53 Thursday, January 11, 2007 Third Organizational

THURSDAY, JANUARY 11, 2007

THIRD ORGANIZATIONAL DAY

The House met at 9:00 a.m. and was called to order by Mr. Speaker Naifeh.

The proceedings were opened with prayer by Representative Kevin Brooks.

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

ROLL CALL

The roll call was taken with the following results:

Present...... 98

Representatives present were Armstrong, Baird, Bass, Bell, Bibb, Bone, Borchert, Briley, Brooks H, Brooks K, Brown, Buck, Campfield, Casada, Cobb C, Cobb J, Coleman, Coley, Cooper, Crider, Curtiss, Dean, Deberry J, DeBerry L, Dubois, Dunn, Eldridge, Favors, Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Gresham, Hackworth, Harmon, Harrison, Harwell, Hawk, Hensley, Hill, Hood, Johnson C, Johnson P, Jones S, Jones U, Kelsey, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marrero, Matheny, Matlock, McCord, McCormick, McDaniel, McDonald, McManus, Miller, Montgomery, Moore, Mumpower, Neal, Niceley, Odom, Overbey, Pinion, Pitts, Pruitt, Rinks, Roach, Rowe, Rowland, Sargent, Shaw, Shepard, Sontany, Swafford, Tidwell, Tindell, Todd, Towns, Turner L, Turner M, Vaughn, Watson, West, Williams, Windle, Winningham, Yokley, Mr. Speaker Naifeh -- 98

EXCUSED

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

Representative Strader; illness.

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 Joint Resolution No. 29: Rep(s). Mumpower as prime sponsor(s).

House Joint Resolution No. 30: Rep(s). Mumpower as prime sponsor(s).

House Joint Resolution No. 31: Rep(s). Mumpower as prime sponsor(s).

53 THURSDAY, JANUARY 11, 2007 – THIRD ORGANIZATIONAL DAY

PERSONAL ORDERS

RECOGNITION IN THE WELL

Representatives Odom and Mumpower were recognized in the Well to discuss the upcoming House schedule.

RULES SUSPENDED

Rep. Odom moved that the rules be suspended for the purpose of introducing House Joint Resolution No. 29 out of order, which motion prevailed.

House Joint Resolution No. 29 -- General Assembly, Joint Conventions - Calls joint convention for purpose of inaugurating Honorable Phil Bredesen as governor on Saturday, January 20, 2007; recesses organizational session from close of business on January 11, 2007, until January 19, 2007; adjourns organizational session at close of joint convention on January 20, 2007, and convenes regular session immediately thereafter; and recesses regular session of house of representatives until January 29, 2007, and senate until February 5, 2007. by *Odom, *Mumpower.

On motion, the rules were suspended for the immediate consideration of the resolution.

On motion of Rep. Odom, the resolution was adopted.

A motion to reconsider was tabled.

RULES SUSPENDED

Rep. Odom moved that the rules be suspended for the purpose of introducing House Joint Resolution No. 30 out of order, which motion prevailed.

House Joint Resolution No. 30 -- General Assembly, Joint Conventions - State of the State address, February 5, 2007. by *Odom, *Mumpower.

On motion, the rules were suspended for the immediate consideration of the resolution.

On motion of Rep. Odom, the resolution was adopted.

A motion to reconsider was tabled.

RULES SUSPENDED

Rep. Odom moved that the rules be suspended for the purpose of introducing House Joint Resolution No. 31 out of order, which motion prevailed.

54 THURSDAY, JANUARY 11, 2007 – THIRD ORGANIZATIONAL DAY

House Joint Resolution No. 31 -- General Assembly, Joint Conventions - Calls joint convention on Friday, January 19, 2007, for purpose of fulfilling ethics course requirement for members of general assembly. by *Odom, *Mumpower.

On motion, the rules were suspended for the immediate consideration of the resolution.

On motion of Rep. Odom, the resolution was adopted.

A motion to reconsider was tabled.

RESOLUTIONS

Pursuant to Rule No. 17, the following resolution(s) was/were introduced and placed on the Consent Calendar for January 19, 2007:

House Joint Resolution No. 32 -- Memorials, Retirement - Jerry Pace. by *McCormick.

House Joint Resolution No. 33 -- Memorials, Sports - Jackson Christian School, Class 1A Football State Champions. by *Eldridge, *Shaw.

CONSENT CALENDAR

House Joint Resolution No. 7 -- Memorials, Personal Achievement - Joshua Thomas Farmer, Eagle Scout. by *DuBois.

House Joint Resolution No. 8 -- Memorials, Personal Achievement - Zachary T. Rice, Eagle Scout. by *DuBois.

House Joint Resolution No. 9 -- Memorials, Personal Achievement - Ronald Lee Embrey II, Eagle Scout. by *DuBois.

House Joint Resolution No. 10 -- Memorials, Personal Achievement - Jason M. Strickland, Eagle Scout. by *DuBois.

House Joint Resolution No. 11 -- Memorials, Personal Achievement - Abraham Anderson Wantland, Eagle Scout. by *DuBois.

House Joint Resolution No. 12 -- Memorials, Personal Achievement - James Clifton Sloan, Eagle Scout. by *DuBois.

House Joint Resolution No. 13 -- Memorials, Personal Achievement - Patrick Miles Garrison, Eagle Scout. by *DuBois.

House Joint Resolution No. 14 -- Memorials, Personal Achievement - Kyle Aubrey Anderson, Eagle Scout. by *DuBois.

House Joint Resolution No. 15 -- Memorials, Personal Achievement - Thomas Hardin Sneed, Eagle Scout. by *DuBois.

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House Joint Resolution No. 16 -- Memorials, Personal Achievement - Christopher J. Fitzgerald, Eagle Scout. by *DuBois.

House Joint Resolution No. 17 -- Memorials, Personal Achievement - Kody Todd Simmons, Eagle Scout. by *DuBois.

House Joint Resolution No. 18 -- Memorials, Personal Achievement - Corey Daniel Smelser, Eagle Scout. by *DuBois.

House Joint Resolution No. 19 -- Memorials, Personal Achievement - Ron L. Wuest, Eagle Scout. by *DuBois.

House Joint Resolution No. 20 -- Memorials, Personal Achievement - Damion Jacob Hardman, Eagle Scout. by *DuBois.

House Joint Resolution No. 21 -- Memorials, Personal Achievement - Tyler Jay Wunderlin, Eagle Scout. by *DuBois.

House Joint Resolution No. 22 -- Memorials, Personal Achievement - Joseph Michael Hill, Eagle Scout. by *DuBois.

House Joint Resolution No. 23 -- Memorials, Personal Achievement - Ryan Michael Higdon, Eagle Scout. by *DuBois.

House Joint Resolution No. 24 -- Memorials, Personal Achievement - Caleb John Farmer, Eagle Scout. by *DuBois.

House Joint Resolution No. 25 -- Memorials, Personal Achievement - Samuel Gray Holloway, Eagle Scout. by *DuBois.

House Joint Resolution No. 26 -- Memorials, Personal Achievement - James Richard Streeter, Eagle Scout. by *DuBois.

House Joint Resolution No. 27 -- Memorials, Death - Cecelia Antoinette Nabrit Adkins. by *DeBerry L.

House Joint Resolution No. 28 -- Memorials, Retirement - Sara L. Lewis. by *DeBerry L.

Rep. DuBois moved that all members voting aye on House Joint Resolution(s) No(s). 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26 be added as co-prime sponsors, which motion prevailed.

Rep. L. DeBerry moved that all members of the Shelby County delegation voting aye on House Joint Resolution(s) No(s). 27 and 28 be added as co-prime sponsors, which motion prevailed.

56 THURSDAY, JANUARY 11, 2007 – THIRD ORGANIZATIONAL DAY

Pursuant to Rule No. 50, Rep. Miller 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 ...... 98 Noes...... 0

Representatives voting aye were: Armstrong, Baird, Bass, Bell, Bibb, Bone, Borchert, Briley, Brooks H, Brooks K, Brown, Buck, Campfield, Casada, Cobb C, Cobb J, Coleman, Coley, Cooper, Crider, Curtiss, Dean, Deberry J, DeBerry L, Dubois, Dunn, Eldridge, Favors, Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Gresham, Hackworth, Harmon, Harrison, Harwell, Hawk, Hensley, Hill, Hood, Johnson C, Johnson P, Jones S, Jones U, Kelsey, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marrero, Matheny, Matlock, McCord, McCormick, McDaniel, McDonald, McManus, Miller, Montgomery, Moore, Mumpower, Neal, Niceley, Odom, Overbey, Pinion, Pitts, Pruitt, Rinks, Roach, Rowe, Rowland, Sargent, Shaw, Shepard, Sontany, Swafford, Tidwell, Tindell, Todd, Towns, Turner L, Turner M, Vaughn, Watson, West, Williams, Windle, Winningham, Yokley, Mr. Speaker Naifeh -- 98

A motion to reconsider was tabled.

UNFINISHED BUSINESS

ELECTION OF MEMBERS TO FISCAL REVIEW COMMITTEE

In accordance with Tennessee Code Annotated 3-7-101, the election of the Fiscal Review Committee is required during the Organizational Session.

Speaker Naifeh opened the floor for nominations.

Representative Rinks nominated Representatives Curtiss, Curt Cobb, Yokley, Pruitt and Shepard of the Democratic Party; the nomination was properly seconded.

Representative Casada nominated Representatives Todd, Rowland, Curtis Johnson and McCormick of the Republican Party; the nomination was properly seconded.

There being no other nominations from the floor, Representative Odom moved that the nominations cease and the nominees be elected by acclamation. The motion was seconded by Representative Mumpower.

Speaker Naifeh directed the Clerk to take the roll as follows:

Ayes ...... 98 Noes...... 0

57 THURSDAY, JANUARY 11, 2007 – THIRD ORGANIZATIONAL DAY

Having received a constitutional majority, Speaker Naifeh declared the members of the Fiscal Review Committee duly, legally and constitutionally elected for the ensuing two years.

ANNOUNCEMENTS

APPOINTMENT OF STANDING COMMITTEES

The Speaker announced the appointment of the Standing Committees of the House as follows:

AGRICULTURE: Chairman—Stratton Bone, Vice-Chairman—Willie Borchert Secretary—Robert Bibb; William Baird, Eddie Bass, Mike Bell, Chris Crider, Bill Dunn, Dale Ford, Delores Gresham, John Litz, Ron Lollar, Steve McDaniel, Johnny Shaw, Eric Swafford and John Mark Windle

CHILDREN AND FAMILY AFFAIRS: Chairman—John DeBerry, Vice-Chairman—Sherry Jones, Secretary—Beverly Marrero; Kevin Brooks, Tommie Brown, Glen Casada, Barbara Cooper, Joanne Favors, Richard Floyd, Matthew Hill, Brian Kelsey, Mark Maddox, Donna Rowland, Johnny Shaw, Mike Turner and Nathan Vaughn

COMMERCE: Chairman—Charles Curtiss, Vice-Chairman—David Shepard, Secretary—Curt Cobb; John DeBerry, Joanne Favors, Dennis Ferguson, Craig Fitzhugh, Brenda Gilmore, Jim Hackworth, Bill Harmon, David Hawk, Brian Kelsey, Jon Lundberg, Susan Lynn, Judd Matheny, Joe McCord, Gerald McCormick, Steve McManus, Richard Montgomery, Joe Pitts, Dennis Roach, Gary Rowe, Charles Sargent, Park Strader, Curry Todd, Joe Towns and Eddie Yokley

CONSERVATION: Chairman—Frank Buck, Vice-Chairman—John Tidwell, Secretary—Brenda Gilmore; William Baird, Willie Borchert, Richard Floyd, George Fraley, David Hawk, Mike Kernell, Joe McCord and Frank Niceley

CONSUMER AND EMPLOYEE AFFAIRS: Chairman—Mike McDonald, Vice-Chairman—Mike Turner, Secretary—Jim Hackworth; Kevin Brooks, Stacey Campfield, Glen Casada, Sherry Jones, Gary Moore, Frank Niceley, Donna Rowland and Larry Turner

EDUCATION: Chairman—Les Winningham, Vice-Chairman—Tommie Brown, Secretary—Joe Towns; Harry Brooks, Jim Coley, Barbara Cooper, Delores Gresham, Beth Harwell, John Hood, Phillip Johnson, Ulysses Jones, Ron Lollar, Mark Maddox, Gerald McCormick, Mike McDonald, Richard Montgomery, Larry Turner and John Mark Windle

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FINANCE, WAYS AND MEANS: Chairman—Craig Fitzhugh, Vice-Chairman—Harry Tindell, Secretary—Johnny Shaw; Joe Armstrong, Stratton Bone, Rob Briley, Harry Brooks, Tommie Brown, Kent Coleman, Charles Curtiss, Lois DeBerry, Bill Dunn, Mike Harrison, Beth Harwell, John Hood, Mark Maddox, Steve McDaniel, Larry Miller, Jason Mumpower, Gary Odom, Doug Overbey, Phillip Pinion, Randy Rinks, Dennis Roach, Charles Sargent, Janice Sontany, Nathan Vaughn and Kent Williams

GOVERNMENT OPERATIONS: Chairman—Mike Kernell, Vice-Chairman—Barbara Cooper, Secretary—Gary Rowe; Mike Bell, Stacey Campfield, Glen Casada, Jim Cobb, Lois DeBerry, Susan Lynn, Beverly Marrero, Jason Mumpower, Eddie Neal, Gary Odom, Randy Rinks and Eric Swafford

HEALTH AND HUMAN RESOURCES: Chairman—Joe Armstrong, Vice-Chairman—Mary Pruitt, Secretary—Joanne Favors; Jim Cobb, Chris Crider, John DeBerry, Lois DeBerry, Tom Dubois, Jimmy Eldridge, Dennis Ferguson, Mike Harrison, Joey Hensley, Sherry Jones, Debra Maggart, Beverly Marrero, Jason Mumpower, Gary Odom, Doug Overbey, David Shepard, Mike Turner and Kent Williams

JUDICIARY: Chairman—Rob Briley, Vice-Chairman—Kent Coleman, Secretary—Janice Sontany; Eddie Bass, Frank Buck, Tom Dubois, Henry Fincher, Jon Lundberg, Judd Matheny and Eric Watson

STATE AND LOCAL GOVERNMENT: Chairman—Ulysses Jones, Vice-Chairman—Eddie Yokley, Secretary—Gary Moore; Robert Bibb, Jim Coley, Vince Dean, Jimmy Eldridge, Joey Hensley, Curtis Johnson, John Litz, Jimmy Matlock, Steve McManus, Larry Miller, Joe Pitts, Mary Pruitt, Randy Rinks, Park Strader, Harry Tindell, Curry Todd and Ben West

TRANSPORTATION: Chairman—Phillip Pinion, Vice-Chairman—George Fraley, Secretary— Bill Harmon; Curt Cobb, Vince Dean, Henry Fincher, Dale Ford, Matthew Hill, Curtis Johnson, Phillip Johnson, Debra Maggart, Jimmy Matlock, Eddie Neal, John Tidwell, Nathan Vaughn, Ben West, Les Winningham and Eric Watson

CALENDAR AND RULES: Chairman—Larry Miller, Vice-Chairman—John Hood, Secretary— Nathan Vaughn

APPOINTMENT OF DEPUTY SPEAKER

The Speaker appointed Representative Larry Turner as Deputy Speaker of the House of Representatives.

RECOGNITION IN THE WELL

Rep. Mumpower was recognized in the Well for remarks and requested that the same be spread upon the House Journal as follows:

REMARKS BY REPRESENTATIVE MUMPOWER

Mr. Speaker, I’ve heard it said that “great minds discuss ideas. Average minds discuss things. [And,] small minds discuss people.”

59 THURSDAY, JANUARY 11, 2007 – THIRD ORGANIZATIONAL DAY

I rise today, not to discuss people, those of us who were—or who were not—assigned to various committees of the House or appointed committee chairmen.

Rather, it is a new day in the Tennessee legislature. A day to move forward in the discussion and debate of ideas. Ideas that the people of Tennessee, through their votes, have spoken up to support and endorse. These are conservative ideas and principles of smaller, more efficient government; family values; and personal responsibility.

In the recent elections, Republicans nationwide faced a tidal wave of defeat, losing the majority in both the United States House and United States Senate, and losing almost 300 Republican state house members across the nation.

Many political pundits thought the same would be true for the Tennessee House. With House Republicans entering elections facing a deficit of 9 seats vacated by the retirement of our incumbents, some predicted we would return with only 40 Republican members of this body.

But, Mr. Speaker, and members, House Republicans took a stand on those issues of importance to our constituents and we asked for their trust in our efforts to stand up for their values and beliefs.

And now, House Republicans in Tennessee, not having lost one single seat in this chamber, have a mandate from the citizens in our districts to reform the state’s immigration laws, to improve our state’s education system, and to make sure Tennessee is a low tax state. Let me make clear, a statewide property tax is a non-starter in the House Republican Caucus.

Many of you across the aisle also campaigned on similar promises of no new taxes, improving education, and putting an end to the problems caused by illegal immigration. We look forward to working with each of you, in a bi-partisan manner, to advance these conservative ideas. We will be bringing this legislation before your committees, Mr. Chairman. And, we hope to have your support.

As you pointed out Mr. Speaker, each member of the House represents about the same number of Tennesseans—57,000 people who have put their trust in each one of us. And through that election by the people of their district, each member deserves equal respect by all of us in this body. And it is with that sense of respect, I believe the House can truly work together to bring about the exchange of ideas expected by our constituents—a debate of ideas that will result in good legislation that will move Tennessee forward for generations to come.

House Republicans also look forward to working with our new leadership in the state Senate, who will be strong partners with us in these efforts.

And as I close, Mr. Speaker, I recognize for myself and wish to highlight for all members here, that according to Niccolò Machiavelli, “It ought to be remembered that there is nothing more difficult to take in hand, more perilous to conduct, or more uncertain in its success, than to take the lead in the introduction of a new order of things. Because the innovator has for his enemies all those who have done well under the old conditions, and lukewarm defenders in those who may do well under the new. This coolness arises partly from fear of the opponents, who have the laws on their side, and partly from the incredulity of men, who do not readily believe in new things until they have had a long experience of them.”

60 THURSDAY, JANUARY 11, 2007 – THIRD ORGANIZATIONAL DAY

House Republicans have certainly had long experience with the old conditions of state government. But, a new dawn has risen and a new order of things is at hand. And I, on behalf of the House Republicans, am anxious and ready for the challenge of leading change and am confident in our success.

Mr. Speaker, I ask the clerk to spread these remarks on the journal and thank the members for their patience.

BILLS REFERRED

The following items held on the Clerk’s desk pending appointment of the standing committees were referred to the appropriate standing committee as follows:

House Bill No. 1 -- Taxes, Real Property -- House State and Local Government Committee

House Bill No. 2 -- Sexual Offenders -- House Judiciary Committee

House Bill No. 3 -- Highway Signs -- House Transportation Committee

*House Bill No. 4 -- Roane County -- Local Bill Held on House Desk

*House Bill No. 5 -- Statutes and Codification -- House Judiciary Committee

MESSAGE FROM THE SENATE January 11, 2007

MR. SPEAKER: I am directed to return to the House, House Joint Resolution(s) No(s). 1 and 2; signed by the Speaker.

RUSSELL A. HUMPHREY, Chief Clerk.

ENGROSSED BILLS January 11, 2007

The following bill(s) have been examined, engrossed, and are ready for transmission to the Senate: House Joint Resolution(s) No(s). 5.

BETTY KAY FRANCIS, Chief Engrossing Clerk.

MESSAGE FROM THE SENATE January 11, 2007

MR. SPEAKER: I am directed to return to the House, House Joint Resolution(s) No(s). 6; concurred in by the Senate.

RUSSELL A. HUMPHREY, Chief Clerk.

61 THURSDAY, JANUARY 11, 2007 – THIRD ORGANIZATIONAL DAY

ENGROSSED BILLS January 11, 2007

The following bill(s) have been examined, engrossed, and are ready for transmission to the Senate: House Joint Resolution(s) No(s). 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and 31.

BETTY KAY FRANCIS, Chief Engrossing Clerk.

MESSAGE FROM THE SENATE January 11, 2007

MR. SPEAKER: I am directed to return to the House, House Joint Resolution(s) No(s). 5, 31, 30 and 29; all concurred in by the Senate.

RUSSELL A. HUMPHREY, Chief Clerk.

REPORT OF CHIEF ENGROSSING CLERK January 11, 2007

The following bill(s) have been transmitted to the Governor for his action: House Joint Resolution(s) No(s). 1 and 2.

BETTY KAY FRANCIS, Chief Engrossing Clerk.

ENROLLED BILLS January 11, 2007

The following bill(s) have been compared, enrolled, and are ready for the signature(s) of the Speaker(s): House Joint Resolution(s) No(s). 5, 6, 29, 30 and 31.

BETTY KAY FRANCIS, Chief Engrossing Clerk.

SIGNED January 11, 2007

The Speaker signed the following: House Joint Resolution(s) No(s). 5, 6, 29, 30 and 31.

BETTY KAY FRANCIS, Chief Engrossing Clerk.

ROLL CALL

The roll call was taken with the following results:

Present...... 98

62 THURSDAY, JANUARY 11, 2007 – THIRD ORGANIZATIONAL DAY

RECESS MOTION

On motion of Rep. Odom, and pursuant to House Joint Resolution No. 31, the House stood in recess until 2:00 p.m., Friday, January 19, 2007.