HOUSE JOURNAL of the ONE HUNDRED FOURTH GENERAL ASSEMBLY of the STATE OF TENNESSEE TUESDAY, JANUARY 11, 2005 FIRST ORGANIZATIONAL DAY The House of Representatives of the One Hundred Fourth General Assembly of the State of Tennessee was called to order at twelve o’clock noon by Jimmy Naifeh, Speaker of the One Hundred Third General Assembly, in accordance with Article II, Sections 3 and 8 of the Constitution of the State of Tennessee. The Speaker invited family and friends of the members-elect into the Chamber. The proceedings were opened with prayer by Reverend George Gracey, First Presbyterian Church, Clarksville, Tennessee. Representative McMillan led the House in the Pledge of Allegiance to the Flag. RECOGNITION IN THE WELL Representative McDonald was recognized in the Well to introduce the Gallatin High School Performers, who performed the National Anthem. The Speaker directed Mr. Burney T. Durham, Chief Clerk of the One Hundred Third General Assembly, to call the names, by district, of the duly elected Representatives who have been certified by the Secretary of State. REPRESENTATIVES BY DISTRICT First Representative District—Steve Godsey Second Representative District—Nathan Vaughn Third Representative District—Jason Mumpower Fourth Representative District—Jerome Cochran Fifth Representative District—David Hawk Sixth Representative District—David Davis Seventh Representative District—Matthew Hill 1 TUESDAY, JANUARY 11, 2005 – FIRST ORGANIZATIONAL DAY Eighth Representative District—Joe McCord Ninth Representative District—Michael Harrison Tenth Representative District—John Litz Eleventh Representative District—Eddie Yokley Twelfth Representative District—Richard Montgomery Thirteenth Representative District—Harry J. Tindell Fourteenth Representative District—Park M. Strader Fifteenth Representative District—Joseph E. Armstrong Sixteenth Representative District—Bill Dunn Seventeenth Representative District—Frank S. Niceley Eighteenth Representative District—Stacey Campfield Nineteenth Representative District—Harry Brooks Twentieth Representative District—Doug Overbey Twenty-first Representative District—Russell Johnson Twenty-second Representative District—J. Chris Newton Twenty-third Representative District—Robert (Bob) McKee Twenty-fourth Representative District—Dewayne Bunch Twenty-fifth Representative District—Eric Swafford Twenty-sixth Representative District—Gerald McCormick Twenty-seventh Representative District—Christopher Clem Twenty-eighth Representative District—Tommie F. Brown Twenty-ninth Representative District—Joanne Favors Thirtieth Representative District—Jack Sharp Thirty-first Representative District—Foy (Bo) W. Watson Thirty-second Representative District—Dennis J. Ferguson Thirty-third Representative District—Jim Hackworth 2 TUESDAY, JANUARY 11, 2005 – FIRST ORGANIZATIONAL DAY Thirty-fourth Representative District—Donna Rowland Thirty-fifth Representative District—Dennis E. Roach Thirty-sixth Representative District—William Baird Thirty-seventh Representative District—Bill Harmon Thirty-eighth Representative District—Leslie E. Winningham Thirty-ninth Representative District—George Fraley Fortieth Representative District—Frank Buck Forty-first Representative District—John Mark Windle Forty-second Representative District—Jere L. Hargrove Forty-third Representative District—Charles Curtiss Forty-fourth Representative District—Michael Ray McDonald Forty-fifth Representative District—Debra Young Maggart Forty-sixth Representative District—Stratton Bone Forty-seventh Representative District—Judd Matheny Forty-eighth Representative District—John Hood Forty-ninth Representative District—Kent Coleman Fiftieth Representative District—Gary W. Moore Fifty-first Representative District—Michael Turner Fifty-second Representative District—Rob Briley Fifty-third Representative District—Janis Baird Sontany Fifty-fourth Representative District—Edith Taylor Langster Fifty-fifth Representative District—Gary Odom Fifty-sixth Representative District—Beth Halteman Harwell Fifty-seventh Representative District—Susan Lynn Fifty-eighth Representative District—Mary Pruitt Fifty-ninth Representative District—Sherry Stoner Jones 3 TUESDAY, JANUARY 11, 2005 – FIRST ORGANIZATIONAL DAY Sixtieth Representative District—Ben West, Jr. Sixty-first Representative District—Charles Sargent Sixty-second Representative District—Curt Cobb Sixty-third Representative District—Glen Casada Sixty-fourth Representative District—J. Thomas DuBois Sixty-fifth Representative District—Joe Fowlkes Sixty-sixth Representative District—Eugene E. Davidson Sixty-seventh Representative District—Kim McMillan Sixty-eighth Representative District—Curtis G. Johnson Sixty-ninth Representative District—David Shepard Seventieth Representative District—Joey Hensley Seventy-first Representative District—Randy Rinks Seventy-second Representative District—Steve McDaniel Seventy-third Representative District—Jimmy Eldridge Seventy-fourth Representative District—John C. Tidwell Seventy-fifth Representative District—Willie Butch Borchert Seventy-sixth Representative District—Mark Maddox Seventy-seventh Representative District—Phillip Pinion Seventy-eighth Representative District—Phillip Johnson Seventy-ninth Representative District—Chris Crider Eightieth Representative District—Johnny W. Shaw Eighty-first Representative District—Jimmy Naifeh Eighty-second Representative District—Craig Fitzhugh Eighty-third Representative District—Brian K. Kelsey Eighty-fourth Representative District—Joe Towns, Jr. Eighty-fifth Representative District—Larry Turner 4 TUESDAY, JANUARY 11, 2005 – FIRST ORGANIZATIONAL DAY Eighty-sixth Representative District—Barbara Cooper Eighty-seventh Representative District—Kathryn Bowers Eighty-eighth Representative District—Larry J. Miller Eighty-ninth Representative District—Beverly Marrero Ninetieth Representative District—John DeBerry Ninety-first Representative District—Lois M. DeBerry Ninety-second Representative District—Henri E. Brooks Ninety-third Representative District—Michael L. Kernell Ninety-fourth Representative District—Dolores Gresham Ninety-fifth Representative District—Curry Todd Ninety-sixth Representative District—Paul Stanley Ninety-seventh Representative District—Tre Hargett Ninety-eighth Representative District—Ulysses Jones, Jr. Ninety-ninth Representative District—W.C. Pleasant The Speaker asked the Clerk if any petitions had been filed relative to the election and the Clerk announced that there were none. EXCUSED The Speaker announced that the following member(s) has/have been excused from today’s Session: Representative Brooks (Shelby); illness. Representative Windle; active military duty. OATHS OF OFFICE OF REPRESENTATIVES-ELECT All Representatives-elect stood and were administered the Oath of Office by the Honorable Justice Adolpho A. Birch, Jr. of the Tennessee Supreme Court, as prescribed by the State Constitution and the Statutes of Tennessee. 5 TUESDAY, JANUARY 11, 2005 – FIRST ORGANIZATIONAL DAY REPORT OF THE AD HOC COMMITTEE ON RULES JANUARY 10, 2005 THE HOUSE AD HOC COMMITTEE ON RULES MET ON JANUARY 10, 2005 AND RECOMMENDED THAT THE FOLLOWING BE ADOPTED AS THE TEMPORARY RULES OF THE HOUSE OF REPRESENTATIVES FOR THE 104TH GENERAL ASSEMBLY. TEMPORARY RULES OF ORDER of the TENNESSEE HOUSE OF REPRESENTATIVES One Hundred Fourth General Assembly 1. SPEAKER TO CONVENE HOUSE. At the hour to which the House shall have been adjourned, the Speaker shall proceed to the dais and announce that the House is in session in accordance with the adjournment motion previously made. The Speaker shall then call the House to order and, after appropriate opening ceremonies, call for the regular order of business, beginning with a roll call to determine that a quorum is present. A quorum of the House of Representatives shall be as defined by the Constitution of the State of Tennessee: “Not less than two-thirds of all the members to which each house shall be entitled shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized, by law, to compel the attendance of absent members.” Article 2, Section 11, Constitution of the State of Tennessee. 2. SPEAKER TO PRESERVE ORDER. The Speaker shall preserve order and decorum and may speak to points of order in preference to other members. The Speaker will have the authority to set the guidelines for decorum. 3. OTHER DUTIES OF SPEAKER. The Speaker shall supervise the preparation of the daily Journal and shall have general direction of the Representative Chamber in accordance with the authority granted under the Rules of the House. 4. ORDER IN GALLERY OR LOBBY. In case of any disturbance or disorderly conduct in the gallery or lobby, the Speaker or the Chair of the Committee of the Whole shall have power to order the same to be cleared. 5. FORMS OF QUESTIONS. Questions shall be put directly in this form: "Representatives in favor of (then state the proposition) say 'Aye' and, after the affirmative will be expressed, "Representatives who are opposed, say 'No'." If the Speaker doubt, or a roll call be requested, as provided in Rule 29, a roll call vote shall be taken. 6 TUESDAY, JANUARY 11, 2005 – FIRST ORGANIZATIONAL DAY 6. SPEAKER TO APPOINT COMMITTEES. The Speaker shall appoint all committees, unless otherwise directed by the House, in which case they shall be elected by a vote of the House; and if, upon the first ballot, there be no election, a second ballot shall be taken, in which a plurality of votes shall elect. The Speaker shall, in appointing