UNOFFICIAL VERSION This Is a Draft Version of the Senate Journal and Is UNOFFICIAL Until Formal Adoption
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UNOFFICIAL VERSION This is a draft version of the Senate Journal and is UNOFFICIAL until formal adoption. THURSDAY, MAY 4, 2017 THIRTY-FOURTH LEGISLATIVE DAY CALL TO ORDER The Senate met at 8:30 a.m., and was called to order by Mr. Speaker McNally. PRAYER The proceedings were opened with prayer by Pastor Adam Davis of Bell Aire Baptist Church in Murfreesboro, Tennessee, a guest of Senator Ketron. PLEDGE OF ALLEGIANCE Senator Ketron led the Senate in the Pledge of Allegiance to the Flag. SALUTE TO THE FLAG OF TENNESSEE Senator Ketron led the Senate in the Salute to the Flag of Tennessee. ROLL CALL The roll call was taken with the following results: Present . 31 Senators present were: Bailey, Beavers, Bell, Bowling, Briggs, Crowe, Dickerson, Gardenhire, Gresham, Haile, Harper, Hensley, Jackson, Johnson, Kelsey, Ketron, Kyle, Lundberg, Massey, Niceley, Norris, Overbey, Roberts, Southerland, Stevens, Tate, Tracy, Watson, Yager, Yarbro and Mr. Speaker McNally--31. COMMUNICATION May 3, 2017 Lt. Governor Randy McNally Suite 1, Legislative Plaza Nashville, Tennessee 37243 Dear Speaker McNally: Please be advised that due to a previously scheduled family obligation on Thursday, I regret that I cannot be present for Session on May 4, 2017. Please let this serve as proper notice of my absence. All my best, /s/ Lee Harris APPROVED: Lieutenant Governor Randy McNally 1306 THURSDAY, MAY 4, 2017 -- 34TH LEGISLATIVE DAY STANDING COMMITTEE REPORT FINANCE, WAYS AND MEANS MR. SPEAKER: Your Committee on Finance, Ways and Means begs leave to report that we have carefully considered and recommend for passage: Senate Bills Nos. 120 with amendment, 483 with amendment, 484 with amendment, 485 and 486. WATSON, Chairperson May 3, 2017 The Speaker announced that he had referred Senate Bills Nos. 120 with amendment, 483 with amendment, 484 with amendment, 485 and 486 to the Committee on Calendar. PRESENTATION Senator Bailey presented Senate Joint Resolution No. 290 to Upperman High School girls' basketball team TSSAA Division I Class AA State Champions. PRESENTATION Senator Jackson introduced students of the Academic Decathlon Team from Madison Academic Magnet High School to the Senate. MOTION Senator Norris moved, pursuant to Rule 32 and Article II, Section 18 of the Constitution of the State of Tennessee, House Bills Nos. 224, 387, 438, 508, 628, 664, 1207, 1291, 1438, 1439, 1441, 1444, 1447, 1448, 1449, 1450 and 1451 be passed on first consideration, which motion prevailed. HOUSE BILLS ON FIRST CONSIDERATION The Speaker announced the following House Bills were transmitted to the Senate and passed first consideration: House Bill No. 224 -- Sunset Laws -- As introduced, extends the department of children's services to June 30, 2021; requires the department to report back to the government operations committee on the department's response to the findings in the performance audit report by December 31, 2017. Amends TCA Title 4, Chapter 29, Part 2; Title 4, Chapter 3, Part 1 and Title 37, Chapter 5. House Bill No. 387 -- Medical Occupations -- As introduced, revises definitions related to practice of chiropractic; changes requirements related to composition, powers, and duties of the board of chiropractic examiners. Amends TCA Title 63, Chapter 4. House Bill No. 438 -- Energy -- As introduced, creates the Tennessee energy policy council to make recommendations to the governor and general assembly on how to manage energy resources in this state. Amends TCA Title 4, Chapter 29; Title 59; Title 60; Title 65 and Title 68. 1307 UNOFFICIAL VERSION THURSDAY, MAY 4, 2017 -- 34TH LEGISLATIVE DAY House Bill No. 508 -- Firearms and Ammunition -- As introduced, creates a private cause of action for a party that is adversely affected by a local ordinance, resolution, policy, rule, or other enactment on firearms that is preempted by state law; prohibits local or state government entities from prohibiting or restricting firearms on state or local property unless certain conditions are met. Amends TCA Title 29, Chapter 20 and Title 39, Chapter 17, Part 13. House Bill No. 628 -- TennCare -- As introduced, requires the bureau of TennCare to report to the senate health and welfare committee and the health committee of the house of representatives concerning the effects of incorporating medication therapy management into its healthcare delivery systems by January 15, 2018. Amends TCA Title 63, Chapter 10 and Title 71, Chapter 5. House Bill No. 664 -- Physicians and Surgeons -- As introduced, enacts the "Interstate Medical Licensure Compact." Amends TCA Title 63. House Bill No. 1207 -- Controlled Substances -- As introduced, requires the department of health to identify the prescribers who are in the top 20 percent prescribers of opioids in this state; requires the identified prescriber to comply with certain requirements after being notified that such provider is a high volume opioid prescriber. Amends TCA Title 4; Title 29; Title 33; Title 38; Title 39; Title 40; Title 41; Title 49; Title 53; Title 56; Title 63; Title 68 and Title 71. House Bill No. 1291 -- Alcoholic Beverage Commission -- As introduced, removes jurisdiction over enforcement of criminal offenses involving marijuana from the commission. Amends TCA Title 57, Chapter 1, Part 2. House Bill No. 1438 -- Taxes, Hotel/Motel -- As introduced, authorizes the City of Portland to levy a privilege tax upon the privilege of occupancy by a two-thirds vote of its governing body. Amends TCA Title 67, Chapter 4, Part 14. House Bill No. 1439 -- Franklin -- Subject to local approval, changes charter provisions related to annexation to align with changes in state law for annexation. Amends Chapter 79 of the Acts of 1903; as amended. House Bill No. 1441 -- Tipton County -- Subject to local approval, repeals requirement that owners of real property obtain a building permit; repeals authorization to hunt red foxes; repeals provisions relative to litter and refuse control; increases from four to five the membership of the Purchasing Committee; revises certain notice requirements; revises provisions relative to jurisdiction of Purchasing Committee; deletes provision authorizing attorneys to appoint a substitute judge under certain circumstances; deletes provision authorizing the governor to fill a judicial vacancy; requires certain tax proceeds to be used for community development. Amends Chapter 518 of the Private Acts of 1941; as amended. House Bill No. 1444 -- Tipton County -- Subject to local approval, enacts the Tipton County Budget and Fiscal Procedure Act of 2017. House Bill No. 1447 -- Liberty -- Subject to local approval, authorizes a $45.00 payment to the mayor for attendance at the monthly meeting of the board of mayor and aldermen. Amends Chapter 796 of the Private Acts of 1947; as amended. House Bill No. 1448 -- Liberty -- Subject to local approval, changes timing of elections for board of mayor and aldermen such that all seats are filled in the same election. Amends Chapter 796 of the Private Acts of 1947; as amended. 1308 UNOFFICIAL VERSION THURSDAY, MAY 4, 2017 -- 34TH LEGISLATIVE DAY House Bill No. 1449 -- Tracy City -- Subject to local approval, rewrites the town charter. Amends Chapter 158 of the Private Acts of 1945; as amended. House Bill No. 1450 -- Gallatin -- Subject to local approval, authorizes the mayor or a member of the city council to run for another public office while mayor or council member, as applicable. Amends Chapter 67 of the Private Acts of 1953; as amended. House Bill No. 1451 -- Gallatin -- Subject to local approval, prohibits the mayor and aldermen from being eligible for the succeeding term in the same office if such official has served more than one-half of a four-year term and the next two subsequent four-year terms, for a maximum of 10 years in that particular office. Amends Chapter 67 of the Private Acts of 1953; as amended. MOTION Senator Norris moved, pursuant to Rule 21, Senate Joint Resolutions Nos. 441 through 444 and 446 ; and Senate Resolutions Nos. 117 and 118 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. 441 by Senator Hensley. Memorials, Academic Achievement -- Jasper "Jax" Stanfill, Salutatorian, Culleoka Unit School. Senate Joint Resolution No. 442 by Senator Hensley. Memorials, Academic Achievement -- Blaine Farmer, Valedictorian, Culleoka Unit School. Senate Joint Resolution No. 443 by Senator Hensley. Memorials, Death -- Daniel McKenzie Speer. Senate Joint Resolution No. 444 by Senator Massey. Memorials, Retirement -- Dr. Karen M. Sowers. Senate Joint Resolution No. 446 by Senator Bailey. Memorials, Retirement -- Don Alexander. Senate Resolution No. 117 by Senator Harper. Memorials, Recognition -- Vivian Michael Wilhoite. Senate Resolution No. 118 by Senator Gresham. Memorials, Recognition -- Hayes Family Reunion. MOTION Senator Norris moved, pursuant to Rule 21, House Joint Resolutions Nos. 484, 485 and 487 through 500; Senate Joint Resolutions Nos. 419 through 440 ; and Senate Resolutions Nos. 99 through 116 lie over and be referred to the appropriate committees or held on the Clerk's desk, which motion prevailed. 1309 UNOFFICIAL VERSION THURSDAY, MAY 4, 2017 -- 34TH LEGISLATIVE DAY RESOLUTIONS LYING OVER The Speaker announced the following resolutions passed second consideration and were referred to the appropriate committees or held on the desk, pursuant to Rule 21: House Joint Resolution No. 484 -- Memorials, Heroism -- Firefighters D.J. Cochran, Kevin Pippens, David Frazier, and Bo Merritt and Park City/Park Ridge Fire Station #4. The Speaker announced that he had referred House Joint Resolution No. 484 to the Committee on Calendar. House Joint Resolution No. 485 -- Memorials, Death -- Franklin Burns. The Speaker announced that he had referred House Joint Resolution No. 485 to the Committee on Calendar. House Joint Resolution No. 487 -- Memorials, Academic Achievement -- MaKayla Alexis Henley, Salutatorian, Hampshire Unit School. The Speaker announced that he had referred House Joint Resolution No. 487 to the Committee on Calendar.