UNOFFICIAL VERSION This is a draft version of the Senate Journal and is UNOFFICIAL until formal adoption.

SENATE JOURNAL OF THE ONE HUNDRED EIGHTH GENERAL ASSEMBLY

OF THE

STATE OF TENNESSEE

ORGANIZATIONAL SESSION

TUESDAY, JANUARY 8, 2013

FIRST ORGANIZATIONAL DAY

CALL TO ORDER

The Senate of the One Hundred Eighth General Assembly of the State of Tennessee was called to order at twelve o'clock noon by Mr. Speaker Ramsey 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 Pastor Tom Reed of Elizabeth Chapel United Methodist Church in Bluff City, Tennessee, a guest of Mr. Speaker Ramsey.

PRESENTATION

Members of the Tennessee Highway Patrol Honor Guard presented the colors.

PLEDGE OF ALLEGIANCE

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

OATH OF OFFICE OF SENATORS-ELECT

The following Senators-elect, found to be duly elected and qualified, stood and were administered the oath prescribed by the Constitution of the State of Tennessee and Tennessee Code Annotated, Section 3-1-105 by the Honorable William C. Koch, Jr., of the Tennessee Supreme Court:

Second Senatorial District -- Doug Overbey, representing Blount and Sevier Counties.

Fourth Senatorial District -- Ron Ramsey, representing part of Carter, Johnson and Sullivan Counties.

Sixth Senatorial District -- Becky Massey, representing part of Knox County.

Eighth Senatorial District -- Frank Niceley, representing Claiborne, Grainger, Hancock, Hawkins, Jefferson and Union Counties.

Tenth Senatorial District -- , representing Bradley and part of Hamilton Counties.

1 TUESDAY, JANUARY 8, 2013 -- 1ST ORGANIZATIONAL DAY

Twelfth Senatorial District -- , representing Campbell, Fentress, Morgan, Rhea, Roane, Pickett and Scott Counties.

Fourteenth Senatorial District -- Jim Tracy, representing Bedford, Lincoln, Marshall, Moore and parts of Rutherford Counties.

Sixteenth Senatorial District -- , representing Coffee, Franklin, Grundy, Marion, Sequatchie, Van Buren and Warren Counties.

Eighteenth Senatorial District -- , representing Sumner, Trousdale and part of Davidson Counties.

Twentieth Senatorial District -- , representing part of Davidson County.

Twenty-second Senatorial District -- Mark Green, representing Stewart, Houston and Montgomery Counties.

Twenty-fourth Senatorial District -- John Stevens, representing Benton, Carroll, Henry, Obion and Weakley Counties.

Twenty-sixth Senatorial District -- , representing Chester, Decatur, Fayette, Hardeman, Hardin, Haywood, Henderson and McNairy Counties.

Twenty-eighth Senatorial District -- , representing Giles, Lawrence, Lewis, Maury, Perry and Wayne Counties.

Thirtieth Senatorial District -- , representing part of Shelby County.

Thirty-second Senatorial District -- Mark Norris, representing Tipton and part of Shelby Counties.

ROLL CALL

The roll call was taken with the following results:

Present ...... 33

Senators present were: Beavers, Bell, Bowling, Burks, Campfield, Crowe, Dickerson, Finney, Ford, Gardenhire, Green, Gresham, Haile, Harper, Henry, Hensley, Johnson, Kelsey, Ketron, Kyle, Massey, McNally, Niceley, Norris, Overbey, Southerland, Stevens, Summerville, Tate, Tracy, Watson, Yager and Mr. Speaker Ramsey--33.

ADOPTION OF TEMPORARY RULES

Senator Norris moved the Temporary Rules of the Senate of the One Hundred Seventh General Assembly be made the Temporary Rules of the Senate of the One Hundred Eighth General Assembly.

Senator Kyle seconded the motion.

The motion prevailed by the following vote:

2 UNOFFICIAL VERSION TUESDAY, JANUARY 8, 2013 -- 1ST ORGANIZATIONAL DAY

Ayes ...... 33 Noes ...... 0

Senators voting aye were: Beavers, Bell, Bowling, Burks, Campfield, Crowe, Dickerson, Finney, Ford, Gardenhire, Green, Gresham, Haile, Harper, Henry, Hensley, Johnson, Kelsey, Ketron, Kyle, Massey, McNally, Niceley, Norris, Overbey, Southerland, Stevens, Summerville, Tate, Tracy, Watson, Yager and Mr. Speaker Ramsey--33.

MR. SPEAKER RAMSEY RELINQUISHES CHAIR

Mr. Speaker Ramsey relinquishes the chair to Senator McNally as Speaker Pro Tempore.

ELECTION OF SPEAKER

Mr. Speaker Pro Tempore McNally announced the first order of business was the election of a Speaker and stated that nominations for the position were in order.

Senator Norris placed in nomination the name of Senator Ramsey, of Sullivan County, representing the 4th Senatorial District.

Senator Ketron seconded the nomination of Senator Ramsey.

Senator Watson moved the nominations cease and the Clerk be directed to call the roll, which motion prevailed.

The roll call was taken with the following results:

Senator Ramsey ...... 28 Senator Kyle ...... 4

Senators voting for Senator Ramsey were: Beavers, Bell, Bowling, Burks, Campfield, Crowe, Dickerson, Gardenhire, Green, Gresham, Haile, Hensley, Johnson, Kelsey, Ketron, Massey, McNally, Niceley, Norris, Overbey, Southerland, Stevens, Summerville, Tate, Tracy, Watson, Yager and Mr. Speaker Ramsey--28.

Senators voting for Senator Kyle were: Finney, Ford, Harper and Kyle--4.

Mr. Speaker Pro Tempore McNally declared that Senator Ramsey, having received a majority of votes of the Senate membership, was duly, legally, constitutionally elected Speaker of the Senate and Lieutenant Governor of the One Hundred Eighth General Assembly of the State of Tennessee.

APPOINTMENT OF SELECT COMMITTEE

Mr. Speaker Pro Tempore McNally appointed a committee composed of Senators Crowe, Gresham and Watson to escort Mr. Speaker Ramsey to the chair.

OATH OF OFFICE OF SPEAKER

The oath of office was administered to Mr. Speaker Ramsey by the Honorable William C. Koch, Jr., of the Tennessee Supreme Court.

3 UNOFFICIAL VERSION TUESDAY, JANUARY 8, 2013 -- 1ST ORGANIZATIONAL DAY

REMARKS OF MR. SPEAKER RAMSEY

Thank you. First, of course, I would like to thank God. All that I have and all that I am comes through Him. I will never forget that eternal truth.

Thank you also to my family. I have the greatest wife in the world, three of the most beautiful daughters in the world and, most recently, two grandchildren.

If I ever need a reminder of why I serve, I need only to look into the eyes of young Parker and young Briggs. They are the future of Tennessee and I will fight for them as long as I draw breath.

Thank you also to my colleagues who elected me. To those of you who are new and even those who are not, cherish this moment. We are a very lucky few that get to serve this great state. Never take the responsibility for granted.

I would especially like to thank the people of Tennessee. It has been the honor of my life to serve you as Lt. Governor and Speaker of the Senate. I appreciate the trust you have placed in me. I will not let you down.

This is a truly historic time in Tennessee. I have said many times that it matters who governs. Since becoming Speaker in 2007, I believe we have proven the truth of that statement beyond a shadow of a doubt.

Over that time, we have put conservative principles into action by balancing our budget, instituting landmark education reform and cutting taxes.

We have made a commitment to efficiency in the legislature, doing the people’s business and getting out on time. We plan to continue that tradition. The days of legislative sessions dragging into May and beyond are over.

We have not only brought efficiency and accountability back to government; we have shrunk its size and limited its scope. In lean times, we have cut and balanced our budget -- and even returned money to the taxpayer in the process.

When we have borrowed money, we have paid it back – promptly and in full. That is the Tennessee way.

This, of course, stands in great contrast to our federal government.

While the people of Tennessee have elected leaders committed to fiscal responsibility in unprecedented numbers, the nation has gone another way.

As our federal government teeters on the edge of a fiscal cliff, Tennessee’s feet stand planted firmly on sound fiscal principles.

I stand before you committed to ensuring November’s resounding call for less spending, more jobs and smaller government forever echoes in the halls of state government.

Tennessee is an oasis of fiscal sanity in a nation consumed with debt. As long as I am Speaker, I will fight to ensure it remains so.

4 UNOFFICIAL VERSION TUESDAY, JANUARY 8, 2013 -- 1ST ORGANIZATIONAL DAY

Thank you and God Bless You.

APPOINTMENT OF OFFICIALS The Speaker announced the appointment of Mr. Russell Humphrey of Williamson County, Chief Clerk; Mr. Alan Whittington of Davidson County, Deputy Chief Clerk; and Mr. Don Keaton of Wilson County, Chief Sergeant at Arms.

OATH OF OFFICE OF OFFICIALS

Mr. Speaker Ramsey administered the oath of office to Mr. Russell Humphrey, Chief Clerk; Mr. Alan Whittington, Deputy Chief Clerk; and Mr. Don Keaton, Chief Sergeant at Arms.

MOTION

Senator Norris moved that a committee be appointed by the Speaker to notify the House of Representatives the Senate had perfected its organization and was ready for the transaction of business, which motion prevailed.

APPOINTMENT OF SELECT COMMITTEE The Speaker announced the appointment of the following committee to notify the House of Representatives the Senate had perfected its organization and was ready for the transaction of business: Senators Bell, Ford, Henry, Hensley, Niceley and Tate. Senator Niceley served as Chairperson of this committee.

MOTION

Senator Norris moved that a committee be appointed by the Speaker to notify the Governor the Senate had perfected its organization and was ready for the transaction of business, which motion prevailed.

APPOINTMENT OF SELECT COMMITTEE The Speaker announced the appointment of the following committee to notify the Governor the Senate had perfected its organization and was ready for the transaction of business: Senators Burks, Dickerson, Finney, Harper, Overbey and Stevens. Senator Overbey served as Chairperson of this committee.

RECESS

Without objection, the Senate stood in recess awaiting the reports of the Select Committees.

CALL TO ORDER

The Senate was called to order by Mr. Speaker Ramsey.

ROLL CALL

The Speaker declared that a quorum was present.

On motion, the roll call was dispensed with.

5 UNOFFICIAL VERSION TUESDAY, JANUARY 8, 2013 -- 1ST ORGANIZATIONAL DAY

REPORT OF SELECT COMMITTEES

Senator Niceley advised the Senate the House of Representatives had been notified the Senate had perfected its organization and was ready for the transaction of business.

Senator Overbey advised the Senate the Governor had been notified the Senate had perfected its organization and was ready for the transaction of business.

MOTION

Senator Norris moved that Rules 32, 33 and 37 be suspended for the introduction and immediate consideration of Senate Joint Resolution No. 6, out of order, which motion prevailed.

INTRODUCTION OF RESOLUTION

Senate Joint Resolution No. 6 by Senator Norris. General Assembly, Joint Conventions -- Calls joint convention to elect constitutional officers on January 9, 2013.

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

On motion, Senate Joint Resolution No. 6 was adopted.

A motion to reconsider was tabled.

MOTION

Senator Norris moved that Rules 32, 33 and 37 be suspended for the introduction and immediate consideration of Senate Joint Resolution No. 7, out of order, which motion prevailed.

INTRODUCTION OF RESOLUTION

Senate Joint Resolution No. 7 by Senator Norris. General Assembly, Joint Conventions -- Calls joint convention on January 10, 2013, to fulfill ethics course requirement for members of general assembly.

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

On motion, Senate Joint Resolution No. 7 was adopted.

A motion to reconsider was tabled.

MOTION

Senator Norris moved, pursuant to Rule 32 and Article II, Section 18 of the Constitution of the State of Tennessee, Senate Bills Nos. 1 through 11 be passed on first consideration, which motion prevailed.

6 UNOFFICIAL VERSION TUESDAY, JANUARY 8, 2013 -- 1ST ORGANIZATIONAL DAY

INTRODUCTION OF BILLS

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

Senate Bill No. 1 by Senators Kelsey and Bowling. Health Care -- As introduced, prohibits Tennessee from participating in the Medicaid expansion of the "Patient Protection and Affordable Care Act". Amends TCA Title 4, Chapter 3.

Senate Bill No. 2 by Senator Yager. Highway Signs -- As introduced, names bridges at Midtown interchange on I-40 in Roane County in honor of Paul E. Easter and James W. Harmon.

Senate Bill No. 3 by Senator Yager. Highway Signs -- As introduced, designates segment of U.S. Highway 27 in Rhea County as "Veterans Memorial Highway".

Senate Bill No. 4 by Senator Summerville. Taxes, Income -- As introduced, phases out the Hall income tax over a three-year period beginning in tax year 2014 and ending with tax year 2016; holds local governments harmless from the loss of revenue resulting from the incremental reduction and repeal of the tax. Amends TCA Title 67, Chapter 2, Part 1.

Senate Bill No. 5 by Senator Summerville. Children -- As introduced, adds two public members to the Second Look Commission. Amends TCA Title 37, Chapter 3, Part 8.

Senate Bill No. 6 by Senator Summerville. Lottery, Scholarships and Programs -- As introduced, requires students seeking Tennessee HOPE scholarships, Tennessee HOPE access grants and Tennessee HOPE scholarships for nontraditional students to pass the U.S. citizenship and immigration service's naturalization tests on English and civics to be eligible for the scholarship or grant. Amends TCA Title 49, Chapter 4, Part 9.

Senate Bill No. 7 by Senator Summerville. State Government -- As introduced, prohibits state government entities from compiling and keeping statistics and data by race, gender or ethnicity unless specifically required by federal law or court order; requires state government entities to identify all laws that contravene this prohibition and to propose legislation to eliminate such laws. Amends TCA Title 4 and Title 49.

Senate Bill No. 8 by Senator Summerville. Education, Higher -- As introduced, enacts the "Higher Education Equality Act" to prevent institutions of higher education from granting preferences based on race, gender or ethnicity to students, employees or contractors. Amends TCA Title 49, Chapter 14; Title 49, Chapter 50; Title 49, Chapter 7; Title 49, Chapter 8 and Title 49, Chapter 9.

Senate Bill No. 9 by Senator Summerville. Boards and Commissions -- As introduced, creates the "Great War Commission" to facilitate recognition of the centenary of World War I. Amends TCA Title 4, Chapter 11; Title 4, Chapter 29 and Title 58.

7 UNOFFICIAL VERSION TUESDAY, JANUARY 8, 2013 -- 1ST ORGANIZATIONAL DAY

Senate Bill No. 10 by Senator Green. Driver Licenses -- As introduced, requires the department of safety to waive the driving skills test, and accept alternative requirements, for active duty and honorably discharged service members applying for commercial driver licenses; identifies certain alternative requirements, which include operating a commercial motor vehicle in the military in combination with a good driving record. Amends TCA Title 55, Chapter 50, Part 3.

Senate Bill No. 11 by Senator Summerville. Teachers, Principals and School Personnel -- As introduced, prohibits directors of schools from giving candidates for employment preference based on race, gender or ethnicity. Amends TCA Title 49, Chapter 1; Title 49, Chapter 2 and Title 49, Chapter 5.

MOTION

Senator Norris moved, pursuant to Rule 21, Senate Joint Resolutions Nos. 1 through 4 be passed on first consideration and lie over, which motion prevailed.

INTRODUCTION OF RESOLUTIONS

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

Senate Joint Resolution No. 1 by Senator Kelsey. Constitutional Amendments -- Proposes an amendment to Article II, Section 28 of the Tennessee Constitution to explicitly prohibit any state or local taxation of payroll or earned personal income or any state or local tax measured by payroll or earned personal income.

Senate Joint Resolution No. 2 by Senator Kelsey. Constitutional Amendments -- Proposes amendment of Article VI, Section 3 of the Tennessee Constitution to provide for gubernatorial appointment of appellate judges, subject to legislative confirmation, followed by retention elections.

Senate Joint Resolution No. 3 by Senator Yager. Memorials, Death -- Evelyon Vanderpool Hilleary.

Senate Joint Resolution No. 4 by Senator Yager. Memorials, Death -- Jessie Alberta Lane Wright.

APPOINTMENT OF SELECT COMMITTEES

Mr. Speaker Ramsey appointed Senators Kyle, McNally and Norris to the Select Committee to Review Audits and Operations of the Comptroller of the Treasury and the Department of Treasury. Senator McNally will serve as the Chairperson of this committee.

Mr. Speaker Ramsey appointed the following Temporary Committee on Rules: Senators Henry, Kelsey, Kyle, McNally and Norris. Senator Norris will serve as Chairperson.

MOTION

Senator Norris moved the Proposed Schedule for the week of January 7, 2013, be adopted and made the action of the Senate, which motion prevailed.

8 UNOFFICIAL VERSION TUESDAY, JANUARY 8, 2013 -- 1ST ORGANIZATIONAL DAY

TENNESSEE STATE SENATE 108th GENERAL ASSEMBLY

SCHEDULE FOR THE WEEK OF JANUARY 7, 2013

TUESDAY – January 8

12:00 noon Convening of the 108th General Assembly – Senate Chamber • Oath of Office • Adoption of the Temporary Rules • Election of Speaker of the Senate

WEDNESDAY – January 9

9:30 a.m. – 10:00 a.m. Session – Senate Chamber

10:00 a.m. Joint Convention – House Chamber • Secretary of State • Election of the Comptroller of the Treasury • Election of the State Treasurer

THURSDAY – January 10

9:00 a.m. Session – Senate Chamber • Election of Fiscal Review Committee • Appointment of Standing Committees

9:45 a.m. Joint Convention – House Chamber • Ethics Training, Mr. Drew Rawlins, Executive Director of Bureau of Ethics and Campaign Finance

ENGROSSED BILLS January 8, 2013

MR. SPEAKER: Your Deputy Chief Clerk begs leave to report that we have carefully examined Senate Joint Resolutions Nos. 6 and 7, and find same correctly engrossed and ready for transmission to the House.

ALAN WHITTINGTON, Deputy Chief Clerk.

MESSAGE FROM THE HOUSE January 8, 2013

MR. SPEAKER: I am directed to return to the Senate, Senate Joint Resolutions Nos. 6 and 7, concurred in by the House.

JOE MCCORD, Chief Clerk.

9 UNOFFICIAL VERSION TUESDAY, JANUARY 8, 2013 -- 1ST ORGANIZATIONAL DAY

ENROLLED BILLS January 8, 2013

MR. SPEAKER: Your Deputy Chief Clerk begs leave to report that we have carefully compared Senate Joint Resolutions Nos. 6 and 7, and find same correctly enrolled and ready for the signatures of the Speakers.

ALAN WHITTINGTON, Deputy Chief Clerk.

SIGNED January 8, 2013

The Speaker announced that he had signed the following: Senate Joint Resolutions Nos. 6 and 7.

MESSAGE FROM THE HOUSE January 8, 2013

MR. SPEAKER: I am directed to return to the Senate, Senate Joint Resolutions Nos. 6 and 7, signed by the Speaker.

JOE MCCORD, Chief Clerk.

MESSAGE FROM THE HOUSE January 8, 2013

MR. SPEAKER: I am directed by the House to notify the Senate that the House has perfected its organization and is ready for the transaction of business. The Honorable Beth Harwell of Davidson County was elected Speaker. The Speaker appointed Mr. Joe McCord, Chief Clerk; Ms. Betty K. Francis, Chief Engrossing Clerk; Mr. Victor Thompson, Chief Sergeant at Arms; and Mrs. Tammy Letzler, Assistant Chief Clerk.

JOE MCCORD, Chief Clerk.

ADJOURNMENT

Senator Norris moved the Senate adjourn until 9:30 a.m., Wednesday, January 9, 2013, which motion prevailed.

10 UNOFFICIAL VERSION