449 WEDNESDAY, FEBRUARY 21, 2007 ELEVENTH LEGISLATIVE DAY the House Met at 2:00 P.M. and Was Called to Order by Mr. Speaker Naif
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WEDNESDAY, FEBRUARY 21, 2007 ELEVENTH LEGISLATIVE DAY The House met at 2:00 p.m. and was called to order by Mr. Speaker Naifeh. The proceedings were opened with prayer by Dr. David Bluford, Parkwest Medical Center, Knoxville, Tennessee. Representative Armstrong led the House in the Pledge of Allegiance to the Flag. ROLL CALL The roll call was taken with the following results: Present.........................................................................................94 Representatives present were Armstrong, Baird, Bass, Bell, Bibb, Bone, Borchert, Briley, Brooks H, Brooks K, Brown, Buck, Campfield, Casada, Cobb C, Coleman, Coley, Cooper, Crider, Curtiss, DeBerry J, DeBerry L, Dunn, Eldridge, Favors, Ferguson, Fincher, Fitzhugh, Ford, Fraley, Gilmore, Gresham, Hackworth, Harmon, Harrison, Harwell, Hawk, Hensley, Hill, Hood, Johnson C, Johnson P, Jones S, Jones U, Kelsey, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marrero, Matheny, Matlock, McCord, McDaniel, McDonald, McManus, Miller, Montgomery, Moore, Mumpower, Neal, Niceley, Odom, Overbey, Pinion, Pitts, Pruitt, Rinks, Roach, Rowe, Rowland, Sargent, Shaw, Shepard, Sontany, Strader, Swafford, Tidwell, Tindell, Todd, Towns, Turner L, Turner M, Vaughn, Watson, West, Williams, Windle, Winningham, Yokley, Mr. Speaker Naifeh -- 94 EXCUSED The Speaker announced that the following member(s) has/have been excused, pursuant to request(s) under Rule No. 20: Representative J. Cobb; business reasons. Representative Dean; business reasons. Representative DuBois; business reasons. Representative Floyd; business reasons. Representative McCormick; business reasons. 449 WEDNESDAY, FEBRUARY 21, 2007 – ELEVENTH LEGISLATIVE DAY SPONSORS ADDED Under Rule No. 43, the following members were permitted to add their names as sponsors as indicated below, the prime sponsor of each having agreed to such addition: House Joint Resolution No. 153: Rep(s). H. Brooks, Roach and Mumpower as prime sponsor(s). House Bill No. 1009: Rep(s). Naifeh, Moore, Coleman, Gresham, Winningham, Lundberg, Casada, Mumpower, M. Turner, K. Brooks, Harrison, Armstrong, Tindell, Kernell, Borchert, Harmon, Sargent, Strader, Hood, Maddox, L. DeBerry, Rowe, Eldridge, McManus, Todd, Lollar, L. Turner, Rowland, J. Cobb, Bell, Floyd, Coley, Matheny, Miller, J. DeBerry, Fitzhugh, Campfield, Shaw, Litz, Marrero, Odom, Lynn, Ferguson, Hawk, U. Jones, Pitts, Yokley, McDonald, Bone, Pruitt, Curtiss, Sontany, C. Cobb, Roach, McDaniel, Ford, H. Brooks, Gilmore, Vaughn, Fincher, Windle, Shepard, Bass, Williams, Rinks, Bibb, Montgomery, Overbey, Hackworth and S. Jones as prime sponsor(s). ENROLLED BILLS February 16, 2007 The following bill(s) have been compared, enrolled, and are ready for the signature(s) of the Speaker(s): House Joint Resolution(s) No(s). 97, 103 and 105. BETTY KAY FRANCIS, Chief Engrossing Clerk. SIGNED February 16, 2007 The Speaker signed the following: House Joint Resolution(s) No(s). 97, 103 and 105. BETTY KAY FRANCIS, Chief Engrossing Clerk. MESSAGE FROM THE SENATE February 16, 2007 MR. SPEAKER: I am directed to return to the House, House Joint Resolution(s) No(s). 97, 103 and 105; signed by the Speaker. RUSSELL A. HUMPHREY, Chief Clerk. REPORT OF CHIEF ENGROSSING CLERK February 16, 2007 The following bill(s) have been transmitted to the Governor for his action: House Joint Resolution(s) No(s). 97, 103 and 105. BETTY KAY FRANCIS, Chief Engrossing Clerk. 450 WEDNESDAY, FEBRUARY 21, 2007 – ELEVENTH LEGISLATIVE DAY MESSAGE FROM THE SENATE February 16, 2007 MR. SPEAKER: I am directed to transmit to the House, Senate Joint Resolution(s) No(s). 11, 12, 14, 15, 16, 17, 18, 19, 20, 22, 23, 25, 26, 27, 29, 30, 39, 40, 41, 42, 44, 45, 48, 49, 50, 52, 53, 56, 57, 59, 60, 62, 80 and 81; for the signature of the Speaker. RUSSELL A. HUMPHREY, Chief Clerk. SIGNED February 16, 2007 The Speaker signed the following: Senate Joint Resolution(s) No(s). 11, 12, 14, 15, 16, 17, 18, 19, 20, 22, 23, 25, 26, 27, 29, 30, 39, 40, 41, 42, 44, 45, 48, 49, 50, 52, 53, 56, 57, 59, 60, 62, 80 and 81. REPORT OF CHIEF ENGROSSING CLERK February 16, 2007 The following bill(s) have been transmitted to the Governor for his action: House Joint Resolution(s) No(s). 87, 88, 90, 92, 94, 96 and 109. BETTY KAY FRANCIS, Chief Engrossing Clerk. MESSAGE FROM THE GOVERNOR February 16, 2007 MR. SPEAKER: I am directed by the Governor to return herewith: House Joint Resolution(s) No(s). 87, 88, 90, 92, 94, 96, 97, 103, 105 and 109, with his approval. STEVEN E. ELKINS, Counsel to the Governor. MESSAGE FROM THE SENATE February 21, 2007 MR. SPEAKER: I am directed to transmit to the House, Senate Joint Resolution(s) No(s). 72, 73 and 74; adopted for the House’s action. RUSSELL A. HUMPHREY, Chief Clerk. Senate Joint Resolution No. 72 -- Memorials, Retirement - Betty Nixon. by *Henry, *Herron, *Cooper, *Harper, *Beavers, *Black, *Bunch, *Burchett, *Burks, *Crowe, *Crutchfield, *Finney R., *Finney L., *Flinn, *Ford, O., *Haynes, *Jackson, *Johnson, *Ketron, *Kilby, *Kurita, *Kyle, *McNally, *Norris, *Ramsey, *Southerland, *Stanley, *Tate, *Tracy, *Watson, *Wilder, *Williams, *Woodson. Senate Joint Resolution No. 73 -- Memorials, Recognition - Laura Smith Tidwell, Star Spangled Salute. by *Haynes, *Harper, *Henry. 451 WEDNESDAY, FEBRUARY 21, 2007 – ELEVENTH LEGISLATIVE DAY Senate Joint Resolution No. 74 -- Memorials, Recognition - Jeff Whitehorn, Star Spangled Salute. by *Haynes, *Harper, *Henry. PERSONAL ORDERS RECOGNITION IN THE WELL Representative Cooper was recognized in the Well to introduce Representative Tommie Brown, Coordinator of the Harriet Tubman Project. A presentation, which included oral recitations, reenactments and choral selections on the life and works of Harriet Tubman, was given by elementary school students from Memphis and Chattanooga. PRESENT IN CHAMBER Representative(s) J. Cobb, Dean and Floyd was/were recorded as being present in the Chamber. RULES SUSPENDED House Bill No. 1009, which proceeded through the normal Committee process, had been placed on the Regular Calendar for Monday, February 26, 2007 by the Committee on Calendar and Rules. Rep. Odom moved that the rules be suspended to consider House Bill No. 1009 at this time instead of Monday, February 26, 2007. Without objection, the motion to suspend the rules was adopted: *House Bill No. 1009 -- Holidays and Days of Special Observance - Designates March 10 as "Harriet Tubman Day." Amends TCA Title 15. by *Brown, *Cooper B, *Favors, *Towns. (SB1087 by *Ford, O., *Kyle) Rep. Brown moved that House Bill No. 1009 be passed on third and final consideration. Rep. Winningham moved adoption of Amendment No. 1 as follows: Amendment No. 1 AMEND House Bill No. 1009 By adding the following language between the eleventh and twelfth resolving clauses in the preamble: WHEREAS, the principals, teachers, and students of Caldwell Elementary School, Hardy Elementary School, and the Tommie F. Brown Academy of Classical Studies constitute a group of intrepid and concerned individuals, and their concerted efforts to have March 10, 2007, recognized as “Harriet Tubman Day in Tennessee” is a testament to the dedication necessary to properly memorialize one of the greatest figures in American history; and 452 WEDNESDAY, FEBRUARY 21, 2007 – ELEVENTH LEGISLATIVE DAY WHEREAS, the students of Caldwell Elementary School in Memphis, along with principal LaWanda Hill and teachers Queen Barnes, Lytisha Woodard, and Celia Tallent, and Mrs. Joan Nelson, co-owner and founder of SLAVEHAVEN Museum; Hardy Elementary School in Chattanooga, along with principal Natalie Elder, teachers Jennifer Hartley and Sylvia Green, and education assistant Cathy Bragg; and the Tommie F. Brown Academy of Classical Studies, along with Principal Burk, assistant principal Diane Austin, and teachers Catherine Long, Shirley James, and Lana Greer, have displayed the finest qualities of concerned citizenship and unfailing legislative discipline the pursuit of their goal; and WHEREAS, the students of Caldwell Elementary School are: Rayford Albright, Marvetta Betts, Duntavias Branch, Orlando Bridges, Derek Briscoe, Marquis Greer, Dynesha Hammond, Kenta Jennings, Demetria Johnson, Eddie Johnson, Crystal Lindsey, Quazez Maze, Colia Thomas, LaVontae Young, Jermey Baker, Jimmy Barnes, Andrew Bell, Mattie Branch, Dante Clark, Shawnquez Clark, Quanterrius Flowers, Maresha Harden, Octavious Johnson, Paige Latham, Kanoshi McCollough, Takita Nichols, Justin Robinson, Aileena Wiley, Arkeem Wiley, Darius Applewhite, Terrian Bass, Briana Beckley, Marquetta Betts, Jessica Diggs, Khacey Glasper, Carlos Harris, Brandon Johnson, Elizabeth Miller, Catron Nathan, Lakevia Parker, Cordarius Payne, Takeva Shaw, LaQuasha Simmons, Kimberly White, and Robbie Williams; and WHEREAS, the students of Hardy Elementary School are: Kendra Benn, Chris Logan, Yolanda Blake, JT Parker, Carol Green, Frankie Bates, Darryl Highes, Destinie Moorer, Jessica Parker, Kevin Yates, Jay Barrow, Krystain Bryant, Natasha Carter, Tiara Mathis, Ireisha Paige, Miesha Bell, Alexus Brown, Thomas Simmons, Kendall Brown, Shayla Hudgins, Ivan Gladney, Lizarrius Rice, Cedric Douglas, Dajah Euganks, and Tahtiana Yates; and WHEREAS, the students of the Tommie F. Brown Academy of Classical Studies are: DaJour Blackman, Dwight Crutcher, Diamez Franklin, Proshonteya Garrett, Rafael Green, Sydney Harris, Dionta Humphrey, Brianna Johnson, Letresha Ledet, Shanna Love, Kashana Moon, Jasmine Norman, ChaFonte Pride, Bria Tate, Shaviya Vinson, Yasmine Baker, Kedrick Bradley, Caroteene Cabrera, Jermey Calhoun,