a period of seven (7) years from the date of each transaction.

(c) In addition to or in lieu of any other civil or criminal remedy provided by law:

(1) The commissioner may revoke or suspend a license issued to a cigarette rolling machine operator under this part if the cigarette rolling machine operator has violated this section, or any rule adopted pursuant to this section, as

5965 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

provided by § 67-4-1016 and in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and

(2) For each violation of this section, or any rule adopted pursuant to this section, the commissioner may impose a civil penalty in an amount not to exceed the greater of five hundred percent (500%) of the retail value of the tobacco that is sold, offered for sale, or possessed for sale in violation of this section or five thousand dollars ($5,000). Such penalty shall be imposed in the manner provided by § 67-4-1015 and in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

(d) Any tobacco that has been sold, offered for sale, or possessed for sale by the cigarette rolling machine operator in violation of this section shall be deemed contraband and is subject to seizure and forfeiture by the commissioner as provided in § 67-4-1020 and § 67-4-1021.

(e) In lieu of the reporting requirements contained in § 67-4-2604(a), the commissioner may require, upon request, a cigarette rolling machine operator to submit any additional information as is necessary to enable the commissioner to determine whether a cigarette rolling machine operator is in compliance with this part.

67-4-1033.

(a) Prior to October 1, 2013, it is an offense for any person selling, leasing, or otherwise providing for use a cigarette rolling machine to fail to provide notice prior to the sale of the machine to the prospective purchaser, lessor, or user of such machine on a separate, written disclosure form the current status of the federal excise tax rate on tobacco products, including but not limited to pipe tobacco, and that, on and after October 1, 2013, pursuant to the provisions of this act:

(1) The products produced by the machine:

(A) Will be cigarettes for the purposes of title 67, chapter 4, part 10; and

(B) Will be taxed as provided in this act; and

(2) Only tobacco included on the directory established pursuant to § 67-4- 2602 will be permitted to be used in such machine.

(b) The department shall require an applicant for a cigarette rolling machine operator license under 67-4-1015(c)(1) to disclose whether the applicant received the notice required by subsection (a).

(c) A violation of subsection (a) is a Class A misdemeanor punishable by a fine only. Each failure to provide notice shall constitute a separate violation.

SECTION 9. On or before February 1, 2013, the commissioner of revenue shall report to the finance, ways and means committees of the senate and the house of representatives concerning cigarette rolling machine operators in this state. The report shall identify as of

5966 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

August 1, 2012, and January 15, 2013, the number of licensed cigarette rolling machine operators and the number of cigarette rolling machines in this state.

SECTION 10. This act shall take effect July 1, 2012, the public welfare requiring it, provided, however, that Section 3 and Section 7 shall take effect October 1, 2013, the public welfare requiring it.

/s/ Senator Jack Johnson /s/ Representative Steve McDaniel /s/ Senator Bill Ketron /s/ Representative Gary Odom /s/ Senator Reginald Tate /s/ Representative Charles Sargent

Rep. McDaniel moved that the Report of the Conference Committee on Senate Bill No. 1738 be adopted and made the action of the House, which motion prevailed by the following vote:

Ayes...... 67 Noes...... 13 Present and not voting...... 2

Representatives voting aye were: Armstrong, Bass, Brooks H, Brooks K, Campbell, Carr, Casada, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Eldridge, Faison, Fitzhugh, Floyd, Forgety, Gilmore, Halford, Hardaway, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson P, Jones, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Naifeh, Odom, Parkinson, Pitts, Powers, Richardson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Stewart, Swann, Tidwell, Towns, Turner J, Turner M, Watson, White, Williams R, Wirgau, Womick, Madam Speaker Harwell -- 67

Representatives voting no were: Alexander, Brown, Cobb, Elam, Evans, Gotto, Hall, Johnson C, Niceley, Pody, Weaver, Williams K, Windle -- 13

Representatives present and not voting were: Butt, Ragan -- 2

A motion to reconsider was tabled.

5967 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

HOUSE ACTION ON SENATE MESSAGE

Senate Bill No. 1325 -- Immigration - As introduced, enacts the "Eligibility Verification for Entitlements Act." - Amends TCA Title 4; Title 68 and Title 71. by *Johnson, *Southerland, *Beavers, *Tracy, *Roberts, *Bell, *Campfield, *Ketron, *Ramsey. (*HB 1379 by *Carr,* Maggart, *Matheny, *Shipley, *White, *Watson, *Sexton, *Casada, *Miller D, *Floyd, *Coley, *Weaver, *Womick, *Campbell, *Sparks, *Pody, *Rich, *Hensley, *Hill, *Hurley, *Wirgau, *Ragan, *Keisling, *Gotto, *Hall, *Butt, *Todd, *Faison, *Williams R, *Forgety, *Ford, *Lollar, *Holt, *Eldridge, *Brooks H, *Swann, *Cobb, *Dean, *McManus, *Hawk, *Evans, *Powers, *Sanderson, *Matlock, *Halford, *Harrison, *Elam, *Alexander, *Brooks K, *Dennis, *Williams K, *Haynes)

CONFERENCE COMMITTEE REPORT ON SENATE BILL NO. 1325

The Senate and House Conference Committee appointed pursuant to motions to resolve the differences between the two houses on Senate Bill No. 1325 (House Bill No. 1379) has met and recommends that all Senate and House amendments be deleted.

The Committee further recommends that the following amendment be adopted:

by deleting all language after the enacting clause and by substituting instead the following:

SECTION 1. Tennessee Code Annotated, Title 4, is amended by adding the following language as a new, appropriately designated chapter:

4-57-101 . This chapter shall be known and may be cited as the "Eligibility Verification for Entitlements Act".

4-57-102 . As used in this chapter:

(1) “Federal public benefit”:

(A) Has the same meaning as provided in 8 U.S.C. § 1611; and

(B) Does not mean a benefit listed in 8 U.S.C. § 1611(b);

(2) "Political subdivision" means any local governmental entity, including, but not limited to, any municipality, metropolitan government, county, utility district, school district, public building authority, and development district created and existing pursuant to the laws of this state, or any instrumentality of government created by any one (1) or more of the named local governmental entities;

(3) “SAVE program" means the systematic alien verification for entitlements program created pursuant to the federal Immigration Reform and Control Act of 1986 and operated by the United States department of homeland security, or any successor program thereto;

(4) "State governmental entity":

5968 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

(A) Means a state agency, department, board, commission, and other body which carries out state functions and programs; and

(B) Does not mean a political subdivision; and

(5) “State or local public benefit”:

(A) Means any public benefit as defined in 8 U.S.C. § 1621, that is provided or administered by a state governmental entity or a local health department; and

(B) Does not mean a benefit listed in 8 U.S.C. § 1621(b).

4-57-103 .

(a) Except where prohibited by federal law, every state governmental entity and local health department shall verify that each applicant eighteen (18) years of age or older, who applies for a federal, state or local public benefit from the entity or local health department, is a United States citizen or lawfully present in the United States in the manner provided in this chapter.

(b)

(1) As provided in subdivision (b)(2), every state governmental entity or local health department shall include on all forms, electronic or otherwise, and all automated phone systems, a written or verbal statement:

(A) Requiring an applicant for a federal, state or local public benefit to, under penalty of perjury, attest to the applicant's status as either:

(i) A United States citizen; or

(ii) A qualified alien as defined by 8 U.S.C. § 1641(b); and

(B) Describing the penalties for violations of this chapter.

(2) Subdivision (b)(1) shall be implemented upon the entity's or local health department's first reprinting of applicable forms or updating of the electronic or automated phone systems, described in subdivision (b)(1), after the effective date of this act.

(c) For an applicant who claims United States citizenship, the entity or local health department shall make every reasonable effort to ascertain verification of the applicant's citizenship, which may include requesting the applicant to present any one (1) of the following:

(1)

5969 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

(A) A valid Tennessee driver license or photo identification license issued by the department of safety; or

(B) A valid driver license or photo identification license from another state where the issuance requirements are at least as strict as those in Tennessee, as determined by the department of safety;

(2) An official birth certificate issued by a U.S. state, jurisdiction or territory, including Puerto Rico, U.S. Virgin Islands, Northern Mariana Islands, American Samoa, Swains Island, Guam; provided, that Puerto Rican birth certificates issued before July 1, 2010, shall not be recognized under this subdivision (c)(2);

(3) A U.S. government-issued certified birth certificate;

(4) A valid, unexpired U.S. passport;

(5) A U.S. certificate of birth abroad (DS-1350 or FS-545);

(6) A report of birth abroad of a citizen of the U.S. (FS-240);

(7) A certificate of citizenship (N560 or N561);

(8) A certificate of naturalization (N550, N570 or N578);

(9) A U.S. citizen identification card (I-197, I-179);

(10) Any successor document of subdivisions (c)(4)-(9); or

(11) A social security number that the entity or local health department may verify with the social security administration in accordance with federal law.

(d)

(1) For an applicant who claims qualified alien status, the applicant shall present two (2) forms of documentation of identity and immigration status, as determined by the United States department of homeland security to be acceptable for verification through the SAVE program; provided, no entity or local health department is required to verify such applicant's documents through the SAVE program if two (2) such documents are presented unless otherwise required by federal law.

(2) If an applicant who claims eligibility as a qualified alien is unable to present two (2) forms of documentation as described in subdivision (d)(1), then the applicant shall present at least one (1) such document that the entity or local health department shall then verify through the SAVE program.

5970 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

(e) Each state governmental entity or local health department shall maintain a copy of all documentation submitted by an applicant for verification in a manner consistent with the entity's or local health department's rules, regulations or policies governing storage or preservation of such documentation.

(f)

(1) Any document submitted pursuant to subsections (c) or (d) shall be presumed to be proof of an individual’s eligibility under this chapter until a final verification is received by the state governmental entity or local health department, and no entity or local health department shall delay the distribution of any federal, state or local benefit based solely on the pendency of final verification.

(2) Upon receipt of a final verification that indicates that the applicant is not a United States citizen or qualified alien, the state governmental entity or local health department shall terminate any recurring benefit, and shall pursue any action applicable against the applicant pursuant to § 4-57-104 or § 4-57-105.

(g) The verification process required by this section shall be enforced without regard to race, religion, gender, ethnicity or national origin.

4-57-104 .

(a) Any natural person eighteen (18) years of age or older who knowingly and willfully makes a false, fictitious or fraudulent statement or representation under this chapter shall be liable under either:

(1) The Tennessee Medicaid False Claims Act, compiled in §§ 71- 5-181—71-5-185; or

(2) The False Claims Act, compiled in chapter 18 of this title.

(b) Any natural person who conspires to defraud the state or any local health department by securing a false claim allowed or paid to another person in violation of this chapter shall be liable under § 4-18-103(a)(3).

(c) A state governmental entity or local health department shall file, with the attorney general and reporter of this state, a complaint alleging a violation of subsections (a) or (b), as applicable.

(d) Any moneys collected pursuant to this section shall be deposited with and utilized by the applicable entity or local health department that filed a complaint pursuant to subsection (c). The applicable entity or local health department shall establish a fund for the deposit of such moneys, and shall use such moneys for the sole purpose of enforcing this chapter. Any interest accruing on investments and deposits of the fund shall be credited to such fund, shall not revert to any general fund, and shall be carried forward into each subsequent fiscal year.

5971 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

4-57-105 . A state governmental entity or local health department shall file, with the United States attorney, a complaint alleging a criminal violation of 18 U.S.C. § 911, for each person who willfully makes a false, fictitious or fraudulent statement or representation of United States citizenship.

4-57-106 .

(a) No state governmental entity or local health department shall provide or offer to provide any federal, state or local public benefit in violation of this chapter.

(b) Each entity and local health department, subject to this chapter, shall include in any annual report to the general assembly, as required by law, a report of its compliance with this chapter through June 30 of each year.

4-57-107 . Unless otherwise provided by federal law, no state governmental entity or local health department shall be prohibited, or in any way restricted, from sending to or receiving from the immigration and naturalization service information regarding the immigration status, lawful or unlawful, of an alien in the United States.

4-57-108 . This chapter shall be interpreted consistently with all federal laws, including but not limited to federal laws regulating immigration, labor, and medicaid, and all state laws.

4-57-109 .

(a) Nothing in this chapter shall be interpreted as limiting a state governmental entity or local health department regarding its current application process for administering a federal, state or local public benefit, including but not limited to, requesting additional information from the applicant or requiring additional verification of eligibility.

(b) The state shall defray the cost to a local health department of verifying each applicant's status for a benefit.

4-57-110 . This chapter shall not apply to:

(1) Any person applying for benefits who:

(A) Lacks the mental capacity to commit perjury under oath; and

(B) Has not been judicially appointed a guardian or conservator;

(2) Legal services provided by a district public defender, court-appointed counsel, or other counsel for indigent services;

(3) Prenatal care administered by the department of health; or

(4) The Special Supplemental Food Program for Women, Infants and Children administered by the department of health.

5972 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

SECTION 2. Tennessee Code Annotated, Section 4-18-103(d), is amended by deleting the subsection in its entirety and by substituting instead the following language:

(d) This section does not apply to any controversy involving an amount of less than five hundred dollars ($500) in value, unless the controversy arose from a violation of chapter 57, part 1 of this title. For purposes of this subsection (d), “controversy” means any one (1) or more false claims submitted by the same person in violation of this chapter.

SECTION 3. All affected state governmental entities are authorized to promulgate rules and regulations to effectuate the purposes of this act. All rules and regulations promulgated by a state governmental entity shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

SECTION 4. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.

SECTION 5. For purposes of promulgating rules and regulations, this act shall take effect upon becoming a law, the public welfare requiring it. For all other purposes, this act shall take effect October 1, 2012, the public welfare requiring it, and shall apply to all applications for benefits submitted to state governmental entities or local health departments on or after October 1, 2012.

/s/ Senator Lowe Finney /s/ Representative Joe Carr /s/ Senator Jack Johnson /s/ Representative Ryan Haynes /s/ Senator Ken Yager /s/ Representative Larry Miller

Rep. Carr moved that the Report of the Conference Committee on Senate Bill No. 1325 be adopted and made the action of the House, which motion prevailed by the following vote:

Ayes...... 64 Noes...... 18

Representatives voting aye were: Alexander, Bass, Brooks H, Brooks K, Butt, Campbell, Carr, Casada, Cobb, Coley, Curtiss, Dean, Dennis, Elam, Eldridge, Evans, Faison, Floyd, Forgety, Gilmore, Gotto, Halford, Hall, Harrison, Hawk, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Keisling, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Niceley, Pody, Powers, Pruitt, Ragan, Sargent, Sexton, Shepard, Shipley, Sparks, Swann, Tidwell, Turner J, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 64

Representatives voting no were: Armstrong, Brown, DeBerry L, Fitzhugh, Hardaway, Jones, Kernell, Miller L, Naifeh, Odom, Parkinson, Pitts, Richardson, Shaw, Sontany, Stewart, Towns, Turner M -- 18

A motion to reconsider was tabled.

5973 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

REQUEST TO CHANGE VOTE

Pursuant to Rule No. 31 , the following member(s) desire to change their original stand from “aye” to “no” on the Conference Committee Report on Senate Bill No. 1325 and have this statement entered in the Journal: Rep(s). Gilmore.

RECESS MOTION

On motion of Rep. McCormick, the House stood in a brief recess, which motion prevailed.

MESSAGE FROM THE SENATE May 1, 2012

MADAM SPEAKER: I am directed by the Senate to notify the House that the Senate has completed its business and is ready to adjourn sine die in accordance with Senate Joint Resolution(s) No(s). 930.

RUSSELL A. HUMPHREY, Chief Clerk

RECESS EXPIRED

The recess having expired, the House was called to order by Madam Speaker Harwell.

ROLL CALL DISPENSED WITH

On motion of Rep. McCormick, the roll call was dispensed with.

Rep. Carr requested that the following statement be spread in the House Journal:

STATEMENT PROVIDED BY REPRESENTATIVE CARR ON SENATE BILL NO. 1325

For the purpose of accomplishing this act, HB 1379, a public post-secondary institution shall not have to verify those through the SAVE program:

A) who has submitted a free application for the Federal Student Aid (FAFSA),

B) not qualifying for admission or that will not be offered admission to the college or university, or

C) providing some form of valid official identification authorized or issued by the U.S. State Department.

5974 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

All these provisions are consistent with the bill that we received from the Conference Report.

Thank you Madam Speaker.

SENATE READY TO ADJOURN

Senators Watson, Tracy and Herron notified the House that the Senate had completed its business and was ready to adjourn, sine die.

HOUSE ACTION ON SENATE MESSAGE

*Senate Bill No. 326 -- Health Care - As introduced, enacts the Health Care Compact. - Amends TCA Title 4; Title 33; Title 63; Title 68 and Title 71. by *Beavers, *Tracy, *Gresham, *Ramsey, *Roberts, *Kelsey, *Johnson. (HB 369 by *Pody, *White, *Shipley, *Casada, *Carr, *Williams K, *Evans, *Maggart, *Rich, *Hensley, *Ramsey, *Lollar, *Todd, *Weaver, *Keisling, *Coley, *Alexander, *Sparks, *Powers, *Ragan, *Hall, *Butt, *Niceley, *Dennis, *Hurley, *Matheny, *Sexton, *Forgety, *Hawk, *Lundberg, *McManus, *Faison, *Miller D, *Sanderson, *Eldridge, *Wirgau, *Matlock, *Elam, *Dean, *Montgomery, *Ford, *Womick, *Holt, *Marsh, *Floyd)

CONFERENCE COMMITTEE REPORT ON SENATE BILL NO. 326

The House and Senate Conference Committee appointed pursuant to motions to resolve the differences between the two houses on Senate Bill No. 326 (House Bill No. 329) has met and recommends that the following amendments be deleted:

Senate Amendments No. 1, 2, 3, 4, and House Amendments No. 4, 5, 7, 8, 9, 10.

The Committee further recommends that the following amendment be adopted:

House Amendment No. 2.

/s/ Senator Mae Beavers /s/ Representative Mark Pody /s/ Senator Kerry Roberts /s/ Representative Glen Casada /s/ Senator Douglas Henry

Rep. Pody moved that the Report of the Conference Committee on Senate Bill No. 326 be adopted and made the action of the House.

Rep. Dean moved the previous question, which motion failed by the following vote:

Ayes...... 51 Noes...... 30

Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Campbell, Carr, Casada, Cobb, Coley, Dean, Dennis, Elam, Eldridge, Evans, Faison, Floyd, Forgety, Gotto, Halford, Hall, Harrison, Hawk, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Keisling,

5975 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Lollar, Maggart, Marsh, Matheny, McCormick, McDaniel, McManus, Miller D, Niceley, Pody, Powers, Ragan, Sargent, Sexton, Shipley, Sparks, Weaver, White, Williams R, Wirgau, Womick, Madam Speaker Harwell -- 51

Representatives voting no were: Armstrong, Bass, Brown, Curtiss, DeBerry J, DeBerry L, Fitzhugh, Gilmore, Hardaway, Harmon, Jones, Kernell, McDonald, Miller L, Naifeh, Odom, Parkinson, Pitts, Pruitt, Richardson, Shaw, Shepard, Sontany, Stewart, Swann, Tidwell, Towns, Turner J, Turner M, Windle -- 30

After further discussion, Rep. Fitzhugh moved the previous question, which motion prevailed by the following vote:

Ayes...... 60 Noes...... 13 Present and not voting...... 2

Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Campbell, Carr, Casada, Coley, Curtiss, Dean, DeBerry L, Dennis, Elam, Eldridge, Evans, Faison, Fitzhugh, Floyd, Forgety, Gotto, Halford, Hall, Hawk, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones, Keisling, Lollar, Maggart, Marsh, Matheny, McCormick, McDaniel, McManus, Miller D, Miller L, Naifeh, Niceley, Odom, Pitts, Pody, Powers, Pruitt, Ragan, Richardson, Sexton, Shaw, Shipley, Sontany, Sparks, Weaver, White, Williams R, Wirgau, Womick, Madam Speaker Harwell -- 60

Representatives voting no were: Brown, DeBerry J, Gilmore, Hardaway, McDonald, Parkinson, Shepard, Stewart, Tidwell, Towns, Turner J, Turner M, Windle -- 13

Representatives present and not voting were: Bass, Kernell -- 2

Rep. Pody moved that the Report of the Conference Committee on Senate Bill No. 326 be adopted and made the action of the House, which motion failed by the following vote:

Ayes...... 45 Noes...... 26 Present and not voting...... 4

Representatives voting aye were: Alexander, Brooks K, Butt, Campbell, Carr, Casada, Cobb, Coley, Dean, Dennis, Elam, Evans, Faison, Floyd, Forgety, Gotto, Halford, Hall, Hensley, Hill, Holt, Hurley, Johnson C, Keisling, Lollar, Maggart, Marsh, Matheny, McCormick, McManus, Miller D, Niceley, Pody, Powers, Ragan, Sexton, Shipley, Sparks, Swann, Weaver, White, Williams R, Wirgau, Womick, Madam Speaker Harwell -- 45

Representatives voting no were: Armstrong, Brown, Curtiss, DeBerry J, DeBerry L, Fitzhugh, Gilmore, Hardaway, Jones, Kernell, McDonald, Miller L, Naifeh, Odom, Parkinson, Pitts, Pruitt, Richardson, Shaw, Shepard, Sontany, Stewart, Tidwell, Turner J, Turner M, Windle -- 26

Representatives present and not voting were: Bass, Eldridge, Johnson P, McDaniel -- 4

5976 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

HOUSE ACTION ON SENATE MESSAGE

Senate Bill No. 1493 -- Alcoholic Beverage Commission - As introduced, removes annual compensation for members of the commission; allows commission to assess costs for administrative hearings. - Amends TCA Title 57. by *Marrero. (*HB 1916 by *Turner M, *Stewart)

CONFERENCE COMMITTEE REPORT ON SENATE BILL NO. 1493

The House and Senate Conference Committee appointed pursuant to motions to resolve the differences between the two houses on House Bill No. 1916 (Senate Bill No. 1493) has met and recommends that the following amendments be deleted: House Amendment No. 1 and Senate Amendment No. 1

The Committee further recommends that the following amendment be adopted: by deleting all language following the enacting clause and by substituting instead the following language:

SECTION 1. Tennessee Code Annotated, Title 57, Chapter 1, Part 2, is amended by adding the following as a new section thereto:

57-1-213.

(a) Notwithstanding any other law to the contrary, the alcoholic beverage commission may assess the actual and reasonable costs of any hearing held in accordance with the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, and in which sanctions of any kind are imposed on any person or entity required to be licensed, permitted, registered or otherwise authorized by the commission. These costs may include, but are not limited to, those incurred and assessed for the time of the prosecuting attorneys, investigators, expert witnesses, administrative judges and any other persons involved in the investigation, prosecution and hearing of the action.

(b) The commissioner shall promulgate rules and regulations establishing a schedule of costs that may be assessed pursuant to this section. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

(c)

(1) All costs assessed pursuant to this section shall become final thirty (30) days after the date a final order of assessment is served.

(2) If the individual or entity disciplined fails to pay an assessment when it becomes final, the commission may apply to the appropriate court for a judgment and seek execution of the judgment.

(3) Jurisdiction for recovery of the costs shall be in the chancery court of Davidson County.

5977 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

SECTION 2. Tennessee Code Annotated, Section 57-3-704, is amended by deleting subdivisions (1) and (2) in their entirety and by substituting instead the following language:

(1) Other than for a crime described in subdivision (2), the applicant has not been convicted of a felony within the previous four (4) years;

(2)

(A) The applicant has not been convicted of any crime relating to alcoholic beverages and beer, other than related to the sale of such beverages as provided in subdivision (B), schedules 1 and 2 controlled substances or any sex-related crime or embezzlement within the previous eight (8) years; or

(B)

(i) Except as provided in subdivision (ii), the applicant has not been convicted of any crime relating to the sale of alcoholic beverages or beer occurring within eight (8) years prior to the date of the application.

(ii) If an applicant is charged with any crime described under subdivision (2)(B) as a first offense and the applicant is placed on judicial diversion, the applicant may be issued a server permit upon successful completion of the judicial diversion.

SECTION 3. This act shall take effect upon becoming a law, the public welfare requiring it.

/s/ Senator Beverly Marrero /s/ Representative Mike Turner /s/ Senator Ken Yager /s/ Representative Gerald McCormick /s/ Senator Mike Faulk /s/ Representative Jim Cobb

Rep. M. Turner moved that the Report of the Conference Committee on Senate Bill No. 1493 be adopted and made the action of the House, which motion prevailed by the following vote:

Ayes...... 62 Noes...... 4 Present and not voting...... 1

Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Campbell, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Elam, Eldridge, Faison, Fitzhugh, Forgety, Gilmore, Gotto, Halford, Hardaway, Harrison, Hawk, Hensley, Hill, Holt, Hurley, Johnson P, Keisling, Kernell, Maggart, Marsh, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Naifeh, Niceley, Parkinson, Pruitt, Ragan, Richardson, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Swann, Tidwell, Towns, Turner J, Turner M, Weaver, White, Williams R, Windle, Wirgau, Madam Speaker Harwell -- 62

Representatives voting no were: Carr, Dennis, Evans, Lollar -- 4

5978 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Representatives present and not voting were: Powers -- 1

A motion to reconsider was tabled.

REQUEST TO CHANGE VOTE

Pursuant to Rule No. 31 , the following member(s) desire to change their original stand from “not voting” to “aye” on the previous question on the Conference Committee Report on Senate Bill No. 326 and have this statement entered in the Journal: Rep(s). Cobb.

Pursuant to Rule No. 31 , the following member(s) desire to change their original stand from “aye” to “no” on the Conference Committee Report on Senate Bill No. 326 and have this statement entered in the Journal: Rep(s). Holt.

Pursuant to Rule No. 31 , the following member(s) desire to change their original stand from “aye” to “no” on the Conference Committee Report on Senate Bill No. 1493 and have this statement entered in the Journal: Rep(s). Holt.

RULES SUSPENDED

Rep. McCormick moved that the rules be suspended for the immediate consideration of Senate Joint Resolution No. 930 out of order, which motion prevailed.

*Senate Joint Resolution No. 930 -- General Assembly, Adjournment - Provides for adjournment sine die of the 107th General Assembly at close of business on May 1, 2012. by *Norris.

On motion of Rep. McCormick, the resolution was concurred in.

A motion to reconsider was tabled.

SELECT COMMITTEE APPOINTMENTS

Representative McCormick moved that the Speaker appoint a committee to notify the Senate that the House has completed its business for this session and is ready to adjourn, sine die. The Speaker appointed the following: Representatives Niceley, Hensley, Moore, Bass and Sontany, with Representative Niceley serving as Chair.

Representative McCormick moved that the Speaker appoint a committee to notify the Governor that the House has completed its business for this session and is ready to adjourn, sine die. The Speaker appointed the following: Representatives Naifeh, Harmon, McDonald Campbell and Phillip Johnson, with Representative Naifeh serving as Chair.

Thereupon, the House stood in a brief recess pending return of the select committees from their respective tasks.

5979 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

REPORTS OF SELECT COMMITTEE

Rep. Naifeh advised the House that the Governor had been notified that the House has completed its business for this session and is ready to adjourn, sine die.

Rep Niceley advised the House that the Senate had been notified that the House has completed its business for this session and is ready to adjourn, sine die.

The reports were accepted by Speaker Harwell.

JOURNAL APPROVED

On motion of Rep. McCormick, the Journal of the House of Representatives and the proceedings thereof were approved from the Fortieth through the Eighty-Fourth Legislative Days of the Second Regular Session.

MOTION TO ADJOURN

Rep. McCormick moved that pursuant to Senate Joint Resolution No. 930, the House of Representatives of the 107 th General Assembly adjourn, sine die.

SINE DIE ADJOURNMENT

Thereupon, in accordance with Senate Joint Resolution No. 930, Madam Speaker Harwell declared the House of Representatives of the 107 th General Assembly adjourned sine die.

Beth Harwell, Speaker House of Representatives

ATTEST:

JOE McCORD, Chief Clerk, House of Representatives

5980 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

ARTICLE III, SECTION 18 CONSTITUTION OF TENNESSEE

Pursuant to Article III, Section 18, of the Constitution of the State of Tennessee, all bills presented to the Governor on or after the sine die adjournment of the One Hundred Seventh General Assembly, will be filed by him, subject to his final action, with the Office of the Secretary of State.

BILLS AND RESOLUTIONS ENROLLED, SIGNED AND TRANSMITTED TO THE GOVERNOR SUBSEQUENT TO SINE DIE ADJOURNMENT

Appendix of House Bills and Resolutions presented to the Speaker of the House of Representatives and the Speaker of the Senate for their signatures, and appendix of the House Bills and House Joint Resolutions presented to the Governor, with his action, as recorded in the Office of the Secretary of State.

REPORT OF CHIEF ENGROSSING CLERK May 2, 2012

MADAM SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have transmitted to the Governor the following: House Bill(s) No(s). 182, 1376, 1572, 2387, 2389, 2506, 2513, 2548, 2566, 2641, 2776, 2812, 2844, 2854, 2962, 3051, 3062, 3093, 3270, 3276, 3365, 3373, 3381, 3429, 3517, 3727, 3808, 3858, 3867, 3870 and 3875; for his action.

BETTY KAY FRANCIS, Chief Engrossing Clerk

ENROLLED BILLS May 2, 2012

MADAM SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefully compared House Bill(s) No(s). 1105; and find same correctly enrolled and ready for the signatures of the Speakers.

BETTY KAY FRANCIS, Chief Engrossing Clerk

ENROLLED BILLS May 2, 2012

MADAM SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefully compared House Joint Resolution(s) No(s). 750, 791, 816, 863, 870, 872, 960, 980, 1017, 1055, 1061, 1093, 1141, 1142, 1143, 1144, 1145, 1146, 1147, 1148, 1150, 1151, 1153, 1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1177, 1178, 1179, 1180 and 1181; and find same correctly enrolled and ready for the signatures of the Speakers.

BETTY KAY FRANCIS, Chief Engrossing Clerk

5981 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

SIGNED May 2, 2012

The Speaker announced that she had signed the following: House Joint Resolution(s) No(s). 750, 791, 816, 863, 870, 872, 960, 980, 1017, 1055, 1061, 1093, 1141, 1142, 1143, 1144, 1145, 1146, 1147, 1148, 1150, 1151, 1153, 1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1177, 1178, 1179, 1180 and 1181.

BETTY KAY FRANCIS, Chief Engrossing Clerk

MESSAGE FROM THE SENATE May 2, 2012

MADAM SPEAKER: I am directed to return to the House, House Joint Resolution(s) No(s). 750, 791, 816, 863, 870, 872, 960, 980, 1017, 1055, 1061, 1093, 1141, 1142, 1143, 1144, 1145, 1146, 1147, 1148, 1150, 1151, 1153, 1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1177, 1178, 1179, 1180 and 1181; signed by the Speaker.

RUSSELL A. HUMPHREY, Chief Clerk

REPORT OF CHIEF ENGROSSING CLERK May 2, 2012

MADAM SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have transmitted to the Governor the following: House Joint Resolution(s) No(s). 750, 791, 816, 863, 870, 872, 960, 980, 1017, 1055, 1061, 1093, 1141, 1142, 1143, 1144, 1145, 1146, 1147, 1148, 1150, 1151, 1153, 1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1177, 1178, 1179, 1180 and 1181; for his action.

BETTY KAY FRANCIS, Chief Engrossing Clerk

MESSAGE FROM THE GOVERNOR May 2, 2012

MADAM SPEAKER: I am directed by the Governor to return herewith: House Joint Resolution(s) 750, 791, 816, 863, 870, 872, 960, 980, 1017, 1055, 1061, 1093, 1141, 1142, 1143, 1144, 1145, 1146, 1147, 1148, 1150, 1151, 1153, 1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1177, 1178, 1179, 1180 and 1181; with his approval.

HERBERT H. SLATTERY III, Counsel to the Governor

5982 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

ENROLLED BILLS May 3, 2012

MADAM SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefully compared House Bill(s) No(s). 651, 991, 1013, 1075, 1171, 2114, 2174, 2344, 2383, 2633, 2749, 2774, 2847, 2982, 2994, 3119, 3124, 3208, 3218, 3263, 3431, 3459, 3604, 3659, 3665, 3671, 3673, 3760, 3761, 3836, 3837, 3839, 3851, 3877, 3881, 3882, 3884, 3886 and 3887; and find same correctly enrolled and ready for the signatures of the Speakers.

BETTY KAY FRANCIS, Chief Engrossing Clerk

SIGNED May 3, 2012

The Speaker announced that she had signed the following: House Bill(s) No(s). 651, 991, 1013, 1075, 1171, 2114, 2174, 2344, 2383, 2633, 2749, 2774, 2847, 2982, 2994, 3119, 3124, 3208, 3218, 3263, 3431, 3459, 3604, 3659, 3665, 3671, 3673, 3760, 3761, 3836, 3837, 3839, 3851, 3877, 3881, 3882, 3884, 3886 and 3887.

BETTY KAY FRANCIS, Chief Engrossing Clerk

SIGNED May 3, 2012

The Speaker announced that she had signed the following: House Bill(s) No(s). 1105.

BETTY KAY FRANCIS, Chief Engrossing Clerk

MESSAGE FROM THE SENATE May 3, 2012

MADAM SPEAKER: I am directed to return to the House, House Bill(s) No(s). 1105; signed by the Speaker.

RUSSELL A. HUMPHREY, Chief Clerk

REPORT OF CHIEF ENGROSSING CLERK May 3, 2012

MADAM SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have transmitted to the Governor the following: House Bill(s) No(s). 1105; for his action.

BETTY KAY FRANCIS, Chief Engrossing Clerk

MESSAGE FROM THE SENATE May 3, 2012

MADAM SPEAKER: I am directed to return to the House, House Joint Resolution(s) No(s). 807 and 1154; signed by the Speaker.

RUSSELL A. HUMPHREY, Chief Clerk

5983 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

REPORT OF CHIEF ENGROSSING CLERK May 3, 2012

MADAM SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have transmitted to the Governor the following: House Joint Resolution(s) No(s). 807 and 1154; for his action.

BETTY KAY FRANCIS, Chief Engrossing Clerk

MESSAGE FROM THE GOVERNOR May 3, 2012

MADAM SPEAKER: I am directed by the Governor to return herewith: House Joint Resolution(s) No(s). 807 and 1154; with his approval.

HERBERT H. SLATTERY III, Counsel to the Governor

MESSAGE FROM THE SENATE May 4, 2012

MADAM SPEAKER: I am directed to transmit to the House, Senate Joint Resolution(s) No(s). 878 and 930; for the signature of the Speaker.

RUSSELL A. HUMPHREY, Chief Clerk

SIGNED May 4, 2012

The Speaker announced that she had signed the following: Senate Joint Resolution(s) No(s). 878 and 930.

MESSAGE FROM THE SENATE May 7, 2012

MADAM SPEAKER: I am directed to transmit to the House, Senate Joint Resolution(s) No(s). 526, 870, 871, 873, 874, 875, 876, 877, 879, 880, 881, 882, 883, 884, 885, 887, 888, 889, 890, 891, 894, 895, 896, 897, 898, 899, 900, 901, 902, 903, 904, 906, 908, 909, 910, 912, 913, 915, 916, 917, 918, 921, 922, 925, 926 and 928; for the signature of the Speaker.

RUSSELL A. HUMPHREY, Chief Clerk

SIGNED May 7, 2012

The Speaker announced that she had signed the following: Senate Joint Resolution(s) No(s). 526, 870, 871, 873, 874, 875, 876, 877, 879, 880, 881, 882, 883, 884, 885, 887, 888, 889, 890, 891, 894, 895, 896, 897, 898, 899, 900, 901, 902, 903, 904, 906, 908, 909, 910, 912, 913, 915, 916, 917, 918, 921, 922, 925, 926 and 928.

5984 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

ENROLLED BILLS May 8, 2012

MADAM SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefully compared House Bill(s) No(s). 3835; and find same correctly enrolled and ready for the signatures of the Speakers.

BETTY KAY FRANCIS, Chief Engrossing Clerk

REPORT OF CHIEF ENGROSSING CLERK May 8, 2012

MADAM SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have transmitted to the Governor the following: House Bill(s) No(s). 2278; for his action.

BETTY KAY FRANCIS, Chief Engrossing Clerk

MESSAGE FROM THE SENATE May 9, 2012

MADAM SPEAKER: I am directed to transmit to the House, Senate Bill(s) No(s). 239, 420, 1325, 1329, 1493, 1504, 1688, 1738, 1878, 2129, 2212, 2247, 2267, 2302, 2349, 2368, 2371, 2438, 2484, 2560, 2580, 2606, 2633, 2699, 2735, 2759, 2777, 2816, 2863, 2886, 2923, 2943, 3005, 3092, 3106, 3145, 3155, 3170, 3247, 3264, 3270, 3315, 3350, 3507, 3520, 3545, 3547, 3597, 3647, 3657, 3742, 3813 and 3815; for the signature of the Speaker.

RUSSELL A. HUMPHREY, Chief Clerk

SIGNED May 9, 2012

The Speaker announced that she had signed the following: Senate Bill(s) No(s). 239, 420, 1325, 1329, 1493, 1504, 1688, 1738, 1878, 2129, 2212, 2247, 2267, 2302, 2349, 2368, 2371, 2438, 2484, 2560, 2580, 2606, 2633, 2699, 2735, 2759, 2777, 2816, 2863, 2886, 2923, 2943, 3005, 3092, 3106, 3145, 3155, 3170, 3247, 3264, 3270, 3315, 3350, 3507, 3520, 3545, 3547, 3597, 3647, 3657, 3742, 3813 and 3815.

SIGNED May 9, 2012

The Speaker announced that she had signed the following: House Bill(s) No(s). 3835.

BETTY KAY FRANCIS, Chief Engrossing Clerk

5985 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

MESSAGE FROM THE SENATE May 9, 2012

MADAM SPEAKER: I am directed to return to the House, House Bill(s) No(s). 651, 991, 1013, 1075, 1171, 2114, 2174, 2344, 2383, 2633, 2749, 2774, 2847, 2982, 2994, 3119, 3124, 3208, 3218, 3263, 3431, 3459, 3604, 3659, 3665, 3671, 3673, 3760, 3761, 3836, 3837, 3839, 3851, 3877, 3881, 3882, 3884, 3886 and 3887; signed by the Speaker.

RUSSELL A. HUMPHREY, Chief Clerk

REPORT OF CHIEF ENGROSSING CLERK May 9, 2012

MADAM SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have transmitted to the Governor the following: House Bill(s) No(s). 651, 991, 1013, 1075, 1171, 2114, 2174, 2344, 2383, 2633, 2749, 2774, 2847, 2982, 2994, 3119, 3124, 3208, 3218, 3263, 3431, 3459, 3604, 3659, 3665, 3671, 3673, 3760, 3761, 3836, 3837, 3839, 3851, 3877, 3881, 3882, 3884, 3886 and 3887; for his action.

BETTY KAY FRANCIS, Chief Engrossing Clerk

MESSAGE FROM THE SENATE May 9, 2012

MADAM SPEAKER: I am directed to return to the House, House Bill(s) No(s). 3835; signed by the Speaker.

RUSSELL A. HUMPHREY, Chief Clerk

REPORT OF CHIEF ENGROSSING CLERK May 9, 2012

MADAM SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have transmitted to the Governor the following: House Bill(s) No(s). 3835; for his action.

BETTY KAY FRANCIS, Chief Engrossing Clerk

MESSAGE FROM THE GOVERNOR May 9, 2012

MR. SECRETARY OF STATE: I am directed by the Governor to return herewith: House Joint Resolution(s) No(s). 587; without his signature.

HERBERT H. SLATTERY III, Counsel to the Governor

5986 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

MESSAGE FROM THE GOVERNOR May 9, 2012

MR. SECRETARY OF STATE: I am directed by the Governor to return herewith: House Bill(s) No(s). 1105, 3429, 1069, 2161, 2222, 2403, 2459, 2537, 2620, 2650, 2671, 2744, 2750, 2752, 2823, 2859, 2890, 2895, 2913, 3237, 3257, 3274, 3283, 3398 and 3633; with his approval.

HERBERT H. SLATTERY III, Counsel to the Governor

MESSAGE FROM THE GOVERNOR May 10, 2012

MR. SECRETARY OF STATE: I am directed by the Governor to return herewith: House Bill(s) No(s). 182, 1376, 1572, 2387, 2389, 2506, 2513, 2548, 2566, 2641, 2776, 2812, 2844, 2854, 2962, 3051, 3062, 3093, 3270, 3276, 3365, 3373, 3381, 3517, 3727, 3808, 3858, 3867, 3870 and 3875; with his approval.

ASHLEIGH HARB on behalf of HERBERT H. SLATERY III, Counsel to the Governor

MESSAGE FROM THE GOVERNOR May 15, 2012

MR. SECRETARY OF STATE: I am directed by the Governor to return herewith: House Bill(s) No(s). 2278, 2383, 3835, 3836, 3837 and 3839; with his approval.

HERBERT H. SLATTERY III, Counsel to the Governor

MESSAGE FROM THE GOVERNOR May 21, 2012

MR. SECRETARY OF STATE: I am directed by the Governor to return herewith: House Bill(s) No(s). 651, 991, 1013, 1075, 1171, 2114, 2174, 2344, 2633, 2749, 2774, 2847, 2982, 2994, 3119, 3124, 3208, 3218, 3263, 3431, 3459, 3604, 3659, 3665, 3671, 3673, 3760, 3761, 3851, 3877, 3881, 3882, 3884, 3886 and 3887; with his approval.

HERBERT H. SLATTERY III, Counsel to the Governor

COMMUNICATION May 22, 2012

The Honorable Tre Hargett Secretary of State State Capitol Nashville, Tennessee 37243-1102 Dear Mr. Secretary of State: An enrolling error has been discovered in Senate Bill No. 2407/House Bill No. 2569 (assigned Public Chapter 915) from the One Hundred Seventh General Assembly. The bill

5987 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

passed the Senate on April 12, 2012. The House amended the bill and passed it on April 25, 2012. The Senate concurred in the House amendment on April 26, 2012. The bill was signed by the Senate Speaker on April 27, 2012, the House Speaker on April 29, 2012 and transmitted to the governor on April 30, 2012. The Governor signed it on May 10, 2012.

Pending the signatures of the Speakers and Governor, a reenrolled, corrected version will be forwarded to your office.

With kindest regards, I am

Your friend,

/s/ Alan Whittington, Deputy Chief Clerk

COMMUNICATION May 23, 2012

James (Jim) H. Ripley 528 Far A Way Kodak, TN 37764

Re: Tennessee Fish and Wildlife Commission

Dear Mr. Ripley:

As Speaker of the House of Representatives acting pursuant to Chapter 993 of the Public Acts of 2012, I am appointing you to serve as a member of the Tennessee Fish and Wildlife Commission from the Eastern Grand Division. Your term commences July 1, 2012 and will expire on February 28, 2017. This appointment is made subject to confirmation by the General Assembly within sixty days after the 2013 regular session convenes.

I am forwarding a copy of this letter to Ed Carter of the Wildlife Resources Agency. Mr. Carter’s office will be contacting you in the near future regarding this appointment.

I am confident that you will perform the duties of office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of their public servants.

Best Wishes,

/s/ Speaker Beth Harwell

cc: Ed Carter – Tennessee Wildlife Resources Agency Lt. Gov. Ron Ramsey Cody York, 8 th Floor, Snodgrass Tower Jeremy Harrell, G-7 State Capitol Bldg. Gregory Gleaves Connie Ridley Joseph A. Barnes Tammy Letzler

5988 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

COMMUNICATION May 23, 2012

Thomas (Tom) A. Rice 5304 General Forrest Court Nashville, TN 37215-5205

Re: Tennessee Fish and Wildlife Commission

Dear Mr. Rice:

As Speaker of the House of Representatives acting pursuant to Chapter 993 of the Public Acts of 2012, I am appointing you to serve as a member of the Tennessee Fish and Wildlife Commission from the Middle Grand Division. Your term commences July 1, 2012 and will expire on February 28, 2015. This appointment is made subject to confirmation by the General Assembly within sixty days after the 2013 regular session convenes.

I am forwarding a copy of this letter to Ed Carter of the Wildlife Resources Agency. Mr. Carter’s office will be contacting you in the near future regarding this appointment.

I am confident that you will perform the duties of office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of their public servants.

Best Wishes,

/s/ Speaker Beth Harwell

cc: Ed Carter – Tennessee Wildlife Resources Agency Lt. Gov. Ron Ramsey Cody York, 8 th Floor, Snodgrass Tower Jeremy Harrell, G-7 State Capitol Bldg. Gregory Gleaves Connie Ridley Joseph A. Barnes Tammy Letzler

COMMUNICATION May 29, 2012

The Honorable Tre Hargett Secretary of State Nashville, Tennessee 37243

Dear Mr. Secretary of State:

I am transmitting herewith House Bill No. 2161, Senate Bill No. 2120, Public Chapter No. 902. House Bill No. 2161, was originally transmitted to the Governor’s office on April 27, 2012 and signed by the Governor, May 9, 2012.

5989 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

The original House Bill No. 2161 was improperly enrolled. House Bill No. 2161 passed the House, February 16, 2012 (as amended) passed the Senate April 19, 2012. House Amendment No. 1 was adopted and House Amendment No. 2 , was tabled. The text of House Amendment No. 2 was incorrectly enrolled in the house bill. The house adopted House Amendment No. 1. In enrolling the amendment the engrossing office failed to enroll the proper amendment.

We have attached the corrected House Bill No. 2161 as amended and passed by both houses signed by both Speakers. We regret the mistake and enclose the corrected House Bill No. 2161 as amended, for the Governor’s signature.

Your attention to this is appreciated.

/s/ Betty Kay Francis, Chief Engrossing Clerk

ENROLLED BILLS May 29, 2012

MADAM SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefully compared House Bill(s) No(s). 2161; and find same correctly enrolled and ready for the signatures of the Speakers.

BETTY KAY FRANCIS, Chief Engrossing Clerk

SIGNED May 30, 2012

The Speaker announced that she had signed the following: House Bill(s) No(s). 2161.

BETTY KAY FRANCIS, Chief Engrossing Clerk

COMMUNICATION May 31, 2012

Rep. Curtis Halford 108 War Memorial Bldg. Nashville, TN 37243

Re: NCSL –Strengthening the Health Care Safety Net Through Interagency Cooperation, Planning and Policy

Dear Rep. Halford:

As Speaker of the House of Representatives, I am requesting you to attend the NCSL meeting entitled, “ Strengthening the Health Care Safety Net Through Interagency Cooperation, Planning and Policy”, which will be held June 18, 2012 through June 20, 2012 in New Orleans Louisiana.

I am forwarding a copy of this letter to the Joanne Stroud at NCSL’s Denver office. I have attached information regarding the meeting.

5990 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

As always, I am confident that you will represent the Tennessee House of Representatives with the high standard of professionalism, dedication and integrity that our citizens deserve and expect of their public servants.

Best Wishes,

/s/ Speaker Beth Harwell

cc: Joanne Stroud – NCSL Denver Office Lt. Gov. Ron Ramsey Cody York, 8 th Floor, Snodgrass Tower Jeremy Harrell, G-7 State Capitol Bldg. Gregory Gleaves Connie Ridley Joseph A. Barnes Tammy Letzler

MESSAGE FROM THE SENATE May 31, 2012

MADAM SPEAKER: I am directed to transmit to the House, Senate Bill(s) No(s). 2407; for the signature of the Speaker.

RUSSELL A. HUMPHREY, Chief Clerk

MESSAGE FROM THE SENATE June 1, 2012

MADAM SPEAKER: I am directed to return to the House, House Bill(s) No(s). 2161; signed by the Speaker.

RUSSELL A. HUMPHREY, Chief Clerk

REPORT OF CHIEF ENGROSSING CLERK June 1, 2012

MADAM SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have transmitted to the Governor the following: House Bill(s) No(s). 2161; for his action.

BETTY KAY FRANCIS, Chief Engrossing Clerk

SIGNED June 4, 2012

The Speaker announced that she had signed the following: Senate Bill(s) No(s). 2407.

5991 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

COMMUNICATION June 11, 2012

Rep. Mark White 110 War Memorial Building Nashville, TN 37243

Re: Technology Development Corporation Board of Directors

Dear Representative Mark White:

As Speaker of the House of Representatives acting pursuant to Tennessee Code Annotated, § 4-14-301, I am reappointing you as a public sector member of the Technology Development Corporation Board of Directors. Your new term commences July 1, 2012 and will expire on June 30, 2016.

I am forwarding a copy of this letter to the Department of Economic and Community Development. Jennifer Alward will be contacting you in the near future regarding this appointment.

I am confident that you will continue to perform the duties of office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of their public servants.

Best Wishes,

/s/ Speaker Beth Harwell cc: Jennifer Alward – Department of Economic and Community Development Lt. Gov. Ron Ramsey Cody York, 8th Floor, Snodgrass Tower Lee Harrell, G-7 State Capitol Bldg. Gregory Gleaves Connie Ridley Joseph A. Barnes Tammy Letzler

MESSAGE FROM THE GOVERNOR June 12, 2012

MR. SECRETARY OF STATE: I am directed by the Governor to return herewith: House Bill(s) No(s). 2161; with his approval.

HERBERT H. SLATTERY III, Counsel to the Governor

5992 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

COMMUNICATION June 14, 2012

Janet F. Smith, Ph.D. President Columbia State Community College 1665 Hampshire Pike Columbia, TN 38401

Re: Economic Council on Women

Dear Ms. Smith:

As Speaker of the Senate and Speaker of the House acting jointly pursuant to Tennessee Code Annotated, § 4-50-101(a), we are appointing you to serve as a member of the Economic Council on Women representing the South Central District. Your term commences immediately and will expire on August 31, 2014.

We are forwarding a copy of this letter to the Economic Council on Women. Jennifer Rawls will be contacting you in the near future regarding this appointment.

We are confident that you will perform the duties of office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of their public servants.

Best Wishes,

/s/ Lt. Governor Ron Ramsey /s/ Speaker Beth Harwell

cc: Jennifer Rawls – Economic Council on Women Cody York, 8th Floor, Snodgrass Tower Lee Harrell, G-7 State Capitol Bldg. Lance Frizzell Gregory Gleaves Tammy Letzler Russell Humphrey Connie Ridley Joseph A. Barnes

COMMUNICATION June 14, 2012

Jennifer Enderson Emory Valley Center 715 Emory Valley Road Oak Ridge TN 37830

Dear Ms. Enderson:

As Speaker of the Senate and Speaker of the House of Representatives, acting jointly pursuant to Tennessee Code Annotated § 33-5-110, we are appointing you to serve as a member of the Division of Intellectual Disability Services (DIDS) Task Force. Your appointment

5993 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

was made from lists provided by DIDS service providers. Your term commences immediately and will expire on June 30, 2014.

We are forwarding a copy of this letter to DIDS. Their staff will be contacting you in the near future regarding this appointment.

We are confident that you will perform the duties of office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of public servants.

Best Wishes,

/s/ Lt. Governor Ron Ramsey /s/ Speaker Beth Harwell

cc: James M. Henry, Commissioner Speaker Beth Harwell Cody York, 8th Floor, Snodgrass Tower Jeremy Harrell, G-7 State Capitol Bldg. Lance Frizzell Gregory Gleaves Russell Humphrey Connie Ridley Joseph A. Barnes

COMMUNICATION June 14, 2012

Patti Killingsworth Bureau of TennCare Assistant Commissioner, Chief Long Term Care 310 Great Circle Road Nashville, TN 37243

Dear Ms. Killingsworth:

As Speaker of the Senate and Speaker of the House of Representatives, acting jointly pursuant to Tennessee Code Annotated § 33-5-110, we are appointing you to serve as a member of the Division of Intellectual Disability Services (DIDS) Task Force. You will be replacing Scott Pierce on this task force. Your term commences immediately and will expire on June 30, 2014.

We are forwarding a copy of this letter to DIDS. Their staff will be contacting you in the near future regarding this appointment.

We are confident that you will perform the duties of office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of public servants.

Best Wishes,

/s/ Lt. Governor Ron Ramsey /s/ Speaker Beth Harwell

5994 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

cc: James M. Henry, Commissioner Speaker Beth Harwell Cody York, 8th Floor, Snodgrass Tower Jeremy Harrell, G-7 State Capitol Bldg. Lance Frizzell Gregory Gleaves Russell Humphrey Connie Ridley Joseph A. Barnes

COMMUNICATION June 15, 2012

The Honorable Tre Hargett Secretary of State State Capitol Nashville, TN 37234-1102

Dear Mr. Secretary of State:

An enrolling error has been discovered in Senate Bill No. 3657/House Bill No. 3430 (assigned Public Chapter 1107) from the One Hundred Seventh General Assembly. The bill passed the Senate as amended on April 26, 2012. The House concurred in Senate Bill No. 3657 on May 1, 2012. The bill was signed by the Senate Speaker on May 8, 2012, the House Speaker on May 9, 2012 and transmitted to the Governor on May 9, 2012. The Governor signed it on May 21, 2012.

Pending the signatures of the Speakers and Governor, a reenrolled, corrected version will be forwarded to you office.

With kindest regards, I am

Your friend,

/s/ Alan Whittington Deputy Chief Clerk

MESSAGE FROM THE SENATE June 15, 2012

MADAM SPEAKER: I am directed to transmit to the House, Senate Bill(s) No(s). 3657; for the signature of the Speaker.

RUSSELL A. HUMPHREY, Chief Clerk

SIGNED June 20, 2012

The Speaker announced that she had signed the following: Senate Bill(s) No(s). 3657.

5995 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

COMMUNICATION June 26, 2012

Mayor Larry Waters Sevier County Courthouse 125 Court Avenue, Suite 201E Sevierville, TN 37862-3596

Re: Tennessee Advisory Commission on Intergovernmental Relations (TACIR)

Dear Mayor Waters:

As Speaker of the House acting pursuant to Tennessee Code Annotated, § 4-10-103(a)(6), I am reappointing you (from the list of Tennessee County Services Association nominees), to serve another term as a member of the Tennessee Advisory Commission on Intergovernmental Relations (TACIR). Your new term commences July 31, 2012 and will expire on July 30, 2016.

I am forwarding a copy of this letter to the Tennessee Advisory Commission on Intergovernmental Relations. Lynnissee Roehrick-Patrick will be contacting you in the near future regarding this appointment.

I am confident that you will continue to perform the duties of office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of their public servants.

Best Wishes,

/s/ Speaker Beth Harwell

cc: Lynnissee Roehrick-Patrick – Advisory Commission on Intergovernmental Relations (TACIR) Lt. Gov. Ron Ramsey Cody York, 8th Floor, Snodgrass Tower Jeremy Harrell, G-7 State Capitol Bldg. Gregory Gleaves Connie Ridley Joseph A. Barnes Tammy Letzler

COMMUNICATION June 26, 2012

Michael D. Martin 726 Battle Road Nolensville, TN 37135

Re: Tennessee Financial Literacy Commission Board of Directors

Dear Mr. Martin:

5996 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

As Speaker of the House of Representatives acting pursuant to Tennessee Code Annotated, § 49-6-1703, I am appointing you to serve as a member of the Tennessee Financial Literacy Commission Board of Directors. Your term commences July 1, 2012 and will expire on June 30, 2016.

I am forwarding a copy of this letter to State Treasurer, David H. Lillard, Jr. Mr. Lillard’s office will be contacting you in the near future regarding this appointment.

I am confident that you will perform the duties of office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of their public servants.

Best Wishes,

/s/ Speaker Beth Harwell cc: Treasurer David H. Lillard, Jr. Lt. Gov. Ron Ramsey Cody York, 8th Floor, Snodgrass Tower Jeremy Harrell, G-7 State Capitol Bldg. Gregory Gleaves Connie Ridley Joseph A. Barnes Tammy Letzler

COMMUNICATION June 26, 2012

John A. Bruno 1218 Chickasaw Drive Brentwood, TN 37027

Re: Tennessee Financial Literacy Commission Board of Directors

Dear Mr. Bruno:

As Speaker of the House of Representatives acting pursuant to Tennessee Code Annotated, § 49-6-1703, I am reappointing you to serve as a member of the Tennessee Financial Literacy Commission Board of Directors. Your term commences July 1, 2012 and will expire on June 30, 2013.

I am forwarding a copy of this letter to State Treasurer, David H. Lillard, Jr. Mr. Lillard’s office will be contacting you in the near future regarding this appointment.

I am confident that you will perform the duties of office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of their public servants.

Best Wishes,

/s/ Speaker Beth Harwell

5997 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

cc: Treasurer David H. Lillard, Jr. Lt. Gov. Ron Ramsey Cody York, 8th Floor, Snodgrass Tower Jeremy Harrell, G-7 State Capitol Bldg. Gregory Gleaves Connie Ridley Joseph A. Barnes Tammy Letzler

COMMUNICATION June 26, 2012

Christopher T. Holmes 1116 Vaughn Crest Drive Franklin, TN 37069

Re: Tennessee Financial Literacy Commission Board of Directors

Dear Mr. Holmes:

As Speaker of the House of Representatives acting pursuant to Tennessee Code Annotated, § 49-6-1703, I am reappointing you to serve as a member of the Tennessee Financial Literacy Commission Board of Directors. Your term commences July 1, 2012 and will expire on June 30, 2014.

I am forwarding a copy of this letter to State Treasurer, David H. Lillard, Jr. Mr. Lillard’s office will be contacting you in the near future regarding this appointment.

I am confident that you will perform the duties of office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of their public servants.

Best Wishes,

/s/ Speaker Beth Harwell cc: Treasurer David H. Lillard, Jr. Lt. Gov. Ron Ramsey Cody York, 8th Floor, Snodgrass Tower Jeremy Harrell, G-7 State Capitol Bldg. Gregory Gleaves Connie Ridley Joseph A. Barnes Tammy Letzler

5998 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

COMMUNICATION June 26, 2012

Christy Malone 1221 Broad Street Elizabethton, TN 37643

Re: Tennessee Financial Literacy Commission Board of Directors

Dear Ms. Malone:

As Speaker of the House of Representatives acting pursuant to Tennessee Code Annotated, § 49-6-1703, I am reappointing you to serve as a member of the Tennessee Financial Literacy Commission Board of Directors. Your term commences July 1, 2012 and will expire on June 30, 2014.

I am forwarding a copy of this letter to State Treasurer, David H. Lillard, Jr. Mr. Lillard’s office will be contacting you in the near future regarding this appointment.

I am confident that you will perform the duties of office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of their public servants.

Best Wishes,

/s/ Speaker Beth Harwell cc: Treasurer David H. Lillard, Jr. Lt. Gov. Ron Ramsey Cody York, 8th Floor, Snodgrass Tower Jeremy Harrell, G-7 State Capitol Bldg. Gregory Gleaves Connie Ridley Joseph A. Barnes Tammy Letzler

COMMUNICATION June 27, 2012

Rep. John Ragan G-24 War Memorial Building Nashville, TN 37243

Re: NCSL Agriculture and Energy Committee

Dear Rep. Ragan:

As Speaker of the House of Representatives, I am appointing you to serve as a member of the National Conference of State Legislatures Agriculture and Energy Standing Committee. Your term commences immediately and will expire on January 31, 2013.

5999 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

I am forwarding a copy of this letter to Ben Husch and Glen Anderson at NCSL. They will be contacting you in the near future regarding this nomination.

I am confident that you will perform the duties of this office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of their public servants.

Best Wishes,

/s/ Speaker Beth Harwell

cc: Ben Husch and Glen Anderson - NCSL Lt. Gov. Ron Ramsey Cody York, 8th Floor, Snodgrass Tower Jeremy Harrell, G-7 State Capitol Bldg. Gregory Gleaves Connie Ridley Joseph A. Barnes Tammy Letzler

COMMUNICATION June 28, 2012

Robert T. “Tas” Gardner Assistant Public Defender 314 Oakwood Lane Paris, TN 38342

Re: Board of Judicial Conduct

Dear Mr. Gardner:

As Speaker of the House of Representatives acting pursuant to Chapter 819 of the Public Acts of 2012, I am appointing you to serve as a practicing attorney (non-judge) member of the Board of Judicial Conduct. Your term commences July 1, 2012 and will expire on June 20, 2015.

I am forwarding a copy of this letter to Elizabeth Sykes at the Administrative Office of the Courts. Her office will be contacting you in the near future regarding this appointment.

I am confident that you will perform the duties of office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of their public servants.

Best Wishes,

/s/ Speaker Beth Harwell cc: Elizabeth Sykes – Administrative Office of the Courts Lt. Gov. Ron Ramsey Cody York, 8th Floor, Snodgrass Tower Jeremy Harrell, G-7 State Capitol Bldg.

6000 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Scott Gilmer Connie Ridley Joseph A. Barnes Tammy Letzler

COMMUNICATION June 28, 2012

Ron Hickman 6501 May Creek Cove Memphis, TN 38119

Re: Board of Judicial Conduct

Dear Mr. Hickman:

As Speaker of the House of Representatives acting pursuant to Chapter 819 of the Public Acts of 2012, I am appointing you to serve as a non-judge, non-attorney member of the Board of Judicial Conduct. Your term commences July 1, 2012 and will expire on June 20, 2015.

I am forwarding a copy of this letter to Elizabeth Sykes at the Administrative Office of the Courts. Her office will be contacting you in the near future regarding this appointment.

I am confident that you will perform the duties of office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of their public servants.

Best Wishes,

/s/ Speaker Beth Harwell cc: Elizabeth Sykes – Administrative Office of the Courts Lt. Gov. Ron Ramsey Cody York, 8th Floor, Snodgrass Tower Jeremy Harrell, G-7 State Capitol Bldg. Scott Gilmer Connie Ridley Joseph A. Barnes Tammy Letzler

COMMUNICATION June 28, 2012

Jeffrey S. Bivins Supreme Court Building –Suite 221 401 7th Avenue North Nashville, TN 37219

Re: Board of Judicial Conduct

Dear Judge Bivins:

6001 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

As Speaker of the House of Representatives acting pursuant to Chapter 819 of the Public Acts of 2012, as recommended by the Tennessee Judicial Conference, I am appointing you to serve as an appellate judge member of the Board of Judicial Conduct. Your term commences July 1, 2012 and will expire on June 30, 2015.

I am forwarding a copy of this letter to Elizabeth Sykes at the Administrative Office of the Courts. Her office will be contacting you in the near future regarding this appointment.

I am confident that you will perform the duties of office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of their public servants.

Best Wishes,

/s/ Speaker Beth Harwell cc: Elizabeth Sykes – Administrative Office of the Courts Lt. Gov. Ron Ramsey Cody York, 8th Floor, Snodgrass Tower Jeremy Harrell, G-7 State Capitol Bldg. Scott Gilmer Connie Ridley Joseph A. Barnes Tammy Letzler

COMMUNICATION July 11, 2012

Mr. Thomas C. Arnold 2 Holmes Gap Road Brush Creek, TN 38547

Re: Four Lake Regional Industrial Development Authority Board of Directors

Dear Mr. Arnold:

As Speaker of the House of Representatives acting pursuant to Chapter 1033 of the Public Acts of 2012, I am appointing you to serve as a member of the Four Lake Regional Industrial Development Authority Board of Directors. Your term commences immediately and will expire on June 30, 2014.

I am forwarding a copy of this letter to Four Lake Regional Industrial Development Authority. Their Office will be contacting you in the near future regarding this appointment.

I am confident that you will perform the duties of office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of their public servants.

Best Wishes,

/s/ Speaker Beth Harwell

6002 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

cc: Four Lake Regional Industrial Development Authority Lt. Gov. Ron Ramsey Cody York, 8th Floor, Snodgrass Tower Jeremy Harrell, G-7 State Capitol Bldg. Scott Gilmer Connie Ridley Joseph A. Barnes Tammy Letzler

COMMUNICATION July 12, 2012

Rep. Joe Armstrong 35 Legislative Plaza Nashville, TN 37243

Re: Governor Haslam’s Three Branches Institute for High Reliability in Children Services

Dear Rep. Armstrong:

As Speaker of the House of Representatives acting pursuant to Governor Haslam’s request, I am appointing you to serve as a member of the Three Branches Institute for High Reliability in Children Services Task Force. For more information on the task force and it’s responsibilities, please see enclosed attachment. Your term commences immediately and will expire on November 6, 2012.

I am forwarding a copy of this letter to Governor Haslam. Governor Haslam’s office will be contacting you in the near future regarding this appointment.

I am confident that you will perform the duties of office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of their public servants.

Best Wishes,

/s/ Speaker Beth Harwell

Enclosure cc: Governor Bill Haslam Lt. Gov. Ron Ramsey Cody York, 8th Floor, Snodgrass Tower Jeremy Harrell, G-7 State Capitol Bldg. Scott Gilmer Connie Ridley Joseph A. Barnes Tammy Letzler

Governor Haslam’s Three Branches Institute for High Reliability in Children’s Services.

The concept of this task force comes from a recent collaboration between the National Governor’s Association, National Conference of State Legislatures and the Annnie E. Casey

6003 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Foundation to look at needs in the child welfare system nationwide. The purpose of the Tennessee Three Branches Institute is to align the work of the executive, legislative and judicial branches, and ensure children’s services are delivered to families and children with high reliability in terms of safety and other targeted outcomes. The Institute would be charged by Governor Haslam to develop a joint vision, goals, action plans and objectives for the development of high reliability and community-driven services, and to report on measurable outcomes for Tennessee’s vulnerable children and at-risk youth.

The responsibilities for the Institute Members will include: • Participation in a two day meeting to develop draft consensus on the approach of high reliability organization, define characteristics of a high reliability children’s services organization, and identify key benchmarks of safety and success for child welfare and juvenile justice outcomes. • Small groups with additional stakeholders, hosting community events to vet the draft consensus developed at the two day meeting • Utilization of this feedback to finalize a consensus regarding characteristics and benchmarks and proposed strategies for community driven solutions and develop a strategic plan for Governor’s approval

The initial meeting will take place August 15th and 16th in Nashville and will include a luncheon at the Executive Residence. A more detailed itinerary will be forthcoming.

COMMUNICATION July 12, 2012

Rep. John J. DeBerry, Jr. 26 Legislative Plaza Nashville, TN 37243

Re: Governor Haslam’s Three Branches Institute for High Reliability in Children Services

Dear Rep. DeBerry:

As Speaker of the House of Representatives acting pursuant to Governor Haslam’s request, I am appointing you to serve as a member of the Three Branches Institute for High Reliability in Children Services Task Force. For more information on the task force and it’s responsibilities, please see enclosed attachment. Your term commences immediately and will expire on November 6, 2012.

I am forwarding a copy of this letter to Governor Haslam. Governor Haslam’s office will be contacting you in the near future regarding this appointment.

I am confident that you will perform the duties of office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of their public servants.

Best Wishes,

/s/ Speaker Beth Harwell

Enclosure

6004 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

cc: Governor Bill Haslam Lt. Gov. Ron Ramsey Cody York, 8th Floor, Snodgrass Tower Jeremy Harrell, G-7 State Capitol Bldg. Scott Gilmer Connie Ridley Joseph A. Barnes Tammy Letzler

Governor Haslam’s Three Branches Institute for High Reliability in Children’s Services.

The concept of this task force comes from a recent collaboration between the National Governor’s Association, National Conference of State Legislatures and the Annnie E. Casey Foundation to look at needs in the child welfare system nationwide. The purpose of the Tennessee Three Branches Institute is to align the work of the executive, legislative and judicial branches, and ensure children’s services are delivered to families and children with high reliability in terms of safety and other targeted outcomes. The Institute would be charged by Governor Haslam to develop a joint vision, goals, action plans and objectives for the development of high reliability and community-driven services, and to report on measurable outcomes for Tennessee’s vulnerable children and at-risk youth.

The responsibilities for the Institute Members will include: • Participation in a two day meeting to develop draft consensus on the approach of high reliability organization, define characteristics of a high reliability children’s services organization, and identify key benchmarks of safety and success for child welfare and juvenile justice outcomes. • Small groups with additional stakeholders, hosting community events to vet the draft consensus developed at the two day meeting • Utilization of this feedback to finalize a consensus regarding characteristics and benchmarks and proposed strategies for community driven solutions and develop a strategic plan for Governor’s approval

The initial meeting will take place August 15th and 16th in Nashville and will include a luncheon at the Executive Residence. A more detailed itinerary will be forthcoming.

COMMUNICATION July 12, 2012

Rep. Kevin Brooks 35 Legislative Plaza Nashville, TN 37243

Re: Governor Haslam’s Three Branches Institute for High Reliability in Children Services

Dear Rep. Brooks:

As Speaker of the House of Representatives acting pursuant to Governor Haslam’s request, I am appointing you to serve as a member of the Three Branches Institute for High Reliability in Children Services Task Force. For more information on the task force and it’s responsibilities, please see enclosed attachment. Your term commences immediately and will expire on November 6, 2012.

6005 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

I am forwarding a copy of this letter to Governor Haslam. Governor Haslam’s office will be contacting you in the near future regarding this appointment.

I am confident that you will perform the duties of office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of their public servants.

Best Wishes,

/s/ Speaker Harwell

Enclosure cc: Governor Bill Haslam Lt. Gov. Ron Ramsey Cody York, 8th Floor, Snodgrass Tower Jeremy Harrell, G-7 State Capitol Bldg. Scott Gilmer Connie Ridley Joseph A. Barnes Tammy Letzler

Governor Haslam’s Three Branches Institute for High Reliability in Children’s Services.

The concept of this task force comes from a recent collaboration between the National Governor’s Association, National Conference of State Legislatures and the Annnie E. Casey Foundation to look at needs in the child welfare system nationwide. The purpose of the Tennessee Three Branches Institute is to align the work of the executive, legislative and judicial branches, and ensure children’s services are delivered to families and children with high reliability in terms of safety and other targeted outcomes. The Institute would be charged by Governor Haslam to develop a joint vision, goals, action plans and objectives for the development of high reliability and community-driven services, and to report on measurable outcomes for Tennessee’s vulnerable children and at-risk youth.

The responsibilities for the Institute Members will include: • Participation in a two day meeting to develop draft consensus on the approach of high reliability organization, define characteristics of a high reliability children’s services organization, and identify key benchmarks of safety and success for child welfare and juvenile justice outcomes. • Small groups with additional stakeholders, hosting community events to vet the draft consensus developed at the two day meeting • Utilization of this feedback to finalize a consensus regarding characteristics and benchmarks and proposed strategies for community driven solutions and develop a strategic plan for Governor’s approval

The initial meeting will take place August 15th and 16th in Nashville and will include a luncheon at the Executive Residence. A more detailed itinerary will be forthcoming.

6006 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

COMMUNICATION July 12, 2012

Rep. Harry Brooks 35 Legislative Plaza Nashville, TN 37243

Re: Governor Haslam’s Three Branches Institute for High Reliability in Children Services

Dear Rep. Brooks:

As Speaker of the House of Representatives acting pursuant to Governor Haslam’s request, I am appointing you to serve as a member of the Three Branches Institute for High Reliability in Children Services Task Force. For more information on the task force and it’s responsibilities, please see enclosed attachment. Your term commences immediately and will expire on November 6, 2012.

I am forwarding a copy of this letter to Governor Haslam. Governor Haslam’s office will be contacting you in the near future regarding this appointment.

I am confident that you will perform the duties of office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of their public servants.

Best Wishes,

/s/ Speaker Beth Harwell

Enclosure cc: Governor Bill Haslam Lt. Gov. Ron Ramsey Cody York, 8th Floor, Snodgrass Tower Jeremy Harrell, G-7 State Capitol Bldg. Scott Gilmer Connie Ridley Joseph A. Barnes Tammy Letzler

Governor Haslam’s Three Branches Institute for High Reliability in Children’s Services.

The concept of this task force comes from a recent collaboration between the National Governor’s Association, National Conference of State Legislatures and the Annnie E. Casey Foundation to look at needs in the child welfare system nationwide. The purpose of the Tennessee Three Branches Institute is to align the work of the executive, legislative and judicial branches, and ensure children’s services are delivered to families and children with high reliability in terms of safety and other targeted outcomes. The Institute would be charged by Governor Haslam to develop a joint vision, goals, action plans and objectives for the development of high reliability and community-driven services, and to report on measurable outcomes for Tennessee’s vulnerable children and at-risk youth.

The responsibilities for the Institute Members will include:

6007 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

• Participation in a two day meeting to develop draft consensus on the approach of high reliability organization, define characteristics of a high reliability children’s services organization, and identify key benchmarks of safety and success for child welfare and juvenile justice outcomes. • Small groups with additional stakeholders, hosting community events to vet the draft consensus developed at the two day meeting • Utilization of this feedback to finalize a consensus regarding characteristics and benchmarks and proposed strategies for community driven solutions and develop a strategic plan for Governor’s approval

The initial meeting will take place August 15th and 16th in Nashville and will include a luncheon at the Executive Residence. A more detailed itinerary will be forthcoming.

COMMUNICATION July 16, 2012

Rep. Brenda Gilmore 22 Legislative Plaza Nashville, TN 37243

Re: NCSL Environment Committee

Dear Rep. Gilmore:

As Speaker of the House of Representatives, I am appointing you to serve as a member of the National Conference of State Legislatures Environment Standing Committee. Your term commences immediately and will expire on November 6, 2012.

I am forwarding a copy of this letter to Scott Hendrick and Tamra Spielvogel at NCSL. They will be contacting you in the near future regarding this nomination.

I am confident that you will perform the duties of this office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of their public servants.

Best Wishes,

/s/ Speaker Beth Harwell

cc: Scott Hendrick and Tamra Spielvogel – NCSL Lt. Gov. Ron Ramsey Cody York, 8th Floor, Snodgrass Tower Jeremy Harrell, G-7 State Capitol Bldg. Scott Gilmer Connie Ridley Joseph A. Barnes Tammy Letzler

6008 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

COMMUNICATION July 19, 2012

Christopher M. Schwerdt 573 Indian Lake Road Hendersonville, TN 37075

Re: TennCare Pharmacy Advisory Committee

Dear Mr. Schwerdt:

As Speaker of the House of Representatives acting pursuant to Tennessee Code Annotated, § 71-5-2401, I am reappointing you to serve as a practicing, nursing home industry, pharmacist member of the TennCare Pharmacy Advisory Committee. Your new term commences August 1, 2012 and will expire on July 31, 2015.

I am forwarding a copy of this letter to TennCare Pharmacy Advisory Committee, Nicole Woods. Ms. Woods’ office will be contacting you in the near future regarding this appointment.

I am confident that you will continue to perform the duties of office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of their public servants.

Best Wishes,

/s/ Speaker Beth Harwell cc: Nicole Woods, Director – TennCare Pharmacy Advisory Committee Lt. Gov. Ron Ramsey Cody York, 8th Floor, Snodgrass Tower Jeremy Harrell, G-7 State Captiol Bldg. Scott Gilmer Connie Ridley Joseph A. Barnes Tammy Letzler

COMMUNICATION July 19, 2012

Harold W. Morrison 504 Glenleigh Court Nashville, TN 37221

Re: Tennessee Consolidated Retirement System Board of Trustees

Dear Mr. Morrison:

As Speaker of the House of Representatives acting pursuant to Tennessee Code Annotated, § 8-34-302, I am appointing you to serve as the Middle Tennessee teacher representative on the Tennessee Consolidated Retirement System Board of Trustees. Your term commences immediately and will expire on June 30, 2015.

6009 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

I am forwarding a copy of this letter to Director, Jill Bachus, CPA. Ms. Bachus’ office will be contacting you in the near future regarding this appointment.

I am confident that you will perform the duties of office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of their public servants.

Best Wishes,

/s/ Speaker Beth Harwell

cc: Jill Bachus, CPA, Director – TCRS Lt. Gov. Ron Ramsey Cody York, 8th Floor, Snodgrass Tower Jeremy Harrell, G-7 State Capitol Bldg. Scott Gilmer Connie Ridley Joseph A. Barnes Tammy Letzler

COMMUNICIATION July 19, 2012

Kristi Stanley Caissa Public Strategy 119 South Main Street, Suite 600 Memphis, TN 38103

Re: Economic Council on Women

Dear Ms. Stanley:

As Speaker of the Senate and Speaker of the House acting pursuant to Tennessee Code Annotated, § 4-50-101(a), we are appointing you to serve as a member of the Economic Council on Women representing the Memphis Development District. Your term commences immediately and will expire on August 31, 2016.

We are forwarding a copy of this letter to the Economic Council on Women. Jennifer Rawls will be contacting you in the near future regarding this appointment.

We are confident that you will perform the duties of office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of their public servants.

Best Wishes,

/s/ Lt. Governor Ron Ramsey /s/ Speaker Beth Harwell cc: Jennifer Rawls – Economic Council on Women Cody York, 8th Floor, Snodgrass Tower Jeremy Harrell, G-7 State Capitol Bldg.

6010 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Lance Frizzell Scott Gilmer Tammy Letzler Russell Humphrey Connie Ridley Joseph A. Barnes

COMMUNICATION July 31, 2012

Kerry Dove Nissan North America, Inc. 2139 Kidd Road Nolensville, TN 37135-9443

Re: Advisory Council on Workers Compensation

Dear Mr. Dove:

As Speaker of the House of Representatives acting pursuant to Tennessee Code Annotated, § 50-6-121, I am appointing you to serve as an employer member of the Advisory Council on Workers Compensation, replacing Dan Pohlgeers whose term recently expired. Your term commences immediately and will expire on June 30, 2016.

I am forwarding a copy of this letter to Lynn Ivanick, the Advisory Council on Workers’ Compensation Administrator, who will be contacting you in the near future regarding this appointment.

I am confident that you will perform the duties of office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of their public servants.

Best Wishes,

/s/ Speaker Beth Harwell cc: Lynn Ivanick – WCAC Administrator Lt. Gov. Ron Ramsey Cody York, 8th Floor, Snodgrass Tower Jeremy Harrell, G-7 State Capitol Bldg. Scott Gilmer Connie Ridley Joseph A. Barnes Tammy Letzler

6011 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

COMMUNICATION May 22, 2012

The Honorable Tre Hargett Secretary of State State Capitol Nashville, Tennessee 37243-1102 Dear Mr. Secretary of State: An enrolling error has been discovered in Senate Bill No. 2407/House Bill No. 2569 (assigned Public Chapter 915) from the One Hundred Seventh General Assembly. The bill passed the Senate on April 12, 2012. The House amended the bill and passed it on April 25, 2012. The Senate concurred in the House amendment on April 26, 2012. The bill was signed by the Senate Speaker on April 27, 2012, the House Speaker on April 29, 2012 and transmitted to the governor on April 30, 2012. The Governor signed it on May 10, 2012.

Pending the signatures of the Speakers and Governor, a reenrolled, corrected version will be forwarded to your office.

With kindest regards, I am

Your friend,

/s/ Alan Whittington, Deputy Chief Clerk

COMMUNICATION August 27, 2012

Joseph “Woody” A. Woodruff Waller, Lansden, Dortch & Davis, LLP Nashville City Center 511 Union Street, Suite 2700 Nashville, TN 37219

Re: Judicial Performance Evaluation Commission

Dear Mr. Woodruff:

As Speaker of the House of Representatives acting pursuant to Tennessee Code Annotated, § 17-4-201(b) as amended by 2012 Public Chapter 953, I am appointing you to serve as an attorney member (middle grand division) of the Judicial Performance Evaluation Commission. Your term commences immediately and will expire on June 30, 2017.

I am forwarding a copy of this letter to Administrative Office of the Courts. Their office will be contacting you in the near future regarding this appointment.

I am confident that you will perform the duties of office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of their public servants.

6012 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Best Wishes,

/s/ Speaker Beth Harwell

cc: Elizabeth A. Sykes – Administrative Office of the Courts Lt. Gov. Ron Ramsey Cody York, 8th Floor, Snodgrass Tower Jeremy Harrell, G-7 State Capitol Bldg. Scott Gilmer Connie Ridley Joseph A. Barnes Tammy Letzler

MESSAGE FROM THE SENATE August 29, 2012

MADAM SPEAKER: I am directed to transmit to the House, Senate Bill(s) No(s). 2931; for the signature of the Speaker.

RUSSELL A. HUMPHREY, Chief Clerk

SIGNED September 4, 2012

The Speaker announced that she had signed the following: Senate Bill(s) No(s). 2931.

COMMUNICATION September 18, 2012

Rep. Jon C. Lundberg 20 Legislative Plaza Nashville, TN 37243

Re: Governor’s Council for Armed Forces, Veterans and Their Families

Dear Rep. Lundberg:

As Speaker of the House of Representatives acting pursuant to Executive Order No. 15 of 2012, I am appointing you to serve as the House of Representative’s member on the Governor’s Council for Armed Forces, Veterans and Their Families. Your term commences immediately and will expire on November 4, 2014.

I am forwarding a copy of this letter to Commissioner Many-Bears Grinder at the Department of Veterans Affairs. Commissioner Grinder’s office will be contacting you in the near future regarding this appointment.

6013 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

I am confident that you will perform the duties of office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of their public servants.

Best Wishes,

/s/ Speaker Beth Harwell

cc: Commissioner Many-Bears Grinder – Department of Veterans Affairs Lt. Gov. Ron Ramsey Cody York, 8th Floor, Snodgrass Tower Jeremy Harrell, G-7 State Capitol Bldg. Scott Gilmer Connie Ridley Joseph A. Barnes Tammy Letzler

COMMUNICATION October 19, 2012

Richard W. Smith, MD-LS3 FedEx Express, Building E, 3rd Floor 3650 Hacks Cross Road Memphis, TN 38125

Re: Technology Development Corporation Board of Directors

Dear Mr. Smith:

As Speaker of the House of Representatives acting pursuant to Tennessee Code Annotated, § 4-14-303(b), I am appointing you as a private sector member of the Technology Development Corporation Board of Directors. Your term commences immediately and will expire on June 30, 2015.

I am forwarding a copy of this letter to the Tennessee Technology Development Corporation Board of Directors, which will contact you in the near future.

I am confident that you will perform the duties of office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of their public servants.

Best Wishes,

/s/ Speaker Beth Harwell cc: Courtney Corlew / Tennessee Technology Development Corporation Board of Directors Lt. Gov. Ron Ramsey Cody York, 8th Floor, Snodgrass Tower Jeremy Harrell, G-7 State Capitol Bldg. Scott Gilmer Connie Ridley

6014 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Joseph A. Barnes Tammy Letzler

COMMUNICATION November 14, 2012

Dr. David Millhorn Office of the President The University of Tennessee 800 Andy Holt Tower Knoxville, TN 37996

Re: Technology Development Corporation Board of Directors

Dear Dr. Millhorn:

As Speaker of the House of Representatives acting pursuant to Tennessee Code Annotated, § 4-14-303(c), I am appointing you to replace Alex Miller, who recently resigned, as a public sector member of the Technology Development Corporation Board of Directors. Your term commences immediately and will expire on June 30, 2013.

I am forwarding a copy of this letter to Tennessee Technology Development Corporation Board of Directors. Courtney Corlew will be contacting you in the near future regarding this appointment.

I am confident that you will perform the duties of office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of their public servants.

Best Wishes,

/s/ Speaker Beth Harwell cc: Courtney Corlew – Tennessee Technology Development Corporation Board of Directors Lt. Gov. Ron Ramsey Cody York, 8th Floor, Snodgrass Tower Jeremy Harrell, G-7 State Capitol Bldg. Scott Gilmer Connie Ridley Joseph A. Barnes Tammy Letzler

COMMUNICATION November 14, 2012

Ray E. Stout 561 Doeville Road Butler, TN 37640

Re: Doe Mountain Recreation Board of Directors

6015 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Dear Mr. Stout:

As Speaker of the House of Representatives acting pursuant to Chapter 1106 of the Public Acts of 2012, I am appointing you to serve as a member of the Doe Mountain Recreation Board of Directors. Your term commences immediately and will expire on June 30, 2014.

I am forwarding a copy of this letter to Secretary of State, Tre Hargett and Larry Potter, Johnson County Mayor. Secretary Hargett’s office will be contacting you in the near future regarding this appointment.

I am confident that you will perform the duties of office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of their public servants.

Best Wishes,

/s/ Speaker Beth Harwell cc: Tre Hargett, Secretary of State Lt. Gov. Ron Ramsey Larry Potter, Johnson County Mayor Cody York, 8th Floor, Snodgrass Tower Jeremy Harrell, G-7 State Capitol Bldg. Scott Gilmer Connie Ridley Joseph A. Barnes Tammy Letzler

COMMUNICATION November 27, 2012

Robert L. Jones Circuit Court Judge P.O. Box 262 Columbia, TN 38401

Re: Judicial Performance Evaluation Commission

Dear Judge Jones:

As Speaker of the Senate and Speaker of the House, acting pursuant to Chapter 953 of the Public Acts of 2012, we are appointing you to serve as a judge member of the Judicial Performance Evaluation Commission. You will be replacing Judge Jeffrey Bivins, who resigned. Your term commences immediately and will expire on August 8, 2013.

We are forwarding a copy of this letter to Karen Yacuzzo at the Administrative Office of the Courts. Her office will be contacting you in the near future regarding this appointment.

We are confident that you will perform the duties of office with the high standard of professionalism, dedication and integrity that the citizens of Tennessee deserve and expect of their public servants.

6016 TUESDAY, MAY 1, 2012 – EIGHTY-FOURTH LEGISLATIVE DAY

Best Wishes,

/s/ Lt. Governor Ron Ramsey /s/ Speaker Beth Harwell cc: Karen Yacuzzo – Administrative Office of the Courts Speaker Beth Harwell Cody York, 8th Floor, Snodgrass Tower Jeremy Harrell, G-7 State Capitol Bldg. Lance Frizzell Scott Gilmer Russell Humphrey Connie Ridley Joseph A. Barnes Catherine Haire

6017