FRIDAY JUNE EIGHTY NINTH LEGISLATIVE DAY The

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					                                                FRIDAY, JUNE 4, 2010

                                       EIGHTY-NINTH LEGISLATIVE DAY


       The House met at 10:00 a.m. and was called to order by Mr. Speaker Williams.

       The proceedings were opened with prayer by Representative Pitts.

       Representative Pitts 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, Barker, Bass, Bell, Bone, Borchert, Brooks H,
Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper,
Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors,
Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway,
Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S,
Jones U, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock,
McCord, McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh,
Niceley, Odom, Pitts, Pruitt, Ramsey, Richardson, Roach, Rowland, Sargent, Shaw, Shepard,
Shipley, Sontany, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M,
Watson, Weaver, White, Winningham, Yokley, Mr. Speaker Williams -- 94


                                                          EXCUSED

       The Speaker announced that the following member(s) has/have been excused, pursuant
to request(s) under Rule No. 20:

       Representative Coley; personal reasons.

       Representative Miller; illness.

       Representative Rich; medical reasons.

       Representative West; personal reasons.

       Representative Windle; active military duty.




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FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH 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 Resolution No. 397: Rep(s). Cooper, Litz, Favors, Yokley, McDonald, Pruitt,
Brown, Fitzhugh, Gilmore, Sontany, Coleman, Ferguson, Shaw, Hensley, Hawk, White,
Eldridge, Bell, Swafford, Halford, Weaver, Evans, Lollar, Towns, McManus, Richardson,
Matheny, Stewart, Winningham, Moore, Harmon, Bass, T. Cobb and Odom as prime
sponsor(s).

       House Joint Resolution No. 798: Rep(s). Gilmore as prime sponsor(s).

      House Joint Resolution No. 1394:         Rep(s). Ramsey and Montgomery as prime
sponsor(s).

       House Bill No. 2044:   Rep(s). Favors as prime sponsor(s).

       House Bill No. 2474:   Rep(s). K. Brooks, Armstrong and Eldridge as prime sponsor(s).

      House Bill No. 2822:     Rep(s). Favors, Fincher, Sontany, Pitts, Bass, Hardaway,
Hensley, Brown and Winningham as prime sponsor(s).

       House Bill No. 2927:        Rep(s). Williams, Cooper, Favors, Brown, Stewart, Lollar,
Moore, Pruitt, McManus, Camper, Maddox, Sontany, Richardson, Eldridge, J. Cobb,
Montgomery, Barker, McDonald, Fitzhugh, Pitts, Towns, Naifeh, Swafford, K. Brooks, Harrison,
Yokley, Shepard, U. Jones, Todd, Armstrong, Ford, Roach, Faulkner, Hackworth, Ramsey,
Odom, Hardaway, Gilmore, Marsh, White, Haynes, Dean, Shaw, Matheny, P. Johnson, J.
Turner, H. Brooks, Fincher, T. Cobb and Watson as prime sponsor(s).

       House Bill No. 3114:   Rep(s). Cooper as prime sponsor(s).

       House Bill No. 3142:   Rep(s). Sontany, Lollar and K. Brooks as prime sponsor(s).

       House Bill No. 3163:      Rep(s). Lollar, Eldridge, Cooper, Brown, White, Moore,
McDonald, C. Johnson, Stewart, Lundberg, McDaniel, H. Brooks, Ford, Roach and Towns as
prime sponsor(s).

      House Bill No. 3216:      Rep(s). Montgomery, Stewart, Litz, McCormick, Bone and
Winningham as prime sponsor(s).


                              MESSAGE FROM THE SENATE
                                    June 4, 2010

      MR. SPEAKER: I am directed to transmit to the House, Senate Joint Resolutions Nos.
1182 and 1183; adopted, for the House's action.

                                                      RUSSELL A. HUMPHREY, Chief Clerk.




                                           5168
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


       Senate Joint Resolution No. 1182 -- Memorials, Heroism - Bobby Qualls. by *Herron,
*Barnes, *Beavers, *Berke, *Black, *Bunch, *Burchett, *Burks, *Crowe, *Faulk, *Finney L, *Ford,
O., *Gresham, *Harper, *Haynes, *Henry, *Jackson, *Johnson, *Kelsey, *Ketron, *Kyle,
*Marrero B, *McNally, *Norris, *Overbey, *Southerland, *Stewart, *Tate, *Tracy, *Watson,
*Woodson, *Yager, *Ramsey.

       Senate Joint Resolution No. 1183 -- Memorials, Heroism - Steven Michael Zywicki, Sr.
by *Herron, *Barnes, *Beavers, *Berke, *Black, *Bunch, *Burchett, *Burks, *Crowe, *Faulk,
*Finney L, *Ford, O., *Gresham, *Harper, *Haynes, *Henry, *Jackson, *Johnson, *Kelsey,
*Ketron, *Kyle, *Marrero B, *McNally, *Norris, *Overbey, *Southerland, *Stewart, *Tate, *Tracy,
*Watson, *Woodson, *Yager, *Ramsey.

                                   MESSAGE FROM THE SENATE
                                         June 4, 2010

       MR. SPEAKER: I am directed to transmit to the House, Senate Bills Nos. 1653, 2041,
2616, 2658, 2684, 3092, 3125, 3268, 3901, 3916 and 3917; passed by the Senate.

                                                               RUSSELL A. HUMPHREY, Chief Clerk.

       Senate Bill No. 1653 -- Sexual Offenses - As introduced, adds offenses to the list of
those for which a convicted defendant is not eligible for probation, parole, or deferral of
proceedings. Amends TCA Title 36; Title 37; Title 39; Title 40; Title 49 and Title 71. by *Burks.
(*HB1304 by *Jones S, *Odom)

        *Senate Bill No. 2041 -- Public Funds and Financing - As introduced, requires the
state funding board to report the total funds received under the federal American Recovery and
Reinvestment Act of 2009 to the chairs of the house and senate finance, ways and means
committees by January 2, 2010. Amends TCA Title 4 and Title 9. by *McNally, *Henry,
*Burchett. (HB1987 by *Fitzhugh, *Tindell)

         Senate Bill No. 2616 -- Taxes, Sales - As enacted, reduces retail sales tax on food
from 5.5 percent to 5 percent for tax year 2011 and thereafter. Amends TCA Title 3; Title 4; Title
5; Title 6; Title 7; Title 8; Title 9; Title 12; Title 16; Title 30; Title 36; Title 39; Title 40; Title 45;
Title 47; Title 48; Title 49; Title 55; Title 56; Title 57; Title 61; Title 62; Title 67; Title 68; Title 69;
Title 70 and Title 71. by *Kyle, *McNally, *Ketron. (*HB2556 by *Fitzhugh, *Tindell)

        *Senate Bill No. 2658 -- Correction, Dept. of - As introduced, requires commissioner to
maintain at least one dog trained to detect contraband telecommunication devices at each
correctional facility. Amends TCA Title 4, Chapter 3, Part 6; Section 39-16-201 and Title 41. by
*Ketron. (HB3227 by *McCord)

       Senate Bill No. 2684 -- Election Laws - As introduced, allows eligible voter to register
to vote up to five days before election if voter presents documentation that voter resides at
address even if form was returned as undeliverable a second time and registration was purged;
requires administrator of elections to mail registration cards. Amends TCA Section 2-2-
115(b)(3); Section 2-2-124(a); Section 2-8-113(a) and Section 2-9-108. by *Ketron. (*HB2750 by
*Todd, *Montgomery)




                                                   5169
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


        *Senate Bill No. 3092 -- Physicians and Surgeons - As introduced, requires the board
of medical examiners to enter into an agreement with the federal department of homeland
security concerning participation in the Systematic Alien Verification for Entitlements program
[SAVE]. Amends TCA Title 63 and Title 68. by *Burchett, *Ketron, *Black. (HB3251 by
*Armstrong, *Hensley)

        Senate Bill No. 3125 -- Local Education Agency - As introduced, authorizes the
provision of group medical health insurance for support staff of an LEA. Amends TCA Title 8,
Chapter 27, Part 3. by *Burks, *Tracy, *Ford, O.. (*HB3193 by *Shaw, *Turner M, *DeBerry L,
*Turner J, *Eldridge, *Miller L, *Camper, *Gilmore, *Evans, *Cooper B, *Hardaway,
*Winningham, *Pitts, *Favors)

       Senate Bill No. 3268 -- Education, Higher - As introduced, allows students in graduate
degree programs leading to licensure as a teacher to be recipients of a minority teaching
fellowship; eliminates limitation on number of awards. Amends TCA Section 49-4-706. by
*Harper, *Barnes, *Beavers, *Berke, *Black, *Bunch, *Burchett, *Burks, *Crowe, *Faulk, *Finney
L, *Ford, O., *Gresham, *Haynes, *Henry, *Herron, *Jackson, *Johnson, *Ketron, *Kyle,
*Marrero B, *McNally, *Norris, *Overbey, *Southerland, *Stewart, *Tate, *Tracy, *Watson,
*Woodson, *Yager, *Ramsey. (*HB3413 by *Brown, *Gilmore, *DeBerry L, *Camper, *Favors,
*Cooper B, *Hardaway, *Towns, *Pruitt)

       *Senate Bill No. 3901 -- Taxes - As introduced, modifies various tax provisions
concerning video programming services, telecommunications services, sales of property for use
in business of selling, and determination of net earnings for real estate investment trusts.
Amends TCA Title 7; Title 55; Title 56; Title 67 and Title 71, Chapter 602 of the Public Acts of
2007; and Chapter 530 of the Public Acts of 2009. by *Kyle. (HB3787 by *Turner M)

       Senate Bill No. 3916 -- Bond Issues - As introduced, authorizes issuance of bonds to
fund state projects. by *Kyle, *Henry. (*HB3925 by *Fitzhugh)

       Senate Bill No. 3917 -- Budget Procedures - As introduced, authorizes the index of
appropriations from state tax revenues for the 2010-2011 fiscal year to exceed the index of
estimated growth in the state’s economy by $11.5 million or 0.1 percent. by *Kyle, *Henry.
(*HB3926 by *Fitzhugh)

                               MESSAGE FROM THE SENATE
                                     June 4, 2010

       MR. SPEAKER: I am directed to transmit to the House, Senate Bill No. 3919; passed by
the Senate.

                                                        RUSSELL A. HUMPHREY, Chief Clerk.

       Senate Bill No. 3919 -- Appropriations - As introduced, makes appropriations for fiscal
years 2009-2010 and 2010-2011. by *Kyle, *Henry. (*HB3928 by *Fitzhugh)

                               MESSAGE FROM THE SENATE
                                     June 4, 2010

       MR. SPEAKER: I am directed to transmit to the House, Senate Joint Resolution No.
1294, 1295 and 1302; adopted, for the House’s action.

                                                        RUSSELL A. HUMPHREY, Chief Clerk.



                                             5170
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


      Senate Joint Resolution No. 1294 -- Memorials, Public Service - Richard V. Norment,
David M. Walker Excellence in Government Performance and Accountability Award. by
*McNally, *Burchett, *Henry.

      Senate Joint Resolution No. 1295 -- Memorials, Retirement - Ed Hennessee.             by
*McNally, *Burchett, *Henry.

       Senate Joint Resolution No. 1302 -- Memorials, Sports - Zan Guerry, ITA Collegiate
Tennis Hall of Fame. by *Berke.

                              MESSAGE FROM THE SENATE
                                    June 4, 2010

       MR. SPEAKER: I am directed to transmit to the House, Senate Joint Resolutions Nos.
1278, 1281, 1285, 1286, 1287, 1288, 1289, 1296 and 1300; adopted, for the House's action.

                                                       RUSSELL A. HUMPHREY, Chief Clerk.

      Senate Joint Resolution No. 1278 -- Memorials, Sports - Father Ryan High School,
Rugby State Champions. by *Henry, *Harper, *Haynes, *Johnson.

      Senate Joint Resolution No. 1281 -- Memorials, Retirement - Geraldine Anderson. by
*Overbey.

       Senate Joint Resolution No. 1285 -- Memorials, Interns - Phillip Coutant. by *Ford, O..

        Senate Joint Resolution No. 1286 -- Memorials, Sports - Huntingdon High School
softball team, District 13A Championship. by *Finney L, *Herron.

       Senate Joint Resolution No. 1287 -- Memorials, Death - Walter S. Hendrix, Jr. by
*Finney L, *Herron.

       Senate Joint Resolution No. 1288 -- Memorials, Recognition - Business and
Professional Women of Tennessee, Inc., 2010 State Convention. by *Finney L, *Henry,
*Marrero B, *Harper, *Ford, O..

       Senate Joint Resolution No. 1289 -- Memorials, Death - Jack Moore. by *Finney L,
*Herron.

       Senate Joint Resolution No. 1296 -- Memorials, Death - Haywood Harris. by
*Burchett, *Woodson, *McNally, *Haynes, *Barnes, *Beavers, *Berke, *Black, *Bunch, *Burks,
*Crowe, *Faulk, *Finney L, *Ford, O., *Gresham, *Harper, *Henry, *Herron, *Jackson, *Johnson,
*Kelsey, *Ketron, *Kyle, *Marrero B, *Norris, *Overbey, *Southerland, *Stewart, *Tate, *Tracy,
*Watson, *Yager, *Ramsey.

      Senate Joint Resolution No. 1300 -- Memorials, Retirement - Marilyn McGee.            by
*Stewart.




                                            5171
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                              MESSAGE FROM THE SENATE
                                    June 4, 2010

       MR. SPEAKER: I am directed to transmit to the House, Senate Joint Resolution No.
1306; adopted, for the House's action.

                                                       RUSSELL A. HUMPHREY, Chief Clerk.

        Senate Joint Resolution No. 1306 -- Memorials, Recognition - Tennessee District
Attorneys General Conference, 50th anniversary. by *Overbey, *Barnes, *Beavers, *Berke,
*Black, *Bunch, *Burchett, *Burks, *Crowe, *Faulk, *Finney L, *Ford, O., *Gresham, *Harper,
*Haynes, *Henry, *Herron, *Jackson, *Johnson, *Kelsey, *Ketron, *Kyle, *Marrero B, *McNally,
*Norris, *Southerland, *Stewart, *Tate, *Tracy, *Watson, *Woodson, *Yager, *Ramsey.

                              MESSAGE FROM THE SENATE
                                    June 4, 2010

       MR. SPEAKER: I am directed to request the return of House Bill No. 3736; for further
consideration.

                                                       RUSSELL A. HUMPHREY, Chief Clerk.

                              MESSAGE FROM THE SENATE
                                    June 4, 2010

       MR. SPEAKER: I am directed to transmit to the House, Senate Joint Resolutions Nos.
1301, 1303, 1304 and 1305; adopted, for the House's action.

                                                       RUSSELL A. HUMPHREY, Chief Clerk.

      Senate Joint Resolution No. 1301 -- Memorials, Death - Margaret Gasteiger.           by
*Crowe.

       Senate Joint Resolution No. 1303 -- Memorials, Retirement - Amy Mangum Finney.
by *Finney L, *Herron, *Berke, *Overbey, *Marrero B, *Barnes, *Harper, *Ford, O., *Burks.

       Senate Joint Resolution No. 1304 -- Memorials, Recognition - Greater Vision. by
*Finney L.

      Senate Joint Resolution No. 1305 -- Memorials, Public Service - Betty Poteet,
Democratic Party Chairwoman for Gibson County. by *Finney L, *Herron, *Marrero B, *Barnes,
*Harper, *Ford, O., *Burks, *Berke.


                                   PERSONAL ORDERS

       Rep. Lollar was recognized to introduce veterans of the 746th and 741st Tank Battalions
during World War II, who were visiting the House Chamber today.




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FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                      RESOLUTIONS

       Pursuant to Rule No. 17, the following resolution(s) was/were introduced and placed on
the Consent Calendar for June 8, 2010:

        House Resolution No. 441 -- Memorials, Public Service - Legislative Nurse Diane Hall.
by *Bell.

        House Resolution No. 442 -- Memorials, Recognition - Citizens of Memphis who took
part in National Bike Month and Bike to Work Day. by *Cooper B, *Hardaway, *Jones U,
*Camper, *Turner J, *DeBerry L, *Kernell, *Lollar, *McManus, *Eldridge, *Richardson.

      House Resolution No. 443 -- Memorials, Sports - Tennessee Technological University
baseball team. by *Fincher.

       House Resolution No. 444 -- Memorials, Recognition - Jeff & Jolly Drive Neighborhood.
by *Turner J.

      House Resolution No. 445 -- Memorials, Personal Achievement - Richard Henderson,
2010 Tennessee American Legion Boys State Governor. by *Pitts, *Johnson C, *Johnson P.

      House Resolution No. 446 -- Memorials, Recognition - Larry Silvey.          by *Lollar,
*Cooper B.

        House Resolution No. 447 -- Memorials, Recognition - Lawrence Madlock, M.D. by
*Eldridge.

        House Resolution No. 448 -- Memorials, Recognition - Lora Ann Cypress Kirk. by
*Eldridge.

       House Resolution No. 449 -- Memorials, Retirement - Tom Griscom. by *McCormick.

      House Joint Resolution No. 1395 -- Memorials, Academic Achievement - Amanda
Durham. by *Naifeh.

       House Joint Resolution No. 1396 -- Memorials, Academic Achievement - Emily Pitts,
Valedictorian, McNairy Central High School. by *Dennis.

       House Joint Resolution No. 1397 -- Memorials, Recognition - Bethel Baptist Church,
125th anniversary. by *Evans.

     House Joint Resolution No. 1398 -- Memorials, Public Service - Representative Jason
Mumpower. by *Casada.

      House Joint Resolution No. 1399 -- Memorials, Academic Achievement - Amanda
Durham. by *Naifeh.

      House Joint Resolution No. 1400 -- Memorials, Recognition - First Baptist Church of
Greenbrier, 125th anniversary. by *Evans.

       House Joint Resolution No. 1401 -- Memorials, Death - Roy Hulsey. by *Evans.


                                            5173
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


       House Joint Resolution No. 1402 -- Memorials, Public Service - James W. Kirby,
Executive Director, District Attorneys General Conference. by *Coleman.


                              SENATE JOINT RESOLUTIONS
                            (Congratulatory and Memorializing)

      Pursuant to Rule No. 17, the resolution(s) listed was/were noted as being placed on the
Consent Calendar for June 8, 2010:

       Senate Joint Resolution No. 1182 -- Memorials, Heroism - Bobby Qualls. by *Herron,
*Barnes, *Beavers, *Berke, *Black, *Bunch, *Burchett, *Burks, *Crowe, *Faulk, *Finney L, *Ford,
O., *Gresham, *Harper, *Haynes, *Henry, *Jackson, *Johnson, *Kelsey, *Ketron, *Kyle,
*Marrero B, *McNally, *Norris, *Overbey, *Southerland, *Stewart, *Tate, *Tracy, *Watson,
*Woodson, *Yager, *Ramsey.

       Senate Joint Resolution No. 1183 -- Memorials, Heroism - Steven Michael Zywicki, Sr.
by *Herron, *Barnes, *Beavers, *Berke, *Black, *Bunch, *Burchett, *Burks, *Crowe, *Faulk,
*Finney L, *Ford, O., *Gresham, *Harper, *Haynes, *Henry, *Jackson, *Johnson, *Kelsey,
*Ketron, *Kyle, *Marrero B, *McNally, *Norris, *Overbey, *Southerland, *Stewart, *Tate, *Tracy,
*Watson, *Woodson, *Yager, *Ramsey.

      Senate Joint Resolution No. 1278 -- Memorials, Sports - Father Ryan High School,
Rugby State Champions. by *Henry, *Harper, *Haynes, *Johnson.

      Senate Joint Resolution No. 1281 -- Memorials, Retirement - Geraldine Anderson. by
*Overbey.

       Senate Joint Resolution No. 1285 -- Memorials, Interns - Phillip Coutant. by *Ford, O..

        Senate Joint Resolution No. 1286 -- Memorials, Sports - Huntingdon High School
softball team, District 13A Championship. by *Finney L, *Herron.

       Senate Joint Resolution No. 1287 -- Memorials, Death - Walter S. Hendrix, Jr. by
*Finney L, *Herron.

       Senate Joint Resolution No. 1288 -- Memorials, Recognition - Business and
Professional Women of Tennessee, Inc., 2010 State Convention. by *Finney L, *Henry,
*Marrero B, *Harper, *Ford, O..

       Senate Joint Resolution No. 1289 -- Memorials, Death - Jack Moore. by *Finney L,
*Herron.

       Senate Joint Resolution No. 1294 -- Memorials, Public Service - Richard V. Norment,
David M. Walker Excellence in Government Performance and Accountability Award. by
*McNally, *Burchett, *Henry, *Barnes, *Beavers, *Berke, *Black, *Bunch, *Burks, *Crowe,
*Faulk, *Finney L, *Ford, O., *Gresham, *Harper, *Haynes, *Herron, *Jackson, *Johnson,
*Kelsey, *Ketron, *Kyle, *Marrero B, *Norris, *Overbey, *Southerland, *Stewart, *Tate, *Tracy,
*Watson, *Woodson, *Yager, *Ramsey.




                                             5174
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


       Senate Joint Resolution No. 1295 -- Memorials, Retirement - Ed Hennessee. by
*McNally, *Burchett, *Henry, *Barnes, *Beavers, *Berke, *Black, *Bunch, *Burks, *Crowe,
*Faulk, *Finney L, *Ford, O., *Gresham, *Harper, *Haynes, *Herron, *Jackson, *Johnson,
*Kelsey, *Ketron, *Kyle, *Marrero B, *Norris, *Overbey, *Southerland, *Stewart, *Tate, *Tracy,
*Watson, *Woodson, *Yager, *Ramsey.

       Senate Joint Resolution No. 1296 -- Memorials, Death - Haywood Harris. by
*Burchett, *Woodson, *McNally, *Haynes, *Barnes, *Beavers, *Berke, *Black, *Bunch, *Burks,
*Crowe, *Faulk, *Finney L, *Ford, O., *Gresham, *Harper, *Henry, *Herron, *Jackson, *Johnson,
*Kelsey, *Ketron, *Kyle, *Marrero B, *Norris, *Overbey, *Southerland, *Stewart, *Tate, *Tracy,
*Watson, *Yager, *Ramsey.

      Senate Joint Resolution No. 1300 -- Memorials, Retirement - Marilyn McGee.           by
*Stewart.

      Senate Joint Resolution No. 1301 -- Memorials, Death - Margaret Gasteiger.           by
*Crowe.

       Senate Joint Resolution No. 1302 -- Memorials, Sports - Zan Guerry, ITA Collegiate
Tennis Hall of Fame. by *Berke, *Watson.

       Senate Joint Resolution No. 1303 -- Memorials, Retirement - Amy Mangum Finney.
by *Finney L, *Herron, *Berke, *Overbey, *Marrero B, *Barnes, *Harper, *Ford, O., *Burks.

       Senate Joint Resolution No. 1304 -- Memorials, Recognition - Greater Vision. by
*Finney L.

      Senate Joint Resolution No. 1305 -- Memorials, Public Service - Betty Poteet,
Democratic Party Chairwoman for Gibson County. by *Finney L, *Herron, *Marrero B, *Barnes,
*Harper, *Ford, O., *Burks, *Berke.

        Senate Joint Resolution No. 1306 -- Memorials, Recognition - Tennessee District
Attorneys General Conference, 50th anniversary. by *Overbey, *Barnes, *Beavers, *Berke,
*Black, *Bunch, *Burchett, *Burks, *Crowe, *Faulk, *Finney L, *Ford, O., *Gresham, *Harper,
*Haynes, *Henry, *Herron, *Jackson, *Johnson, *Kelsey, *Ketron, *Kyle, *Marrero B, *McNally,
*Norris, *Southerland, *Stewart, *Tate, *Tracy, *Watson, *Woodson, *Yager, *Ramsey.


                              SENATE BILLS TRANSMITTED

        On motion, the Senate Bills listed below, transmitted to the House, were held on the
Clerk's desk pending third consideration of the companion House Bill as noted:

       Senate Bill No. 2523 -- Traffic Safety - As introduced, creates offense of super
speeding when driver speeds at 75 mph or more on any two-lane highway or 85 mph or more
on any public highway; violation is a Class B misdemeanor punishable by a $200 fine only.
Amends TCA Title 55, Chapter 10, Part 2 and Title 55, Chapter 8. by *Johnson. (*HB2544 by
*Brooks K, *Casada)




                                            5175
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


       Senate Bill No. 2854 -- Highway Signs - As introduced, "Orville Depew 'Dick' Kitzmiller
and Riley Lee Milhorn Memorial Bridge," on S.R. 75 in Sullivan County. by *Ramsey, *Herron.
(*HB2852 by *Shipley, *Lundberg, *Mumpower)

      Senate Bill No. 2856 -- Highway Signs - As introduced, "SPC Michael E. Harr
Memorial Bridge," S.R. 126 in Sullivan County. by *Ramsey, *Herron. (*HB2672 by *Shipley,
*Lundberg, *Mumpower)

       Senate Bill No. 3218 -- Highway Signs - As introduced, "Specialist Jesse Harold
Archer Memorial Bridge," Bridge No. 82-B-383-0.24 in Sullivan County. by *Ramsey, *Herron.
(*HB3080 by *Shipley, *Lundberg, *Mumpower)


                                   CONSENT CALENDAR

      House Joint Resolution No. 1394 -- Memorials, Retirement - Representative Joe
McCord. by *Casada.

                                CALENDAR HELD ON DESK

       Rep. Dunn moved that today’s Consent Calendar be held on the Clerk’s desk, which
motion prevailed.


                                   REGULAR CALENDAR

       *House Bill No. 3619 -- Wildlife Resources Commission - As introduced, clarifies
enclosure requirements for Class I wildlife. Amends TCA Title 70, Chapter 4, Part 4. by
*Ferguson. (SB3509 by *Yager)

        Further consideration of House Bill No. 3619 previously considered on May 10, 2010, at
which time it was reset for today’s Calendar.

                                    BILL HELD ON DESK

       Rep. Ferguson moved that House Bill No. 3619 be held on the Clerk’s desk, which
motion prevailed.


                            REGULAR CALENDAR, CONTINUED

       *House Joint Resolution No. 798 -- Memorials, Congress - Urges the U.S. Nuclear
Regulatory Commission to disapprove the request to import, process, and dispose of low-level
radioactive waste from Italy, or any other country, in the United States. by *Jones U, *Cobb T,
*Borchert, *Coleman, *Brown, *Towns.

       Further consideration of House Joint Resolution No. 798 previously considered on April
29, 2010, May 6, 2010 and May 20, 2010, at which time it was reset for today’s Calendar.

        Rep. U. Jones moved that House Joint Resolution No. 798 be adopted, which motion
prevailed by the following vote:


                                             5176
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


       Ayes ........................................................................................... 73
       Noes........................................................................................... 15
       Present and not voting.................................................................. 3

        Representatives voting aye were: Barker, Bass, Bell, Bone, Borchert, Brooks H, Brooks
K, Camper, Carr, Casada, Cobb T, Coleman, Cooper, Curtiss, Dean, DeBerry J, DeBerry L,
Eldridge, Faulkner, Favors, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford,
Hardaway, Harmon, Harrison, Hawk, Hensley, Hill, Johnson C, Johnson P, Jones S, Jones U,
Kernell, Litz, Lollar, Maddox, Marsh, Matheny, McCord, McDaniel, McDonald, McManus,
Montgomery, Moore, Mumpower, Naifeh, Odom, Pitts, Pruitt, Ramsey, Richardson, Roach,
Rowland, Shaw, Shepard, Sontany, Stewart, Tidwell, Tindell, Todd, Towns, Turner J, Watson,
Weaver, Winningham, Yokley, Mr. Speaker Williams -- 73

      Representatives voting no were: Campfield, Cobb J, Dennis, Ferguson, Haynes,
Lundberg, Lynn, Maggart, Matlock, McCormick, Niceley, Sargent, Shipley, Swafford, White -- 15

       Representatives present and not voting were: Armstrong, Dunn, Harwell -- 3

       A motion to reconsider was tabled.


                                                  RULES SUSPENDED

      Rep. U. Jones moved that the rules be suspended to allow a member to be added as a
sponsor to House Joint Resolution No. 798, which motion prevailed.


                                      REGULAR CALENDAR, CONTINUED

       *House Bill No. 830 -- Children - As introduced, enacts the "Isolation and Restraint
Modernization and Positive Behavioral Supports Act" and the "Mental Health Care Isolation and
Restraint Modernization and Positive Behavioral Supports Act." Amends TCA Title 33, Chapter
8 and Title 37, Chapter 5. by *Jones S, *Hardaway. (SB852 by *Black)

      On motion, House Bill No. 830 was made to conform with Senate Bill No. 852; the
Senate Bill was substituted for the House Bill.

       Rep. S. Jones moved that Senate Bill No. 852 be passed on third and final
consideration.

     On motion, Rep. Armstrong withdrew Health and Human Resources Committee
Amendment No. 1.

       Rep. S. Jones moved that Senate Bill No. 852 be passed on third and final
consideration, which motion prevailed by the following vote:

       Ayes ........................................................................................... 92
       Noes............................................................................................. 0




                                                               5177
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper,
Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors,
Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway,
Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S,
Jones U, Kernell, Litz, Lollar, Lundberg, Maddox, Maggart, Marsh, Matheny, Matlock, McCord,
McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh, Niceley,
Odom, Pitts, Pruitt, Ramsey, Richardson, Roach, Sargent, Shaw, Shepard, Shipley, Sontany,
Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White,
Winningham, Yokley, Mr. Speaker Williams -- 92

       A motion to reconsider was tabled.


        Without objection the House came out from under the rule wich motion prevailed by the
following vote:

       Ayes ........................................................................................... 78
       Noes........................................................................................... 14

        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Brooks H,
Brown, Camper, Carr, Casada, Cobb J, Cobb T, Coleman, Curtiss, Dean, DeBerry J, DeBerry L,
Dunn, Eldridge, Evans, Favors, Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore,
Hackworth, Halford, Hardaway, Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Johnson
C, Johnson P, Jones S, Jones U, Kernell, Litz, Lundberg, Maddox, Marsh, Matheny, McCord,
McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Niceley, Odom, Pitts, Pruitt,
Ramsey, Richardson, Rowland, Sargent, Shaw, Shepard, Shipley, Sontany, Stewart, Tidwell,
Tindell, Todd, Towns, Turner J, Turner M, Watson, Weaver, Winningham, Yokley, Mr. Speaker
Williams -- 78

        Representatives voting no were: Borchert, Brooks K, Campfield, Cooper, Dennis, Hill,
Lollar, Maggart, Matlock, McCormick, Naifeh, Roach, Swafford, White -- 14


        *House Bill No. 3114 -- Foster Care - As introduced, makes foster care services
available to certain persons between 18 and 21 who were in foster care upon their 18th
birthday. Amends TCA Title 37. by *Jones S, *Gilmore, *Richardson, *Hardaway, *Towns.
(SB3101 by *Marrero B)

       Rep. S. Jones moved that House Bill No. 3114 be passed on third and final
consideration.

       Rep. J. DeBerry moved adoption of Children and Family Affairs Committee Amendment
No. 1 as follows:

                                                          Amendment No. 1

              AMEND House Bill No. 3114 by deleting all language after the enacting clause
       and by substituting instead the following:




                                                               5178
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                SECTION 1. Tennessee Code Annotated, Title 37, Chapter 2, Part 4, is
           amended by adding the following as a new section:

                        § 37-2-41 7.

                                (a) This section may be known and cited as "Tennessee’s
                        Transitioning Youth Empowerment Act of 2010".

                                 (b) The department of children’s services is authorized to
                        develop a program to provide services to youth who are
                        transitioning to adulthood from state custody. Services may be
                        provided on a voluntary basis to any person who is at least
                        eighteen (18) years of age but less than twenty one (21) years of
                        age, who was in the custody of the department at the time of the
                        person’s eighteenth birthday and who is:

                                      (1) Completing secondary education or a program
                               leading to an equivalent credential;

                                      (2) Enrolled in an institution which provides
                               postsecondary or vocational education;

                                     (3) Participating in a program or activity designed to
                               promote, or remove barriers to employment;

                                      (4) Employed for at least eighty (80) hours per
                               month; or

                                       (5) Incapable of doing any of the activities
                               described in subdivisions (b)(1) through (b)(4) due to a
                               medical condition, including a developmental or intellectual
                               condition, which incapability is supported by regularly
                               updated information in the permanency plan of the person.
                               In such a case the person shall be in compliance with a
                               course of treatment as recommended by the department.

                               (c) Services may also be made available to any person
                        who meets the requirements of subsection (b) but refused such
                        services at the time of the person’s eighteenth birthday if at any
                        time the person seeks to regain services prior to the person’s
                        twenty-first birthday.

                                (d) The advisory committee established in § 37-2-501 shall
                        serve as an advisory committee for programs and services
                        established by this section.

                   SECTION 2. The commissioner of children’s services shall establish
           policies and procedures in order to create and implement this program.




                                        5179
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                        SECTION 3. The provisions of this act, excluding Tennessee Code
                Annotated, Section 37-2-417(d), are subject to the availability of funds
                specifically appropriated for this purpose. The department is authorized to seek
                federal funding or to participate in federal programs developed for this purpose.

                     SECTION 4. Tennessee Code Annotated, Section 37-1-102(b)(4), is
                amended by adding the following as a new subdivision (B)(4)(G):

                                  A person over the age of eighteen (18) shall be allowed to remain
                           under the continuing jurisdiction of the juvenile court for purposes of the
                           voluntary extension of services pursuant to § 37-2-417.

                        SECTION 5. This act shall take effect July 1, 2010, the public welfare
                requiring it.

      On motion, Children and Family Affairs Committee Amendment No. 1 was adopted.

       Rep. Fitzhugh moved adoption of Finance, Ways and Means Committee Amendment
No. 1 as House Amendment No. 2 as follows:

                                                         Amendment No. 2

              AMEND House Bill No. 3114 by deleting the language “§ 37-2-501” in subsection
      (d) in Section 1 of the bill as amended and by substituting instead the language Ҥ 37-2-
      601”.

           AND FURTHER AMEND by deleting the first sentence in Section 3 of the bill as
      amended.

              AND FURTHER AMEND by deleting Section 5 of the bill as amended and
      substituting instead the following:

                        SECTION 5. This act shall take effect July 1, 2010, the public welfare
                requiring it and shall be repealed on June 30, 2012. The repeal of this act shall
                not affect any programs that provide services to youth who are transitioning to
                adulthood from state custody and that are administered by the department of
                children’s services prior to the effective date of this act.

     On motion, Finance, Ways and Means Committee Amendment No. 1 as House
Amendment No. 2 was adopted.

        Rep. S. Jones moved that House Bill No. 3114, as amended, be passed on third and
final consideration, which motion prevailed by the following vote:

      Ayes ........................................................................................... 94
      Noes............................................................................................. 0




                                                              5180
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper,
Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors,
Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway,
Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S,
Jones U, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock,
McCord, McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh,
Niceley, Odom, Pitts, Pruitt, Ramsey, Richardson, Roach, Rowland, Sargent, Shaw, Shepard,
Shipley, Sontany, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M,
Watson, Weaver, White, Winningham, Yokley, Mr. Speaker Williams -- 94

         A motion to reconsider was tabled.


       *House Bill No. 1302 -- Criminal Offenses - As introduced, creates new criminal
offenses of unlawful restraint, compelling prostitution, and compelling production of pornography
and establishes civil liability for trafficking offenses. Amends TCA Title 39 and Title 40. by
*Jones S, *Gilmore, *Hardaway, *Towns. (SB1751 by *Marrero B, *Kelsey, *Yager)

      On motion, House Bill No. 1302 was made to conform with Senate Bill No. 1751; the
Senate Bill was substituted for the House Bill.

       Rep. S. Jones moved that Senate Bill No. 1751 be passed on third and final
consideration.

         On motion, Rep. Fitzhugh withdrew Finance, Ways and Means Committee Amendment
No. 1.

       Rep. S. Jones moved that Senate Bill No. 1751 be passed on third and final
consideration, which motion prevailed by the following vote:

         Ayes ........................................................................................... 94
         Noes............................................................................................. 0

        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper,
Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors,
Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway,
Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S,
Jones U, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock,
McCord, McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh,
Niceley, Odom, Pitts, Pruitt, Ramsey, Richardson, Roach, Rowland, Sargent, Shaw, Shepard,
Shipley, Sontany, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M,
Watson, Weaver, White, Winningham, Yokley, Mr. Speaker Williams -- 94

         A motion to reconsider was tabled.




                                                                 5181
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


      *House Resolution No. 383 -- General Assembly, Statement of Intent or Position -
Urges mortgage companies, banks, and other lending institutions to grant flood victims a 90-day
moratorium on mortgage payments. by *Gilmore, *Cooper B, *Hardaway, *Towns.

       Rep. Gilmore moved that House Resolution No. 383 be adopted.

       Rep. Pitts moved the previous question, which motion prevailed.

        Rep. Gilmore moved that House Resolution No. 383 be adopted, which motion
prevailed by the following vote:

       Ayes ........................................................................................... 85
       Noes............................................................................................. 6
       Present and not voting.................................................................. 2

        Representatives voting aye were: Armstrong, Barker, Bass, Bone, Borchert, Brooks H,
Brooks K, Brown, Camper, Carr, Cobb J, Cobb T, Coleman, Cooper, Curtiss, Dean, DeBerry J,
DeBerry L, Dunn, Eldridge, Faulkner, Favors, Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley,
Gilmore, Hackworth, Halford, Hardaway, Harmon, Harrison, Harwell, Hawk, Haynes, Hensley,
Hill, Johnson C, Johnson P, Jones S, Jones U, Kernell, Litz, Lollar, Lynn, Maddox, Maggart,
Marsh, Matheny, McCord, McCormick, McDaniel, McDonald, McManus, Montgomery, Moore,
Mumpower, Naifeh, Niceley, Odom, Pitts, Pruitt, Ramsey, Richardson, Roach, Sargent, Shaw,
Shepard, Shipley, Sontany, Stewart, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson,
Weaver, White, Winningham, Yokley, Mr. Speaker Williams -- 85

       Representatives voting no were: Campfield, Dennis, Lundberg, Matlock, Rowland,
Swafford -- 6

       Representatives present and not voting were: Bell, Evans -- 2

       A motion to reconsider was tabled.


        *House Resolution No. 397 -- General Assembly, Statement of Intent or Position -
Expresses concern with state's new contract to manage pharmacy benefits for state group
health insurance members. by *Hackworth, *Ramsey, *Marsh, *Fincher.

       Rep. Hackworth moved that House Resolution No. 397 be adopted.

       Rep. Swafford moved the previous question, which motion prevailed.

        Rep. Hackworth moved that House Resolution No. 397 be adopted, which motion
prevailed by the following vote:

       Ayes ........................................................................................... 92
       Noes............................................................................................. 0




                                                               5182
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Brown, Camper, Campfield, Carr, Cobb J, Cobb T, Coleman, Cooper, Curtiss,
Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors, Ferguson,
Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway, Harmon,
Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S, Jones U,
Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock, McCord,
McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Naifeh, Niceley, Odom, Pitts,
Pruitt, Ramsey, Richardson, Roach, Rowland, Sargent, Shaw, Shepard, Shipley, Sontany,
Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White,
Winningham, Yokley, Mr. Speaker Williams -- 92

       A motion to reconsider was tabled.


        *House Bill No. 2474 -- Education - As introduced, requires the state board of
education, THEC, TBR, and the UT board of trustees to provide video streaming over the
Internet of the board meetings of each entity. Amends TCA Title 49. by *Winningham, *Yokley,
*Hawk. (SB2407 by *Burks)

       Rep. Winningham moved that House Bill No. 2474 be passed on third and final
consideration.

        Rep. H. Brooks requested that Education Committee Amendment No. 1 be placed at the
heel of the Amendments.

       Rep. Fitzhugh moved adoption of Finance, Ways and Means Committee Amendment
No. 1 as House Amendment No. 2 as follows:

                                            Amendment No. 2

              AMEND House Bill No. 2474 by deleting all language after the enacting clause
       and by substituting instead the following:

                   SECTION 1. Tennessee Code Annotated, Section 49-1-301(d), is
              amended by adding the following as a new, appropriately designated subdivision:

                             ( ) Meetings of the board shall be made available for viewing by
                     the public over the Internet by streaming video accessible from the
                     board's web site. Archived videos of the board's meetings shall also be
                     available to the public through the board's web site.

                   SECTION 2. Tennessee Code Annotated, Section 49-7-204(f), is
              amended by adding the following as a new, appropriately designated subdivision:

                            ( ) Meetings of the commission shall be made available for
                     viewing by the public over the Internet by streaming video accessible from
                     the commission's web site. Archived videos of the commission's
                     meetings shall also be available to the public through the commission's
                     web site.




                                              5183
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                          SECTION 3. Tennessee Code Annotated, Section 49-8-201(c), is
                 amended by designating the existing language as subdivision (1) and by adding
                 the following language as new subdivision (2):

                                    (2) Meetings of the board shall be made available for viewing by
                            the public over the Internet by streaming video accessible from the
                            board's web site. Archived videos of the board's meetings shall also be
                            available to the public through the board's web site.

                        SECTION 4. Tennessee Code Annotated, Section 49-9-205, is amended
                 by adding the following as a new, appropriately designated subsection:

                                    ( ) Meetings of the board shall be made available for viewing by
                            the public over the Internet by streaming video accessible from the
                            board's web site. Archived videos of the board's meetings shall also be
                            available to the public through the board's web site.

                         SECTION 5. Costs of providing streaming video of meetings of the state
                 board of education, the Tennessee higher education commission, the Tennessee
                 board of regents and the board of trustees of the University of Tennessee system
                 shall be absorbed within the existing budget of the respective entity.

                         SECTION 6. This act shall take effect January 1, 2011, the public welfare
                 requiring it.

     On motion, Finance, Ways and Means Committee Amendment No. 1 as House
Amendment No. 2 was adopted.

       Rep. McCormick moved that Amendment No. 3 be withdrawn, which motion prevailed.

       On motion, Rep. H. Brooks withdrew Education Committee Amendment No. 1.

       Rep. Winningham moved that House Bill No. 2474, as amended, be passed on third
and final consideration, which motion prevailed by the following vote:

       Ayes ........................................................................................... 94
       Noes............................................................................................. 0

        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper,
Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors,
Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway,
Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S,
Jones U, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock,
McCord, McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh,
Niceley, Odom, Pitts, Pruitt, Ramsey, Richardson, Roach, Rowland, Sargent, Shaw, Shepard,
Shipley, Sontany, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M,
Watson, Weaver, White, Winningham, Yokley, Mr. Speaker Williams -- 94

       A motion to reconsider was tabled.



                                                               5184
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                                         CHAIR TO LITZ

         Mr. Speaker Williams relinquished the Chair to Rep. Litz.


                                        REGULAR CALENDAR, CONTINUED

       *House Bill No. 183 -- Clerks, Court - As introduced, decreases from 90 days to 60
days notice required by court clerk to state librarian and archivist prior to destruction of records.
Amends TCA Title 18. by *Hawk, *Sargent. (SB862 by *Southerland)

         Rep. Hawk moved that House Bill No. 183 be passed on third and final consideration.

       Rep. Fitzhugh requested that Finance, Ways and Means Committee Amendment No. 1
be placed at the heel of the Amendments.

         Rep. Hawk moved adoption of Amendment No. 2 as follows:

                                                            Amendment No. 2

                AMEND House Bill No. 183 by deleting all of the language following the enacting
         clause and substituting instead the following:

                          SECTION 1. Tennessee Code Annotated, Section 18-6-106(a)(2)(A), is
                   amended by deleting the language "62,900" from the list entitled "not less than"
                   and by deleting the language "63,000" from the list entitled "nor more than".

                           SECTION 2. For the purpose of transferring records, files and other
                   documents relating to probate matters, this act shall take effect upon becoming a
                   law, the public welfare requiring it. For all other purposes, including the transfer
                   of duties and authority over probate matters, this act shall take effect on January
                   1, 2011, the public welfare requiring it.

         On motion, Amendment No. 2 was adopted.

         On motion, Rep. Fitzhugh withdrew Finance, Ways and Means Committee Amendment
No. 1.

         Rep. Swafford moved the previous question, which motion prevailed.

       Rep. Hawk moved that House Bill No. 183, as amended, be passed on third and final
consideration, which motion prevailed by the following vote:

         Ayes ........................................................................................... 94
         Noes............................................................................................. 0




                                                                 5185
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper,
Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors,
Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway,
Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S,
Jones U, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock,
McCord, McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh,
Niceley, Odom, Pitts, Pruitt, Ramsey, Richardson, Roach, Rowland, Sargent, Shaw, Shepard,
Shipley, Sontany, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M,
Watson, Weaver, White, Winningham, Yokley, Mr. Speaker Williams -- 94

       A motion to reconsider was tabled.


                                    CHAIR TO SPEAKER

       Mr. Speaker Williams resumed the Chair.


                           REGULAR CALENDAR, CONTINUED

       *House Bill No. 2927 -- State Government - As introduced, increases from 15 percent to
25 percent the maximum voting interest an insurance company can have in a TNInvestco.
Amends TCA Title 4, Chapter 28 and Title 56. by *Sargent, *McCormick. (SB3049 by *Overbey,
*Kelsey, *Kyle, *Henry, *Marrero B, *Ford, O., *Tate, *Ketron, *Faulk, *Burks, *Harper)

      On motion, House Bill No. 2927 was made to conform with Senate Bill No. 3049; the
Senate Bill was substituted for the House Bill.

       Rep. Sargent moved that Senate Bill No. 3049 be passed on third and final
consideration.

       On motion, Rep. Harwell withdrew Commerce Committee Amendment No. 1.

       Rep. Fitzhugh moved adoption of Finance, Ways and Means Committee Amendment
No. 1 as House Amendment No. 2 as follows:

                                            Amendment No. 2

              AMEND Senate Bill No. 3049 by adding the following sections immediately
       preceding the effective date section and by renumbering the effective date section
       accordingly:

                     SECTION __.    Tennessee Code Annotated, Section 4-28-102, is
              amended by adding the following language as new, appropriately designated
              subdivisions:

                            ( ) “Minority-owned business” means a business that is wholly
                     owned, or at least fifty-one percent (51%) of the assets or outstanding
                     stock of which is owned, by one (1) or more individuals who are members
                     of any racial or ethnic minority within the state and whose management
                     and daily business operations are under the control of one (1) or more
                     members of any racial or ethnic minority within the state;



                                              5186
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                          ( ) “Woman-owned business” means a business that is wholly
                  owned, or at least fifty-one percent (51%) of the assets or outstanding
                  stock of which is owned, by one (1) or more women and whose
                  management and daily business operations are under the control of one
                  (1) or more women;

                 SECTION __.      Tennessee Code Annotated, Section 4-28-106, is
           amended by adding the following language as a new, appropriately designated
           subsection:

                         ( )

                                 (1) All qualified TNInvestcos, and the qualified businesses
                         in which they invest, shall strive to maximize the participation of
                         minority-owned businesses and woman-owned businesses to
                         reflect the racial, ethnic and gender diversity of Tennessee’s
                         population.

                                (2)    The department of economic and community
                         development shall promote awareness of the program established
                         by this chapter among minority-owned businesses and woman-
                         owned businesses.

                                 (3)   The department of economic and community
                         development shall undertake training programs and other
                         educational activities to increase diversity of participation by
                         encouraging minority-owned businesses and woman-owned
                         businesses to apply, compete and qualify for investments under
                         this chapter.

                               (4) Each TNInvestco shall coordinate its efforts to strive to
                         maximize participation in minority-owned businesses and woman-
                         owned businesses with the efforts of the department of economic
                         and community development.

                                (5) Each TNInvestco shall provide information on its web
                         site concerning this program and the availability of capital to
                         businesses including minority-owned businesses and woman-
                         owned businesses.

                  SECTION __.      Tennessee Code Annotated, Section 4-28-108, is
           amended by inserting the language “and the small and minority-owned business
           assistance program fund” immediately following the language “rural opportunity
           fund”.

                  SECTION __. Tennessee Code Annotated, Section 4-28-109(a)(1), is
           amended by inserting the language “and the small and minority-owned business
           assistance program fund” immediately following the language “Tennessee rural
           opportunity fund”.




                                         5187
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                   SECTION __. Tennessee Code Annotated, Section 4-28-109(a)(2), is
           amended by deleting the language “shall be transferred from the general fund to
           the Tennessee rural opportunity fund” and by substituting instead the language
           “shall be transferred from the general fund and seventy-five percent (75%) of
           such amount shall be transferred to the Tennessee rural opportunity fund and
           twenty-five percent (25%) of such amount shall be transferred to the small and
           minority-owned business assistance program fund”.

                   SECTION __. Tennessee Code Annotated, Section 4-28-110(a)(2), is
           amended by deleting subdivision (C) in its entirety and by substituting instead the
           following:

                          (C) All qualified investments that the qualified TNInvestco has
                  made in the previous taxable year and the number of employees,
                  including the number of minority and women employees, of each such
                  qualified business at the time of such investment and as of December 1
                  of the preceding taxable year; and

                 SECTION __.      Tennessee Code Annotated, Section 4-28-104, is
           amended by adding the following language as a new, appropriately designated
           subsection:

                          ( ) If the general assembly subsequently authorizes an allocation
                  of investment tax credits in addition to the two hundred million dollars
                  ($200,000,000) authorized by this act and by Chapter 610 of the Public
                  Acts of 2009, the department of revenue and the department of economic
                  and community development, in reviewing the organizational documents
                  of each applicant for certification and determining whether the applicant
                  has satisfied the requirements of this chapter pursuant to subsection (c),
                  shall additionally take into consideration the applicant’s involvement of
                  women and minorities.

                 SECTION __.      Tennessee Code Annotated, Section 4-28-105, is
           amended by adding the following language as a new, appropriately designated
           subsection:

                          ( ) If the general assembly subsequently authorizes an allocation
                  of investment tax credits in addition to the two hundred million dollars
                  ($200,000,000) authorized by this act and by Chapter 610 of the Public
                  Acts of 2009, in reviewing applications and awarding such credits, the
                  commissioner of revenue and the commissioner of economic and
                  community development shall strive to select applicants whose
                  investment team membership is reflective of the racial, ethnic and gender
                  diversity of Tennessee’s population.

             AND FURTHER AMEND by deleting the language “the comptroller of the
     treasury” from the amendatory language of SECTION 17 of the bill as amended and by
     substituting instead the following:




                                          5188
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                             the comptroller of the treasury and the state treasurer

     On motion, Finance, Ways and Means Committee Amendment No. 1 as House
Amendment No. 2 was adopted.

        Rep. McCord moved the previous question, which motion prevailed by the following
vote:

        Ayes ........................................................................................... 72
        Noes........................................................................................... 19
        Present and not voting.................................................................. 1

        Representatives voting aye were: Armstrong, Barker, Bass, Bone, Borchert, Brooks K,
Brown, Camper, Carr, Cobb J, Cobb T, Coleman, Cooper, Curtiss, Dean, DeBerry J, Eldridge,
Evans, Faulkner, Favors, Ferguson, Fincher, Fitzhugh, Ford, Fraley, Gilmore, Hackworth,
Halford, Hardaway, Harmon, Harrison, Harwell, Haynes, Johnson P, Jones S, Jones U, Litz,
Lollar, Lundberg, Maddox, Marsh, Matheny, McCord, McCormick, McDaniel, McDonald,
McManus, Montgomery, Moore, Mumpower, Naifeh, Odom, Pitts, Pruitt, Ramsey, Richardson,
Roach, Rowland, Sargent, Shaw, Shepard, Sontany, Stewart, Swafford, Tindell, Todd, Towns,
Turner J, Watson, Winningham, Yokley, Mr. Speaker Williams -- 72

       Representatives voting no were: Bell, Brooks H, Campfield, Casada, Dennis, Dunn,
Floyd, Hawk, Hensley, Hill, Johnson C, Lynn, Maggart, Matlock, Niceley, Shipley, Tidwell,
Weaver, White -- 19

        Representatives present and not voting were: Kernell -- 1

        Rep. Sargent moved that Senate Bill No. 3049, as amended, be passed on third and
final consideration, which motion prevailed by the following vote:

        Ayes ........................................................................................... 79
        Noes........................................................................................... 13
        Present and not voting.................................................................. 2

        Representatives voting aye were: Armstrong, Barker, Bass, Bone, Borchert, Brooks H,
Brooks K, Brown, Camper, Cobb J, Cobb T, Cooper, Curtiss, Dean, DeBerry J, DeBerry L,
Dennis, Eldridge, Faulkner, Favors, Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore,
Hackworth, Halford, Hardaway, Harmon, Harrison, Hawk, Haynes, Hensley, Hill, Johnson C,
Johnson P, Jones S, Jones U, Kernell, Litz, Lollar, Maddox, Marsh, Matheny, McCord,
McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh, Odom,
Pitts, Pruitt, Ramsey, Richardson, Roach, Rowland, Sargent, Shaw, Shepard, Sontany, Stewart,
Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson, White, Winningham,
Yokley, Mr. Speaker Williams -- 79

      Representatives voting no were: Bell, Campfield, Carr, Casada, Coleman, Dunn, Evans,
Lundberg, Lynn, Matlock, Niceley, Shipley, Weaver -- 13

        Representatives present and not voting were: Harwell, Maggart -- 2




                                                                5189
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


       A motion to reconsider was tabled.


       House Bill No. 2044 -- Alcoholic Beverages - As introduced, lowers duration of
residency requirement for issuance of alcoholic beverage retailer license to one year preceding
date of application or five consecutive years any time in the past; removes residency
requirement when next of kin of licensee takes over license upon licensee's death. Amends
TCA Title 57. by *Jones U, *Brown. (*SB1444 by *Berke)

       Rep. U. Jones moved that House Bill No. 2044 be passed on third and final
consideration.

        Rep. Todd moved adoption of State and Local Government Committee Amendment No.
1 as follows:

                                            Amendment No. 1

              AMEND House Bill No. 2044 by deleting all language after the enacting clause
       and by substituting instead the following:

                     SECTION 1.

                             If:

                                    (1) A smaller city which retained its charter when the
                             metropolitan form of government was adopted by a county having
                             a population in excess of five hundred thousand (500,000),
                             according to the 2000 federal census or any subsequent federal
                             census; and

                                    (2) Such city later by action of its governing body
                             abolishes its charter and by such action becomes a part of the
                             general services district of such county having a metropolitan form
                             of government; and

                                     (3) While the charter of such smaller city was in existence,
                             licenses were issued for the retail sale of alcoholic beverages for
                             off the premises consumption;

                             Then:

                                     Notwithstanding any provision of the charter of such
                             metropolitan government to the contrary, licenses may continued
                             to be issued for the retail sale of alcoholic beverages for off the
                             premises consumption for those stores which were located within
                             the municipal boundaries of the city while the charter was in force
                             even though, once the charter is abolished, such area will be
                             designated as being included in the general services district of
                             such county.




                                              5190
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                   SECTION 2. This act shall take effect upon becoming a law, the public
            welfare requiring it.

      On motion, State and Local Government Committee Amendment No. 1 was adopted.

       Rep. Fitzhugh moved adoption of Finance, Ways and Means Committee Amendment
No. 1 as House Amendment No. 2 as follows:

                                      Amendment No. 2

             AMEND House Bill No. 2044 by adding the following new section immediately
      preceding the last section and by renumbering the subsequent section accordingly:

                   SECTION ___. Tennessee Code Annotated, Section 57-4-102(27), is
            amended by adding the following language as a new, appropriately designated
            subdivision:

                          ( ) “Restaurant” also means a facility which:

                                  (i) Has a dining room with a square footage of at least
                          forty-two hundred (4,200) square feet which seats at least two
                          hundred twenty (220) at forty-five (45) tables;

                                  (ii) Has outside balcony seating with a great view of the
                          lake;

                                  (iii) Has an outside gazebo used for various functions
                          during the summer months, including Sunday church services,
                          and following such services a Sunday brunch is served;

                                  (iv) Has a dock with room for at least twelve (12) boats
                          and is located on a lake with a marina having at least one hundred
                          seventy-two (172) boat slips; and

                                 (v) Is located in any county having a population of not less
                          than three hundred seven thousand eight hundred (307,800) nor
                          more than three hundred seven thousand nine hundred (307,900)
                          according to the 2000 federal census or any subsequent federal
                          census.

     On motion, Finance, Ways and Means Committee Amendment No. 1 as House
Amendment No. 2 was adopted.

       Rep. Fitzhugh moved adoption of Finance, Ways and Means Committee Amendment
No. 2 as House Amendment No. 3 as follows:

                                      Amendment No. 3

             AMEND House Bill No. 2044 by adding the following new section immediately
      preceding the last section and by renumbering the subsequent section accordingly:



                                          5191
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                SECTION ___. Tennessee Code Annotated, Section 57-4-102(24), is
           amended by adding the following language as a new subdivision thereto:

                       (__)

                                (i) A commercially operated recreational facility, whether
                       open to the public or limited to members and guests of a
                       corporation, limited liability company, association or of the
                       development in which it is located, owned and operated by a
                       corporation, limited liability company, or association, having all of
                       the following characteristics:

                                     (a) The facility must be located in or adjacent to a
                              residential real estate development containing no less than
                              twenty-six (26) acres, inclusive of the facility;

                                      (b) The facility must have a marina with at least
                              two hundred forty (240) boat slips and must have a full-
                              service campground with public sewer with at least one
                              hundred eighty (180) sites and also have and maintain a
                              welcome center, lodge with a grill and a restaurant at the
                              marina meeting the requirements of subdivision (d), all of
                              which are open to the public or to members and their
                              guests;

                                      (c) Part of the boundary of the facility borders a
                              lake;

                                     (d) The restaurant must regularly serve meals and
                              have adequate and sanitary kitchen facilities with inside
                              seating at tables for at least one hundred (100) persons
                              and outside seating for at least forty (40) person;

                                      (e) The facility must be located in a county having
                              a population of not less than thirty-nine thousand eight
                              hundred (39,800) nor more than thirty-nine thousand eight
                              hundred seventy five (39,875), according to the 2000
                              federal census or any subsequent federal census; and

                                      (f) The facility must not discriminate against any
                              patron on the basis of age, gender, race, religion or natural
                              origin.

                               (ii) The premises of any facility licensed under this
                       subdivision (24)(__) shall mean any or all of the property that
                       constitutes the facility, including the lodge, marina, marina
                       restaurant and campground. A licensee shall designate the
                       premises to be licensed by the commission by filing a drawing of
                       the premises, which may be amended by the licensee filing a new
                       drawing.



                                       5192
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


     On motion, Finance, Ways and Means Committee Amendment No. 2 as House
Amendment No. 3 was adopted.

        Rep. U. Jones moved that House Bill No. 2044, as amended, be passed on third and
final consideration, which motion prevailed by the following vote:

         Ayes ........................................................................................... 63
         Noes........................................................................................... 27
         Present and not voting.................................................................. 2

       Representatives voting aye were: Armstrong, Borchert, Brown, Camper, Carr, Casada,
Coleman, Cooper, Curtiss, DeBerry L, Dennis, Eldridge, Favors, Ferguson, Fitzhugh, Ford,
Fraley, Gilmore, Hackworth, Halford, Hardaway, Harmon, Harrison, Harwell, Hawk, Haynes,
Johnson C, Johnson P, Jones S, Jones U, Kernell, Litz, Lundberg, Maggart, Marsh, Matheny,
McCord, McDaniel, McManus, Montgomery, Moore, Mumpower, Naifeh, Niceley, Odom, Pruitt,
Ramsey, Richardson, Rowland, Sargent, Shepard, Sontany, Stewart, Swafford, Tidwell, Tindell,
Towns, Turner J, Turner M, Weaver, Winningham, Yokley, Mr. Speaker Williams -- 63

       Representatives voting no were: Barker, Bass, Bell, Bone, Brooks H, Brooks K,
Campfield, Cobb T, Dean, DeBerry J, Dunn, Faulkner, Fincher, Floyd, Hensley, Hill, Lollar,
Lynn, Maddox, Matlock, McDonald, Pitts, Roach, Shaw, Shipley, Watson, White -- 27

         Representatives present and not voting were: Cobb J, McCormick -- 2

         A motion to reconsider was tabled.


       House Bill No. 3216 -- Taxes, Sales - As introduced, authorizes the allocation of state
sales tax revenues to enhancement counties in which commercial development zones are
located. Amends TCA Title 67, Chapter 6. by *Yokley. (*SB2835 by *Southerland)

      On motion, House Bill No. 3216 was made to conform with Senate Bill No. 2835; the
Senate Bill was substituted for the House Bill.

         Rep. Yokley moved that Senate Bill No. 2835 be passed on third and final consideration.

         On motion, Rep. Fitzhugh withdrew Finance, Ways and Means Committee Amendment
No. 1.

         Rep. Swafford moved the previous question, which motion prevailed.

       Rep. Yokley moved that Senate Bill No. 2835 be passed on third and final
consideration, which motion prevailed by the following vote:

         Ayes ........................................................................................... 93
         Noes............................................................................................. 0




                                                                 5193
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper,
Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors, Fincher,
Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway, Harmon, Harrison,
Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S, Jones U, Kernell, Litz,
Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock, McCord, McCormick,
McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh, Niceley, Odom, Pitts,
Pruitt, Ramsey, Richardson, Roach, Rowland, Sargent, Shaw, Shepard, Shipley, Sontany,
Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White,
Winningham, Yokley, Mr. Speaker Williams -- 93

       A motion to reconsider was tabled.


        *House Bill No. 3142 -- Domestic Violence - As introduced, increases the civil penalty
for violating an order of protection from $50.00 to $500. Amends TCA Section 36-3-610. by
*Bell, *Haynes, *Jones S, *Fincher, *McCord, *Dunn, *Hackworth, *McCormick, *Towns,
*Casada, *Hardaway, *Bass, *Watson, *Evans. (SB3100 by *Marrero B, *Stewart)

       Rep. Bell moved that House Bill No. 3142 be passed on third and final consideration.

       On motion, Rep. Coleman withdrew Judiciary Committee Amendment No. 1.

      Rep. Fitzhugh requested that Finance, Ways and Means Committee Amendment No. 1
as House Amendment No. 2 be placed at the heel of the Amendments.

       Rep. Bell moved adoption of Amendment No. 3 as follows:

                                            Amendment No. 3

              AMEND House Bill No. 3142 by deleting all of the language after the enacting
       clause and by substituting instead the following:

                     SECTION 1. Tennessee Code Annotated, Section 36-3-610, is amended
              by designating the existing language of subsection (b) as subdivision (1) and by
              adding the following language as new subdivisions thereto:

                             (2) The judge upon finding a violation of an order of protection or a
                     court-approved consent order shall require a bond of the respondent until
                     such time as the order of protection expires. Such bond shall not be less
                     than two thousand five hundred dollars ($2,500) and shall be payable
                     upon forfeit as provided . Bond shall be set at whatever the court
                     determines is necessary to reasonably assure the safety of the petitioner
                     as required. Any respondent for whom bond has been set may deposit
                     with the clerk of the court before which the proceeding is pending a sum
                     of money in cash equal to the amount of the bond. The clerk of the court
                     may deposit funds received in lieu of bonds, or any funds received from
                     the forfeiture of bonds, in an interest bearing account. Any interest
                     received from such accounts shall be payable to the office of the clerk.
                     Failure to comply with this subsection (b) may be punished by the court
                     as a contempt of court as provided in title 29, chapter 9.


                                              5194
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                             (3) If a respondent posting bond under this subsection (b) does
                     not comply with the conditions of the bond, the court having jurisdiction
                     shall enter an order declaring the bond to be forfeited. Notice of the order
                     or forfeiture shall be mailed forthwith by the clerk to the respondent at the
                     respondent's last known address. If the respondent does not within thirty
                     (30) days from the date of the forfeiture satisfy the court that compliance
                     with the conditions of the bond was met, the court shall enter judgment for
                     the state against the defendant for the amount of the bond and costs of
                     the court proceedings. The judgment and costs may be enforced and
                     collected in the same manner as a judgment entered into a civil action.

                           (4) Nothing in this section shall be construed to limit or affect any
                     remedy in effect on the effective date of this act.

                     SECTION 2. Tennessee Code Annotated, Section 36-3-610, is amended
              by adding a new subsection thereto, as follows:

                             (d) The proceeds of a judgment for the amount of the bond
                     pursuant to this section shall be paid quarterly to the administrative office
                     of the courts. The quarterly payments shall be due on the fifteenth day of
                     the fourth month of the year; the fifteenth day of the sixth month; the
                     fifteenth day of the ninth month; and on the fifteenth day of the first month
                     of the next succeeding year. The proceeds shall be allocated equally on
                     an annual basis as follows:

                                    (1) To provide legal representation to low-income
                            Tennesseans in civil matters in such manner as determined by the
                            supreme court as described in § 16-3-808(c); provided, that one-
                            fourth (¼) of such funds shall be allocated to an appropriate
                            statewide nonprofit organization capable of providing continuing
                            legal education, technology support, planning assistance,
                            resource development and other support to organizations
                            delivering civil legal representation to indigents. The remainder
                            shall be distributed to organizations delivering direct assistance to
                            clients with Legal Services Corporation funding as referenced in
                            the Tennessee State Plan for Civil Legal Justice approved in
                            March, 2001, by the Legal Services Corporation;

                                   (2) To the domestic violence state coordinating council,
                            created by title 38, chapter 12, part 1;

                                   (3) To the Tennessee Court Appointed Special Advocates
                            Association (CASA); and

                                    (4) To Childhelp.

                      SECTION 3. This act shall take effect July 1, 2010, the public welfare
              requiring it.

      Rep. Bell moved that House Bill No. 3142 be reset for the first space after the Budget
Calendar, which motion prevailed.


                                             5195
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


       *House Bill No. 2822 -- Public Contracts - As introduced, prohibits the state or any of its
departments, agencies, or political subdivisions from entering into a contract for services
performed by or at call centers, with a vendor, wherever located, who uses, or plans to
outsource such services to be provided by, in or by any person residing in a foreign country.
Amends TCA Title 5; Title 6; Title 7 and Title 12, Chapter 4, Part 1. by *Cobb T, *Borchert,
*Moore, *Jones S. (SB2839 by *Stewart)

       Rep. T. Cobb moved that House Bill No. 2822 be passed on third and final
consideration.

         On motion, Rep. Todd withdrew State and Local Government Committee Amendment
No. 1.

         On motion, Rep. Todd withdrew State and Local Government Committee Amendment
No. 2.

       Rep. Fitzhugh moved adoption of Finance, Ways and Means Committee Amendment
No. 1 as House Amendment No. 3 as follows:

                                          Amendment No. 3

                 AMEND House Bill No. 2822 by deleting all language after the caption and by
         substituting instead the following:

                      WHEREAS, the General Assembly recognizes that unemployment is a
               serious problem in the State of Tennessee; and

                     WHEREAS, the General Assembly recognizes that supporting
               employment in the United States would benefit the economy of the State of
               Tennessee; and

                      WHEREAS, providing a preference for call center services in the United
               States could aid the economy and assist the state government’s efforts to
               provide secure and efficient processing of information through call centers; now,
               therefore,

                    BE ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
               TENNESSEE

                             SECTION 1. Tennessee Code Annotated, Section 12-4-109, is
                      amended by deleting subsection (e) in its entirety and by substituting
                      instead the following:

                                      (e) The commissioner of finance and administration shall
                              promulgate regulations pursuant to subdivision (a)(1)(A)
                              authorizing a preference in the evaluation of proposals for state
                              contracts requiring the performance of call center services for
                              vendors through whom such services will be solely provided by
                              citizens of the United States who reside in the United States, or
                              any person authorized to work in the United States pursuant to
                              federal law, including legal resident aliens in the United States.


                                              5196
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                               As used in this subsection “call center” includes a business
                                       entity that performs services, including but not limited to, data
                                       entry services, electronic governmental transfers, or other
                                       electronic, telephone and telecommunication services.            Any
                                       proposer seeking this preference shall supply such supporting
                                       documentation as the state may require and shall certify that it will
                                       provide services solely by citizens of the United States who reside
                                       within the United States, or persons authorized to work in the
                                       United States pursuant to federal law, including legal resident
                                       aliens in the United States. The certification shall acknowledge
                                       that the State will audit and monitor compliance and seek
                                       appropriate remedies for noncompliance.

                                    SECTION 2. This act shall take effect upon becoming law, the
                            public welfare requiring it.

     On motion, Finance, Ways and Means Committee Amendment No. 1 as House
Amendment No. 3 was adopted.

        Rep. T. Cobb moved that House Bill No. 2822, as amended, be passed on third and
final consideration, which motion prevailed by the following vote:

       Ayes ........................................................................................... 94
       Noes............................................................................................. 0

        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper,
Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors,
Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway,
Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S,
Jones U, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock,
McCord, McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh,
Niceley, Odom, Pitts, Pruitt, Ramsey, Richardson, Roach, Rowland, Sargent, Shaw, Shepard,
Shipley, Sontany, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M,
Watson, Weaver, White, Winningham, Yokley, Mr. Speaker Williams -- 94

       A motion to reconsider was tabled.


       *House Bill No. 3163 -- Workers Compensation - As introduced, creates a procedure for
sole proprietors, partners, officers of corporations, and members of limited liability companies
engaged in the construction industry to file for an exemption from obtaining workers
compensation insurance to cover themselves. Amends TCA Title 1, Chapter 3; Title 29; Title 39,
Chapter 11; Title 50; Title 56, Title 68 and Chapter ___ of the Public Acts of 2010 (Ex.
Sess.)(Senate Bill 1 / House Bill 7 of the First Extraordinary Session). by *Curtiss, *Pitts,
*Shepard, *Matheny, *Tidwell, *Carr. (SB3591 by *Ketron, *Tate, *Barnes)

      On motion, House Bill No. 3163 was made to conform with Senate Bill No. 3591; the
Senate Bill was substituted for the House Bill.

       Rep. Curtiss moved that Senate Bill No. 3591 be passed on third and final consideration.


                                                               5197
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


     On motion, Rep. Matheny withdrew Consumer and Employee Affairs Committee
Amendment No. 1.

      On motion, Rep. Lynn withdrew Government Operations Committee Amendment No. 1
as House Amendment No. 2.

       Rep. Bass requested that Amendment No. 3 be placed at the heel of the Amendments.

       On motion, Rep. Fitzhugh withdrew Finance, Ways and Means Committee Amendment
No. 1 as House Amendment No. 4.

       Rep. McCord moved that Amendment No. 5 be withdrawn, which motion prevailed.

       Rep. McCord moved that Amendment No. 6 be withdrawn, which motion prevailed.

     Rep. McCord requested that Amendment No. 7 be placed at the heel of the
Amendments.

       Rep. Bass moved adoption of Amendment No. 3 as follows:

                                                          Amendment No. 3

             AMEND Senate Bill No. 3591 by deleting all language after the enacting clause
       and substituting instead the following:

                          SECTION 1. Chapter ___ of the Public Acts of 2010 (Ex. Sess.)(Senate
                 Bill 1 / House Bill 7 of the First Extraordinary Session), is amended by deleting
                 Sections 2 and 3 in their entireties and by adding the following as a new Section
                 2:

                       SECTION 2. The provisions of SECTION 1 shall take effect upon
                 becoming a law, the public welfare requiring it.

                        SECTION 2. This act shall take effect upon becoming a law, the public
                 welfare requiring

        Rep. Curtiss moved that Amendment No. 3 be tabled, which motion prevailed by the
following vote:

       Ayes ........................................................................................... 62
       Noes........................................................................................... 27
       Present and not voting.................................................................. 2

        Representatives voting aye were: Barker, Borchert, Brooks H, Brooks K, Brown, Carr,
Casada, Cobb T, Cooper, Curtiss, Dean, DeBerry J, DeBerry L, Eldridge, Favors, Fitzhugh,
Floyd, Fraley, Gilmore, Hackworth, Halford, Harmon, Harrison, Hawk, Haynes, Hill, Johnson P,
Jones S, Jones U, Kernell, Lollar, Lundberg, Maddox, Maggart, Marsh, Matheny, Matlock,
McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh, Odom,
Pitts, Pruitt, Ramsey, Richardson, Roach, Sargent, Shaw, Shepard, Shipley, Sontany, Stewart,
Tindell, Todd, Turner J, Turner M, White -- 62



                                                               5198
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


       Representatives voting no were: Armstrong, Bass, Bone, Camper, Campfield, Cobb J,
Coleman, Dennis, Dunn, Faulkner, Ferguson, Fincher, Ford, Hardaway, Hensley, Johnson C,
Litz, McCord, Niceley, Rowland, Swafford, Tidwell, Watson, Weaver, Winningham, Yokley, Mr.
Speaker Williams -- 27

      Representatives present and not voting were: Bell, Lynn -- 2

      Rep. McCord moved adoption of Amendment No. 7 as follows:

                                                         Amendment No. 7

             AMEND Senate Bill No. 3591 by deleting subdivision (a)(5) in § 50-6-903 in
      Section 13 of the bill as amended and substituting instead the following:

                        (a)(5) An owner of any business entity listed in subdivision (2) or (3) that
                is family owned; provided, no more than eight (8) owners of one (1) such family
                owned business may be exempt from § 50-6-902(a); provided further, that in
                order to qualify for an exemption from § 50-6-902(a), all owners receiving an
                exemption shall be partners or members of such family owned business entity
                and shall be individually named in the records of the secretary of state.

        Rep. Curtiss moved that Amendment No. 7 be tabled, which motion prevailed by the
following vote:

      Ayes ........................................................................................... 66
      Noes........................................................................................... 22

       Representatives voting aye were: Barker, Bone, Borchert, Brooks K, Brown, Camper,
Carr, Cobb T, Coleman, Cooper, Curtiss, Dean, DeBerry J, DeBerry L, Dunn, Eldridge,
Faulkner, Favors, Fincher, Fitzhugh, Floyd, Fraley, Gilmore, Hackworth, Halford, Hardaway,
Harrison, Hawk, Hensley, Hill, Johnson P, Jones S, Jones U, Kernell, Litz, Lundberg, Lynn,
Maddox, Maggart, Marsh, Matheny, McCormick, McDaniel, McDonald, McManus, Moore,
Mumpower, Naifeh, Odom, Pitts, Richardson, Roach, Sargent, Shaw, Shepard, Shipley,
Sontany, Stewart, Todd, Towns, Turner J, Turner M, Watson, White, Winningham, Yokley -- 66

      Representatives voting no were: Bass, Bell, Brooks H, Casada, Cobb J, Dennis,
Ferguson, Ford, Harmon, Haynes, Johnson C, Lollar, Matlock, McCord, Montgomery, Niceley,
Ramsey, Rowland, Swafford, Tidwell, Weaver, Mr. Speaker Williams -- 22

      Rep. Bell moved adoption of Amendment No. 8 as follows:

                                                         Amendment No. 8

             AMEND Senate Bill No. 3591 by deleting subdivision (a)(5) in § 50-6-903 in
      Section 13 of the bill as amended and substituting instead the following:

                        (a)(5) An owner of any business entity listed in subdivision (2) or (3) that
                is family owned; provided that in order to qualify for an exemption from § 50-6-
                902(a), all owners receiving an exemption shall be partners or members of such
                family owned business entity and shall be individually named in the records of
                the secretary of state.


                                                              5199
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


        Rep. Curtiss moved that Amendment No. 8 be tabled, which motion prevailed by the
following vote:

       Ayes ........................................................................................... 75
       Noes........................................................................................... 18

        Representatives voting aye were: Armstrong, Barker, Bone, Borchert, Brooks H, Brooks
K, Brown, Camper, Carr, Cobb T, Coleman, Cooper, Curtiss, Dean, DeBerry J, DeBerry L,
Dunn, Eldridge, Faulkner, Favors, Ferguson, Fincher, Fitzhugh, Floyd, Fraley, Gilmore,
Hackworth, Halford, Hardaway, Harmon, Harrison, Hawk, Haynes, Hill, Johnson C, Johnson P,
Jones S, Jones U, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny,
McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh, Odom,
Pitts, Pruitt, Ramsey, Richardson, Roach, Sargent, Shaw, Shepard, Shipley, Sontany, Stewart,
Tindell, Todd, Towns, Turner J, Turner M, White, Winningham, Yokley -- 75

       Representatives voting no were: Bass, Bell, Campfield, Casada, Cobb J, Dennis, Evans,
Ford, Hensley, Matlock, McCord, Niceley, Rowland, Swafford, Tidwell, Watson, Weaver, Mr.
Speaker Williams -- 18


                                         TCA 2-10-127(D) DECLARATION

       Rep. Campfield made a TCA 2-10-127(d) declaration relative to Senate Bill No. 3591.


                                      REGULAR CALENDAR, CONTINUED

       Rep. Swafford moved the previous question, which motion prevailed.

       Rep. Curtiss moved that Senate Bill No. 3591 be passed on third and final
consideration, which motion prevailed by the following vote:

       Ayes ........................................................................................... 87
       Noes............................................................................................. 7

        Representatives voting aye were: Armstrong, Barker, Bell, Bone, Borchert, Brooks H,
Brooks K, Brown, Camper, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper, Curtiss, Dean,
DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors, Ferguson, Fincher,
Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway, Harmon, Harrison,
Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S, Jones U, Kernell, Litz,
Lollar, Lundberg, Maddox, Maggart, Marsh, Matheny, Matlock, McCormick, McDaniel,
McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh, Odom, Pitts, Pruitt, Ramsey,
Richardson, Roach, Rowland, Sargent, Shaw, Shepard, Shipley, Sontany, Stewart, Swafford,
Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson, White, Winningham, Yokley -- 87

      Representatives voting no were: Bass, Campfield, Lynn, McCord, Niceley, Weaver, Mr.
Speaker Williams -- 7

       A motion to reconsider was tabled.




                                                               5200
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                       SPECIAL ORDER

      Rep. Odom moved that the House take up House Bill No. 3787, number 53 on today’s
Regular Calendar, out of order at this time. Without objection it was so ordered.

                            REGULAR CALENDAR, CONTINUED

       House Bill No. 3787 -- Taxes - As introduced, modifies various tax provisions
concerning video programming services, telecommunications services, sales of property for use
in business of selling, and determination of net earnings for real estate investment trusts.
Amends TCA Title 7; Title 55; Title 56; Title 67 and Title 71, Chapter 602 of the Public Acts of
2007; and Chapter 530 of the Public Acts of 2009. by *Turner M. (*SB3901 by *Kyle)

      On motion, House Bill No. 3787 was made to conform with Senate Bill No. 3901; the
Senate Bill was substituted for the House Bill.

       Rep. M. Turner moved that Senate Bill No. 3901 be passed on third and final
consideration.

         On motion, Rep. Fitzhugh withdrew Finance, Ways and Means Committee Amendment
No. 1.

         Rep. M. Turner moved adoption of Amendment No. 2 as follows:

                                           Amendment No. 2

                AMEND Senate Bill No. 3901 by adding the following new section immediately
         preceding the last section and by renumbering the subsequent section accordingly:

                    SECTION ___. Tennessee Code Annotated, Section 67-6-103, is
               amended by adding the following as a new, appropriately designated subsection:

                               ( ) If a municipality having a population of not less than four
                      thousand one hundred sixty (4160) nor more than four thousand one
                      hundred seventy (4170) according to the 2000 federal census or any
                      subsequent federal census and that is the county seat of a county having
                      a population of not more than one hundred seven thousand one hundred
                      (107,100) nor more than one hundred seven thousand two hundred
                      (107,200) according to the 2000 federal census or any subsequent
                      federal census establishes a courthouse square revitalization and tourism
                      development zone, then the amount by which the incremental state sales
                      tax derived from sales in the courthouse square revitalization and tourism
                      development zone exceeds the incremental state sales tax derived from
                      sales in the entire county in which the zone is located during the base tax
                      year shall be apportioned and distributed to the municipality in an amount
                      not to exceed five hundred thousand dollars ($500,000) annually and
                      shall be used by the municipality exclusively for maintaining and
                      improving the viability of the courthouse square and tourism development
                      zone through means deemed appropriate by the governing body of the
                      municipality including, but not limited to, making loans or grants to any
                      public or private person, entity, or association for the use of infrastructure,
                      marketing, economic development and other purposes related to
                      revitalization and tourism development.



                                              5201
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                            The courthouse square revitalization and tourism development
                   zone authorized by this subsection shall be established and approved in
                   the same manner as a courthouse square revitalization zone described in
                   title 6, chapter 59. For this subsection, "base tax year" means the year
                   prior to 2010 or the year prior to establishment of the courthouse square
                   revitalization and tourism development zone, whichever is later, adjusted
                   annually after the first year by a percentage equal to the percentage
                   change in the collection of state sales tax derived from sales for the entire
                   county in which the zone is located. Any distribution to a municipality as
                   provided for by this subsection shall be limited to a period of twenty (20)
                   years.

     On motion, Amendment No. 2 was adopted.

     Rep. M. Turner moved adoption of Amendment No. 3 as follows:

                                       Amendment No. 3

            AMEND Senate Bill No. 3901 by adding the following new section immediately
     preceding the last section and by renumbering the subsequent section accordingly:

                   SECTION ___.           Tennessee Code Annotated, Section 67-6-
            103(d)(1)(A)(iii), is amended by adding the following language at the end of the
            subdivision:

                           Moreover, if a municipal jurisdiction in a county with a population
                   of not less than ninety-one thousand eight hundred (91,800) nor more
                   than ninety-one thousand nine hundred (91,900), according to the 2000
                   federal census establishes an economic impact area as part of an
                   economic impact plan pursuant to § 7-53-312, then the amount by which
                   the incremental state sales tax derived from sales in the economic impact
                   area exceeds the incremental state sales tax derived from sales in the
                   entire county in which the economic impact area is located during the
                   base tax year shall be apportioned and distributed to the municipality in
                   an amount not to exceed five hundred thousand dollars ($500,000)
                   annually and shall be held for the exclusive use of the municipality or an
                   agency designated by the municipality to promote the economic
                   development of professional sports associated with sports stadiums that
                   are owned or funded in part by the municipality and located within the
                   economic impact area. For this subdivision (d)(1)(A)(iii), "base tax year"
                   means the year prior 2010 or the year prior to establishment of the
                   economic impact area, whichever is later, adjusted annual after the first
                   year by a percentage equal to the percentage change in the collection of
                   state sales tax derived from sales for the entire county in which the
                   economic impact area is located.

     Rep. Hill moved the previous question on Amendment No. 3, which motion prevailed.

     On motion, Amendment No. 3 was adopted.




                                           5202
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


       Rep. McCord moved the previous question, which motion was immediately withdrawn.

         After further debate, Rep. Swafford moved the previous question, which motion failed by
the following vote:

       Ayes ........................................................................................... 60
       Noes........................................................................................... 31
       Present and not voting.................................................................. 1

       Representatives voting aye were: Armstrong, Barker, Bass, Bone, Borchert, Brooks H,
Brooks K, Brown, Camper, Cobb T, Coleman, Curtiss, DeBerry J, DeBerry L, Eldridge,
Faulkner, Favors, Ferguson, Fincher, Fitzhugh, Ford, Fraley, Gilmore, Hackworth, Hardaway,
Harmon, Harwell, Johnson C, Jones S, Jones U, Maggart, Marsh, Matheny, McCord, McDaniel,
McDonald, McManus, Montgomery, Moore, Naifeh, Odom, Pitts, Ramsey, Richardson, Roach,
Rowland, Shaw, Shepard, Sontany, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J,
Turner M, White, Winningham, Mr. Speaker Williams -- 60

        Representatives voting no were: Bell, Campfield, Carr, Casada, Cobb J, Cooper, Dean,
Dennis, Dunn, Evans, Floyd, Halford, Harrison, Hawk, Haynes, Hensley, Hill, Johnson P, Litz,
Lollar, Lundberg, Lynn, Maddox, Matlock, McCormick, Mumpower, Sargent, Shipley, Watson,
Weaver, Yokley -- 31

       Representatives present and not voting were: Kernell -- 1

       After further discussion on the bill, Rep. Maddox moved the previous question, which
motion prevailed.

        Rep. M. Turner moved that Senate Bill No. 3901, as amended, be passed on third and
final consideration, which motion prevailed by the following vote:

       Ayes ........................................................................................... 92
       Noes............................................................................................. 2

        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Brown, Camper, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper, Curtiss, Dean,
DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors, Ferguson, Fincher,
Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway, Harmon, Harrison,
Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S, Jones U, Kernell, Litz,
Lollar, Lundberg, Maddox, Maggart, Marsh, Matheny, Matlock, McCord, McCormick, McDaniel,
McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh, Niceley, Odom, Pitts, Pruitt,
Ramsey, Richardson, Roach, Rowland, Sargent, Shaw, Shepard, Shipley, Sontany, Stewart,
Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White,
Winningham, Yokley, Mr. Speaker Williams -- 92

       Representatives voting no were: Campfield, Lynn -- 2

       A motion to reconsider was tabled.


                                                     SPECIAL ORDER

      Without objection, Rep. Odom moved that the House take up the Before the Budget
Calendar at this time. Without objection it was so ordered.



                                                               5203
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                 BEFORE THE BUDGET CALENDAR

         *House Bill No. 2556 -- Taxes, Sales - As enacted, reduces retail sales tax on food from
5.5 percent to 5 percent for tax year 2011 and thereafter. Amends TCA Title 3; Title 4; Title 5;
Title 6; Title 7; Title 8; Title 9; Title 12; Title 16; Title 30; Title 36; Title 39; Title 40; Title 45; Title
47; Title 48; Title 49; Title 55; Title 56; Title 57; Title 61; Title 62; Title 67; Title 68; Title 69; Title
70 and Title 71. by *Fitzhugh. (SB2616 by *Kyle, *McNally, *Ketron)

      On motion, House Bill No. 2556 was made to conform with Senate Bill No. 2616; the
Senate Bill was substituted for the House Bill.

       Rep. Fitzhugh moved that Senate Bill No. 2616 be passed on third and final
consideration.

         On motion, Rep. Sargent withdrew Finance, Ways and Means Committee Amendment
No. 1.

         Rep. M. Turner moved adoption of Amendment No. 2 as follows:

                                                Amendment No. 2

                AMEND Senate Bill No. 2616 by adding the following new sections immediately
         preceding the last section and by renumbering the subsequent section accordingly:

                   SMALL BUSINESSES AND DIVERSITY BUSINESS ENTERPRISES

                       SECTION __. Tennessee Code Commission shall transfer Tennessee
                 Code Annotated, Sections 12-3-809, 12-3-810, 12-3-811 and 12-3-812 to be a
                 new Part 14 of Title 12, Chapter 3.

                        SECTION __. Tennessee Code Annotated, Title 12, Chapter 3, Part 8, is
                 amended by deleting Sections 12-3-801 through 12-3-808 in their entireties and
                 by substituting instead the following:

                                  Section 12-3-801

                                         (a) This part and part 13 shall be known and may be cited
                                  as the “Tennessee Small Business and Diversity Business
                                  Enterprise Procurement and Contracting Opportunity Act.”

                                         (b) The purpose of this part is to create a program to
                                  enhance and increase participation of Tennessee small
                                  businesses, minority businesses, woman owned businesses and
                                  other small businesses in the state’s procurements and contracts.

                                         (c) Within the department of general services, there is
                                  created the governor’s office of diversity business enterprise to
                                  administer the provisions of this act.

                                Section 12-3-802. As used in this part, and part 13 of this chapter,
                         unless the context otherwise requires:


                                                    5204
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                              (1) "Commissioner" means the commissioner of general
                       services;

                              (2) “Contractor” means a business enterprise including a
                       sole proprietorship, a partnership, a corporation, limited liability
                       corporation or joint venture and is a for-profit business, to provide
                       equipment, supplies, personal services, professional services,
                       consulting services, construction services, and architectural and
                       engineering services;

                               (3)    “Corporation” means any major corporation that
                       relocates to the state of Tennessee as a result of the department
                       of economic and community development’s fast track tax incentive
                       infrastructure development program;

                              (4)    "Department" means the department of general
                       services;

                              (5) “Diversity business" or "diversity business enterprise”
                       means any business that is minority owned, woman owned, or any
                       other small businesses as defined in this part;

                              (6) “Goal setting” means establishing annual internal state
                       agency goals to achieve the participation of Tennessee small
                       businesses and diversity business enterprises in state
                       procurement and contracting opportunities;

                               (7)    “Good faith effort” means each state agency’s,
                       bidder's, proposer's, contractor's or corporation’s efforts to utilize
                       Tennessee small businesses and diversity business enterprises in
                       the state’s procurement and contracting opportunities;

                               (8) ”Governor’s office of diversity business enterprise”
                       means the office charged with coordinating and directing the state
                       of Tennessee’s efforts to assist Tennessee small businesses and
                       diversity businesses to compete successfully for the state of
                       Tennessee’s expenditures for goods and services;

                             (9) "Minority" means a person who is a citizen or lawful
                       permanent resident of the United States and who has and can
                       demonstrate membership in one (1) of the following groups:

                                      (A) African American (a person having origins in
                              any of the black racial groups of Africa);

                                      (B) Hispanic (a person of Mexican, Puerto Rican,
                              Cuban, Central or South American, or other Spanish
                              culture or origin, regardless of race);

                                      (C) Asian American (a person having origins in any
                              of the original peoples of the Far East, Southeast Asia, the
                              Indian subcontinent, or the Pacific Islands); or




                                       5205
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                      (D) Native American (a person having origins in
                              any of the original peoples of North America);

                               (10) "Minority owned business" means a business that is
                       a continuing, independent, for profit business which performs a
                       commercially useful function, and is at least fifty-one percent
                       (51%) owned and controlled by one (1) or more minority
                       individuals who are impeded from normal entry into the economic
                       mainstream because of past practices of discrimination based on
                       race or ethnic background;

                               (11) "Other small business" means a business that is a
                       continuing, independent, for profit business which performs a
                       commercially useful function, that does not reside in the State of
                       Tennessee and has total gross receipts of no more than ten
                       million dollars ($10,000,000) averaged over a three-year period
                       and employs no more that thirty (30) persons on a full-time basis
                       and is certified as such;

                              (12)      "Procurement and contracting" means the
                       procurement, contract award and purchase order award of
                       equipment, supplies, personal services, professional services,
                       consulting services, construction contracts, and architectural and
                       engineering services;

                              (13) “State purchase order” means a document that
                       authorizes a vendor to provide goods or services stated on the
                       purchase order for a specific price and delivery point. A purchase
                       order may result from an agency making a local purchase or a
                       release order against an existing state contract or a one-time
                       purchase bid and awarded by the purchasing division;

                              (14) “Small business program representative” means the
                       state agency liaison to the governor’s office of diversity business
                       enterprise;

                              (15)    “State agency” means state of Tennessee
                       departments, agencies, commissions, boards, state building
                       commission, higher education, and the board of regents;

                               (16) “State contract” means a written agreement for the
                       purchase of equipment, supplies, personal services, professional
                       services, consulting services, construction services, and
                       architectural and engineering services;

                              (17) ”Subcontractor” means a business under contract
                       with a contractor, for providing equipment, supplies, personal
                       services, professional services, consulting services, construction
                       contracts, and architectural and engineering services;




                                       5206
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                              (18) “Tennessee small business” means a business that is
                       a continuing, independent, for profit business which performs a
                       commercially useful function with residence in Tennessee and has
                       total gross receipts of no more than ten million dollars
                       ($10,000,000) averaged over a three year period and employs no
                       more than thirty (30) persons on a full-time basis and is certified
                       as such;

                               (19) “Utilization plan” means a plan that outlines efforts to
                       utilize the participation of Tennessee small businesses and
                       diversity businesses on contracts, purchase orders or both
                       contracts and purchase orders awarded;

                               (20) “Utilization commitment” means a commitment to
                       utilize Tennessee small businesses and diversity businesses on
                       contracts, purchase orders or both contract and purchases orders
                       awarded by the state of Tennessee; and

                               (21) "Woman owned business" means a woman owned
                       business that is a continuing, independent, for profit business
                       which performs a commercially useful function, and is at least fifty-
                       one percent (51%) owned and controlled by one (1) or more
                       women; or, in the case of any publicly owned business, at least
                       fifty-one percent (51%) of the stock of which is owned and
                       controlled by one (1) or more women and whose management
                       and daily business operations are under the control of one (1) or
                       more women.

                       Section 12-3-803.

                                (a) The commissioner is authorized to adopt rules and
                       regulations establishing criteria and standards for Tennessee
                       small businesses and diversity business enterprises that are
                       eligible to be included under this part. Such rules and regulations
                       shall include methods by which eligibility can be verified and the
                       business deemed certified.

                               (b) Such criteria and standards for eligibility shall include,
                       but not be limited to, the number of employees, the total gross
                       receipts or annual sales volume, including ownership and control.

                                (c) The governor’s office of diversity business enterprise
                       shall develop a certification program and publish a directory of
                       certified Tennessee small businesses and diversity business
                       enterprises.

                              (d) Any business desiring to be certified as a Tennessee
                       small business or diversity business enterprise shall make
                       application to the governor's office of diversity business
                       enterprises on an application as prescribed by such office.

                       Section 12-3-804




                                       5207
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                             (a) The commissioner of general services is charged with
                       responsibility for this part and part 13.

                               (b) The commissioner is authorized to adopt rules and
                       regulations establishing criteria and standards for a program that
                       complies with the regulations of this part and part 13.

                              (c) As directed by the commissioner, the governor’s office
                       of diversity business enterprise, attached to the department of
                       general services, shall develop and administer a program to
                       comply with the regulations of this part and part 13.

                              (d) The office shall develop policies and procedure to
                       coordinate and direct efforts to assist Tennessee small
                       businesses and diversity business enterprises.

                              (e)   The office shall facilitate notification of state
                       procurement and contracting opportunities to such businesses.

                       Section 12-3-805

                              (a) All state agencies shall fully cooperate and comply with
                       this part and part 13 to ensure the participation of Tennessee
                       small businesses and diversity business enterprises in the state’s
                       procurement and contracting opportunity program and adhere to
                       the policies, procedures and reporting guidelines prescribed by
                       the governor’s office of diversity business enterprise.

                               (b) Each state agency shall designate a staff person as a
                       small business liaison representative to the governor’s office of
                       diversity business enterprise to coordinate the agency’s efforts to
                       utilize Tennessee small businesses and diversity business
                       enterprises in their procurement and contracting opportunities.

                              (c) Each state agency’s small business liaison shall
                       provide monthly to the governor’s office of diversity business
                       enterprise a report of solicitations issued, contract dollars awarded
                       and payments made toward those contracts to Tennessee small
                       businesses and diversity business enterprises.

                               (d) Each state agency shall regularly track its award and
                       payment data to ensure its attainment of annual established goals
                       for Tennessee small business, and diversity business enterprise
                       participation in procurement and contracting.

                              (e) Contractors shall fully cooperate and comply with this
                       part and part 13 to ensure the participation of Tennessee small
                       businesses and diversity business enterprises in the state’s
                       procurement and contracting opportunity program and adhere to
                       the policies, procedures and reporting guidelines prescribed by
                       the governor’s office of diversity business enterprise.


                                       5208
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                               (f) Corporations relocated to the state as a result of the
                       department of economic and community development’s fast track
                       incentive infrastructure development program shall make an effort
                       to achieve Tennessee small business and diversity business
                       enterprise participation in their procurements and contracts though
                       their own prescribed program.

                               (g) Corporations shall provide to the governor’s office of
                       diversity business enterprise a quarterly report of contracts and
                       purchase orders awarded and payments against such awards to
                       Tennessee small businesses and diversity business enterprises.

                       Section 12-3-806.

                               (a) The commissioner is authorized to adopt rules and
                       regulations establishing criteria and standards for goal setting that
                       are set in accordance with availability of Tennessee small
                       businesses and diversity businesses. In setting these goals, the
                       governor’s office of diversity business enterprise shall work closely
                       with each state agency to ensure that goals are reasonable and
                       obtainable.

                              (b) Individual goals shall be established for Tennessee
                       small businesses and diversity business enterprises by each
                       gender, racial and ethnic group.

                               (c) Nothing in this part or part 13 shall be construed as
                       establishing any mandatory goal or quota with respect to
                       Tennessee small businesses and diversity business enterprises.

                       Section 12-3-807.

                                 (a) Through the process of certification, the ownership and
                       control of businesses participating in the program shall be verified.
                       In fulfilling its charge, the governor’s office of diversity business
                       enterprise is directed to work with all state agencies with
                       procurement policy responsibilities to ensure compliance with the
                       program requirements.

                              (b) All state agencies with authority to solicit bids or
                       proposals for equipment, supplies, professional services,
                       consulting services, construction contracts, and architectural and
                       engineering services are required to actively solicit bids from
                       Tennessee small businesses and diversity business enterprises
                       in order to obtain their annual established goals for procurements
                       and contracting.

                               (c) The commissioner of general services shall develop
                       and adopt rules and regulations to establish a process for state
                       agencies to actively solicit bids and requests for proposals that
                       assist these agencies in achieving their established goals for
                       participation of Tennessee small businesses and diversity
                       business enterprises.



                                       5209
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                        Section 12-3-808.

                                (a) In accordance with the provisions of this act, efforts
                        shall be made to facilitate and maximize the participation of
                        Tennessee small businesses and diversity business enterprises in
                        state procurement and contracting opportunities.

                                (b) The commissioner shall develop and adopt rules and
                        regulations to establish a process for bidders and proposers to
                        demonstrate their efforts to achieve Tennessee small business
                        and diversity business enterprise participation on contracts
                        awarded by this state.

                                 (c) In order for a bid or proposal to be considered
                        responsive, bidders and proposers shall show proof of their good
                        faith efforts to achieve participation and provide a plan for utilizing
                        certified participation at the time of submission of the bid or
                        proposal.

                               (d) Bidders and proposer’s good faith efforts and utilization
                        plans shall be evaluated to determine if good faith efforts and a
                        reasonable amount of participation has been achieved. The
                        governor’s office of diversity business enterprise shall assist in the
                        evaluation.

                               (e) State agencies, contractors and corporations are
                        required to review their Tennessee small business and diversity
                        business enterprise utilization plans, prescribed programs for
                        compliance or both.

                         Section 12-3-809. The commissioner shall develop rules and
                 regulations to establish criteria for good faith efforts to evaluate and
                 determine a bidder’s or proposer’s efforts to achieve the participation of
                 Tennessee small business and diversity business enterprise. Each State
                 agency which places a solicitation shall require its bidders and proposers
                 to undertake good faith efforts.

                        Section 12-3-810.

                               (a) Each state agency is required to report monthly to the
                        governor’s office of diversity business enterprise as to the number
                        of purchase orders and contracts awarded to Tennessee small
                        businesses and diversity business enterprises on a form
                        prescribed by such office.

                                (b) The commissioner shall annually report, on or before
                        each December 31, to the governor and to each member of the
                        general assembly concerning the awarding of state agency
                        purchases and contracts awarded to Tennessee small businesses
                        and diversity business enterprises made during the preceding
                        fiscal year. Such report shall include:




                                         5210
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                      (1) The number of solicitations to Tennessee small
                               businesses and diversity business enterprises in total and
                               by each gender, racial and ethnic group.

                                      (2) The number of bids and proposals received
                               from Tennessee small businesses and diversity business
                               enterprises in total and by each gender, racial and ethnic
                               group.

                                       (3) The dollar amount of contracts and purchases
                               orders awarded to Tennessee small businesses and
                               diversity business enterprises in total and by each gender,
                               racial and ethnic group.

                SECTION __. Tennessee Code Annotated, Title 12, Chapter 3, is
           amended by adding the following language as a new part 13:

                         Section 12-3-1301. In addition to the other provisions of this
                 chapter concerning Tennessee small business and diversity business
                 enterprise procurement and contracting opportunities, the governor’s
                 office of diversity business enterprise shall develop a plan to maximize
                 participation of Tennessee small business in state agency procurement
                 and contracting activities. In developing such a plan, the department
                 shall establish a minimum participation goal of twenty percent (20%) to
                 achieve the participation of Tennessee small businesses through both
                 prime and second-tier state agency procurement and contracting
                 opportunities.

                        Section 12-3-1302.

                               (a) Notwithstanding any provision of law to the contrary,
                        the commissioner of general services shall promulgate regulations
                        authorizing an allowance for Tennessee small businesses in the
                        evaluation of bids and proposals for state contracts.

                               (b) An allowance shall be given to a Tennessee small
                        business whose bid or proposal is equal to, or does not to exceed,
                        the lowest responsive, responsible bidder on such bid or proposal.

                         Section 12-3-1303. The department is authorized and directed to
                 identify qualified Tennessee small businesses, to undertake training
                 programs and other educational activities to enable Tennessee small
                 businesses to compete for contracts on an equal basis with other
                 businesses, and to provide necessary assistance to state agencies
                 seeking to maximize participation of Tennessee small businesses.

                        Section 12-3-1304. The commissioner shall include information
                 concerning the effectiveness of this part in the annual report submitted to
                 the governor and to each member of the general assembly pursuant to §
                 12-3-810.



                                        5211
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                         SECTION __. The department of general services, in consultation with
                 the department of economic and community development, shall study
                 opportunities available to Tennessee small businesses in state contracting and
                 the potential effect of enhancing such opportunities through utilization of
                 monetary allowances. As a basis for such study, any allowance to be given to a
                 Tennessee small business shall not exceed five (5%) of the lowest responsive,
                 responsible bidder meeting specifications and shall be applied on a sliding scale
                 in the following manner:

                                  (1) Five percent (5%) shall be allowed for contracts up to five
                            hundred thousand dollars ($500,000);

                                   (2) Three and one-half percent (3.5%) shall be allowed for
                            contracts up to seven hundred fifty thousand dollars ($750,000);

                                   (3) Two and one-half percent (2.5%) shall be allowed for
                            contracts up to one million dollars ($1,000,000);

                                   (4) Two percent (2%) shall be allowed for contracts that exceed
                            one million dollars ($1,000,000); and

                                   (5)     For construction contracts over two million dollars
                            ($2,000,000), a two percent (2%) allowance shall be given to the bids of
                            general contractors who, through use of subcontractors, utilize
                            Tennessee small businesses to perform at least twenty percent (20%) of
                            the work subject to the contract. Any general contractor that receives a
                            contract pursuant to this subdivision shall provide periodic reports that the
                            requirements of the subdivision have been met or exceeded as may be
                            required by the terms of the contract.

                         Any findings and recommendations shall be included in the first annual
                 report submitted to the governor and to each member of the general assembly
                 pursuant to § 12-3-810 after completion of such study.


                                                  CHAIR TO DEBERRY

       Mr. Speaker Williams relinquished the Chair to Rep. DeBerry, Speaker pro tempore.


                            BEFORE THE BUDGET CALENDAR, CONTINUED

         Rep. Towns moved the previous question on Amendment No. 2, which motion failed by
the following vote:

       Ayes ........................................................................................... 48
       Noes........................................................................................... 42
       Present and not voting.................................................................. 1

       Representatives voting aye were: Armstrong, Barker, Bone, Borchert, Brown, Camper, Cobb
T, Coleman, Cooper, Curtiss, DeBerry L, Eldridge, Faulkner, Favors, Ferguson, Fincher, Fitzhugh,
Gilmore, Hackworth, Hardaway, Harmon, Jones S, Jones U, Litz, Lollar, Maddox, McDonald,
Moore, Naifeh, Niceley, Odom, Pitts, Pruitt, Ramsey, Richardson, Shaw, Shepard, Shipley,
Sontany, Stewart, Swafford, Tindell, Todd, Towns, Turner J, Turner M, Winningham, Yokley -- 48


                                                               5212
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


      Representatives voting no were: Bass, Bell, Brooks H, Brooks K, Campfield, Carr,
Casada, Cobb J, Dean, Dennis, Dunn, Evans, Floyd, Ford, Fraley, Halford, Harrison, Harwell,
Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Lundberg, Lynn, Maggart, Marsh,
Matheny, Matlock, McCormick, McDaniel, McManus, Montgomery, Mumpower, Roach,
Rowland, Sargent, Tidwell, Watson, Weaver, White -- 42

       Representatives present and not voting were: Kernell -- 1

        Rep. Swafford moved that Amendment No. 2 be tabled, which motion failed by the
following vote:

       Ayes ........................................................................................... 44
       Noes........................................................................................... 46

       Representatives voting aye were: Bell, Brooks H, Brooks K, Campfield, Carr, Casada,
Cobb J, Dennis, Dunn, Eldridge, Evans, Faulkner, Floyd, Halford, Harrison, Harwell, Hawk,
Haynes, Hensley, Hill, Johnson C, Johnson P, Lollar, Lundberg, Lynn, Maggart, Marsh,
Matheny, Matlock, McCord, McCormick, McDaniel, McManus, Montgomery, Mumpower,
Niceley, Ramsey, Rowland, Shipley, Swafford, Todd, Watson, Weaver, White -- 44

        Representatives voting no were: Armstrong, Barker, Bone, Borchert, Brown, Camper, Cobb
T, Coleman, Cooper, Curtiss, Dean, DeBerry J, DeBerry L, Favors, Ferguson, Fincher, Fitzhugh,
Fraley, Gilmore, Hackworth, Hardaway, Harmon, Jones S, Jones U, Kernell, Litz, Maddox,
McDonald, Moore, Naifeh, Odom, Pitts, Pruitt, Richardson, Roach, Shaw, Shepard, Sontany,
Stewart, Tindell, Towns, Turner J, Turner M, Winningham, Yokley, Mr. Speaker Williams -- 46


                                                  CHAIR TO SPEAKER

       Mr. Speaker Williams resumed the Chair.


                            BEFORE THE BUDGET CALENDAR, CONTINUED

       After further debate, Rep. McCormick moved the previous question on Amendment No.
2, which motion prevailed.

       On motion, Amendment No. 2 was adopted by the following vote:

       Ayes ........................................................................................... 48
       Noes........................................................................................... 43

       Representatives voting aye were: Armstrong, Barker, Bone, Borchert, Brown, Camper,
Cobb T, Coleman, Cooper, Curtiss, DeBerry J, DeBerry L, Favors, Ferguson, Fincher, Fitzhugh,
Ford, Fraley, Gilmore, Hackworth, Hardaway, Harmon, Jones S, Jones U, Kernell, Litz, Maddox,
McDaniel, McDonald, Moore, Naifeh, Odom, Pitts, Pruitt, Ramsey, Richardson, Roach, Shaw,
Shepard, Sontany, Stewart, Tindell, Towns, Turner J, Turner M, Winningham, Yokley, Mr.
Speaker Williams -- 48

       Representatives voting no were: Bell, Brooks H, Brooks K, Campfield, Carr, Casada,
Cobb J, Dean, Dennis, Dunn, Eldridge, Evans, Faulkner, Floyd, Halford, Harrison, Harwell,
Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Lollar, Lundberg, Lynn, Maggart, Marsh,
Matheny, Matlock, McCord, McCormick, McManus, Montgomery, Mumpower, Niceley, Rowland,
Shipley, Swafford, Todd, Watson, Weaver, White -- 43


                                                               5213
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


      Rep. Rowland moved adoption of Amendment No. 3 as follows:

                                                         Amendment No. 3

            AMEND Senate Bill No. 2616 by adding the following as a new section
      immediately preceding the severability clause section and by renumbering the
      subsequent section accordingly:

                           SECTION ___.

                                  (a) The Tennessee department of transportation is required to
                           expend state industrial access road funds appropriated or available to it in
                           the execution of TDOT contract 070110, PIN 109221.00, executed on
                           7/23/07.

                                  (b) The department shall, for the purpose of fulfilling the obligation
                           of such contract, convert the following land from controlled to uncontrolled
                           access right of way:

                                              Beginning at a capped rebar set in the Eastern boundary
                                      of the right-of-way of Interstate 24 at the Northeast corner of the
                                      herein described easement, said point being further described as
                                      being in the Western boundary of the tract described in Deed
                                      Book 487, Page 1230 and being located South 32 degrees 09
                                      minutes 13 seconds East, 71.95 feet from a concrete monument
                                      found, Thence from the point of beginning with the right-of-way of
                                      Interstate 24 and the tract described in Deed book 528, Page 202
                                      boundary line South 32 degrees 09 minutes 13 seconds East,
                                      549.44 feet to a capped rebar set, thence leaving said right-of-way
                                      South 57 degrees 50 minutes 47 seconds West, 50.00 feet to a
                                      capped rebar set, North 32 degrees 09 minutes 13 seconds East,
                                      550.09 feet to a capped rebar set, North 58 degrees 35 minutes
                                      37 seconds East, 50.00 feet to the point of beginning, said
                                      easement contains 0.63 acres more or less as surveyed.

                                   (c) The state of Tennessee shall hold legal title to the property, but
                           is authorized and empowered to assign the actual custody and control of
                           the property to Rutherford County, Tennessee. Such entity shall have the
                           right to operate and manage the property on behalf of the Tennessee for
                           the benefit of the general public, and to keep the property and
                           improvements in a high state of improvement and repair, and to operate
                           and maintain the grounds improved by the Tennessee department of
                           transportation in a manner consistent with such guidelines as may be
                           developed by the Tennessee department of transportation, or as the
                           Tennessee department of transportation shall contract with such entity.

        Rep. Harmon moved that Amendment No. 3 be tabled, which motion prevailed by the
following vote:

      Ayes ........................................................................................... 48
      Noes........................................................................................... 40


                                                              5214
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


        Representatives voting aye were: Armstrong, Barker, Bone, Borchert, Brown, Camper,
Campfield, Cobb T, Coleman, Cooper, Curtiss, DeBerry J, DeBerry L, Favors, Ferguson,
Fincher, Fitzhugh, Ford, Fraley, Gilmore, Hackworth, Hardaway, Harmon, Harwell, Jones S,
Jones U, Kernell, Litz, Lundberg, Maddox, McDaniel, McDonald, Moore, Naifeh, Odom, Pitts,
Pruitt, Ramsey, Roach, Shaw, Shepard, Sontany, Stewart, Swafford, Towns, Turner J,
Winningham, Yokley -- 48

      Representatives voting no were: Bell, Brooks H, Carr, Casada, Cobb J, Dean, Dennis,
Dunn, Eldridge, Evans, Faulkner, Floyd, Halford, Harrison, Hawk, Haynes, Hensley, Hill,
Johnson C, Johnson P, Lollar, Lynn, Maggart, Marsh, Matheny, Matlock, McCord, McCormick,
McManus, Montgomery, Mumpower, Niceley, Rowland, Sargent, Shipley, Todd, Turner M,
Watson, White, Mr. Speaker Williams -- 40

       Rep. Litz moved the previous question, which motion prevailed.

        Rep. Fitzhugh moved that Senate Bill No. 2616, as amended, be passed on third and
final consideration, which motion prevailed by the following vote:

       Ayes ........................................................................................... 85
       Noes............................................................................................. 6

        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Brown, Camper, Casada, Cobb J, Cobb T, Coleman, Cooper, Curtiss, Dean,
DeBerry J, DeBerry L, Eldridge, Faulkner, Favors, Ferguson, Fincher, Fitzhugh, Ford, Fraley,
Gilmore, Hackworth, Halford, Hardaway, Harmon, Harrison, Harwell, Hawk, Haynes, Hensley,
Hill, Johnson C, Johnson P, Jones S, Jones U, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox,
Maggart, Marsh, Matheny, McCord, McCormick, McDaniel, McDonald, McManus, Montgomery,
Moore, Mumpower, Naifeh, Niceley, Odom, Pitts, Pruitt, Ramsey, Richardson, Roach, Sargent,
Shaw, Shepard, Shipley, Sontany, Stewart, Swafford, Tidwell, Tindell, Todd, Turner J, Turner M,
Watson, Weaver, White, Winningham, Yokley, Mr. Speaker Williams -- 85

       Representatives voting no were: Campfield, Carr, Dunn, Evans, Floyd, Matlock -- 6

       A motion to reconsider was tabled.


                                                  CHAIR TO DEBERRY

       Mr. Speaker Williams relinquished the Chair to Rep. DeBerry, Speaker pro tempore.


                                                  ORDER OF THE DAY

       Without objection, the House then proceeded to take up the Special Budget Calendar.


                                          SPECIAL BUDGET CALENDAR

                                                     SPECIAL ORDER

       Rep. Odom moved to take up House Bill No. 3926 at this time. Without objection it was
so ordered.




                                                               5215
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                 SPECIAL BUDGET CALENDAR, CONTINUED

       *House Bill No. 3926 -- Budget Procedures - As introduced, authorizes the index of
appropriations from state tax revenues for the 2010-2011 fiscal year to exceed the index of
estimated growth in the state’s economy by $11.5 million or 0.1 percent. by *Fitzhugh. (SB3917
by *Kyle, *Henry)

      On motion, House Bill No. 3926 was made to conform with Senate Bill No. 3917; the
Senate Bill was substituted for the House Bill.

       Rep. Fitzhugh moved that Senate Bill No. 3917 be passed on third and final
consideration.

         On motion, Rep. Sargent withdrew Finance, Ways and Means Committee Amendment
No. 1.

       Rep. Fitzhugh moved that Senate Bill No. 3917 be passed on third and final
consideration, which motion prevailed by the following vote:

         Ayes ........................................................................................... 82
         Noes........................................................................................... 10

       Representatives voting aye were: Armstrong, Barker, Bass, Bone, Borchert, Brooks H,
Brooks K, Brown, Camper, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper, Curtiss, Dean,
DeBerry J, DeBerry L, Eldridge, Faulkner, Favors, Ferguson, Fincher, Fitzhugh, Floyd, Ford,
Fraley, Gilmore, Hackworth, Halford, Hardaway, Harmon, Harrison, Hawk, Hill, Johnson C,
Johnson P, Jones S, Jones U, Litz, Lollar, Lundberg, Maddox, Marsh, Matheny, McCord,
McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh, Niceley,
Odom, Pitts, Pruitt, Ramsey, Richardson, Roach, Rowland, Sargent, Shaw, Shepard, Shipley,
Sontany, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson,
Weaver, White, Winningham, Yokley, Mr. Speaker Williams -- 82

      Representatives voting no were: Bell, Campfield, Dunn, Evans, Harwell, Haynes,
Hensley, Lynn, Maggart, Matlock -- 10

         A motion to reconsider was tabled.


                                                       SPECIAL ORDER

      Rep. Odom moved that the House take up item number 3 on the Special Budget
Calendar, House Bill No. 3928, out of order. Without objection it was so ordered.

                                 SPECIAL BUDGET CALENDAR, CONTINUED

       *House Bill No. 3928 -- Appropriations - As introduced, makes appropriations for fiscal
years 2009-2010 and 2010-2011. by *Fitzhugh. (SB3919 by *Kyle, *Henry)

      On motion, House Bill No. 3928 was made to conform with Senate Bill No. 3919; the
Senate Bill was substituted for the House Bill.

       Rep. Fitzhugh moved that Senate Bill No. 3919 be passed on third and final
consideration.



                                                                 5216
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


       Rep. Sargent requested that Finance, Ways and Means Committee Amendment No. 1
be placed at the heel of the Amendments.

         On motion, Rep. Sargent withdrew Finance, Ways and Means Committee Amendment
No. 2.

         Rep. Carr moved that Amendment No. 3 be withdrawn, which motion prevailed.

         On motion, Rep. Sargent withdrew Finance, Ways and Means Committee Amendment
No. 1.

         Rep. Swafford moved the previous question, which motion prevailed.

       Rep. Fitzhugh moved that Senate Bill No. 3919 be passed on third and final
consideration, which motion prevailed by the following vote:

         Ayes ........................................................................................... 94
         Noes............................................................................................. 0

        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper,
Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors,
Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway,
Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S,
Jones U, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock,
McCord, McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh,
Niceley, Odom, Pitts, Pruitt, Ramsey, Richardson, Roach, Rowland, Sargent, Shaw, Shepard,
Shipley, Sontany, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M,
Watson, Weaver, White, Winningham, Yokley, Mr. Speaker Williams -- 94

         A motion to reconsider was tabled.


                                                    CHAIR TO SPEAKER

         Mr. Speaker Williams resumed the Chair.


                                                    CHAIR TO DEBERRY

         Mr. Speaker Williams relinquished the Chair to Rep. DeBerry, Speaker pro tempore.


                                                       SPECIAL ORDER

[The Clerk noted that House Bill No. 3925 appeared as Item 1 on the Special Budget Calendar]

       Rep. Odom moved to take up House Bill No. 3925 at this time. Without objection it was
so ordered.




                                                                 5217
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                 SPECIAL BUDGET CALENDAR, CONTINUED

       *House Bill No. 3925 -- Bond Issues - As introduced, authorizes issuance of bonds to
fund state projects. by *Fitzhugh. (SB3916 by *Kyle, *Henry)

      On motion, House Bill No. 3925 was made to conform with Senate Bill No. 3916; the
Senate Bill was substituted for the House Bill.

       Rep. Fitzhugh moved that Senate Bill No. 3916 be passed on third and final
consideration.

         On motion, Rep. Sargent withdrew Finance, Ways and Means Committee Amendment
No. 1.

         Rep. McCord moved the previous question, which motion prevailed.

       Rep. Fitzhugh moved that Senate Bill No. 3916 be passed on third and final
consideration, which motion prevailed by the following vote:

         Ayes ........................................................................................... 92
         Noes............................................................................................. 1

        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper,
Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Faulkner, Favors, Ferguson,
Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway, Harmon,
Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S, Jones U,
Kernell, Litz, Lollar, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock, McCord, McCormick,
McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh, Niceley, Odom, Pitts,
Pruitt, Ramsey, Richardson, Roach, Rowland, Sargent, Shaw, Shepard, Shipley, Sontany,
Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White,
Winningham, Yokley, Mr. Speaker Williams -- 92

         Representatives voting no were: Evans -- 1

         A motion to reconsider was tabled.


                                                       RECESS MOTION

         On motion of Rep. Odom, the House stood in recess until 3:30 p.m., today.


                                                     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 Bill No. 670:               Rep(s). K. Brooks as prime sponsor(s).




                                                                 5218
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


       House Bill No. 1244:    Rep(s). Stewart, T. Cobb, Dean, Naifeh, Lollar, Shipley, Carr,
Lynn, Evans and Maggart as prime sponsor(s).

     House Bill No. 1911: Rep(s). Weaver, Naifeh, Evans, Hardaway, Fincher, P. Johnson,
Camper, Campfield, Moore, Todd and K. Brooks as prime sponsor(s).

       House Bill No. 2052:   Rep(s). Campfield and Eldridge as prime sponsor(s).

      House Bill No. 2765:        Rep(s). Weaver, Dean, Campfield, Hensley, Hardaway,
Maggart, Camper, Moore, Sontany, Eldridge and Stewart as prime sponsor(s).

       House Bill No. 3474:       Rep(s). Lollar, McManus, J. DeBerry, Camper, L. DeBerry,
Richardson, J. Turner, U. Jones, Towns, Cooper and White as prime sponsor(s).

       House Bill No. 3475:   Rep(s). Lynn as prime sponsor(s).

        House Bill No. 3479:    Rep(s). K. Brooks, Armstrong, Camper, McCormick, Dean,
Tindell, Faulkner, Gilmore, Brown, Campfield, Fitzhugh, Bone and H. Brooks as prime
sponsor(s).

       House Bill No. 3659:   Rep(s). Dean as prime sponsor(s).


                                    ENGROSSED BILLS
                                       June 4, 2010

       MR. SPEAKER: The following bills have been examined, engrossed and are ready for
transmission to the Senate: House Bills Nos. 183, 2044, 2474, 2822 and 3114; also House
Joint Resolution No. 798;

                                              BETTY KAY FRANCIS, Chief Engrossing Clerk.

                              MESSAGE FROM THE SENATE
                                    June 4, 2010

       MR. SPEAKER: I am directed to transmit to the House, Senate Bill No. 3551; passed by
the Senate.

                                                      RUSSELL A. HUMPHREY, Chief Clerk.

        Senate Bill No. 3551 -- Public Records - As introduced, adds two law enforcement
members to the advisory committee on open government from the Tennessee sheriffs'
association and the Tennessee association of chiefs of police. Amends TCA Title 8, Chapter 4,
Part 6 and Title 10, Chapter 7. by *Ketron. (*HB3634 by *Todd, *Montgomery)

                                    ENGROSSED BILLS
                                       June 4, 2010

       MR. SPEAKER: The following bills have been examined, engrossed and are ready for
transmission to the Senate: House Bills Nos. 3142 and 3169.

                                              BETTY KAY FRANCIS, Chief Engrossing Clerk.




                                            5219
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                                     QUORUM CALL

       A quorum call was taken with the following results:

       Present....................................................................................... 77

        Representatives present were Barker, Bell, Bone, Borchert, Brooks H, Brooks K, Brown,
Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Curtiss, Dean, DeBerry L, Dunn,
Eldridge, Evans, Faulkner, Favors, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth,
Halford, Harmon, Harrison, Harwell, Hawk, Haynes, Hill, Johnson C, Johnson P, Jones S,
Kernell, Litz, Lollar, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock, McCord, McDaniel,
McDonald, Montgomery, Moore, Mumpower, Naifeh, Niceley, Odom, Pitts, Ramsey,
Richardson, Rowland, Sargent, Shaw, Shipley, Sontany, Stewart, Swafford, Tidwell, Tindell,
Todd, Turner M, Watson, Weaver, White, Winningham, Yokley, Mr. Speaker Williams -- 77


                                                   RECESS EXPIRED

       The recess having expired, the House was called to order by Mr. Speaker Williams.


                                          ROLL CALL DISPENSED WITH

       On motion of Rep. Odom, the roll call was dispensed with.


                                                 RULES SUSPENDED

        On motion of Rep. Odom, Rule No. 35, which requires the distribution of other papers to
the desks of the members to reflect the name of the requesting member, was suspended for the
specific purpose to distribute the pamphlet Tennessee Civil War Trails at the request of Rep.
McDaniel.

       Without objection, it was so ordered.


                                                 ORDER OF THE DAY

       Thereupon, the House proceeded with the order of the day as follows:


                                     REGULAR CALENDAR, CONTINUED

        *House Bill No. 3142 -- Domestic Violence - As introduced, increases the civil penalty
for violating an order of protection from $50.00 to $500. Amends TCA Section 36-3-610. by
*Bell, *Haynes, *Jones S, *Fincher, *McCord, *Dunn, *Hackworth, *McCormick, *Towns,
*Casada, *Hardaway, *Bass, *Watson, *Evans. (SB3100 by *Marrero B, *Stewart)

       Further consideration of House Bill No. 3142 previously considered on today’s Regular
Calendar at which time the House withdrew Amendment(s) No(s). 1, placed Amendment(s)
No(s). 2 at the heel of the Amendments and was on the motion to adopt Amendment(s) No(s).
3.

       Rep. Bell moved that House Bill No. 3142 be passed on third and final consideration.


                                                              5220
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


     Rep. Bell moved adoption of Amendment No. 3 as follows:

                                      Amendment No. 3

            AMEND House Bill No. 3142 by deleting all of the language after the enacting
     clause and by substituting instead the following:

                  SECTION 1. Tennessee Code Annotated, Section 36-3-610, is amended
           by designating the existing language of subsection (b) as subdivision (1) and by
           adding the following language as new subdivisions thereto:

                          (2) The judge upon finding a violation of an order of protection or a
                  court-approved consent order shall require a bond of the respondent until
                  such time as the order of protection expires. Such bond shall not be less
                  than two thousand five hundred dollars ($2,500) and shall be payable
                  upon forfeit as provided . Bond shall be set at whatever the court
                  determines is necessary to reasonably assure the safety of the petitioner
                  as required. Any respondent for whom bond has been set may deposit
                  with the clerk of the court before which the proceeding is pending a sum
                  of money in cash equal to the amount of the bond. The clerk of the court
                  may deposit funds received in lieu of bonds, or any funds received from
                  the forfeiture of bonds, in an interest bearing account. Any interest
                  received from such accounts shall be payable to the office of the clerk.
                  Failure to comply with this subsection (b) may be punished by the court
                  as a contempt of court as provided in title 29, chapter 9.

                          (3) If a respondent posting bond under this subsection (b) does
                  not comply with the conditions of the bond, the court having jurisdiction
                  shall enter an order declaring the bond to be forfeited. Notice of the order
                  or forfeiture shall be mailed forthwith by the clerk to the respondent at the
                  respondent's last known address. If the respondent does not within thirty
                  (30) days from the date of the forfeiture satisfy the court that compliance
                  with the conditions of the bond was met, the court shall enter judgment for
                  the state against the defendant for the amount of the bond and costs of
                  the court proceedings. The judgment and costs may be enforced and
                  collected in the same manner as a judgment entered into a civil action.

                        (4) Nothing in this section shall be construed to limit or affect any
                  remedy in effect on the effective date of this act.

                  SECTION 2. Tennessee Code Annotated, Section 36-3-610, is amended
           by adding a new subsection thereto, as follows:

                          (d) The proceeds of a judgment for the amount of the bond
                  pursuant to this section shall be paid quarterly to the administrative office
                  of the courts. The quarterly payments shall be due on the fifteenth day of
                  the fourth month of the year; the fifteenth day of the sixth month; the
                  fifteenth day of the ninth month; and on the fifteenth day of the first month
                  of the next succeeding year. The proceeds shall be allocated equally on
                  an annual basis as follows:



                                          5221
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                               (1) To provide legal representation to low-income
                                       Tennesseans in civil matters in such manner as determined by the
                                       supreme court as described in § 16-3-808(c); provided, that one-
                                       fourth (¼) of such funds shall be allocated to an appropriate
                                       statewide nonprofit organization capable of providing continuing
                                       legal education, technology support, planning assistance,
                                       resource development and other support to organizations
                                       delivering civil legal representation to indigents. The remainder
                                       shall be distributed to organizations delivering direct assistance to
                                       clients with Legal Services Corporation funding as referenced in
                                       the Tennessee State Plan for Civil Legal Justice approved in
                                       March, 2001, by the Legal Services Corporation;

                                              (2) To the domestic violence state coordinating council,
                                       created by title 38, chapter 12, part 1;

                                              (3) To the Tennessee Court Appointed Special Advocates
                                       Association (CASA); and

                                                  (4) To Childhelp.

                         SECTION 3. This act shall take effect July 1, 2010, the public welfare
                 requiring it.

       On motion, Amendment No. 3 was adopted.

       On motion, Rep. Fitzhugh withdrew Finance, Ways and Means Committee Amendment
No. 1 as House Amendment No. 2.

       Rep. Bell moved that House Bill No. 3142, as amended, be passed on third and final
consideration, which motion prevailed by the following vote:

       Ayes ........................................................................................... 88
       Noes............................................................................................. 0

        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper,
Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Ferguson,
Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Harmon, Harrison, Harwell,
Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S, Jones U, Kernell, Litz, Lollar,
Lynn, Maddox, Maggart, Marsh, Matheny, Matlock, McCord, McCormick, McDaniel, McDonald,
McManus, Montgomery, Moore, Mumpower, Naifeh, Niceley, Odom, Pitts, Pruitt, Ramsey,
Richardson, Rowland, Sargent, Shaw, Shipley, Sontany, Stewart, Swafford, Tidwell, Tindell,
Todd, Towns, Turner M, Watson, Weaver, White, Winningham, Yokley, Mr. Speaker Williams --
88

       A motion to reconsider was tabled.




                                                               5222
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                           EXCUSED

       The Speaker announced that the following member(s) has/have been excused, pursuant
to request(s) under Rule No. 20:

       Representative Shepard; personal reasons.


                            REGULAR CALENDAR, CONTINUED

        *House Bill No. 3169 -- Taxes - As introduced, establishes an offset procedure for the
state to recover debts owed to the state from a person who is entitled to a state tax refund.
Amends TCA Title 9, Chapter 4; Title 18; Title 36, Chapter 5; Title 41, Chapter 21, Part 9; Title
49, Chapter 4; Title 50, Chapter 7; Title 67, Chapter 1 and Title 71, Chapter 5. by *Curtiss.
(SB3135 by *McNally, *Ketron)

       Rep. Curtiss moved that House Bill No. 3169 be passed on third and final consideration.

       Rep. Fitzhugh moved adoption of Finance, Ways and Means Committee Amendment
No. 1 as follows:

                                          Amendment No. 1

              AMEND House Bill No. 3169 by deleting all language after the enacting clause
       and by substituting instead the following:

                      SECTION 1.    Tennessee Code Annotated, Section 41-21-903, is
              amended by deleting subsection (b) in its entirety and by substituting instead the
              following:

                              (b) Upon being developed, the form shall be submitted to each
                      person who is an inmate as of the effective date of this act and to any
                      person who thereafter is sentenced to imprisonment under the jurisdiction
                      of the department. The form shall be periodically resubmitted to an inmate
                      by the department for purposes of obtaining current information regarding
                      assets of the inmate. The department shall establish through rule the
                      frequency with which such form shall be resubmitted.

                      SECTION 2. Tennessee Code Annotated, Section 67-1-801(b)(1), is
              amended by deleting the subdivision in its entirety and by substituting instead the
              following language:

                               When it is determined by administrative review that a person is
                      entitled to a refund or credit of any tax collected or administered by the
                      commissioner, and such person is not a debtor as defined in § 67-1-1808,
                      interest shall be added to the amount of refund or credit due, beginning
                      forty-five (45) days from the date the commissioner receives proper proof
                      to verify that the refund or credit is due and payable. In the case of a
                      taxpayer who is a debtor as defined in § 67-1-1808, when it is determined
                      by administrative review that such taxpayer is entitled to a refund or credit
                      of any tax collected or administered by the commissioner, interest shall
                      be added to the amount of refund or credit due, beginning ninety (90)
                      days from the date the commissioner receives proper proof to verify that
                      the refund or credit is due and payable.


                                              5223
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                SECTION 3. Tennessee Code Annotated, Section 67-1-801(b)(2), is
           amended by adding the following as a new, appropriately designated subdivision:

                         ( ) Ninety (90) days from the date of filing a claim for refund in the
                  case of a taxpayer who is a debtor as defined in § 67-1-1808.

                SECTION 4.        Tennessee Code Annotated, Section 67-1-1707, is
           amended by adding the following as a new, appropriately designated subsection:

                          ( ) The commissioner shall, without written request, provide tax
                  information to officers or employees of a claimant as defined in § 67-1-
                  1808, if such tax information is necessary to accomplish and effectuate
                  the purposes of § 67-1-1808. No officer or employee who receives tax
                  information under this subsection shall disclose such information to any
                  person other than the person to whom it relates, except as otherwise may
                  be authorized by law.

                   SECTION 5.    Tennessee Code Annotated, Section 67-1-1802, is
           amended by designating existing subdivision (a)(1) as subdivision (a)(1)(A), and
           further amended by adding the following language as a new subdivision
           (a)(1)(B):

                         (a)(1)(B)

                                 (i) Any taxpayer requesting a refund in the amount of two
                         hundred dollars ($200.00) or more shall complete and submit a
                         written report of debts owed to a claimant as defined in § 67-1-
                         1808 on a form prescribed by the commissioner to accompany the
                         claim for refund. If a debt is reported and if the claim for refund is
                         approved, any or all of the refund amount shall be subject to offset
                         to recover the amount of such debt, subject to the requirements of
                         § 67-1-1808. Any person who, with intent to deceive, provides
                         false information on such report commits the Class A
                         misdemeanor offense of perjury pursuant to § 39-16-702. Such
                         report shall state whether or not such person owes or does not
                         owe any of the following debts as of the date of the claim:

                                         (a) State tax liabilities;

                                         (b) Child support;

                                         (c) Overpayment of unemployment compensation
                                 benefits;

                                        (d) Overpayment of medical assistance benefits
                                 owed the bureau of TennCare;

                                       (e) Student loan or other obligation due to the
                                 Tennessee student assistance corporation;




                                          5224
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                     (f) Fees, costs or restitution owed to a clerk who
                              serves a court of criminal jurisdiction;

                                      (g) Costs of incarceration;

                                     (h) Judgments or liens in favor of a state agency,
                              department, commission, or bureau;

                              (i) All other debts owed to any other claimant.

                                (ii) Each of the debts in subdivision (a)(1)(B)(i) that are
                       listed in the report shall be preceded by the words "Yes" and "No"
                       and a taxpayer shall make a cross mark (X) or other similar mark
                       opposite the debt the taxpayer owes or does not owe. If a
                       taxpayer marks "Yes" for any such debt, the taxpayer shall attach
                       documentation identifying the claimant to whom the debt is owed
                       and the outstanding balance of the debt. The report shall clearly
                       state in bold face type that a person who, with intent to deceive,
                       provides false information on the report is guilty of the Class A
                       misdemeanor offense of perjury. The report required by this
                       subdivision (a)(1)(B) shall be made on a paper writing in
                       substantially the following form:

                              REPORT OF DEBTS

                                      Pursuant to Tennessee Code Annotated Sections
                              67-1-1802 and 67-1-1808, if you are seeking a refund of
                              $200.00 or more you are required to complete and attach
                              this report to your claim for refund. Make a "X" in the "Yes"
                              box if you owe any of the debts listed below to any state
                              agency, department, bureau, commission or other state
                              authority ("claimant").

                                     For each debt that you report, attach
                              documentation identifying the claimant to whom you owe
                              the debt and the outstanding balance of such debt as of
                              the date you submit the refund claim. If your refund claim
                              is approved, any or all of your refund payment will be
                              subject to offset and reduced by the amount of any debt
                              owed.

                                     If you do not owe any of the debts listed below to a
                              claimant, make a "X" in the "No" box. After completion,
                              please read the paragraphs below and provide a signature
                              and date on the lines provided.

                                     Any person who, with intent to deceive,
                              provides false information on this report is guilty of
                              the Class A misdemeanor offense of perjury.

                                      Yes ___ No ___ State tax liabilities;


                                       5225
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                         Yes ___ No ___ Child support;

                                         Yes ___ No ___ Overpayment of unemployment
                                                        compensation benefits;

                                         Yes ___ No ___ Overpayment of medical
                                                        assistance benefits owed the
                                                        bureau of TennCare;

                                         Yes ___ No ___ Student loan or other obligation
                                                        due to the Tennessee student
                                                        assistance corporation;

                                         Yes ___ No ___ Fees, costs or restitution owed to
                                                        a clerk who serves a court of
                                                        criminal jurisdiction;

                                         Yes ___ No ___ Costs of incarceration;

                                         Yes ___ No ___ Judgments or liens in favor of a
                                                        state agency, department,
                                                        commission, or bureau;

                                         Yes ___ No ___ Any other debt owed to any other
                                                        claimant.

                                         I certify that the foregoing report is true and
                                 correct to the best of my knowledge and
                                 understanding. I further acknowledge that providing
                                 false information on this report constitutes the offense
                                 of perjury under Tennessee Code Annotated Section
                                 39-16-702 and is punishable under the laws of the state
                                 of Tennessee.

                                       Signature of Taxpayer, Officer or Authorized
                                 Representative:

                                         __________________________

                                         Date: _____________________

                   SECTION 6. Tennessee Code Annotated, Section 67-1-1802(c)(1)(C), is
           amended by deleting the subdivision in its entirety and by substituting instead the
           following language:

                          (C) The chancery court shall conduct a de novo trial of the suit;
                  provided that, the court shall have no jurisdiction in cases in which the
                  issue is the existence, continued existence, or amount of a debt set off
                  against a tax refund. The remedies established in § 67-1-1808 are a
                  taxpayer's sole and exclusive remedies to challenge the existence,
                  continued existence, or amount of a debt set off against a tax refund.


                                          5226
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                SECTION 7. Tennessee Code Annotated, Title 67, Chapter 1, Part 18, is
           amended by adding the following as a new section:

                        Section 67-1-1808.

                               (a) As used in this section, unless the context otherwise
                        requires:

                                       (1) "Claimant" means any state agency,
                               department, board, bureau, commission, or authority to
                               which a taxpayer owes any debt listed in subsection (d) or
                               that acts on behalf of an person to collect such debt. Such
                               term may also include a clerk who serves a court of
                               criminal jurisdiction, if the clerk has determined to
                               participate in the offset provisions of this section;

                                      (2) "Debt" means any money, unpaid account, or
                               sum due and owing any claimant by a taxpayer, or any
                               money, unpaid account, or sum that is due and owing any
                               person and is legally enforceable by the claimant;

                                       (3) "Debtor" means an person owing a debt to a
                               claimant and who files a claim for a tax refund, subject to
                               the further requirements of this section;

                                       (4) "Offset" or "set off" means the application of all
                               or part of a taxpayer's refund of taxes to pay a taxpayer's
                               debt owed to a claimant; and

                                      (5) "Person" or "taxpayer" means every individual,
                               firm, partnership, joint venture, association, corporation,
                               limited liability company, cooperative, trust, regulated
                               investment company, receiver, and syndicate.

                                (b) Whenever a taxpayer has, on the date of payment, paid
                        taxes in error or paid taxes against any statute, rule, regulation or
                        clause of the constitution of the state or of the United States, and
                        is due a refund pursuant to this part, and the taxpayer reports to
                        be a debtor in the manner provided by § 67-1-1802(a)(1)(B)(ii), the
                        commissioner shall offset the taxpayer’s refund of taxes by the
                        amount of the debt as provided in this section.

                                (c) This section shall apply to any claim for refund of state
                        taxes filed by any taxpayer in the amount of two hundred dollars
                        ($200.00) or more. A tax refund shall not be offset to pay the debt
                        of any person who is not the taxpayer due the refund. Whenever
                        a claim for refund is filed by two (2) or more persons, who were
                        jointly and severally liable for the taxes paid, the entire refund
                        amount shall be subject to offset to pay the debt or debts of one
                        (1) or more of the taxpayers.



                                        5227
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                (d) The following debts shall be used to offset a refund of
                       taxes:

                                       (1) State tax liabilities due pursuant to this title;

                                         (2) Child support due pursuant to title 36, chapters
                                2, 5, or 6, or pursuant to title 37, chapter 1;

                                     (3) Amounts owed to the unemployment
                                compensation fund pursuant to title 50, chapter 7;

                                         (4) Obligations owing to the bureau of TennCare for
                                overpayment of medical assistance benefits pursuant to
                                title 71, chapter 5;

                                       (5) Student loan or other obligation due to the
                                Tennessee student assistance corporation pursuant to title
                                49, chapter 4;

                                      (6) Fees, costs or restitution collected by a clerk
                                who serves a court of criminal jurisdiction, if reported
                                pursuant to subsection (f);

                                       (7) Costs of incarceration due pursuant to title 41,
                                chapter 21, part 9;

                                       (8) Judgments and liens in favor of a claimant; and

                                       (9) All other debts owed to any other claimant.

                              (e) In the event that a taxpayer owes debts to several
                       claimants, priority of set off against any refund shall be as follows:

                                       (1) State tax liabilities;

                                       (2) Child support;

                                       (3) Judgments and liens in favor of a claimant in
                                order of the date entered or perfected; and

                                        (4) All other debts owed to any other claimant in the
                                order in which the debt was incurred.

                                (f)

                                        (1) When a taxpayer reports that any debt is owed
                                to a claimant in the manner provided by § 67-1-
                                1802(a)(1)(B)(ii), and if the commissioner determines such
                                taxpayer is entitled to a refund, then the commissioner
                                shall notify the treasurer and each claimant identified in the
                                documentation accompanying the claim for refund of the
                                department's intent to issue a refund. Such notification
                                shall also include:



                                        5228
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                            (A) The name and address of the taxpayer;

                                            (B) The original tax refund amount;

                                            (C) The proposed offset amount; and

                                            (D) The proposed net tax refund amount.

                                     (2) The notification to the treasurer may include
                             any other information that would assist the treasurer in
                             determining whether the taxpayer may be the owner of
                             unclaimed property held in trust on the owner's behalf.
                             Following receipt of the notification, the treasurer shall
                             verify to the department whether or not the taxpayer is the
                             owner of unclaimed property. The amount of the debt
                             owing to a claimant shall be set off against the amount of
                             the unclaimed property otherwise due the taxpayer.

                                      (3) Following receipt of the notification provided in
                             subdivision (f)(1) and prior to an offset of a tax refund, a
                             claimant shall provide written notice to the debtor, and to
                             the commissioner of revenue, of the claimant's intent to set
                             off all or part of the tax refund to pay the debt. Such notice
                             shall set forth the:

                                            (A) Original tax refund amount;

                                            (B) Proposed offset amount;

                                            (C) Proposed net tax refund amount;

                                            (D) Basis for a claim to the debt and set off;

                                            (E) Taxpayer's right to appeal the proposed
                                    offset as provided in subsection (g); and

                                            (F) A toll-free telephone number or other
                                    contact information which the debtor may use in
                                    obtaining information from the claimant concerning
                                    the debt and the proposed offset action.

                             (g)

                                     (1)(A) If any debt has been previously determined
                             to exist and to be due and owing as a result of a final order
                             issued pursuant to title 4, chapter 5, or a judgment entered
                             by any court of record, then a debtor shall be afforded an
                             opportunity for a hearing to determine the continued
                             existence of the debt and whether it remains outstanding.
                             No hearing shall be conducted as provided in this
                             subdivision unless the time limits for appealing any prior
                             final order or judgment have expired as provided by law.




                                     5229
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                            (B) Any debtor who desires a hearing shall
                                    submit to the department of revenue a written
                                    request for a hearing within twenty (20) days of
                                    receipt of the notice provided in subdivision (f)(3).
                                    If a hearing is requested, then it shall be held by the
                                    commissioner of revenue or the commissioner's
                                    designee as provided in the Uniform Administrative
                                    Procedures Act, compiled in title 4, chapter 5. The
                                    commissioner may request that an administrative
                                    judge or hearing officer employed in the office of
                                    the secretary of state conduct the hearing as
                                    provided in the Uniform Administrative Procedures
                                    Act, compiled in title 4, chapter 5.

                                     (2)

                                            (A) If any debt has not been determined to
                                    exist, or to be due and owing as a result of a prior
                                    final order or judgment, as provided in subdivision
                                    (g)(1)(A), then a debtor shall be afforded an
                                    opportunity for a hearing, in accordance with
                                    subdivision (g)(2)(B), to determine the existence of
                                    the debt, and if so, whether the claimed debt
                                    asserted as due and owing is correct.

                                            (B) Any debtor who desires a hearing shall
                                    submit to the claimant a written request for a
                                    hearing within twenty (20) days of receipt of the
                                    notice provided in subdivision (f)(3). The claimant
                                    shall notify the department of revenue as to
                                    whether the taxpayer filed a timely request for
                                    hearing upon the expiration of the twenty-day
                                    period for filing such request or receipt of a request
                                    for a hearing. If a hearing is requested, then it shall
                                    be held by the claimant or the claimant's designee
                                    as provided in the Uniform Administrative
                                    Procedures Act, compiled in title 4, chapter 5. If the
                                    amount due is incorrect, a proper adjustment shall
                                    be made. After entry of a final order following any
                                    hearing, the claimant shall send a copy of the final
                                    order to the commissioner of revenue.

                                     (3) All final orders issued pursuant to title 4, chapter
                             5, as provided in subdivision (g)(1) or (2), shall set forth the
                             amount owed by the taxpayer to the claimant that is
                             subject to set off.

                             (h)




                                      5230
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                     (1) The commissioner of revenue shall set off the
                             appropriate amount of a debt against the tax refund if a
                             taxpayer fails to file a timely request for a hearing, or upon
                             receipt of a final order, or as soon thereafter as practicable.
                             Any portion of a tax refund remaining after the offset shall
                             be refunded or credited to a taxpayer, as requested in the
                             claim for refund. The commissioner shall ensure that the
                             appropriate amount of the refund subject to set off is used
                             to satisfy any debts owed by the taxpayer.

                                    (2) The commissioner of revenue shall notify the
                             taxpayer in writing and provide an accounting of the action
                             taken on any refund whenever the commissioner sets off a
                             taxpayer’s refund pursuant to this section.

                                     (3) The commissioner of revenue may require a
                             claimant to pay a fee to reimburse the department of
                             revenue's costs of collecting the debt on behalf of a
                             claimant; provided, that the fee shall not exceed five
                             dollars ($5.00) per offset action.

                             (i)

                                     (1) On an annual basis, the department of revenue
                             shall submit to the following claimants a list of taxpayers
                             for the previous year who filed claims for refunds and
                             received such refunds in the amount of $200.00 or more
                             and for which no debts were reported in accordance with §
                             67-1-1802(a)(1)(B)(i):

                                             (A) Department of human services;

                                           (B) Department of labor and workforce
                                    development;

                                             (C) Bureau of TennCare;

                                           (D)        Tennessee      student    assistance
                                    corporation;

                                             (E) Administrative office of the courts; and

                                             (F) Attorney general and reporter.

                                    (2) If any such claimant receiving such list has
                             information in its records verifying that a named taxpayer
                             owed a debt as of the date of the claim for refund, such
                             claimant shall notify the department of revenue of the
                             name of the debtor, the amount of the debt, and the date
                             on which the debt was incurred.



                                      5231
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                        The clerk who serves a court of criminal jurisdiction
                                shall notify the department if the clerk has determined to
                                participate in the offset provisions of this section.
                                Notwithstanding any other law to the contrary, the
                                department of revenue shall make an assessment against
                                the taxpayer to recover the amount of the debt that would
                                have otherwise been offset against the refund payment.
                                The procedures established in subsection (g) to challenge
                                a proposed offset shall be the sole and exclusive remedies
                                for challenging an assessment made pursuant to this
                                subsection; provided, that the debtor is provided
                                information in the notice of assessment about the
                                procedures for challenging such assessment and the
                                twenty-day period for requesting a hearing shall begin from
                                the date of the notice of assessment. Nothing in this
                                section shall require any state agency or its employees or
                                officers to violate strict standards of confidentiality set forth
                                in applicable federal or state law or regulations.

                                 (j) Notwithstanding title 67, chapter 1, part 17, or any other
                         provision of law prohibiting disclosure of a taxpayer's identity or
                         tax information, all information exchanged among the department
                         of revenue, the department of treasury, and any claimant
                         necessary to accomplish the purpose of this section is lawful.

                                 (k) The comptroller of the treasury shall undertake a
                         performance audit of the implementation and enforcement of this
                         act by the department of revenue commencing two (2) years after
                         the effective date of this act. The comptroller of the treasury shall
                         assess the effectiveness of the act including, but not limited to, the
                         efficiency of the administrative procedures established for notice
                         and hearing of appeals and the amount of revenue recovered
                         relative to the cost of implementation and maintenance. On or
                         before January 15, 2013, the comptroller of the treasury shall
                         report the comptroller's findings and recommendations to the
                         finance, ways, and means committees and the government
                         operations committees of the senate and the house of
                         representatives.

                   SECTION 8. Any claimant may promulgate rules to effectuate the
           provisions of this act relating to internal procedures for reporting debts and
           conducting administrative hearings. The department of revenue may promulgate
           such other rules to carry out the remaining provisions of this act.

                  SECTION 9. This act shall take effect on becoming a law, the public
           welfare requiring it, and shall apply to any claim for refund filed with the
           department of revenue on or after July 1, 2009, that has not been finally
           determined.




                                         5232
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


       On motion, Amendment No. 1 was adopted.

       Rep. Fitzhugh moved adoption of Finance, Ways and Means Committee Amendment
No. 2 as follows:

                                                          Amendment No. 2

            AMEND House Bill No. 3169 by deleting Section 6 of the bill as amended by
       amendment #01679877 and by substituting instead the following:

                         SECTION 6. Tennessee Code Annotated, Section 67-1-1802(c)(1), is
                 amended by deleting the subdivision in its entirety and by substituting instead the
                 following language:

                                    (c)(1) The chancery court shall conduct a de novo trial of the suit;
                            provided that, the court shall have no jurisdiction in cases in which the
                            issue is the existence, continued existence, or amount of a debt set off
                            against a tax refund, or in which the issue is the validity of an assessment
                            made pursuant to § 67-1-1808(i). The remedies established in § 67-1-
                            1808 are a taxpayer's sole and exclusive remedies to challenge the
                            existence, continued existence, or amount of a debt set off against a tax
                            refund, or to challenge the validity of an assessment made pursuant to §
                            67-1-1808(i).

       On motion, Finance, Ways and Means Committee Amendment No. 2 was adopted.

       Rep. Curtiss moved that House Bill No. 3169, as amended, be passed on third and final
consideration, which motion prevailed by the following vote:

       Ayes ........................................................................................... 90
       Noes............................................................................................. 0
       Present and not voting.................................................................. 1

        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper,
Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors,
Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway,
Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S,
Jones U, Kernell, Litz, Lollar, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock, McCord,
McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh, Niceley,
Odom, Pitts, Pruitt, Richardson, Roach, Rowland, Sargent, Shaw, Shipley, Sontany, Stewart,
Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson, White, Winningham,
Yokley, Mr. Speaker Williams -- 90

       Representatives present and not voting were: Weaver -- 1

       A motion to reconsider was tabled.




                                                               5233
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


       House Bill No. 1244 -- Sentencing - As introduced, requires adult convicted of
contributing to delinquency of a minor to serve 100 percent of Class A misdemeanor sentence,
which is 11 months and 29 days, if offense involved supplying substance to a minor that is
unlawful for minor to possess and minor engages in conduct that causes death of another.
Amends TCA Title 37, Chapter 1, Part 1. by *Curtiss, *Hardaway, *Towns. (*SB900 by *Burks,
*Marrero B)

      On motion, House Bill No. 1244 was made to conform with Senate Bill No. 900; the
Senate Bill was substituted for the House Bill.

       Rep. Curtiss moved that Senate Bill No. 900 be passed on third and final consideration.

       Rep. Fitzhugh moved adoption of Finance, Ways and Means Committee Amendment
No. 1 as follows:

                                                          Amendment No. 1

              AMEND Senate Bill No. 900 by deleting Section 2 in its entirety and substituting
       instead the following:

                         SECTION 2. This act shall take effect July 1, 2010, the public welfare
                 requiring it.

       On motion, Finance, Ways and Means Committee Amendment No. 1 was adopted.

       Rep. Curtiss moved adoption of Amendment No. 2 as follows:

                                                          Amendment No. 2

              AMEND Senate Bill No. 900 By inserting the following language as a new
       Section 1 and by renumbering subsequent sections accordingly:

                        SECTION 1. This act shall be known and may be cited as the "Markie
                 Voyles Act".

       On motion, Amendment No. 2 was adopted.

       Rep. Curtiss moved that Senate Bill No. 900, as amended, be passed on third and final
consideration, which motion prevailed by the following vote:

       Ayes ........................................................................................... 92
       Noes............................................................................................. 0

        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper,
Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors,
Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway,
Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S,
Jones U, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock,
McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh, Niceley,
Odom, Pitts, Pruitt, Ramsey, Richardson, Roach, Rowland, Sargent, Shaw, Shipley, Sontany,
Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White,
Winningham, Yokley, Mr. Speaker Williams -- 92



                                                               5234
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


       A motion to reconsider was tabled.


       House Bill No. 3659 -- Municipal Government - As introduced, authorizes municipal
governments to create an office of administrative hearing officer to hear building and property
maintenance code violations, and further describes such administrative proceedings. Amends
TCA Title 6, Chapter 54 and Title 66. by *Stewart. (*SB3428 by *Finney L)

      On motion, House Bill No. 3659 was made to conform with Senate Bill No. 3428; the
Senate Bill was substituted for the House Bill.

       Rep. Stewart moved that Senate Bill No. 3428 be passed on third and final
consideration.

       On motion, Rep. Coleman withdrew Judiciary Committee Amendment No. 1.

       Rep. Fitzhugh moved adoption of Finance, Ways and Means Committee Amendment
No. 1 as House Amendment No. 2 as follows:

                                            Amendment No. 2

              AMEND Senate Bill No. 3428 by deleting all language after the enacting clause
       and by substituting instead the following:

                     SECTION 1. Tennessee Code Annotated Title 6, Chapter 54, is amended
              by adding the following language as a new part:

                             § 6-54-1001.

                                     (a) Municipalities are authorized to create, by ordinance,
                             the office of administrative hearing officer to hear building and
                             property maintenance code violations.

                                    (b) Such authorizing ordinance must, at minimum, contain:

                                           (1) Reference to the municipal code sections
                                    subject to administrative jurisdiction; and

                                            (2) The number of administrative hearing officer
                                    positions created;

                                     (c) Two (2) or more municipalities may enter into an
                             interlocal agreement to employ one (1) or more administrative
                             hearing officers if so referenced in the adopting ordinance.

                                     (d) No provision in this part diminishes or terminates any
                             existing municipal power or authority.

                                    (e) For purposes of this part, “municipality” means any
                             incorporated town or city.



                                              5235
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                       § 6-54-1002.

                               (a) The administrative body has jurisdiction to hear cases
                       involving violations of municipal ordinances regulating building
                       and property maintenance, including:

                                      (1) Locally adopted building codes;

                                      (2) Locally adopted residential codes;

                                      (3) Locally adopted plumbing codes;

                                      (4) Locally adopted electrical codes;

                                      (5) Locally adopted gas codes;

                                      (6) Locally adopted mechanical codes;

                                      (7) Locally adopted energy codes;

                                      (8) Locally adopted property maintenance codes;
                              and

                                   (9) Ordinances regulating any subject matter
                              commonly found in the above mentioned codes.

                              (b) Administrative hearing officers are not authorized to
                       hear violations of codes adopted by the state fire marshal
                       pursuant to § 68-120-101(a) enforced by a deputy building
                       inspector pursuant to § 68-120-101(f).

                       § 6-54-1003.

                               (a) Unless required for the disposition of ex parte matters
                       specifically authorized by statute, an administrative hearing officer
                       presiding over a contested case proceeding may not
                       communicate, directly or indirectly, regarding any issue in the
                       proceeding, while the proceeding is pending, with any person
                       without notice and opportunity for all parties to participate in the
                       communication.

                                (b) Notwithstanding subsection (a), an administrative
                       hearing officer may communicate with municipal employees or
                       officials regarding a matter pending before the administrative body
                       or may receive aid from staff assistants, members of the staff of
                       the city attorney or a licensed attorney, if such persons do not
                       receive ex parte communications of a type that the administrative
                       hearing officer would be prohibited from receiving, and do not
                       furnish, augment, diminish or modify the evidence in the record.




                                       5236
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                               (c) Unless required for the disposition of ex parte matters
                       specifically authorized by statute, no party to a contested case,
                       and no other person may communicate, directly or indirectly, in
                       connection with any issue in that proceeding, while the proceeding
                       is pending, with any person serving as an administrative hearing
                       officer without notice and opportunity for all parties to participate in
                       the communication.

                              (d) If, before serving as an administrative hearing officer in
                       a contested case, a person receives an ex parte communication of
                       a type that may not properly be received while serving, the
                       person, promptly after starting to serve, shall disclose the
                       communication in the manner prescribed in subsection (e).

                                (e) An administrative hearing officer who receive an ex
                       parte communication in violation of this section shall place on the
                       record of the pending matter all written communications received,
                       all written responses to the communications, and a memorandum
                       stating the substance of all oral communications received, all
                       responses made, and the identity of each person from whom the
                       person received an ex parte communication, and shall advise all
                       parties that these matters have been placed on the record. Any
                       party desiring to rebut the ex parte communication shall be
                       allowed to do so, upon requesting the opportunity for rebuttal
                       within ten (10) business days after notice of the communication.

                       § 6-54-1004.

                              (a) Any party may participate in the hearing in person or, if
                       the party is a corporation or other artificial person, by a duly
                       authorized representative.

                              (b) Whether or not participating in person, any party may
                       be advised and represented at the party's own expense by
                       counsel or, unless prohibited by any provision of law, other
                       representative.

                       § 6-54-1005.

                              (a)

                                      (1) In any action set for hearing, the administrative
                              hearing officer, upon the administrative hearing officer's
                              own motion, or upon motion of one (1) of the parties or
                              such party's qualified representatives, may direct the
                              parties or the attorneys for the parties, or both, to appear
                              before the administrative hearing officer for a conference to
                              consider:

                                               (A) The simplification of issues;



                                        5237
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                            (B) The possibility of obtaining admissions
                                      of fact and of documents that will avoid
                                      unnecessary proof;

                                             (C) The       limitation   of   the   number   of
                                      witnesses; and

                                              (D) Such other matters as may aid in the
                                      disposition of the action.

                                      (2) The administrative hearing officer shall make an
                              order that recites the action taken at the conference, and
                              the agreements made by the parties as to any of the
                              matters considered, and that limits the issues for hearing to
                              those not disposed of by admissions or agreements of the
                              parties. Such order when entered controls the subsequent
                              course of the action, unless modified at the hearing to
                              prevent manifest injustice.

                              (b) Upon reasonable notice to all parties, the administrative
                       hearing officer may convene a hearing or convert a pre-hearing
                       conference to a hearing, to be conducted by the administrative
                       hearing officer sitting alone, to consider argument or evidence, or
                       both, on any question of law.

                               (c) In the discretion of the administrative hearing officer, all
                       or part of the prehearing conference may be conducted by
                       telephone, television or other electronic means, if each participant
                       in the conference has an opportunity to participate in, to hear, and,
                       if technically feasible, to see the entire proceeding while it is taking
                       place.

                              (d) If a pre-hearing conference is not held, the
                       administrative hearing officer may issue a pre-hearing order,
                       based on the pleadings, to regulate the conduct of the
                       proceedings.

                       § 6-54-1006.

                               (a) Each administrative hearing officer shall be appointed
                       by the local governing body for a four-year term and serve at the
                       pleasure of the appointing governing body. Such administrative
                       hearing officer may be reappointed.

                               (b) An administrative hearing officer shall be one (1) of the
                       following:

                                      (1) Licensed building inspector;

                                      (2) Licensed plumbing inspector;



                                        5238
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                      (3) Licensed electrical inspector;

                                      (4) Licensed attorney;

                                      (5) Licensed architect;

                                      (6) Licensed engineer; or

                              (b) A municipality may also contract with the Administrative
                       Procedures Division, Office of the Tennessee Secretary of State
                       to employ an Administrative Law Judge on a temporary basis to
                       serve as an administrative hearing officer. Such Administrative
                       Law Judge shall not be subject to the requirements of Subsections
                       6-54-1007 (a) and (b).

                       § 6-54-1007.

                               (a) Each person appointed to serve as an administrative
                       hearing officer shall, within the six-month period immediately
                       following the date of such appointment, participate in a program of
                       training conducted by the University of Tennessee’s Municipal
                       Technical Advisory Service, referred to in this part as MTAS.
                       MTAS shall issue a certificate of participation to each person
                       whose attendance is satisfactory. The curricula for the initial
                       training shall be developed by MTAS with input from the
                       administrative procedures division, office of the Tennessee
                       secretary of state. MTAS shall offer this program of training no
                       less than twice per calendar year.

                               (b) Each person actively serving as an administrative
                       hearing officer shall complete six (6) hours of continuing education
                       every calendar year. MTAS develop the continuing education
                       curricula and offer that curricula for credit no less than twice per
                       calendar year. The education required by this section shall be in
                       addition to any other continuing education requirements required
                       for other professional licenses held by the individuals licensed
                       under this part. No continuing education hours from one (1)
                       calendar year may be carried over to a subsequent calendar year.

                                (c) MTAS has the authority to set and enact appropriate
                       fees for the requirements of this section. A municipality shall bear
                       the cost of the fees for administrative hearing officers serving their
                       jurisdiction.

                             (d) Costs pursuant to this section shall be offset by fees
                       enacted.

                       § 6-54-1008.




                                       5239
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                              (a) Upon the issuance of a citation for violation of a
                       municipal ordinance referenced in the municipality’s administrative
                       hearing ordinance, the issuing officer shall provide written notice
                       of:

                                       (1) A short and plain statement of the matters
                              asserted. If the issuing officer is unable to state the matters
                              in detail at the time the citation is served, the initial notice
                              may be limited to a statement of the issues involved and
                              the ordinance violations alleged. Thereafter, upon timely,
                              written application a more definite and detailed statement
                              shall be furnished ten (10) business days prior to the time
                              set for the hearing;

                                     (2) A short and plain description of the
                              municipality’s administrative hearing process including
                              references to state and local statutory authority;

                                     (3) Contact information for the municipality’s
                              administrative hearing office; and

                                      (4) Time frame in which the hearing officer will
                              review the citation and determine the fine and remedial
                              period, if any.

                               (b) Citations issued for violations of ordinances referenced
                       in the municipality’s administrative hearing ordinance shall be
                       signed by the alleged violator at the time of issuance. If an alleged
                       violator refuses to sign, the issuing officer shall note the refusal
                       and attest to the alleged violator’s receipt of the citation. An
                       alleged violator’s signature on a citation is not admission of guilt.

                              (c) Citations issued upon absentee property owners may
                       be served via certified mail sent to the last known address of the
                       recorded owner of the property.

                              (d) Citations issued for violations of ordinances referenced
                       in the municipality’s administrative hearing ordinance shall be
                       transmitted to an administrative hearing officer within two (2)
                       business days of issuance.

                       § 6-54-1009.

                               (a) Upon receipt of a citation issued pursuant to § 6-54-
                       1008, an administrative hearing officer shall, within seven (7)
                       business days of receipt, review the appropriateness of an alleged
                       violation. Upon determining that a violation does exist, the hearing
                       officer has the authority to levy a fine upon the alleged violator in
                       accordance with this Section. Any fine levied by a hearing officer
                       must be reasonable based upon the totality of the circumstances.



                                       5240
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                                      (1) For violations occurring upon residential
                              property a hearing officer has the authority to levy a fine
                              upon the violator not to exceed five hundred dollars
                              ($500.00) per violation. For purposes of this Part,
                              “residential property” means a single family dwelling
                              principally used as the property owner’s primary residence
                              and the real property upon which it sits.

                                      (2) For violations occurring upon non-residential
                              property a hearing officer has the authority to levy a fine
                              upon the violator not to exceed five hundred dollars
                              ($500.00) per violation per day. For purposes of this Part
                              “non-residential property” means all real property,
                              structures, buildings and dwellings that are not residential
                              property.

                                (b) If a fine is levied pursuant to subsection (a), the hearing
                       officer shall set a reasonable period of time to allow the alleged
                       violator to remedy the violation alleged in the citation before the
                       fine is imposed. The remedial period shall be no less than ten (10)
                       nor greater than one hundred twenty (120) calendar days, except
                       where failure to remedy the alleged violation in less than ten (10)
                       calendar days would pose an imminent threat to the health, safety
                       or welfare of persons or property in the adjacent area.

                                (c) Upon the levy of a fine pursuant to subsection (a), the
                       hearing officer shall within seven (7) business days, provide via
                       certified mail notice to the alleged violator of:

                                    (1) The fine and remedial period established
                              pursuant to subsections (a) and (b);

                                     (2) A statement of the time, place, nature of the
                              hearing, and the right to be represented by counsel; and

                                       (3) A statement of the legal authority and
                              jurisdiction under which the hearing is to be held, including
                              a reference to the particular sections of the statutes and
                              rules involved.

                               (d) The date of the hearing shall be no less than thirty (30)
                       calendar days following the issuance of the citation. To confirm
                       the hearing, the alleged violator must make a written request for
                       the hearing to the hearing officer within seven (7) business days of
                       receipt of the notice required in subsection (c).

                                (e) If an alleged violator demonstrates to the issuing
                       officer’s satisfaction that the allegations contained in the citation
                       have been remedied to the issuing officer’s satisfaction, the fine
                       levied pursuant to subsection (a) shall not be imposed or if already
                       imposed cease; and the hearing date, if the hearing has not yet
                       occurred, shall be cancelled.




                                        5241
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                       § 6-54-1010.

                               (a) If a party fails to attend or participate in a pre-hearing
                       conference, hearing or other stage of a contested case, the
                       administrative hearing officer may hold the party in default and
                       either adjourn the proceedings or conduct them without the
                       participation of that party, having due regard for the interest of
                       justice and the orderly and prompt conduct of the proceedings.

                                (b) If the proceedings are conducted without the
                       participation of the party in default, the administrative hearing
                       officer shall include in the final order a written notice of default and
                       a written statement of the grounds for the default.

                       § 6-54-1011.

                             (a) The administrative hearing officer shall grant one (1) or
                       more petitions for intervention if:

                                      (1) The petition is submitted in writing to the
                              administrative hearing officer, with copies mailed to all
                              parties named in the notice of the hearing, at least seven
                              (7) business days before the hearing;

                                      (2) The petition states facts demonstrating that the
                              petitioner's legal rights, duties, privileges, immunities or
                              other legal interest may be determined in the proceeding
                              or that the petitioner qualifies as an intervenor under any
                              provision of law; and

                                     (3) The administrative hearing officer determines
                              that the interests of justice and the orderly and prompt
                              conduct of the proceedings shall not be impaired by
                              allowing the intervention.

                              (b) If a petitioner qualifies for intervention, the
                       administrative hearing officer may impose conditions upon the
                       intervenor's participation in the proceedings, either at the time that
                       intervention is granted or at any subsequent time. Conditions may
                       include:

                                      (1) Limiting the intervenor's participation to
                              designated issues in which the intervenor has a particular
                              interest demonstrated by the petition;

                                    (2) Limiting the intervenor's participation so as to
                              promote the orderly and prompt conduct of the
                              proceedings; and

                                    (3) Requiring two (2) or more intervenors to
                              combine their participation in the proceedings.


                                        5242
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                               (c) The administrative hearing officer, at least twenty-four
                       (24) hours before the hearing, shall render an order granting or
                       denying each pending petition for intervention, specifying any
                       conditions, and briefly stating the reasons for the order. The
                       administrative hearing officer may modify the order at any time,
                       stating the reasons for the modification. The administrative
                       hearing officer shall promptly give notice of an order granting,
                       denying or modifying intervention to the petitioner for intervention
                       and to all parties.

                       § 6-54-1012.

                                (a) The administrative hearing officer shall regulate the
                       course of the proceedings, in conformity with the pre-hearing
                       order if any.

                               (b) To the extent necessary for full disclosure of all relevant
                       facts and issues, the administrative hearing officer shall afford to
                       all parties the opportunity to respond, present evidence and
                       argument, conduct cross-examination, and submit rebuttal
                       evidence, except as restricted by a limited grant of intervention or
                       by the pre-hearing order.

                               (c) In the discretion of the administrative hearing officer
                       and by agreement of the parties, all or part of the hearing may be
                       conducted by telephone, television or other electronic means, if
                       each participant in the hearing has an opportunity to participate in,
                       to hear, and, if technically feasible, to see the entire proceedings
                       while taking place.

                              (d) The hearing shall be open to public observation
                       pursuant to title 8, chapter 44, unless otherwise provided by state
                       or federal law. To the extent that a hearing is conducted by
                       telephone, television or other electronic means, the availability of
                       public observation shall be satisfied by giving members of the
                       public an opportunity, at reasonable times, to hear the tape
                       recording and to inspect any transcript produced, if any.

                       § 6-54-1013.

                              (a) In administrative hearings:

                                      (1) The administrative hearing officer shall admit
                              and give probative effect to evidence admissible in a court,
                              and when necessary to ascertain facts not reasonably
                              susceptible to proof under the rules of court, evidence not
                              admissible thereunder may be admitted if it is of a type
                              commonly relied upon by reasonably prudent men in the
                              conduct of their affairs. The administrative hearing officer
                              shall give effect to the rules of privilege recognized by law
                              and to statutes protecting the confidentiality of certain
                              records, and shall exclude evidence which in his or her
                              judgment is irrelevant, immaterial or unduly repetitious;



                                        5243
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                     (2) At any time not less than ten (10) business days
                             prior to a hearing or a continued hearing, any party shall
                             deliver to the opposing party a copy of any affidavit such
                             party proposes to introduce in evidence, together with a
                             notice in the form provided in subsection (b). Unless the
                             opposing party, within seven (7) business days after
                             delivery, delivers to the proponent a request to cross-
                             examine an affiant, the opposing party's right to cross-
                             examination of such affiant is waived and the affidavit, if
                             introduced in evidence, shall be given the same effect as if
                             the affiant had testified orally. If an opportunity to cross-
                             examine an affiant is not afforded after a proper request is
                             made as provided in this subdivision (2), the affidavit shall
                             not be admitted into evidence. “Delivery”, for purposes of
                             this section, means actual receipt;

                                     (3) The administrative hearing officer may admit
                             affidavits not submitted in accordance with this section
                             where necessary to prevent injustice;

                                    (4) Documentary evidence otherwise admissible
                             may be received in the form of copies or excerpts, or by
                             incorporation by reference to material already on file with
                             the municipality. Upon request, parties shall be given an
                             opportunity to compare the copy with the original, if
                             reasonably available; and

                                    (5)

                                            (A) Official notice may be taken of:

                                                   (i) Any fact that could be judicially
                                            noticed in the courts of this state;

                                                    (ii) The record of other proceedings
                                            before the agency; or

                                                    (iii) Technical or scientific matters
                                            within the administrative hearing officer’s
                                            specialized knowledge; and

                                           (B) Parties must be notified before or during
                                    the hearing, or before the issuance of any final
                                    order that is based in whole or in part on facts or
                                    material notice, of the specific facts or material
                                    noticed and the source thereof, including any staff
                                    memoranda and data, and be afforded an
                                    opportunity to contest and rebut the facts or
                                    material so noticed.




                                     5244
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                (b) The notice referred to in subdivision (2) shall contain
                       the following information and be substantially in the following form:

                                       The accompanying affidavit of __________ (here
                              insert name of affiant) will be introduced as evidence at the
                              hearing in __________ (here insert title of proceeding).
                              __________ (Here insert name of affiant) will not be called
                              to testify orally and you will not be entitled to question such
                              affiant unless you notify __________ (here insert name of
                              the proponent or the proponent's attorney) at __________
                              (here insert address) that you wish to cross-examine such
                              affiant. To be effective, your request must be mailed or
                              delivered to __________ (here insert name of proponent
                              or the proponent's attorney) on or before __________
                              (here insert a date seven (7) business days after the date
                              of mailing or delivering the affidavit to the opposing party.).

                       § 6-54-1014.

                               (a) An administrative hearing officer shall render a final
                       order in all cases brought before his or her body.

                               (b) A final order shall include conclusions of law, the policy
                       reasons therefor, and findings of fact for all aspects of the order,
                       including the remedy prescribed. Findings of fact, if set forth in
                       language that is no more than mere repetition or paraphrase of
                       the relevant provision of law, shall be accompanied by a concise
                       and explicit statement of the underlying facts of record to support
                       the findings. The final order must also include a statement of the
                       available procedures and time limits for seeking reconsideration or
                       other administrative relief and the time limits for seeking judicial
                       review of the final order.

                                (c) Findings of fact shall be based exclusively upon the
                       evidence of record in the adjudicative proceeding and on matters
                       officially noticed in that proceeding. The administrative hearing
                       officer’s experience, technical competence and specialized
                       knowledge may be utilized in the evaluation of evidence.

                               (d) If an individual serving or designated to serve as an
                       administrative hearing officer becomes unavailable, for any
                       reason, before rendition of the final order, a qualified substitute
                       shall be appointed. The substitute shall use any existing record
                       and may conduct any further proceedings as is appropriate in the
                       interest of justice.

                              (e) The administrative hearing officer may allow the parties
                       a designated amount of time after conclusion of the hearing for the
                       submission of proposed findings.




                                       5245
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                (f) A final order rendered pursuant to subsection (a) shall
                       be rendered in writing within seven (7) business days after
                       conclusion of the hearing or after submission of proposed findings
                       unless such period is waived or extended with the written consent
                       of all parties or for good cause shown.

                               (g) The administrative hearing officer shall cause copies of
                       the final order under subsection (a) to be delivered to each party.

                       § 6-54-1015.

                               (a) All final orders shall state when the order is entered and
                       effective.

                               (b) A party may not be required to comply with a final order
                       unless the final order has been mailed to the last known address
                       of the party or unless the party has actual knowledge of the final
                       order.

                       § 6-54-1016.

                              A municipality may collect a fine levied pursuant to this
                       section by any legal means available to a municipality to collect
                       any other fine, judgment or debt.

                       § 6-54-1017.

                              (a) A person who is aggrieved by a final decision in a
                       contested case is entitled to judicial review under this chapter,
                       which shall be the only available method of judicial review.

                                (b) Proceedings for judicial review of a final order are
                       instituted by filing a petition for review in the chancery court in the
                       county where the municipality lies. Such petition must be filed
                       within sixty (60) calendar days after the entry of the final order that
                       is the subject of the review.

                               (c) The filing of the petition for review does not itself stay
                       enforcement of the final order. The reviewing court may order a
                       stay on appropriate terms, but if it is shown to the satisfaction of
                       the reviewing court, in a hearing that shall be held within ten (10)
                       business days of a request for hearing by either party, that any
                       party or the public at large may suffer injury by reason of the
                       granting of a stay, then no stay shall be granted until a good and
                       sufficient bond, in an amount fixed and approved by the court,
                       shall be given by the petitioner conditioned to indemnify the other
                       persons who might be so injured and if no bond amount is
                       sufficient, the stay shall be denied.




                                        5246
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                               (d) Within forty-five (45) calendar days after service of the
                       petition, or within further time allowed by the court, the
                       administrative hearing officer shall transmit to the reviewing court
                       the original or a certified copy of the entire record of the
                       proceeding under review. By stipulation of all the parties of the
                       review proceedings, the record may be shortened. A party
                       unreasonably refusing to stipulate to limit the record may be taxed
                       by the court for the additional cost. The court may require or
                       permit subsequent corrections or additions to the record.

                               (e) If, before the date set for hearing, application is made
                       to the court for leave to present additional evidence, and it is
                       shown to the satisfaction of the court that the additional evidence
                       is material and that there were good reasons for failure to present
                       it in the administrative proceeding, the court may order that the
                       additional evidence be taken before the administrative hearing
                       officer upon conditions determined by the court. The
                       administrative hearing officer may modify its findings and decision
                       by reason of the additional evidence and shall file that evidence
                       and any modifications, new findings or decisions with the
                       reviewing court.

                               (f) The procedure ordinarily followed in the reviewing court
                       will be followed in the review of contested cases decided by the
                       administrative hearing officer, except as otherwise provided in this
                       chapter. The administrative hearing officer that issued the decision
                       to be reviewed is not required to file a responsive pleading.

                               (g) The review shall be conducted by the court without a
                       jury and shall be confined to the record. In cases of alleged
                       irregularities in procedure before the administrative hearing officer,
                       not shown in the record, proof thereon may be taken in the court.

                               (h) The court may affirm the decision of the administrative
                       hearing officer or remand the case for further proceedings. The
                       court may reverse or modify the decision if the rights of the
                       petitioner have been prejudiced because the administrative
                       findings, inferences, conclusions or decisions are:

                                      (1) In violation of constitutional or statutory
                              provisions;

                                     (2) In excess of the statutory authority of the
                              administrative hearing officer;

                                      (3) Made upon unlawful procedure;

                                      (4) Arbitrary or capricious or characterized by
                              abuse of discretion or clearly unwarranted exercise of
                              discretion; or



                                       5247
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                                         (5) Unsupported by evidence that is both
                                                  substantial and material in the light of the entire record. In
                                                  determining the substantiality of evidence, the court shall
                                                  take into account whatever in the record fairly detracts
                                                  from its weight, but the court shall not substitute its
                                                  judgment for that of the administrative hearing officer as to
                                                  the weight of the evidence on questions of fact.

                                              (i) No administrative hearing decision pursuant to a hearing
                                       shall be reversed, remanded or modified by the reviewing court
                                       unless for errors that affect the merits of such decision.

                                              (j) The reviewing court shall reduce its findings of fact and
                                       conclusions of law to writing and make them parts of the record.

                                       § 6-54-1018.

                                               (a) An aggrieved party may obtain a review of any final
                                       judgment of the chancery court under this chapter by appeal to the
                                       court of appeals of Tennessee.

                                                (b) The record certified to the chancery court and the
                                       record in the chancery court shall constitute the record in an
                                       appeal. Evidence taken in court pursuant to title24 shall become a
                                       part of the record.

                                             (c) The procedure on appeal shall be governed by the
                                       Tennessee Rules of Appellate Procedure.

                         SECTION 2. This act shall take effect July 1, 2010, the public welfare
                 requiring it

     On motion, Finance, Ways and Means Committee Amendment No. 1 as House
Amendment No. 2 was adopted.

       Rep. McCormick moved the previous question, which motion prevailed.

        Rep. Stewart moved that Senate Bill No. 3428, as amended, be passed on third and
final consideration, which motion prevailed by the following vote:

       Ayes ........................................................................................... 90
       Noes............................................................................................. 0

        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Brown, Camper, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper, Curtiss, Dean,
DeBerry J, DeBerry L, Dunn, Eldridge, Evans, Faulkner, Favors, Ferguson, Fincher, Fitzhugh,
Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway, Harmon, Harrison, Harwell, Hawk,
Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S, Jones U, Kernell, Litz, Lollar, Lundberg,
Lynn, Maddox, Maggart, Marsh, Matheny, Matlock, McCord, McCormick, McDaniel, McDonald,
McManus, Montgomery, Moore, Mumpower, Naifeh, Niceley, Odom, Pitts, Pruitt, Ramsey,
Richardson, Roach, Rowland, Sargent, Shaw, Shipley, Sontany, Stewart, Swafford, Tidwell,
Tindell, Todd, Towns, Turner J, Turner M, Weaver, White, Winningham, Yokley, Mr. Speaker
Williams -- 90



                                                               5248
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


         A motion to reconsider was tabled.


        *House Bill No. 2865 -- Utilities, Utility Districts - As introduced, adds continuing
education requirements for members of utility district board of commissioners; and rewrites
provisions for utility district commissioners' removal from office and filling of vacancies. Amends
TCA Title 7, Chapter 82, Part 3; Title 7, Chapter 82, Part 6 and Title 7, Chapter 82, Part 7. by
*Haynes, *Tindell, *Montgomery, *Todd, *Litz, *Ferguson, *Sargent. (SB3513 by *Yager,
*Finney L, *Henry, *Faulk, *Ketron)

      On motion, House Bill No. 2865 was made to conform with Senate Bill No. 3513; the
Senate Bill was substituted for the House Bill.

       Rep. Haynes moved that Senate Bill No. 3513 be passed on third and final
consideration.

         On motion, Rep. Todd withdrew State and Local Government Committee Amendment
No. 1.

         On motion, Rep. Todd withdrew State and Local Government Committee Amendment
No. 2.

         Rep. Weaver moved that Amendment No. 3 be withdrawn, which motion prevailed.

       On motion, Rep. Fitzhugh withdrew Finance, Ways and Means Committee Amendment
No. 1 as House Amendment No. 4.

         Rep. Lollar moved the previous question, which motion prevailed.

       Rep. Haynes moved that Senate Bill No. 3513 be passed on third and final
consideration, which motion prevailed by the following vote:

         Ayes ........................................................................................... 88
         Noes............................................................................................. 5

        Representatives voting aye were: Armstrong, Barker, Bell, Bone, Borchert, Brooks H,
Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper,
Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors,
Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway,
Harmon, Harrison, Harwell, Hawk, Haynes, Hill, Johnson C, Johnson P, Jones S, Jones U,
Kernell, Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock, McCord,
McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh, Niceley,
Odom, Pitts, Pruitt, Ramsey, Richardson, Roach, Rowland, Sargent, Shaw, Shipley, Sontany,
Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White,
Mr. Speaker Williams -- 88

         Representatives voting no were: Bass, Hensley, Litz, Winningham, Yokley -- 5

         A motion to reconsider was tabled.




                                                                 5249
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                               JOURNAL CORRECTION

       The Speaker announced that Reps. Litz and Yokley requested to change their votes on
Senate Bill No. 3513 from “aye” to “no” and have the same reflected in the vote count/results
set out in the House Journal. Without objection, it was so ordered. Likewise, The Speaker
announced that Rep. Cooper requested that her vote on Senate Bill No. 3513 be recorded as
“aye” and have the same reflected in the vote count/results set out in the House Journal.
Without objection, it was so ordered.


                                      REGULAR CALENDAR, CONTINUED

         House Bill No. 3479 -- Lottery, Scholarships and Programs - As introduced, redefines
"eligible independent postsecondary institution" to include institutions that are members of an
accrediting agency that is recognized by the U.S. department of education and the Council on
Higher Education Accreditation. Amends TCA Title 49, Chapter 4, Part 9. by *Matlock,
*Montgomery, *Ramsey, *Cooper B. (*SB2899 by *McNally)

      Rep. Matlock requested that House Bill No. 3479 be moved down 10 places on the
Calendar.


       *House Bill No. 3413 -- Education, Higher - As introduced, allows students in graduate
degree programs leading to licensure as a teacher to be recipients of a minority teaching
fellowship; eliminates limitation on number of awards. Amends TCA Section 49-4-706. by
*Brown, *Gilmore, *DeBerry L, *Camper, *Favors, *Cooper B, *Hardaway, *Towns. (SB3268 by
*Harper, *Barnes, *Beavers, *Berke, *Black, *Bunch, *Burchett, *Burks, *Crowe, *Faulk, *Finney
L, *Ford, O., *Gresham, *Haynes, *Henry, *Herron, *Jackson, *Johnson, *Ketron, *Kyle,
*Marrero B, *McNally, *Norris, *Overbey, *Southerland, *Stewart, *Tate, *Tracy, *Watson,
*Woodson, *Yager, *Ramsey)

      Rep. Brown requested that House Bill No. 3413 be moved down 5 places on the
Calendar.


        *House Bill No. 3634 -- Public Records - As introduced, adds two law enforcement
members to the advisory committee on open government from the Tennessee sheriffs'
association and the Tennessee association of chiefs of police. Amends TCA Title 8, Chapter 4,
Part 6 and Title 10, Chapter 7. by *Todd, *Montgomery. (SB3551 by *Ketron)

      On motion, House Bill No. 3634 was made to conform with Senate Bill No. 3551; the
Senate Bill was substituted for the House Bill.

       Rep. Todd moved that Senate Bill No. 3551 be passed on third and final consideration,
which motion prevailed by the following vote:

       Ayes ........................................................................................... 93
       Noes............................................................................................. 0


                                                               5250
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper,
Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors,
Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway,
Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S,
Jones U, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock,
McCord, McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh,
Niceley, Odom, Pitts, Pruitt, Ramsey, Richardson, Roach, Rowland, Sargent, Shaw, Shipley,
Sontany, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson,
Weaver, White, Winningham, Yokley, Mr. Speaker Williams -- 93

       A motion to reconsider was tabled.


       *House Bill No. 2750 -- Election Laws - As introduced, allows eligible voter to register to
vote up to five days before election if voter presents documentation that voter resides at
address even if form was returned as undeliverable a second time and registration was purged;
requires administrator of elections to mail registration cards. Amends TCA Section 2-2-
115(b)(3); Section 2-2-124(a); Section 2-8-113(a) and Section 2-9-108.                by *Todd,
*Montgomery. (SB2684 by *Ketron)

      On motion, House Bill No. 2750 was made to conform with Senate Bill No. 2684; the
Senate Bill was substituted for the House Bill.

       Rep. Todd moved that Senate Bill No. 2684 be passed on third and final consideration,
which motion prevailed by the following vote:

       Ayes ........................................................................................... 90
       Noes............................................................................................. 1

        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper,
Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Eldridge, Faulkner, Favors, Ferguson, Fincher,
Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway, Harmon, Harrison,
Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S, Jones U, Kernell, Litz,
Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock, McCord, McCormick,
McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh, Niceley, Pitts, Pruitt,
Ramsey, Richardson, Roach, Rowland, Sargent, Shaw, Shipley, Sontany, Stewart, Swafford,
Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Winningham,
Yokley, Mr. Speaker Williams -- 90

       Representatives voting no were: Evans -- 1

       A motion to reconsider was tabled.




                                                               5251
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


        House Bill No. 2411 -- Polk County - As introduced, subject to local approval, revises
procedure for determining the tax on the privilege of participating in an amusement, to be
determined annually by the county legislative body in accordance with established criteria,
rather than imposing a set fee. Amends Chapter 2 of the Private Acts of 1981; as amended. by
*Watson. (SB2378 by *Bunch)

       Further consideration of House Bill No. 2411 previously considered on June 4, 2009 and
June 9, 2009, at which time it was reset for today’s Calendar.

       Rep. Watson moved that House Bill No. 2411 be passed on third and final consideration.

     On motion, Rep. McCord withdrew Conservation and Environment Committee
Amendment No. 1.

       Rep. McCord moved adoption of Conservation and Environment Committee Amendment
No. 2 as follows:

                                         Amendment No. 2

              AMEND House Bill No. 2411 by deleting all language after the enacting clause
       and by substituting instead the following:

                      SECTION 1. Chapter 2 of the Private Acts of 1981, as amended by
              Chapter 196 of the Private Acts of 1984, Chapter 135 of the Private Acts of 1991,
              Chapter 44 of the Private Acts of 1997, Chapter 32 of the Private Acts of 2001,
              Chapter 44 of the Private Acts of 2003, and any other acts amendatory thereto, is
              amended by deleting Section 2 in its entirety and by substituting instead the
              following:

                             Section 2. The legislative body of Polk County is hereby
                     authorized to impose an amusement fee or to levy a privilege tax on the
                     privilege of a consumer participating in the amusement of commercial
                     whitewater rafting conducted upon the Ocoee River for recreational
                     purposes. Such privilege tax or amusement fee imposed is a fee upon
                     the consumer enjoying the amusement, and is to be collected and
                     distributed as provided in this act. The tax or fee shall not be imposed
                     upon employees and bona fide trainees of the operator providing the
                     amusement.

                             The rate of such tax or fee on a consumer participating in the
                     amusement of commercial whitewater rafting conducted upon the Ocoee
                     River for recreational purposes shall be a fixed amount per person, to be
                     established by the county legislative body after a determination of the
                     cost necessary for the provision of services by the county directly related
                     to the events or activities of commercial whitewater rafting. The amount
                     of the tax or fee shall be set by the county legislative body at the first
                     regularly scheduled meeting of such legislative body in November of each
                     year and shall become effective for the whitewater rafting season which
                     begins the following year.




                                            5252
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                    The calculation on the setting of the amount of the privilege tax or
                            amusement fee shall be the cost of provision of services by the county
                            directly related to the activities of commercial whitewater rafting, divided
                            by the number of persons who engage in whitewater rafting during the
                            preceding year's rafting activities. Such cost shall be based solely in
                            accordance with requirements of the Maritime Transportation Security Act
                            of 2002, compiled in 46 U.S.C. § 2101 et seq. If such calculation
                            substantiates the rate, the tax or fee shall be set at an amount not to
                            exceed fifty cents ($.50) per person.

                                    The amount of the privilege tax or amusement fee for the 2010
                            whitewater rafting session shall be set by the county legislative body at
                            the legislative session immediately following the adoption of this act.

                                   Any privilege tax or amusement fee to be imposed pursuant to this
                            section shall first be approved by a two-thirds (2/3) vote of the legislative
                            body of Polk County.

                        SECTION 2. This act shall have no effect unless it is approved by a two-
                 thirds (2/3) vote of the legislative body of Polk County. Its approval or
                 nonapproval shall be proclaimed by the presiding officer of the legislative body
                 and certified to the secretary of state.

                         SECTION 3. For the purpose of approving or rejecting the provisions of
                 this act, it shall be effective upon becoming a law, the public welfare requiring it.
                 For all other purposes, it shall become effective as provided in Section 2.

       On motion, Conservation and Environment Committee Amendment No. 2 was adopted.

       Rep. Bass moved the previous question, which motion prevailed.

        Rep. Watson moved that House Bill No. 2411, as amended, be passed on third and
final consideration, which motion failed by the following vote:


                                                PRESENT IN CHAMBER

       Representative(s) Rich was/were recorded as being present in the Chamber.


                                      REGULAR CALENDAR, CONTINUED

       Ayes ........................................................................................... 39
       Noes........................................................................................... 47
       Present and not voting.................................................................. 7

        Representatives voting aye were: Brooks H, Brooks K, Casada, Coleman, Cooper,
Curtiss, DeBerry J, Dunn, Ferguson, Fincher, Fitzhugh, Ford, Fraley, Halford, Harrison, Harwell,
Hawk, Jones S, Jones U, Litz, Lundberg, Matlock, McDaniel, Moore, Mumpower, Ramsey,
Richardson, Roach, Shaw, Sontany, Swafford, Tindell, Todd, Turner M, Watson, White,
Winningham, Yokley, Mr. Speaker Williams -- 39


                                                               5253
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


       Representatives voting no were: Armstrong, Barker, Bass, Bone, Borchert, Brown,
Camper, Campfield, Cobb T, Dean, DeBerry L, Dennis, Eldridge, Evans, Faulkner, Favors,
Floyd, Hackworth, Hardaway, Harmon, Haynes, Hensley, Hill, Johnson C, Johnson P, Lollar,
Lynn, Maddox, Maggart, Marsh, Matheny, McCord, McCormick, McDonald, McManus,
Montgomery, Naifeh, Niceley, Odom, Pitts, Rich, Shipley, Stewart, Tidwell, Towns, Turner J,
Weaver -- 47

      Representatives present and not voting were: Carr, Cobb J, Gilmore, Kernell, Pruitt,
Rowland, Sargent -- 7

      House Bill No. 2411, having failed to receive a constitutional majority, was re-referred to
the Committee on Calendar and Rules.


                                     CHAIR TO DEBERRY

       Mr. Speaker Williams relinquished the Chair to Rep. DeBerry, Speaker pro tempore.


                            REGULAR CALENDAR, CONTINUED

        *House Bill No. 966 -- Game and Fish Laws - As introduced, requires signage to
effectively restrict persons from hunting game on landowner property be placed at all major
points of ingress of the lands being posted, rather than at intervals along property line. Amends
TCA Title 70, Chapter 4. by *McCord. (SB1128 by *Norris)

        Further consideration of House Bill No. 966 previously considered on June 17, 2009, at
which time it was reset for today’s Calendar.

       Rep. McCord moved that House Bill No. 966 be passed on third and final consideration.

       Rep. Tidwell moved adoption of Conservation and Environment Committee Amendment
No. 1 as follows:

                                          Amendment No. 1

               AMEND House Bill No. 966 by deleting the amendatory language of SECTION 1
       of the introduced bill in its entirety and by substituting instead the following:

                      (i) The signs must be visible at all major points of ingress of the lands
              being posted, in such manner that the signs are reasonably likely to come to the
              attention of intruders; or

       On motion, Conservation and Environment Committee Amendment No. 1 was adopted.

       Rep. J. Cobb moved the previous question, which motion prevailed.

       Rep. McCord moved that House Bill No. 966, as amended, be passed on third and final
consideration, which motion prevailed by the following vote:




                                             5254
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


         Ayes ........................................................................................... 94
         Noes............................................................................................. 0

        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper,
Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors,
Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway,
Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S,
Jones U, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock,
McCord, McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh,
Niceley, Odom, Pitts, Pruitt, Ramsey, Rich, Richardson, Roach, Rowland, Sargent, Shaw,
Shipley, Sontany, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M,
Watson, Weaver, White, Winningham, Yokley, Mr. Speaker Williams -- 94

         A motion to reconsider was tabled.


       *House Bill No. 3413 -- Education, Higher - As introduced, allows students in graduate
degree programs leading to licensure as a teacher to be recipients of a minority teaching
fellowship; eliminates limitation on number of awards. Amends TCA Section 49-4-706. by
*Brown, *Gilmore, *DeBerry L, *Camper, *Favors, *Cooper B, *Hardaway, *Towns. (SB3268 by
*Harper, *Barnes, *Beavers, *Berke, *Black, *Bunch, *Burchett, *Burks, *Crowe, *Faulk, *Finney
L, *Ford, O., *Gresham, *Haynes, *Henry, *Herron, *Jackson, *Johnson, *Ketron, *Kyle,
*Marrero B, *McNally, *Norris, *Overbey, *Southerland, *Stewart, *Tate, *Tracy, *Watson,
*Woodson, *Yager, *Ramsey)

         Further consideration of House Bill No. 3413 previously considered on today’s Calendar.

      On motion, House Bill No. 3413 was made to conform with Senate Bill No. 3268; the
Senate Bill was substituted for the House Bill.

         Rep. Brown moved that Senate Bill No. 3268 be passed on third and final consideration.

         On motion, Rep. Fitzhugh withdrew Finance, Ways and Means Committee Amendment
No. 1.

         On motion, Rep. Fitzhugh withdrew Finance, Ways and Means Committee Amendment
No. 2.

         Rep. Brown requested that Amendment No. 3 be placed at the heel of the Amendments.

         Rep. Brown moved adoption of Amendment No. 4 as follows:

                                                            Amendment No. 4

                AMEND Senate Bill No. 3268 by adding the following new section immediately
         preceding the last section and by renumbering the subsequent section accordingly:

                          SECTION ___. Tennessee Code Annotated, Section 49-4-706, is
                   amended by deleting the first sentence of subsection (a) and by substituting
                   instead the following:


                                                                 5255
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                    The Tennessee student assistance corporation (TSAC) shall
                            administer a minority teaching fellows program, not to exceed thirty-five
                            (35) persons per class level per year, for talented Tennesseans who
                            aspire to be teachers.

       On motion, Amendment No. 4 was adopted.

       Rep. Dunn moved adoption of Amendment No. 5 as follows:

                                                          Amendment No. 5

              AMEND Senate Bill No. 3268 by adding the following new section immediately
       preceding the last section and by renumbering the subsequent section accordingly:

                       SECTION ___. Tennessee Code Annotated, Section 49-4-706, is
                 amended by adding the following language as a new, appropriately designated
                 subsection:

                                    ( ) No application for the minority teaching fellows program from a
                            student who has not been a prior recipient of the loan-scholarship shall be
                            accepted by TSAC for the 2011-2012 academic year and academic years
                            thereafter. Any student receiving a loan-scholarship for the 2010-2011
                            academic year, however, may apply for renewal of the loan-scholarship
                            until the student has exhausted eligibility for the minority teaching fellows
                            program. TSAC shall notify the chairs of the finance, ways and means
                            committees of the senate and the house of representatives during the
                            final academic year when students are enrolled who are eligible to
                            receive the loan-scholarships. Beginning with the first academic year in
                            which no students are eligible for the program, all funds in the TSAC
                            deferred revenue account for the minority teaching fellows program may
                            be allocated to other grants or scholarships administered by TSAC, if
                            specifically appropriated for such purposes in the general appropriations
                            act.

        Rep. U. Jones moved that Amendment No. 5 be tabled, which motion failed by the
following vote:

       Ayes ........................................................................................... 42
       Noes........................................................................................... 50

       Representatives voting aye were: Armstrong, Barker, Bass, Bone, Borchert, Brown,
Camper, Cobb T, Coleman, Cooper, Curtiss, DeBerry J, DeBerry L, Favors, Ferguson, Fincher,
Fitzhugh, Gilmore, Hardaway, Harmon, Jones S, Jones U, Kernell, Litz, Maddox, McDonald,
Moore, Naifeh, Odom, Pitts, Pruitt, Richardson, Shaw, Sontany, Stewart, Tindell, Towns, Turner
J, Turner M, Winningham, Yokley, Mr. Speaker Williams -- 42

       Representatives voting no were: Bell, Brooks H, Brooks K, Campfield, Carr, Casada,
Cobb J, Dean, Dennis, Dunn, Eldridge, Evans, Faulkner, Floyd, Ford, Fraley, Halford, Harrison,
Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Lollar, Lundberg, Lynn, Maggart,
Marsh, Matheny, Matlock, McCord, McCormick, McDaniel, McManus, Montgomery, Mumpower,
Niceley, Ramsey, Rich, Roach, Rowland, Sargent, Shipley, Swafford, Todd, Watson, Weaver,
White -- 50



                                                               5256
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


       Rep. Brown requested that Senate Bill No. 3268, as amended, be moved to the heel of
the Calendar, but the request was objected to by Rep. Swafford.

        On motion, the objection to move Senate Bill No. 3268 to the heel of the Calendar failed
by the following vote:

       Ayes ........................................................................................... 32
       Noes........................................................................................... 57

       Representatives voting aye were: Bell, Brooks H, Campfield, Carr, Casada, Cobb J,
Dennis, Dunn, Eldridge, Floyd, Ford, Halford, Harwell, Hawk, Hensley, Hill, Johnson C, Lollar,
Lundberg, Lynn, Maggart, Marsh, Matheny, Matlock, McManus, Montgomery, Niceley, Ramsey,
Roach, Swafford, Watson, Weaver -- 32

       Representatives voting no were: Armstrong, Barker, Bass, Bone, Borchert, Brooks K,
Brown, Camper, Cobb T, Coleman, Cooper, Curtiss, Dean, DeBerry J, DeBerry L, Faulkner,
Favors, Fincher, Fitzhugh, Fraley, Gilmore, Hackworth, Hardaway, Harmon, Harrison, Haynes,
Johnson P, Jones S, Jones U, Kernell, Litz, Maddox, McCormick, McDaniel, McDonald, Moore,
Naifeh, Odom, Pitts, Pruitt, Rich, Richardson, Rowland, Sargent, Shaw, Shipley, Sontany,
Stewart, Tindell, Todd, Towns, Turner J, Turner M, White, Winningham, Yokley, Mr. Speaker
Williams -- 57

        The objection having failed, Senate Bill No. 3268, as amended, was moved to the heel
of the Regular Calendar.


        *House Bill No. 2622 -- Health Care - As introduced, prohibits the legislature from
requiring any person to participate in any health care system or plan. Amends TCA Title 56;
Title 63; Title 68 and Title 71. by *Lynn, *Maggart, *Swafford. (SB2560 by *Black, *Beavers)

      Rep. Lynn requested that House Bill No. 2622 be moved to the heel of the Regular
Calendar.


         *House Bill No. 3474 -- Education - As introduced, permits city and special school
district with boundaries contiguous with the city limits to specify by contract that funding from the
city to the district shall be used half for operations of the district and half for bond issue for
maintenance and construction at existing schools. Amends TCA Title 49, Chapter 3, Part 3. by
*Kernell, *Hardaway. (SB3365 by *Marrero B)

       Rep. Kernell moved that House Bill No. 3474 be passed on third and final consideration.

       Rep. H. Brooks moved adoption of Education Committee Amendment No. 1 as follows:

                                                          Amendment No. 1

             AMEND House Bill No. 3474 by deleting the second sentence in the amendatory
       language of Section 1 of the bill in its entirety and by substituting instead the following
       language:




                                                               5257
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                          Upon agreement of both the city legislative body and the board of
                 education of the special school district, proceeds from the bond issue shall be
                 used only for maintenance of or construction at schools in existence in the district
                 at the time of the issuance of the bonds.

       On motion, Education Committee Amendment No. 1 was adopted.

       Rep. Kernell moved that House Bill No. 3474, as amended, be passed on third and final
consideration, which motion prevailed by the following vote:

       Ayes ........................................................................................... 94
       Noes............................................................................................. 0

        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper,
Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors,
Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway,
Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S,
Jones U, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock,
McCord, McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh,
Niceley, Odom, Pitts, Pruitt, Ramsey, Rich, Richardson, Roach, Rowland, Sargent, Shaw,
Shipley, Sontany, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M,
Watson, Weaver, White, Winningham, Yokley, Mr. Speaker Williams -- 94

       A motion to reconsider was tabled.


       House Bill No. 3947 -- Day Care - As introduced, prohibits the department of human
services from requiring child care providers to disclose personal information that is not related to
the department's regulatory authority such as information regarding the provider's long range
career plans. Amends TCA Section 71-3-502. by *Kernell, *Richardson. (*SB3804 by *Marrero
B)

      On motion, House Bill No. 3947 was made to conform with Senate Bill No. 3804; the
Senate Bill was substituted for the House Bill.

       Rep. Kernell moved that Senate Bill No. 3804 be passed on third and final consideration.

     On motion, Rep. Armstrong withdrew Health and Human Resources Committee
Amendment No. 1.

       Rep. Lynn moved the previous question, which motion prevailed.

       Rep. Kernell moved that Senate Bill No. 3804 be passed on third and final
consideration, which motion prevailed by the following vote:

       Ayes ........................................................................................... 92
       Noes............................................................................................. 1
       Present and not voting.................................................................. 1




                                                               5258
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper, Curtiss,
Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors, Ferguson,
Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway, Harmon,
Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S, Jones U,
Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock, McCord,
McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh, Niceley,
Odom, Pitts, Pruitt, Ramsey, Rich, Richardson, Roach, Rowland, Sargent, Shaw, Shipley,
Sontany, Stewart, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White,
Winningham, Yokley, Mr. Speaker Williams -- 92

       Representatives voting no were: Swafford -- 1

       Representatives present and not voting were: Brooks H -- 1

       A motion to reconsider was tabled.


                                               JOURNAL CORRECTION

        Speaker Pro Tempore Lois DeBerry announced that Rep. Brown requested to change
her vote on the objection to defer Senate Bill No. 3268 from “aye” to “no” and have the same
reflected in the vote count/results set out in the House Journal. Without objection, it was so
ordered.

                                      REGULAR CALENDAR, CONTINUED

       *House Bill No. 3475 -- Administrative Procedure (UAPA) - As introduced, requires a
rule-making hearing be conducted for all permanent rules that were previously filed as
emergency rules, unless the emergency rule was filed to avoid the loss of federal funds.
Amends TCA Title 4, Chapter 5, Part 2. by *Kernell, *Hardaway. (SB3385 by *Marrero B)

      On motion, House Bill No. 3475 was made to conform with Senate Bill No. 3385; the
Senate Bill was substituted for the House Bill.

       Rep. Kernell moved that Senate Bill No. 3385 be passed on third and final
consideration, which motion prevailed by the following vote:

       Ayes ........................................................................................... 94
       Noes............................................................................................. 0

        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper,
Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors,
Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway,
Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S,
Jones U, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock,
McCord, McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh,
Niceley, Odom, Pitts, Pruitt, Ramsey, Rich, Richardson, Roach, Rowland, Sargent, Shaw,
Shipley, Sontany, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M,
Watson, Weaver, White, Winningham, Yokley, Mr. Speaker Williams -- 94


                                                               5259
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


         A motion to reconsider was tabled.


         House Bill No. 3479 -- Lottery, Scholarships and Programs - As introduced, redefines
"eligible independent postsecondary institution" to include institutions that are members of an
accrediting agency that is recognized by the U.S. department of education and the Council on
Higher Education Accreditation. Amends TCA Title 49, Chapter 4, Part 9. by *Matlock,
*Montgomery, *Ramsey, *Cooper B. (*SB2899 by *McNally)

         Further consideration of House Bill No. 3479 previously considered on today’s Calendar.

      On motion, House Bill No. 3479 was made to conform with Senate Bill No. 2899; the
Senate Bill was substituted for the House Bill.

       Rep. Matlock moved that Senate Bill No. 2899 be passed on third and final
consideration.

       Rep. Fitzhugh moved adoption of Finance, Ways and Means Committee Amendment
No. 1, which motion was immediately withdrawn.

         On motion, Rep. Fitzhugh withdrew Finance, Ways and Means Committee Amendment
No. 1.

         On motion, Rep. Fitzhugh withdrew Finance, Ways and Means Committee Amendment
No. 2.

       Rep. Matlock moved that Senate Bill No. 2899 be passed on third and final
consideration, which motion prevailed by the following vote:

         Ayes ........................................................................................... 93
         Noes............................................................................................. 0

        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper,
Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Eldridge, Evans, Faulkner, Favors, Ferguson,
Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway, Harmon,
Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S, Jones U,
Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock, McCord,
McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh, Niceley,
Odom, Pitts, Pruitt, Ramsey, Rich, Richardson, Roach, Rowland, Sargent, Shaw, Shipley,
Sontany, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson,
Weaver, White, Winningham, Yokley, Mr. Speaker Williams -- 93

         A motion to reconsider was tabled.


        House Bill No. 1869 -- Lottery, Scholarships and Programs - As introduced, requires the
commissioner of education to evaluate the effectiveness of the pilot after school programs
funded by the lottery in increasing ACT and SAT scores, eligibility for lottery scholarships, and
enrollment in postsecondary institutions. Amends TCA Title 49, Chapter 1; Title 49, Chapter 2;
Title 49, Chapter 3 and Title 49, Chapter 6. by *Brown, *Cooper B. (*SB981 by *Berke)

       Rep. Brown moved that House Bill No. 1869 be reset for the next Regular Calendar,
which motion prevailed.


                                                                 5260
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


       House Bill No. 1911 -- Education - As introduced, enacts the "Interstate Compact on
Educational Opportunity for Military Children." Amends TCA Title 49. by *Johnson C, *Pitts,
*Towns. (*SB1997 by *Norris, *Finney L)

       Rep. C. Johnson moved that House Bill No. 1911 be passed on third and final
consideration.

      Rep. H. Brooks moved adoption of Education Committee Amendment No. 1 as follows:

                                        Amendment No. 1

             AMEND House Bill No. 1911 by adding the following new section immediately
      preceding the last section and by renumbering the subsequent section accordingly:

                    SECTION ___.

                           (a) In fiscal year 2009-2010, the state compact commissioner to
                    the Interstate Commission on Educational Opportunity for Military
                    Children shall participate in all commission meetings by
                    telecommunication or electronic communication unless expenses of
                    attendance are paid from non-state funds.

                             (b) In fiscal year 2009-2010, a State Council shall not be created,
                    but such body may be created in a subsequent fiscal year. Pursuant to
                    the compact, for fiscal year 2009-2010 the state board of education shall
                    determine the appropriate existing body or board to provide coordination
                    among the agencies of government, local education agencies and military
                    installations concerning the state's participation in, and compliance with,
                    the compact and Interstate Commission activities. Such body or board
                    may be the state board of education itself. All work of the selected body
                    or board in fiscal year 2009-2010 concerning the compact shall be
                    conducted at meetings of the body or board when the body or board is
                    conducting a meeting for other purposes, unless funds for meetings
                    conducted solely for compact related activities are provided from non-
                    state sources.

                           (c) In fiscal year 2009-2010, the military family education liaison
                    shall perform all assigned duties requiring communication with families,
                    LEAs or other parties by telecommunication or electronic communication
                    unless funds are provided for expenses of the liaison from non-state
                    sources.

      On motion, Education Committee Amendment No. 1 was adopted.

       Rep. Fitzhugh moved adoption of Finance, Ways and Means Committee Amendment
No. 1 as House Amendment No. 2 as follows:

                                        Amendment No. 2

             AMEND House Bill No. 1911 by deleting the effective date section of the bill and
      by substituting instead the following:


                                            5261
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                         SECTION ___. This act shall take effect July 1, 2010, the public welfare
                 requiring it.

             AND FURTHER AMEND by deleting the language "2009-2010" wherever it
       appears in the bill as amended and by substituting instead the language "2010-2011".

     On motion, Finance, Ways and Means Committee Amendment No. 1 as House
Amendment No. 2 was adopted.

        Rep. C. Johnson moved that House Bill No. 1911, as amended, be passed on third and
final consideration, which motion prevailed by the following vote:

       Ayes ........................................................................................... 94
       Noes............................................................................................. 0

        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper,
Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors,
Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway,
Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S,
Jones U, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock,
McCord, McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh,
Niceley, Odom, Pitts, Pruitt, Ramsey, Rich, Richardson, Roach, Rowland, Sargent, Shaw,
Shipley, Sontany, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M,
Watson, Weaver, White, Winningham, Yokley, Mr. Speaker Williams -- 94

       A motion to reconsider was tabled.


      *House Bill No. 2765 -- Child Abuse - As introduced, creates the "Tennessee Second
Look Commission." Amends TCA Title 4; Title 8; Title 10 and Title 37. by *Tindell, *Armstrong,
*Harwell, *Montgomery, *Fincher, *Cooper B, *Towns. (SB2701 by *Burchett, *Ketron)

       Rep. Tindell moved that House Bill No. 2765 be passed on third and final consideration.

       On motion, Rep. Lynn withdrew Government Operations Committee Amendment No. 1.

       On motion, Rep. Lynn withdrew Government Operations Committee Amendment No. 2.

       On motion, Rep. Lynn withdrew Government Operations Committee Amendment No. 3.

       On motion, Rep. Lynn withdrew Government Operations Committee Amendment No. 4.

     Rep. Coleman moved adoption of Judiciary Committee Amendment No. 1 as House
Amendment No. 5 as follows:

                                                          Amendment No. 5

              AMEND House Bill No. 2765 by deleting all language after the enacting clause
       and by substituting instead the following:



                                                               5262
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                SECTION 1. Tennessee Code Annotated, Title 37, Chapter 3 is
           amended by adding a new part thereto:

                       § 37-3-801.

                             This part shall be known and may be cited as the
                       "Tennessee Second Look Commission.”

                       § 37-3-802.

                              For purposes of this part, unless the context otherwise
                       requires:

                                     (1) “Appropriate sampling” means cases of a
                              second or subsequent incident of severe child abuse
                              selected by the commission from all profiled cases
                              submitted by the department of children’s services;

                                      (2) “Child abuse” has the same meaning as abuse
                              as defined in § 37-1-102;

                                     (3) “Commission” means the Tennessee second
                              look commission;

                                     (4)    “Investigatory meetings” means commission
                              meetings where information made confidential pursuant to
                              state or federal law is examined by the commission or
                              information is being discussed that is relevant to a pending
                              criminal action;

                                     (5) “Profiled cases” means cases of a second or
                              subsequent incident of severe child abuse provided by the
                              department of children’s services to the commission;

                                      (6) “Second or subsequent incident of severe child
                              abuse” means an indicated incident of severe child abuse
                              to a victim who had a prior indicated incident of child abuse
                              or severe child abuse, as determined by the department of
                              children’s services; and

                                      (7) “Severe child abuse” has the same meaning as
                              the term is defined in § 37-1-102.

                       § 37-3-803.

                               (a)    There is created the Tennessee second look
                       commission.      The commission shall review an appropriate
                       sampling of cases involving a second or subsequent incident of
                       severe child abuse in order to provide recommendations and
                       findings to the general assembly regarding whether or not severe
                       child abuse cases are handled in a manner that provides
                       adequate protection to the children of this state.




                                      5263
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                              (b) The commission’s findings and recommendations shall
                       address all stages of investigating and attempting to remedy
                       severe child abuse, including but not limited to:

                                     (1) The reporting, investigating and referring of
                             alleged severe child abuse cases by state agencies and
                             others;

                                    (2) The risk of severe child abuse victims being
                             returned to the custody of the child’s abuser or placed by
                             the state in an environment where the child is at risk of
                             being abused a second or subsequent time;

                                    (3) The procedures used by juvenile courts and
                             courts exercising jurisdiction over criminal and civil child
                             abuse, neglect and endangerment cases;

                                     (4)    The laws, rules, or guidelines used to
                             determine whether or not an alleged perpetrator of severe
                             child abuse is to be prosecuted;

                                    (5)   The causes of severe child abuse in
                             Tennessee and any preventative measures that would
                             reduce the number of severe child abuse cases in this
                             state;

                                     (6) The manner in which severe child abuse data is
                             collected and used by multiple agencies within the state;
                             and

                                    (7) The representation provided to severe child
                             abuse victims, including but not limited to, representation
                             provided by attorneys, guardians and advocates.

                             (c) The commission may:

                                     (1) Promulgate bylaws to provide for the election of
                             commission officers, establishment of committees,
                             meetings, and other matters relating to commission
                             functions;

                                      (2) Request and receive the cooperation of other
                             state departments and agencies in carrying out the duties
                             of this part; and

                                    (3) Hold hearings, hear testimony, and conduct
                             research and other appropriate activities.

                             (d)




                                     5264
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                      (1) The commission shall provide a report to the
                              general assembly on the commission’s progress in fulfilling
                              its duties set out in this section no later than January 1,
                              2011.

                                      (2) The commission shall provide a report detailing
                              the commission’s findings and recommendations from a
                              review of the appropriate sampling no later than January 1,
                              2012, and annually thereafter, to the general assembly.
                              Such report shall be submitted to the governor; the
                              judiciary committees of the senate and the house of
                              representatives; the general welfare, health and human
                              resources committee of the senate; the children and family
                              affairs committee of the house of representatives; and the
                              select committee on children and youth.

                       § 37-3-804.

                              (a) Members of the commission shall be as follows:

                                      (1) The director of the Tennessee bureau of
                              investigation or the director’s designee;

                                      (2) The executive director of the commission on
                              children and youth or the director’s designee;

                                      (3) The executive director of the select committee
                              on children and youth or the director’s designee;

                                      (4) The executive director of Tennessee’s chapter
                              of children’s advocacy center’s or the director’s designee;

                                      (5) The commissioner of the department of
                              children’s services or the commissioner’s designee;

                                     (6) The director of the administrative office of the
                              courts or the director’s designee;

                                     (7)     Two (2) members of the house of
                              representatives to be appointed by the speaker of the
                              house of representatives;

                                    (8) Two (2) senators to be appointed by the
                              speaker of the senate;

                                      (9) Two (2) law enforcement officers appointed by
                              the governor with experience investigating severe child
                              abuse cases: one (1) such officer shall be from a county
                              with a population of more than two hundred fifty thousand
                              (250,000) according to the 2000 federal census or any
                              subsequent federal census, and one (1) such officer shall
                              be from a county with a population of less than two
                              hundred fifty thousand (250,000) according to the 2000
                              federal census or any subsequent federal census.


                                      5265
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                      (10) A district public defender appointed by the
                             district public defenders conference;

                                      (11) A district attorney general appointed by the
                             district attorneys general conference;

                                    (12) A physician with experience conducting exams
                             used to determine whether or not severe child abuse has
                             occurred, appointed by the commission’s co-chairs;

                                    (13) An attorney with recognized expertise
                             representing children in child abuse and neglect
                             proceedings, appointed by the commission’s co-chairs;
                             and

                                     (14)   Two (2) individuals with experience as
                             advocates for children from the nonprofit sector, appointed
                             by the commission’s co-chairs.

                             (b)

                                    (1)

                                           (A) Members of the commission set out in
                                    subdivision (a)(1) through (a)(6) shall serve on the
                                    commission as long as they hold the positions
                                    designated in subdivision (a)(1) through (a)(6).

                                            (B)

                                                   (i) Except as otherwise provided for
                                            in subdivision (b)(2), members of the
                                            commission appointed pursuant to (a)(7)
                                            through (a)(14) shall serve four-year terms.

                                                     (ii)    Notwithstanding any other
                                            provision of this section to the contrary,
                                            following three (3) successive absences by
                                            a member appointed pursuant to (a)(7)
                                            through (a)(14) from commission meetings,
                                            the co-chairs may declare a vacancy and
                                            request that a new member be appointed
                                            pursuant to this section who meets the
                                            criteria of the replaced member.

                                     (2) The initial members' terms shall be staggered
                             as follows:

                                            (A) Members of the commission appointed
                                    pursuant to subsections (a)(7) and (a)(8) shall
                                    serve initial terms of two (2) years;


                                     5266
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                             (B) Members of the commission appointed
                                     pursuant to subsections (a)(9) through (a)(11) shall
                                     serve initial terms of three (3) years; and

                                             (C) Members of the commission appointed
                                     pursuant to subsections (a)(12) through (a)(14)
                                     shall serve initial terms of four (4) years.

                                      (3) Except as provided in subdivision (b)(4), no
                              commission member shall serve more than two (2) terms,
                              including any partial term.

                                     (4)

                                             (A) Initial appointments shall be made no
                                     later than September 1, 2010; all subsequent
                                     appointments shall be made no later than February
                                     1 of the year in which an appointment is due to be
                                     made. The initial members' terms of office shall
                                     commence upon appointment; however, for
                                     purposes of calculating the initial terms of the
                                     members' offices, the initial appointments shall be
                                     deemed to have been made on February 1, 2011.

                                             (B) If a vacancy occurs, it shall be filled by
                                     the appointing authority in the same manner as the
                                     original appointment and shall be for the unexpired
                                     term only.

                                              (C) If a subsequent appointment is not
                                     made by the date provided in this subdivision
                                     (b)(3), the incumbent member shall serve until the
                                     member’s successor is appointed.

                              (c) The speakers of the respective houses each shall
                       appoint a co-chair from the members named to the commission.

                       § 37-3-805.

                             (a) The commission shall be administratively attached to
                       the Tennessee commission on children and youth, but for all
                       purposes other than administration, shall be an independent
                       commission.

                               (b) The Tennessee commission on children and youth
                       shall be responsible for:

                                    (1)    Scheduling and staffing the commission’s
                              meetings;




                                      5267
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                     (2) Notifying witnesses of the date upon which they
                              are requested to appear;

                                      (3) Taking minutes at the commission’s meetings;

                                      (4) Compensating members and witnesses for
                              travel expenses when appropriate;

                                     (5) Reviewing department of children’s services
                              files and case summaries regarding the appropriate
                              sampling of cases upon which the commission expects to
                              hear testimony;

                                     (6) Providing the commission members with any
                              relevant information; and

                                      (7) Assisting the commission in drafting reports.

                       § 37-3-806.

                               (a) The department of children’s services shall, no later
                       than October 1,2010, provide the commission with a table,
                       detailing profiled cases from the previous fiscal year; thereafter,
                       the department shall provide such table no later than October 1,
                       2011, and by October 1 annually thereafter, for the previous year.
                       The tables shall include, but not be limited to, the county, type of
                       abuse and age of the child.

                                (b) The commission shall review the table of profiled cases
                       provided pursuant to subsection (a). The commission shall submit
                       a list of the cases to the department after such review, setting out
                       specific cases from the table that the commission selects to
                       review.

                               (c) The department shall provide each commission
                       member with a thorough written summary of the procedural history
                       of each of the cases selected for review by the commission,
                       including but not limited to, identifying persons whom the
                       commission may wish to testify to provide additional information.

                               (d) After reviewing the information referenced in subsection
                       (c), the commission shall select the appropriate sampling from the
                       information provided by the department; provided that an
                       appropriate sampling shall be no more than ten percent (10%) of
                       the total number of cases profiled.

                              (e) The commission shall review the appropriate sampling
                       on a schedule determined by the commission; provided that the
                       commission shall submit its final report containing its
                       recommendations and findings concerning the appropriate
                       sampling each year to the general assembly as provided in § 37-
                       3-803(d).




                                       5268
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                       § 37-3-807.

                            (a)      All members of the commission shall be voting
                       members.

                               (b) The members of the commission shall receive           no
                       salary; provided that members of the commission shall             be
                       reimbursed for actual expenses incurred in accordance with       the
                       state’s comprehensive travel regulations promulgated by          the
                       department of finance and administration and approved by         the
                       attorney general and reporter.

                               (c) The commission may provide reimbursement for actual
                       expenses incurred in accordance with the state’s comprehensive
                       travel regulations promulgated by the department of finance and
                       administration and approved by the attorney general and reporter
                       to witnesses that have been called to testify before the
                       commission.

                       § 37-3-808.

                              The commission shall meet as necessary to transact
                       business; provided, that meetings shall be held at least quarterly,
                       and the first meeting shall be no later than November 1, 2010.
                       The commission shall meet at such time and place as determined
                       by the co-chairs of the commission announced at least one (1)
                       month in advance of meetings with notice to each member.
                       Written minutes shall be kept of all meetings. At all meetings, ten
                       (10) members shall constitute a quorum for the transaction of
                       business.

                       § 37-3-809.

                                The child advocacy center directors or their designees, the
                       department of children's services, the district attorney general of
                       each judicial district, the district public defender of each judicial
                       district, the administrative office of the courts, any law
                       enforcement agency, any juvenile court officer or investigator, any
                       representative of the mental health disciplines involved in
                       investigations conducted by child protective teams, and any other
                       state agency shall, upon request by the commission:

                                    (1) Submit to the commission, in accordance with
                              the procedures and deadlines established by the
                              commission, information and data concerning a second or
                              subsequent incident of severe abuse;

                                     (2) Cause the person most knowledgeable with the
                              case being examined to testify regarding any cases
                              concerning a second or subsequent incident of severe
                              abuse; and


                                       5269
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                     (3) Make recommendations and identify where
                              gaps and deficiencies may exist in the various systems
                              involved in protecting children from severe child abuse.

                       § 37-3-810.

                             (a) Notwithstanding any provision of law to the contrary,
                       the commission may access information made confidential
                       pursuant to title 37, part 1.

                              (b)

                                      (1)    Except as provided in subsection (c),
                              investigatory meetings of the commission shall not be
                              subject to the provisions of title 8, chapter 44, part 1 and
                              shall be closed to the public. Any minutes or other
                              information made confidential pursuant to state or federal
                              law and generated during an investigatory meeting shall be
                              sealed from public inspection; provided that the
                              commission shall comply with the provisions of subsection
                              (c).

                                      (2) Each statutory member of the commission and
                              each person otherwise attending an investigatory meeting
                              shall sign a statement prepared by the commission
                              indicating and affirming an understanding of and
                              adherence to the confidentiality requirements, including the
                              possible civil or criminal consequences of any violation or
                              breach of such requirements.

                               (c) Notwithstanding the provisions of subsection (b), the
                       commission shall conduct meetings that are open to the public to
                       periodically make available, in a general manner that does not
                       reveal information made confidential pursuant to state or federal
                       law, the aggregate findings of its reviews and its
                       recommendations.

                               (d) All information made confidential pursuant to state or
                       federal law acquired by the commission in the exercise of its
                       duties:

                                     (1) Remains confidential after being acquired by
                              the commission;

                                     (2) Is not subject to discovery or introduction into
                              evidence in any criminal or civil proceedings; and

                                      (3) May only be disclosed as necessary to carry
                              out the purposes of this part.




                                      5270
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                     (e) Subsection (d) shall not prohibit a person from
                            testifying in a civil or criminal action about matters within such
                            person’s knowledge that was obtained independently from any
                            commission meeting.

                            § 37-3-811.

                                   To the extent that funds are available, the commission may
                            hire additional staff or consultants to assist the commission in
                            completing its duties.

                            § 37-3-812.

                                    Any person acting in good faith in compliance with this part
                            shall be immune from civil and criminal liability arising from such
                            action.

                            § 37-3-813.

                                   Nothing in this part shall preclude any investigations or
                            reviews to the extent authorized by other laws.

                            § 37-3-814.

                                     If, during the course of the commission’s duties under this
                            part, the commission becomes aware of any violations of the
                            criminal laws of this state by any person or agency, the co-chairs
                            of the commission shall share such information with appropriate
                            officials charged with investigating criminal matters.

                            § 37-3-815.

                                    The commission shall adopt and implement a policy
                            related to conflicts of interest, to ensure that all members avoid
                            any situation that creates an actual or perceived conflict of interest
                            related to the work of the commission.

                     SECTION 2. Tennessee Code Annotated, Section 4-29-233(a), is
              amended by inserting the following language as a new, appropriately designated
              subdivision:

                            ( ) Second look commission, created by § 37-3-803;

                     SECTION 3. This act shall take effect upon becoming a law, the public
              welfare requiring it.

      On motion, Judiciary Committee Amendment No. 1 as House Amendment No. 5 was
adopted.

       Rep. Tindell moved that House Bill No. 2765, as amended, be passed on third and final
consideration, which motion prevailed by the following vote:


                                            5271
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


       Ayes ........................................................................................... 94
       Noes............................................................................................. 0

        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper,
Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors,
Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway,
Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S,
Jones U, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock,
McCord, McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh,
Niceley, Odom, Pitts, Pruitt, Ramsey, Rich, Richardson, Roach, Rowland, Sargent, Shaw,
Shipley, Sontany, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M,
Watson, Weaver, White, Winningham, Yokley, Mr. Speaker Williams -- 94

       A motion to reconsider was tabled.


                                               JOURNAL CORRECTION

        Speaker Pro Tempore Lois DeBerry announced that Rep. Matheny requested to have
his vote on House Bill No. 2765 recorded as “aye” and have the same reflected in the vote
count/results set out in the House Journal. Without objection, it was so ordered.

                                                     SPECIAL ORDER

      Without objection, Rep. Mumpower moved that the House take up the Message
Calendar at this time as follows:

                                                 MESSAGE CALENDAR

                               HOUSE ACTION ON SENATE AMENDMENTS

       *House Bill No. 209 -- Education - As introduced, requires graduating high school
students to take a foreign language proficiency test that will provide diagnostic information to
educators. Amends TCA Title 49, Chapter 6, Part 60. by *Coley, *Brooks H. (SB1472 by
*Marrero B)

                                                    Senate Amendment No. 1

              AMEND House Bill No. 209 by deleting all language after the enacting clause
       and by substituting instead the following:

                          SECTION 1. The department of education, working with the Confucius
                 Institute at the University of Memphis and the Confucius Institute at Middle
                 Tennessee State University, shall study and assess the Hanyu Shuiping Kaoshi
                 (HSK) proficiency tests, which were developed using the latest research
                 methodology in foreign language testing for non-native speakers. The HSK tests
                 measure non-native speakers' ability to use the Chinese language in work,
                 studies and personal life situations. The department shall specifically study the
                 development of the young learners' test (YCT), which measures proficiency in
                 Chinese for students fifteen (15) years of age or younger, and its standards.


                                                               5272
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                      Such study shall be performed for the purpose of establishing a pilot
              program modeled on the development of HSK testing that will aid in the
              construction of diagnostic tools for the determination of mastery and proficiency
              in other foreign languages at the elementary and secondary levels.

                       SECTION 2. The University of Tennessee system, the board of regents
              and their institutions, working with the Confucius Institute at the University of
              Memphis and the Confucius Institute at Middle Tennessee State University, shall
              study and assess the Hanyu Shuiping Kaoshi (HSK) proficiency tests, which
              were developed using the latest research methodology in foreign language
              testing for non-native speakers. The HSK tests measure non-native speakers'
              ability to use the Chinese language in work, studies and personal life situations.
              The systems and their institutions shall specifically study the development of the
              proficiency tests for non-native speakers (HSK) and the business Chinese test
              (BCT) and their standards. Such study shall be performed for the purpose of
              establishing a pilot program modeled on the development of the HSK testing that
              will aid in the construction of diagnostic tools for the determination of mastery
              and proficiency in other foreign languages at the postsecondary level.

                     SECTION 3. This act shall take effect upon becoming a law, the public
              welfare requiring it.

      Rep. H. Brooks moved that the House nonconcur in Senate Amendment(s) No(s). 1 to
House Bill No. 209, which motion prevailed.


                          HOUSE ACTION ON SENATE MESSAGE

        *House Bill No. 270 -- Election Laws - As introduced, requires citizenship status to be
proven prior to registration to vote and requires certain procedures to ensure identity and
citizenship status prior to voting. Amends TCA Title 2. by *Watson, *Rich, *Bass, *Evans,
*Lollar, *Maggart, *Lynn, *Campfield, *Carr, *Shipley, *McCormick, *Yokley, *Weaver, *Fincher,
*Hill, *Bell, *Brooks H, *Hensley, *White, *Coley, *Brooks K, *Halford, *Roach, *Todd,
*McManus, *Ford , *Shepard, *Jones S, *Moore, *Floyd, *Coleman, *Fitzhugh, *Shaw, *Bone,
*Fraley, *Matheny, *Hackworth, *Pruitt, *Barker, *Lundberg, *Ferguson, *Dunn, *Sontany, *Litz,
*Eldridge, *Montgomery, *Sargent, *Faulkner, *Harrison, *Haynes, *Cobb T, *Dean, *Maddox,
*Winningham, *Hawk, *Marsh, *Niceley, *Swafford, *Dennis, *Williams. (SB194 by *Bunch,
*Johnson, *Gresham, *Kelsey, *Beavers, *Tracy, *Black, *Norris)

      Rep. Watson moved that the House refuse to recede from its action in nonconcurring in
Senate Amendment(s) No(s). 2, 3, 8 and 10 to House Bill No. 270, which motion prevailed.

                         CONFERENCE COMMITTEE APPOINTED
                              ON HOUSE BILL NO. 270

      Pursuant to Rule No. 73, Representative Watson moved that the Speaker appoint a
Committee of the House to meet with a like Committee of the Senate to resolve the differences
between the two bodies on House Bill No. 270, which motion prevailed.

       Speaker Pro Tempore DeBerry appointed Representatives Watson, Moore and Tindell
as the House members of the Conference Committee on House Bill No. 270.


                                            5273
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                           HOUSE ACTION ON SENATE MESSAGE

        *Senate Bill No. 440 -- Election Laws - As introduced, requires that person losing right
to vote because of a felony conviction must pay all fines and court costs imposed before right to
vote is restored. Amends TCA Title 40, Chapter 29, Part 2. by *Overbey, *Burks. (HB969 by
*McCord, *Haynes, *Lundberg, *White, *Faulkner, *Fincher)

      Rep. McCord requested that Senate Bill No. 440 be moved to the heel of the Message
Calendar.


                        HOUSE ACTION ON SENATE AMENDMENTS

        *House Bill No. 670 -- Criminal Procedure - As introduced, requires a keeper of a jail to
notify the department of homeland security by facsimile transmission or other means of
prisoners whose citizenship status in this country cannot be determined at time of arrest from
documents in the prisoner's possession or if person is in this country illegally. Amends TCA Title
40. by *Dennis, *Rich, *Evans, *Watson, *Carr, *Bell, *Haynes, *McCormick, *Coley, *Casada,
*Shipley, *Fincher, *Campfield, *Hensley, *Hill, *Coleman, *Hawk, *Eldridge, *Swafford, *Lynn,
*Brooks H, *Faulkner, *Matlock, *Halford, *Williams, *Maggart. (SB1141 by *Gresham,
*Beavers, *Tracy, *Southerland, *Watson, *Crowe, *Ramsey, *Johnson, *Ketron, *Black)

      Rep. Dennis requested that House Bill No. 670 be moved down 5 places on the
Message Calendar.


                        HOUSE ACTION ON SENATE AMENDMENTS

       House Bill No. 919 -- DUI/DWI Offenses - As introduced, permits arrest for DUI to toll
the 10 and 20 year provision between convictions for purpose of determining a multiple
offender. Amends TCA Title 55, Chapter 10. by *Watson, *Maggart, *Dennis, *Williams,
*Brooks H, *Faulkner, *Camper, *Hardaway, *Bass, *Yokley, *Evans, *Sontany, *Weaver, *Rich,
*Towns, *Cobb T. (*SB844 by *Beavers, *Black, *Faulk, *Tracy, *Gresham, *Bunch, *Johnson,
*Burks)

                                      Senate Amendment No. 3

              AMEND House Bill No. 919 by deleting all language after the enacting clause
       and by substituting instead the following:

                    SECTION 1.        Tennessee Code Annotated, Section 55-10-403, is
               amended by deleting subsection (a)(3) and substituting instead the following:

                              (3) For purposes of this section, a person who is convicted of a
                      violation of § 55-10-401 shall not be considered a repeat or multiple
                      offender and subject to the penalties prescribed in subsection (a), if ten
                      (10) or more years have elapsed between the date of the present
                      violation and the date of any immediately preceding violation of § 55-10-
                      401 that resulted in a conviction for such offense. If, however, the date of
                      a person’s violation of § 55-10-401 is within ten (10) years of the date of
                      the present violation, then the person shall be considered a multiple
                      offender and is subject to the penalties imposed upon multiple offenders
                      by the provisions of subsection (a).



                                              5274
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                     If a person is considered a multiple offender under this subdivision
                            (a)(3), then every violation of § 55-10-401 that resulted in a conviction for
                            such offense occurring within ten (10) years of the date of the
                            immediately preceding violation shall be considered in determining the
                            number of prior offenses. However, a violation occurring more than
                            twenty (20) years from the date of the instant violation shall never be
                            considered a prior offense for that purpose.

                         SECTION 2. This act shall take effect on July 1, 2010, the public welfare
                 requiring it and shall only apply to an offender if at least one violation of § 55-10-
                 401 occurs on or after such date.

       Rep. Watson moved that the House concur in Senate Amendment(s) No(s). 3 to House
Bill No. 919, which motion prevailed by the following vote:

       Ayes ........................................................................................... 93
       Noes............................................................................................. 0

        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper, Curtiss,
Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors, Ferguson,
Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway, Harmon,
Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S, Jones U,
Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock, McCord,
McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh, Niceley,
Odom, Pitts, Pruitt, Ramsey, Rich, Richardson, Roach, Rowland, Sargent, Shaw, Shipley,
Sontany, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson,
Weaver, White, Winningham, Yokley, Mr. Speaker Williams -- 93

       A motion to reconsider was tabled.


                               HOUSE ACTION ON SENATE AMENDMENTS

       *House Bill No. 1196 -- Sheriffs - As introduced, adds to qualifications to be a sheriff
that person must have five years of full-time POST-certified law enforcement experience and
must have resided in county for one year prior to qualifying date. Amends TCA Title 8, Chapter
8, Part 1. by *Maggart, *Watson, *Bass, *Faulkner, *Matheny, *Todd, *Yokley, *Eldridge,
*McDonald, *Fraley, *Rich, *Dean, *Cobb T. (SB1220 by *Burchett)

                                                    Senate Amendment No. 2

              AMEND House Bill No. 1196 by deleting all of the language after the enacting
       clause and by substituting instead the following:

                         SECTION 1. Tennessee Code Annotated, Section 8-8-102(a)(8), is
                 amended by deleting the subdivision in its entirety and by substituting instead the
                 following:




                                                               5275
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                          (8) Be free from any disorder as described in the current edition
                  of the Diagnostic and Statistical Manual of Mental Disorders of the
                  American Psychiatric Association that would, in the professional judgment
                  of the examiner, impair the subject's ability to perform any essential
                  function of the job or would cause the subject to pose a direct threat to
                  public safety. An applicant must be certified as meeting these criteria by
                  a Tennessee licensed health care provider qualified in the psychiatric or
                  psychological fields.

                   SECTION 2. Tennessee Code Annotated, Section 8-8-102(a)(9), is
           amended by deleting the subdivision in its entirety and by substituting instead the
           following:

                          (9)

                                 (A)

                                         (i) Possess a current and valid peace officer
                                 standards and training commission certification as issued
                                 by the peace officer standards and training commission as
                                 provided in § 38-8-107, and as defined in title 38, chapter
                                 8, within twelve (12) months prior to the close of
                                 qualification for the election for the office of sheriff; or

                                        (ii) Have at least three (3) years of full-time
                                 experience as a peace officer standards and training
                                 commission certified law enforcement officer within the last
                                 ten (10) years; or

                                        (iii) Have the equivalent state or federal law
                                 enforcement experience within the last ten (10) years.

                                  (B) The provisions of this subdivision (a)(9) shall not apply
                          in any county having a metropolitan form of government where the
                          sheriff does not have law enforcement powers.

                   SECTION 3.     Tennessee Code Annotated, Section 8-8-102(d), is
           amended by deleting the subsection in its entirety and by substituting instead the
           following:

                          (d)

                                  (1) Any person elected to the office of sheriff who does not
                          possess a current and valid peace officer standards and training
                          commission certification issued by the peace officer standards and
                          training commission or training that is approved by or meets the
                          standard on minimum hours required to be certified by the peace
                          officer standards and training commission shall be required to
                          enroll, within six (6) months after taking office, in a remedial
                          training program offered by the Tennessee law enforcement
                          training academy.


                                          5276
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                               Any such sheriff who does not fulfill the obligations of this
                                       training program shall lose the power of arrest. Any cost
                                       associated with obtaining such peace officer standards and
                                       training certification shall be paid by the county. For such person
                                       to qualify for the office of sheriff in any subsequent election, the
                                       person must have completed such training program and have
                                       obtained peace officer standards and training certification during
                                       such person's first term of office as sheriff.

                                                (2) As used in this subsection (d), “certification” or
                                       “certified” means a current and valid peace officer certification
                                       issued by the peace officer standards and training commission or
                                       training that is approved by or meets the standard on minimum
                                       hours required to be certified by the peace officer standards and
                                       training commission.

                        SECTION 4. This act shall take effect upon becoming law, the public
                 welfare requiring it.

        Rep. Maggart moved that the House concur in Senate Amendment(s) No(s). 2 to House
Bill No. 1196.

        Rep. Casada moved the previous question on the motion to concur, which motion
prevailed by the following vote:

       Ayes ........................................................................................... 69
       Noes........................................................................................... 22

        Representatives voting aye were: Barker, Bass, Bone, Borchert, Brooks H, Brooks K,
Carr, Casada, Cobb J, Cooper, Dean, DeBerry J, Dennis, Evans, Faulkner, Fincher, Fitzhugh,
Floyd, Ford, Fraley, Gilmore, Hackworth, Hardaway, Harmon, Harrison, Harwell, Hawk, Hill,
Johnson C, Jones S, Jones U, Lundberg, Maddox, Maggart, Marsh, Matheny, Matlock, McCord,
McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh, Odom,
Pitts, Pruitt, Ramsey, Rich, Richardson, Roach, Rowland, Sargent, Shaw, Shipley, Sontany,
Stewart, Tidwell, Tindell, Todd, Turner J, Turner M, Watson, White, Winningham, Yokley, Mr.
Speaker Williams -- 69

        Representatives voting no were: Armstrong, Bell, Camper, Campfield, Cobb T, Coleman,
Curtiss, DeBerry L, Dunn, Eldridge, Favors, Ferguson, Halford, Haynes, Hensley, Johnson P,
Kernell, Litz, Lynn, Niceley, Swafford, Weaver -- 22

       Rep. Maggart moved that the House concur in Senate Amendment(s) No(s). 2 to House
Bill No. 1196, which motion failed by the following vote:

       Ayes ........................................................................................... 38
       Noes........................................................................................... 48
       Present and not voting.................................................................. 1

        Representatives voting aye were: Bass, Bone, Brooks H, Brooks K, Carr, Casada,
Curtiss, Dean, Dennis, Evans, Faulkner, Fincher, Floyd, Fraley, Hardaway, Harwell, Johnson C,
Lundberg, Maggart, Matlock, McDaniel, McDonald, Moore, Mumpower, Ramsey, Rich,
Richardson, Roach, Rowland, Shipley, Sontany, Stewart, Tindell, Todd, Turner J, Watson,
White, Yokley -- 38



                                                               5277
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


       Representatives voting no were: Armstrong, Barker, Bell, Borchert, Brown, Camper,
Campfield, Cobb J, Cobb T, Coleman, Cooper, DeBerry J, DeBerry L, Dunn, Eldridge, Favors,
Ferguson, Fitzhugh, Gilmore, Halford, Harrison, Hawk, Haynes, Hensley, Hill, Johnson P, Jones
U, Kernell, Litz, Lynn, Maddox, Marsh, Matheny, McCord, McCormick, McManus, Montgomery,
Naifeh, Niceley, Odom, Pitts, Sargent, Shaw, Swafford, Tidwell, Turner M, Weaver, Winningham
-- 48

       Representatives present and not voting were: Harmon -- 1

       Therefore, the motion to concur failed.


                               HOUSE ACTION ON SENATE AMENDMENTS

         *House Joint Resolution No. 1207 -- Memorials, Sports - Jackson County High School
girls' basketball team, Class A state champions. by *Winningham.

                                                    Senate Amendment No. 1

             AMEND House Joint Resolution No. 1207 By deleting the first resolving clause
       and substituting instead the following:

                        BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE
                 ONE HUNDRED SIXTH GENERAL ASSEMBLY OF THE STATE OF
                 TENNESSEE, THE SENATE CONCURRING, that we hereby honor and
                 congratulate Coach Jim Brown and the Jackson County High School girls
                 basketball team upon winning the 2010 TSSAA Class A Girls Basketball State
                 Championship and wish them success in every future endeavor.

      Rep. Winningham moved that the House concur in Senate Amendment(s) No(s). 1 to
House Joint Resolution No. 1207, which motion prevailed by the following vote:

       Ayes ........................................................................................... 93
       Noes............................................................................................. 0

        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper, Curtiss,
Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors, Ferguson,
Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway, Harmon,
Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S, Jones U,
Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock, McCord,
McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh, Niceley,
Odom, Pitts, Pruitt, Ramsey, Rich, Richardson, Roach, Rowland, Sargent, Shaw, Shipley,
Sontany, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson,
Weaver, White, Winningham, Yokley, Mr. Speaker Williams -- 93

       A motion to reconsider was tabled.




                                                               5278
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                        HOUSE ACTION ON SENATE AMENDMENTS

          House Bill No. 1338 -- Highways, Roads and Bridges - As introduced, increases time
for filing inventory of county highway machinery, equipment, tools, supplies, and materials from
60 to 75 days from date chief administrative officer takes office. Amends TCA Title 54. by
*McDonald, *Harmon, *Dean, *Fraley, *Lynn, *Maggart, *Armstrong, *Fitzhugh. (*SB401 by
*Black, *Tracy, *Ketron, *Tate)

                                      Senate Amendment No. 1

              AMEND House Bill No. 1338 By adding the following language to precede the
       enacting clause:

                     WHEREAS, Chapter 35 of the Public Acts of 2005 designated State
              Route 840 in its entirety, from its intersection with Interstate Highway 40 West in
              Dickson County to its intersection with Interstate Highway 40 East in Wilson
              County, including segments of such highway still under construction, as the
              "Tennessee National Guard Parkway" as a lasting tribute to the brave men and
              women who helped establish the time-honored tradition of Tennessee
              volunteerism, as well as those who continue this proud tradition today, as
              members of the Tennessee National Guard; and

                       WHEREAS, in keeping with the spirit of such act, the General Assembly
              finds it imperative to limit future designations on State Route 840 to honor the
              memory of those courageous members of the Tennessee National Guard who
              made the ultimate sacrifice of their lives while engaged in active duty; and

                       WHEREAS, Chief Warrant Officer 2 Billie Jean Grinder, of Gallatin, gave
              her life in service to her country on February 21, 2010, in Qayyarah, Iraq, as pilot
              of an OH-58D Kiowa Warrior helicopter as a result of a hard landing. Also killed
              was her co-pilot, Captain Marcus R. Alford, and

                    WHEREAS, CW2 Grinder was the first female casualty of the Tennessee
              Army National Guard, as confirmed by the Department of Defense,

                     WHEREAS, Captain Marcus Ray Alford gave his life in service to his
              country on February 21, 2010, in Qayyarah, Iraq, as co-pilot of an OH-58D Kiowa
              Warrior helicopter as a result of a hard landing. Also killed was his co-pilot, Chief
              Warrant Officer 2 Billie Jean Grinder, and

                     WHEREAS, Staff Sergeant Michael Wayne Tinsley, Sr., gave his life in
              service to his country on February 10, 2010, at Camp Shelby, in Hattiesburg, MS,
              awaiting deployment to Iraq along with his son, Michael W. Tinsley, Jr., now,
              therefore,

              AND FURTHER AMEND by deleting all language after the enacting clause and
       by substituting instead the following language:




                                              5279
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                   SECTION 1. Notwithstanding any provision of law to the contrary, it is the
           intent of this General Assembly to name an appropriate interchange, bridge or
           bridges on State Route 840 (Tennessee National Guard Parkway) to honor the
           memory of Chief Warrant Officer 2 Billie Jean Grinder, Troop C 1/230th Air
           Calvary, Tennessee Army National Guard, a valiant soldier who gave her life in
           the line of duty while serving in Iraq.

                  SECTION 2. To effectuate the purposes of this act, the department of
           transportation shall identify an appropriate interchange, bridge or bridges on
           State Route 840 to bear Chief Warrant Officer 2 Billie Jean Grinder's honorable
           name. The final decision in selecting the appropriate interchange, bridge or
           bridges shall be made in consultation with the representative and senator
           representing the district in which CW2 Grinder resided.

                    SECTION 3. The department of transportation shall erect suitable signs
           or affix suitable markers designating the selected interchange, bridge or bridges
           as the "CW2 Billie Jean Grinder Memorial Bridge (or Interchange)". The cost of
           such signage shall be funded in accordance with Tennessee Code Annotated, §
           54-1-133.

                   SECTION 4. Notwithstanding any provision of law to the contrary, it is the
           intent of this General Assembly to name an appropriate interchange, bridge or
           bridges on State Route 840 (Tennessee National Guard Parkway) to honor the
           memory of Sergeant David Clay Prescott, Jr, 2/278th Armored Calvary
           Regiment, Tennessee Army National Guard, a valiant soldier from Murfreesboro
           who lost his life while serving his country.

                    SECTION 5. To effectuate the purposes of this act, the department of
           transportation shall identify an appropriate interchange, bridge or bridges on
           State Route 840 to bear Sergeant David Clay Prescott, Jr.'s honorable name.
           The final decision in selecting the appropriate interchange, bridge or bridges shall
           be made in consultation with the representative and senator representing the
           district in which Sergeant Prescott resided.

                    SECTION 6. The department of transportation shall erect suitable signs
           or affix suitable markers designating the selected interchange, bridge or bridges
           as the "Sergeant David Clay Prescott, Jr, Bridge (or Interchange)" The cost of
           such signage shall be funded in accordance with Tennessee Code Annotated, §
           54-1-133.

                  SECTION 7. Tennessee Code Annotated, Title 54, Chapter 5, Part 1, is
           amended by adding the following language as a new, appropriately designated
           section:

                          § 54-5-144.

                                  Any segment or structure named on State Route 840, the
                          "Tennessee National Guard Parkway" as designated by Chapter
                          35 of the Public Acts of 2005, shall be dedicated as a memorial to
                          a fallen Tennessee National Guardsman.



                                          5280
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                    SECTION 8. Notwithstanding any provision of law to the contrary, it is the
            intent of this General Assembly to name an appropriate interchange, bridge or
            bridges on State Route 840 (Tennessee National Guard Parkway) to honor the
            memory of Captain Marcus Ray Alford, Tennessee Army National Guard, a
            valiant soldier who gave his life in the line of duty while serving in Iraq.

                   SECTION 9. To effectuate the purposes of this act, the department of
            transportation shall identify an appropriate interchange, bridge or bridges on
            State Route 840 to bear Captain Marcus Ray Alford's honorable name. The final
            decision in selecting the appropriate interchange, bridge or bridges shall be
            made in consultation with the representative and senator representing the district
            in which Captain Alford resided.

                     SECTION 10. The department of transportation shall erect suitable signs
            or affix suitable markers designating the selected interchange, bridge or bridges
            as the "Captain Marcus Ray Alford Memorial Bridge". The cost of such signage
            shall be funded in accordance with Tennessee Code Annotated, § 54-1-133.

                    SECTION 11. Notwithstanding any provision of law to the contrary, it is
            the intent of this General Assembly to name an appropriate interchange, bridge
            or bridges on State Route 840 (Tennessee National Guard Parkway) to honor the
            memory of Staff Sergeant Michael Wayne Tinsley, Sr., Tennessee Army National
            Guard, a valiant soldier who gave his life in the line of duty while awaiting
            deployment to Iraq.

                   SECTION 12. To effectuate the purposes of this act, the department of
            transportation shall identify an appropriate interchange, bridge or bridges on
            State Route 840 to bear Staff Sergeant Tinsley's honorable name. The final
            decision in selecting the appropriate interchange, bridge or bridges shall be
            made in consultation with the representative and senator representing the district
            in which SSG Tinsley resided.

                     SECTION 13. The department of transportation shall erect suitable signs
            or affix suitable markers designating the selected interchange, bridge or bridges
            as the " Staff Sergeant Michael Wayne Tinsley, Sr., Memorial Bridge". The cost
            of such signage shall be funded in accordance with Tennessee Code Annotated,
            § 54-1-133.

                   SECTION 14. The erection of signs pursuant to this act shall be within
            the guidelines prescribed by the Manual on Uniform Traffic Control Devices.

                    SECTION 15. Sections 11-13 of this act shall become operative only if
            the federal highway administrator advises the commissioner of transportation in
            writing that the provisions of this act shall not render Tennessee in violation of
            federal laws and regulations and subject to penalties prescribed therein.

                   SECTION 16. This act shall take effect upon becoming a law, the public
            welfare requiring it.

      Rep. McDonald moved that the House concur in Senate Amendment(s) No(s). 1 to
House Bill No. 1338, which motion prevailed by the following vote:


                                           5281
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


       Ayes ........................................................................................... 94
       Noes............................................................................................. 0

        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper,
Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors,
Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway,
Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S,
Jones U, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock,
McCord, McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh,
Niceley, Odom, Pitts, Pruitt, Ramsey, Rich, Richardson, Roach, Rowland, Sargent, Shaw,
Shipley, Sontany, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M,
Watson, Weaver, White, Winningham, Yokley, Mr. Speaker Williams -- 94

       A motion to reconsider was tabled.


                               HOUSE ACTION ON SENATE AMENDMENTS

        House Bill No. 2052 -- Motor Vehicles, Titling and Registration - As introduced, requires
proof of valid driver license before issuance of registration or renewal of registration for a motor
vehicle. Amends TCA Title 55, Chapter 4, Part 1. by *Rowland, *Fitzhugh, *Coleman, *Coley,
*Faulkner. (*SB1686 by *Ketron)

                                                    Senate Amendment No. 1

              AMEND House Bill No. 2052 By deleting all of the language after the enacting
       clause and by substituting instead the following:

                      SECTION 1. Tennessee Code Annotated, Section 55-4-105(a), is
                 amended by adding the following new subdivision thereto:

                                    (3)(A) Any applicant who applies for registration who was a
                            resident of the county in the previous year or years and was liable for and
                            failed to pay the applicable wheel tax shall, for such year or years, be
                            liable for and pay all prior years’ wheel taxes prior to being issued such
                            registration. This subdivision shall not apply to licensed motor vehicle
                            dealers, financial institutions or businesses and applicants engaged in the
                            rental of motor vehicles, trucks and trailers for periods of thirty-one (31)
                            days or less.

                                               (B) The provisions of this subdivision (a)(3) shall only apply
                                       in any county having a population of not less than one hundred
                                       eighty-two thousand (182,000) nor more than one hundred eighty-
                                       two thousand one hundred (182,100) according to the 2000
                                       federal census or any subsequent federal census.

                         SECTION 2. This act shall take effect July 1, 2010, the public welfare
                 requiring it.




                                                               5282
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


       Rep. Rowland moved that the House concur in Senate Amendment(s) No(s). 1 to House
Bill No. 2052, which motion prevailed by the following vote:

       Ayes ........................................................................................... 91
       Noes............................................................................................. 0
       Present and not voting.................................................................. 3

       Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Curtiss, Dean,
DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors, Ferguson, Fincher,
Fitzhugh, Floyd, Ford, Fraley, Hackworth, Halford, Hardaway, Harmon, Harrison, Harwell,
Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S, Jones U, Kernell, Litz, Lollar,
Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock, McCord, McCormick, McDaniel,
McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh, Niceley, Odom, Pitts, Pruitt,
Ramsey, Rich, Richardson, Roach, Rowland, Sargent, Shaw, Shipley, Sontany, Stewart,
Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White,
Winningham, Yokley, Mr. Speaker Williams -- 91

       Representatives present and not voting were: Brown, Cooper, Gilmore -- 3

       A motion to reconsider was tabled.


                               HOUSE ACTION ON SENATE AMENDMENTS

        House Bill No. 2187 -- Tennessee Housing Development Agency - As introduced,
requires agency to develop and implement a system of county needs scores to, among other
things, ensure that suburban communities have equal opportunity and awards similar to urban
communities. Amends TCA Title 13, Chapter 23. by *Brooks K. (*SB2033 by *Bunch)

                                                    Senate Amendment No. 3

              AMEND House Bill No. 2187 by adding the following new section immediately
       preceding the last section and by renumbering the subsequent section accordingly:

                       SECTION ___. Tennessee Code Annotated, Section 13-23-107, is
                 amended by adding the following language as a new, appropriately designated
                 subsection:

                                       ()

                                               (1) In addition to the restrictions prescribed in § 13-23-
                                       113, no appointed member of the board of directors shall apply for
                                       or receive funds from an agency grant while serving as a member
                                       of the board, either directly or on behalf of any company with
                                       whom such person is an officer or an equity owner having an
                                       ownership interest in such company. The provisions of this
                                       subsection shall also apply to a relative of an appointed member
                                       of the board of directors. As used in this subsection, "relative"
                                       means spouse, parent, sibling or child.



                                                               5283
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                    (2)    A member who violates the provisions of this
                              subsection shall be removed from the board by the governor.

                                      (3) Any agency grant awarded in violation of this section
                              shall be void and of no effect, and all funds received pursuant to
                              such grant shall be returned to the agency.

      Rep. K. Brooks moved that the House nonconcur in Senate Amendment(s) No(s). 3 to
House Bill No. 2187, which motion prevailed.


                        HOUSE ACTION ON SENATE AMENDMENTS

        *House Bill No. 670 -- Criminal Procedure - As introduced, requires a keeper of a jail to
notify the department of homeland security by facsimile transmission or other means of
prisoners whose citizenship status in this country cannot be determined at time of arrest from
documents in the prisoner's possession or if person is in this country illegally. Amends TCA Title
40. by *Dennis, *Rich, *Evans, *Watson, *Carr, *Bell, *Haynes, *McCormick, *Coley, *Casada,
*Shipley, *Fincher, *Campfield, *Hensley, *Hill, *Coleman, *Hawk, *Eldridge, *Swafford, *Lynn,
*Brooks H, *Faulkner, *Matlock, *Halford, *Williams, *Maggart. (SB1141 by *Gresham,
*Beavers, *Tracy, *Southerland, *Watson, *Crowe, *Ramsey, *Johnson, *Ketron, *Black)

                                      Senate Amendment No. 6

              AMEND House Bill No. 670 by deleting all language after the enacting clause
       and by substituting instead the following:

                    SECTION 1. Tennessee Code Annotated, Title 40, Chapter 7, Part 1, is
               amended by adding a new section thereto:

                              § 40-7-123.

                                       (a) When a person is arrested for any offense and is
                              confined, for any period, in the jail of the county or any
                              municipality, a reasonable effort to review documents in the
                              possession of the prisoner shall be made to assess the citizenship
                              status of such person. If the keeper of the jail cannot determine
                              the lawful status of the prisoner from the documents in the
                              possession of such prisoner or any other available information, or
                              if it is determined that the person is not lawfully present in the
                              United States, pursuant to the federal Immigration and
                              Naturalization Act, compiled in 8 U.S.C §1101 et seq., the keeper
                              of the jail or other officer shall, within three (3) business days of
                              the person’s arrest, send a copy of the person’s booking records
                              to the appropriate field office of the Immigration and Customs
                              Enforcement Detention and Removal Operations by facsimile
                              transmission, electronic mail, or other appropriate means.

                                     (b) The provisions of this section shall not apply to any
                              county or municipality that has entered into or enters into a
                              memorandum of understanding with the United States department
                              of homeland security concerning enforcement of federal
                              immigration laws.



                                              5284
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                  SECTION 2. This act shall take effect upon becoming a law, the public
           welfare requiring it.

                                 Senate Amendment No. 10

            AMEND House Bill No. 670 by adding the following new section immediately
     preceding the last section and by renumbering the subsequent section accordingly:

                  Section ___. The provisions of this act shall not apply in any county
           having a population of not less than three hundred seven thousand eight hundred
           (307,800) nor more than three hundred seven thousand nine hundred (307,900)
           according to the 2000 federal census or any subsequent federal census.

                                 Senate Amendment No. 11

            AMEND House Bill No. 670 by adding the following new section immediately
     preceding the last section and by renumbering the subsequent section accordingly:

                  SECTION ___. The provisions of this act shall not apply in any county
           having a population of not less than three hundred eighty-two thousand
           (382,000) nor more than three hundred eighty-two thousand one hundred
           (382,100) according to the 2000 federal census or any subsequent federal
           census.

                                 Senate Amendment No. 14

            AMEND House Bill No. 670 by adding the following new section immediately
     preceding the last section and by renumbering the subsequent section accordingly:

                   SECTION ___. The provisions of this act shall not apply in any county
           having a population of not less than twenty seven thousand seven hundred
           (27,700) nor more than twenty seven thousand eight hundred (27,800) according
           to the 2000 federal census or any subsequent federal census.

                                 Senate Amendment No. 2

            AMEND House Bill No. 670 by adding the following new section immediately
     preceding the last section and by renumbering the subsequent section accordingly:

                  SECTION ___. The provisions of this act shall not apply in any county
           having a population in excess of eight hundred thousand (800,000) according to
           the 2000 federal census or any subsequent federal census.

                                 Senate Amendment No. 3

            AMEND House Bill No. 670 by adding the following new section immediately
     preceding the last section and by renumbering the subsequent section accordingly:

                   SECTION ___. The provisions of this act shall not apply in counties
           having a population, according to the 2000 federal census or any subsequent
           federal census of:


                                        5285
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                         not less than:                        nor more than:
                         43,100                                43,200
                         39,900                                40,000
                         29,400                                29,450
                         22,200                                22,300
                         17,900                                18,000
                         11,300                                11,368

                                  Senate Amendment No. 4

            AMEND House Bill No. 670 by adding the following new section immediately
     preceding the last section and by renumbering the subsequent section accordingly:

                  SECTION ___. The provisions of this act shall not apply in any county
           having a population of not less than 134,700 nor more than 134,800 according to
           the 2000 federal census or any subsequent federal census.

                                  Senate Amendment No. 5

            AMEND House Bill No. 670 by adding the following new section immediately
     preceding the last section and by renumbering the subsequent section accordingly:

                   SECTION ___. The provisions of this act shall not apply in counties
           having a population, according to the 2000 federal census or any subsequent
           federal census of:

                         not less than:                        nor more than:
                         35,900                                36,000
                          8,050                                 8,100

                                  Senate Amendment No. 9

            AMEND House Bill No. 670 by adding the following new section immediately
     preceding the last section and by renumbering the subsequent section accordingly:

                 Section ___. The provisions of this act shall not apply in counties having
           a population, according to the 2000 federal census or any subsequent federal
           census of:

                         not less than                         nor more than
                         29,460                                29,550
                         48,125                                48,200
                         91,800                                91,900

                                 Senate Amendment No. 12

            AMEND House Bill No. 670 by adding the following new section immediately
     preceding the last section and by renumbering the subsequent section accordingly:

                  Section ___. The provisions of this act shall not apply in any county
           having a population of not less than fifty-four thousand four hundred (54,400) nor
           more than fifty-four thousand five hundred (54,500) according to the 2000 federal
           census or any subsequent federal census.



                                          5286
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                 Senate Amendment No. 13

            AMEND House Bill No. 670 by adding the following new section immediately
     preceding the last section and by renumbering the subsequent section accordingly:

                  Section ___. The provisions of this act shall not apply in any county
           having a population of not less than one hundred thirty thousand four hundred
           (130,400) nor more than one hundred thirty thousand five hundred (130,500)
           according to the 2000 federal census or any subsequent federal census.

                                 Senate Amendment No. 23

            AMEND House Bill No. 670 by adding the following new section immediately
     preceding the last section and by renumbering the subsequent section accordingly:

                 Section ___. The provisions of this act shall not apply in counties having
           a population, according to the 2000 federal census or any subsequent federal
           census of:

                         not less than                       nor more than
                         105,800                             105,900
                          71,100                              71,200

                                 Senate Amendment No. 28

            AMEND House Bill No. 670 by adding the following new section immediately
     preceding the last section and by renumbering the subsequent section accordingly:

                  SECTION ___. The provisions of this act shall not apply in any county
           having a population of not less than 134,700 nor more than 134,800 according to
           the 2000 federal census or any subsequent federal census.

                                 Senate Amendment No. 29

            AMEND House Bill No. 670 by adding the following new section immediately
     preceding the last section and by renumbering the subsequent section accordingly:

                 Section ___. The provisions of this act shall not apply in counties having
           a population, according to the 2000 federal census or any subsequent federal
           census of:

                         not less than                       nor more than
                         35,900                              36,000
                          8,050                               8,100

                                 Senate Amendment No. 32

            AMEND House Bill No. 670 by adding the following new section immediately
     preceding the last section and by renumbering the subsequent section accordingly:




                                         5287
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                     SECTION ___. The provisions of this act shall not apply in any county
              having a population of not less than one hundred seven thousand one hundred
              (107,100) nor more than one hundred seven thousand two hundred (107,200)
              according to the 2000 federal census or any subsequent federal census.

        Rep. Dennis moved that the House nonconcur in Senate Amendment(s) No(s). 6, 10,
11, 14, 2, 3, 4, 5, 9, 12, 13, 23, 28, 29, and 32 to House Bill No. 670, which motion prevailed.

                                     Senate Amendment No. 24

              AMEND House Bill No. 670 by deleting all language after the enacting clause
       and by substituting instead the following:

                   SECTION 1. Tennessee Code Annotated, Title 40, Chapter 7, Part 1, is
              amended by adding a new section thereto:

                             § 40-7-123.

                                     (a) The Tennessee peace officer standards and training
                             commission shall develop a standardized written procedure for
                             verifying the citizenship status of individuals who are arrested,
                             booked, or confined for any period in a county or municipal jail or
                             detention facility and report to the appropriate federal officials
                             those individuals who may be in violation of the Immigration and
                             Naturalization Act, as compiled in 8 U.S.C §1101 et seq.

                                      (b) When a person is arrested, booked or confined for any
                             period in the jail of the county or any municipality, the keeper of
                             the jail shall utilize the above-referenced procedure to verify the
                             citizenship status of each arrested, booked, or otherwise confined
                             individual and report those individuals who are determined to be in
                             violation of the Immigration and Naturalization Act, as compiled in
                             8 U.S.C §1101 et seq., to the appropriate federal officials.

                                     (c) The provisions of this section shall not apply to any
                             county or municipality that has entered into and is operating under
                             a memorandum of understanding with the United States
                             department of homeland security concerning enforcement of
                             federal immigration laws.

                     SECTION 2. This act shall take effect on January 1, 2011, the public
              welfare requiring it.

                                   Senate Amendment No. 1 to 24

            AMEND House Bill No. 670 By deleting subsection (b) of § 40-7-123, as
       amended, and by substituting instead the following language:



                                             5288
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                           (b) When a person is arrested, booked or confined for any period in the
                 jail of the county or any municipality, the keeper of the jail shall utilize the above-
                 referenced procedure to verify the citizenship status of each arrested, booked, or
                 otherwise confined individual and report those individuals to the appropriate
                 federal officials if the keeper of the jail determines that the individual is in
                 violation of the Immigration and Naturalization Act, as compiled in 8 U.S.C §1101
                 et seq., or if such status cannot be determined.

                                                Senate Amendment No. 3 to 24

              AMEND House Bill No. 670 By adding the following as a new, appropriately
       designated subsection in Section 1 of the bill as amended:

                        (_) The provisions of this section shall not apply to any county or
                 municipality while it participates in the U.S. Immigration and Customs
                 Enforcement Criminal Alien Program (CAP) or the state Criminal Alien
                 Assistance Program.

                                                   Senate Amendment No. 25

                AMEND House Bill No. 670 By deleting the language "appropriate federal
       officials" wherever it appears in the amendatory language of Section 1 of Senate
       Amendment No. 24 with drafting code (#018939) and substituting instead the language
       "appropriate Immigration and Customs Enforcement Detention and Removal Operations
       field office"

                                                   Senate Amendment No. 30

              AMEND House Bill No. 670 by deleting the language "or the state Criminal Alien
       Assistance Program" in the amendatory language of SECTION 1 of the bill as amended.

     Rep. Dennis moved that the House concur in Senate Amendment(s) No(s). 24 as
amended, 25 and 30 to House Bill No. 670, which motion prevailed by the following vote:

       Ayes ........................................................................................... 84
       Noes............................................................................................. 3

        Representatives voting aye were: Armstrong, Barker, Bell, Borchert, Brooks H, Brooks
K, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper, Curtiss, Dean,
DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors, Ferguson, Fincher, Floyd, Ford,
Fraley, Hackworth, Halford, Hardaway, Harmon, Harrison, Harwell, Hawk, Haynes, Hensley,
Hill, Johnson C, Johnson P, Jones S, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart,
Marsh, Matheny, Matlock, McCord, McCormick, McDaniel, McDonald, McManus, Montgomery,
Moore, Mumpower, Naifeh, Niceley, Odom, Pruitt, Ramsey, Rich, Richardson, Roach, Rowland,
Sargent, Shipley, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson,
Weaver, White, Winningham, Yokley, Mr. Speaker Williams -- 84

       Representatives voting no were: Bone, Pitts, Shaw -- 3

       A motion to reconsider was tabled.



                                                               5289
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                          HOUSE ACTION ON SENATE MESSAGE

        Senate Bill No. 2418 -- Administrative Procedure (UAPA) - As introduced, removes
authority of the government operations committees to stay the running of the period between
the time a rule is filed with the secretary and the rule's effective date. Amends TCA Title 4,
Chapter 5. by *Watson, *Johnson. (*HB2446 by *Lynn)

                          CONFERENCE COMMITTEE APPOINTED
                               ON SENATE BILL NO. 2418

       Pursuant to Rule No. 73, Representative Lynn acceded to the request of the Senate and
moved that the Speaker appoint a Committee of the House to meet with a like Committee of the
Senate to resolve the differences between the two bodies on Senate Bill No. 2418, which
motion prevailed.

       Speaker Pro Tempore DeBerry appointed Representatives Lynn, Odom and Haynes as
the House members of the Conference Committee on Senate Bill No. 2418.


                          HOUSE ACTION ON SENATE MESSAGE

      *House Bill No. 2452 -- State Government - As introduced, requires joint evaluation
committees to meet at least quarterly. Amends TCA Title 4, Chapter 29. by *Lynn. (SB2474 by
*Watson, *Johnson)

                                    BILL HELD ON DESK

        Rep. Lynn moved that House Bill No. 2452 be held on the Clerk’s desk, which motion
prevailed.


                            MESSAGE CALENDAR, CONTINUED

                        HOUSE ACTION ON SENATE AMENDMENTS

        *House Bill No. 2454 -- Administrative Procedure (UAPA) - As introduced, continues
certain permanent rules filed with secretary of state after January 1, 2009. Amends TCA Title 4,
Chapter 5. by *Lynn. (SB2472 by *Watson, *Johnson)

                                      Senate Amendment No. 1

              AMEND House Bill No. 2454 by adding the following language at the beginning
       of subsection (a) of SECTION 1:

                      Except as provided in subsection (c),

            AND FURTHER AMEND by adding the following as a new subsection to the
       amendatory language of SECTION 1:




                                             5290
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                           (c) Notwithstanding the provisions of subsection (a), or any provision of
                 title 4, chapter 5, part 2 to the contrary, the following rules filed in the office of the
                 secretary of state by the Tennessee board of nursing on November 18, 2009,
                 relative to renewal fees for registered nurses and for licensed practical nurses
                 shall expire on the effective date of this act:

                                       ( ) Tennessee Board of Nursing, Rule 1000-1-.12(e); and

                                       ( ) Tennessee Board of Nursing, Rule 1000-2-.12(e).

                                                    Senate Amendment No. 2

              AMEND House Bill No. 2454 by adding the following new subdivision at the end
       of subsection (c) in SECTION 1 of the bill as amended:

                            ( ) Child Support Services Division, Rule 1240-2-5-.13(3)(a)(1).

      Rep. Lynn moved that the House concur in Senate Amendment(s) No(s). 1 and 2 to
House Bill No. 2454.

      After further discussion, Rep. Lynn moved to withdraw the motion to concur in Senate
Amendment(s) No(s). 1 and 2 to House Bill No. 2454, which motion prevailed by the following
vote:

       Ayes ........................................................................................... 78
       Noes........................................................................................... 12

        Representatives voting aye were: Armstrong, Barker, Bass, Bone, Borchert, Brooks H,
Brooks K, Camper, Carr, Casada, Cobb T, Coleman, Cooper, Curtiss, Dean, DeBerry J,
DeBerry L, Dunn, Eldridge, Faulkner, Favors, Ferguson, Fincher, Fitzhugh, Floyd, Fraley,
Gilmore, Hackworth, Halford, Hardaway, Harmon, Harrison, Haynes, Hensley, Hill, Johnson C,
Johnson P, Jones S, Jones U, Kernell, Litz, Lollar, Maddox, Marsh, Matheny, McCord,
McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Naifeh, Niceley, Odom, Pitts,
Pruitt, Ramsey, Rich, Richardson, Sargent, Shaw, Shipley, Sontany, Stewart, Swafford, Tidwell,
Tindell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Winningham, Yokley, Mr.
Speaker Williams -- 78

      Representatives voting no were: Bell, Campfield, Cobb J, Dennis, Evans, Ford, Hawk,
Lundberg, Maggart, Matlock, Roach, Rowland -- 12

       Thereupon, Rep. Lynn moved that the House nonconcur in Senate Amendment(s)
No(s). 1 and 2 to House Bill No. 2454, which motion prevailed.


                                   HOUSE ACTION ON SENATE MESSAGE

       *House Bill No. 2455 -- Sunset Laws - As introduced, extends state board for licensing
contractors, June 30, 2014. Amends TCA Title 4, Chapter 29 and Title 62, Chapter 6. by *Lynn.
(SB2430 by *Watson, *Johnson)

      Rep. Lynn moved that the House refuse to recede from its action in nonconcurring in
Senate Amendment(s) No(s). 2 to House Bill No. 2455, which motion prevailed.




                                                               5291
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                          CONFERENCE COMMITTEE APPOINTED
                               ON HOUSE BILL NO. 2455

      Pursuant to Rule No. 73, Representative Lynn moved that the Speaker appoint a
Committee of the House to meet with a like Committee of the Senate to resolve the differences
between the two bodies on House Bill No. 2455, which motion prevailed.

       Speaker Pro Tempore DeBerry appointed Representatives Lynn, Odom and Haynes as
the House members of the Conference Committee on House Bill No. 2455.


                           HOUSE ACTION ON SENATE MESSAGE

      *House Bill No. 2462 -- Sunset Laws - As introduced, extends Tennessee medical
examiner advisory council, June 30, 2013. Amends TCA Title 4, Chapter 29 and Title 38,
Chapter 7, Part 2. by *Lynn. (SB2467 by *Watson, *Bunch)

       Rep. Lynn moved that House Bill No. 2462 be reset for the next Message Calendar,
which motion prevailed.


                           HOUSE ACTION ON SENATE MESSAGE

       *House Bill No. 2471 -- Sunset Laws - As introduced, extends council on children's
mental health care, June 30, 2014. Amends TCA Title 4, Chapter 29, Part 2 and Title 37,
Chapter 3, Part 1. by *Lynn. (SB2458 by *Watson, *Crowe)

      Rep. Lynn moved that the House refuse to recede from its action in nonconcurring in
Senate Amendment(s) No(s). 1 to House Bill No. 2471, which motion prevailed.

                          CONFERENCE COMMITTEE APPOINTED
                               ON HOUSE BILL NO. 2471

      Pursuant to Rule No. 73, Representative Lynn moved that the Speaker appoint a
Committee of the House to meet with a like Committee of the Senate to resolve the differences
between the two bodies on House Bill No. 2471, which motion prevailed.

       Speaker Pro Tempore DeBerry appointed Representatives Lynn, Armstrong and Haynes
as the House members of the Conference Committee on House Bill No. 2471.


                        HOUSE ACTION ON SENATE AMENDMENTS

         *House Bill No. 2510 -- Registers of Deeds - As introduced, authorizes Hamilton County
register's office to collect a $2.00 electronic filing submission fee for each electronically-filed
document recorded over the Internet through such register's county-run electronic filing portal;
documents filed by governmental entities are exempt; requires approval of two thirds of local
legislative body. Amends TCA Title 8, Chapter 21, Part 10. by *McCormick. (SB2606 by
*Watson)

                                       Senate Amendment No. 2

             AMEND House Bill No. 2510 by deleting subdivision (j)(1) in the amendatory
       language of Section 1 of the bill and substituting instead the following:


                                              5292
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                    (j)(1) In addition to any other fee permitted in this section or by law, the
            register of any county having a population of:

                           not less than:                 nor more than:
                            26,700                         26,800
                            31,300                         31,400
                            69,400                         69,500
                           182,000                        182,100
                           307,800                        307,900

                    according to the 2000 federal census or any subsequent federal census,
            may demand and receive for such register's services a two dollar ($2.00)
            electronic filing (efile) submission fee for each electronically filed document which
            is recorded over the Internet through such register's county electronic filing
            portal.

                                    Senate Amendment No. 3

           AMEND House Bill No. 2510 by deleting subdivision (j)(1) in the amendatory
     language of Section 1 of the bill and by substituting instead the following:

                    (j)(1) In addition to any other fee permitted in this section or by law, the
            register of any county having a population of:

                           not less than:                 nor more than:
                            26,700                         26,800
                            31,300                         31,400
                            69,400                         69,500
                            91,800                         91,900
                           182,000                        182,100
                           307,800                        307,900

                    according to the 2000 federal census or any subsequent federal census,
            may demand and receive for such register's services a two dollar ($2.00)
            electronic filing (efile) submission fee for each electronically filed document which
            is recorded over the Internet through such register's county electronic filing
            portal.

                                    Senate Amendment No. 4

            AMEND House Bill No. 2510 by inserting the figure "130,400" under the column
     heading "not less than" and by inserting the figure "130,500" under the column heading
     "nor more than" in subdivision (j)(1) in Section 1 of the bill as amended.

                                    Senate Amendment No. 5

            AMEND House Bill No. 2510 by inserting the language “or any county having a
     population of not less than seventy-one thousand one hundred (71,100) nor more than
     seventy-one thousand two hundred (71,200),” between the language “(307,900),” and
     the language “according to” in the amendatory language of subsection (j)(1) of Section 1.



                                            5293
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                     Senate Amendment No. 6

            AMEND House Bill No. 2510 by deleting subdivision (j)(1) in the amendatory
      language of Section 1 of the bill and by substituting instead the following:

                     (j)(1) In addition to any other fee permitted in this section or by law, the
             register of any county having a population of:

                            not less than:                 nor more than:
                             26,700                         26,800
                             31,300                         31,400
                             69,400                         69,500
                             91,800                         91,900
                            182,000                        182,100
                            307,800                        307,900

                     according to the 2000 federal census or any subsequent federal census,
             may demand and receive for such register's services a two dollar ($2.00)
             electronic filing (efile) submission fee for each electronically filed document which
             is recorded over the Internet through such register's county electronic filing
             portal.

                                     Senate Amendment No. 8

             AMEND House Bill No. 2510 by inserting the figure "130,400" under the column
      heading "not less than" and by inserting the figure "130,500" under the column heading
      "nor more than" in subdivision (j)(1) in Section 1 of the bill as amended.

                                     Senate Amendment No. 9

             AMEND House Bill No. 2510 by inserting the language “or any county having a
      population of not less than seventy-one thousand one hundred (71,100) nor more than
      seventy-one thousand two hundred (71,200),” between the language “(307,900),” and
      the language “according to” in the amendatory language of subsection (j)(1) of Section 1.

         Rep. McCormick moved that the House nonconcur in Senate Amendment(s) No(s). 2, 3,
4, 5, 6, 8 and 9 to House Bill No. 2510, which motion prevailed.

                                    Senate Amendment No. 12

             AMEND House Bill No. 2510 By deleting all language after the enacting clause
      and by substituting instead the following language:

                    SECTION 1.       Tennessee Code Annotated, Section 8-21-1001, is
             amended by deleting subsection (j) in its entirety and adding the following as a
             new, appropriately designated subsection:

                            (j)




                                             5294
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                              (1) In addition to any other fee permitted in this section or
                                       by law, the register of any county may demand and receive for
                                       such register's services a two dollar ($2.00) electronic filing (efile)
                                       submission fee for each electronically filed document which is
                                       recorded over the Internet through such register's county
                                       electronic filing portal.

                                               (2) The register shall waive and exempt all electronic filing
                                       submission fees authorized pursuant to subdivision (1) for official
                                       government documents filed by local, state, or federal government
                                       entities of the United States in the course of their official
                                       government business.

                                                (3) The provisions of this subsection (j) shall only be
                                       effective in any county to which this subsection applies upon the
                                       adoption of a resolution by a two-thirds (2/3) vote of the county
                                       legislative body of such county.

                        SECTION 2. This act shall take effect upon becoming a law, the public
                 welfare requiring it.

      Rep. McCormick moved that the House concur in Senate Amendment(s) No(s). 12 to
House Bill No. 2510, which motion prevailed by the following vote:

       Ayes ........................................................................................... 85
       Noes............................................................................................. 7
       Present and not voting.................................................................. 1

        Representatives voting aye were: Armstrong, Barker, Bass, Bone, Brooks H, Brooks K,
Brown, Camper, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper, Curtiss, Dean, DeBerry J,
DeBerry L, Dennis, Dunn, Eldridge, Faulkner, Favors, Ferguson, Fincher, Fitzhugh, Floyd, Ford,
Fraley, Gilmore, Hackworth, Halford, Harmon, Harrison, Harwell, Hawk, Johnson C, Johnson P,
Jones S, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock,
McCord, McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh,
Niceley, Odom, Pitts, Pruitt, Ramsey, Rich, Richardson, Roach, Rowland, Sargent, Shaw,
Shipley, Sontany, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M,
Watson, Weaver, White, Winningham, Yokley, Mr. Speaker Williams -- 85

      Representatives voting no were: Borchert, Campfield, Evans, Hardaway, Hensley, Hill,
Jones U -- 7

       Representatives present and not voting were: Bell -- 1

       A motion to reconsider was tabled.


                                   HOUSE ACTION ON SENATE MESSAGE

         House Bill No. 2592 -- Sunset Laws - As introduced, extends the board of
dietitian/nutritionist examiners, June 30, 2011. Amends TCA Title 4, Chapter 29 and Title 63,
Chapter 25, Part 1. by *Lynn. (*SB2443 by *Watson, *Crowe)

       Rep. Lynn moved that House Bill No. 2592 be reset for the next Message Calendar,
which motion prevailed.


                                                               5295
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                         HOUSE ACTION ON SENATE MESSAGE

       House Bill No. 2594 -- Sunset Laws - As introduced, extends the board of examiners for
nursing home administrators, June 30, 2011. Amends TCA Title 4, Chapter 29 and Title 63,
Chapter 16, Part 1. by *Lynn, *Hardaway. (*SB2445 by *Watson, *Crowe)

       Rep. Lynn moved that House Bill No. 2594 be reset for the next Message Calendar,
which motion prevailed.


                       HOUSE ACTION ON SENATE AMENDMENTS

       House Bill No. 2598 -- Sunset Laws - As introduced, extends board of pharmacy, June
30, 2013. Amends TCA Title 4, Chapter 29 and Title 63, Chapter 10. by *Lynn. (*SB2451 by
*Watson, *Crowe)

                                    Senate Amendment No. 1

              AMEND House Bill No. 2598 by deleting SECTION 2 of the bill in its entirety and
       by substituting instead the following:

                   SECTION 2. Tennessee Code Annotated, Section 4-29-237(a), is
              amended by adding a new subdivision thereto, as follows:

                            ( ) Board of pharmacy, created by § 63-10-301;

                                    Senate Amendment No. 3

              AMEND House Bill No. 2598 by adding the following new language immediately
       preceding the effective date section and by renumbering the subsequent section
       accordingly:

                      SECTION __. Tennessee Code Annotated, Section 63-10-302, is
              amended by deleting the section in its entirety and substituting instead the
              following:

                            Section 63-10-302.

                                    (a) The governor shall appoint the members of the board,
                            and shall make appointments so that the pharmacist members of
                            the board shall be graduates of a recognized school or college of
                            pharmacy. In making appointments to the board, the governor
                            shall strive to ensure that at least one (1) person serving on the
                            board is sixty (60) years of age or older and that one (1) person
                            serving on the board is a member of a racial minority.

                                    (b) No pharmacist shall be eligible for appointment to the
                            board unless such person has been a pharmacist under this or
                            some other law of this state for a period of at least five (5) years,
                            and during the terms of such person's incumbency shall be
                            actively engaged in the practice of pharmacy.


                                            5296
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                               (c) No consumer shall be eligible for appointment to the
                       board to represent the public at large unless such person has
                       been a resident of Tennessee for at least five (5) years, currently
                       resides in Tennessee and is a non-health care professional by
                       education. The consumer member shall not own, or have any
                       financial or other interest in, any health care facility or business.

                              (d)

                                     (1) Notwithstanding the provisions of § 3-6-304 or
                              any other law to the contrary, and in addition to all other
                              requirements for membership on the board:

                                             (A) Any person registered as a lobbyist
                                      pursuant to the registration requirements of title 3,
                                      chapter 6 who is subsequently appointed or
                                      otherwise named as a member of the board shall
                                      terminate all employment and business association
                                      as a lobbyist with any entity whose business
                                      endeavors or professional activities are regulated
                                      by the board, prior to serving as a member of the
                                      board. The provisions of this subdivision (1)(A)
                                      shall apply to all persons appointed or otherwise
                                      named to the board after July 1, 2010;

                                              (B) No person who is a member of the
                                      board shall be permitted to register or otherwise
                                      serve as a lobbyist pursuant to title 3, chapter 6 for
                                      any entity whose business endeavors or
                                      professional activities are regulated by the board
                                      during such person's period of service as a
                                      member of the board. The provisions of this
                                      subdivision (1)(B) shall apply to all persons
                                      appointed or otherwise named to the board after
                                      July 1, 2010, and to all persons serving on the
                                      board on such date who are not registered as
                                      lobbyists; and

                                               (C) No person who serves as a member of
                                      the board shall be employed as a lobbyist by any
                                      entity whose business endeavors or professional
                                      activities are regulated by the board for one (1)
                                      year following the date such person's service on
                                      the board ends. The provisions of this subdivision
                                      (1)(C) shall apply to persons serving on the board
                                      as of July 1, 2010 and to persons appointed to the
                                      board subsequent to such date.

                                        (2) A person who violates the provisions of this
                              subsection shall be subject to the penalties prescribed in
                              title 3, chapter 6.


                                       5297
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                            (3) The bureau of ethics and campaign finance is
                                   authorized to promulgate rules and regulations to
                                   effectuate the purposes of this subsection. All such rules
                                   and regulations shall be promulgated in accordance with
                                   the Uniform Administrative Procedures Act, compiled in
                                   title 4, chapter 5, and in accordance with the procedure for
                                   initiating and proposing rules by the ethics commission to
                                   the bureau of ethics and campaign finance as prescribed
                                   in § 4-55-103.

                                     (e) The terms of appointment shall be for six (6) years, or
                            until their successors have qualified, and no member of the board
                            is eligible for reappointment.

                                    (f) The Tennessee Pharmacists Association may annually
                            recommend five (5) duly qualified persons for each vacancy from
                            whom the governor may be requested to make appointments.
                            Appointees to the board shall, within ten (10) days after
                            appointment, make oath or affirmation to be filed with the
                            secretary of state that they will faithfully and impartially perform
                            their duties.

                                     (g) Members guilty of misconduct may be removed by the
                            governor upon the recommendation of the remaining members.
                            Vacancies occurring other than by expiration of terms may be
                            filled as to unexpired terms by the governor from the most recent
                            list of nominees of the Tennessee Pharmacists Association.

      Rep. Lynn moved that the House nonconcur in Senate Amendment(s) No(s). 1 and 3 to
House Bill No. 2598, which motion prevailed.


                       HOUSE ACTION ON SENATE AMENDMENTS

      House Bill No. 2600 -- Sunset Laws - As introduced, extends the board of nursing, June
30, 2011. Amends TCA Title 4, Chapter 29 and Title 63, Chapter 7, Part 2. by *Lynn,
*Hardaway. (*SB2449 by *Watson, *Crowe)

                                    Senate Amendment No. 2

              AMEND House Bill No. 2600 by adding the following new language immediately
       preceding the effective date section and by renumbering the subsequent section
       accordingly:

                      SECTION __.    Tennessee Code Annotated, Section 63-7-201, is
              amended by deleting the section in its entirety and by substituting instead the
              following:

                            Section 63-7-201.




                                            5298
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                (a) There is created a board to be known as the “board of
                       nursing,” composed of eleven (11) members, referred to in this
                       chapter as “board,” appointed by the governor in the manner and
                       for the terms of office as provided in this section.

                               (b) The board shall be composed of five (5) members who
                       are registered nurses, three (3) members who are licensed
                       practical nurses, two (2) members who are advanced practice
                       nurses, and one (1) member who is not a nurse and who is not
                       commercially or professionally associated with the health care
                       industry.

                                      (1) Nomination of Candidates. Members of the
                              board may be appointed by the governor from lists of
                              nominees submitted by their respective organizations.
                              Each list may contain up to three (3) times as many names
                              as the number of appointments to be made. Lists of
                              nominees shall be submitted at least forty-five (45) days
                              prior to the expiration of the term of office of any members
                              of the board.

                                     (2) Qualifications.

                                            (A) Each registered nurse appointed to
                                     serve on the board shall:

                                                    (i) Be a resident of this state for at
                                             least one (1) year immediately preceding
                                             appointment;

                                                    (ii) Be currently licensed in good
                                             standing as a registered nurse in
                                             Tennessee;

                                                     (iii) Be currently engaged in the
                                             practice of nursing as a registered nurse;
                                             and

                                                    (iv) Have had no fewer than five (5)
                                             years of experience as a registered nurse,
                                             at least three (3) of which immediately
                                             preceded appointment.

                                            (B) Each licensed practical nurse appointed
                                     to serve on the board shall:

                                                    (i) Be a resident of this state for at
                                             least one (1) year immediately preceding
                                             appointment;




                                      5299
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                                  (ii) Be currently licensed in good
                                           standing as a licensed practical nurse in this
                                           state;

                                                   (iii) Be currently engaged in the
                                           practice of nursing as a licensed practical
                                           nurse; and

                                                  (iv) Have had no fewer than five (5)
                                           years of experience as a licensed practical
                                           nurse, at least three (3) of which
                                           immediately preceded appointment.

                                          (C)     Each advanced practice           nurse
                                   appointed to serve on the board shall:

                                                  (i) Be a resident of this state for at
                                           least one (1) year immediately preceding
                                           appointment;

                                                  (ii) Be currently licensed in good
                                           standing as a registered nurse in
                                           Tennessee;

                                                  (iii) Be currently certified in good
                                           standing as an advanced practice nurse in
                                           Tennessee;

                                                   (iv) Be currently engaged in the
                                           practice of nursing as an advanced practice
                                           nurse; and

                                                  (v) Have had no fewer than five (5)
                                           years experience as an advanced practice
                                           nurse, at least three (3) of which
                                           immediately preceded appointment.

                                          (D)    The representative of the public
                                   appointed to serve on the board shall:

                                                  (i) Be a resident of this state for at
                                           least one (1) year immediately preceding
                                           appointment;

                                                   (ii)   Not have direct or indirect
                                           financial interest in health care services;

                                                   (iii) Neither be nor ever have been a
                                           health care provider or be enrolled in any
                                           health related educational program; and



                                    5300
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                                   (iv) Not be a member or employee
                                           of any board of control of any public or
                                           private health care organization.

                                   (3) Lobbyist prohibition.

                                           (A) Notwithstanding the provisions of § 3-6-
                                   304 or any other law to the contrary, and in addition
                                   to all other requirements for membership on the
                                   board:

                                                   (i)   Any person registered as a
                                           lobbyist pursuant to the registration
                                           requirements of title 3, chapter 6 who is
                                           subsequently appointed or otherwise named
                                           as a member of the board shall terminate all
                                           employment and business association as a
                                           lobbyist with any entity whose business
                                           endeavors or professional activities are
                                           regulated by the board, prior to serving as a
                                           member of the board. The provisions of this
                                           subdivision (A)(i) shall apply to all persons
                                           appointed or otherwise named to the board
                                           after July 1, 2010;

                                                    (ii) No person who is a member of
                                           the board shall be permitted to register or
                                           otherwise serve as a lobbyist pursuant to
                                           title 3, chapter 6 for any entity whose
                                           business      endeavors     or    professional
                                           activities are regulated by the board during
                                           such person's period of service as a
                                           member of the board. The provisions of this
                                           subdivision (A)(ii) shall apply to all persons
                                           appointed or otherwise named to the board
                                           after July 1, 2010, and to all persons serving
                                           on the board on such date who are not
                                           registered as lobbyists; and

                                                   (iii) No person who serves as a
                                           member of the board shall be employed as
                                           a lobbyist by any entity whose business
                                           endeavors or professional activities are
                                           regulated by the board for one (1) year
                                           following the date such person's service on
                                           the board ends. The provisions of this
                                           subdivision (A)(iii) shall apply to persons
                                           serving on the board as of July 1, 2010 and
                                           to persons appointed to the board
                                           subsequent to such date.



                                    5301
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                                  (B) A person who violates the provisions of
                                          this subdivision (3) shall be subject to the penalties
                                          prescribed in title 3, chapter 6.

                                                   (C) The bureau of ethics and campaign
                                          finance is authorized to promulgate rules and
                                          regulations to effectuate the purposes of this
                                          subdivision (3). All such rules and regulations shall
                                          be promulgated in accordance with the Uniform
                                          Administrative Procedures Act, compiled in title 4,
                                          chapter 5, and in accordance with the procedure for
                                          initiating and proposing rules by the ethics
                                          commission to the bureau of ethics and campaign
                                          finance as prescribed in § 4-55-103.

                                           (4) Vacancies. Vacancies on the board created
                                   by the expiration of terms of office or otherwise shall be
                                   filled for the unexpired terms by appointment by the
                                   governor in like manner.

                                                  (c) In making appointments to the board,
                                          the governor shall strive to ensure that at least one
                                          (1) person serving on the board is sixty (60) years
                                          of age or older and that at least one (1) person
                                          serving on the board is a member of a racial
                                          minority.

                  SECTION __.         Tennessee Code Annotated, Section 63-7-202, is
             amended by deleting the section in its entirety.

       Rep. Lynn moved that the House concur in Senate Amendment(s) No(s). 2 to House Bill
No. 2600.

     After further discussion, Rep. Lynn moved to withdraw the motion to concur in Senate
Amendment(s) No(s). 2 to House Bill No. 2600, which motion prevailed.

       Rep. Lynn moved that the House nonconcur in Senate Amendment(s) No(s). 2 to House
Bill No. 2600, which motion prevailed.


                                    RECESS MOTION

      On motion of Rep. Odom, the House stood in recess for 10 minutes.


                                    RECESS EXPIRED

      The recess having expired, the House was called to order by Mr. Speaker Williams.


                             ROLL CALL DISPENSED WITH

      On motion of Rep. Odom, the roll call was dispensed with.



                                           5302
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                           MESSAGE CALENDAR, CONTINUED

       Thereupon, the House continued with the Message Calendar as follows:

                         HOUSE ACTION ON SENATE MESSAGE

       House Bill No. 2602 -- Sunset Laws - As introduced, extends emergency medical
services board, June 30, 2013. Amends TCA Title 4, Chapter 29 and Title 68, Chapter 140. by
*Lynn. (*SB2459 by *Watson, *Crowe)

      Rep. Lynn moved that the House refuse to recede from its action in nonconcurring in
Senate Amendment(s) No(s). 1 and 2 to House Bill No. 2602, which motion prevailed.

                         CONFERENCE COMMITTEE APPOINTED
                              ON HOUSE BILL NO. 2602

      Pursuant to Rule No. 73, Representative Lynn moved that the Speaker appoint a
Committee of the House to meet with a like Committee of the Senate to resolve the differences
between the two bodies on House Bill No. 2602, which motion prevailed.

     The Speaker appointed Representatives Lynn, Odom and Haynes as the House
members of the Conference Committee on House Bill No. 2602.


                         HOUSE ACTION ON SENATE MESSAGE

       House Bill No. 2605 -- Sunset Laws - As introduced, extends the council for hearing
instrument specialists, June 30, 2011. Amends TCA Title 4, Chapter 29 and Title 63, Chapter
17. by *Lynn. (*SB2456 by *Watson, *Crowe)

      Rep. Lynn moved that the House refuse to recede from its action in nonconcurring in
Senate Amendment(s) No(s). 2 to House Bill No. 2605, which motion prevailed.

                         CONFERENCE COMMITTEE APPOINTED
                              ON HOUSE BILL NO. 2605

      Pursuant to Rule No. 73, Representative Lynn moved that the Speaker appoint a
Committee of the House to meet with a like Committee of the Senate to resolve the differences
between the two bodies on House Bill No. 2605, which motion prevailed.

     The Speaker appointed Representatives Lynn, Odom and Haynes as the House
members of the Conference Committee on House Bill No. 2605.


                         HOUSE ACTION ON SENATE MESSAGE

       House Bill No. 2606 -- Sunset Laws - As introduced, extends the committee for clinical
perfusionists, June 30, 2013. Amends TCA Title 4, Chapter 29 and Title 63, Chapter 28. by
*Lynn. (*SB2455 by *Watson, *Crowe)

      Rep. Lynn moved that the House refuse to recede from its action in nonconcurring in
Senate Amendment(s) No(s). 1 and 2 to House Bill No. 2606, which motion prevailed.




                                            5303
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                         CONFERENCE COMMITTEE APPOINTED
                              ON HOUSE BILL NO. 2606

      Pursuant to Rule No. 73, Representative Lynn moved that the Speaker appoint a
Committee of the House to meet with a like Committee of the Senate to resolve the differences
between the two bodies on House Bill No. 2606, which motion prevailed.

     The Speaker appointed Representatives Lynn, Armstrong and Haynes as the House
members of the Conference Committee on House Bill No. 2606.


                                         EXCUSED

       The Speaker announced that the following member(s) has/have been excused, pursuant
to request(s) under Rule No. 20:

       Representative Lundberg; family death.


                           MESSAGE CALENDAR, CONTINUED

                         HOUSE ACTION ON SENATE MESSAGE

       House Bill No. 2610 -- Sunset Laws - As introduced, extends the Tennessee medical
laboratory board, June 30, 2013. Amends TCA Title 4, Chapter 29 and Title 68, Chapter 29. by
*Lynn. (*SB2464 by *Watson, *Crowe)

      Rep. Lynn moved that the House refuse to recede from its action in nonconcurring in
Senate Amendment(s) No(s). 1 and 2 to House Bill No. 2610, which motion prevailed.

                         CONFERENCE COMMITTEE APPOINTED
                              ON HOUSE BILL NO. 2610

      Pursuant to Rule No. 73, Representative Lynn moved that the Speaker appoint a
Committee of the House to meet with a like Committee of the Senate to resolve the differences
between the two bodies on House Bill No. 2610, which motion prevailed.

     The Speaker appointed Representatives Lynn, Armstrong and Haynes as the House
members of the Conference Committee on House Bill No. 2610.


                       HOUSE ACTION ON SENATE AMENDMENTS

       House Bill No. 2611 -- Sunset Laws - As introduced, extends Tennessee auctioneer
commission, June 30, 2011. Amends TCA Title 4, Chapter 29 and Title 62, Chapter 19. by
*Lynn. (*SB2436 by *Watson, *Johnson)

        Further consideration of House Bill No. 2611 previously considered on May 27, 2010, at
which time it was reset for today’s Message Calendar.

                                     Senate Amendment No. 2

              AMEND House Bill No. 2611 by deleting all language after the enacting clause
       and by substituting instead the following:


                                            5304
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                SECTION 1. Tennessee Code Annotated, Section 4-29-231(a), is
           amended by deleting subdivision (46) in its entirety.

                SECTION 2. Tennessee Code Annotated, Section 4-29-234(a), is
           amended by adding a new subdivision thereto, as follows:

                          ( ) Tennessee auctioneer commission, created by § 62-19-104;

                   SECTION 3. Tennessee Code Annotated, Section 62-19-104(b), is
           amended by deleting subdivision (2) in its entirety and by substituting instead the
           following:

                          (2) One (1) member of the commission shall not be engaged in
                  the auction business. The member shall be at least thirty (30) years of
                  age and of good moral character and shall be appointed from the state at
                  large.     Such member shall have no commercial or professional
                  association with the auction profession or industry, either directly or
                  indirectly.

                 SECTION 4. Tennessee Code Annotated, Section 62-19-104, is further
           amended by inserting the following new sections immediately preceding
           subsection (d) and by redesignating the subsequent subsections accordingly:

                          (d)

                                  (1) Notwithstanding the provisions of § 3-6-304 or any
                          other law to the contrary, and in addition to all other requirements
                          for membership on the commission:

                                        (A) Any person registered as a lobbyist pursuant to
                                 the registration requirements of title 3, chapter 6 who is
                                 subsequently appointed or otherwise named as a member
                                 of the commission shall terminate all employment and
                                 business association as a lobbyist with any entity whose
                                 business endeavors or professional activities are regulated
                                 by the commission, prior to serving as a member of the
                                 commission. The provisions of this subdivision (1)(A) shall
                                 apply to all persons appointed or otherwise named to the
                                 commission after July 1, 2010;

                                          (B) No person who is a member of the commission
                                 shall be permitted to register or otherwise serve as a
                                 lobbyist pursuant to title 3, chapter 6 for any entity whose
                                 business endeavors or professional activities are regulated
                                 by the commission during such person's period of service
                                 as a member of the commission. The provisions of this
                                 subdivision (1)(B) shall apply to all persons appointed or
                                 otherwise named to the commission after July 1, 2010, and
                                 to all persons serving on the commission on such date who
                                 are not registered as lobbyists; and



                                          5305
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                            (C) No person who serves as a member of the
                                    commission shall be employed as a lobbyist by any entity
                                    whose business endeavors or professional activities are
                                    regulated by the commission for one (1) year following the
                                    date such person's service on the commission ends. The
                                    provisions of this subdivision (1)(C) shall apply to persons
                                    serving on the commission as of July 1, 2010 and to
                                    persons appointed to the commission subsequent to such
                                    date.

                                    (2) A person who violates the provisions of this subsection
                            shall be subject to the penalties prescribed in title 3, chapter 6.

                                    (3) The bureau of ethics and campaign finance is
                            authorized to promulgate rules and regulations to effectuate the
                            purposes of this subsection. All such rules and regulations shall
                            be promulgated in accordance with the Uniform Administrative
                            Procedures Act, compiled in title 4, chapter 5, and in accordance
                            with the procedure for initiating and proposing rules by the ethics
                            commission to the bureau of ethics and campaign finance as
                            prescribed in § 4-55-103.

                            (e) In addition to all other requirements for membership on the
                     commission, all persons appointed or otherwise named to serve as
                     members of the commission after July 1, 2010, shall be residents of this
                     state.

                      SECTION 5. The provision of this act which prohibits a member with an
              indirect association with the auction profession or industry from serving on the
              commission shall apply to all member appointments made to the commission
              after July 1, 2010.

                     SECTION 6. This act shall take effect upon becoming a law, the public
              welfare requiring it.

        Rep. Lynn moved that the House nonconcur in Senate Amendment(s) No(s). 2 to House
Bill No. 2611.

        Rep. McCord moved the previous question on the motion to nonconcur, which motion
prevailed.

       Rep. Lynn moved that the House nonconcur in Senate Amendment(s) No(s). 2 to House
Bill No. 2611, which motion prevailed.


                       HOUSE ACTION ON SENATE AMENDMENTS

      House Bill No. 2613 -- Sunset Laws - As introduced, extends real estate commission,
June 30, 2011. Amends TCA Title 4, Chapter 29 and Title 62, Chapter 13. by *Lynn. (*SB2434
by *Watson, *Johnson)

        Further consideration of House Bill No. 2613 previously considered on May 27, 2010, at
which time it was reset for today’s Message Calendar.



                                            5306
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                  Senate Amendment No. 2

            AMEND House Bill No. 2613 by deleting all language after the enacting clause
     and by substituting instead the following:

                SECTION 1. Tennessee Code Annotated, Section 4-29-231(a), is
           amended by deleting subdivision (36) in its entirety.

                SECTION 2. Tennessee Code Annotated, Section 4-29-234(a), is
           amended by adding a new subdivision thereto, as follows:

                         ( ) Real estate commission, created by § 62-13-201;

                   SECTION 3.    Tennessee Code Annotated, Section 62-13-201, is
           amended by deleting subsection (c) in its entirety and by substituting instead the
           following:

                           (c) Each of the remaining two (2) members of the commission
                  shall be a person who is not engaged in, conducting the business of, or
                  acting in the capacity of a real estate broker or affiliate broker, either
                  directly or indirectly. The two (2) remaining members shall also be
                  prohibited from directly or indirectly engaging in or otherwise being
                  affiliated with the business of real estate financing or development.

                 SECTION 4. Tennessee Code Annotated, Section 62-13-201, is further
           amended by inserting the following new section immediately preceding
           subsection (d) and by redesignating the subsequent subsection accordingly:

                         (d)

                                 (1) Notwithstanding the provisions of § 3-6-304 or any
                         other law to the contrary, and in addition to all other requirements
                         for membership on the commission:

                                        (A) Any person registered as a lobbyist pursuant to
                                 the registration requirements of title 3, chapter 6 who is
                                 subsequently appointed or otherwise named as a member
                                 of the commission shall terminate all employment and
                                 business association as a lobbyist with any entity whose
                                 business endeavors or professional activities are regulated
                                 by the commission, prior to serving as a member of the
                                 commission. The provisions of this subdivision (1)(A) shall
                                 apply to all persons appointed or otherwise named to the
                                 commission after July 1, 2010;

                                         (B) No person who is a member of the commission
                                 shall be permitted to register or otherwise serve as a
                                 lobbyist pursuant to title 3, chapter 6 for any entity whose
                                 business endeavors or professional activities are regulated
                                 by the commission during such person's period of service
                                 as a member of the commission.


                                          5307
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                            The provisions of this subdivision (1)(B) shall apply
                                    to all persons appointed or otherwise named to the
                                    commission after July 1, 2010, and to all persons serving
                                    on the commission on such date who are not registered as
                                    lobbyists; and

                                            (C) No person who serves as a member of the
                                    commission shall be employed as a lobbyist by any entity
                                    whose business endeavors or professional activities are
                                    regulated by the commission for one (1) year following the
                                    date such person's service on the commission ends. The
                                    provisions of this subdivision (1)(C) shall apply to persons
                                    serving on the commission as of July 1, 2010 and to persons
                                    appointed to the commission subsequent to such date.

                                    (2) A person who violates the provisions of this subsection
                            shall be subject to the penalties prescribed in title 3, chapter 6.

                                    (3) The bureau of ethics and campaign finance is
                            authorized to promulgate rules and regulations to effectuate the
                            purposes of this subsection. All such rules and regulations shall
                            be promulgated in accordance with the Uniform Administrative
                            Procedures Act, compiled in title 4, chapter 5, and in accordance
                            with the procedure for initiating and proposing rules by the ethics
                            commission to the bureau of ethics and campaign finance as
                            prescribed in § 4-55-103.

                     SECTION 5. The provisions of this act which prohibit the two remaining
              members of the commission from being indirectly engaged in, indirectly
              conducting the business of, or indirectly acting in the capacity of a real estate
              broker or affiliate broker, and which prohibit such members from being indirectly
              engaged in the business of real estate financing or development shall apply to all
              member appointments made to the commission after July 1, 2010.

                     SECTION 6. This act shall take effect upon becoming a law, the public
              welfare requiring it.

       Rep. Lynn moved that the House nonconcur in Senate Amendment(s) No(s). 2 to House
Bill No. 2613, which motion prevailed.


                       HOUSE ACTION ON SENATE AMENDMENTS

       House Bill No. 2614 -- Sunset Laws - As introduced, extends real estate appraiser
commission, June 30, 2011. Amends TCA Title 4, Chapter 29 and Title 62, Chapter 39. by
*Lynn. (*SB2433 by *Watson, *Johnson)

        Further consideration of House Bill No. 2614 previously considered on May 27, 2010, at
which time it was reset for today’s Message Calendar.

                                     Senate Amendment No. 2

              AMEND House Bill No. 2614 by deleting all language after the enacting clause
       and by substituting instead the following:


                                             5308
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                SECTION 1. Tennessee Code Annotated, Section 4-29-231(a), is
           amended by deleting subdivision (35) in its entirety.

                SECTION 2. Tennessee Code Annotated, Section 4-29-234(a), is
           amended by adding a new subdivision thereto, as follows:

                          ( ) Real estate appraiser commission, created by § 62-39-201;

                   SECTION 3. Tennessee Code Annotated, Section 62-39-201(a), is
           amended by deleting subdivision (2) in its entirety and by substituting instead the
           following:

                           (2) The commission shall consist of nine (9) members, two (2) of
                  whom shall be public members, one (1) of whom shall be a full-time
                  educator of appraisal-related education within the state's universities,
                  colleges and junior colleges. The public member who is a full-time
                  educator of appraisal-related education shall have no commercial or
                  professional association with the real estate appraiser profession or
                  industry, either directly or indirectly, other than what is required for such
                  member's employment as an educator. The public member who is not a
                  full-time educator of appraisal-related education within the state's
                  universities, colleges and junior colleges shall have no commercial or
                  professional association with the real estate appraiser profession or
                  industry, either directly or indirectly.

                 SECTION 4. Tennessee Code Annotated, Section 62-39-201, is further
           amended by inserting the following new sections immediately preceding
           subsection (e) and by redesignating the subsequent subsections accordingly:

                          (e)

                                  (1) Notwithstanding the provisions of § 3-6-304 or any
                          other law to the contrary, and in addition to all other requirements
                          for membership on the commission:

                                        (A) Any person registered as a lobbyist pursuant to
                                 the registration requirements of title 3, chapter 6 who is
                                 subsequently appointed or otherwise named as a member
                                 of the commission shall terminate all employment and
                                 business association as a lobbyist with any entity whose
                                 business endeavors or professional activities are regulated
                                 by the commission, prior to serving as a member of the
                                 commission. The provisions of this subdivision (1)(A) shall
                                 apply to all persons appointed or otherwise named to the
                                 commission after July 1, 2010;

                                         (B) No person who is a member of the commission
                                 shall be permitted to register or otherwise serve as a
                                 lobbyist pursuant to title 3, chapter 6 for any entity whose
                                 business endeavors or professional activities are regulated
                                 by the commission during such person's period of service
                                 as a member of the commission.




                                          5309
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                        The provisions of this subdivision (1)(B) shall apply
                                to all persons appointed or otherwise named to the
                                commission after July 1, 2010, and to all persons serving
                                on the commission on such date who are not registered as
                                lobbyists; and

                                        (C) No person who serves as a member of the
                                commission shall be employed as a lobbyist by any entity
                                whose business endeavors or professional activities are
                                regulated by the commission for one (1) year following the
                                date such person's service on the commission ends. The
                                provisions of this subdivision (1)(C) shall apply to persons
                                serving on the commission as of July 1, 2010 and to
                                persons appointed to the commission subsequent to such
                                date.

                                 (2) A person who violates the provisions of this subsection
                         shall be subject to the penalties prescribed in title 3, chapter 6.

                                 (3) The bureau of ethics and campaign finance is
                         authorized to promulgate rules and regulations to effectuate the
                         purposes of this subsection. All such rules and regulations shall
                         be promulgated in accordance with the Uniform Administrative
                         Procedures Act, compiled in title 4, chapter 5, and in accordance
                         with the procedure for initiating and proposing rules by the ethics
                         commission to the bureau of ethics and campaign finance as
                         prescribed in § 4-55-103.

                         (f) In addition to all other requirements for membership on the
                  commission, all persons appointed or otherwise named to serve as
                  members of the commission after July 1, 2010, shall be residents of this
                  state.

                SECTION 5. Tennessee Code Annotated, Section 62-39-201, is further
           amended by deleting present subsection (g) in its entirety.

                  SECTION 6. The provision of this act which prohibits public members
           having any commercial or professional association with the real estate appraiser
           profession or industry from serving on the commission shall apply to all member
           appointments made to the commission after July 1, 2010.

                  SECTION 7. This act shall take effect upon becoming a law, the public
           welfare requiring it.

                                 Senate Amendment No. 3

            AMEND House Bill No. 2614 by deleting SECTION 3 of the bill as amended and
     by substituting instead the following:




                                         5310
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                      SECTION 3. Tennessee Code Annotated, Section 62-39-201(a), is
              amended by deleting subdivision (2) in its entirety and by substituting instead the
              following:

                              (2) The commission shall consist of nine (9) members, one (1) of
                     whom shall be a public member, one (1) of whom shall be a full-time
                     educator of appraisal-related education within the state's universities,
                     colleges and junior colleges, and one (1) of whom shall be from an
                     appraisal management company or financial institution providing
                     appraisal services in Tennessee. The public member shall have no
                     commercial or professional association with the real estate appraiser
                     profession or industry, either directly or indirectly. The member who is a
                     full-time educator of appraisal-related education within the state's
                     universities, colleges and junior colleges shall have no commercial
                     association with the real estate appraiser profession or industry, either
                     directly or indirectly.

               AND FURTHER AMEND by deleting SECTION 6 of the bill as amended and by
       substituting instead the following:

                     SECTION 6. The provision of this act which prohibits members having
              any association with the real estate appraiser profession or industry from serving
              on the commission shall apply to all member appointments made to the
              commission after July 1, 2010.

      Rep. Lynn moved that the House nonconcur in Senate Amendment(s) No(s). 2 and 3 to
House Bill No. 2614, which motion prevailed.


                         HOUSE ACTION ON SENATE MESSAGE

      House Bill No. 2618 -- Sunset Laws - As introduced, extends board of respiratory care,
June 30, 2013. Amends TCA Title 4, Chapter 29 and Title 63, Chapter 27. by *Lynn. (*SB2453
by *Watson, *Crowe)

      Rep. Lynn moved that the House refuse to recede from its action in nonconcurring in
Senate Amendment(s) No(s). 1 and 2 to House Bill No. 2618, which motion prevailed.

                         CONFERENCE COMMITTEE APPOINTED
                              ON HOUSE BILL NO. 2618

      Pursuant to Rule No. 73, Representative Lynn moved that the Speaker appoint a
Committee of the House to meet with a like Committee of the Senate to resolve the differences
between the two bodies on House Bill No. 2618, which motion prevailed.

     The Speaker appointed Representatives Lynn, Gilmore and Swafford as the House
members of the Conference Committee on House Bill No. 2618.




                                             5311
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                        HOUSE ACTION ON SENATE AMENDMENTS

      House Bill No. 2781 -- Domestic Violence - As introduced, requires persons convicted
of domestic assault to attend counseling for the duration of their sentence for such offense.
Amends TCA Title 39, Chapter 13, Part 1. by *Hill, *Fincher, *Hardaway, *Hawk. (*SB2709 by
*Crowe, *Ketron, *Burks, *Ford, O.)

                                      Senate Amendment No. 2

               AMEND House Bill No. 2781 By deleting subsection (d) of SECTION 1 and
       substituting instead the following:

                      (d) A person convicted of domestic assault may be directed to complete
              available counseling programs that address violence and control issues,
              including, but not limited to, batterer’s intervention programs certified by the
              domestic violence state coordinating council or any court-ordered drug or alcohol
              treatment program.

       Rep. Hill moved that the House nonconcur in Senate Amendment(s) No(s). 2 to House
Bill No. 2781, which motion prevailed.


                        HOUSE ACTION ON SENATE AMENDMENTS

        *House Bill No. 2813 -- Sentencing - As introduced, diverts certain non-violent property
offenders from sentence of incarceration to sentence to community correction, probation or
diversion program and increases percentage of sentence person convicted of aggravated
robbery with weapon must serve from 30 percent to 85 percent. Amends TCA Title 40, Chapter
35. by *Odom, *Harwell, *Sontany, *Camper, *Rich, *Watson, *Stewart, *Casada, *Turner M,
*DeBerry J, *Gilmore, *Moore, *Williams, *Todd, *Montgomery, *Shepard, *Hardaway,
*Lundberg, *Cooper B, *Coleman, *Bell, *Bone, *Shaw, *Fraley, *Towns, *Cobb T,
*Winningham, *McDonald, *Pruitt, *Richardson, *Litz, *Dean, *Naifeh, *Fitzhugh, *Brooks H,
*Roach, *Ford , *Harrison, *Favors, *Brown, *Sargent, *Barker. (SB3431 by *Henry, *Norris,
*Black, *Herron, *Kelsey, *Barnes, *Jackson, *Finney L, *Marrero B, *Ford, O., *Ramsey,
*Burks)

                                      Senate Amendment No. 6

              AMEND House Bill No. 2813 by deleting all language after the enacting clause
       and by substituting instead the following:

                      SECTION 1. The General Assembly finds and declares that deterrence
              and punishment of violent crime is a matter of compelling public interest that
              requires the highest priority when allocating scarce public resources for the
              purpose of imprisoning criminals. To ensure that sufficient prison space is
              available for certain violent offenders to serve a sentence of sufficient length to
              longer remove them as a threat to society and to deter others from committing
              these offenses, it is in the public’s best interest that certain non-violent property
              offenders currently serving prison sentences for less serious offenses be given
              alternative sentences not involving continuous confinement. By doing so, these
              property offenders are able to work in order to pay restitution to the victims of
              their crimes without using scarce prison beds thereby permitting longer
              sentences for those offenders who do threaten public safety.



                                              5312
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                SECTION 2. Tennessee Code Annotated, Title 40, Chapter 35, Part 1, is
           amended by adding the following as a new section:

                        Section 40-35-122

                                (a) Notwithstanding any provision of law to the contrary,
                        except as provided in subsection (b), the judge sentencing a
                        defendant who commits a non-violent property offense, as defined
                        in subsection (c), on or after July 1, 2010, shall not be authorized
                        to impose the sentencing alternatives of continuous confinement
                        in a local jail or the department of correction as authorized by §
                        40-35-104(c)(5), (c)(6), or (c)(8).      However, the judge may
                        sentence the defendant to any of the other sentencing alternatives
                        authorized by § 40-35-104(c), which include, but are not limited to,
                        periodic confinement, work release, community corrections,
                        probation, or judicial diversion.

                               (b)

                                       (1) A defendant convicted of an offense set out in
                               subsection (c) may be sentenced to any of the sentencing
                               alternatives authorized by § 40-35-104(c), including a
                               period of continuous confinement, if the sentencing judge
                               determines the defendant:

                                              (A) Has at least one (1) prior conviction at
                                       the time the subsection (c) offense is committed; or

                                               (B) Violated the terms and conditions of the
                                       alternative sentence originally imposed upon the
                                       defendant pursuant to subsection (a).

                                       (2) As used in this subsection:

                                               (A)    “Prior conviction” means that the
                                       defendant serves and is released or discharged
                                       from, is serving, or is on escape status from a
                                       separate period of incarceration or supervision for
                                       the commission of a felony offense prior to or at the
                                       time of committing an offense on or after July 1,
                                       2010, listed in subsection (c);

                                               (B) “Prior conviction” includes convictions
                                       under the laws of any other state, government or
                                       country that, if committed in this state, would
                                       constitute a felony. If an offense in a jurisdiction
                                       other than Tennessee is not identified as a felony in
                                       this state, it shall be considered a prior conviction if
                                       the elements of the offense are the same as the
                                       elements for a felony offense in this state; and



                                        5313
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                           (C) “Separate period of incarceration or
                                    supervision” includes a sentence to any of the
                                    sentencing alternatives set out in § 40-35-
                                    104(c)(3)-(9).

                             (c) As used in this section, a “non-violent property offense”
                       is:

                                     (1) Forgery under § 39-14-114, where the amount
                             of the forgery is less than one thousand dollars ($1,000);

                                     (2) Attempted forgery under §§ 39-12-101 and 39-
                             14-114, where the amount of the forgery is one thousand
                             dollars ($1,000) or more but less than ten thousand dollars
                             ($10,000);

                                   (3) Criminal simulation under § 39-14-115, where
                             the amount is less than one thousand dollars ($1,000) ;

                                     (4) Attempted criminal simulation under §§ 39-12-
                             101 and 39-14-115, where the amount is one thousand
                             dollars ($1,000) or more but less than ten thousand dollars
                             ($10,000);

                                     (5) Facilitating criminal simulation under §§ 39-11-
                             403 and 39-14-115, where the amount is one thousand
                             dollars ($1,000) or more but less than ten thousand dollars
                             ($10,000);

                                     (6) Felony theft of services under § 39-14-104,
                             where the amount of the theft is less than one thousand
                             dollars ($1,000);

                                    (7) Shoplifting under §§ 39-14-103 or 39-14-146,
                             where the amount taken is less than one thousand dollars
                             ($1,000);

                                    (8) Felony fraudulent use of a credit card under §
                             39-14-118, where the amount of the theft is less than one
                             thousand dollars ($1,000);

                                   (9) Felony passing worthless checks under § 39-
                             14-121 where the amount of the check is less than one
                             thousand dollars ($1,000);

                                     (10) Passing forged checks under § 39-14-114,
                             where the amount of the forgery is less than one thousand
                             dollars ($1,000);




                                     5314
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                        (11) Felony theft of property under § 39-14-103,
                                where the amount of the theft is less than one thousand
                                dollars ($1,000);

                                        (12) Attempted theft of property under §§ 39-12-
                                101 and 39-14-103, where the amount of the attempted
                                theft is one thousand dollars ($1,000) or more but less
                                than ten thousand dollars ($10,000);

                                        (13) Facilitating the theft of property under §§ 39-
                                11-403 and 39-14-103, where the amount of the property
                                is one thousand dollars ($1,000) or more but less than ten
                                thousand dollars ($10,000);

                                       (14) Conspiracy to commit theft of property under
                                §§ 39-12-103 and 39-14-103, where the amount of the
                                property is one thousand dollars ($1,000) or more but less
                                than ten thousand dollars ($10,000);

                                        (15) Felony vandalism under § 39-14-408, where
                                the amount of the vandalism is less than one thousand
                                dollars ($1,000);

                                       (16) Fraudulent transfer of a motor vehicle under §
                                39-14-147;

                                       (17) Attempted burglary other than a habitation
                                under §§ 39-12-101 and 39-14-402(a)(1), (a)(2) or (a)(3);

                                       (18) Burglary of an auto under § 39-14-402(a)(4);
                                and

                                       (19) Burning personal property under § 39-14-303.

                  SECTION 3. Tennessee Code Annotated, Section 40-35-501, is
           amended by designating subdivision (k)(1) as (k)(2) and by adding the following
           new (k)(1):

                         There shall be no release eligibility for a person committing
                  aggravated robbery, as defined in § 39-13-402(a)(1), on or after July 1,
                  2010, until the person has served eighty-five percent (85%) of the
                  sentence imposed by the court less sentence credits earned and
                  retained. However, no sentence reduction credits authorized by § 41-21-
                  236, or any other provision of law, shall operate to reduce below seventy
                  percent (70%) the percentage of sentence imposed by the court such
                  person must serve before becoming release eligible.

                   SECTION 4. This act shall take effect July 1, 2010, the public welfare
           requiring it.




                                         5315
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


       Rep. Odom moved that the House concur in Senate Amendment(s) No(s). 6 to House
Bill No. 2813, which motion prevailed by the following vote:

       Ayes ........................................................................................... 87
       Noes............................................................................................. 0
       Present and not voting.................................................................. 1

       Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Curtiss, Dean,
DeBerry J, DeBerry L, Dunn, Eldridge, Evans, Faulkner, Favors, Ferguson, Fincher, Fitzhugh,
Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway, Harmon, Harrison, Harwell, Hawk,
Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S, Jones U, Kernell, Litz, Lollar, Lynn,
Maddox, Maggart, Marsh, Matheny, Matlock, McCord, McCormick, McDaniel, McDonald,
McManus, Montgomery, Moore, Mumpower, Naifeh, Niceley, Odom, Pitts, Pruitt, Ramsey, Rich,
Richardson, Rowland, Sargent, Shaw, Shipley, Sontany, Swafford, Tidwell, Tindell, Todd,
Turner J, Turner M, Watson, Weaver, White, Winningham, Yokley, Mr. Speaker Williams -- 87

       Representatives present and not voting were: Dennis -- 1

       A motion to reconsider was tabled.


                                   HOUSE ACTION ON SENATE MESSAGE

      Senate Bill No. 3034 -- Alcoholic Beverages - As introduced, adds Sligo Marina in
Dekalb County to those facilities authorized to sell alcoholic beverages for on-premises
consumption as a premier type tourist resort. Amends TCA Section 57-4-102. by *Faulk.
(*HB3034 by *Casada)

                                     CONFERENCE COMMITTEE REPORT
                                        ON SENATE BILL NO. 3034

        The House and Senate Conference Committee appointed pursuant to motions to resolve
the differences between the two houses on Senate Bill No. 3034 (House Bill No. 3034) has met
and recommends that the following amendment be deleted: House Amendment No. 2.

     The Committee further recommends that the following amendments be adopted: House
Amendment No. 1 and the following amendment:

              by adding the following new section immediately preceding the last section and
       by renumbering the subsequent section accordingly:

                      SECTION ___. Tennessee Code Annotated, Section 57-4-102(24), is
                 amended by adding the following as a new, appropriately designated subdivision:

                                   (_) A commercially operated facility containing all of the following
                            characteristics:

                                              (i) The facility has a marina with at least one hundred one
                                       (101) wet slips;



                                                               5316
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                              (ii) The facility has a minimum of sixty (60) paved single
                                       car parking spaces;

                                               (iii) The facility has a restaurant with adequate and
                                       sanitary kitchen facilities with inside seating for at least forty (40)
                                       persons and outside seating for at least one hundred fifty (150)
                                       persons and is kept, used and maintained as a place where meals
                                       are served and where meals are actually and regularly served
                                       when the facility is opened for business; and

                                              (iv) The facility is located within a county having a
                                       population of not less than thirty-one thousand one hundred
                                       (31,100) nor more than thirty-one thousand two hundred (31,200),
                                       according to the 2000 federal census or any subsequent federal
                                       census;

                 /s/ Senator Mike Faulk                                 /s/ Representative Glen Casada
                 /s/ Senator Jamie Woodson                              /s/ Representative Willie Borchert
                                                                        /s/ Representative Ulysses Jones

      Rep. Casada moved that the Report of the Conference Committee on Senate Bill No.
3034 be adopted and made the action of the House, which motion prevailed by the following
vote:

       Ayes ........................................................................................... 60
       Noes........................................................................................... 26

        Representatives voting aye were: Armstrong, Bone, Borchert, Camper, Carr, Casada,
Coleman, Dennis, Eldridge, Faulkner, Favors, Fitzhugh, Ford, Fraley, Gilmore, Hackworth,
Halford, Harmon, Harrison, Harwell, Hawk, Haynes, Johnson C, Johnson P, Jones S, Jones U,
Kernell, Litz, Maggart, Marsh, Matheny, McCord, McCormick, McDaniel, McManus,
Montgomery, Moore, Mumpower, Naifeh, Niceley, Odom, Pruitt, Ramsey, Rich, Roach,
Rowland, Sargent, Shaw, Shipley, Sontany, Swafford, Tidwell, Tindell, Todd, Turner J, Turner
M, Weaver, Winningham, Yokley, Mr. Speaker Williams -- 60

      Representatives voting no were: Barker, Bass, Bell, Brooks H, Brooks K, Campfield,
Cobb J, Cobb T, Curtiss, Dean, DeBerry J, DeBerry L, Dunn, Fincher, Floyd, Hardaway,
Hensley, Hill, Lollar, Lynn, Maddox, Matlock, McDonald, Pitts, Watson, White -- 26

       A motion to reconsider was tabled.


                                   HOUSE ACTION ON SENATE MESSAGE

        *House Bill No. 3136 -- Food and Food Products - As introduced, requires country of
origin labeling of catfish and catfish products. Amends TCA Title 53. by *Bone, *Borchert,
*Shaw, *Williams, *Litz, *Fitzhugh, *Moore, *Ferguson, *Faulkner, *Niceley, *Johnson C,
*Favors, *McDonald, *Bass. (SB3096 by *Stewart, *Barnes, *Berke, *Black, *Bunch, *Burchett,
*Burks, *Crowe, *Faulk, *Finney L, *Ford, O., *Gresham, *Harper, *Haynes, *Henry, *Herron,
*Jackson, *Johnson, *Ketron, *Kyle, *Marrero B, *McNally, *Norris, *Overbey, *Southerland,
*Tate, *Tracy, *Watson, *Woodson, *Yager, *Ramsey)

      Rep. Bone moved that the House refuse to recede from its action in nonconcurring in
Senate Amendment(s) No(s). 3 to House Bill No. 3136, which motion prevailed.


                                                               5317
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                          CONFERENCE COMMITTEE APPOINTED
                               ON HOUSE BILL NO. 3136

      Pursuant to Rule No. 73, Representative Bone moved that the Speaker appoint a
Committee of the House to meet with a like Committee of the Senate to resolve the differences
between the two bodies on House Bill No. 3136, which motion prevailed.

        The Speaker appointed Representatives Bone, Litz and Niceley as the House members
of the Conference Committee on House Bill No. 3136.


                                     CHAIR TO DEBERRY

       Mr. Speaker Williams relinquished the Chair to Rep. DeBerry, Speaker pro tempore.


                                   JOURNAL CORRECTION

        Speaker Pro Tempore Lois DeBerry announced that Reps. Barker and Lollar requested
to change their votes on the Report of the Conference Committee on Senate Bill No. 3034 from
“aye” to “no” and have the same reflected in the vote count/results set out in the House Journal.
Without objection, it was so ordered.


                            MESSAGE CALENDAR, CONTINUED

                           HOUSE ACTION ON SENATE MESSAGE

         *House Bill No. 3182 -- Campaigns and Campaign Finance - As introduced, prohibits
foreign corporations from using funds to aid either in the election or defeat of any candidate for
office. Amends TCA Title 2, Chapter 10 and Title 2, Chapter 19. by *Turner M, *Hardaway,
*Lollar, *Coley, *McCormick, *Haynes, *Moore, *Yokley, *Coleman. (SB3198 by *Finney L)

      Rep. Maddox requested that House Bill No. 3182 be moved to the heel of the Message
Calendar.


                           HOUSE ACTION ON SENATE MESSAGE

       *House Bill No. 3291 -- Sunset Laws - As introduced, extends the Tennessee court of
the judiciary, June 30, 2011. Amends TCA Title 4, Chapter 29 and Title 17, Chapter 5. by
*Lynn. (SB3181 by *Watson, *Ketron, *Bunch)

      Rep. Casada requested that House Bill No. 3291 be moved down 3 places on the
Message Calendar.


                                     CHAIR TO SPEAKER

       Mr. Speaker Williams resumed the Chair.



                                              5318
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                RECOGNITION IN THE WELL

       Mr. Speaker Williams recognized Representative Mumpower in appreciation for his
years of service in the House of Representatives.


                                    CHAIR TO DEBERRY

       Mr. Speaker Williams relinquished the Chair to Rep. DeBerry, Speaker pro tempore.


                            MESSAGE CALENDAR, CONTINUED

                       HOUSE ACTION ON SENATE AMENDMENTS

       *House Bill No. 3351 -- State Government - As introduced, requires information be
provided on the projected financial impact of rules and regulations promulgated during a fiscal
year. Amends TCA Section 3-2-107; Title 4, Chapter 5, Part 2 and Title 9, Chapter 4, Part 51.
by *Curtiss, *Brown, *Favors. (SB3549 by *Ketron, *Faulk)

                                     Senate Amendment No. 2

              AMEND House Bill No. 3351 by deleting all language following the enacting
       clause and substituting instead the following language:

                     SECTION 1. Tennessee Code Annotated, Section 4-5-220 (a), is
              amended by deleting the language “and” at the end of subdivision (3), and by
              adding the following language as a new subdivision (4) and renumbering the
              remaining subdivision accordingly:

                             (4) A table of all pending rules and regulations with projected
                     financial impact upon local governments as provided to the secretary of
                     state pursuant to § 4-5- 228; and

                   SECTION 2. Tennessee Code Annotated, Title 4, Chapter 5, Part 2 is
              amended by adding the following new section:

                             Section 4-5-228.

                                     (a)   On any rule and regulation proposed to be
                             promulgated, the proposing agency shall state in a simple
                             declarative sentence, without additional comments on the merits
                             or the policy of the rule or regulation, whether the rule or
                             regulation may have a projected financial impact on local
                             governments. The statement shall describe the financial impact in
                             terms of increase in expenditures or decrease in revenues. If the
                             statement says that the rule or regulation has a financial impact on
                             local governments, the general assembly may request
                             representatives of any affected local government to testify
                             concerning its impact.



                                             5319
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                             (b) The proposing agency shall submit a copy of the
                                       statement provided in subsection (a) to the secretary of state.

                         SECTION 3. This act shall take effect July 1, 2010, the public welfare
                 requiring it.

       Rep. Curtiss moved that the House concur in Senate Amendment(s) No(s). 2 to House
Bill No. 3351, which motion prevailed by the following vote:

       Ayes ........................................................................................... 92
       Noes............................................................................................. 0

        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper,
Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors,
Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway,
Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S,
Jones U, Kernell, Litz, Lollar, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock, McCord,
McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh, Niceley,
Odom, Pitts, Pruitt, Ramsey, Rich, Richardson, Rowland, Sargent, Shaw, Shipley, Sontany,
Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White,
Winningham, Yokley, Mr. Speaker Williams -- 92

       A motion to reconsider was tabled.


                                   HOUSE ACTION ON SENATE MESSAGE

        Senate Bill No. 3602 -- Boards and Commissions - As introduced, creates position of
executive director within the Commission on Firefighting Personnel Standards and Education;
specifies areas of expertise from which members of the commission are to be appointed.
Amends TCA Section 4-24-104. by *Ketron. (*HB3152 by *Tindell)

                                     CONFERENCE COMMITTEE REPORT
                                        ON SENATE BILL NO. 3602

        The House and Senate Conference Committee appointed pursuant to motions to resolve
the differences between the two houses on Senate Bill No. 3602 (House Bill No. 3152) has met
and recommends that the following amendment be deleted: Senate Amendment No. 3.

     The Committee further recommends that the following amendments be adopted: House
Amendment No. 1 and House Amendment No. 2.

                 /s/ Senator Bill Ketron                                /s/ Representative Harry Tindell
                 /s/ Senator Lowe Finney                                /s/ Representative Mike Turner
                 /s/ Senator Mike Faulk                                 /s/ Representative Ryan Haynes

      Rep. Tindell moved that the Report of the Conference Committee on Senate Bill No.
3602 be adopted and made the action of the House, which motion prevailed by the following
vote:



                                                               5320
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


       Ayes ........................................................................................... 89
       Noes............................................................................................. 2

        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Cooper,
Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors,
Ferguson, Fincher, Fitzhugh, Floyd, Fraley, Gilmore, Hackworth, Halford, Harmon, Harrison,
Harwell, Hawk, Haynes, Hensley, Johnson C, Johnson P, Jones S, Jones U, Kernell, Litz,
Lollar, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock, McCord, McCormick, McDaniel,
McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh, Niceley, Odom, Pitts, Pruitt,
Ramsey, Rich, Richardson, Rowland, Sargent, Shaw, Shipley, Sontany, Stewart, Swafford,
Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Winningham,
Yokley, Mr. Speaker Williams -- 89

       Representatives voting no were: Ford, Hill -- 2

       A motion to reconsider was tabled.


                                   HOUSE ACTION ON SENATE MESSAGE

       *House Bill No. 3291 -- Sunset Laws - As introduced, extends the Tennessee court of
the judiciary, June 30, 2011. Amends TCA Title 4, Chapter 29 and Title 17, Chapter 5. by
*Lynn. (SB3181 by *Watson, *Ketron, *Bunch)

      Further consideration of House Bill No. 3291 previously considered on today’s Message
Calendar.

                                     CONFERENCE COMMITTEE REPORT
                                         ON HOUSE BILL NO. 3291

        The House and Senate Conference Committee appointed pursuant to motions to resolve
the differences between the two houses on House Bill No. 3291 (Senate Bill No. 3181) has met
and recommends that all amendments be deleted.

      The Committee further recommends that the following amendment (#1903932) be
adopted, as follows:

               by deleting all language after the enacting clause and by substituting instead the
       following:

                      SECTION 1. Tennessee Code Annotated, Section 4-29-233(a), is
                 amended by adding a new subdivision thereto, as follows:

                                       ( ) Tennessee court of the judiciary, created by § 17-5-201;

                        SECTION 2. This act shall take effect upon becoming a law, the public
                 welfare requiring it.




                                                               5321
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                 /s/ Senator Bo Watson                                  /s/ Representative Susan Lynn
                 /s/ Senator Jack Johnson                               /s/ Representative Mike Kernell
                 /s/ Senator Tim Barnes                                 /s/ Representative Gary Odom

      Rep. Lynn moved that the Report of the Conference Committee on House Bill No. 3291
be adopted and made the action of the House, which motion prevailed by the following vote:

       Ayes ........................................................................................... 91
       Noes............................................................................................. 0

        Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Brown, Camper, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Curtiss,
Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors, Ferguson,
Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway, Harmon,
Harrison, Harwell, Hawk, Hensley, Hill, Johnson C, Johnson P, Jones S, Jones U, Kernell, Litz,
Lollar, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock, McCord, McCormick, McDaniel,
McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh, Niceley, Odom, Pitts, Pruitt,
Ramsey, Rich, Richardson, Roach, Rowland, Sargent, Shaw, Shipley, Sontany, Stewart,
Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White,
Winningham, Yokley, Mr. Speaker Williams -- 91

       A motion to reconsider was tabled.


                               HOUSE ACTION ON SENATE AMENDMENTS

        *House Bill No. 3608 -- Taxes, Real Property - As introduced, increases the amounts
that may be charged regarding the filing of an application for exemption from property taxes as
a religious, charitable, scientific, or educational institution and the costs of a hearing on the
assessment of property taxes; and removes the prohibition against assessing fees over $1.00
per parcel for electronically filed appeals until the actual appeal forms are filed. Amends TCA
Section 67-5-1501 and Section 67-5-21. by *Fitzhugh. (SB3685 by *McNally)

                                                    Senate Amendment No. 1

              AMEND House Bill No. 3608 by deleting Section 2 in its entirety and substituting
       instead the following:

                          SECTION 2.      Tennessee Code Annotated, Section 67-5-1501, is
                 amended by substituting the language “seven dollars ($7.00)” for the language
                 “five dollars ($5.00)” and the language “one hundred twenty dollars ($120)” for
                 the language “one hundred dollars ($100)” and the language “two dollars ($2.00)”
                 for the language “one dollar ($1.00)” in subsection (d).

       Rep. Fitzhugh moved that the House concur in Senate Amendment(s) No(s). 1 to House
Bill No. 3608, which motion prevailed by the following vote:

       Ayes ........................................................................................... 84
       Noes............................................................................................. 5




                                                               5322
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


       Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks
H, Brooks K, Brown, Camper, Carr, Casada, Cobb J, Cobb T, Coleman, Curtiss, Dean, DeBerry
J, Dennis, Dunn, Eldridge, Faulkner, Favors, Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley,
Gilmore, Hackworth, Halford, Harmon, Harrison, Harwell, Hawk, Haynes, Hill, Johnson C,
Johnson P, Jones S, Jones U, Kernell, Litz, Lollar, Maddox, Maggart, Marsh, Matheny, Matlock,
McCord, McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower,
Niceley, Odom, Pitts, Pruitt, Ramsey, Richardson, Roach, Rowland, Sargent, Shaw, Shipley,
Sontany, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson,
Weaver, White, Winningham, Yokley, Mr. Speaker Williams -- 84

       Representatives voting no were: Campfield, Evans, Hensley, Lynn, Rich -- 5

       A motion to reconsider was tabled.


                       HOUSE ACTION ON SENATE AMENDMENTS

       House Bill No. 3923 -- Professions and Occupations - As introduced, updates licensing
requirements for locksmiths in accordance with the Locksmith Licensing Act of 2006. Amends
TCA Title 62. by *Hardaway. (*SB3644 by *Jackson, *Ford, O.)

                                     Senate Amendment No. 3

               AMEND House Bill No. 3923 By deleting SECTION 3 as amended and
       substituting instead the following:

                      SECTION 3. Tennessee Code Annotated, Section 62-11-110 (a), is
              amended by deleting the section in its entirety and by substituting instead the
              following:

                            Section 62-11-110.

                                   (a) Any person, partnership, association or corporation
                            who engages in or offers to engage in locksmithing services
                            without a license, or who violates the terms and conditions of any
                            licensure or license or renewal of any license granted by the
                            commissioner pursuant to this chapter, shall be subject to a civil
                            penalty of no more than two thousand five hundred dollars
                            ($2,500) per occurrence.

                                   (b) Any person, partnership, association or corporation
                            who engages in or offers to engage in locksmithing services
                            without a license, as required by this chapter, shall be ineligible to
                            apply for a license until twelve (12) months after the violation
                            occurred.

                                   (c) In addition to revocation or suspension of license, a civil
                            penalty of no more than two thousand five hundred ($2,500), may
                            be assessed by the commissioner against any person,
                            partnership, association, or corporation who violates any provision
                            of this chapter, or any rule of the commissioner promulgated
                            pursuant to this chapter.




                                            5323
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                                  (d)

                                                        (1) It is an offense for a person to knowingly
                                                  engage in or offer to engage in locksmithing services if:

                                                                    (A) The services are rendered in exchange
                                                             for compensation; and

                                                                     (B) The person does not have a valid
                                                             license to do so.

                                                        (2) A violation of this subsection is a Class A
                                                  misdemeanor.

                                                 Senate Amendment No. 1 to 3

              AMEND House Bill No. 3923 by deleting the language "Class A misdemeanor" in
       amendatory § 62-11-110(d)(2) of SECTION 3 of the bill as amended and by substituting
       instead the language "Class B misdemeanor".

     Rep. Hardaway moved that the House concur in Senate Amendment(s) No(s). 3 as
amended to House Bill No. 3923.

      Rep. Todd moved the previous question on the motion to concur, which motion was
immediately withdrawn.

     Rep. Hardaway moved that the House concur in Senate Amendment(s) No(s). 3 as
amended to House Bill No. 3923, which motion prevailed by the following vote:

       Ayes ........................................................................................... 71
       Noes........................................................................................... 18
       Present and not voting.................................................................. 1

       Representatives voting aye were: Armstrong, Barker, Bone, Borchert, Brooks H, Brown,
Camper, Carr, Casada, Cobb T, Coleman, Cooper, Curtiss, DeBerry J, DeBerry L, Dennis,
Eldridge, Evans, Faulkner, Favors, Fincher, Fitzhugh, Floyd, Ford, Gilmore, Hackworth, Halford,
Hardaway, Harmon, Harrison, Harwell, Hawk, Hensley, Johnson C, Johnson P, Jones S, Jones
U, Kernell, Lollar, Maddox, Maggart, Matheny, McCormick, McDaniel, McDonald, McManus,
Montgomery, Moore, Naifeh, Odom, Pitts, Pruitt, Ramsey, Rich, Richardson, Roach, Rowland,
Sargent, Shaw, Shipley, Sontany, Stewart, Tidwell, Tindell, Todd, Towns, Turner J, Turner M,
Watson, White, Mr. Speaker Williams -- 71

       Representatives voting no were: Bell, Campfield, Cobb J, Dean, Dunn, Ferguson,
Haynes, Hill, Litz, Lynn, Marsh, Matlock, McCord, Niceley, Swafford, Weaver, Winningham,
Yokley -- 18

       Representatives present and not voting were: Bass -- 1

       A motion to reconsider was tabled.




                                                               5324
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                   HOUSE ACTION ON SENATE MESSAGE

        *Senate Bill No. 440 -- Election Laws - As introduced, requires that person losing right
to vote because of a felony conviction must pay all fines and court costs imposed before right to
vote is restored. Amends TCA Title 40, Chapter 29, Part 2. by *Overbey, *Burks. (HB969 by
*McCord, *Haynes, *Lundberg, *White, *Faulkner, *Fincher)

      Further consideration of Senate Bill No. 440 previously considered on today’s Message
Calendar.

                                              MOTION TO RECONSIDER

      Rep. McCord moved to lift from the table the motion to reconsider action in passing
Senate Bill No. 440, which motion prevailed.

        Rep. McCord moved to reconsider action in passing Senate Bill No. 440, which motion
prevailed.

       Rep. McCord moved that Senate Bill No. 440, as amended, be passed on third and final
consideration.

       Rep. Fitzhugh moved that the House reconsider its action in adopting Amendment No. 3.

       Rep. Fitzhugh moved that Amendment No. 3 be withdrawn, which motion prevailed.

       Rep. McCord moved adoption of Amendment No. 4 as follows:

                                                          Amendment No. 4

             AMEND Senate Bill No. 440 By deleting subdivision (b)(2) of the amendatory
       language of SECTION 1 and substituting instead the following:

                        (2) Beginning September 1, 2010, notwithstanding the provisions of
                 subsection (a), a person shall not be eligible to apply for a voter registration card
                 and have the right of suffrage restored, unless the person has paid all court costs
                 assessed against the person at the conclusion of the person's trial, except where
                 the court has made a finding at an evidentiary hearing that the applicant is
                 indigent at the time of application.

       Rep. Lollar moved the previous question on Amendment No. 4, which motion prevailed.

       On motion, Amendment No. 4 was adopted by the following vote:

       Ayes ........................................................................................... 77
       Noes........................................................................................... 11
       Present and not voting.................................................................. 2




                                                               5325
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


       Representatives voting aye were: Barker, Bass, Bell, Bone, Borchert, Brooks H, Brooks
K, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Curtiss, Dean, DeBerry L, Dennis,
Dunn, Eldridge, Evans, Faulkner, Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Hackworth,
Halford, Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones
S, Litz, Lollar, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock, McCord, McCormick,
McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Naifeh, Niceley, Pitts,
Ramsey, Rich, Roach, Rowland, Sargent, Shaw, Shipley, Sontany, Swafford, Tidwell, Todd,
Towns, Turner M, Watson, Weaver, White, Winningham, Yokley, Mr. Speaker Williams -- 77

      Representatives voting no were: Armstrong, Camper, DeBerry J, Favors, Hardaway,
Jones U, Odom, Richardson, Stewart, Tindell, Turner J -- 11

       Representatives present and not voting were: Cooper, Kernell -- 2

       Rep. Haynes moved the previous question, which motion failed by the following vote:

       Ayes ........................................................................................... 52
       Noes........................................................................................... 41

        Representatives voting aye were: Bass, Bell, Borchert, Brooks H, Brooks K, Carr,
Casada, Cobb J, Dennis, Eldridge, Evans, Faulkner, Fincher, Floyd, Ford, Fraley, Hackworth,
Halford, Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P,
Lollar, Lynn, Maggart, Marsh, Matheny, Matlock, McCord, McCormick, McDaniel, McManus,
Montgomery, Mumpower, Niceley, Ramsey, Rich, Roach, Rowland, Sargent, Shipley, Swafford,
Todd, Watson, Weaver, White, Mr. Speaker Williams -- 52

       Representatives voting no were: Armstrong, Barker, Bone, Brown, Camper, Campfield,
Cobb T, Coleman, Cooper, Curtiss, Dean, DeBerry J, DeBerry L, Dunn, Favors, Ferguson,
Fitzhugh, Gilmore, Hardaway, Jones S, Jones U, Kernell, Litz, Maddox, McDonald, Moore,
Naifeh, Odom, Pitts, Pruitt, Richardson, Shaw, Sontany, Stewart, Tidwell, Tindell, Towns,
Turner J, Turner M, Winningham, Yokley -- 41

         After further discussion, Rep. Rich moved the previous question, which motion failed by
the following vote:

       Ayes ........................................................................................... 53
       Noes........................................................................................... 35

        Representatives voting aye were: Bass, Bell, Borchert, Brooks H, Brooks K, Campfield,
Carr, Casada, Cobb J, Dean, Dennis, Dunn, Eldridge, Evans, Faulkner, Floyd, Ford, Halford,
Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Lollar, Lynn,
Maggart, Marsh, Matheny, Matlock, McCord, McCormick, McDaniel, McManus, Montgomery,
Mumpower, Niceley, Ramsey, Rich, Roach, Rowland, Sargent, Shipley, Swafford, Tidwell,
Tindell, Todd, Watson, Weaver, White -- 53

       Representatives voting no were: Armstrong, Brown, Camper, Cobb T, Cooper, Curtiss,
DeBerry J, DeBerry L, Favors, Ferguson, Fincher, Fitzhugh, Gilmore, Hackworth, Hardaway,
Jones S, Jones U, Kernell, Litz, Maddox, McDonald, Moore, Naifeh, Odom, Pitts, Pruitt,
Richardson, Shaw, Sontany, Stewart, Towns, Turner J, Turner M, Winningham, Yokley -- 35




                                                               5326
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


         After continuted debate, Rep. Bell moved the previous question, which motion failed by
the following vote:

       Ayes ........................................................................................... 56
       Noes........................................................................................... 36

        Representatives voting aye were: Bass, Bell, Brooks H, Brooks K, Campfield, Carr,
Casada, Cobb J, Dean, Dennis, Dunn, Eldridge, Evans, Faulkner, Fitzhugh, Floyd, Ford, Fraley,
Halford, Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Litz,
Lollar, Lynn, Maggart, Marsh, Matheny, Matlock, McCord, McCormick, McDaniel, McManus,
Montgomery, Mumpower, Niceley, Pitts, Ramsey, Rich, Roach, Rowland, Sargent, Shipley,
Swafford, Tindell, Todd, Watson, Weaver, White, Mr. Speaker Williams -- 56

       Representatives voting no were: Armstrong, Barker, Bone, Borchert, Brown, Camper,
Cobb T, Coleman, Cooper, Curtiss, DeBerry L, Favors, Ferguson, Fincher, Gilmore, Hackworth,
Hardaway, Jones S, Jones U, Kernell, Maddox, McDonald, Moore, Naifeh, Odom, Pruitt,
Richardson, Shaw, Sontany, Stewart, Tidwell, Towns, Turner J, Turner M, Winningham, Yokley
-- 36


                                                  CHAIR TO SPEAKER

       Mr. Speaker Williams resumed the Chair.


                                      MESSAGE CALENDAR, CONTINUED

       Following additional debate on the bill, Rep. M. Turner moved the previous question,
which motion prevailed.

       Rep. McCord moved that Senate Bill No. 440, as amended, be passed on third and final
consideration, which motion prevailed by the following vote:

       Ayes ........................................................................................... 70
       Noes........................................................................................... 23

       Representatives voting aye were: Barker, Bass, Bell, Bone, Borchert, Brooks H, Brooks
K, Campfield, Carr, Casada, Cobb J, Cobb T, Coleman, Curtiss, Dean, Dennis, Dunn, Eldridge,
Evans, Faulkner, Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Hackworth, Halford,
Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Litz, Lollar,
Lynn, Maggart, Marsh, Matheny, Matlock, McCord, McCormick, McDaniel, McDonald,
McManus, Montgomery, Mumpower, Niceley, Pitts, Ramsey, Rich, Roach, Rowland, Sargent,
Shaw, Shipley, Sontany, Swafford, Tindell, Todd, Watson, Weaver, White, Winningham, Yokley,
Mr. Speaker Williams -- 70

      Representatives voting no were: Armstrong, Brown, Camper, Cooper, DeBerry J,
DeBerry L, Favors, Gilmore, Hardaway, Jones S, Jones U, Kernell, Maddox, Moore, Naifeh,
Odom, Pruitt, Richardson, Stewart, Tidwell, Towns, Turner J, Turner M -- 23

       A motion to reconsider was tabled.



                                                               5327
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                               JOURNAL CORRECTION

      The Speaker announced that Rep. Matheny requested that his vote on Senate Bill No.
440 be recorded as “aye” and have the same reflected in the vote count/results set out in the
House Journal. Without objection it was so ordered.

                                                  ORDER OF THE DAY

        Without objection, Rep. Mumpower moved that the House proceed with Unfinished
Business as the next order of the day and that the House vote on the veto override on Senate
Bill No. 3012, which motion prevailed.

                                                UNFINISHED BUSINESS

        On motion the House went under the “Rule.” The Clerk read the veto message.

                                           MOTION TO OVERRIDE VETO

        *Senate Bill No. 3012 -- Handgun Permits - As enacted, allows person with handgun
carry permit to possess handgun in establishment where alcohol is served, provided it is not
posted and person does not consume alcohol; specifies penalties for violations. Amends TCA
Title 39, Chapter 17, Part 13; Section 57-3-204 and Section 57-4-203. by *Jackson, *Bunch,
*Gresham, *Tracy, *Ramsey, *Black. (HB3125 by *Todd, *Dennis, *Evans, *Fincher, *West,
*Eldridge, *Faulkner)

       Rep. Todd moved that Senate Bill No. 3012 be passed on third and final consideration
notwithstanding the objections of the Governor, pursuant to Article 3, Section 18, of the
Constitution of the State of Tennessee.

       Rep. Bass moved the previous question, which motion prevailed.

       Rep. Todd moved that Senate Bill No. 3012 be passed on third and final consideration
notwithstanding the objections of the Governor, which motion prevailed by the following vote:

       Ayes ........................................................................................... 61
       Noes........................................................................................... 30

        Representatives voting aye were: Barker, Bass, Bell, Bone, Brooks H, Brooks K,
Campfield, Carr, Casada, Cobb J, Cobb T, Dean, Dennis, Dunn, Eldridge, Evans, Faulkner,
Ferguson, Fincher, Floyd, Ford, Fraley, Hackworth, Halford, Harrison, Hawk, Haynes, Hensley,
Hill, Johnson C, Johnson P, Litz, Lollar, Lynn, Maddox, Maggart, Marsh, Matheny, Matlock,
McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Mumpower, Niceley,
Ramsey, Rich, Rowland, Sargent, Shipley, Swafford, Tidwell, Todd, Watson, Weaver, White,
Winningham, Yokley, Mr. Speaker Williams -- 61

       Representatives voting no were: Armstrong, Borchert, Brown, Camper, Coleman,
Cooper, Curtiss, DeBerry J, DeBerry L, Favors, Fitzhugh, Gilmore, Hardaway, Harmon, Harwell,
Jones S, Jones U, Kernell, McCord, Naifeh, Odom, Pitts, Pruitt, Richardson, Shaw, Sontany,
Stewart, Tindell, Turner J, Turner M -- 30

       A motion to reconsider was tabled.


                                                               5328
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                           MOTION TO ADOPT REVISED HOUSE SCHEDULE

      On motion, the House voted to determine the day to be set as the date for the House to
convene with “aye” signifying Saturday, June 5, 2010 and “no” signifying Tuesday, June 8,
2010:

       Ayes ........................................................................................... 43
       Noes........................................................................................... 45
       Present and not voting.................................................................. 2

      Representatives voting aye were: Bell, Brooks H, Brooks K, Campfield, Casada, Cobb J,
Cobb T, Curtiss, Dean, Dennis, Eldridge, Ferguson, Fitzhugh, Ford, Halford, Harrison, Harwell,
Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Lynn, Maggart, Marsh, Matheny, Matlock,
McCord, McCormick, McDaniel, McManus, Montgomery, Mumpower, Niceley, Ramsey, Rich,
Sargent, Shipley, Tidwell, Watson, Weaver, White -- 43

        Representatives voting no were: Armstrong, Barker, Bass, Bone, Borchert, Brown,
Camper, Carr, Coleman, Cooper, DeBerry J, DeBerry L, Evans, Faulkner, Favors, Fincher,
Floyd, Fraley, Gilmore, Hardaway, Harmon, Jones S, Jones U, Kernell, Litz, Lollar, Maddox,
McDonald, Naifeh, Pitts, Pruitt, Richardson, Rowland, Shaw, Sontany, Stewart, Swafford,
Tindell, Todd, Towns, Turner J, Turner M, Winningham, Yokley, Mr. Speaker Williams -- 45

       Representatives present and not voting were: Hackworth, Moore -- 2

       Thereupon, the Tuesday, June 8, 2010 was set as the date for the House to convene.


                                                  MOTION TO RECESS

       Rep. Odom moved that the House stand in recess until 2:00 p.m., Tuesday, June 8,
2010, which motion failed by the following vote:

       Ayes ........................................................................................... 43
       Noes........................................................................................... 47
       Present and not voting.................................................................. 1

       Representatives voting aye were: Armstrong, Barker, Bass, Bone, Borchert, Brown,
Camper, Carr, Cobb T, Coleman, DeBerry J, DeBerry L, Evans, Faulkner, Ferguson, Fincher,
Floyd, Gilmore, Hardaway, Harmon, Jones S, Jones U, Kernell, Litz, Lollar, Maddox, McDonald,
Moore, Naifeh, Odom, Pitts, Pruitt, Richardson, Rowland, Sontany, Stewart, Swafford, Todd,
Turner J, Turner M, Winningham, Yokley, Mr. Speaker Williams -- 43

       Representatives voting no were: Bell, Brooks H, Brooks K, Campfield, Casada, Cobb J,
Cooper, Curtiss, Dean, Dennis, Dunn, Eldridge, Fitzhugh, Ford, Fraley, Hackworth, Halford,
Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Lynn, Maggart, Marsh,
Matheny, Matlock, McCord, McCormick, McDaniel, McManus, Montgomery, Mumpower,
Niceley, Ramsey, Rich, Sargent, Shaw, Shipley, Tidwell, Tindell, Watson, Weaver, White -- 47

       Representatives present and not voting were: Roach -- 1




                                                               5329
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


       After further debate, Rep. Mumpower moved that the House stand in recess until 9:00
a.m., Saturday, June 5, 2010, which motion failed by the following vote:

       Ayes ........................................................................................... 42
       Noes........................................................................................... 47

       Representatives voting aye were: Bell, Brooks H, Brooks K, Campfield, Casada, Cobb J,
Cooper, Dean, Dennis, Eldridge, Faulkner, Ferguson, Fitzhugh, Floyd, Ford, Halford, Harrison,
Harwell, Haynes, Hensley, Johnson C, Johnson P, Lynn, Maggart, Marsh, Matheny, Matlock,
McCord, McCormick, McDaniel, McManus, Montgomery, Mumpower, Niceley, Ramsey, Rich,
Rowland, Sargent, Shipley, Watson, Weaver, Mr. Speaker Williams -- 42

       Representatives voting no were: Armstrong, Barker, Bass, Bone, Borchert, Brown,
Camper, Carr, Cobb T, Coleman, Curtiss, DeBerry J, DeBerry L, Evans, Fincher, Fraley,
Gilmore, Hackworth, Hardaway, Harmon, Hawk, Hill, Jones S, Jones U, Kernell, Litz, Lollar,
Maddox, McDonald, Moore, Naifeh, Odom, Pitts, Pruitt, Richardson, Shaw, Sontany, Stewart,
Swafford, Tidwell, Tindell, Todd, Turner J, Turner M, White, Winningham, Yokley -- 47

       After continued debate, Rep. McCord moved that the House stand in recess until 10:00
a.m., Saturday, June 5, 2010, which motion failed by the following vote:

       Ayes ........................................................................................... 44
       Noes........................................................................................... 46

      Representatives voting aye were: Bell, Brooks H, Brooks K, Campfield, Casada, Cobb J,
Cooper, Dean, Dennis, Dunn, Eldridge, Faulkner, Ferguson, Fitzhugh, Ford, Harrison, Harwell,
Haynes, Hensley, Johnson C, Johnson P, Lynn, Maggart, Marsh, Matheny, Matlock, McCord,
McCormick, McDaniel, McManus, Montgomery, Mumpower, Niceley, Pruitt, Ramsey, Rich,
Rowland, Sargent, Shipley, Todd, Watson, Weaver, White, Mr. Speaker Williams -- 44

        Representatives voting no were: Armstrong, Barker, Bass, Bone, Borchert, Brown,
Camper, Carr, Cobb T, Coleman, Curtiss, DeBerry J, DeBerry L, Evans, Fincher, Floyd, Fraley,
Gilmore, Hackworth, Halford, Hardaway, Harmon, Hawk, Hill, Jones S, Jones U, Kernell, Litz,
Lollar, Maddox, McDonald, Moore, Naifeh, Odom, Pitts, Richardson, Shaw, Sontany, Stewart,
Swafford, Tidwell, Tindell, Turner J, Turner M, Winningham, Yokley -- 46


                                                   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 Resolution No. 441:         Rep(s). Maggart, Lynn, Swafford, Hill, Halford,
Montgomery, White, Haynes, McCormick, Marsh, McDaniel, McCord, Harrison, Watson,
Ramsey, Ford, U. Jones, Naifeh, Litz, Yokley, Tidwell, Shipley, Barker, Maddox, Hawk,
Winningham, Harwell, Armstrong, Tindell, Casada, Mumpower, Favors, Hensley, Rich,
Campfield, Dennis, T. Cobb, Pitts, Bone, Shaw, Moore, Hardaway, Stewart, Coleman, Gilmore,
Pruitt, Matheny, Lollar, Eldridge, McManus, Richardson, Kernell, Camper, J. Turner, Dean, P.
Johnson, Niceley, C. Johnson, K. Brooks, Weaver, Lundberg, Matlock, Evans, Carr, Faulkner,
Harmon, Floyd, J. Cobb, Todd, Cooper, Borchert, Fraley, Fincher, Sontany, M. Turner,
Ferguson, Fitzhugh, Bass, Odom, McDonald, Sargent, Towns and S. Jones as prime
sponsor(s).




                                                               5330
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


       House Resolution No. 446: Rep(s). Cooper as prime sponsor(s).

      House Joint Resolution No. 1398:           Rep(s). Evans, Dennis and Rich as prime
sponsor(s).

       House Bill No. 2625:    Rep(s). Haynes as prime sponsor(s).

       House Bill No. 3193:    Rep(s). Hardaway and Winningham as prime sponsor(s).

       House Bill No. 3277:    Rep(s). Casada and Sargent as prime sponsor(s).


                               MESSAGE FROM THE SENATE
                                     June 4, 2010

       MR. SPEAKER: I am directed to return to the House, House Joint Resolutions Nos.
1356, 1357, 1358, 1360, 1361, 1362, 1363, 1365, 1366, 1367 and 1369; signed by the Speaker.

                                                        RUSSELL A. HUMPHREY, Chief Clerk.

                         REPORT OF CHIEF ENGROSSING CLERK
                                    June 4, 2010

       MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have
transmitted to the Governor the following: House Joint Resolutions Nos. 1356, 1357, 1358,
1360, 1361, 1362, 1363, 1365, 1366, 1367 and 1369; for his action.

                                                BETTY KAY FRANCIS, Chief Engrossing Clerk.

                                      ENROLLED BILLS
                                        June 4, 2010

       MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefully
compared House Resolutions Nos. 319, 415, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433,
434, 435, 437, 438, 439 and 440; and find same correctly enrolled and ready for the signature of
the Speaker.

                                                BETTY KAY FRANCIS, Chief Engrossing Clerk.

                                           SIGNED
                                         June 4, 2010

       The Speaker announced that he had signed the following: House Resolutions Nos. 319,
415, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 437, 438, 439 and 440.

                                                BETTY KAY FRANCIS, Chief Engrossing Clerk.




                                             5331
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                              MESSAGE FROM THE SENATE
                                    June 4, 2010

       MR. SPEAKER: I am directed to transmit to the House, Senate Bill No. 3427; passed by
the Senate.

                                                      RUSSELL A. HUMPHREY, Chief Clerk.

       Senate Bill No. 3427 -- Education - As introduced, requires that a student's TCAP test
score comprise 20 percent of the student's final grade for the corresponding subject. Amends
TCA Title 49. by *Finney L, *Kelsey, *Stewart, *Tate, *Black. (*HB3545 by *Maddox, *Maggart,
*Harwell, *Towns, *Williams, *Hardaway, *Naifeh, *Richardson, *Ramsey, *Brown, *Eldridge,
*Fincher, *Cobb T, *Brooks K, *Coleman, *Camper, *McDonald, *Barker, *Litz, *Dunn, *Haynes,
*Winningham, *Lynn, *Montgomery, *Fitzhugh, *Carr, *Todd, *Lollar, *Yokley, *Evans, *Brooks
H, *Hensley, *Stewart, *McCormick, *Campfield, *Weaver, *Shaw, *Bone, *White, *Johnson C)

                              MESSAGE FROM THE SENATE
                                    June 4, 2010

       MR. SPEAKER: I am directed to return to the House, House Bill No. 2474; substituted
for Senate bill on same subject, amended, and passed by the Senate.

                                                      RUSSELL A. HUMPHREY, Chief Clerk.

                              MESSAGE FROM THE SENATE
                                    June 4, 2010

      MR. SPEAKER: I am directed to return to the House, House Bill No. 782; substituted for
Senate bill on same subject, amended, and passed by the Senate.

                                                      RUSSELL A. HUMPHREY, Chief Clerk.

                              MESSAGE FROM THE SENATE
                                    June 4, 2010

       MR. SPEAKER: I am directed to return to the House, House Bill No. 3736; substituted
for Senate bill on same subject, amended, and passed by the Senate.

                                                      RUSSELL A. HUMPHREY, Chief Clerk.

                              MESSAGE FROM THE SENATE
                                    June 4, 2010

       MR. SPEAKER: I am directed to return to the House, House Bill No. 3939; substituted
for Senate bill on same subject, amended, and passed by the Senate.

                                                      RUSSELL A. HUMPHREY, Chief Clerk.




                                            5332
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                              MESSAGE FROM THE SENATE
                                    June 4, 2010

       MR. SPEAKER: I am directed to return to the House, House Joint Resolutions Nos. 472,
917, 1371, 1372, 1373, 1377, 1378, 1379, 1380, 1381, 1383, 1384, 1385, 1386, 1387, 1388,
1389, 1390, 1391, 1392 and 1393; concurred in by the Senate.

                                                       RUSSELL A. HUMPHREY, Chief Clerk.

                                     ENROLLED BILLS
                                       June 4, 2010

        MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefully
compared House Resolutions Nos. 383 and 397; and find same correctly enrolled and ready for
the signature of the Speaker.

                                               BETTY KAY FRANCIS, Chief Engrossing Clerk.

                                          SIGNED
                                        June 4, 2010

      The Speaker announced that he had signed the following: House Resolutions Nos. 383
and 397.

                                               BETTY KAY FRANCIS, Chief Engrossing Clerk.

                              MESSAGE FROM THE SENATE
                                    June 4, 2010

       MR. SPEAKER: I am directed to return to the House, House Bills Nos. 2644, 2645,
2693, 3499, 3631, 3735, 3739, 3740, 3794 and 3995; substituted for Senate bills on same
subjects and passed by the Senate.

                                                       RUSSELL A. HUMPHREY, Chief Clerk.

                              MESSAGE FROM THE SENATE
                                    June 4, 2010

       MR. SPEAKER: I am directed to transmit to the House, Senate Bills Nos. 2498, 2724,
2775, 2882, 2899, 3502 and 3847; passed by the Senate.

                                                       RUSSELL A. HUMPHREY, Chief Clerk.

        *Senate Bill No. 2498 -- Environmental Preservation - As introduced, removes the
reporting requirements from the black fly suppression program. Amends TCA Title 43, Chapter
6, Part 5. by *Southerland. (HB3008 by *Montgomery)

        Senate Bill No. 2724 -- Sexual Offenders - As introduced, rewrites various provisions
of the Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act
of 2004. Amends TCA Title 37; Title 40; Title 49 and Title 55. by *Black, *Burks. (*HB2788 by
*Maggart, *Fincher, *Faulkner, *Todd, *Hardaway, *Coleman)


                                            5333
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


         *Senate Bill No. 2775 -- Surveyors - As introduced, creates "retired" licensure status
for licensed surveyors. Amends TCA Title 62, Chapter 18, Part 1 and Title 66, Chapter 6, Part 1.
by *Burchett, *Tate. (HB3247 by *McCord)

         Senate Bill No. 2882 -- Criminal Offenses - As introduced, makes failure to exercise
due care in a construction zone or a school safety zone resulting in death, vehicular homicide;
punishable as Class D felony. Amends TCA Section 39-13-213. by *Crowe, *Faulk. (*HB2872
by *Hill, *Williams, *Faulkner, *Todd, *Hardaway, *Hensley)

         *Senate Bill No. 2899 -- Lottery, Scholarships and Programs - As introduced, redefines
"eligible independent postsecondary institution" to include institutions that are members of an
accrediting agency that is recognized by the U.S. department of education and the Council on
Higher Education Accreditation. Amends TCA Title 49, Chapter 4, Part 9. by *McNally, *Ford,
O., *Watson, *Tate, *Berke. (HB3479 by *Matlock, *Montgomery, *Ramsey, *Cooper B, *Brooks
K, *Armstrong, *Camper, *McCormick, *Dean, *Tindell, *Faulkner, *Gilmore, *Brown,
*Campfield, *Fitzhugh, *Bone, *Brooks H)

        Senate Bill No. 3502 -- Tobacco Master Settlement Agreement - As introduced,
allocates increased funds resulting from modifications made in arbitration to the tobacco master
settlement agreement in equal amounts to the agricultural reserve account to fund the
agricultural enhancement grant program and to the health reserve account to fund wellness and
prevention programs. Amends TCA Title 9, Chapter 4. by *Burks. (*HB3473 by *Bone,
*McDaniel, *Shaw, *Armstrong)

      *Senate Bill No. 3847 -- State Government - As introduced, enacts the "Tennessee
Residence Commission Act of 2010." Amends TCA Title 4, Chapter 23. by *Kyle, *Berke.
(HB3847 by *Turner M, *Naifeh, *DeBerry L)

                                     ENGROSSED BILLS
                                        June 4, 2010

       MR. SPEAKER: The following bills have been examined, engrossed and are ready for
transmission to the Senate: House Bill No. 966;

                                                BETTY KAY FRANCIS, Chief Engrossing Clerk.

                               MESSAGE FROM THE SENATE
                                     June 4, 2010

       MR. SPEAKER: I am directed to return to the House, House Bill No. 2978; substituted
for Senate bill on same subject, amended, and passed by the Senate.

                                                        RUSSELL A. HUMPHREY, Chief Clerk.

                               MESSAGE FROM THE SENATE
                                     June 4, 2010

      MR. SPEAKER: I am directed to return to the House, House Bill No. 193; substituted for
Senate bill on same subject, amended, and passed by the Senate.

                                                        RUSSELL A. HUMPHREY, Chief Clerk.


                                             5334
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                      ENGROSSED BILLS
                                         June 4, 2010

       MR. SPEAKER: The following bills have been examined, engrossed and are ready for
transmission to the Senate: House Bill No. 3474;

                                                 BETTY KAY FRANCIS, Chief Engrossing Clerk.

                                MESSAGE FROM THE SENATE
                                      June 4, 2010

       MR. SPEAKER: I am directed to transmit to the House, Senate Bill No. 2621; passed by
the Senate.

                                                          RUSSELL A. HUMPHREY, Chief Clerk.

         *Senate Bill No. 2621 -- Students - As introduced, authorizes random drug testing of
students who participate in extracurricular activities; requires LEAs testing students for drugs to
have policies and procedures for assisting and counseling students testing positive. Amends
TCA Section 49-6-4213. by *Tracy, *Ketron, *Burks, *Herron. (HB3200 by *Winningham, *Hawk,
*Lollar, *Evans, *Eldridge, *Brooks H)

                                MESSAGE FROM THE SENATE
                                      June 4, 2010

       MR. SPEAKER: I am directed to transmit to the House, Senate Bills Nos. 852, 1751,
2835, 2943, 3333 and 3907; For the signature of the Speaker.

                                                          RUSSELL A. HUMPHREY, Chief Clerk.

                                            SIGNED
                                          June 4, 2010

       The Speaker announced that he had signed the following: Senate Bills Nos. 852, 1751,
2835, 2943, 3333 and 3907.

                                      ENGROSSED BILLS
                                         June 4, 2010

       MR. SPEAKER: The following bills have been examined, engrossed and are ready for
transmission to the Senate: House Bills Nos. 1911 and 2765.

                                                 BETTY KAY FRANCIS, Chief Engrossing Clerk.

                                MESSAGE FROM THE SENATE
                                      June 4, 2010

       MR. SPEAKER: I am directed to return to the House, House Bill No. 3282; substituted
for Senate bill on same subject, amended, and passed by the Senate.

                                                          RUSSELL A. HUMPHREY, Chief Clerk.


                                              5335
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                              MESSAGE FROM THE SENATE
                                    June 4, 2010

       MR. SPEAKER: I am directed to return to the House, House Bill No. 270

The Senate acceded to the request of the House for the appointment of a conference
Committee. The Speaker appointed a Conference Committee composed of Senators: Bunch,
Norris, Finney to confer with a like committee from the House in open conference to resolve the
differences between the bodies on House Bill No. 270

                                                       RUSSELL A. HUMPHREY, Chief Clerk.

                              MESSAGE FROM THE SENATE
                                    June 4, 2010

       MR. SPEAKER: I am directed to transmit to the House, Senate Joint Resolutions Nos.
869, 931, 966, 1197, 1264, 1265, 1266, 1267, 1269, 1270, 1271, 1272, 1273, 1274, 1276, 1277,
1279, 1282, 1283, 1284, 1290, 1292, 1293, 1297 and 1298; For the signature of the Speaker.

                                                       RUSSELL A. HUMPHREY, Chief Clerk.

                                          SIGNED
                                        June 4, 2010

       The Speaker announced that he had signed the following: Senate Joint Resolutions
Nos. 869, 931, 966, 1197, 1264, 1265, 1266, 1267, 1269, 1270, 1271, 1272, 1273, 1274, 1276,
1277, 1279, 1282, 1283, 1284, 1290, 1292, 1293, 1297 and 1298.

                              MESSAGE FROM THE SENATE
                                    June 4, 2010

      MR. SPEAKER: I am directed to return to the House, House Bills Nos. 3114, 3142, 3149
and 3176; substituted for Senate bills on same subjects and passed by the Senate.

                                                       RUSSELL A. HUMPHREY, Chief Clerk.

                              MESSAGE FROM THE SENATE
                                    June 4, 2010

       MR. SPEAKER: I am directed to return to the House, House Bill No. 2455

The Senate acceded to the request of the House for the appointment of a conference
Committee. The Speaker appointed a Conference Committee composed of Senators: Watson,
Johnson, Barnes to confer with a like committee from the House in open conference to resolve
the differences between the bodies on House Bill No. 2455

                                                       RUSSELL A. HUMPHREY, Chief Clerk.




                                             5336
FRIDAY, JUNE 4, 2010 – EIGHTY-NINTH LEGISLATIVE DAY


                                          MESSAGE FROM THE SENATE
                                                June 4, 2010

      MR. SPEAKER: I am directed to return to the House, House Joint Resolutions Nos. 992
and 1253; concurred in by the Senate.

                                                                               RUSSELL A. HUMPHREY, Chief Clerk.


                                                     RECESS MOTION

       After additional discussion, Rep. Odom moved that the House stand in recess until 1:00
p.m., Tuesday, June 8, 2010, which motion prevailed by the following vote:

       Ayes ........................................................................................... 49
       Noes........................................................................................... 41

       Representatives voting aye were: Armstrong, Barker, Bass, Bone, Borchert, Brown,
Camper, Carr, Cobb T, Coleman, Curtiss, DeBerry L, Evans, Faulkner, Fincher, Floyd, Fraley,
Gilmore, Hackworth, Hardaway, Harmon, Hensley, Jones S, Jones U, Kernell, Litz, Lollar,
Maddox, McDonald, Moore, Naifeh, Odom, Pitts, Pruitt, Richardson, Rowland, Shaw, Sontany,
Stewart, Swafford, Tindell, Todd, Towns, Turner J, Turner M, White, Winningham, Yokley, Mr.
Speaker Williams -- 49

       Representatives voting no were: Bell, Brooks H, Brooks K, Campfield, Casada, Cobb J,
Cooper, Dean, Dennis, Dunn, Eldridge, Ferguson, Fitzhugh, Ford, Halford, Harrison, Harwell,
Hawk, Haynes, Hill, Johnson C, Johnson P, Lynn, Maggart, Marsh, Matheny, Matlock, McCord,
McCormick, McDaniel, McManus, Montgomery, Mumpower, Niceley, Ramsey, Rich, Sargent,
Shipley, Tidwell, Watson, Weaver -- 41

      Thereupon, Mr. Speaker Williams declared the House stand in recess until 1:00 p.m.,
Tuesday, June 8, 2010.




                                                               5337

				
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