4458 WEDNESDAY, JUNE 2, 2010 the Senate Met at 2:00 Pm, And
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WEDNESDAY, JUNE 2, 2010 The Senate met at 2:00 p.m., and pursuant to Senate Rule of Order 3, was called to order by Madame Speaker Pro Tempore Woodson. Madame Speaker Pro Tempore Woodson declared that pursuant to Senate Rule 1, Article II, Section 11 of the Constitution of the State of Tennessee, that the Senate stand in recess until 9:00 a.m., Thursday, June 3, 2010, due to lack of a quorum. (NINETIETH LEGISLATIVE DAY ON THE FOLLOWING PAGES) 4458 THURSDAY, JUNE 3, 2010 -- 90TH LEGISLATIVE DAY THURSDAY, JUNE 3, 2010 NINETIETH LEGISLATIVE DAY CALL TO ORDER The Senate met at 9:00 a.m., and was called to order by Mr. Speaker Ramsey. PRAYER The proceedings were opened with prayer by Senator Finney. PLEDGE OF ALLEGIANCE Senator Finney led the Senate in the Pledge of Allegiance to the Flag. ROLL CALL The roll call was taken with the following results: Present . 33 Senators present were: Barnes, Beavers, Berke, Black, Bunch, Burchett, Burks, Crowe, Faulk, Finney, Ford, 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--33. 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. 401, 673 with amendment, 844 with amendment, 1653 with amendment, 2041 with amendment, 2386, 2407 with amendment, 2483, 2503, 2516, 2658, 2684 with amendment, 2723, 2854, 2855, 2856, 3010, 3092, 3125, 3218, 3268 with amendment, 3354 with amendment, 3427 with amendment, 3480, 3502, 3551, 3665, 3667, 3668, 3673 and 3916 with amendment; and House Joint Resolutions Nos. 472 and 917. MCNALLY, Chairperson June 1, 2010 The Speaker announced that he had referred Senate Bills Nos. 401, 673 with amendment, 844 with amendment, 1653 with amendment, 2041 with amendment, 2386, 2407 with amendment, 2483, 2503, 2516, 2658, 2684 with amendment, 2723, 2854, 2855, 2856, 3010, 3092, 3125, 3218, 3268 with amendment, 3354 with amendment, 3427 with amendment, 3480, 3502, 3551, 3665, 3667, 3668, 3673 and 3916 with amendment; and House Joint Resolutions Nos. 472 and 917 to the Committee on Calendar. PRESENTATION Senator Harper presented Senate Joint Resolution No. 1194 to Ms. Cora Thompson Patton. 4459 THURSDAY, JUNE 3, 2010 -- 90TH LEGISLATIVE DAY RECALL OF BILL On motion of Senator McNally, Senate Bill No. 981 was recalled from the Committee on Finance, Ways and Means. REFERRAL OF BILL Senator McNally moved that Senate Bill No. 981 be referred to the Committee on Calendar, which motion prevailed. MOTION Senator McNally moved that Rule 83(8) be suspended for the purpose of placing Senate Bill No. 3350 ; and House Joint Resolution No. 992 on the calendar for the Committee on Finance, Ways and Means for Thursday, June 3, 2010, which motion prevailed. MOTION Senator Norris moved that Rule 37 be suspended for the purpose of allowing any bills recommended for passage by the Committee on Finance, Ways and Means to be placed on the calendar for Thursday, June 3, 2010, which motion prevailed. MOTION Senator Norris moved, pursuant to Rule 32 and Article II, Section 18 of the Constitution of the State of Tennessee, House Bills Nos. 2644, 2645, 2693, 3176 and 3499 be passed on first consideration, which motion prevailed. HOUSE BILLS ON FIRST CONSIDERATION The Speaker announced that the following House Bills were transmitted to the Senate and passed first consideration: House Bill No. 2644 -- Welfare -- As introduced, requires parents or caretaker relatives who are recipients of Families First to agree to either a parent education class or volunteer community service in schools as part of a personal responsibility plan. Amends TCA Section 71-3-154. House Bill No. 2645 -- Labor and Workforce Development, Dept. of -- As introduced, requires the department, in conjunction with the Department of Education, to develop and implement program for payment of licensing test costs for adult students who received a high school diploma or GED through a career and technical education program. Amends TCA Title 4, Chapter 3, Part 14 and Title 49, Chapter 11. House Bill No. 2693 -- 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. House Bill No. 3176 -- Naming and Designating -- As introduced, "Larry Lively HoPE Center", Taft Youth Development Center. 4460 THURSDAY, JUNE 3, 2010 -- 90TH LEGISLATIVE DAY House Bill No. 3499 -- Education, State Board of -- As introduced, requires all staff members at the Tennessee School for the Blind, the Tennessee School for the Deaf, and the West Tennessee School for the Deaf to become certified in CPR and maintain such certification. Amends TCA Title 49 and Title 68. 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. 3957 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. 3957 Local bill -- held on desk. MOTION Senator Norris moved, pursuant to Rule 21, Senate Joint Resolutions Nos. 1278 through 1300 ; and Senate Resolutions Nos. 230 through 232 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. 1278 by Senator Henry. Memorials, Sports -- Father Ryan High School, Rugby State Champions. Senate Joint Resolution No. 1279 by Senator Burks. Memorials, Personal Occasion -- Elmer "Shorty" Winningham, 103rd birthday. Senate Joint Resolution No. 1280 by Senator Burks. Naming and Designating -- "Dairy Month", June 2010. Senate Joint Resolution No. 1281 by Senator Overbey. Memorials, Retirement -- Geraldine Anderson. Senate Joint Resolution No. 1282 by Senator Faulk. Memorials, Professional Achievement -- William A. Underwood, awarded the Richard C. Crawford Distinguished Service Award by the Tennessee Valley Public Power Association. Senate Joint Resolution No. 1283 by Senator Faulk. Memorials, Professional Achievement -- Dale Schneitman, Jefferson County High School, Principal of the Year. Senate Joint Resolution No. 1284 by Senator Faulk. Memorials, Recognition -- White Pine School Science and Energy Team. 4461 THURSDAY, JUNE 3, 2010 -- 90TH LEGISLATIVE DAY Senate Joint Resolution No. 1285 by Senator Ford. Memorials, Interns -- Phillip Coutant. Senate Joint Resolution No. 1286 by Senator Finney. Memorials, Sports -- Huntingdon High School softball team, District 13A Championship. Senate Joint Resolution No. 1287 by Senator Finney. Memorials, Death -- Walter S. Hendrix, Jr. Senate Joint Resolution No. 1288 by Senator Finney. Memorials, Recognition -- Business and Professional Women of Tennessee, Inc., 2010 State Convention. Senate Joint Resolution No. 1289 by Senator Finney. Memorials, Death -- Jack Moore. Senate Joint Resolution No. 1290 by Senator Henry. Memorials, Sports -- Father Ryan High School, Rugby State Champions. Senate Joint Resolution No. 1291 by Senator Haynes. Memorials, Recognition -- Gaëtan Ruest, Mayor of Amqui, Quebec, Canada. Senate Joint Resolution No. 1292 by Senator Crowe. Memorials, Death -- Stuart Wood, Jr. Senate Joint Resolution No. 1293 by Senator Crowe. Memorials, Death -- John G. Love, Sr. Senate Joint Resolution No. 1294 by Senator McNally. Memorials, Public Service -- Richard V. Norment, David M. Walker Excellence in Government Performance and Accountability Award. Senate Joint Resolution No. 1295 by Senator McNally. Memorials, Retirement -- Ed Hennessee. Senate Joint Resolution No. 1296 by Senator Burchett. Memorials, Death -- Haywood Harris. Senate Joint Resolution No. 1297 by Senator Burchett. Memorials, Death -- Robert J. Rush. Senate Joint Resolution No. 1298 by Senator Burchett. Memorials, Retirement -- Patricia Evans. Senate Joint Resolution No. 1299 by Senator Burks. Memorials, Government Officials -- Encourages state departments and healthcare service providers to seek out programs and initiatives to ensure availability of cost effective healthcare services for elderly population in rural areas. Senate Joint Resolution No. 1300 by Senator Stewart. Memorials, Retirement -- Marilyn McGee. 4462 THURSDAY, JUNE 3, 2010 -- 90TH LEGISLATIVE DAY Senate Resolution No. 230 by Senator Johnson. Memorials, Recognition -- Luke Gustafson and Mackenzie Miller, wedding. Senate Resolution No. 231 by Senator McNally. General Assembly, Statement of Intent or Position -- Expresses concerns relative to state's new contract to manage pharmacy benefits for state employees and retirees. Senate Resolution No. 232 by Senator Black. Memorials, Professional Achievement -- Bath Fitter Tennessee, Inc., Governor's Award of Excellence for Workplace Safety. MOTION Senator Norris moved, pursuant to Rule 21, House Joint Resolutions Nos. 1360 through 1363, 1365 through 1367 and 1369; Senate Joint Resolutions Nos. 1264 through 1267, 1269 through 1274, 1276 and 1277 ; and Senate Resolution No. 229 lie over and be referred to the appropriate committees or held