2755 Senate Journal of The

SENATE JOURNAL

OF THE

ONE HUNDRED SIXTH GENERAL ASSEMBLY

OF THE

STATE OF TENNESSEE

SECOND REGULAR SESSION

TUESDAY, JANUARY 12, 2010

FORTY-SEVENTH LEGISLATIVE DAY

CALL TO ORDER The Senate of the One Hundred Sixth General Assembly of the State of Tennessee was called to order at twelve o'clock noon by Mr. Speaker Ramsey, pursuant to House Joint Resolution No. 700 , and in accordance with Article II, Sections 3 and 8 of the Constitution of the State of Tennessee.

PRAYER

The proceedings were opened with prayer by Mr. Jack and Ms. Lee Brown of Capital Prayers Shield in Nashville, Tennessee, a guest of Senator Gresham.

PLEDGE OF ALLEGIANCE

Senator Norris led the Senate in the Pledge of Allegiance to the Flag.

COMMUNICATION

July 28, 2009

The Honorable Ron Ramsey Lieutenant Governor 1 Legislative Plaza Nashville, Tennessee 37243

Dear Governor Ramsey:

It has been an honor to serve with you in the State Senate in the 105th and 106th General Assemblies. Due to recent events, I have decided to focus my full attention on my family and resign my Senate seat effective August 10, 2009.

Thank you for your service as our Speaker of the Senate and Lieutenant Governor.

Respectfully yours,

/s/ Paul Stanley Senate District 31

2755 TUESDAY, JANUARY 12, 2010 -- 47TH LEGISLATIVE DAY

NOTICE REPORT OF THE SECRETARY OF STATE ELECTION RESULTS FOR SENATE SEAT 31

The report was received and filed with the Clerk. APPOINTMENT OF SENATOR Pursuant to the resignation of the Honorable Paul Stanley, Senator of the 31st Senatorial District, the following communication was spread upon the Journal: STATE OF TENNESSEE COUNTY OF SHELBY COUNTY COMMISSION MEETING December 10, 2009 Mr. Mark Goins, State Coordinator of Elections Secretary of State's Office – Division of Elections 9th Floor, William R. Snodgrass Tower 312 Eighth Avenue North Nashville, TN 37243 Dear Sir: We, the undersigned members of the Shelby County Election Commission, do hereby certify that on Tuesday, December 1, 2009, a Republican and Democratic Primary Election in Tennessee House District 83 and a General Election in Senate District 31 were held in all of the proper voting precincts in Shelby County, Tennessee. We do hereby further certify, that pursuant to Sec. 2-8-104, T.C.A., we have canvassed the returns of said elections as required by law; and that the following official tabulation, is a true, correct and complete accounting of the results of said elections as established by the canvassing of the returns, this the 10th of December, 2009. Sincerely, Shelby County Election Commission /s/ Bill Giannini, Chairman /s/ Robert D. Meyers Myra Stiles, Secretary /s/ Brian Stephens COMMUNICATION January 12, 2010 The Honorable Ronald Ramsey Speaker of the Senate & Lieutenant Governor 1 Legislative Plaza Nashville, TN 37243 Dear Mr. Speaker: On December 1, 2009, Mr. Brian Kelsey was duly and constitutionally elected as the State Senator for the Thirty-First Senatorial District. This election was certified by the Shelby County Election Commission on December 10, 2009.

2756 TUESDAY, JANUARY 12, 2010 -- 47TH LEGISLATIVE DAY

I certify to you that on December 11, 2009, Mr. Brian Kelsey was properly administered the oath of office by Chief Justice Janice Holder of the Tennessee Supreme Court, and assumed his office as State Senator.

With kindest regards, I am

Yours truly,

/s/ Russell Humphrey Chief Clerk of the Senate

ROLL CALL

The roll call was taken with the following results:

Present ...... 32

Senators present were: Barnes, Beavers, Berke, Black, Bunch, Burchett, Burks, Crowe, Faulk, Finney, Gresham, Harper, Haynes, Henry, Herron, Jackson, Johnson, Kelsey, Ketron, Kyle, Marrero, McNally, Norris, Overbey, Southerland, Stewart, Tate, Tracy, Watson, Woodson, Yager and Mr. Speaker Ramsey--32.

COMMUNICATION

January 12, 2010

Lt. Governor Ron Ramsey Speaker of the Senate 1 Legislative Plaza Nashville, TN 37243

Dear Lt. Governor Ramsey,

It is with great disappointment that I will not be in attendance today at the convention of the 106th General Assembly Second Regular Session and First Extraordinary Session. I am currently dealing with problematic flu-like symptoms and I do not want to expose any harm to my colleagues or the general public. It is my desire that all goes well, as I am sure it will.

Sincerely,

/s/ Senator Ophelia Ford State Senator, District 29

APPROVED: Lieutenant Governor Ron Ramsey

MOTION

Senator Norris moved, pursuant to Rule 32 and Article II, Section 18 of the Constitution of the State of Tennessee, Senate Bills Nos. 2383 through 2487 be passed on first consideration, which motion prevailed.

2757 TUESDAY, JANUARY 12, 2010 -- 47TH LEGISLATIVE DAY

INTRODUCTION OF BILLS

The Speaker announced that the following bills were filed for introduction and passed first consideration:

Senate Bill No. 2383 by Senator Beavers. Workers' Compensation -- As introduced, removes requirement that certain sole proprietors and certain partnerships engaged in the construction industry carry workers' compensation coverage. Amends TCA Title 50, Chapter 6.

Senate Bill No. 2384 by Senator Beavers. Workers' Compensation -- As introduced, removes requirement that certain sole proprietors and certain partnerships engaged in the construction industry carry workers' compensation coverage. Amends TCA Title 50 and Title 56.

Senate Bill No. 2385 by Senator Burks. Education -- As introduced, creates a statewide articulation and transfer council and requires the council to develop and oversee programs of articulation and transfer of courses and common course numbering between public secondary and postsecondary institutions and those members of the Tennessee Independent Colleges and Universities Association that choose to participate. Amends TCA Title 49, Chapter 15 and Title 49, Chapter 7.

Senate Bill No. 2386 by Senator Johnson. Highways, Roads and Bridges -- As introduced, designates bridge on State Route 6 in Williamson County as the "Judson E. Mount Memorial Bridge".

Senate Bill No. 2387 by Senator Jackson. Sentencing -- As introduced, requires person convicted of aggravated robbery with a deadly weapon and especially aggravated robbery to be sentenced to community supervision for life; requires GPS monitoring of such person during term of supervision. Amends TCA Title 39, Chapter 13, Part 4.

Senate Bill No. 2388 by Senator Jackson. Sexual Offenses -- As introduced, adds offense of aggravated rape of a child to list of offenses for which offender is required to be sentenced to community supervision for life. Amends TCA Title 39, Chapter 13, Part 5.

Senate Bill No. 2389 by Senator Jackson. Sentencing -- As introduced, adds as a factor by which a defendant's sentence can be enhanced that offense was committed while in possession of or using a firearm and, at time of the offense, the defendant had a handgun carry permit. Amends TCA Title 39, Chapter 17, Part 13 and Title 40, Chapter 35.

Senate Bill No. 2390 by Senator Jackson. Firearms and Ammunition -- As introduced, allows person without handgun carry permit to transport rifle or shotgun in privately-owned motor vehicle provided there is no ammunition in the chamber or cylinder and no loaded clip or magazine in the weapon or in close proximity to the weapon. Amends TCA Title 39, Chapter 17, Part 13.

Senate Bill No. 2391 by Senator Jackson. Firearms and Ammunition -- As introduced, removes the authority of the governor to commandeer or limit the sale or transportation of firearms, ammunition, or firearm or ammunition components during a state of emergency, major disaster, or natural disaster. Amends TCA Title 58, Chapter 2, Part 1.

2758 TUESDAY, JANUARY 12, 2010 -- 47TH LEGISLATIVE DAY

Senate Bill No. 2392 by Senator Jackson. Capital Punishment -- As introduced, adds murder committed against a pregnant woman as an aggravating factor for purposes of imposing death sentence in first degree murder cases. Amends TCA Title 39 and Title 40.

Senate Bill No. 2393 by Senator Black. Sexual Offenders -- As introduced, adds certain violent juvenile sexual offenders to the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act. Amends TCA Title 40, Chapter 39.

Senate Bill No. 2394 by Senator Black. Sexual Offenders -- As introduced, rewrites various provisions of the Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004. Amends TCA Title 40, Chapter 39.

Senate Bill No. 2395 by Senator Black. Juvenile Offenders -- As introduced, adds aggravated rape of a child to the list of offenses for which a juvenile can be transferred from juvenile court to adult court. Amends TCA Title 37; Title 39 and Title 40.

Senate Bill No. 2396 by Senator Watson. Funeral Directors and Embalmers -- As introduced, grants reciprocity for licensure to embalmers from other states with equivalent experience and qualifications. Amends TCA Title 62, Chapter 5, Part 3.

Senate Bill No. 2397 by Senator Watson. Motor Vehicles -- As introduced, requires insurance company to provide an insured notice concerning the status of the insured's wrecked or damaged passenger motor vehicle and an opportunity to choose whether to retain such vehicle. Amends TCA Title 55, Chapter 3, Part 2.

Senate Bill No. 2398 by Senator Watson. Public Health -- As introduced, enacts the "Ice Cream Truck Worker Registration Act". Amends TCA Title 40; Title 53; Title 55 and Title 68.

Senate Bill No. 2399 by Senator Watson. Insurance, Motor Vehicles -- As introduced, deletes the ability of any insured to reject uninsured motorist coverage thereby requiring every motor vehicle insurance policy to include uninsured motorist coverage. Amends TCA Title 56, Chapter 7, Part 12.

Senate Bill No. 2400 by Senator Watson. Alcoholic Offenses -- As introduced, increases the penalty for the offense of boating under the influence of an intoxicant to approximate DUI penalties. Amends TCA Title 39; Title 55 and Title 69.

Senate Bill No. 2401 by Senator Watson. Mining and Quarrying -- As introduced, includes all minerals under provision clarifying interpretation of property conveyances and requires permitting for rock harvesting. Amends TCA Title 59, Chapter 8, Part 2; Section 66-5-102 and Title 69, Chapter 3, Part 1.

Senate Bill No. 2402 by Senator Watson. Annexation -- As introduced, requires election to be held by voters who reside in territory proposed for annexation for ordinance initiated by municipality to become operative; restores the right to trial

2759 TUESDAY, JANUARY 12, 2010 -- 47TH LEGISLATIVE DAY by jury in quo warranto actions contesting the validity of municipal annexation. Amends TCA Title 6, Chapter 51 and Title 6, Chapter 58.

Senate Bill No. 2403 by Senator Southerland. Solid Waste Disposal -- As introduced, requires generators of mercury-added consumer products to remove such products from the stream of solid waste disposal. Amends TCA Title 68, Chapter 211.

Senate Bill No. 2404 by Senator Southerland. Appropriations -- As introduced, appropriates $100,000 from the solid waste management fund to Department of Environment and Conservation for removal of tires and associated debris from Nolichucky River.

Senate Bill No. 2405 by Senator Southerland. Traffic Safety -- As introduced, requires municipalities to consider the number of accidents and red light violations at an intersection before installing a traffic violation surveillance camera. Amends TCA Section 55-8-198.

Senate Bill No. 2406 by Senator Southerland. Pensions and Retirement Benefits -- As introduced, permits employees who, as of January 1, 2011, have five or more years of creditable service in an optional retirement system of a state institution of higher education to transfer membership from the optional system to TCRS; provided, that the employee makes application and the specified lump sum payment for transfer of the creditable service by December 31, 2011. Amends TCA Title 8, Chapter 34; Title 8, Chapter 35; Title 8, Chapter 36 and Title 8, Chapter 37.

Senate Bill No. 2407 by Senator Burks. Education -- As introduced, requires the State Board of Education, THEC, TBR, and the UT board of trustees to provide video streaming over the Internet of the board meetings of each entity. Amends TCA Title 49.

Senate Bill No. 2408 by Senators Gresham, Henry, Watson, Bunch, McNally, Norris, Woodson, Berke, Ketron and Tate. Education -- As introduced, terminates the Select Oversight Committee on Education and transfers its duties and responsibilities to the Education Committees of the Senate and the House of Representatives. Amends TCA Section 3-15-207; Title 3, Chapter 15, Part 3; Section 41-21-238 and Title 49.

Senate Bill No. 2409 by Senator Faulk. Unemployment Compensation -- As introduced, excludes periods of temporary total disability under the workers' compensation law from calculation of base period for purposes of unemployment compensation. Amends TCA Title 50, Chapter 6 and Title 50, Chapter 7.

Senate Bill No. 2410 by Senator Faulk. Grainger County -- As introduced, exempts firefighters located within the unincorporated area of Grainger County and any municipality located within Grainger County from the minimum training requirements unless the governing body of a municipality or the county adopts a resolution to apply such requirements within their respective jurisdictional boundaries. Amends TCA Section 4-24-112.

Senate Bill No. 2411 by Senator Faulk. Firefighters -- As introduced, removes the exemption for Hawkins County from the minimum training requirements for firefighters. Amends TCA Section 4-24-112.

2760 TUESDAY, JANUARY 12, 2010 -- 47TH LEGISLATIVE DAY

Senate Bill No. 2412 by Senator Southerland. Water Resources -- As introduced, establishes standards for drawing samples to test water quality of the Pigeon River and requires such samples be used as the primary data for analysis of the river's water quality. Amends TCA Title 69, Chapter 3.

Senate Bill No. 2413 by Senator Southerland. Food and Food Products -- As introduced, classifies the manufacture, sale, or delivery, holding or offering for sale of any juice or dairy product packaged in a bleached paperboard container as a violation of the Tennessee Food, Drug and Cosmetic Act, violation of which is a Class C misdemeanor. Amends TCA Title 53, Chapter 1.

Senate Bill No. 2414 by Senator Marrero. Housing -- As introduced, requires housing authorities to give priority in renting or leasing dwelling accommodations to persons who were in the custody of the Department of Children's Services on the person's 18th birthday. Amends TCA Title 13, Chapter 20.

Senate Bill No. 2415 by Senator Marrero. Parks, Natural Areas Preservation -- As introduced, designates Old Forest in Shelby County as a Class II Natural-Scientific Area. Amends TCA Section 11-14-108.

Senate Bill No. 2416 by Senator Gresham. Education -- As introduced, requires State Board of Education to develop and adopt teacher code of ethics to be used in defining conduct unbecoming to a member of the teaching profession. Amends TCA Title 49, Chapter 1, Part 3 and Title 49, Chapter 5.

Senate Bill No. 2417 by Senator Norris. Statutes and Codification -- As introduced, codifies the acts of the 2009 legislative session.

Senate Bill No. 2418 by Senators Watson and Johnson. Administrative Procedure (UAPA) -- As introduced, removes authority of the Government Operations Committees to stay the running of the period between the time a rule is filed with the secretary and the rule's effective date. Amends TCA Title 4, Chapter 5.

Senate Bill No. 2419 by Senators Watson and Johnson. Sunset Laws -- As introduced, extends board of land survey examiners, June 30, 2011. Amends TCA Title 4, Chapter 29 and Title 62, Chapter 18, Part 1.

Senate Bill No. 2420 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends Great Smoky Mountain parks commission, June 30, 2016. Amends TCA Title 4, Chapter 29, Part 2 and Title 11, Chapter 19, Part 1.

Senate Bill No. 2421 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends public livestock market board, June 30, 2011. Amends TCA Title 4, Chapter 29, Part 2 and Title 44, Chapter 12, Part 1.

Senate Bill No. 2422 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends southeast interstate forest fire protection compact, June 30, 2017. Amends TCA Title 4, Chapter 29, Part 2 and Title 11, Chapter 4, Part 5.

2761 TUESDAY, JANUARY 12, 2010 -- 47TH LEGISLATIVE DAY

Senate Bill No. 2423 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends Tellico reservoir development agency, June 30, 2016. Amends TCA Title 4, Chapter 29, Part 2 and Title 64, Chapter 1, Part 7.

Senate Bill No. 2424 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends wildlife resources commission, June 30, 2014. Amends TCA Title 4, Chapter 29 and Title 70, Chapter 1.

Senate Bill No. 2425 by Senators Watson and Johnson. Sunset Laws -- As introduced, extends board of barber examiners, June 30, 2011. Amends TCA Title 4, Chapter 29 and Title 62, Chapter 3, Part 1.

Senate Bill No. 2426 by Senators Watson and Johnson. Sunset Laws -- As introduced, extends board of cosmetology, June 30, 2011. Amends TCA Title 4, Chapter 29 and Title 62, Chapter 4, Part 1.

Senate Bill No. 2427 by Senators Watson and Johnson. Sunset Laws -- As introduced, extends collection service board, June 30, 2011. Amends TCA Title 4, Chapter 29 and Title 62, Chapter 20, Part 1.

Senate Bill No. 2428 by Senators Watson and Johnson. Sunset Laws -- As introduced, extends board of examiners for architects and engineers, June 30, 2011. Amends TCA Title 4, Chapter 29 and Title 62, Chapter 2, Part 2.

Senate Bill No. 2429 by Senators Watson and Johnson. Sunset Laws -- As introduced, extends board of funeral directors and embalmers, June 30, 2011. Amends TCA Title 4, Chapter 29 and Title 62, Chapter 5, Part 2.

Senate Bill No. 2430 by Senators Watson and Johnson. Sunset Laws -- As introduced, extends state board for licensing contractors, June 30, 2014. Amends TCA Title 4, Chapter 29 and Title 62, Chapter 6.

Senate Bill No. 2431 by Senators Watson and Johnson. Sunset Laws -- As introduced, extends the private investigation and polygraph commission, June 30, 2011. Amends TCA Title 4, Chapter 29 and Title 62, Chapter 26.

Senate Bill No. 2432 by Senators Watson and Johnson. Sunset Laws -- As introduced, extends private protective services advisory committee, June 30, 2011. Amends TCA Title 4, Chapter 29 and Title 62, Chapter 35.

Senate Bill No. 2433 by Senators Watson and Johnson. Sunset Laws -- As introduced, extends real estate appraiser commission, June 30, 2011. Amends TCA Title 4, Chapter 29 and Title 62, Chapter 39.

Senate Bill No. 2434 by Senators Watson and Johnson. Sunset Laws -- As introduced, extends real estate commission, June 30, 2011. Amends TCA Title 4, Chapter 29 and Title 62, Chapter 13.

Senate Bill No. 2435 by Senators Watson and Johnson. Sunset Laws -- As introduced, extends the Tennessee athletic commission, June 30, 2014. Amends TCA Title 4, Chapter 29, Part 2 and Title 68, Chapter 115, Part 1.

2762 TUESDAY, JANUARY 12, 2010 -- 47TH LEGISLATIVE DAY

Senate Bill No. 2436 by Senators Watson and Johnson. Sunset Laws -- As introduced, extends Tennessee auctioneer commission, June 30, 2011. Amends TCA Title 4, Chapter 29 and Title 62, Chapter 19.

Senate Bill No. 2437 by Senators Watson and Bunch. Sunset Laws -- As introduced, extends compact for education, June 30, 2013. Amends TCA Title 4, Chapter 29, Part 2 and Title 49, Chapter 12, Part 2.

Senate Bill No. 2438 by Senators Watson and Bunch. Sunset Laws -- As introduced, extends southern regional education compact, June 30, 2014. Amends TCA Title 4, Chapter 29, Part 2 and Title 49, Chapter 12, Part 1.

Senate Bill No. 2439 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends advisory board for rehabilitation centers, June 30, 2016. Amends TCA Title 4, Chapter 29, Part 2 and Title 49, Chapter 11, Part 7.

Senate Bill No. 2440 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends board of athletic trainers, June 30, 2011. Amends TCA Title 4, Chapter 29 and Title 63, Chapter 24, Part 1.

Senate Bill No. 2441 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends the board of chiropractic examiners, June 30, 2013. Amends TCA Title 4, Chapter 29, Part 2 and Title 63, Chapter 4, Part 1.

Senate Bill No. 2442 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends the board of communication disorders and sciences, June 30, 2013. Amends TCA Title 4, Chapter 29, Part 2 and Title 63, Chapter 17, Part 1.

Senate Bill No. 2443 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends the board of dietitian/nutritionist examiners, June 30, 2011. Amends TCA Title 4, Chapter 29 and Title 63, Chapter 25, Part 1.

Senate Bill No. 2444 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends the board of dentistry, June 30, 2013. Amends TCA Title 4, Chapter 29, Part 2 and Title 63, Chapter 5, Part 1.

Senate Bill No. 2445 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends the board of examiners for nursing home administrators, June 30, 2011. Amends TCA Title 4, Chapter 29 and Title 63, Chapter 16, Part 1.

Senate Bill No. 2446 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends the board of examiners in psychology, June 30, 2013. Amends TCA Title 4, Chapter 29, Part 2 and Title 63, Chapter 11, Part 1.

Senate Bill No. 2447 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends the board of medical examiners, June 30, 2013. Amends TCA Title 4, Chapter 29, Part 2 and Title 63, Chapter 6, Part 1.

Senate Bill No. 2448 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends the board of medical examiners' committee on physician assistants, June 30, 2013. Amends TCA Title 4, Chapter 29, Part 2 and Title 63, Chapter 19, Part 1.

2763 TUESDAY, JANUARY 12, 2010 -- 47TH LEGISLATIVE DAY

Senate Bill No. 2449 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends the board of nursing, June 30, 2011. Amends TCA Title 4, Chapter 29 and Title 63, Chapter 7, Part 2.

Senate Bill No. 2450 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends the board of optometry, June 30, 2013. Amends TCA Title 4, Chapter 29, Part 2 and Title 63, Chapter 8, Part 1.

Senate Bill No. 2451 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends board of pharmacy, June 30, 2013. Amends TCA Title 4, Chapter 29 and Title 63, Chapter 10.

Senate Bill No. 2452 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends board of podiatric medical examiners, June 30, 2013. Amends TCA Title 4, Chapter 29 and Title 63, Chapter 3.

Senate Bill No. 2453 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends board of respiratory care, June 30, 2013. Amends TCA Title 4, Chapter 29 and Title 63, Chapter 27.

Senate Bill No. 2454 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends the board of veterinary medical examiners, June 30, 2013. Amends TCA Title 4, Chapter 29 and Title 63, Chapter 12.

Senate Bill No. 2455 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends the committee for clinical perfusionists, June 30, 2013. Amends TCA Title 4, Chapter 29 and Title 63, Chapter 28.

Senate Bill No. 2456 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends the council for hearing instrument specialists, June 30, 2011. Amends TCA Title 4, Chapter 29 and Title 63, Chapter 17.

Senate Bill No. 2457 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends council of certified professional midwifery, June 30, 2011. Amends TCA Title 4, Chapter 29 and Title 63, Chapter 29.

Senate Bill No. 2458 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends council on children's mental health care, June 30, 2014. Amends TCA Title 4, Chapter 29, Part 2 and Title 37, Chapter 3, Part 1.

Senate Bill No. 2459 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends emergency medical services board, June 30, 2013. Amends TCA Title 4, Chapter 29 and Title 68, Chapter 140.

Senate Bill No. 2460 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends interstate compact on mental health, June 30, 2016. Amends TCA Title 4, Chapter 29, Part 2 and Title 33, Chapter 9, Part 2.

Senate Bill No. 2461 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends the massage licensure board, June 30, 2012. Amends TCA Title 4, Chapter 29 and Title 63, Chapter 18.

2764 TUESDAY, JANUARY 12, 2010 -- 47TH LEGISLATIVE DAY

Senate Bill No. 2462 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends the polysomnographic professional standards committee, June 30, 2012. Amends TCA Title 4, Chapter 29 and Title 63, Chapter 31.

Senate Bill No. 2463 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends the Tennessee advisory committee for acupuncture, June 30, 2013. Amends TCA Title 4, Chapter 29 and Title 63, Chapter 6, Part 10.

Senate Bill No. 2464 by Senators Watson and Crowe. Sunset Laws -- As introduced, extends the Tennessee medical laboratory board, June 30, 2013. Amends TCA Title 4, Chapter 29 and Title 68, Chapter 29.

Senate Bill No. 2465 by Senators Watson and Bunch. Sunset Laws -- As introduced, extends alcoholic beverage commission, June 30, 2010. Amends TCA Title 4, Chapter 29 and Title 57, Chapter 1.

Senate Bill No. 2466 by Senators Watson and Bunch. Sunset Laws -- As introduced, extends sex offender treatment board, June 30, 2011. Amends TCA Title 4, Chapter 29 and Title 39, Chapter 13, Part 7.

Senate Bill No. 2467 by Senator Watson. Sunset Laws -- As introduced, extends Tennessee medical examiner advisory council, June 30, 2013. Amends TCA Title 4, Chapter 29 and Title 38, Chapter 7, Part 2.

Senate Bill No. 2468 by Senators Watson and Bunch. Sunset Laws -- As introduced, extends Tennessee bureau of investigation, June 30, 2014. Amends TCA Title 4, Chapter 29 and Title 38, Chapter 6.

Senate Bill No. 2469 by Senators Watson and Bunch. Sunset Laws -- As introduced, removes Watkins Institute commission from sunset law. Amends TCA Title 4, Chapter 29 and Title 49, Chapter 50, Part 7.

Senate Bill No. 2470 by Senators Watson and Johnson. Sunset Laws -- As introduced, extends department of veterans affairs, June 30, 2014. Amends TCA Title 4, Chapter 29, Part 2 and Title 4, Chapter 3, Part 1.

Senate Bill No. 2471 by Senators Watson and Johnson. Sunset Laws -- As introduced, extends the advisory council on workers' compensation, June 30, 2010. Amends TCA Title 4, Chapter 29 and Title 50, Chapter 6.

Senate Bill No. 2472 by Senators Watson and Johnson. Administrative Procedure (UAPA) -- As introduced, continues certain permanent rules filed with secretary of state after January 1, 2009. Amends TCA Title 4, Chapter 5.

Senate Bill No. 2473 by Senators Watson and Johnson. Sunset Laws -- As introduced, extends certain governmental entities subject to termination on June 30, 2010. Amends TCA Title 4, Chapter 29.

Senate Bill No. 2474 by Senators Watson and Johnson. State Government -- As introduced, requires joint evaluation committees to meet at least quarterly. Amends TCA Title 4, Chapter 29.

2765 TUESDAY, JANUARY 12, 2010 -- 47TH LEGISLATIVE DAY

Senate Bill No. 2475 by Senators Watson and Johnson. Education -- As introduced, requires LEAs to report upon the long-term effects of school sports on the health of students. Amends TCA Title 49.

Senate Bill No. 2476 by Senators Watson and Johnson. Correction, Dept. of -- As introduced, requires commissioner to report the death of any person in custody of the members of the general assembly representing such person within five business days of such death rather than 10 days, with additional requirement that the report include the department facility where the death occurred. Amends TCA Title 4.

Senate Bill No. 2477 by Senators Watson and Johnson. 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.

Senate Bill No. 2478 by Senators Watson and Johnson. Administrative Procedure (UAPA) -- As introduced, requires each state agency head to complete periodic training for purposes of complying with the provisions of the Regulatory Flexibility Act. Amends TCA Title 4, Chapter 5.

Senate Bill No. 2479 by Senators Watson and Johnson. Governor -- As introduced, requires governor to submit legislation to revise TCA to reflect changes in governmental structure made by executive order. Amends TCA Title 4.

Senate Bill No. 2480 by Senator Gresham. Education -- As introduced, requires local boards of education to give preference to parent's request in classroom placement of multiple birth siblings. Amends TCA Section 49-6-3102.

Senate Bill No. 2481 by Senator Gresham. Sexual Offenses -- As introduced, increases the criminal classification of a third or subsequent conviction for prostitution from a Class A or B misdemeanor to a Class E felony. Amends TCA Title 39.

Senate Bill No. 2482 by Senator Gresham. Education -- As introduced, requires Department of Education, office of early learning to disseminate its annual report on the voluntary pre-K program to the public via its Web site. Amends TCA Title 49, Chapter 3 and Title 49, Chapter 6, Part 1.

Senate Bill No. 2483 by Senator Gresham. Highway Signs -- As introduced, "PFC Cleabern W. Hill, Jr. Memorial Highway", segment of State Route 142 in McNairy County.

Senate Bill No. 2484 by Senator Burks. Criminal Procedure -- As introduced, provides that the procedure established in the general property forfeiture law also applies to property subject to forfeiture because of its use in an offense involving sexual exploitation of children and designates the Department of Safety as the applicable agency for these forfeitures. Amends TCA Title 39, Chapter 17, Part 10 and Title 40, Chapter 33, Part 2.

Senate Bill No. 2485 by Senator Burks. Highway Signs -- As introduced, provides for erection of directional signs to U.S. Chess Federation on Interstate 40 in Cumberland County at Exit 320.

2766 TUESDAY, JANUARY 12, 2010 -- 47TH LEGISLATIVE DAY

Senate Bill No. 2486 by Senator Faulk. Beer -- As introduced, prohibits issuing or renewing licenses to sell beer off-premises to persons selling beer through drive-up or drive-through windows or curb service. Amends TCA Title 57, Chapter 5, Part 1.

Senate Bill No. 2487 by Senator Faulk. Claiborne County -- As introduced, exempts firefighters located within the unincorporated area of Claiborne County and any municipality located within Claiborne County from the minimum training requirements unless the governing body of a municipality or the county adopts a resolution to apply such requirements within their respective jurisdictional boundaries. Amends TCA Section 4-24-112.

MOTION

Senator Norris moved, pursuant to Rule 33 and Article II, Section 18 of the Constitution of the State of Tennessee, that Senate Bill No. 2382 be passed on second consideration and be referred to the appropriate committee or held on the Clerk's desk, which motion prevailed.

SENATE BILL ON SECOND CONSIDERATION

The Speaker announced that the following bill passed second consideration and was referred to the appropriate committee or held on the Clerk's desk:

Senate Bill No. 2382 referred to the Committee on Transportation.

MOTION

Senator Norris moved, pursuant to Rule 21, Senate Joint Resolutions Nos. 671 through 689 ; and Senate Resolutions Nos. 171 through 175 be passed on first consideration and lie over, which motion prevailed.

INTRODUCTION OF RESOLUTIONS

The Speaker announced that the following resolutions were filed for introduction. Pursuant to Rule 21, the resolutions lie over.

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

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

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

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

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

2767 TUESDAY, JANUARY 12, 2010 -- 47TH LEGISLATIVE DAY

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

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

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

Senate Joint Resolution No. 679 by Senator Black. Memorials, Sports -- East Robertson High School girls bowling team, 2009-2010 TSSAA Region 6, District 14 Champions.

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

Senate Joint Resolution No. 681 by Mr. Speaker Ramsey. Memorials, Recognition -- Kingsport Center for Higher Education, winner of Harvard Innovations in Government Award.

Senate Joint Resolution No. 682 by Senator Beavers. Constitutional Amendments -- Proposes a constitutional amendment to require a two-thirds vote by the Senate and a two-thirds vote of the House in order to approve legislation that seeks an increase in appropriations in excess of the Copeland spending cap for any fiscal year.

Senate Joint Resolution No. 683 by Senator Henry. Memorials, Death -- T. Grady Gallant, Jr.

Senate Joint Resolution No. 684 by Senator Black. Memorials, Recognition -- AARP Hendersonville Chapter # 4443, 20th anniversary.

Senate Joint Resolution No. 685 by Senator Black. Memorials, Recognition -- Highland Seventh-day Adventist Church, 100th anniversary.

Senate Joint Resolution No. 686 by Senator Black. Memorials, Sports -- Hendersonville High School golf team.

Senate Joint Resolution No. 687 by Senator Black. Memorials, Personal Occasion -- Raymond and Jane Knowles, 50th wedding anniversary.

Senate Joint Resolution No. 688 by Senator Gresham. General Assembly, Statement of Intent or Position -- Urges the State Board of Education to initiate a dialogue with other states' education agencies to formulate an agreement that can be adopted by states as an interstate compact on reciprocal licensing of teachers.

Senate Joint Resolution No. 689 by Senator Faulk. Memorials, Death -- Connie Hall Givens.

Senate Resolution No. 171 by Senator Faulk. Memorials, Retirement -- Dorothy Patterson.

2768 TUESDAY, JANUARY 12, 2010 -- 47TH LEGISLATIVE DAY

Senate Resolution No. 172 by Senator Watson. Memorials, Retirement -- Dr. Harold D. Head.

Senate Resolution No. 173 by Senator Faulk. Memorials, Death -- Ben Carmichael.

Senate Resolution No. 174 by Senator Gresham. Memorials, Heroism -- J.C. Gallaher.

Senate Resolution No. 175 by Senator Faulk. Memorials, Death -- Lonas Hurd Tarr.

MOTION

Senator Norris moved, pursuant to Rule 21, Senate Joint Resolution No. 670 lie over and be referred to the appropriate committee or held on the Clerk's desk, which motion prevailed.

RESOLUTION LYING OVER

The Speaker announced that the following resolution passed second consideration and was referred to the appropriate committee or held on the desk, pursuant to Rule 21:

Senate Joint Resolution No. 670 -- General Assembly, Adjournment -- Adjourns 2009 session of 106th General Assembly at close of business on June 18, 2009, and convenes 2010 session on Tuesday, January 12, 2010, at noon.

The Speaker announced that he had referred Senate Joint Resolution No. 670 to the Committee on Calendar.

NOTICES

THE ADMINISTRATIVE OFFICE OF THE COURTS CAPITAL POST-CONVICTION CASE REPORT

The report was received and filed with the Clerk.

THE TENNESSEE REGULATORY AUTHORITY'S 2008 COMPETITIVE CABLE AND VIDEO SERVICES ACT MINORITY-OWNED BUSINESS PARTICIPATION PLANNED REPORT

The report was received and filed with the Clerk.

APPOINTMENTS

Pursuant to Senate Rules 73 and 74, the Speaker announced the appointments for the Senate of the One Hundred Sixth General Assembly of the Second Regular Session:

Senator Brian Kelsey was appointed to the Committees on Judiciary, Government Operations and Fiscal Review.

Senator Jack Johnson was appointed Chairman of the Committee on Commerce, Labor and Agriculture.

2769 TUESDAY, JANUARY 12, 2010 -- 47TH LEGISLATIVE DAY

Senator Bo Watson was appointed Chairman of the Committee on Government Operations.

REPORT OF COMMITTEE ON RULES

The report was received and filed with the Clerk.

MOTION

Senator Norris moved that the Temporary Rules of the Senate of the One Hundred Sixth General Assembly be amended by the Report of the Committee on Rules.

The proposed changes are as follows:

REPORT OF THE COMMITTEE ON RULES ONE HUNDRED AND SIXTH GENERAL ASSEMBLY SECOND REGULAR SESSION

Mr. Speaker, the Committee on Rules having met, hereby submits the attached report to the Senate for amendment to the Rules of Order for the Second Regular Session of the Senate of the One Hundred and Sixth General Assembly.

/s/ Senator Mark Norris, Chairman Committee on Rules January 12, 2010

RULE 25. FILING OF BILLS FOR INTRODUCTION.

(A) Pre-filing of Bills.

After the regular November election, each member of the Senate may pre-file as many bills and resolutions as that member desires prior to the convening of the organizational session of the General Assembly in January. Requests for the drafting of pre-filed bills and resolutions must be received by the Office of Legislative Services by the second Tuesday of December of such year.

Any member of the Senate pre-filing a bill or resolution for introduction in the next session shall follow the procedure as follows:

(1) The bill or resolution shall be filed with the Chief Clerk of the Senate by the member in the number and form prescribed by the Rules of the Senate.

(2) The Chief Clerk shall number the bill or resolution and note thereon the date of the first day of the next session, on which the bill or resolution will be introduced and, in the case of bills, will pass first consideration.

(3) All general bills or resolutions of general interest shall be printed and distributed in the same manner as bills and resolutions introduced during a session.

(4) After written request of the sponsor of a pre-filed bill or resolution, the Speaker of the Senate may in his discretion refer the bill or resolution to the appropriate committee to be

2770 TUESDAY, JANUARY 12, 2010 -- 47TH LEGISLATIVE DAY

studied and considered by the committee, or a subcommittee thereof, during the interim between sessions.

(5) Legal Analyses of bills shall be prepared and distributed in the same manner as during sessions.

(6) Fiscal notes shall be prepared for pre-filed bills in the same manner as during sessions.

(B) Filing of General Bills for Introduction During Session.

After Thursday of the second week of each annual session, each member of the S enate shall be limited to nine (9) general bill introductions until final adjournment of the General Assembly for that session or year. On such Thursday, bills may be introduced on the same day as filed.

This rule shall not apply to administration bills of the Governor, but each such administration bill shall be designated as such at the bottom of the front page of the bill and all administration bills shall be filed by the tenth legislative day.

For the Second Annual Session of the 106th General Assembly, all bills shall be filed on or before the close of business on January 28, 2010. This rule shall not apply to bills introduced by a committee chairman at the direction of a standing, select or joint committee.

All bills for introduction shall be filed with the Chief Clerk no later than four (4) o'clock p.m. on the day preceding the date of introduction; provided, however, that commencing with a period of two (2) legislative days before the cut-off date for introducing bills and thereafter until the end of the session for a given year, bills may be introduced on the same day as filed.

Requests for the drafting of bills shall be submitted to the Office of Legal Services for the General Assembly, War Memorial Building, Nashville, Tennessee, 37243-0059.

RULE 27. CUT-OFF DATE . In each For the Second Annual Session of the 106th General Assembly , no general bill, except a general bill with local application, shall be introduced after the 10th legislative day of a regular session January 28, 2010 , nor shall any resolution, other than congratulatory or commemorating be introduced after the 40th legislative day, except upon unanimous consent of the Committee on Delayed Bills, or upon motion approved by two-thirds (2/3) vote of the members present and registering on the roll call system.

Resolutions proposing amendments to the Constitution approved by the House shall be introduced when received, notwithstanding such cut-off date.

RULE 31. FISCAL MEASURES . Any bill or resolution having a fiscal effect of $100,000 or more upon receipts or expenditures of the state or local governments shall be referred to the Committee on Finance, Ways and Means after consideration by the appropriate standing committee.

No bill or resolution having such a fiscal effect shall be put upon final passage until the same has been considered by the Committee on Finance, Ways and Means.

A bill or resolution which is amended by the Senate or House of Representatives, so as to increase the fiscal effect of the bill or resolution by $100,000 or more, shall be referred to the Committee on Finance, Ways and Means after all filed amendments have been considered by the Senate. Provided, however, this paragraph shall not apply to the General Appropriations Bill.

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A bill or resolution which is recommended by a standing committee to be amended in such manner so as to remove its fiscal effect below $100,000, may be referred directly to the Committee on Calendar. In the event the amendment is not approved by the Senate, paragraph 2 shall apply.

Senator Norris moved that the Temporary Rules of the Senate of the One Hundred Sixth General Assembly, as amended by the Report of the Committee on Rules, be adopted, which motion prevailed by the following vote:

Ayes ...... 32 Noes ...... 0

Senators voting aye were: Barnes, Beavers, Berke, Black, Bunch, Burchett, Burks, Crowe, Faulk, Finney, Gresham, Harper, Haynes, Henry, Herron, Jackson, Johnson, Kelsey, Ketron, Kyle, Marrero, McNally, Norris, Overbey, Southerland, Stewart, Tate, Tracy, Watson, Woodson, Yager and Mr. Speaker Ramsey--32.

MOTION

Senator Norris moved that Rules 32, 33 and 37 be suspended for the introduction and immediate consideration of Senate Joint Resolution No. 690 , out of order, which motion prevailed.

INTRODUCTION OF RESOLUTION

Senate Joint Resolution No. 690 by Senator Norris. General Assembly, Joint Conventions -- Governor's budget address, February 1, 2010.

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

On motion, Senate Joint Resolution No. 690 was adopted.

MOTION

Senator Faulk moved that Rule 19 and Rule 38 be suspended for the purpose of making and considering Consent Calendar No. 1 consisting of the following resolutions: Senate Joint Resolutions Nos. 671, 672, 673, 674, 675, 676, 677, 678, 679 and 680 ; and Senate Resolutions Nos. 171, 172 and 173 , which motion prevailed.

CONSENT CALENDAR NO. 1

Senate Joint Resolution No. 671 -- Memorials, Recognition -- North Sumner Elementary School, 50th anniversary.

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

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

Senate Joint Resolution No. 674 -- Memorials, Recognition -- Glen Leven Presbyterian Church, 120th anniversary.

2772 TUESDAY, JANUARY 12, 2010 -- 47TH LEGISLATIVE DAY

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

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

Senate Joint Resolution No. 677 -- Memorials, Sports -- Beech High School football team, Class 5A State Champions.

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

Senate Joint Resolution No. 679 -- Memorials, Sports -- East Robertson High School girls bowling team, 2009-2010 TSSAA Region 6, District 14 Champions.

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

Senate Resolution No. 171 -- Memorials, Retirement -- Dorothy Patterson.

Senate Resolution No. 172 -- Memorials, Retirement -- Dr. Harold D. Head.

Senate Resolution No. 173 -- Memorials, Death -- Ben Carmichael.

Senator Faulk moved that all Senate Joint Resolutions and Senate Resolutions be adopted, which motion prevailed by the following vote:

Ayes ...... 32 Noes ...... 0

A motion to reconsider was tabled.

CALENDAR

Senate Joint Resolution No. 30 -- Constitutional Amendments -- As introduced, proposes an election of the people for the purpose of determining whether Article XI, Section 13 of the Constitution of Tennessee should be amended to establish the right to hunt and fish, subject to reasonable regulations and restrictions prescribed by law.

Senator Jackson moved that the Clerk read the resolution, which motion prevailed.

The Clerk read the resolution.

Thereupon, Mr. Speaker Ramsey declared pursuant to Article XI, Section 3, Senate Joint Resolution No. 30 had been read.

2773 TUESDAY, JANUARY 12, 2010 -- 47TH LEGISLATIVE DAY

MOTION

Senator Norris moved that Rules 32, 33 and 37 be suspended for the introduction and immediate consideration of Senate Joint Resolution No. 695 , out of order, which motion prevailed.

INTRODUCTION OF RESOLUTION

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

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

On motion, Senate Joint Resolution No. 695 was adopted.

CALENDAR

Senator Ketron moved that Senate Bill No. 273 be rereferred to the Committee on Calendar, which motion prevailed.

Senator Johnson moved that Senate Bill No. 1674 be rereferred to the Committee on Calendar, which motion prevailed.

Senator Herron moved that Senate Bill No. 1775 be rereferred to the Committee on Calendar, which motion prevailed.

House Bill No. 614 -- Election Laws -- As introduced, deletes all provisions requiring the purchase of precinct-based optical scanner voting systems only, including language referring to Help America Vote Act funds; deletes mandatory hand count audits of paper ballots created by such machines; deletes language. Amends TCA Title 2 and Chapter 1108 of the Public Acts of 2008.

Senator Herron moved to amend as follows:

AMENDMENT NO. 6

AMEND by adding the following as a new, appropriately designated section immediately preceding the effective date section and redesignating the effective date section accordingly:

SECTION __. Tennessee Code Annotated, Title 2, Chapter 20, Part 1, is amended by adding the following as a new section thereto:

2-20-1__.

The state shall be required to fund all expenses related to the cost of obtaining or replacing any machines pursuant to this part. The state shall also be required to fund the cost of printing and storing paper ballots. The counties shall not be responsible for any cost associated with printing and storing paper ballots or any other expenses that are required by the implementation of this part.

2774 TUESDAY, JANUARY 12, 2010 -- 47TH LEGISLATIVE DAY

Senator Ketron moved that Amendment No. 6 go to the table, which motion prevailed by the following vote:

Ayes ...... 18 Noes ...... 12 Present, not voting . . . 1

Senators voting aye were: Beavers, Black, Bunch, Burchett, Crowe, Faulk, Gresham, Kelsey, Ketron, McNally, Norris, Overbey, Southerland, Tracy, Watson, Woodson, Yager and Mr. Speaker Ramsey--18.

Senators voting no were: Barnes, Berke, Burks, Finney, Haynes, Henry, Herron, Jackson, Kyle, Marrero, Stewart and Tate--12.

Senator present and not voting was: Harper--1.

Senator Herron moved to amend as follows:

AMENDMENT NO. 7

AMEND by adding the following as a new section immediately preceding the effective date section and redesignating the effective date section accordingly:

SECTION __. Tennessee Code Annotated, Title 2, Chapter 20, Part 1, is amended by adding the following as a new section thereto:

2-20-1__.

(a) Notwithstanding § 2-5-209, each county shall be required to print a number of paper ballots equal to one hundred four percent (104%) of the number of registered voters under this part; provided, however, a county election commission may petition the State Election Commission to print the following number of ballots if the county election commission can show to the State Election Commission a number of paper ballots equal to one hundred four percent (104%) of the number of registered voters would be too excessive:

(1) For the regular November election, an amount of paper ballots equal to at least one hundred ten percent (110%) of the largest number of persons who voted in a regular November election in that county within the last six (6) years;

(2) For the regular August election, an amount of paper ballots equal to at least one hundred ten percent (110%) of the largest number of persons who voted in a regular August election in that county within the last six (6) years;

(3) For a local election not held in conjunction with the regular November election or regular August election, an amount of paper ballots equal to at least one hundred ten percent (110%) of the largest number of persons who voted in such a local election for the municipality holding such local election within the last six (6) years;

2775 TUESDAY, JANUARY 12, 2010 -- 47TH LEGISLATIVE DAY

(4) For a special election, an amount of paper ballots equal to at least one hundred ten percent (110%) of the number of persons who voted in the last special election held in that county for a similar office; and

(5) For any other election not described in the above subdivisions, an amount of paper ballots equal to at least one hundred ten percent (110%) of the largest number of persons who voted in an election the county election commission determines to be similar to the election being held within the last six (6) years.

(b) Each county election commission shall be responsible for ensuring enough ballots are printed pursuant to this section.

(c) Each county election commission shall notify the state coordinator of elections regarding the number of ballots such commission plans to print for an election if the petition to print fewer ballots than the number of paper ballots equal to one hundred four percent (104%) of the number of registered voters is granted by the State Election Commission.

Senator Ketron moved that Amendment No. 7 go to the table, which motion prevailed by the following vote:

Ayes ...... 20 Noes ...... 10 Present, not voting . . . 2

Senators voting aye were: Beavers, Black, Bunch, Burchett, Crowe, Faulk, Gresham, Haynes, Johnson, Kelsey, Ketron, McNally, Norris, Overbey, Southerland, Tracy, Watson, Woodson, Yager and Mr. Speaker Ramsey--20.

Senators voting no were: Barnes, Berke, Burks, Finney, Henry, Herron, Jackson, Kyle, Marrero and Stewart--10.

Senators present and not voting were: Harper and Tate--2.

Senator Herron moved to amend as follows:

AMENDMENT NO. 8

AMEND by adding the following language as a new, appropriately designated section immediately preceding the effective date section and by redesignating the effective date section accordingly:

SECTION ___. Tennessee Code Annotated, Title 2, is amended by adding the following as a new, appropriately designated section thereto:

2-__-___.

Notwithstanding any other provision of law to the contrary, if any direct record electronic (DRE) voting machine is still being used within this state for the 2010 regular November election, it must utilize a working voter-verifiable paper ballot printer so an audit trail will be provided. The state shall pay for any printers, paper and other associated costs required to implement this section.

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Senator Johnson moved that Amendment No. 8 go to the table, which motion prevailed by the following vote:

Ayes ...... 19 Noes ...... 13

Senators voting aye were: Beavers, Black, Bunch, Burchett, Crowe, Faulk, Gresham, Johnson, Kelsey, Ketron, McNally, Norris, Overbey, Southerland, Tracy, Watson, Woodson, Yager and Mr. Speaker Ramsey--19.

Senators voting no were: Barnes, Berke, Burks, Finney, Harper, Haynes, Henry, Herron, Jackson, Kyle, Marrero, Stewart and Tate--13.

Senator Herron moved to amend as follows:

AMENDMENT NO. 9

AMEND by adding the following language as a new section immediately preceding the effective date section and by redesignating the effective date section accordingly:

SECTION __. Tennessee Code Annotated, Title 2, Chapter 20, Part 1, is amended by adding the following language as a new, appropriately designated section:

§ 2-20-1__.

(a) Acting in consultation with county election commissions and county election administrators, the coordinator of elections shall develop and implement a framework of policies and procedures designed to preserve and protect the integrity and reliability of all voting machines and related equipment used in Tennessee during the 2010 regular November election. The framework of policies and procedures shall safeguard against the fraudulent exploitation and inadvertent malfunctions or failures of any inherent vulnerabilities of voting technologies to be used during the 2010 regular November election.

(b) On or before April 12, 2010, the coordinator of elections shall submit a written report to the governor and to each member of the general assembly and shall appear before the state and local government committees of the Senate and House of Representatives to describe the policies and procedures developed pursuant to subsection (a) and to detail the timeline for implementation.

Senator Ketron moved that Amendment No. 9 go to the table, which motion prevailed by the following vote:

Ayes ...... 19 Noes ...... 13

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Senators voting no were: Barnes, Berke, Burks, Finney, Harper, Haynes, Henry, Herron, Jackson, Kyle, Marrero, Stewart and Tate--13.

Thereupon, House Bill No. 614 passed its third and final consideration by the following vote:

Ayes ...... 22 Noes ...... 10

Senators voting aye were: Beavers, Black, Bunch, Burks, Crowe, Faulk, Gresham, Harper, Jackson, Johnson, Kelsey, Ketron, McNally, Norris, Overbey, Southerland, Tate, Tracy, Watson, Woodson, Yager and Mr. Speaker Ramsey--22.

Senators voting no were: Barnes, Berke, Burchett, Finney, Haynes, Henry, Herron, Kyle, Marrero and Stewart--10.

A motion to reconsider was tabled.

STATEMENT OF SENATOR MARK NORRIS PURSUANT TO RULE 61 DATE: January 12, 2010 TO: Chief Clerk of the Senate FROM: Senator Mark Norris RE: Rule 61 Statement for HB 614

I rose to speak in favor of this bill and to address the wisdom of delaying implementation at this time. Not only has certification of sufficient machines by the federal authorities not been completed, but there is real concern by the disabled that they will be denied access if we attempt to proceed with implementation at this time. I attach correspondence to this effect which I request be made part of the record of these proceedings.

The cost to counties of implementation at this time is also a burden our citizenry can ill afford at this time – in excess of $4.3 million to District 32 alone. In conversations and consultation with the Executive Director of the EAC, I have been warned that HAVA funds are not to be used for the purchase of paper supplies and similar materials costly to counties. Senator Herron's proposed amendments unfortunately fail to adequately address these concerns and are designed more likely to delay passage of the bill than to genuinely address the substance of my concerns. If one truly believes in improving the integrity of our elections without impugning the integrity of our local election officials, then one must support this bill.

January 11, 2010 Mark Goins Tennessee Coordinator of Elections Division of Elections 312 Rosa L. Parks Avenue, Snodgrass Tower, 9th Floor Nashville, TN 37243 Dear Mr. Goins: We, the American Association of People with Disabilities (AAPD), urge Tennessee to act prudently and delay the purchase of a new voting system until there is something accessible on the market. AAPD is the largest national nonprofit cross-disability membership organization in the United

2778 TUESDAY, JANUARY 12, 2010 -- 47TH LEGISLATIVE DAY

States, dedicated to ensuring economic self-sufficiency and political empowerment for more than 50 million Americans with disabilities. AAPD works in coalition with other disability organizations for the full implementation and enforcement of disability nondiscrimination laws, particularly the Help America Vote Act, the National Voter Registration Act, the Americans with Disabilities Act (ADA) of 1990, and the Rehabilitation Act of 1973.

AAPD cautions you to act prudently and not to take actions that will disenfranchise tens of thousands of Tennessee voters, waste taxpayer dollars and place unintentional stress on the state's election administration system. AAPD urges you to delay selection and purchase of a new voting system. As Chair of the Election Assistance Commission's Board of Advisors, I can confidently state that much more accessible and generally useable voting systems are just around the corner. It would be more than a shame if Tennessee spends millions of dollars to purchase equipment that is already obsolete.

Much has been said about the public's lack of confidence in the state's current voting system. However, the facts demonstrate that the overwhelming majority of Tennessee voters have confidence that their vote will be cast and counted as intended. Over the last five years InfoSentry (www.infosentry.com ) has conducted a series of public opinion polls that uniformly report that a large majority of voters have confidence in touch-screen voting systems.

"We tracked public opinion towards voting systems used throughout the United States since January, 2004, just over a year after Congress passed the Help America Vote Act in late 2002," said M. Glenn Newkirk, InfoSENTRY's President. "In that first survey, 68% of American adults expressed either high or very high trust in the process of going to a polling place, making selections on a computer screen, and having the computer tabulate the election results. Only 15% of the survey's respondents expressed either low or very low trust in these computerized systems. By 2008, our survey indicated that 67% expressed positive trust levels and 16% expressed negative trust level. Statistically, that is no change from 2004, falling comfortably within the surveys' ±3% margin of error." --from InfoSentry's March 18, 2008 Press Release http://www.infosentry.com/infoSENTRY_NewsRelease_VoteTech-Trust_20080114.htm

These results corroborate numerous other polls.

The problem now facing Tennessee is that there is currently not on the market an optical scan system whose accompanying accessible unit complies with federal regulations and laws. If the state purchases equipment that fails to meet these regulations and laws, it would be opening itself up to possible litigation.

We are aware that the legislature has been told by paper advocates that the AutoMark is accessible. It is not. The following points are based on complaints that we and others have received from disables voters who have attempted to vote privately and independently on the AutoMark. Many disabled voters cannot handle paper including many of our newly disabled veterans, people who are paralyzed, and voters with arthritis and Parkinson's disease to mention just some. Experience has taught us that the option of a security sleeve is not a solution to these accessibility and privacy issues. Poll workers often cannot find the sleeve and have trouble using it when they can find it.

There are other problems with the AutoMark. It is extremely slow to use. Tennessee often has long ballots with between 30 and 50 selection items. Voters in other states report that a ballot of this length can take 45 minutes or more to cast with the AutoMark. Those of us with disabilities

2779 TUESDAY, JANUARY 12, 2010 -- 47TH LEGISLATIVE DAY expect that it will take us longer to vote, but we do not expect that it should take us three or four times as long as an able-bodied voter. There are many systems which take much less time including the current systems used in the Tennessee polling places. Additionally, just about everywhere that the AutoMark is used, voters report that poll workers do not know how to set it up and instead pressure voters to vote with assistance – a clear violation of HAVA.

Finally, we are now seven months from the August primaries and nine months from the general election. Experience around the nation has shown that this is a dangerously short timeframe to purchase, test, and distribute a new voting system. Tennessee should be proud of the fact that your current voting system works well, accurately and securely. To properly purchase and deploy a new voting system this close to an election is nearly impossible. There will be major hidden costs incurred to test each new device and train election officials, poll workers and voters on how to use the new system. By delaying the purchase of new equipment, you will be able to purchase something that is accessible and secure and significantly reduce implementation costs.

If you have any questions or if we can be of further assistance please contact me.

Sincerely,

/s/ Jim Dickson Vice President of Organizing and Civic Engagement

TO: Cara Harr FROM: Carol Francisco, Middle Tennessee Council of the Blind DATE: January 7, 2010 SUBJECT: Optical Scan Voting Machines

The legislation is considering the elimination of the DRE voting machines currently in use throughout the state and replacing them with optical scan machines. The current machines provide audible ballots for the blind and visually impaired, which are not available with the optical scan devices. This audible information has allowed me to vote independently for the first time in my life. This change is supported by those who fear new technology and believe that these machines can be easily manipulated to cause potential election fraud, though very little hard evidence of this exists. They also believe that paper ballots are not as vulnerable, though history certainly demonstrates that those who want to create problems can do so with any system.

Those who produce the optical scan machines claim that it would be possible for me to mark a ballot. However, this equipment has not been seen by many blind or visually impaired individuals and as such cannot be recommended.

I remember how I used to have to vote. I would go with a friend or a coworker, or if I was alone, I would have to ask for help from poll workers. I had no way of knowing whether the person helping me voted as I instructed them to do, or if they voted for their preferred candidate instead. Now I can listen to the ballot, make my own choices, and the machine confirms my selections. These machines are easy to operate, with braille on the buttons and a clear human voice, not computerized speech. It is a wonderful feeling of independence to be able to do this, and we don't want to lose it. The only way I can continue to be this independent is to keep at least one DRE in each precinct. This is not a perfect solution, as in rural areas it would be easy to know who used the special machine; however, it is better than completely losing the technology we require to vote without assistance.

2780 TUESDAY, JANUARY 12, 2010 -- 47TH LEGISLATIVE DAY

I am certainly not an attorney, but the state certainly could have problems with the federal government if accessible machines are no longer provided for blind and visually impaired Tennesseans. Before the state spends millions of dollars on equipment that could soon become obsolete or would not comply with federal regulations, election officials and legislators must carefully evaluate the situation and retain the machines that provide accessibility to our blind citizens. Right now there is only one machine that might possibly provide a marking system which is of uncertain quality. Hopefully more options will become available in the next few years, but until that time, we need to continue to keep the current DRE machines.

Learning another type of machine can be confusing and difficult for both poll workers and the visually impaired. The DRE machines have encouraged the participation of more disabled voters, and that is a result we can all agree is a worthwhile goal.

MESSAGE CALENDAR

Senator Jackson moved that House Bill No. 2376 be placed on the Message Calendar for January 26, 2010, which motion prevailed.

REPORT OF COMMITTEE ON CALENDAR CONSENT CALENDAR # 2

MR. SPEAKER: Your Committee on Calendar begs leave to report that we have met and set the following bills on the calendar for Tuesday, January 12, 2010: House Joint Resolutions Nos. 702, 703, 705, 706, 707, 709 and 710.

This the 12th day of January, 2010. MIKE FAULK, Chairperson.

MOTION

Senator Faulk moved that Rule 19 and Rule 38 be suspended for the purpose of making and considering Consent Calendar No. 2 consisting of the following resolutions: House Joint Resolutions Nos. 702, 703, 705, 706, 707, 709 and 710 , which motion prevailed.

CONSENT CALENDAR NO. 2

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

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

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

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

House Joint Resolution No. 707 -- Memorials, Sports -- Beech High School football team, Class 5A State Champions.

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House Joint Resolution No. 709 -- Memorials, Sports -- Soddy-Daisy High School girls golf team, 2009 AAA State Champions.

House Joint Resolution No. 710 -- Memorials, Sports -- Dave Loos.

Senator Faulk moved that all House Joint Resolutions be concurred in, which motion prevailed by the following vote:

Ayes ...... 32 Noes ...... 0

A motion to reconsider was tabled.

MOTION

On motion of Senators Berke, Finney, Gresham and Yager, their names were added as sponsors of Senate Joint Resolution No. 30 .

On motion of Senator Tracy, his name was added as sponsor of Senate Joint Resolution No. 671 .

On motion of Senators Haynes, Herron and Harper, their names were added as sponsors of Senate Joint Resolution No. 672 .

On motion of Senators Haynes and Herron, their names were added as sponsors of Senate Joint Resolution No. 675 .

On motion of Senators Berke and Crowe, their names were added as sponsors of Senate Joint Resolution No. 676 .

On motion of Senator Tracy, his name was added as sponsor of Senate Joint Resolutions Nos. 677 and 679 .

On motion of Senator Black, her name was added as sponsor of House Joint Resolutions Nos. 702 and 703 .

On motion of Senators Marrero, Kyle, Tate and Harper, their names were added as sponsors of House Joint Resolution No. 705 .

On motion of Senators Black and Kyle, their names were added as sponsors of House Joint Resolution No. 706 .

On motion of Senators Haynes, Black and Tracy, their names were added as sponsors of House Joint Resolution No. 707 .

2782 TUESDAY, JANUARY 12, 2010 -- 47TH LEGISLATIVE DAY

On motion of Senators Berke and Watson, their names were added as sponsors of House Joint Resolution No. 709 .

On motion of Senators Barnes, Herron and Kyle, their names were added as sponsors of House Joint Resolution No. 710 .

On motion of Senator Burchett, his name was added as sponsor of Senate Bill No. 160 .

On motion of Senator Harper, her name was added as sponsor of Senate Bill No. 2414 .

On motion of Senator Woodson, her name was added as sponsor of Senate Bill No. 2143 .

On motion of Senator Norris, his name was added as sponsor of Senate Bills Nos. 925 and 926 .

ENGROSSED BILLS January 12, 2010

MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefully examined Senate Joint Resolutions Nos. 671, 672, 673, 674, 675, 676, 677, 678, 679 and 680; and find same correctly engrossed and ready for transmission to the House.

M. SCOTT SLOAN, Chief Engrossing Clerk.

ENGROSSED BILLS January 12, 2010

MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefully examined Senate Joint Resolutions Nos. 690 and 695, and find same correctly engrossed and ready for transmission to the House.

M. SCOTT SLOAN, Chief Engrossing Clerk.

MESSAGE FROM THE HOUSE January 12, 2010

MR. SPEAKER: I am directed to transmit to the Senate, House Joint Resolutions Nos. 702, 703, 705, 706, 707, 709 and 710; adopted, for the Senate's action.

BURNEY T. DURHAM, Chief Clerk.

MESSAGE FROM THE HOUSE January 12, 2010

MR. SPEAKER: I am directed to return to the Senate, Senate Joint Resolutions Nos. 671, 672, 673, 674, 675, 676, 677, 678, 679 and 680; concurred in by the House.

BURNEY T. DURHAM, Chief Clerk.

2783 TUESDAY, JANUARY 12, 2010 -- 47TH LEGISLATIVE DAY

MESSAGE FROM THE HOUSE January 12, 2010

MR. SPEAKER: I am directed to return to the Senate, Senate Joint Resolutions Nos. 690 and 695, concurred in by the House.

BURNEY T. DURHAM, Chief Clerk.

ENROLLED BILLS January 13, 2010

MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefully compared Senate Joint Resolutions Nos. 671, 672, 673, 674, 675, 676, 677, 678, 679, 680, 690 and 695; and find same correctly enrolled and ready for the signatures of the Speakers.

M. SCOTT SLOAN, Chief Engrossing Clerk.

ENROLLED BILLS January 13, 2010

MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefully compared Senate Resolutions Nos. 171, 172 and 173; and find same correctly enrolled and ready for the signature of the Speaker.

M. SCOTT SLOAN, Chief Engrossing Clerk.

MESSAGE FROM THE HOUSE January 12, 2010

MR. SPEAKER: I am directed to transmit to the Senate, House Bill No. 614, for the signature of the Speaker.

BURNEY T. DURHAM, Chief Clerk.

MESSAGE FROM THE HOUSE January 12, 2010

MR. SPEAKER: I am directed to transmit to the Senate, House Joint Resolutions Nos. 702, 703, 705, 706, 707, 709 and 710; for the signature of the Speaker.

BURNEY T. DURHAM, Chief Clerk.

2784 TUESDAY, JANUARY 12, 2010 -- 47TH LEGISLATIVE DAY

SIGNED January 12, 2010

The Speaker announced that he had signed the following: House Joint Resolutions Nos. 702, 703, 705, 706, 707, 709 and 710.

SIGNED January 13, 2010

The Speaker announced that he had signed the following: Senate Joint Resolutions Nos. 671, 672, 673, 674, 675, 676, 677, 678, 679, 680, 690 and 695.

SIGNED January 13, 2010

The Speaker announced that he had signed the following: Senate Resolutions Nos. 171, 172 and 173.

SIGNED January 13, 2010

The Speaker announced that he had signed the House Bill No. 614.

MESSAGE FROM THE HOUSE January 13, 2010

MR. SPEAKER: I am directed to return to the Senate, Senate Joint Resolutions Nos. 671, 672, 673, 674, 675, 676, 677, 678, 679, 680, 690 and 695; signed by the Speaker.

BURNEY T. DURHAM, Chief Clerk.

REPORT OF CHIEF ENGROSSING CLERK January 14, 2010

MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have transmitted to the Governor the following: Senate Joint Resolutions Nos. 671, 672, 673, 674, 675, 676, 677, 678, 679, 680, 690 and 695; for his action.

M. SCOTT SLOAN, Chief Engrossing Clerk.

MESSAGE FROM THE GOVERNOR January 15, 2010

MR. SPEAKER: I am directed by the Governor to return herewith: Senate Joint Resolutions Nos. 671, 672, 673, 674, 675, 676, 677, 678, 679 and 680; with his approval.

STEVEN E. ELKINS, Counsel to the Governor.

2785 TUESDAY, JANUARY 12, 2010 -- 47TH LEGISLATIVE DAY

MESSAGE FROM THE GOVERNOR January 19, 2010

MR. SPEAKER: I am directed by the Governor to return herewith: Senate Joint Resolutions Nos. 690 and 695, with his approval.

STEVEN E. ELKINS, Counsel to the Governor.

REPORT OF COMMITTEE ON CALENDAR CONSENT CALENDAR # 1

MR. SPEAKER: Your Committee on Calendar begs leave to report that we have met and set the following bills on the calendar for Tuesday, January 12, 2010: Senate Joint Resolutions Nos. 671, 672, 673, 674, 675, 676, 677, 678, 679 and 680; and Senate Resolutions Nos. 171, 172 and 173.

This the 8th day of January, 2010. MIKE FAULK, Chairperson.

REPORT OF COMMITTEE ON CALENDAR

MR. SPEAKER: Your Committee on Calendar begs leave to report that we have met and set the following bills on the calendar for Tuesday, January 12, 2010: Senate Joint Resolution No. 30; Senate Bills Nos. 273, 1674 and 1775; and House Bill No. 614.

This the 7th day of January, 2010. MIKE FAULK, Chairperson.

REPORT OF COMMITTEE ON CALENDAR SENATE MESSAGE CALENDAR

Pursuant to Rule 44, notice has been given on the following bills and they have been set on the Message Calendar for Tuesday, January 12, 2010: House Bill No. 2376.

This the 8th day of January, 2010. MIKE FAULK, Chairperson.

ADJOURNMENT

Senator Norris moved that pursuant to Senate Joint Resolution No. 695 the Senate recess until the First Extraordinary Session of the One Hundred Sixth General Assembly stands adjourned sine die, which motion prevailed.

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