monday, march 17, 2003 eighteenth legislative day

22
MONDAY, MARCH 17, 2003 EIGHTEENTH LEGISLATIVE DAY The House met at 5:00 p.m. and was called to order by Mr. Speaker Naifeh. The proceedings were opened with prayer by Joey Frank, Leatherwood Baptist Church, Waynesboro, Tennessee. Representative Rinks led the House in the Pledge of Allegiance to the Flag. ROLL CALL The roll call was taken with the following results: Present ......................................................................................... 96 Representatives present were: Armstrong, Baird, Bittle, Black, Bone, Borchert, Bowers, Briley, Brooks (Knox), Brooks (Shelby), Brown, Buck, Bunch, Buttry, Casada, Chumney, Clem, Cobb, Cochran, Coleman, Cooper, Crider, Curtiss, Davidson, Davis, DeBerry J, DeBerry L, DuBois, Dunn, Eldridge, Ferguson, Fitzhugh, Fowlkes, Fraley, Garrett, Godsey, Gresham, Hackworth, Hagood, Hargett, Hargrove, Harmon, Harrison, Harwell, Hawk, Head, Hensley, Hood, Johnson P, Johnson R, Jones S, Jones U, Kernell, Litz, Lynn, Maddox, Matheny, McCord, McDaniel, McDonald, McKee, McMillan, Miller, Montgomery, Mumpower, Newton, Odom, Overbey, Patton, Pinion, Pleasant, Rinks, Roach, Rowland, Sargent, Sharp, Shaw, Shepard, Sontany, Stanley, Tidwell, Tindell, Todd, Towns, Turner B, Turner L, Turner M, Vaughn, Vincent, Walker, West, Windle, Winningham, Wood, Yokley, Mr. Speaker Naifeh -- 96. EXCUSED The Speaker announced that the following member(s) has/have been excused, pursuant to request(s) under Rule No. 20: Representative Langster; illness. Representative Pruitt; illness. 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. 230: Rep(s). Shepard and Tidwell as prime sponsor(s). House Bill No. 269: Rep(s). Tidwell as prime sponsor(s). House Bill No. 529: Rep(s). Clem and Cochran as prime sponsor(s). 561

Upload: others

Post on 25-May-2022

1 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: MONDAY, MARCH 17, 2003 EIGHTEENTH LEGISLATIVE DAY

MONDAY, MARCH 17, 2003

EIGHTEENTH LEGISLATIVE DAY The House met at 5:00 p.m. and was called to order by Mr. Speaker Naifeh. The proceedings were opened with prayer by Joey Frank, Leatherwood Baptist Church, Waynesboro, Tennessee. Representative Rinks led the House in the Pledge of Allegiance to the Flag.

ROLL CALL The roll call was taken with the following results: Present.........................................................................................96 Representatives present were: Armstrong, Baird, Bittle, Black, Bone, Borchert, Bowers, Briley, Brooks (Knox), Brooks (Shelby), Brown, Buck, Bunch, Buttry, Casada, Chumney, Clem, Cobb, Cochran, Coleman, Cooper, Crider, Curtiss, Davidson, Davis, DeBerry J, DeBerry L, DuBois, Dunn, Eldridge, Ferguson, Fitzhugh, Fowlkes, Fraley, Garrett, Godsey, Gresham, Hackworth, Hagood, Hargett, Hargrove, Harmon, Harrison, Harwell, Hawk, Head, Hensley, Hood, Johnson P, Johnson R, Jones S, Jones U, Kernell, Litz, Lynn, Maddox, Matheny, McCord, McDaniel, McDonald, McKee, McMillan, Miller, Montgomery, Mumpower, Newton, Odom, Overbey, Patton, Pinion, Pleasant, Rinks, Roach, Rowland, Sargent, Sharp, Shaw, Shepard, Sontany, Stanley, Tidwell, Tindell, Todd, Towns, Turner B, Turner L, Turner M, Vaughn, Vincent, Walker, West, Windle, Winningham, Wood, Yokley, Mr. Speaker Naifeh -- 96.

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

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. 230: Rep(s). Shepard and Tidwell as prime sponsor(s). House Bill No. 269: Rep(s). Tidwell as prime sponsor(s). House Bill No. 529: Rep(s). Clem and Cochran as prime sponsor(s).

561

Page 2: MONDAY, MARCH 17, 2003 EIGHTEENTH LEGISLATIVE DAY

MONDAY, MARCH 17, 2003 – EIGHTEENTH LEGISLATIVE DAY

House Bill No. 531: Rep(s). Clem, Cochran and Armstrong as prime sponsor(s). House Bill No. 585: Rep(s). Buttry and Walker as prime sponsor(s).

MESSAGE FROM THE SENATE March 17, 2003

MR. SPEAKER: I am directed to transmit to the House, Senate Joint Resolution(s) No(s). 48; adopted for concurrence.

RUSSELL A. HUMPHREY, Chief Clerk. Senate Joint Resolution No. 48 -- Memorials, Death - Ben Marlin Gaines, Sr. by *Herron, *McLeary, *Bryson.

MESSAGE FROM THE SENATE March 17, 2003

MR. SPEAKER: I am directed to transmit to the House, Senate Joint Resolution(s) No(s). 179; adopted for concurrence.

RUSSELL A. HUMPHREY, Chief Clerk. Senate Joint Resolution No. 179 -- Memorials, Death - Eugene Woolfork. by *McLeary.

MESSAGE FROM THE SENATE March 17, 2003

MR. SPEAKER: I am directed to transmit to the House, Senate Joint Resolution(s) No(s). 172; adopted for concurrence.

RUSSELL A. HUMPHREY, Chief Clerk. Senate Joint Resolution No. 172 -- Memorials, Death - Marvin Posey. by *Harper, *Kurita.

MESSAGE FROM THE SENATE March 17, 2003

MR. SPEAKER: I am directed to transmit to the House, Senate Joint Resolution(s) No(s). 104, 128 and 131; all adopted for concurrence.

RUSSELL A. HUMPHREY, Chief Clerk. Senate Joint Resolution No. 104 -- Naming and Designating - May, 2003, "Motorcycle Awareness Month". by *Kurita, *Williams. Senate Joint Resolution No. 128 -- Memorials, Recognition - William E. Farmer. by *Haynes, *Cooper J, *Trail, *Graves, *Dixon, *Harper.

562

Page 3: MONDAY, MARCH 17, 2003 EIGHTEENTH LEGISLATIVE DAY

MONDAY, MARCH 17, 2003 – EIGHTEENTH LEGISLATIVE DAY

Senate Joint Resolution No. 131 -- Memorials, Recognition - Alzheimer's Association's Safe Return Program. by *Kurita, *Cooper J, *Harper.

MESSAGE FROM THE SENATE March 17, 2003

MR. SPEAKER: I am directed to transmit to the House, Senate Joint Resolution(s) No(s). 141, 143, 145, 146, 149, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 165, 166, 167, 169 and 171; all adopted for concurrence.

RUSSELL A. HUMPHREY, Chief Clerk. Senate Joint Resolution No. 141 -- Memorials, Personal Achievement - Michael Claridy, Prudential Spirit of Community Award. by *Beavers. Senate Joint Resolution No. 143 -- Memorials, Personal Achievement - Thomas Ray Whitehead, graduation. by *Crowe. Senate Joint Resolution No. 145 -- Memorials, Personal Occasion - Teresa Shortt & Edward Herbert, marriage. by *Crowe. Senate Joint Resolution No. 146 -- Memorials, Public Service - Marie Bush. by *Burks, *Burks, *Cohen, *Cooper J, *Crutchfield, *Dixon, *Ford J, *Graves, *Harper, *Haynes, *Henry, *Herron, *Jackson, *Kurita, *Kyle, *McLeary, *Trail, *Person, Curtis , *Walker M, *Wilder. Senate Joint Resolution No. 149 -- Memorials, Academic Achievement - Melissa Harmon, Salutatorian, Mt. Juliet Christian Academy. by *Beavers. Senate Joint Resolution No. 152 -- Memorials, Academic Achievement - Lindsay Speck, Valedictorian, Mt. Juliet Christian Academy. by *Beavers. Senate Joint Resolution No. 153 -- Memorials, Academic Achievement - Jodi Michele Bogle, Salutatorian, Cannon County High School. by *Beavers. Senate Joint Resolution No. 154 -- Memorials, Academic Achievement - Amanda K. Nickerson, Valedictorian, Cannon County High School. by *Beavers. Senate Joint Resolution No. 155 -- Memorials, Academic Achievement - Shellie Sullins, Valedictorian, Cannon County High School. by *Beavers. Senate Joint Resolution No. 156 -- Memorials, Academic Achievement - Lauren Robinson, Salutatorian, DeKalb County High School. by *Beavers. Senate Joint Resolution No. 157 -- Memorials, Academic Achievement - Adam Moore, Valedictorian, DeKalb County High School. by *Beavers. Senate Joint Resolution No. 158 -- Memorials, Academic Achievement - Karen Baer, Valedictorian, Wilson Central High School. by *Graves, *Beavers.

563

Page 4: MONDAY, MARCH 17, 2003 EIGHTEENTH LEGISLATIVE DAY

MONDAY, MARCH 17, 2003 – EIGHTEENTH LEGISLATIVE DAY

Senate Joint Resolution No. 159 -- Memorials, Academic Achievement - Austin Kimball, Salutatorian, Hendersonville High School. by *Graves, *Beavers. Senate Joint Resolution No. 160 -- Memorials, Academic Achievement - Shelby Kain, Valedictorian, Hendersonville High School. by *Graves. Senate Joint Resolution No. 161 -- Memorials, Academic Achievement - Ashley Porter, Salutatorian, Red Boiling Springs High School. by *Beavers. Senate Joint Resolution No. 162 -- Memorials, Academic Achievement - Dustin Knight, Valedictorian, Red Boiling Springs High School. by *Beavers. Senate Joint Resolution No. 165 -- Memorials, Academic Achievement - Mari Billington, Salutatorian, Smith County High School. by *Beavers. Senate Joint Resolution No. 166 -- Memorials, Academic Achievement - Amanda Wilbert, Salutatorian, Lebanon High School. by *Beavers. Senate Joint Resolution No. 167 -- Memorials, Academic Achievement - Keshia Poindexter, Salutatorian, Celina High School. by *Beavers. Senate Joint Resolution No. 169 -- Memorials, Academic Achievement - Mary Brown, Valedictorian, Macon County High School. by *Beavers. Senate Joint Resolution No. 171 -- Memorials, Academic Achievement - Jessica Comer, Salutatorian, Wilson Central High School. by *Beavers.

PERSONAL ORDERS

RECOGNITION IN THE WELL Rep. McDonald was recognized in the Well to introduce the youth basketball performance team, The Imperials, for remarks.

RULES SUSPENDED Rep. McDonald moved that the rules be suspended for the immediate consideration of House Joint Resolution No. 26 out of order, which motion prevailed. House Joint Resolution No. 26 -- Memorials, Sports - The Imperials. by *McDonald. On motion of Rep. McDonald, with the request that all members voting aye be added as prime sponsors, the resolution was adopted by the following vote: Ayes .............................................................................................96 Noes...............................................................................................0

564

Page 5: MONDAY, MARCH 17, 2003 EIGHTEENTH LEGISLATIVE DAY

MONDAY, MARCH 17, 2003 – EIGHTEENTH LEGISLATIVE DAY

Representatives voting aye were: Armstrong, Baird, Bittle, Black, Bone, Borchert, Bowers, Briley, Brooks (Knox), Brooks (Shelby), Brown, Buck, Bunch, Buttry, Casada, Chumney, Clem, Cobb, Cochran, Coleman, Cooper, Crider, Curtiss, Davidson, Davis, DeBerry J, DeBerry L, DuBois, Dunn, Eldridge, Ferguson, Fitzhugh, Fowlkes, Fraley, Garrett, Godsey, Gresham, Hackworth, Hagood, Hargett, Hargrove, Harmon, Harrison, Harwell, Hawk, Head, Hensley, Hood, Johnson P, Johnson R, Jones S, Jones U, Kernell, Litz, Lynn, Maddox, Matheny, McCord, McDaniel, McDonald, McKee, McMillan, Miller, Montgomery, Mumpower, Newton, Odom, Overbey, Patton, Pinion, Pleasant, Rinks, Roach, Rowland, Sargent, Sharp, Shaw, Shepard, Sontany, Stanley, Tidwell, Tindell, Todd, Towns, Turner B, Turner L, Turner M, Vaughn, Vincent, Walker, West, Windle, Winningham, Wood, Yokley, Mr. Speaker Naifeh -- 96. A motion to reconsider was tabled.

RECOGNITION IN THE WELL Representative Newton was recognized in the Well for remarks.

RESOLUTIONS Pursuant to Rule No. 17, the following resolution(s) was/were introduced and placed on the Consent Calendar for March 20, 2003: House Joint Resolution No. 158 -- Memorials, Professional Achievement - Clinton School System, Teachers of the Year. by *Hackworth.

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 March 20, 2003: Senate Joint Resolution No. 128 -- Memorials, Recognition - William E. Farmer. by *Haynes, *Cooper J, *Trail, *Graves, *Dixon, *Harper. Senate Joint Resolution No. 131 -- Memorials, Recognition - Alzheimer's Association's Safe Return Program. by *Kurita, *Cooper J, *Harper. Senate Joint Resolution No. 141 -- Memorials, Personal Achievement - Michael Claridy, Prudential Spirit of Community Award. by *Beavers. Senate Joint Resolution No. 143 -- Memorials, Personal Achievement - Thomas Ray Whitehead, graduation. by *Crowe. Senate Joint Resolution No. 145 -- Memorials, Personal Occasion - Teresa Shortt & Edward Herbert, marriage. by *Crowe. Senate Joint Resolution No. 146 -- Memorials, Public Service - Marie Bush. by *Burks.

565

Page 6: MONDAY, MARCH 17, 2003 EIGHTEENTH LEGISLATIVE DAY

MONDAY, MARCH 17, 2003 – EIGHTEENTH LEGISLATIVE DAY

Senate Joint Resolution No. 149 -- Memorials, Academic Achievement - Melissa Harmon, Salutatorian, Mt. Juliet Christian Academy. by *Beavers. Senate Joint Resolution No. 152 -- Memorials, Academic Achievement - Lindsay Speck, Valedictorian, Mt. Juliet Christian Academy. by *Beavers. Senate Joint Resolution No. 153 -- Memorials, Academic Achievement - Jodi Michele Bogle, Salutatorian, Cannon County High School. by *Beavers. Senate Joint Resolution No. 154 -- Memorials, Academic Achievement - Amanda K. Nickerson, Valedictorian, Cannon County High School. by *Beavers. Senate Joint Resolution No. 155 -- Memorials, Academic Achievement - Shellie Sullins, Valedictorian, Cannon County High School. by *Beavers. Senate Joint Resolution No. 156 -- Memorials, Academic Achievement - Lauren Robinson, Salutatorian, DeKalb County High School. by *Beavers. Senate Joint Resolution No. 157 -- Memorials, Academic Achievement - Adam Moore, Valedictorian, DeKalb County High School. by *Beavers. Senate Joint Resolution No. 158 -- Memorials, Academic Achievement - Karen Baer, Valedictorian, Wilson Central High School. by *Graves, *Beavers. Senate Joint Resolution No. 159 -- Memorials, Academic Achievement - Austin Kimball, Salutatorian, Hendersonville High School. by *Graves, *Beavers. Senate Joint Resolution No. 160 -- Memorials, Academic Achievement - Shelby Kain, Valedictorian, Hendersonville High School. by *Graves. Senate Joint Resolution No. 161 -- Memorials, Academic Achievement - Ashley Porter, Salutatorian, Red Boiling Springs High School. by *Beavers. Senate Joint Resolution No. 162 -- Memorials, Academic Achievement - Dustin Knight, Valedictorian, Red Boiling Springs High School. by *Beavers. Senate Joint Resolution No. 165 -- Memorials, Academic Achievement - Mari Billington, Salutatorian, Smith County High School. by *Beavers. Senate Joint Resolution No. 166 -- Memorials, Academic Achievement - Amanda Wilbert, Salutatorian, Lebanon High School. by *Beavers. Senate Joint Resolution No. 167 -- Memorials, Academic Achievement - Keshia Poindexter, Salutatorian, Celina High School. by *Beavers. Senate Joint Resolution No. 169 -- Memorials, Academic Achievement - Mary Brown, Valedictorian, Macon County High School. by *Beavers. Senate Joint Resolution No. 171 -- Memorials, Academic Achievement - Jessica Comer, Salutatorian, Wilson Central High School. by *Beavers.

566

Page 7: MONDAY, MARCH 17, 2003 EIGHTEENTH LEGISLATIVE DAY

MONDAY, MARCH 17, 2003 – EIGHTEENTH LEGISLATIVE DAY

RESOLUTIONS LYING OVER On motion, the resolutions(s) listed was/were referred to the appropriate Committee: *Senate Joint Resolution No. 64 -- Memorials, Congress - Urges Congress to require, when applicable, that government uniforms and equipment be manufactured in United States. by *Herron, *Cooper J, *Kurita. House Commerce Committee Senate Joint Resolution No. 117 -- Memorials, Recognition - Republic of China. by *Henry, *Burchett. House Finance, Ways and Means Committee

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. 115 -- Pensions and Retirement Benefits - Revises various provisions of TCRS such as filing deadline for lump sum payments, requirements for political subdivisions to withdraw from TCRS, and eligibility requirements for city judges and attorneys. Amends TCA , Sections 8-34-101(34), 8-34-625, 8-34-627, 8-35-105, 8-35-206(d)(3), 8-35-218, 8-35-234, 64-5-216; and Title 8, Chapter 35, Part 4, Title 8, Chapter 36, Part 8, Title 8, Chapter 37, part 3 and Title 8, Chapter 37, Part 5. by *Atchley. (HB248 by *Head, *Rinks) *Senate Bill No. 479 -- Victims' Rights - Adds member of Tennessee senate and house of representatives to victims of crime state coordinating council with such new members to be chosen by members of victims council. Amends TCA Title 40, Chapter 38, Part 4. by *Burks. (HB1322 by *Sontany) *Senate Bill No. 523 -- Public Utilities - Establishes that special rates and terms are valid when reached through negotiation between public utility and business customer. Amends TCA Section 65-5-201. by *Trail. (HB824 by *Head) *Senate Bill No. 541 -- Energy - Defines energy resource recovery facility to clarify that energy produced in such facilities should not be subject to local sales and use tax in counties with metropolitan form of government. Amends TCA Section 67-6-102. by *Henry, *Haynes, *Harper. (HB887 by *Briley, *Langster, *Pruitt, *Sontany, *Odom, *Harwell, *Jones S, *Garrett, *Turner M, *West) Senate Bill No. 677 -- Equalization Board - Permits state board of equalization to approve county reappraisal cycle longer than six years for purpose of synchronizing county's cycle with contiguous county's cycle, where city lies partly in each county. Amends TCA Section 67-5-1601. by *McNally. (*HB714 by *Hackworth, *Ferguson, *Winningham)

567

Page 8: MONDAY, MARCH 17, 2003 EIGHTEENTH LEGISLATIVE DAY

MONDAY, MARCH 17, 2003 – EIGHTEENTH LEGISLATIVE DAY

*Senate Bill No. 762 -- Annexation - Requires plan of services to address impact of proposed annexation upon delivery of educational services. Amends TCA Section 6-51-102. by *Dixon. (HB1458 by *Chumney) *Senate Bill No. 1528 -- Bond Issues - Revises provisions governing advertisement and sale of bonds. Amends TCA Title 9, Chapter 9. by *Henry. (HB1468 by *Head) Senate Bill No. 1691 -- Utilities, Utility Districts - Authorizes municipal electric systems to accept contributions from customers through voluntary round-up-utility-bill-to-next-dollar programs and distribute such contributions for bona fide economic development or community assistance purposes approved by board or supervisory body. Amends TCA Section 7-52-103. by *Trail. (*HB930 by *Jones U , *McMillan, *Cooper B, *Vincent, *Miller L, *Matheny)

HOUSE BILLS ON SECOND CONSIDERATION On motion, bills listed below passed second consideration and were referred by the Speaker to Committee or held on the Clerk's desk as noted: *House Bill No. 2070 -- Appropriations -- House Finance, Ways and Means Committee *House Bill No. 2071 -- Appropriations -- House Finance, Ways and Means Committee *House Bill No. 2072 -- Bond Issues -- House Finance, Ways and Means Committee *House Bill No. 2073 -- State Government -- House Finance, Ways and Means Committee *House Bill No. 2074 -- Appropriations -- House Finance, Ways and Means Committee

CAPTION BILLS REFERRED March 17, 2003

Pursuant to Rule No. 47, the following Caption Bill(s), 1154 held on the Clerk’s desk was referred to the following Committee(s): *House Bill No. 1154 -- Tennessee Bureau of Investigation – House Judiciary Committee

568

Page 9: MONDAY, MARCH 17, 2003 EIGHTEENTH LEGISLATIVE DAY

MONDAY, MARCH 17, 2003 – EIGHTEENTH LEGISLATIVE DAY

CONSENT CALENDAR *House Bill No. 1251 -- Auctions and Auctioneers - Authorizes apprentice auctioneer who is also broker or affiliate broker to conduct or offer to conduct auctions of real property as long as auctioneer for whom apprentice auctioneer is employed for such purposes is on premises of property during auction. Amends TCA Section 62-19-102. by *McMillan, *Matheny. *House Bill No. 2046 -- Agriculture - Requires persons applying for commercial aerial applicator license to first obtain certification in category of pesticides such persons intend to apply; imposes other requirements on licensed aerial applicators and increases punishment for violation of aerial application provisions. Amends Tennessee Code Annotated, Title 43, Chapter 8, Part 3. by *McMillan, *Davidson. House Bill No. 585 -- Death - Permits registered nurse employed by hospital and licensed in this state to make determination and pronouncement of death for patients in that hospital if attending physician agrees in writing to sign death certificate and agreement is present with deceased at time of death. Amends TCA Title 68, Chapter 3, Part 5. by *Shepard. House Bill No. 230 -- Registers of Deeds - Removes requirement that register include on certification of record written reference to where recorded instruments are noted in paper records. Amends TCA Section 8-13-108(a)(6). by *McDonald. *House Bill No. 512 -- Registers of Deeds - Clarifies that only certain fees are to be earmarked for computerization of register's office. Amends TCA Section 8-21-1001(d). by *Hargrove. House Resolution No. 79 -- Memorials, Personal Achievement - Michael Claridy, Prudential Spirit of Community Award. by *Bone. House Joint Resolution No. 157 -- Memorials, Retirement - John William Taylor. by *Bone. Senate Joint Resolution No. 132 -- Memorials, Public Service - Kayla McCullough, Prudential Spirit of Community Award. by *Cooper J. Senate Joint Resolution No. 133 -- Memorials, Personal Achievement - Susan Dyer, Prudential Spirit of Community Award. by *Cooper J. Senate Joint Resolution No. 134 -- Memorials, Retirement - Frances Henry Hewitt. by *Cooper J. Senate Joint Resolution No. 135 -- Memorials, Professional Achievement - Education Lottery Task Force. by *Cohen, *Trail. Senate Joint Resolution No. 136 -- Memorials, Recognition - Brian Young. by *Cohen. Senate Joint Resolution No. 137 -- Memorials, Recognition - Woodrow Adair. by *Jackson.

569

Page 10: MONDAY, MARCH 17, 2003 EIGHTEENTH LEGISLATIVE DAY

MONDAY, MARCH 17, 2003 – EIGHTEENTH LEGISLATIVE DAY

Senate Joint Resolution No. 138 -- Memorials, Public Service - Cassandra Cardoza, Spirit of Community Award. by *Walker M. Pursuant to Rule No. 50, Rep. Miller moved that all House Bills having companion Senate Bills and are on the Clerk's desk be conformed and substituted for the appropriate House Bill, all Senate and House Bills on the Consent Calendar be passed on third and final consideration, all House Resolutions and House Joint Resolutions be adopted, and all Senate Joint Resolutions on the Consent Calendar be concurred in, which motion prevailed by the following vote: Ayes .............................................................................................96 Noes...............................................................................................0 Representatives voting aye were: Armstrong, Baird, Bittle, Black, Bone, Borchert, Bowers, Briley, Brooks (Knox), Brooks (Shelby), Brown, Buck, Bunch, Buttry, Casada, Chumney, Clem, Cobb, Cochran, Coleman, Cooper, Crider, Curtiss, Davidson, Davis, DeBerry J, DeBerry L, DuBois, Dunn, Eldridge, Ferguson, Fitzhugh, Fowlkes, Fraley, Garrett, Godsey, Gresham, Hackworth, Hagood, Hargett, Hargrove, Harmon, Harrison, Harwell, Hawk, Head, Hensley, Hood, Johnson P, Johnson R, Jones S, Jones U, Kernell, Litz, Lynn, Maddox, Matheny, McCord, McDaniel, McDonald, McKee, McMillan, Miller, Montgomery, Mumpower, Newton, Odom, Overbey, Patton, Pinion, Pleasant, Rinks, Roach, Rowland, Sargent, Sharp, Shaw, Shepard, Sontany, Stanley, Tidwell, Tindell, Todd, Towns, Turner B, Turner L, Turner M, Vaughn, Vincent, Walker, West, Windle, Winningham, Wood, Yokley, Mr. Speaker Naifeh -- 96. A motion to reconsider was tabled.

REGULAR CALENDAR *House Bill No. 529 -- County Government - Authorizes counties to pay for deceased pauper's cremation expenses; requires verification of financial need and no alternative source of funding by affidavit. Amends TCA Section 5-9-101 and Section 5-9-311. by *Davis , *Garrett. (SB449 by *Crowe) Rep. Davis moved that House Bill No. 529 be passed on third and final consideration. Rep. McCord moved the previous question, which motion prevailed. Rep. Davis moved that House Bill No. 529 be passed on third and final consideration, which motion prevailed by the following vote: Ayes .............................................................................................95 Noes...............................................................................................0 Present and not voting ...................................................................1

570

Page 11: MONDAY, MARCH 17, 2003 EIGHTEENTH LEGISLATIVE DAY

MONDAY, MARCH 17, 2003 – EIGHTEENTH LEGISLATIVE DAY

Representatives voting aye were: Armstrong, Baird, Bittle, Black, Bone, Borchert, Bowers, Briley, Brooks (Knox), Brooks (Shelby), Brown, Buck, Bunch, Buttry, Casada, Clem, Cobb, Cochran, Coleman, Cooper, Crider, Curtiss, Davidson, Davis, DeBerry J, DeBerry L, DuBois, Dunn, Eldridge, Ferguson, Fitzhugh, Fowlkes, Fraley, Garrett, Godsey, Gresham, Hackworth, Hagood, Hargett, Hargrove, Harmon, Harrison, Harwell, Hawk, Head, Hensley, Hood, Johnson P, Johnson R, Jones S, Jones U, Kernell, Litz, Lynn, Maddox, Matheny, McCord, McDaniel, McDonald, McKee, McMillan, Miller, Montgomery, Mumpower, Newton, Odom, Overbey, Patton, Pinion, Pleasant, Rinks, Roach, Rowland, Sargent, Sharp, Shaw, Shepard, Sontany, Stanley, Tidwell, Tindell, Todd, Towns, Turner B, Turner L, Turner M, Vaughn, Vincent, Walker, West, Windle, Winningham, Wood, Yokley, Mr. Speaker Naifeh -- 95. Representatives present and not voting were: Chumney -- 1. A motion to reconsider was tabled. House Bill No. 531 -- Podiatrists - Authorizes podiatrist to order home health services if podiatrist has previously provided treatment to patient and has had ongoing physician-patient relationship with such person. Amends TCA Section 68-11-201. by *Davis , *Jones S, *Shepard, *Pruitt, *Turner M, *McDonald, *Miller L, *Windle, *West, *Cobb, *Hood, *Ferguson, *Sontany, *Bone, *Davidson, *Fraley. (*SB341 by *Herron) On motion, House Bill No. 531 was made to conform with Senate Bill No. 341; the Senate Bill was substituted for the House Bill. Rep. Davis moved that Senate Bill No. 341 be passed on third and final consideration. On motion, Rep. Armstrong withdrew Health and Human Resources Committee Amendment No. 1. Rep. Davis moved that Senate Bill No. 341 be passed on third and final consideration, which motion prevailed by the following vote: Ayes .............................................................................................96 Noes...............................................................................................0 Representatives voting aye were: Armstrong, Baird, Bittle, Black, Bone, Borchert, Bowers, Briley, Brooks (Knox), Brooks (Shelby), Brown, Buck, Bunch, Buttry, Casada, Chumney, Clem, Cobb, Cochran, Coleman, Cooper, Crider, Curtiss, Davidson, Davis, DeBerry J, DeBerry L, DuBois, Dunn, Eldridge, Ferguson, Fitzhugh, Fowlkes, Fraley, Garrett, Godsey, Gresham, Hackworth, Hagood, Hargett, Hargrove, Harmon, Harrison, Harwell, Hawk, Head, Hensley, Hood, Johnson P, Johnson R, Jones S, Jones U, Kernell, Litz, Lynn, Maddox, Matheny, McCord, McDaniel, McDonald, McKee, McMillan, Miller, Montgomery, Mumpower, Newton, Odom, Overbey, Patton, Pinion, Pleasant, Rinks, Roach, Rowland, Sargent, Sharp, Shaw, Shepard, Sontany, Stanley, Tidwell, Tindell, Todd, Towns, Turner B, Turner L, Turner M, Vaughn, Vincent, Walker, West, Windle, Winningham, Wood, Yokley, Mr. Speaker Naifeh -- 96. A motion to reconsider was tabled.

571

Page 12: MONDAY, MARCH 17, 2003 EIGHTEENTH LEGISLATIVE DAY

MONDAY, MARCH 17, 2003 – EIGHTEENTH LEGISLATIVE DAY

House Bill No. 1258 -- Boards and Commissions - Increases membership of tax study commission to include one member who is African-American and three members who are female. Amends TCA Title 67, Chapter 10, Part 1. by *McMillan, *DeBerry L. (*SB149 by *Harper, *Wilder, *Haynes) Rep. McMillan moved that House Bill No. 1258 be passed on third and final consideration. Rep. Head moved adoption of Finance, Ways and Means Committee Amendment No. 1 as follows:

Amendment No. 1

AMEND House Bill No. 1258 by adding the following new section immediately preceding the last section and by renumbering the subsequent section accordingly:

SECTION 4. This act shall be funded from the independent tax structure study commission's existing resources in fiscal year 2002-2003 and sums otherwise appropriated to the commission in subsequent fiscal years.

On motion, Finance, Ways and Means Committee Amendment No. 1 was adopted. Rep. Dunn moved adoption of Amendment No. 2 as follows:

Amendment No. 2

AMEND House Bill No. 1258 by deleting all language after the enacting clause and by substituting instead the following:

SECTION 1. Tennessee Code Annotated, Title 67, Chapter 10, Part 1, is amended by deleting that part in its entirety.

SECTION 2. Any unexpended funds appropriated to the independent tax structure study commission created under Title 67, Chapter 10, Part 1, by Chapter 856 of the Public Acts of 2002 shall immediately revert to the general fund.

SECTION 3. This act shall take effect upon becoming a law, the public welfare requiring it.

Rep. Rinks moved that Amendment No. 2 be tabled, which motion prevailed by the following vote: Ayes .............................................................................................51 Noes.............................................................................................41 Present and not voting ...................................................................1

572

Page 13: MONDAY, MARCH 17, 2003 EIGHTEENTH LEGISLATIVE DAY

MONDAY, MARCH 17, 2003 – EIGHTEENTH LEGISLATIVE DAY

Representatives voting aye were: Armstrong, Bone, Borchert, Bowers, Briley, Brown, Chumney, Cobb, Coleman, Cooper, Curtiss, Davidson, DeBerry J, DeBerry L, Ferguson, Fitzhugh, Fowlkes, Fraley, Garrett, Hackworth, Hargrove, Harmon, Head, Hood, Jones U, Kernell, Litz, Maddox, McCord, McDonald, McMillan, Miller, Pinion, Rinks, Roach, Shaw, Shepard, Sontany, Tidwell, Tindell, Towns, Turner B, Turner L, Turner M, Vaughn, Walker, West, Windle, Winningham, Yokley, Mr. Speaker Naifeh -- 51. Representatives voting no were: Baird, Bittle, Black, Brooks (Knox), Buck, Bunch, Buttry, Casada, Clem, Cochran, Crider, Davis, DuBois, Dunn, Eldridge, Godsey, Gresham, Hagood, Hargett, Harrison, Harwell, Hawk, Hensley, Johnson P, Johnson R, Lynn, Matheny, McDaniel, Montgomery, Mumpower, Newton, Odom, Overbey, Pleasant, Rowland, Sargent, Sharp, Stanley, Todd, Vincent, Wood -- 41. Representatives present and not voting were: Patton -- 1. Rep. M. Turner moved the previous question, which motion prevailed. Rep. McMillan moved that House Bill No. 1258, as amended, be passed on third and final consideration, which motion prevailed by the following vote: Ayes .............................................................................................69 Noes.............................................................................................21 Present and not voting ...................................................................6 Representatives voting aye were: Armstrong, Bone, Borchert, Bowers, Briley, Brooks (Shelby), Brown, Buck, Buttry, Chumney, Cobb, Coleman, Cooper, Curtiss, Davidson, DeBerry J, DeBerry L, DuBois, Ferguson, Fitzhugh, Fowlkes, Fraley, Garrett, Hackworth, Hagood, Hargrove, Harmon, Harrison, Hawk, Head, Hood, Johnson R, Jones S, Jones U, Kernell, Litz, Maddox, McCord, McDaniel, McDonald, McKee, McMillan, Miller, Montgomery, Newton, Odom, Overbey, Patton, Pinion, Rinks, Roach, Shaw, Shepard, Sontany, Stanley, Tidwell, Tindell, Todd, Towns, Turner B, Turner L, Turner M, Vaughn, Walker, West, Windle, Winningham, Yokley, Mr. Speaker Naifeh -- 69. Representatives voting no were: Baird, Bittle, Brooks (Knox), Casada, Clem, Cochran, Davis, Dunn, Eldridge, Godsey, Gresham, Hargett, Hensley, Johnson P, Lynn, Matheny, Pleasant, Sargent, Sharp, Vincent, Wood -- 21. Representatives present and not voting were: Black, Bunch, Crider, Harwell, Mumpower, Rowland -- 6. A motion to reconsider was tabled. House Bill No. 287 -- Election Laws - Creates mechanism for certain voters to vote absentee who will not be in-state during early voting nor on election day and who have no specific out-of-county or out-of-state location to which absentee ballot may be sent. Amends TCA Title 2, Chapter 6, Part 2. by *McDonald. (*SB120 by *Graves) Rep. McDonald moved that House Bill No. 287 be passed on third and final consideration, which motion prevailed by the following vote:

573

Page 14: MONDAY, MARCH 17, 2003 EIGHTEENTH LEGISLATIVE DAY

MONDAY, MARCH 17, 2003 – EIGHTEENTH LEGISLATIVE DAY

Ayes .............................................................................................96 Noes...............................................................................................0 Representatives voting aye were: Armstrong, Baird, Bittle, Black, Bone, Borchert, Bowers, Briley, Brooks (Knox), Brooks (Shelby), Brown, Buck, Bunch, Buttry, Casada, Chumney, Clem, Cobb, Cochran, Coleman, Cooper, Crider, Curtiss, Davidson, Davis, DeBerry J, DeBerry L, DuBois, Dunn, Eldridge, Ferguson, Fitzhugh, Fowlkes, Fraley, Garrett, Godsey, Gresham, Hackworth, Hagood, Hargett, Hargrove, Harmon, Harrison, Harwell, Hawk, Head, Hensley, Hood, Johnson P, Johnson R, Jones S, Jones U, Kernell, Litz, Lynn, Maddox, Matheny, McCord, McDaniel, McDonald, McKee, McMillan, Miller, Montgomery, Mumpower, Newton, Odom, Overbey, Patton, Pinion, Pleasant, Rinks, Roach, Rowland, Sargent, Sharp, Shaw, Shepard, Sontany, Stanley, Tidwell, Tindell, Todd, Towns, Turner B, Turner L, Turner M, Vaughn, Vincent, Walker, West, Windle, Winningham, Wood, Yokley, Mr. Speaker Naifeh -- 96. A motion to reconsider was tabled. *House Bill No. 269 -- Highway Signs - "Hickman County Veterans Highway," segment of S.R. 230. by *Shepard. (SB514 by *Jackson) Rep. Shepard moved that House Bill No. 269 be passed on third and final consideration. Rep. Pinion moved adoption of Transportation Committee Amendment No. 1 as follows:

Amendment No. 1

AMEND House Bill No. 269 By deleting Sections 1 and 2 in their entirety and by substituting instead the following:

SECTION 1. Notwithstanding any other provision of law to the contrary, that segment of State Route 230 from the Humphreys County - Hickman County boundary eastward to its intersection with State Route 48 / State Route 100 is hereby designated in honor of two (2) of Hickman County's most distinguished veterans, Leonard W. Fox and Charles L. Nickell, as the: Hickman County Veterans Highway in honor of Leonard W. Fox and Charles L. Nickell

SECTION 2. The department of transportation is directed to erect suitable signs or to affix suitable markers designating such segment of State Route 230 as the: Hickman County Veterans Highway in honor of Leonard W. Fox and Charles L. Nickell

On motion, Transportation Committee Amendment No. 1 was adopted. Rep. Shepard moved that House Bill No. 269, as amended, be passed on third and final consideration, which motion prevailed by the following vote: Ayes .............................................................................................96 Noes...............................................................................................0

574

Page 15: MONDAY, MARCH 17, 2003 EIGHTEENTH LEGISLATIVE DAY

MONDAY, MARCH 17, 2003 – EIGHTEENTH LEGISLATIVE DAY

Representatives voting aye were: Armstrong, Baird, Bittle, Black, Bone, Borchert, Bowers, Briley, Brooks (Knox), Brooks (Shelby), Brown, Buck, Bunch, Buttry, Casada, Chumney, Clem, Cobb, Cochran, Coleman, Cooper, Crider, Curtiss, Davidson, Davis, DeBerry J, DeBerry L, DuBois, Dunn, Eldridge, Ferguson, Fitzhugh, Fowlkes, Fraley, Garrett, Godsey, Gresham, Hackworth, Hagood, Hargett, Hargrove, Harmon, Harrison, Harwell, Hawk, Head, Hensley, Hood, Johnson P, Johnson R, Jones S, Jones U, Kernell, Litz, Lynn, Maddox, Matheny, McCord, McDaniel, McDonald, McKee, McMillan, Miller, Montgomery, Mumpower, Newton, Odom, Overbey, Patton, Pinion, Pleasant, Rinks, Roach, Rowland, Sargent, Sharp, Shaw, Shepard, Sontany, Stanley, Tidwell, Tindell, Todd, Towns, Turner B, Turner L, Turner M, Vaughn, Vincent, Walker, West, Windle, Winningham, Wood, Yokley, Mr. Speaker Naifeh -- 96. A motion to reconsider was tabled. *House Bill No. 276 -- Highway Signs - "Harrison Bay Parkway," S.R. 58 in Hamilton County. by *Wood. (SB168 by *Fowler) Rep. Wood moved that House Bill No. 276 be passed on third and final consideration. Rep. Pinion moved adoption of Transportation Committee Amendment No. 1 as follows:

Amendment No. 1

AMEND House Bill No. 276 By deleting Section 5 in its entirety and by substituting instead the following:

SECTION 5. (1) This act shall become operative only if the City of Chattanooga and Hamilton County, Tennessee, either remit the estimated cost of the erection of such signs to the department of transportation within one (1) year of the effective date of this act or manufacture such signs in accordance with the provisions of subdivision (2). The City of Chattanooga and Hamilton County shall make such payment prior to any expenditure by the state for the manufacture or installation of such signs. The department shall return any unused portion of the estimated cost to the City of Chattanooga and Hamilton County within thirty (30) days of the erection of such signs. If the actual cost exceeds the estimated cost, the City of Chattanooga and Hamilton County shall remit an amount equal to the difference in such costs to the department within thirty (30) days of receiving an itemized invoice of the actual cost from the department.

(2) Hamilton County may manufacture and erect such signs

provided, that such signs are manufactured and erected pursuant to state and federal guidelines and approved by the department.

(3) Any payments required pursuant to the provisions of this

section shall be equally divided between the City of Chattanooga and Hamilton County.

SECTION 6. This act shall take effect upon becoming a law, the public

welfare requiring it. On motion, Transportation Committee Amendment No. 1 was adopted.

575

Page 16: MONDAY, MARCH 17, 2003 EIGHTEENTH LEGISLATIVE DAY

MONDAY, MARCH 17, 2003 – EIGHTEENTH LEGISLATIVE DAY

Rep. Wood moved that House Bill No. 276, as amended, be passed on third and final consideration, which motion prevailed by the following vote: Ayes .............................................................................................96 Noes...............................................................................................0 Representatives voting aye were: Armstrong, Baird, Bittle, Black, Bone, Borchert, Bowers, Briley, Brooks (Knox), Brooks (Shelby), Brown, Buck, Bunch, Buttry, Casada, Chumney, Clem, Cobb, Cochran, Coleman, Cooper, Crider, Curtiss, Davidson, Davis, DeBerry J, DeBerry L, DuBois, Dunn, Eldridge, Ferguson, Fitzhugh, Fowlkes, Fraley, Garrett, Godsey, Gresham, Hackworth, Hagood, Hargett, Hargrove, Harmon, Harrison, Harwell, Hawk, Head, Hensley, Hood, Johnson P, Johnson R, Jones S, Jones U, Kernell, Litz, Lynn, Maddox, Matheny, McCord, McDaniel, McDonald, McKee, McMillan, Miller, Montgomery, Mumpower, Newton, Odom, Overbey, Patton, Pinion, Pleasant, Rinks, Roach, Rowland, Sargent, Sharp, Shaw, Shepard, Sontany, Stanley, Tidwell, Tindell, Todd, Towns, Turner B, Turner L, Turner M, Vaughn, Vincent, Walker, West, Windle, Winningham, Wood, Yokley, Mr. Speaker Naifeh -- 96. A motion to reconsider was tabled. *House Bill No. 714 -- Equalization Board - Permits state board of equalization to approve county reappraisal cycle longer than six years for purpose of synchronizing county's cycle with contiguous county's cycle, where city lies partly in each county. Amends TCA Section 67-5-1601. by *Hackworth, *Ferguson, *Winningham. (SB677 by *McNally) On motion, House Bill No. 714 was made to conform with Senate Bill No. 677; the Senate Bill was substituted for the House Bill. Rep. Hackworth moved that Senate Bill No. 677 be passed on third and final consideration. On motion, Rep. U. Jones withdrew State and Local Government Committee Amendment No. 1. Rep. L. DeBerry moved the previous question, which motion prevailed. Rep. Hackworth moved that Senate Bill No. 677 be passed on third and final consideration, which motion prevailed by the following vote: Ayes .............................................................................................95 Noes...............................................................................................0 Present and not voting ...................................................................1

576

Page 17: MONDAY, MARCH 17, 2003 EIGHTEENTH LEGISLATIVE DAY

MONDAY, MARCH 17, 2003 – EIGHTEENTH LEGISLATIVE DAY

Representatives voting aye were: Armstrong, Baird, Bittle, Black, Bone, Borchert, Bowers, Briley, Brooks (Knox), Brown, Buck, Bunch, Buttry, Casada, Chumney, Clem, Cobb, Cochran, Coleman, Cooper, Crider, Curtiss, Davidson, Davis, DeBerry J, DeBerry L, DuBois, Dunn, Eldridge, Ferguson, Fitzhugh, Fowlkes, Fraley, Garrett, Godsey, Gresham, Hackworth, Hagood, Hargett, Hargrove, Harmon, Harrison, Harwell, Hawk, Head, Hensley, Hood, Johnson P, Johnson R, Jones S, Jones U, Kernell, Litz, Lynn, Maddox, Matheny, McCord, McDaniel, McDonald, McKee, McMillan, Miller, Montgomery, Mumpower, Newton, Odom, Overbey, Patton, Pinion, Pleasant, Rinks, Roach, Rowland, Sargent, Sharp, Shaw, Shepard, Sontany, Stanley, Tidwell, Tindell, Todd, Towns, Turner B, Turner L, Turner M, Vaughn, Vincent, Walker, West, Windle, Winningham, Wood, Yokley, Mr. Speaker Naifeh -- 95. Representatives present and not voting were: Brooks (Shelby) -- 1. A motion to reconsider was tabled. *House Bill No. 28 -- Education, Higher - Clarifies that institution of higher education cannot prohibit sorority from locating and maintaining residential house on campus if institution permits fraternity house on campus; rules applying to sororities can be no less stringent than those applying to fraternity houses. Amends TCA Title 49. by *Turner M. (SB1636 by *Harper) Rep. M. Turner moved that House Bill No. 28 be passed on third and final consideration. Rep. Winningham moved adoption of Education Committee Amendment No. 1 as follows:

Amendment No. 1

AMEND House Bill No. 28 By deleting the citation "9-7-124" from the amendatory language of Section 1 and by substituting instead the citation "49-7-124".

On motion, Education Committee Amendment No. 1 was adopted. Rep. M. Turner moved that House Bill No. 28, as amended, be passed on third and final consideration, which motion prevailed by the following vote: Ayes .............................................................................................93 Noes...............................................................................................0 Representatives voting aye were: Armstrong, Baird, Bittle, Black, Bone, Borchert, Bowers, Briley, Brooks (Knox), Brooks (Shelby), Brown, Buck, Bunch, Buttry, Casada, Chumney, Clem, Cobb, Cochran, Coleman, Cooper, Crider, Curtiss, Davidson, Davis, DeBerry J, DuBois, Dunn, Eldridge, Ferguson, Fitzhugh, Fowlkes, Fraley, Garrett, Godsey, Gresham, Hackworth, Hagood, Hargett, Hargrove, Harmon, Harrison, Harwell, Hawk, Head, Hensley, Hood, Johnson P, Johnson R, Jones S, Jones U, Kernell, Litz, Lynn, Maddox, Matheny, McDaniel, McDonald, McKee, McMillan, Miller, Montgomery, Mumpower, Newton, Odom, Patton, Pinion, Pleasant, Rinks, Roach, Rowland, Sargent, Sharp, Shaw, Shepard, Sontany, Stanley, Tidwell, Tindell, Todd, Towns, Turner B, Turner L, Turner M, Vaughn, Vincent, Walker, West, Windle, Winningham, Wood, Yokley, Mr. Speaker Naifeh -- 93. A motion to reconsider was tabled.

577

Page 18: MONDAY, MARCH 17, 2003 EIGHTEENTH LEGISLATIVE DAY

MONDAY, MARCH 17, 2003 – EIGHTEENTH LEGISLATIVE DAY

House Bill No. 231 -- Judges and Chancellors - Clarifies that general sessions judges may administer oath of office for any elected or appointed official. Amends TCA Title 8, Chapter 18. by *Hackworth, *Ferguson, *Winningham, *Coleman, *Eldridge, *Windle, *Brooks (Shelby), *Litz, *Vaughn, *Cobb, *Tindell. (*SB36 by *McNally) On motion, House Bill No. 231 was made to conform with Senate Bill No. 36; the Senate Bill was substituted for the House Bill. Rep. Hackworth moved that Senate Bill No. 36 be passed on third and final consideration. Rep. West moved that Amendment No. 1 be withdrawn, which motion prevailed. Rep. Hackworth moved that Senate Bill No. 36 be passed on third and final consideration, which motion prevailed by the following vote: Ayes .............................................................................................96 Noes...............................................................................................0 Representatives voting aye were: Armstrong, Baird, Bittle, Black, Bone, Borchert, Bowers, Briley, Brooks (Knox), Brooks (Shelby), Brown, Buck, Bunch, Buttry, Casada, Chumney, Clem, Cobb, Cochran, Coleman, Cooper, Crider, Curtiss, Davidson, Davis, DeBerry J, DeBerry L, DuBois, Dunn, Eldridge, Ferguson, Fitzhugh, Fowlkes, Fraley, Garrett, Godsey, Gresham, Hackworth, Hagood, Hargett, Hargrove, Harmon, Harrison, Harwell, Hawk, Head, Hensley, Hood, Johnson P, Johnson R, Jones S, Jones U, Kernell, Litz, Lynn, Maddox, Matheny, McCord, McDaniel, McDonald, McKee, McMillan, Miller, Montgomery, Mumpower, Newton, Odom, Overbey, Patton, Pinion, Pleasant, Rinks, Roach, Rowland, Sargent, Sharp, Shaw, Shepard, Sontany, Stanley, Tidwell, Tindell, Todd, Towns, Turner B, Turner L, Turner M, Vaughn, Vincent, Walker, West, Windle, Winningham, Wood, Yokley, Mr. Speaker Naifeh -- 96. A motion to reconsider was tabled.

UNFINISHED BUSINESS

BILLS WITHDRAWN On motion of Rep. Maddox, House Bill No. 1762 was recalled from the Judiciary Committee and withdrawn from the House.

RULES SUSPENDED Rep. Maddox moved that the rules be suspended for the purpose of introducing Senate Joint Resolution No. 48 out of order, which motion prevailed. Senate Joint Resolution No. 48 -- Memorials, Death - Ben Marlin Gaines, Sr. by *Herron, *McLeary, *Bryson. On motion of Rep. Maddox, with the request that all members voting aye be added as prime sponsors, the resolution was concurred in by the following vote:

578

Page 19: MONDAY, MARCH 17, 2003 EIGHTEENTH LEGISLATIVE DAY

MONDAY, MARCH 17, 2003 – EIGHTEENTH LEGISLATIVE DAY

Ayes .............................................................................................96 Noes...............................................................................................0 Representatives voting aye were: Armstrong, Baird, Bittle, Black, Bone, Borchert, Bowers, Briley, Brooks (Knox), Brooks (Shelby), Brown, Buck, Bunch, Buttry, Casada, Chumney, Clem, Cobb, Cochran, Coleman, Cooper, Crider, Curtiss, Davidson, Davis, DeBerry J, DeBerry L, DuBois, Dunn, Eldridge, Ferguson, Fitzhugh, Fowlkes, Fraley, Garrett, Godsey, Gresham, Hackworth, Hagood, Hargett, Hargrove, Harmon, Harrison, Harwell, Hawk, Head, Hensley, Hood, Johnson P, Johnson R, Jones S, Jones U, Kernell, Litz, Lynn, Maddox, Matheny, McCord, McDaniel, McDonald, McKee, McMillan, Miller, Montgomery, Mumpower, Newton, Odom, Overbey, Patton, Pinion, Pleasant, Rinks, Roach, Rowland, Sargent, Sharp, Shaw, Shepard, Sontany, Stanley, Tidwell, Tindell, Todd, Towns, Turner B, Turner L, Turner M, Vaughn, Vincent, Walker, West, Windle, Winningham, Wood, Yokley, Mr. Speaker Naifeh -- 96. A motion to reconsider was tabled.

BILLS WITHDRAWN On motion of Rep. B. Turner, House Bill No. 478 was recalled from the Judiciary Committee and withdrawn from the House. On motion of Rep. McMillan, House Bill No. 1907 was recalled from the State and Local Government Committee and withdrawn from the House. On motion of Rep. McMillan, House Bill No. 1952 was recalled from the State and Local Government Committee and withdrawn from the House. On motion of Rep. McMillan, House Bill No. 1953 was recalled from the State and Local Government Committee and withdrawn from the House.

ANNOUNCEMENTS

RULES SUSPENDED Rep. Shaw moved that the rules be suspended for the immediate consideration of Senate Joint Resolution No. 179 out of order, which motion prevailed. Senate Joint Resolution No. 179 -- Memorials, Death - Eugene Woolfork. by *McLeary. On motion of Rep. Shaw, with the request that all members voting aye be added as prime sponsors, the resolution was concurred in. A motion to reconsider was tabled.

579

Page 20: MONDAY, MARCH 17, 2003 EIGHTEENTH LEGISLATIVE DAY

MONDAY, MARCH 17, 2003 – EIGHTEENTH LEGISLATIVE DAY

RULES SUSPENDED Rep. McMillan moved that the rules be suspended for the immediate consideration of Senate Joint Resolution No. 172 out of order, which motion prevailed. Senate Joint Resolution No. 172 -- Memorials, Death - Marvin Posey. by *Harper, *Kurita. On motion of Rep. McMillan, with the request that all members voting aye be added as prime sponsors, the resolution was concurred in. A motion to reconsider was tabled.

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 Joint Resolution No. 10: Rep(s). Armstrong as prime sponsor(s). House Bill No. 34: Rep(s). Hargett as prime sponsor(s). House Bill No. 402: Rep(s). Davis as prime sponsor(s). House Bill No. 564: Rep(s). M. Turner as prime sponsor(s). House Bill No. 669: Rep(s). Harwell, Odom and Shepard as prime sponsor(s). House Bill No. 684: Rep(s). Maddox as prime sponsor(s). House Bill No. 810: Rep(s). McKee and Todd as prime sponsor(s). House Bill No. 811: Rep(s). McKee and Todd as prime sponsor(s). House Bill No. 812: Rep(s). McKee and Todd as prime sponsor(s). House Bill No. 900: Rep(s). McDaniel, McCord, R. Johnson, Overbey and Harrison as prime sponsor(s). House Bill No. 1077: Rep(s). Maddox as prime sponsor(s). House Bill No. 1246: Rep(s). Sontany as prime sponsor(s). House Bill No. 1249: Rep(s). Stanley as prime sponsor(s). House Bill No. 1429: Rep(s). Maddox as prime sponsor(s). House Bill No. 1468: Rep(s). McMillan as prime sponsor(s).

580

Page 21: MONDAY, MARCH 17, 2003 EIGHTEENTH LEGISLATIVE DAY

MONDAY, MARCH 17, 2003 – EIGHTEENTH LEGISLATIVE DAY

House Bill No. 1480: Rep(s). Sontany as prime sponsor(s). House Bill No. 1650: Rep(s). M. Turner as prime sponsor(s). House Bill No. 1986: Rep(s). Crider as prime sponsor(s). House Bill No. 2005: Rep(s). Briley as prime sponsor(s). House Bill No. 2030: Rep(s). Fowlkes as prime sponsor(s).

MESSAGE FROM THE GOVERNOR March 17, 2003

MR. SPEAKER: I am directed by the Governor to return herewith: House Joint Resolution(s) No(s). 113 and 114, with his approval.

ROBERT E. COOPER, JR., Counsel to the Governor.

SIGNED March 17, 2003

The Speaker signed the following: House Bill(s) No(s). 297.

BETTY KAY FRANCIS, Chief Engrossing Clerk.

MESSAGE FROM THE SENATE March 17, 2003

MR. SPEAKER: I am directed to transmit to the House, Senate Bill(s) No(s). 292; for the signature of the Speaker.

RUSSELL A. HUMPHREY Chief Clerk.

MESSAGE FROM THE SENATE March 17, 2003

MR. SPEAKER: I am directed to return to the House, House Bill(s) No(s). 1798, 2065 and 2067; substituted for Senate Bill(s) on the same subject(s) and passed by the Senate.

RUSSELL A. HUMPHREY, Chief Clerk.

MESSAGE FROM THE SENATE March 17, 2003

MR. SPEAKER: I am directed to return to the House, House Joint Resolution(s) No(s). 143, 144 and 145; all concurred in by the Senate.

RUSSELL A. HUMPHREY, Chief Clerk.

581

Page 22: MONDAY, MARCH 17, 2003 EIGHTEENTH LEGISLATIVE DAY

MONDAY, MARCH 17, 2003 – EIGHTEENTH LEGISLATIVE DAY

SIGNED March 17, 2003

The Speaker signed the following: Senate Bill(s) No(s). 292.

ENGROSSED BILLS March 17, 2003

The following bills have been examined, engrossed, and are ready for transmission to the Senate: House Bill(s) No(s). 28, 230, 269, 276, 287, 512, 529, 585, 1251, 1258, 2046, also, House Joint Resolution(s) No(s). 26 and 157.

BETTY KAY FRANCIS, Chief Engrossing Clerk.

CONSENT CALENDAR March 17, 2003

The following local bills have been placed on the Consent Calendar for March 20, 2003: House Bill(s) No(s). 1810.

ROLL CALL The roll call was taken with the following results: Present.........................................................................................94 Representatives present were: Armstrong, Baird, Bittle, Black, Bone, Borchert, Bowers, Briley, Brooks (Knox), Brooks (Shelby), Brown, Buck, Bunch, Buttry, Casada, Chumney, Clem, Cobb, Cochran, Coleman, Cooper, Crider, Curtiss, Davidson, Davis, DeBerry J, DeBerry L, DuBois, Dunn, Eldridge, Ferguson, Fitzhugh, Fowlkes, Fraley, Garrett, Godsey, Gresham, Hackworth, Hagood, Hargett, Hargrove, Harmon, Harrison, Harwell, Hawk, Head, Hensley, Hood, Johnson P, Johnson R, Jones S, Jones U, Kernell, Litz, Maddox, Matheny, McCord, McDaniel, McDonald, McKee, McMillan, Miller, Montgomery, Mumpower, Newton, Odom, Overbey, Patton, Pinion, Pleasant, Rinks, Rowland, Sargent, Sharp, Shaw, Shepard, Sontany, Stanley, Tidwell, Tindell, Todd, Towns, Turner B, Turner L, Turner M, Vaughn, Vincent, Walker, West, Windle, Winningham, Wood, Yokley, Mr. Speaker Naifeh -- 94.

RECESS MOTION On motion of Rep. McMillan, the House stood in recess until 9:00 a.m., Thursday, March 20, 2003.

582