THURSDAY, JANUARY 10, 2013 FIRST LEGISLATIVE DAY In accordance with Article III, Section 8 of the Constitution of the State of Tennessee, and pursuant to Senate Joint Resolution No. 19, the House of Representatives of the One Hundred Eighth General Assembly met in Regular Session and was called to order by Madam Speaker Harwell. ROLL CALL The roll call was taken with the following results: Present ....................................................................................... 97 Representatives present were Alexander, Armstrong, Brooks H, Brooks K, Butt, Calfee, Camper, Carr D, Carr J, Carter, Casada, Coley, Cooper, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Doss, Dunn, Durham, Eldridge, Evans, Faison, Farmer, Favors, Fitzhugh, Floyd, Forgety, Goins, Halford, Hall, Hardaway, Harrison, Hawk, Haynes, Hill M, Hill T, Holt, Jernigan, Johnson C, Johnson G, Jones, Kane, Keisling, Lamberth, Littleton, Lollar, Love, Lundberg, Lynn, Marsh, Matheny, Matlock, McCormick, McDaniel, McManus, Miller, Mitchell, Moody, Odom, Parkinson, Pitts, Pody, Powell, Powers, Ragan, Ramsey, Rich, Roach, Rogers, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sparks, Spivey, Stewart, Swann, Tidwell, Todd, Towns, Travis, Turner J, Van Huss, Watson, Weaver, White D, White M, 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 Gilmore; Business Representative M. Turner INTRODUCTION OF RESOLUTIONS On motion, pursuant to Rule No. 17 , the following resolution(s) listed was/were introduced and referred to the appropriate Committee: *House Joint Resolution No. 1 -- General Assembly, Confirmation of Appointment - Thomas A. "Tom" Rice, Tennessee fish and wildlife commission. by *Harwell, *McCormick. House Agriculture and Natural Resources Committee 106 THURSDAY, JANUARY 10, 2013 – FIRST LEGISLATIVE DAY *House Joint Resolution No. 3 -- General Assembly, Confirmation of Appointment - Herbert H. Hilliard, Tennessee Regulatory authority. by *Harwell, *McCormick, *Rich. House Business and Utilities Committee House Joint Resolution No. 4 -- General Assembly, Confirmation of Appointment - David F. Jones, Tennessee Regulatory Authority. by *Harwell, *McCormick, *Rich. House Business and Utilities Committee House Joint Resolution No. 5 -- General Assembly, Confirmation of Appointment - James M. Allison, Tennessee Regulatory Authority. by *Harwell, *McCormick, *Marsh, *Swann. House Business and Utilities Committee House Joint Resolution No. 6 -- General Assembly, Confirmation of Appointment - Thomas A. H. White, Tennessee education lottery board of directors. by *McCormick. House Education Committee RESOLUTIONS Pursuant to Rule No. 17 , the following resolution(s) was/were introduced and placed on the Consent Calendar for January 28, 2013: House Joint Resolution No. 2 -- Memorials, Recognition - Victims of Sandy Hook Elementary School shooting in Newtown, Connecticut. by *Faison. RULES SUSPENDED Rep. Sargent moved that the rules be suspended for the immediate consideration of Senate Joint Resolution No. 13 out of order, which motion prevailed. Senate Joint Resolution No. 13 -- Memorials, Retirement - Michael Walker - A RESOLUTION to recognize Brentwood City Manager Michael “Mike” W. Walker on the occasion of his retirement. by *Johnson. On motion of Rep. Sargent the resolution was concurred in. A motion to reconsider was tabled. 107 THURSDAY, JANUARY 10, 2013 – FIRST LEGISLATIVE DAY APPOINTMENT OF STANDING COMMITTEES The Speaker announced the appointment of the Standing Committees of the House as follows: CALENDAR AND RULES : Bill Dunn—Chairman, Dennis Roach—Vice Chairman, Harry Brooks, Glen Casada, Vince Dean, Jimmy Eldridge, Craig Fitzhugh, Ryan Haynes, Matthew Hill, Timothy Hill, Curtis Halford, Curtis Johnson, Jon Lundberg, Pat Marsh, Judd Matheny, Gerald McCormick, Steve McManus, Bo Mitchell, Antonio Parkinson, Bob Ramsey, Charles Sargent, Cameron Sexton, Mike Turner, and Eric Watson. AGRICULTURE AND NATURAL RESOURCES : Curtis Halford—Chairman, Andy Holt—Vice Chairman, Sheila Butt, Charles Curtiss, Richard Floyd, John Forgety, Brenda Gilmore, David Hawk, Gloria Johnson, Ron Lollar, Pat Marsh, Judd Matheny, Steve McDaniel, Dennis Powers, Billy Spivey, Art Swann, John Tidwell, Ron Travis, and John Mark Windle. BUSINESS AND UTILITIES : Pat Marsh—Chairman, Tim Wirgau—Vice Chairman, Kent Calfee, Charles Curtiss, Barry Doss, Tilman Goins, Timothy Hill, William Lamberth, Gerald McCormick, Mark Pody, Jason Powell, Cameron Sexton, Art Swann, John Tidwell, Curry Todd, Joe Towns, Dawn White, and Kent Williams. CIVIL JUSTICE : Jon Lundberg—Chairman, Rick Womick—Vice Chairman, Harry Brooks, Mike Carter, Jim Coley, John DeBerry, Vance Dennis, Andrew Farmer, Ryan Haynes, Sherry Jones, and Mike Stewart. CONSUMER AND HUMAN RESOURCES : Jimmy Eldridge—Chairman, Mark Pody—Vice Chairman, Glen Casada, Susan Lynn, Steve McManus, Joe Towns, Johnnie Turner, Mike Turner, Mark White, and Rick Womick. CRIMINAL JUSTICE : Eric Watson—Chairman, Jeremy Faison—Vice Chairman, Karen Camper, Andrew Farmer, Brenda Gilmore, G.A. Hardaway, William Lamberth, Antonio Parkinson, Barrett Rich, Courtney Rogers, Tony Shipley, Micah Van Huss, and Terri Lynn Weaver. EDUCATION : Harry Brooks—Chairman, John Forgety—Vice Chairman, Kevin Brooks, Jim Coley, John DeBerry, Lois DeBerry, Bill Dunn, Roger Kane, Ron Lollar, Harold Love, Debra Moody, Joe Pitts, Dawn White, Mark White, and Ryan Williams. FINANCE : Charles Sargent—Chairman, David Alexander—Vice Chairman, Joe Armstrong, Kevin Brooks, Kent Calfee, Mike Carter, Barbara Cooper, Lois DeBerry, Craig Fitzhugh, Steve Hall, Mike Harrison, David Hawk, Matthew Hill, Curtis Johnson, Gerald McCormick, Steve McDaniel, Larry Miller, Gary Odom, Dennis Roach, and Johnny Shaw. GOVERNMENT OPERATIONS : Judd Matheny—Chairman, John Ragan—Vice Chairman, Joe Carr, Glen Casada, Joshua Evans, Craig Fitzhugh, Curtis Halford, G.A. Hardaway, Curtis Johnson, Gerald McCormick, Johnnie Turner, and Mike Turner. HEALTH : Bob Ramsey—Chairman, Ryan Williams—Vice Chairman, Vance Dennis, Barry Doss, JoAnne Favors, Mike Harrison, Timothy Hill, Darren Jernigan, Gloria Johnson, Mary Littleton, Gary Odom, Barrett Rich, Cameron Sexton, David Shepard, Tony Shipley, Mike Turner, Micah Van Huss, and Tim Wirgau. 108 THURSDAY, JANUARY 10, 2013 – FIRST LEGISLATIVE DAY INSURANCE AND BANKING : Steve McManus—Chairman, Kelly Keisling—Vice Chairman, Glen Casada, Jeremy Durham, JoAnne Favors, Craig Fitzhugh, Curtis Johnson, Roger Kane, Harold Love, Jon Lundberg, Susan Lynn, Jimmy Matlock, Joe Pitts, Dennis Powers, John Ragan, Charles Sargent, David Shepard, and Ron Travis. LOCAL GOVERNMENT : Matthew Hill—Chairman, Richard Floyd—Vice Chairman, Dale Carr, Joe Carr, Vince Dean, Jeremy Durham, Jimmy Eldridge, Jeremy Faison, Steve Hall, Andy Holt, Sherry Jones, Larry Miller, Bo Mitchell, Antonio Parkinson, Mike Sparks, and Mike Stewart. STATE GOVERNMENT : Ryan Haynes—Chairman, Sheila Butt—Vice Chairman, Joshua Evans, Darren Jernigan, Debra Moody, Jason Powell, Bob Ramsey, Bill Sanderson, Johnny Shaw, Billy Spivey, Curry Todd, Eric Watson, and Kent Williams. TRANSPORTATION : Vince Dean—Chairman, Mike Sparks—Vice Chairman, David Alexander, Joe Armstrong, Karen Camper, Dale Carr, Barbara Cooper, Bill Dunn, Tilman Goins, Kelly Keisling, Mary Littleton, Jimmy Matlock, Bo Mitchell, Dennis Roach, Courtney Rogers, Bill Sanderson, Terri Lynn Weaver, and John Mark Windle. 108TH GENERAL ASSEMBLY HOUSE SELECT COMMITTEES HOUSE ETHICS COMMITTEE : Steve McDaniel—Chairman, Kevin Brooks, Karen Camper, Mike Carter, Antonio Parkinson, Joe Pitts, John Forgety, Barrett Rich, David Shepard, and Mike Stewart. RECESS MOTION On motion of Rep. McCormick, pursuant to Senate Joint Resolutions Nos. 7 and 19, the House stood in a brief recess to prepare for the Joint Convention to hear from Drew Rawlings of the Bureau of Ethics and campaign Finance for the purpose of fulfilling the ethics course requirement; at the conclusion of which, the House stood in recess until 5:00 p.m. on Monday, January 28, 2013. 109 THURSDAY, JANUARY 10, 2013 – FIRST LEGISLATIVE DAY IN JOINT CONVENTION ETHICS COURSE REQUIREMENT The hour having arrived, set by Senate Joint Resolution No. 7, the House and the Senate met in Joint Convention for the purpose of completing the Ethics Course requirement pursuant to Tennessee Code Annotated, Section 3-6-113. Mr. President Ramsey called the Joint Convention to order at 10:00 a.m. President Ramsey directed the Clerks of the respective bodies to call the roll as follows: The Clerk of the senate called the roll of the Senate with the following results: Present ....................................................................................... 32 The Clerk of the House took the roll with the following results: Present ....................................................................................... 98 Representatives present were Alexander, Armstrong, Brooks H, Brooks K, Butt, Calfee, Camper, Carr D, Carr J, Carter, Casada, Coley, Cooper, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Doss, Dunn, Durham, Eldridge, Evans, Faison, Farmer, Favors, Fitzhugh, Floyd, Forgety, Goins, Halford, Hall, Hardaway, Harrison, Hawk, Haynes, Hill M, Hill T, Holt, Jernigan, Johnson C, Johnson G, Jones, Kane, Keisling, Lamberth, Littleton, Lollar, Love, Lundberg, Lynn, Marsh, Matheny, Matlock, McCormick, McDaniel, McManus, Miller, Mitchell, Moody, Odom, Parkinson,