UNOFFICIAL VERSION This is a draft version of the Senate Journal and is UNOFFICIAL until formal adoption. SENATE JOURNAL OF THE ONE HUNDRED EIGHTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE ORGANIZATIONAL SESSION TUESDAY, JANUARY 8, 2013 FIRST ORGANIZATIONAL DAY CALL TO ORDER The Senate of the One Hundred Eighth General Assembly of the State of Tennessee was called to order at twelve o'clock noon by Mr. Speaker Ramsey in accordance with Article II, Sections 3 and 8 of the Constitution of the State of Tennessee. PRAYER The proceedings were opened with prayer by Pastor Tom Reed of Elizabeth Chapel United Methodist Church in Bluff City, Tennessee, a guest of Mr. Speaker Ramsey. PRESENTATION Members of the Tennessee Highway Patrol Honor Guard presented the colors. PLEDGE OF ALLEGIANCE Senator Watson led the Senate in the Pledge of Allegiance to the Flag. OATH OF OFFICE OF SENATORS-ELECT The following Senators-elect, found to be duly elected and qualified, stood and were administered the oath prescribed by the Constitution of the State of Tennessee and Tennessee Code Annotated, Section 3-1-105 by the Honorable William C. Koch, Jr., of the Tennessee Supreme Court: Second Senatorial District -- Doug Overbey, representing Blount and Sevier Counties. Fourth Senatorial District -- Ron Ramsey, representing part of Carter, Johnson and Sullivan Counties. Sixth Senatorial District -- Becky Massey, representing part of Knox County. Eighth Senatorial District -- Frank Niceley, representing Claiborne, Grainger, Hancock, Hawkins, Jefferson and Union Counties. Tenth Senatorial District -- Todd Gardenhire, representing Bradley and part of Hamilton Counties. 1 TUESDAY, JANUARY 8, 2013 -- 1ST ORGANIZATIONAL DAY Twelfth Senatorial District -- Ken Yager, representing Campbell, Fentress, Morgan, Rhea, Roane, Pickett and Scott Counties. Fourteenth Senatorial District -- Jim Tracy, representing Bedford, Lincoln, Marshall, Moore and parts of Rutherford Counties. Sixteenth Senatorial District -- Janice Bowling, representing Coffee, Franklin, Grundy, Marion, Sequatchie, Van Buren and Warren Counties. Eighteenth Senatorial District -- Ferrell Haile, representing Sumner, Trousdale and part of Davidson Counties. Twentieth Senatorial District -- Steven Dickerson, representing part of Davidson County. Twenty-second Senatorial District -- Mark Green, representing Stewart, Houston and Montgomery Counties. Twenty-fourth Senatorial District -- John Stevens, representing Benton, Carroll, Henry, Obion and Weakley Counties. Twenty-sixth Senatorial District -- Dolores Gresham, representing Chester, Decatur, Fayette, Hardeman, Hardin, Haywood, Henderson and McNairy Counties. Twenty-eighth Senatorial District -- Joey Hensley, representing Giles, Lawrence, Lewis, Maury, Perry and Wayne Counties. Thirtieth Senatorial District -- Jim Kyle, representing part of Shelby County. Thirty-second Senatorial District -- Mark Norris, representing Tipton and part of Shelby Counties. ROLL CALL The roll call was taken with the following results: Present . 33 Senators present were: Beavers, Bell, Bowling, Burks, Campfield, Crowe, Dickerson, Finney, Ford, Gardenhire, Green, Gresham, Haile, Harper, Henry, Hensley, Johnson, Kelsey, Ketron, Kyle, Massey, McNally, Niceley, Norris, Overbey, Southerland, Stevens, Summerville, Tate, Tracy, Watson, Yager and Mr. Speaker Ramsey--33. ADOPTION OF TEMPORARY RULES Senator Norris moved the Temporary Rules of the Senate of the One Hundred Seventh General Assembly be made the Temporary Rules of the Senate of the One Hundred Eighth General Assembly. Senator Kyle seconded the motion. The motion prevailed by the following vote: 2 UNOFFICIAL VERSION TUESDAY, JANUARY 8, 2013 -- 1ST ORGANIZATIONAL DAY Ayes . 33 Noes . 0 Senators voting aye were: Beavers, Bell, Bowling, Burks, Campfield, Crowe, Dickerson, Finney, Ford, Gardenhire, Green, Gresham, Haile, Harper, Henry, Hensley, Johnson, Kelsey, Ketron, Kyle, Massey, McNally, Niceley, Norris, Overbey, Southerland, Stevens, Summerville, Tate, Tracy, Watson, Yager and Mr. Speaker Ramsey--33. MR. SPEAKER RAMSEY RELINQUISHES CHAIR Mr. Speaker Ramsey relinquishes the chair to Senator McNally as Speaker Pro Tempore. ELECTION OF SPEAKER Mr. Speaker Pro Tempore McNally announced the first order of business was the election of a Speaker and stated that nominations for the position were in order. Senator Norris placed in nomination the name of Senator Ramsey, of Sullivan County, representing the 4th Senatorial District. Senator Ketron seconded the nomination of Senator Ramsey. Senator Watson moved the nominations cease and the Clerk be directed to call the roll, which motion prevailed. The roll call was taken with the following results: Senator Ramsey ......................... 28 Senator Kyle ............................... 4 Senators voting for Senator Ramsey were: Beavers, Bell, Bowling, Burks, Campfield, Crowe, Dickerson, Gardenhire, Green, Gresham, Haile, Hensley, Johnson, Kelsey, Ketron, Massey, McNally, Niceley, Norris, Overbey, Southerland, Stevens, Summerville, Tate, Tracy, Watson, Yager and Mr. Speaker Ramsey--28. Senators voting for Senator Kyle were: Finney, Ford, Harper and Kyle--4. Mr. Speaker Pro Tempore McNally declared that Senator Ramsey, having received a majority of votes of the Senate membership, was duly, legally, constitutionally elected Speaker of the Senate and Lieutenant Governor of the One Hundred Eighth General Assembly of the State of Tennessee. APPOINTMENT OF SELECT COMMITTEE Mr. Speaker Pro Tempore McNally appointed a committee composed of Senators Crowe, Gresham and Watson to escort Mr. Speaker Ramsey to the chair. OATH OF OFFICE OF SPEAKER The oath of office was administered to Mr. Speaker Ramsey by the Honorable William C. Koch, Jr., of the Tennessee Supreme Court. 3 UNOFFICIAL VERSION TUESDAY, JANUARY 8, 2013 -- 1ST ORGANIZATIONAL DAY REMARKS OF MR. SPEAKER RAMSEY Thank you. First, of course, I would like to thank God. All that I have and all that I am comes through Him. I will never forget that eternal truth. Thank you also to my family. I have the greatest wife in the world, three of the most beautiful daughters in the world and, most recently, two grandchildren. If I ever need a reminder of why I serve, I need only to look into the eyes of young Parker and young Briggs. They are the future of Tennessee and I will fight for them as long as I draw breath. Thank you also to my colleagues who elected me. To those of you who are new and even those who are not, cherish this moment. We are a very lucky few that get to serve this great state. Never take the responsibility for granted. I would especially like to thank the people of Tennessee. It has been the honor of my life to serve you as Lt. Governor and Speaker of the Senate. I appreciate the trust you have placed in me. I will not let you down. This is a truly historic time in Tennessee. I have said many times that it matters who governs. Since becoming Speaker in 2007, I believe we have proven the truth of that statement beyond a shadow of a doubt. Over that time, we have put conservative principles into action by balancing our budget, instituting landmark education reform and cutting taxes. We have made a commitment to efficiency in the legislature, doing the people’s business and getting out on time. We plan to continue that tradition. The days of legislative sessions dragging into May and beyond are over. We have not only brought efficiency and accountability back to government; we have shrunk its size and limited its scope. In lean times, we have cut and balanced our budget -- and even returned money to the taxpayer in the process. When we have borrowed money, we have paid it back – promptly and in full. That is the Tennessee way. This, of course, stands in great contrast to our federal government. While the people of Tennessee have elected leaders committed to fiscal responsibility in unprecedented numbers, the nation has gone another way. As our federal government teeters on the edge of a fiscal cliff, Tennessee’s feet stand planted firmly on sound fiscal principles. I stand before you committed to ensuring November’s resounding call for less spending, more jobs and smaller government forever echoes in the halls of state government. Tennessee is an oasis of fiscal sanity in a nation consumed with debt. As long as I am Speaker, I will fight to ensure it remains so. 4 UNOFFICIAL VERSION TUESDAY, JANUARY 8, 2013 -- 1ST ORGANIZATIONAL DAY Thank you and God Bless You. APPOINTMENT OF OFFICIALS The Speaker announced the appointment of Mr. Russell Humphrey of Williamson County, Chief Clerk; Mr. Alan Whittington of Davidson County, Deputy Chief Clerk; and Mr. Don Keaton of Wilson County, Chief Sergeant at Arms. OATH OF OFFICE OF OFFICIALS Mr. Speaker Ramsey administered the oath of office to Mr. Russell Humphrey, Chief Clerk; Mr. Alan Whittington, Deputy Chief Clerk; and Mr. Don Keaton, Chief Sergeant at Arms. MOTION Senator Norris moved that a committee be appointed by the Speaker to notify the House of Representatives the Senate had perfected its organization and was ready for the transaction of business, which motion prevailed. APPOINTMENT OF SELECT COMMITTEE The Speaker announced the appointment of the following committee to notify the House of Representatives the Senate had perfected its organization and was ready for the transaction of business: Senators Bell, Ford, Henry, Hensley, Niceley and Tate. Senator Niceley served as Chairperson of this committee. MOTION Senator Norris moved that a committee be appointed by the Speaker