THURSDAY, JANUARY 13, 2005

THIRD ORGANIZATIONAL DAY

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

The proceedings were opened with prayer by Representative Shaw.

Representative Shaw led the House in the Pledge of Allegiance to the Flag.

ROLL CALL

The roll call was taken with the following results:

Present...... 95

Representatives present were: Armstrong, Baird, Bone, Borchert, Bowers, Briley, Brooks (Knox), Brown, Bunch, Campfield, Casada, Clem, Cobb, Cochran, Coleman, Cooper, Crider, Curtiss, Davidson, Davis, DeBerry J, DeBerry L, DuBois, Dunn, Eldridge, Favors, Ferguson, Fitzhugh, Fowlkes, Fraley, Godsey, Gresham, Hackworth, Hargett, Hargrove, Harmon, Harrison, Harwell, Hawk, Hensley, Hill, Hood, Johnson C, Johnson P, Johnson R, Jones S, Jones U, Kelsey, Kernell, Langster, Litz, Lynn, Maddox, Maggart, Marrero, Matheny, McCord, McCormick, McDaniel, McDonald, McKee, McMillan, Miller, Montgomery, Moore, Mumpower, Newton, Niceley, Odom, Overbey, Pleasant, Pruitt, Rinks, Roach, Rowland, Sargent, Sharp, Shaw, Shepard, Sontany, Stanley, Strader, Swafford, Tidwell, Tindell, Todd, Towns, Turner L, Turner M, Vaughn, Watson, West, Winningham, Yokley, Mr. Speaker Naifeh -- 95.

EXCUSED

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

Representative Brooks (Shelby); illness.

Representative Buck; personal reasons.

Representative Pinion; family death.

Representative Windle; active military duty.

PERSONAL ORDERS

RECOGNITION IN THE WELL

Representatives McMillan and Hargett were recognized in the Well to discuss the upcoming House schedule.

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RULES SUSPENDED

Rep. McMillan moved that the rules be suspended for the purpose of introducing House Joint Resolution No. 11 out of order, which motion prevailed.

House Joint Resolution No. 11 -- General Assembly, Adjournment - Adjourns organizational session at close of business on January 13, 2005, and convenes regular session immediately thereafter; recesses regular session until January 31, 2005. by *McMillan, *Hargett.

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

On motion of Rep. McMillan, and seconded by Rep. Hargett, the resolution was adopted.

A motion to reconsider was tabled.

RULES SUSPENDED

Rep. McMillan moved that the rules be suspended for the purpose of introducing House Joint Resolution No. 12 out of order, which motion prevailed.

House Joint Resolution No. 12 -- General Assembly, Joint Conventions - Calls joint convention for Monday, January 31, 2005, for purpose of hearing budget address and transmittal of the budget. by *McMillan, *Hargett.

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

On motion of Rep. McMillan, and seconded by Rep. Hargett, the resolution was adopted.

A motion to reconsider was tabled.

UNFINISHED BUSINESS

RECOGNITION IN THE WELL

Representatives Rinks and Sargent were recognized in the Well for the election of the Fiscal Review Committee.

ELECTION OF MEMBERS TO FISCAL REVIEW COMMITTEE

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

Speaker Naifeh opened the floor for nominations.

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

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Representative Sargent nominated Representatives Todd, Rowland, Dunn and Harry Brooks of the Republican Party; the nomination was properly seconded by Representative Eldridge.

There being no nominations from the floor, Representative McMillan moved that the nominations cease and that the Clerk be directed to take the roll, which motion prevailed by the following vote:

Ayes ...... 95 Noes...... 0

Representatives voting aye were: Armstrong, Baird, Bone, Borchert, Bowers, Briley, Brooks (Knox), Brown, Bunch, Campfield, Casada, Clem, Cobb, Cochran, Coleman, Cooper, Crider, Curtiss, Davidson, Davis, DeBerry J, DeBerry L, DuBois, Dunn, Eldridge, Favors, Ferguson, Fitzhugh, Fowlkes, Fraley, Godsey, Gresham, Hackworth, Hargett, Hargrove, Harmon, Harrison, Harwell, Hawk, Hensley, Hill, Hood, Johnson C, Johnson P, Johnson R, Jones S, Jones U, Kelsey, Kernell, Langster, Litz, Lynn, Maddox, Maggart, Marrero, Matheny, McCord, McCormick, McDaniel, McDonald, McKee, McMillan, Miller, Montgomery, Moore, Mumpower, Newton, Niceley, Odom, Overbey, Pleasant, Pruitt, Rinks, Roach, Rowland, Sargent, Sharp, Shaw, Shepard, Sontany, Stanley, Strader, Swafford, Tidwell, Tindell, Todd, Towns, Turner L, Turner M, Vaughn, Watson, West, Winningham, Yokley, Mr. Speaker Naifeh -- 95.

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

Without objection, a motion to reconsider was tabled.

ANNOUNCEMENTS

APPOINTMENT OF SELECT COMMITTEES

The Speaker announced the appointment of the House Ad Hoc Committees on Rules and Ethics as follows:

RULES: Chairlady—Kim McMillan; Tré Hargett, Kathryn Bowers, Rob Briley, Speaker Pro Tempore Lois DeBerry, Craig Fitzhugh, Jere Hargrove, Russell Johnson, Edith Taylor Langster, Mark Maddox, Richard Montgomery, Larry Miller, Randy Rinks, , Charles Sargent, Paul Stanley and Speaker Jimmy Naifeh

ETHICS: Chairlady—Kim McMillan; Speaker Pro Tempore Lois DeBerry, Rob Briley, Kathryn Bowers, Tré Hargett, Beth Harwell, Joe McCord, Doug Overbey, Mark Maddox, Steve McDaniel, Randy Rinks and Charles Sargent

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APPOINTMENT OF STANDING COMMITTEES

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

AGRICULTURE: Chairman—Gene Davidson, Vice-Chairman—Stratton Bone, Secretary— Willie Borchert; William Baird, Christopher Clem, Chris Crider, Bill Dunn, Dolores Gresham, John Litz, Steve McDaniel, Frank Niceley, Jack Sharp, and Eric Swafford

CHILDREN AND FAMILY AFFAIRS: Chairman—John DeBerry, Vice-Chairman—, Secretary—Beverly Marrero; Kathryn Bowers, Tommie Brown, , Jerome Cochran, Barbara Cooper, , Joanne Favors, , Curtis Johnson, Brian Kelsey, Mark Maddox, Debra Maggart, Donna Rowland, Johnny Shaw, Mike Turner and Nathan Vaughn

COMMERCE: Chairman—Jere Hargrove, Vice-Chairman—Charles Curtiss, Secretary—Dennis Ferguson; Kathryn Bowers, Curt Cobb, John DeBerry, Joanne Favors, Craig Fitzhugh, Jim Hackworth, Bill Harmon, David Hawk, , Judd Matheny, Joe McCord, Gerald McCormick, Bob McKee, Richard Montgomery, Dennis Roach, Charles Sargent, David Shepard, Paul Stanley, Park Strader, , and Eddie Yokley

CONSERVATION AND ENVIRONMENT: Chairman—Gary Odom, Vice-Chairman—Mike McDonald, Secretary—John Tidwell; William Baird, Willie Borchert, George Fraley, David Hawk, Phillip Johnson, Russell Johnson, , Joe McCord and Frank Niceley

CONSUMER AND EMPLOYEE AFFAIRS: Chairman—Ben West, Vice-Chairman—Mike Turner, Secretary—Jim Hackworth; Dewayne Bunch, Stacey Campfield, Glen Casada, Christopher Clem, Sherry Jones, Edith Taylor Langster, Gary Moore, W.C. Pleasant, Donna Rowland and Larry Turner

EDUCATION: Chairman—Les Winningham, Vice-Chairman—Tommie Brown, Secretary—Joe Towns; Harry Brooks, Barbara Cooper, Steve Godsey, Dolores Gresham, Beth Harwell, John Hood, Ulysses Jones, Mark Maddox, Gerald McCormick, Richard Montgomery, Eric Swafford, and Larry Turner

FINANCE, WAYS AND MEANS: Chairman—Craig Fitzhugh, Vice-Chairman—Harry Tindell, Secretary—Johnny Shaw; Joe Armstrong, Stratton Bone, Rob Briley, Tommie Brown, Kent Coleman, Charles Curtiss, Gene Davidson, Tré Hargett, Jere Hargrove, Michael Harrison, Beth Harwell, John Hood, Mark Maddox, Steve McDaniel, Mike McDonald, Bob McKee, Kim McMillan, Larry Miller, Chris Newton, Doug Overbey, Phillip Pinion, Randy Rinks, Dennis Roach, Charles Sargent, Janis Sontany and Nathan Vaughn

GOVERNMENT OPERATIONS: Chairman—Mike Kernell, Vice-Chairman—Henri Brooks, Secretary—Barbara Cooper; Stacey Campfield, David Davis, Lois DeBerry, Tré Hargett, Susan Lynn, Beverly Marrero, Kim McMillan, Randy Rinks, Charles Sargent and Bo Watson

HEALTH AND HUMAN RESOURCES: Chairman—Joe Armstrong, Vice-Chairman—, Secretary—David Shepard; Kathryn Bowers, Chris Crider, John DeBerry, Lois DeBerry, Tom DuBois, Jimmy Eldridge, Joanne Favors, Dennis Ferguson, Tré Hargett, Michael Harrison, Joey Hensley, Sherry Jones, Debra Maggart, Beverly Marrero, Jason Mumpower, Gary Odom, Doug Overbey, Mike Turner and Bo Watson

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JUDICIARY: Chairman—Joe Fowlkes, Vice-Chairman—Kent Coleman, Secretary—Janis Sontany; Rob Briley, Henri Brooks, Frank Buck, Jerome Cochran, Russell Johnson, Brian Kelsey, Kim McMillan and Chris Newton

STATE AND LOCAL GOVERNMENT: Chairman—Ulysses Jones, Vice-Chairman—Edith Langster, Secretary—Eddie Yokley; Harry Brooks, Dewayne Bunch, Lois DeBerry, Tom DuBois, Joey Hensley, Curtis Johnson, John Litz, Judd Matheny, Larry Miller, Gary Moore, Jason Mumpower, Mary Pruitt, Randy Rinks, Park Strader, Harry Tindell, Curry Todd and Ben West

TRANSPORTATION: Chairman—Phillip Pinion, Vice-Chairman—Frank Buck, Secretary— George Fraley; Curt Cobb, David Davis, Bill Dunn, Joe Fowlkes, Steve Godsey, Bill Harmon, Matthew Hill, Phillip Johnson, W.C. Pleasant, Jack Sharp, Paul Stanley, John Tidwell, Nathan Vaughn and Les Winningham

CALENDAR AND RULES: Chairman—Larry Miller, Vice-Chairman—John Hood, Secretary— John Litz; Democratic Designees are Rob Briley and Mary Pruitt; Republican Designees are Steve McDaniel and Doug Overbey

APPOINTMENT OF DEPUTY SPEAKER

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

RECOGNITION IN THE WELL

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

REMARKS BY REPRESENTATIVE HARGETT

Thank you Mr. Speaker. Mr. Speaker, first, I don’t think I publicly acknowledged your victory Tuesday, and I want to congratulate you on now being the longest serving Speaker of the House in Tennessee history.

Mr. Speaker, Members of the 104th General Assembly, as we wind up this organizational session of the 104th General Assembly, I want to express to all members of this House of Representatives my sincere desire to work with this body to improve the quality of life for all Tennesseans. We all know we have many challenges ahead of us like TennCare, education and true charter school reform, the budget, government accountability, and helping our local governments receive their fair share of the state shared taxes—just to name a few of the many issues that will affect the lives of every Tennessean and the future of our state. Republicans in the House have been among those in the front lines of all these issues, and we continue to stand ready with courage and conviction to address the needs of Tennesseans.

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We owe it to the 323,000 Tennesseans who likely will be disenrolled from TennCare to help find solutions for affordable healthcare. We owe it to our children, the future of our state, to make sure that every child has a chance for educational success through public, private, charter and home school initiatives. We owe it to our local governments to see that they are on sound financial footing by continuing our efforts to restore state shared revenues to local governments. And we owe it to all who spend their hard earned tax dollars to provide an accountable and efficient state government. Past Republican initiatives such as performance based budgeting have been steps in the right direction. It is important that Republicans and Democrats reach across the aisle to accomplish these goals. During the last General Assembly, we have stood side by side with this governor to leave no stone unturned on TennCare. As always, we work with this body to give a great flexibility and authority in our efforts to bring reform to this program. We have stood with him to bring about worker’s compensation reform, which would not have been successful without Republican help. And we look forward to continuing to work with the governor on the issues facing our state during this General Assembly.

Mr. Speaker, we applaud your efforts to open this house floor and the votes of our committees of the House to the public through internet access and hopefully, eventually television access. Many Republicans have been on the front lines of this issue as well, and we are excited about these changes. There are areas that we agree and some in which we disagree, but these differences don’t only fall along party lines. Some are going to be urban and rural. Some geographic by state run division. Whatever our differences are, this House was designed by our fore fathers to be a forum where all 99 members have an equal opportunity to make a case for their ideas on how to make our state a better place to live.

It is not what Republicans deserve nor what Democrats deserve. It is what the people who elected each of us deserve. Neither party has a patent on great ideas. However, the exchange of ideas that come about by competitive debate of the issues make both parties better and most importantly Tennessee better. We need to give everyone a chance to use their talents and expertise to draft legislation that sets the best course for Tennessee. Whether it is Charlie Curtiss on nursing home safety, or Judd Matheny on curbing methamphetamine use, David Davis on ethics, or Joe Armstrong on healthcare access, we need to find those individual strengths and use them to the best of our abilities.

We are so blessed in this country and in this state to enjoy the freedom of representative government. As many Tennesseans, such as my own press secretary Lance Frizzell, fight for freedom to vote in Iraq, we must recognize and embrace the will of the people to determine their representation. And it is to the benefit of this state that we include all the people’s representation in finding solutions to the issues before us. And at the end of this day and at the end of the 104th General Assembly, I hope that we all agree that every House Member will have had the opportunity to fully participate in shaping our state’s future.

Mr. Speaker, I would ask that my remarks be spread across the Journal.

ROLL CALL

The roll call was taken with the following results:

Present...... 95

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Representatives present were: Armstrong, Baird, Bone, Borchert, Bowers, Briley, Brooks (Knox), Brown, Bunch, Campfield, Casada, Clem, Cobb, Cochran, Coleman, Cooper, Crider, Curtiss, Davidson, Davis, DeBerry J, DeBerry L, DuBois, Dunn, Eldridge, Favors, Ferguson, Fitzhugh, Fowlkes, Fraley, Godsey, Gresham, Hackworth, Hargett, Hargrove, Harmon, Harrison, Harwell, Hawk, Hensley, Hill, Hood, Johnson C, Johnson P, Johnson R, Jones S, Jones U, Kelsey, Kernell, Langster, Litz, Lynn, Maddox, Maggart, Marrero, Matheny, McCord, McCormick, McDaniel, McDonald, McKee, McMillan, Miller, Montgomery, Moore, Mumpower, Newton, Niceley, Odom, Overbey, Pleasant, Pruitt, Rinks, Roach, Rowland, Sargent, Sharp, Shaw, Shepard, Sontany, Stanley, Strader, Swafford, Tidwell, Tindell, Todd, Towns, Turner L, Turner M, Vaughn, Watson, West, Winningham, Yokley, Mr. Speaker Naifeh -- 95.

RECESS MOTION

Pursuant to House Joint Resolution No. 11, and in order to satisfy the requirements of the Constitution, Rep. McMillan moved that the House adjourn the Organizational Session of the House of Representatives of the 104th General Assembly sine die and that the House convene immediately into Regular Session, which motion prevailed.

Thereupon, in accordance with House Joint Resolution No. 11, Mr. Speaker Naifeh declared the Organizational Session of the House of Representatives of the 104th General Assembly adjourned, sine die.

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