THURSDAY, JANUARY 13, 2011 THIRD ORGANIZATIONAL DAY The House met at 9:00 a.m., and was called to order by Madam Speaker Harwell. The proceedings were opened with prayer by Reverend Roderick J. Glatt, Mt. Gilead Baptist Church, Nashville, TN. Representative Gilmore led the House in the Pledge of Allegiance to the Flag. ROLL CALL The roll call was taken with the following results: Present....................................................................................... 97 Representatives present were Alexander, Armstrong, Bass, Brooks H, Brooks K, Brown, Butt, Campbell, Camper, Carr, Cobb, Coley, Cooper, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Favors, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson P, Jones S, Keisling, Kernell, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel, McDonald, McManus, Miller D, Miller L, Montgomery, Moore, Naifeh, Niceley, Odom, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Madam Speaker Harwell -- 97 EXCUSED The Speaker announced that the following member(s) has/have been excused, pursuant to request(s) under Rule No. 20: Representative Casada; business reasons PERSONAL ORDERS RECOGNITION IN THE WELL Representative L. DeBerry was recognized in the Well in order to lead the memorial service, “Celebrating the Life and Legacy of the Honorable Ulysses Jones, Jr.” Representative Curtiss was recognized in the Well to lead the House in a prayer for the late Representative Ulysses Jones. 47 THURSDAY, JANUARY 13, 2011 – THIRD ORGANIZATIONAL DAY CHAIR TO MATHENY Madam Speaker Harwell relinquished the Chair to Speaker Pro Tempore Matheny. RECOGNITION IN THE WELL Speaker Harwell, Representatives Naifeh, Fitzhugh, M. Turner, Todd, L. Miller, J. DeBerry, Armstrong and Shaw and Senators Kyle and Harper were recognized in the Well for “Expressions of Remembrance” during the memorial service of the late Representative U. Jones. Mr. Fred Francis was introduced in the Well by Representative L. DeBerry for the singing of “If You Could See Me Now.” Representative Gilmore was recognized in the Well to introduce Reverend Roderick Glatt, Pastor of Mt. Gilead Baptist Church in Nashville, Tennessee, for “Words of Comfort” during the memorial service of the late Representative U. Jones. CHAIR TO HARWELL Mr. Speaker Pro Tempore Matheny relinquished the Chair to Speaker Harwell. RESOLUTIONS Pursuant to Rule No. 17 , the following resolution(s) was/were introduced and placed on the Consent Calendar for January 14, 2011: House Resolution No. 2 -- Memorials, Death - James Michael Dennison. by *Eldridge. House Resolution No. 3 -- Memorials, Death - Joseph Leon Colburn, Sr. by *Hill. House Resolution No. 4 -- Memorials, Recognition - Alpha Kappa Chapter of Alpha Gamma Rho, University of Tennessee at Knoxville, 60th Anniversary. by *Dennis. House Joint Resolution No. 8 -- Memorials, Sports - Maryville High School football team, Class 6A state championship. by *Ramsey, Swann, Montgomery. House Joint Resolution No. 9 -- Memorials, Sports - Kendall Martindale, 2010 TSSAA Class AAA Girls Golf State Champion. by *Roach, Nicely. House Joint Resolution No. 11 -- Memorials, Personal Achievement - Soddy Daisy High School JROTC, first in Junior Leadership Symposium. by *Floyd. House Joint Resolution No. 12 -- Memorials, Retirement - Dr. Mary Barker. by *Floyd. House Joint Resolution No. 13 -- Memorials, Death - Josephine Gaines Wade. by *DeBerry L. 48 THURSDAY, JANUARY 13, 2011 – THIRD ORGANIZATIONAL DAY INTRODUCTION OF BILLS On motion, the following bills were introduced and passed first consideration: *House Bill No. 30 -- Tort Liability and Reform - As introduced, limits liability of apiarists under certain circumstances. - Amends TCA Title 44, Chapter 15. by *Casada. *House Bill No. 31 -- Physicians and Surgeons - As introduced, exempts primary care physicians from restriction on right of an employed or contracted healthcare provider to practice upon termination or conclusion of the employment or contractual relationship. - Amends TCA Section 63-1-148. by *Casada. *House Bill No. 32 -- Naming and Designating - As introduced, designates "John Charles Tidwell Visitor Center" at Johnsonville State Historic Park. by *Gilmore. *House Bill No. 33 -- Traffic Safety - As introduced, requires that 95 percent of revenue from traffic violations resulting from traffic surveillance cameras be earmarked solely for educational needs of local governing entity. - Amends TCA Section 55-8-198. by *Ragan. *House Bill No. 34 -- Public Health - As introduced, requires hospitals to provide parents of newborns with certain information concerning pertussis disease and immunizations. - Amends TCA Title 68, Chapter 11, Part 2. by *Maggart. *House Bill No. 35 -- Criminal Offenses - As introduced, enhances penalties for patronizing prostitution and promoting prostitution in certain instances; provides immunity for minors arrested for prostitution; establishes tow and impound procedures for vehicles used in prostitution offenses. - Amends TCA Title 37; Title 39 and Title 40. by *Maggart. *House Bill No. 36 -- Election Laws - As introduced, clarifies and adds to the duties of county administrators of elections. - Amends TCA Title 2, Chapter 12. by *Dunn. *House Bill No. 37 -- Education - As introduced, removes annual reporting requirement of the state board of education on the weight of textbooks. - Amends TCA Title 49. by *Dunn. *House Bill No. 38 -- Motor Vehicles - As introduced, requires notice be given to the registered owner of an abandoned or unattended motor vehicle within three business days after receiving verification of ownership or within 30 days of taking the vehicle into custody, whichever is earlier. - Amends TCA Title 55, Chapter 16. by *Dunn. *House Bill No. 39 -- Safety - As introduced, adds go karts, climbing walls, and inflatable devices to amusement devices subject to inspection and review by the elevator and amusement device safety board. - Amends TCA Title 68, Chapter 121, Part 1. by *Montgomery. *House Bill No. 40 -- Special License Plates - As introduced, authorizes issuance of new specialty earmarked plate for adoption; allocates revenue from such plates to the Adoption Foundation of Tennessee, Inc. and to Harmony Adoptions of Tennessee, Inc. - Amends TCA Title 55, Chapter 4. by *Montgomery. 49 THURSDAY, JANUARY 13, 2011 – THIRD ORGANIZATIONAL DAY *House Bill No. 41 -- Emergency Communications Districts - As introduced, authorizes the provision of emergency medical services by providers in contiguous counties in certain circumstances. - Amends TCA Title 5; Title 12, Chapter 9; Title 58, Chapter 8 and Title 68, Chapter 140. by *Montgomery. HOUSE BILLS ON SECOND CONSIDERATION On motion, bills listed below passed second consideration and were held on the Clerk’s desk pending appointment of the appropriate standing committees: *House Bill No. 11 -- Railroads -- Held on House Desk *House Bill No. 12 -- Lottery, Corporation -- Held on House Desk *House Bill No. 13 -- Lottery, Scholarships and Programs -- Held on House Desk *House Bill No. 14 -- Lottery, Scholarships and Programs -- Held on House Desk *House Bill No. 15 -- Lottery, Scholarships and Programs -- Held on House Desk *House Bill No. 16 -- Intellectual & Developmental Disabilities -- Held on House Desk *House Bill No. 17 -- Pensions and Retirement Benefits -- Held on House Desk *House Bill No. 18 -- Traffic Safety -- Held on House Desk *House Bill No. 19 -- Consumer Protection -- Held on House Desk *House Bill No. 20 -- Animal Cruelty and Abuse -- Held on House Desk *House Bill No. 21 -- Child Custody and Support -- Held on House Desk *House Bill No. 22 -- Landlord and Tenant -- Held on House Desk *House Bill No. 23 -- Real Property -- Held on House Desk *House Bill No. 24 -- Child Custody and Support -- Held on House Desk *House Bill No. 25 -- Education, Curriculum -- Held on House Desk *House Bill No. 26 -- Firearms and Ammunition -- Held on House Desk *House Bill No. 27 -- Comptroller, State -- Held on House Desk *House Bill No. 28 -- Law Enforcement -- Held on House Desk *House Bill No. 29 -- Arson -- Held on House Desk 50 THURSDAY, JANUARY 13, 2011 – THIRD ORGANIZATIONAL DAY CONSENT CALENDAR House Resolution No. 1 -- Memorials, Recognition - MINCO, Inc., 2010 Jim Alford Memorial Award. by *Hawk, Faison. House Joint Resolution No. 6 -- Memorials, Retirement - Police Chief Jackie Moore, City of Franklin. by *Casada. House Joint Resolution No. 7 -- Memorials, Sports - Station Hill Pee Wee Coyotes, 2010 Rocky Top Youth Football Classic 6U Champions. by *Casada. Senate Joint Resolution No. 12 -- Memorials, Death - Major General Frederick Harwood Forster. by *Overbey, Barnes, Beavers, Bell, Buks, Campfield, Crowe, Faulk, Finney L, Gresham, Haile, Harper, Haynes, Henry, Herron, Johnson, Kelsey, Ketron, Kyle, Marrero, McNally, Norris, Southerland, Stewart, Summerville, Tate, Tracy, Watson, Woodson, Yager and Ramsey. Rep. Ramsey moved that all members voting aye on Senate Joint Resolution No. 12 be added as co-prime sponsors, which motion prevailed. OBJECTION—CONSENT CALENDAR Objection(s) was/were filed to the following on the Consent Calendar: House Joint Resolution No. 6: by Rep. Sargent