Russell Humphreys Rules

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MONDAY, APRIL 16, 2007

THIRTIETH LEGISLATIVE DAY

CALL TO ORDER

The Senate met at 5:00 p.m., and was called to order by Mr. Speaker Ramsey.

PRAYER

The proceedings were opened with prayer by Reverend Bill Mulroy of First United MethodistChurch in Lynchburg, a guest of Senator Tracy.

PLEDGE OF ALLEGIANCE

Senator Tracy led the Senate in the Pledge of Allegiance to the Flag.

ROLL CALL

The roll call was taken with the following results:

Present . . . . . . . . . . . . 30

Senators present were: Beavers, Black, Bunch, Burchett, Burks, Crowe, Crutchfield, Finney(Madison), Finney (Blount), Harper, Haynes, Henry, Herron, Jackson, Johnson, Ketron, Kilby, Kurita,Kyle, Marrero, McNally, Norris, Southerland, Stanley, Tracy, Watson, Wilder, Williams, Woodsonand Mr. Speaker Ramsey--30.

COMMUNICATIONS

April 16, 2007

Lt. Governor Ron RamseySpeaker of the Senate1 Legislative PlazaNashville, Tennessee 37243

Dear Lt. Governor Ron Ramsey,

I am writing this letter to inform you that I will not be able to attend Session the week of April16, 2007 due to medical reasons.

Thank you for your consideration.

Sincerely,

/s/ Senator Ophelia E. FordShelby County, Tennessee

APPROVED: Lieutenant GovernorRon Ramsey


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MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY

877

MEMORANDUM

TO: Lt. Governor Ron RamseyFROM: Senator Reginald TateDATE: April 16, 2007RE: Excused From Session

I am requesting permission to be excused from Session Monday, April 16th, because Imissed my 2:40 p.m. flight and the next schedule flight to Nashville on Northwest Airlines will notleave until 7:30 p.m.

Your consideration to this matter will be greatly appreciated.

APPROVED: Lieutenant GovernorRon Ramsey

MOTION

Senator Norris moved that pursuant to Rule 32 and Article II, Section 18 of the Constitutionof the State of Tennessee, Senate Bills Nos. 2368 and 2369 be passed on first consideration,which motion prevailed.

INTRODUCTION OF BILLS

The Speaker announced that the following bills were filed for introduction and passed firstconsideration:

Senate Bill No. 2368 by Senator Finney (Blount).Alcoa -- Subject to local approval, rewrites charter relative to the establishment of monetary limits forcompetitive bidding, competitive bidding exemptions, and general bid procedures. Amends Chapter

510 of the Private Acts of 1919; as amended.

Senate Bill No. 2369 by Senator Finney (Blount).Alcoa -- Subject to local approval, amends charter relative to the operation of the municipal court.Amends Chapter 510 of the Private Acts of 1919; as amended.

MOTION

Senator Norris moved that pursuant to Rule 32 and Article II, Section 18 of the Constitutionof the State of Tennessee, House Bills Nos. 15, 80, 98, 158, 270, 280, 749, 1187, 1410, 2049,2231, 2369, 2377 and 2379 be passed on first consideration, which motion prevailed.

HOUSE BILLS ON FIRST CONSIDERATION

The Speaker announced that the following House Bills were transmitted to the Senate andpassed first consideration:

House Bill No. 15 -- Education, Higher -- Adds new combat activity under which dependentchildren or spouses of POWs or deceased veterans may qualify for higher education tuition and feewaiver; revises the maximum number of hours for which a waiver may be granted; requires notice of


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the waiver program to be published in institutional catalogs and class schedules. Amends TCASection 49-7-102.

House Bill No. 80 -- Highways, Roads and Bridges -- Requires the Department ofTransportation to provide written notice to the Speakers of the House and Senate at least 10 daysprior to a modification in the maximum weight of load allowed on public highways. Amends TCA Title

55, Chapter 7.

House Bill No. 98 -- Attorneys at Law -- Changes minimum population requirement forregional bar associations to bring legal action to stop unauthorized practice of law from 100,000 to75,000. Amends TCA Title 23, Chapter 3, Part 1.

House Bill No. 158 -- Municipal Government -- Authorizes, subject to adoption of anordinance by a two-thirds vote of the city council, property rights voting in municipal elections inSpring Hill. Amends TCA Section 6-1-204.

House Bill No. 270 -- Boards and Commissions -- Abolishes board of occupational and

physical therapy examiners and establishes separate boards for each profession. Amends TCA Title4, Chapter 29; Title 63, Chapter 13 and Section 68-11-222.

House Bill No. 280 -- Election Laws -- Rearranges placement of offices for supreme court judge, court of appeals judge, and court of criminal appeals judge on the ballot. Amends TCASection 2-5-208.

House Bill No. 749 -- Motor Vehicles -- Authorizes licensed dealers to sell camping trailersand travel trailers at up to six motor vehicle commission-permitted shows per year. Amends TCATitle 55, Chapter 17.

House Bill No. 1187 -- Zoning -- Creates exemption for Nashville from zoning that allowsbusiness to cease operation for up to 30 months and avoid imposed zoning change by removingsuch authority for businesses that primarily sell used automobiles. Amends TCA Section 13-7-208.

House Bill No. 1410 -- Criminal Offenses -- Allows directors of the emergency managementagency to carry handguns pursuant to written directive. Amends TCA Section 39-17-1315.

House Bill No. 2049 -- Physicians and Surgeons -- Allows an organization that sponsorsvolunteer health care services to file reports concerning the physicians providing such volunteerservices on a quarterly basis and to maintain confirmation of licensure of such physicians asprovided on the state Web site; clarifies that activities that are not otherwise authorized cannot beperformed at the physician's office on behalf of the sponsoring organization. Amends TCA Title 63,

Chapter 6, Part 7.

House Bill No. 2231 -- Real Estate Agents and Brokers -- Modifies provisions governingrecord retention by a licensed or certified real estate appraiser; removes provision for a transitionallicense for an appraiser. Amends TCA Title 62, Chapter 39.

House Bill No. 2369 -- Cumberland Gap -- Subject to local approval, rewrites town charter.Amends Chapter 210 of the Acts of 1907; as amended.


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House Bill No. 2377 -- Brownsville -- Subject to local approval, removes qualification fromcharter that City Clerk must be a resident of Brownsville; removes requirement from charter thatproperty owners must maintain sidewalks. Amends Chapter 124 of the Private Acts of 1994.

House Bill No. 2379 -- School Districts, Special -- Increases the aggregate principal amountof bonds for the Franklin Special School District from $3,000,000 to $13,000,000; sets the tax rate

based on the amount of bonds issued. Amends Chapter 144 of the Private Acts of 2002.

MOTION

Senator Norris moved that pursuant to Rule 33 and Article II, Section 18 of the Constitutionof the State of Tennessee, Senate Bills Nos.2366 and 2367 be passed on second considerationand referred to the appropriate committee or held on the Clerk's desk, which motion prevailed.

SENATE BILLS ON SECOND CONSIDERATION

The Speaker announced that the following bills passed second consideration and were

referred to the appropriate committees or held on the Clerk's desk:

Senate Bill No. 2366 held on desk.

Senate Bill No. 2367 held on desk.

MOTION

Senator Norris moved that pursuant to Rule 21, Senate Joint Resolutions Nos. 313through 320; and Senate Resolution No. 34 be passed on first consideration and lie over, whichmotion prevailed.

INTRODUCTION OF RESOLUTIONS

The Speaker announced that the following resolutions were filed for introduction. Pursuant toRule 21, the resolutions lie over.

Senate Joint Resolution No. 313 by Senator Johnson.Memorials, Retirement -- Margaret Ann Miller.

Senate Joint Resolution No. 314 by Senator Finney (Blount).Memorials, Academic Achievement -- Joan Irene Clelland, Valedictorian, Covenant ChristianAcademy.

Senate Joint Resolution No. 315 by Senator Finney (Blount).Memorials, Academic Achievement -- Kerry Sanders, Salutatorian, Covenant Christian Academy.

Senate Joint Resolution No. 316 by Senator Finney (Blount).Memorials, Recognition -- Seymour Junior High School Eagle Ensemble.

Senate Joint Resolution No. 317 by Senators Kyle, Jackson, and Haynes.General Assembly, Confirmation of Appointment -- Nancy Carol Miller-Herron, Claims Commission,Western Division of Tennessee.


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Senate Joint Resolution No. 318 by Senators McNally, Kilby, Woodson, Burchett andWilliams.Memorials, Professional Achievement -- Dr. Jeffrey Wadsworth, Executive Vice President at Battelle.

Senate Joint Resolution No. 319 by Senators Haynes, Burchett, Woodson, Tracy andWilliams.

Memorials, Recognition -- Candace Parker.

Senate Joint Resolution No. 320 by Senators McNally, Harper, Tracy, Burchett, Williams,Kurita, Woodson and Black.General Assembly, Studies -- Creates joint study committee to examine the current status of thechronic disease of asthma in Tennessee.

Senate Resolution No. 34 by Senator Norris.Memorials, Personal Occasion -- Jean Peyton, 80th birthday.

MOTION

Senator Norris moved that pursuant to Rule 21, House Joint Resolutions Nos. 342, 345and 355; Senate Joint Resolutions Nos. 267 through 296 and 299 through 312; and SenateResolutions Nos. 32 and 33 be passed on second consideration and referred to the appropriatecommittees or held on the Clerk's desk, which motion prevailed.

RESOLUTIONS LYING OVER

The Speaker announced that the following resolutions passed second consideration andwere referred to the appropriate committees or held on the desk, pursuant to Rule 21:

House Joint Resolution No. 342 -- Memorials, Retirement -- Donald Seals.

The Speaker announced that he had referred House Joint Resolution No. 342 to Committeeon Calendar.

House Joint Resolution No. 345 -- Memorials, Recognition -- Dr. Juanita Sims Doty.


House Joint Resolution No. 355 -- Memorials, Recognition -- Maryville Kiwanis Club.


Senate Joint Resolution No. 267 -- Naming and Designating -- "National Crime Victims'Rights Week", April 22-28, 2007.

The Speaker announced that he had referred Senate Joint Resolution No. 267 to Committeeon State and Local Government.

Senate Joint Resolution No. 268 -- Naming and Designating -- "Police Memorial Day", May15, 2007, "Police Memorial Week", May 14-20, 2007.


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Senate Joint Resolution No. 269 -- Memorials, Academic Achievement -- Christian NicoleButler, Co-Salutatorian, Raleigh-Egypt High School.

The Speaker announced that he had referred Senate Joint Resolution No. 269 to Committeeon Calendar.

Senate Joint Resolution No. 270 -- Memorials, Academic Achievement -- Markale Loggins,Valedictorian, Raleigh-Egypt High School.


Senate Joint Resolution No. 271 -- Memorials, Academic Achievement -- QuishandreaRichards, Co-Salutatorian, Raleigh-Egypt High School.


Senate Joint Resolution No. 272 -- Memorials, Recognition -- Iris B. Vest Widows Ministry.


Senate Joint Resolution No. 273 -- Memorials, Personal Achievement -- Matthew DerekBrown, Eagle Scout.


Senate Joint Resolution No. 274 -- Memorials, Death -- John R. Crockett, Jr.


Senate Joint Resolution No. 275 -- Memorials, Death -- Dennis Phillips.

The Speaker announced that he had referred Senate Joint Resolution No. 275 to Committee

on Calendar.

Senate Joint Resolution No. 276 -- Memorials, Retirement -- Ronald E. Fults.


Senate Joint Resolution No. 277 -- Memorials, Recognition -- JAYS (Jaycees AgainstYouth Smoking).


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Senate Joint Resolution No. 278 -- Memorials, Academic Achievement -- Jenny Faenza,Salutatorian, Springfield High School.


Senate Joint Resolution No. 279 -- Memorials, Academic Achievement -- Michael Lamb,Valedictorian, Springfield High School.


Senate Joint Resolution No. 280 -- Memorials, Academic Achievement -- Stephanie ClaireHuffine, Salutatorian, Greenbrier High School.


Senate Joint Resolution No. 281 -- Memorials, Academic Achievement -- Taffeta ChimeO'Neal, Valedictorian, Greenbrier High School.


Senate Joint Resolution No. 282 -- Memorials, Academic Achievement -- Lauren CassidyFahey, Salutatorian, Beech High School.


Senate Joint Resolution No. 283 -- Memorials, Academic Achievement -- Leigh KatherineAndrews, Salutatorian, Beech High School.


Senate Joint Resolution No. 284 -- Memorials, Academic Achievement -- Jennifer LaneGreene, Salutatorian, Beech High School.


Senate Joint Resolution No. 285 -- Memorials, Academic Achievement -- Lauren ElizabethWord, Valedictorian, Beech High School.



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Senate Joint Resolution No. 286 -- Memorials, Academic Achievement -- Brittney NicoleHanley, Valedictorian, Station Camp High School.


Senate Joint Resolution No. 287 -- Memorials, Academic Achievement -- Heather IoneBlaisdell, Salutatorian, Station Camp High School.


Senate Joint Resolution No. 288 -- Memorials, Academic Achievement -- Sara ElizabethRupe, Valedictorian, Westmoreland High School.


Senate Joint Resolution No. 289 -- Memorials, Academic Achievement -- Daniel Hinson,Valedictorian, East Robertson High School.


Senate Joint Resolution No. 290 -- Memorials, Academic Achievement -- Lindsey Austin,Salutatorian, East Robertson High School.


Senate Joint Resolution No. 291 -- Memorials, Academic Achievement -- Steven EarlWright, Jr., Salutatorian, Westmoreland High School.


Senate Joint Resolution No. 292 -- Memorials, Academic Achievement -- ThomasBradshaw, Valedictorian, East Robertson High School.


Senate Joint Resolution No. 293 -- Memorials, Sports -- Hendersonville High SchoolGolden Girls Dance Team, TSSAA State Champions in Hip Hop and Pom.


Senate Joint Resolution No. 294 -- Memorials, Recognition -- Second Brigade, SixteenthDivision of the National Defense Force.


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Senate Joint Resolution No. 295 -- Memorials, Academic Achievement -- Amber Spry,Salutatorian, Cannon County High School.


Senate Joint Resolution No. 296 -- Memorials, Academic Achievement -- Jemma Kailiponi,Valedictorian, Cannon County High School.


Senate Joint Resolution No. 299 -- Naming and Designating -- "National Marina Day",August 11, 2007.


Senate Joint Resolution No. 300 -- Memorials, Recognition -- UTC Political Science Stateand Local Government Class students and Professor Dr. Jean Howard-Hill.


Senate Joint Resolution No. 301 -- Memorials, Public Service -- Sarah Hart, PrudentialSpirit of Community Award.


Senate Joint Resolution No. 302 -- Memorials, Academic Achievement -- Brittany Justice,Valedictorian, Gallatin High School.


Senate Joint Resolution No. 303 -- Memorials, Academic Achievement -- SamanthaChandler, Salutatorian, Gallatin High School.


Senate Joint Resolution No. 304 -- Memorials, Academic Achievement -- Jonathon Brewer,Valedictorian, Portland High School.



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Senate Joint Resolution No. 305 -- Memorials, Academic Achievement -- Rachel Collins,Valedictorian, Portland High School.


Senate Joint Resolution No. 306 -- Memorials, Academic Achievement -- JennaMincavage, Valedictorian, Portland High School.


Senate Joint Resolution No. 307 -- Memorials, Academic Achievement -- Whitney Turner,Valedictorian, Portland High School.


Senate Joint Resolution No. 308 -- Memorials, Academic Achievement -- Matthew Groves,Salutatorian, Portland High School.


Senate Joint Resolution No. 309 -- Memorials, Academic Achievement -- Amy ColletteGagliano, Valedictorian, South Haven Christian School.


Senate Joint Resolution No. 310 -- Memorials, Academic Achievement -- Brittney Wix,Valedictorian, Portland High School.


Senate Joint Resolution No. 311 -- Memorials, Academic Achievement -- Rebecca Shields,Salutatorian, Portland High School.


Senate Joint Resolution No. 312 -- Memorials, Academic Achievement -- Matthew StevenBuck, Salutatorian, South Haven Christian School.


Senate Resolution No. 32 -- Memorials, Congress -- Urges replacement of Fast TrackTrade Authority system.


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The Speaker announced that he had referred Senate Resolution No. 32 to Committee onFinance, Ways and Means.

Senate Resolution No. 33 -- General Assembly, Confirmation of Appointment -- Jerry W.Scott, Tennessee Peace Officer Standards and Training (POST) Commission.

The Speaker announced that he had referred Senate Resolution No. 33 to Committee onJudiciary.

MOTION TO AMEND THE RULES

Senator Norris moved that the Report of the Committee on Rules be adopted and theTemporary Rules of Order be amended to add Rule 70.

REPORT OF THE COMMITTEE ON RULES

ONE HUNDRED FIFTH GENERAL ASSEMBLY

Mr. Speaker: The Committee on Rules having met, reports to the Senate the followingrecommendation for amendment to the Rules of Order for the Senate for the One Hundred FifthGeneral Assembly.

The Temporary Rules of Order for the Senate of the 105th General Assembly be amended toinclude as Rule 70 the following:

70. ALTER OR AMEND RULES. The rules of the Senate may be altered or amendedby a two-thirds (2/3) vote of the membership. Motions to amend the rules shall be referred bythe Speaker to the Committee on Rules.

Senator Mark NorrisChairman, Committee on Rules

April 12, 2007

Senator Kyle moved that the adoption of the Report of the Committee on Rules be deferreduntil Monday, April 23, 2007, which motion failed by the following vote:

Ayes . . . . . . . . . . . . . . 14Noes . . . . . . . . . . . . . . 16

Senators voting aye were: Burks, Crutchfield, Finney (Madison), Harper, Haynes, Henry,Herron, Jackson, Kilby, Kurita, Kyle, Marrero, Wilder and Williams--14.

Senators voting no were: Beavers, Black, Bunch, Burchett, Crowe, Finney (Blount), Johnson,

Ketron, McNally, Norris, Southerland, Stanley, Tracy, Watson, Woodson and Mr. Speaker Ramsey--16.

Senator Norris moved that the Report of the Committee on Rules be adopted, which motionprevailed by the following vote:

Ayes . . . . . . . . . . . . . . 16Noes . . . . . . . . . . . . . . 13Present, not voting . . . 1


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Senators voting aye were: Beavers, Black, Bunch, Burchett, Crowe, Finney (Blount),Johnson, Ketron, McNally, Norris, Southerland, Stanley, Tracy, Watson, Woodson and Mr. SpeakerRamsey--16.

Senators voting no were: Burks, Crutchfield, Finney (Madison), Harper, Haynes, Henry,Herron, Jackson, Kilby, Kurita, Kyle, Marrero and Williams--13.

Senator present and not voting was: Wilder--1.

Senator Kyle moved to appeal the ruling of the Chair.

Senator Kyle withdrew his motion.

Senator Kyle moved to reconsider action in adopting the Report of the Committee on Rules.

Mr. Speaker Ramsey moved to lay on the table the motion to reconsider action in adoptingthe Report of the Committee on Rules, which motion failed by the following vote:

Ayes . . . . . . . . . . . . . . 16

Noes . . . . . . . . . . . . . . 13Present, not voting . . . 1

Senators voting aye were: Beavers, Black, Bunch, Burchett, Crowe, Finney (Blount),Johnson, Ketron, McNally, Norris, Southerland, Stanley, Tracy, Watson, Woodson and Mr. SpeakerRamsey--16.

Senators voting no were: Burks, Crutchfield, Finney (Madison), Harper, Haynes, Herron,Jackson, Kilby, Kurita, Kyle, Marrero, Wilder and Williams--13.

Senator present and not voting was: Henry--1.

RULE 17 RULING

April 17, 2007

The Honorable Ron RamseyLieutenant Governor and Speaker of the SenateLegislative Plaza, Suite 1Nashville, TN 37243

Dear Mr. Speaker:

This letter is submitted to you pursuant to Temporary Rules of Order of the Senate, Rule 17:

17. SPEAKER'S RULINGS. The Clerk of the Senate shall enter on the Journal allrulings by the Speaker on Points of Order. The Clerk or any member may request thatthe Speaker submit such ruling in writing within three legislative days.

BACKGROUND

On January 9, 2007, Senator Kyle offered the following motion regarding the adoption of theTemporary Rules of Order of the Senate for the 105th General Assembly:


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Senator Kyle moved that the Temporary Rules of Order for the Senate of the OneHundred Fourth General Assembly, excluding Rule 70, be made the TemporaryRules of Order for the Senate of the One Hundred Fifth General Assembly, whichmotion prevailed by the following vote:

Ayes . . . . . . . . . . . . . . 32

Noes . . . . . . . . . . . . . . 0

(Emphasis added.) Senate Journal of the Organizational and First Regular Session, 105th GeneralAssembly, Page 5.

The omitted rule, Rule 70 of the Temporary Rules of Order of the Senate of the 104thGeneral Assembly, stated the following:

70. ALTER OR AMEND RULES. The rules of the Senate may be altered or amendedby a two-thirds (2/3) vote of the membership. Motions to amend the rules shall bereferred by the Speaker to the Committee on Rules.

On April 12, 2007, Senator Norris submitted a Report of the Committee on Rulesrecommending adoption of the former Senate Rule 70.

On April 16, 2007, Senator Norris moved to adopt the Report of the Committee on Rules andamend the Temporary Rules of Order of the 105th General Assembly to include Rule 70. TheSpeaker ruled the motion prevailed by a vote of Ayes 16, Noes 13 and Present Not Voting 1.

Senator Kyle moved to appeal the ruling of the Speaker pursuant to Rule 18, but thereafterwithdrew his motion. The motion to reconsider, which is always in order, was thereupon placed uponthe table on a vote of Ayes 16, Noes 13 and Present Not Voting 1.

RULING AND AUTHORITY

The ruling of the Speaker that a majority of the members present and voting was sufficient tocarry the proposition before the body is correct and is supported by all relevant authority andprecedent.

As a preliminary matter, because of the removal of Senate Rule 70, there is not guidance inthe Temporary Rules of Order as to the requirement to amend or alter the rules. However, arequirement of a two-thirds vote to amend or alter the Senate Rules of Order has been in the rulesdating back to at least 1915. Senate Journal of 1915, Page 86.

The present numbering and exact language of Rule 70 has been in the rules of the Senatesince 1979. Senate Journal of the Organizational and First Regular Session, 91st GeneralAssembly, Page 216.

Absent authority in the Rules of Order, Senate Rule 71 requires that Mason's Manual ofLegislative Procedureshall govern the Senate.

Mason's Manual of Legislative Procedure Section 4 (2) lists, aside from Masonsitself, the authoritative sources of precedents shall include the state constitution, any adoptedrules of the body and the custom, usage and precedents of the body.


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A. No Constitutional Provisions Exist Regarding the Required Vote to Amend the SenateRules of Order.

The Constitution of the State of Tennessee provides that each body shall determine own itsrules of proceedings. Constitution of the State of Tennessee, Article II, Section 12. It does notspecifically address the vote required.

Additionally, the only mention of the required votes of the Senate are found in Article II,Section 18, and Article XI, Section 3, of the Constitution of the State of Tennessee to enact a law:

Article II, Section 18. A bill shall become law when it has been considered andpassed on three different days in each House and on third and final consideration hasreceived the assent of a majority of all the members to which each House is entitledunder this Constitution

Article XI, Section 3. Any amendment or amendments to this Constitution may beproposed in the Senate or House of Representatives, and if the same shall be agreedto by a majority of all the members elected to each of the two houses.

(Emphasis Added.)

Additional review has not revealed any case law related to these sections lending guidanceto the required vote to adopt an amendment to the rules of order. Therefore, the Senate must rely onMasons, custom, usage and precedents and the adopted rules.

B. Mason's Manual of Legislative ProcedureClearly Requires a Majority of the MembersPresent and Voting.

According to Mason's Manual of Legislative Procedure, when both the rules and constitutionare silent as to the majority required for a proposition to prevail, the default rule is that a majority ofthe member present and voting is the correct proportion. The text of the rules is below:

Section 510. Majority of Legal Votes Required.

1. A majority of the legal votes cast, a quorum being present, is sufficient to carry aproposition unless a larger vote is required by a constitution, charter, or controllingprovision of law. Members present but not voting are disregarded in determiningwhether an action carried.2. Where a majority or other proportion of votes is required without specifyingwhether the vote refers to the entire membership or to the members present, or to themember present and voting, the general rule is the proportion refers to thenumber present and voting.3. In the absence of any express rule or constitutional provision, a proposition is

carried in legislative assemblies by a majority of the votes cast, and the exercise oflaw-making power is not stopped by mere silence and inaction of some who arepresent but do not vote.

(Emphasis Added.)

Additionally, Mason's Manual of Legislative Procedure Section 407 clearly addresses amotion to amend the Senates rules. It states that a majority vote is all that is required to amend therules unless a higher vote is stated in the adopted rules of the body. The text of the rule is below:


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Section 407. Amendment of Rules

The amendment of rules often requires notice and a two-thirds vote, and there aresometimes other or further restrictions than on the amendment of bills, resolutions ormotions. The procedure for the amendment of the rules of a house is usually providedin the rules themselves. A majority vote only is required to amend rules unless

the rules require a higher vote.

(Emphasis Added.)

Given that the Temporary Rules of Order of the Senate are silent and because Rule 70 wasnot previously adopted, these statements of parliamentary law, read together or separately, requirea vote of a majority of the members present and voting for an amendment to the rules to prevail.This is in accord with the Speakers ruling on this matter.

C. Custom, Usage and Precedents Require a Majority of the Members Present andVoting.

The Senate has, in prior practice, adopted amendments to the Temporary Rules of order witha majority of those present and voting.

In 1997, Senator Gilbert moved to amend Senate Rule 85, which motion was adopted by theSenate on by a vote of Ayes 16, Noes 15. See attached: Senate Journal of the 100th GeneralAssembly, Page 1232 and 1233.

The 1997 action mirrors the current issue in question. The current ruling is in keeping withthe tradition of the Senate. This and other precedents affirm the Speakers ruling and reflectcontinuity in the Senate parliamentary procedure.

D. The Temporary Rules of Order Support the Ruling.

The current Temporary Rules of Order are consistent with the Speakers ruling.

Senate rule 18 allows the body to determine its own rules with a majority of those presentand voting.

18. APPEALS ON RULINGS. Any member of the Senate may appeal to the Senatefrom a ruling of the Speaker. A majority vote of the members present, and registeringon the roll call system, shall decide the appeal.

(Emphasis added.)

This is part and parcel of the body determining its rules by a simple majority. If the bodycontends that the Speaker has erred in interpretation of a rule of the Senate, they can correct hisruling with a majority of the members present and voting. This is, in effect, setting the rules of theSenate. This precedent allows for an efficient and effective avenue for altering, amending andestablishing the rules of the Senate.

Additionally, the Senate has adopted the disposition form of the motion to lay on the table,which prevails with a majority of the members voting. The motion to lay on the table has taken two


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forms in modern parliamentary practice. The first of these is the traditional form which deferredconsideration of main questions until a later time. Under this approach, a bill is retained on theclerks desk (table) for consideration at future time, typically after disposition of urgent business..

The second form evolved in the practice of the U.S. House of Representatives and isadopted by the Tennessee Senate. According to House Practice, U.S. Government Printing Office2003:

The action of the House in adopting the motion to table a proposition is the equivalentof a final adverse disposition thereof, and does not merely represent a refusal toconsider it.

Masons Manual section 337 recognizes this trend of adopting the dispositional form,validating the Senates practice of adopting a determinative (or final) action with a majority of themembership voting.

These rules of the body are clear and fully support the basis of the ruling.

CONCLUSION

Masons Manual, prior Senate precedent, and the current Senate rules, affirm, that a majorityvote of the members present and voting was the correct vote necessary for the motion to amend therules to prevail. The Speakers ruling is valid and stands.

If you require any additional information, please do not hesitate to let me know.

With kindest regards, I am

Yours truly,

Russell A. HumphreyChief Clerk of the Senate

NOTICES

Pursuant to Rule 44, notice was given that the following bills were returned from the Houseof Representatives amended. Under the rule, the bills lie over.

MESSAGE FROM THE HOUSEApril 16, 2007

MR. SPEAKER: I am directed to return to the Senate, Senate Bill No. 1631, substituted forHouse Bill on same subject, amended, and passed by the House.

BURNEY T. DURHAM,Chief Clerk.


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MOTION

Senator Woodson moved that Rule 37 be suspended for the immediate consideration of

House Joint Resolution No. 269, out of order, which motion prevailed.

RESOLUTION LYING OVER

House Joint Resolution No. 269 -- Naming and Designating -- Designates April 18, 2007 as"Legislative Intern Day on the Hill" to honor and commend the 2007 Class of Legislative Interns.

On motion of Senator Woodson, the rules were suspended for the immediate considerationof the resolution.

On motion, House Joint Resolution No. 269 was concurred in.

A motion to reconsider was tabled.

MOTION

Senator Ketron moved that Rule 83(8) be suspended for the purpose of placing Senate BillNo. 912 on the calendar for the Committee on State and Local Government for Tuesday, April 17,2007, which motion prevailed.


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MOTION

Senator Haynes moved that Rule 37 be suspended for the immediate consideration ofSenate Joint Resolution No. 319, out of order, which motion prevailed.


Senate Joint Resolution No. 319 -- Memorials, Recognition -- Candace Parker.

On motion of Senator Haynes, the rules were suspended for the immediate consideration ofthe resolution.

On motion, Senate Joint Resolution No. 319 was adopted.


MOTION

Senator Finney (Blount) moved that Rule 37 be suspended for the immediate considerationof House Joint Resolution No. 355, out of order, which motion prevailed.


House Joint Resolution No. 355 -- Memorials, Recognition -- Maryville Kiwanis Club.

On motion of Senator Finney (Blount), the rules were suspended for the immediateconsideration of the resolution.

On motion, House Joint Resolution No. 355 was concurred in.


MOTION

Senator Beavers moved that Rule 37 be suspended for the immediate consideration ofSenate Joint Resolution No. 295, out of order, which motion prevailed.


Senate Joint Resolution No. 295 -- Memorials, Academic Achievement -- Amber Spry,

Salutatorian, Cannon County High School.

On motion of Senator Beavers, the rules were suspended for the immediate consideration ofthe resolution.




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MOTION

Senator Beavers moved that Rule 37 be suspended for the immediate consideration ofSenate Joint Resolution No. 296, out of order, which motion prevailed.


Senate Joint Resolution No. 296 -- Memorials, Academic Achievement -- Jemma Kailiponi,Valedictorian, Cannon County High School.

On motion of Senator Beavers, the rules were suspended for the immediate consideration ofthe resolution.



CONSENT CALENDAR NO.1

House Joint Resolution No. 325 -- Memorials, Personal Occasion -- Clifton J. Melton, 75thbirthday.

House Joint Resolution No. 326 -- Memorials, Congratulations -- Whitney Nichols, 2007Mule Day Queen.

House Joint Resolution No. 327 -- Memorials, Personal Achievement -- Austin GarrettEvans, Eagle Scout.

House Joint Resolution No. 328 -- Memorials, Recognition -- Vernon McGarity,

Congressional Medal of Honor.

House Joint Resolution No. 331 -- Memorials, Professional Achievement -- Susan Franks,Lawrence County Teacher of the Year.

House Joint Resolution No. 332 -- Memorials, Retirement -- Dr. Richard Dallas Chesteen,Sr.

House Joint Resolution No. 334 -- Memorials, Sports -- Corey Brewer, Most OutstandingPlayer, NCAA Men's Basketball Tournament.

House Joint Resolution No. 335 -- Memorials, Sports -- Lambuth University women'sbasketball team, NAIA Division I Champions.

House Joint Resolution No. 338 -- Memorials, Recognition -- Enoch Elijah Luna III.

House Joint Resolution No. 339 -- Memorials, Recognition -- Major Don Geving.

House Joint Resolution No. 340 -- Memorials, Personal Achievement -- Andrew Strough,Eagle Scout.


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House Joint Resolution No. 341 -- Memorials, Death -- Jacob Harrison Crawford.

Senate Joint Resolution No. 257 -- Memorials, Death -- Horace Dale Reddon.

Senate Joint Resolution No. 258 -- Memorials, Recognition -- Bethlehem Number OneMissionary Baptist Church.

Senate Joint Resolution No. 260 -- Memorials, Recognition -- Tennessee Tech University,2008 Mini Baja Competition.

Senate Joint Resolution No. 261 -- Memorials, Recognition -- Tennessee TechnologicalUniversity, "Top Public Universities in the South", U.S. News and World Report.

Senate Joint Resolution No. 262 -- Memorials, Recognition -- Lou Engle.

Senate Joint Resolution No. 265 -- Memorials, Academic Achievement -- Mandi RoseWaits, Salutatorian, Craigmont High School.

Senate Joint Resolution No. 266 -- Memorials, Academic Achievement -- Cherilyn VyVyTran, Valedictorian, Craigmont High School.

Senate Resolution No. 31 -- Memorials, Sports -- University of Tennessee Rugby footballclub.

Senator Finney (Blount) moved that all Senate Joint Resolutions and Senate Resolutions beadopted; and all House Joint Resolutions be concurred in, which motion prevailed by the followingvote:

Ayes . . . . . . . . . . . . . . 29Noes . . . . . . . . . . . . . . 0

Senators voting aye were: Beavers, Black, Bunch, Burchett, Burks, Crowe, Crutchfield,Finney (Madison), Finney (Blount), Harper, Haynes, Henry, Herron, Jackson, Johnson, Ketron,Kilby, Kurita, Kyle, Marrero, McNally, Norris, Southerland, Stanley, Tracy, Watson, Williams,Woodson and Mr. Speaker Ramsey--29.


CONSENT CALENDAR NO.2

Objections having been raised, the following bills were placed at the heel of the calendar forThursday, April 19, 2007, pursuant to Rule 38: Senate Bills Nos. 892, 2056 and 2270.

Senate Bill No. 65 -- Education, Higher -- Adds new combat activity under which dependentchildren or spouses of POWs or deceased veterans may qualify for higher education tuition and feewaiver; revises the maximum number of hours for which a waiver may be granted; requires notice ofthe waiver program to be published in institutional catalogs and class schedules. Amends TCASection 49-7-102.

On motion, Senate Bill No. 65 was made to conform with House Bill No. 15.


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On motion, House Bill No. 15, on same subject, was substituted for Senate Bill No. 65.

Senate Bill No. 79 -- Special License Plates -- Authorizes Recreational Vehicle newspecialty earmarked license plates; and allocates 50 percent of funds derived from sale and renewalthereof to Department of Tourist Development for tourism promotion. Amends TCA Title 55, Chapter4.

Senate Bill No. 90 -- Special License Plates -- Authorizes trauma nurses in emergencyrooms and trauma centers to receive emergency license plates upon payment of all applicable feesfor such license plates. Amends TCA Title 55, Chapter 4.



Senate Bill No. 421 -- Game and Fish Laws -- Requires property declared contraband to bedestroyed or delivered to the Commissioner of General Services and sold in the same manner assurplus property instead of destroyed or advertised and sold at the courthouse of the county wherethe property was seized. Amends TCA Section 70-6-201.



Senate Bill No. 429 -- Criminal Offenses -- Expands and clarifies the offense of trespass onor unlawful entry in an airport or aircraft or secure areas of the air operations areas. Amends TCASection 39-17-109.

Senate Bill No. 726 -- Wildlife Resources Commission -- Authorizes a 501(c)(3) nonprofit

wildlife conservation organization to sell or transfer an elk-take permit issued by the executivedirector of TWRA pursuant to rules promulgated by the Wildlife Resources Commission; proceeds ofthe sale will be used for the elk program. Amends TCA Title 70, Chapter 2, Part 2.

Senate Bill No. 920 -- Privacy, Confidentiality -- Classifies records of job-related criticalincident counseling to county and municipal corrections officers and dispatchers as confidential forpurposes of Open Records Law. Amends TCA Section 10-7-504.

Senate Bill No. 1210 -- Physicians and Surgeons -- Allows an organization that sponsorsvolunteer health care services to file reports concerning the physicians providing such volunteerservices on a quarterly basis and to maintain confirmation of licensure of such physicians asprovided on the state Web site; clarifies that activities that are not otherwise authorized cannot be

performed at the physician's office on behalf of the sponsoring organization. Amends TCA Title 63,Chapter 6, Part 7.



Senate Bill No. 1309 -- Taxes, Ad Valorem -- Permits taxpayers and owners of commercialand industrial property in Hamilton County to appeal valuation of such property directly to the state


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board of equalization with the written consent of the assessor of property. Amends TCA Section 67-5-1412.

Senate Bill No. 1353 -- General Assembly -- Requires mass mailings sent by member of thegeneral assembly to persons within the member's district within 30 days of an election to be paidfrom the member's campaign account. Amends TCA Title 2 and Title 3, Chapter 1, Part 1.

Senate Bill No. 1935 -- Nuisances -- Authorizes courts to enjoin continuation of publicnuisances before notice and hearing is afforded defendant under certain circumstances. AmendsTCA Title 29.

Senate Bill No. 1942 -- County Government -- Permits Hardeman County, by two-thirds voteof county legislative body, or any municipality in that county, to adopt the child curfew law for use inthat county or municipality; presently only Shelby County has this authority. Amends TCA Title 39,Chapter 17, Part 17.



Senate Bill No. 2012 -- Election Laws -- Moves date for presidential preference primary fromsecond Tuesday in February to first Tuesday in February. Amends TCA Section 2-13-205 andSection 2-5-205.



Senate Bill No. 2026 -- Special License Plates -- Authorizes issuance of Franklin HistoricDistrict new specialty earmarked license plates; allocates 50 percent of funds derived from sale

thereof to the Franklin Historic District. Amends TCA Title 55, Chapter 4.

Senate Bill No. 2063 -- Taxes, Real Property -- Increases the per diem for members of theAssessment Appeals Commission from $75.00 to $95.00 for each day or part of a day in attendanceat meetings of the Assessment Appeals Commission. Amends TCA Section 67-5-1502.

Senate Bill No. 2065 -- Equalization Board -- Changes provisions regarding when the stateboard will accept an appeal from the taxpayer to specify that the appeal will be accepted up toMarch 1 of "the year in which the time for appeal to the state board has began to run" instead of "theyear in which the assessment was made". Amends TCA Section 67-5-1412.

Senate Bill No. 2066 -- Taxes, Real Property -- Specifies, in regard to the provision whereby

a condition for appeal is that the undisputed portion of the tax levied be paid before the delinquentdate of the tax and that no delinquent taxes have accrued on the property, that failure to pay theundisputed portion of the tax or any other delinquency on the property by the time of the hearing willresult in dismissal of the hearing without further right to appeal. Amends TCA Section 67-5-1512.

Senate Bill No. 2067 -- Taxes, Exemption and Credits -- Specifies that the local approvalrequired by a county in order for property owned by a nonprofit community and performing artsorganizations to be eligible for a property tax exemption as a charitable or educational use ofproperty must be approval by a two-thirds vote. Amends TCA Title 67, Chapter 5, Part 10.


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Senate Bill No. 2080 -- Privacy, Confidentiality -- Makes confidential certain informationrelating to donors of gifts to public institutions of higher education or to certain related foundations.

Amends TCA Title 49, Chapter 7, Part 1.

Senate Bill No. 2155 -- School Superintendents -- Requires extension of contract of directorof schools to be the first item on the agenda of board meeting in which contract extension is to beconsidered and changes the period of notice required for such action from 10 days to 15 days priorto the meeting in which contract extension is to be considered. Amends TCA Title 49, Chapter 2.

Senate Bill No. 2157 -- Education -- Requires greater accountability for alternativeeducation; requires LEAs to develop plans for transitioning between regular and alternative schools.Amends TCA Title 49.

Senate Bill No. 2179 -- Parks, Natural Areas Preservation -- Adds Bon Aqua Woods as aClass I-scenic-recreational area and Dry Branch as a Class II-natural-scientific area; revises

acreage of Rugby scenic-recreational area from 323 to 445 acres. Amends TCA Title 11, Chapter14.



Senate Bill No. 2206 -- Public Contracts -- Limits scope of review in appeal of stateprocurement process to chancery court from the review committee to the record before the reviewcommittee; limits scope of inquiry in appeals to whether review committee acted illegally or withoutmaterial evidence to support its action. Amends TCA Section 12-4-109.

Senate Bill No. 2234 -- Energy -- Transfers responsibility for administering state buildingenergy management program and revolving retrofit fund from Department of General Services toDepartment of Finance and Administration. Amends TCA Title 4, Chapter 3.



Senate Bill No. 2282 -- Criminal Offenses -- Creates misdemeanor offenses for removingfrom a dog an electronic or radio transmitting collar without the permission of the owner. AmendsTCA Title 39, Chapter 14.



House Joint Resolution No. 118 -- Naming and Designating -- "Patriot's Day", April 19,2007.

Senate Joint Resolution No. 58 -- General Assembly, Directed Studies -- RequestsDepartment of Correction to review National Bill of Rights for Children of the Incarcerated andupdate 1995 report on Children and Families of Incarcerated Felons.


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Senator Finney (Blount) moved that all Senate Joint Resolutions be adopted; all House JointResolutions be concurred in; and all Senate Bills and House Bills be passed on third and finalconsideration, which motion prevailed by the following vote:

Ayes . . . . . . . . . . . . . . 29Noes . . . . . . . . . . . . . . 0

Senators voting aye were: Beavers, Black, Bunch, Burchett, Burks, Crowe, Crutchfield,Finney (Madison), Finney (Blount), Harper, Haynes, Henry, Herron, Jackson, Johnson, Ketron,Kilby, Kurita, Kyle, Marrero, McNally, Norris, Southerland, Stanley, Tracy, Watson, Williams,Woodson and Mr. Speaker Ramsey--29.


LOCAL BILLCONSENT CALENDAR

Senate Bill No. 2347 -- Cumberland Gap -- Subject to local approval, rewrites town charter.

Amends Chapter 210 of the Acts of 1907; as amended.



Senate Bill No. 2357 -- School Districts, Special -- Increases the aggregate principal amountof bonds for the Franklin Special School District from $3,000,000 to $13,000,000; sets the tax ratebased on the amount of bonds issued. Amends Chapter 144 of the Private Acts of 2002.



Senate Bill No. 2358 -- Brownsville -- Subject to local approval, removes qualification fromcharter that City Clerk must be a resident of Brownsville; removes requirement from charter thatproperty owners must maintain sidewalks. Amends Chapter 124 of the Private Acts of 1994.



Senate Bill No. 2363 -- Cookeville -- Subject to local approval, revises provisions concerning

the board of trustees for the Cookeville Regional Medical Center. Amends Chapter 49 of the PrivateActs of 1999; as amended.



Senator Finney (Blount) moved that all House Bills be passed on third and finalconsideration, which motion prevailed by the following vote:


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Ayes . . . . . . . . . . . . . . 30Noes . . . . . . . . . . . . . . 0

Senators voting aye were: Beavers, Black, Bunch, Burchett, Burks, Crowe, Crutchfield,Finney (Madison), Finney (Blount), Harper, Haynes, Henry, Herron, Jackson, Johnson, Ketron,Kilby, Kurita, Kyle, Marrero, McNally, Norris, Southerland, Stanley, Tracy, Watson, Wilder, Williams,

Woodson and Mr. Speaker Ramsey--30.


CALENDAR

Senate Joint Resolution No. 46 -- Constitutional Amendments -- Proposes an amendmentto Article XI, Section 5 of the Constitution of the State of Tennessee concerning charitable lotteriesto include certain veteran organizations exempt from federal taxation and described in 26 USC501(c)(19).

Senator Ketron moved that the Clerk read the resolution, which motion prevailed.

The Clerk read the resolution.

Thereupon, Mr. Speaker Ramsey declared pursuant to Article XI, Section 3, Senate JointResolution No. 46 had been read.

Senate Bill No. 53 -- Game and Fish Laws -- Authorizes persons with handgun carry permitsto possess firearms in all public hunting areas, refuges, wildlife management areas, and nationalforests managed by the state. Amends TCA Title 70.

Senator Kilby moved to amend as follows:

AMENDMENT NO. 1

AMEND by deleting all language following the enacting clause and substituting instead the following:

SECTION 1. Tennessee Code Annotated, Section 70-4-117, is amended by addingthe following language as new subsection (d):

(d) Notwithstanding the provisions of subsection (a), a person with a handguncarry permit pursuant to 39-17-1351 may possess a handgun the entire year whileon the premises of any refuge, public hunting area, wildlife management area or, tothe extent permitted by federal law, national forest land maintained by the state.Nothing in this subsection shall authorize a person to use any handgun to hunt unless

such person is in full compliance with all wildlife laws, rules and regulations.

SECTION 2. Tennessee Code Annotated, Section 70-5-101, is amended by addingthe following language as subsection (c) and by redesignating the remaining subsectionsaccordingly:

(c) Notwithstanding the provisions of subsection (b), a person with a handguncarry permit pursuant to 39-17-1351 may possess a handgun the entire year whileon the premises of any refuge, public hunting area or wildlife management area or, to


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the extent permitted by federal law, national forest land maintained by the state.Nothing in this subsection shall authorize a person to use any handgun to hunt unlesssuch person is in full compliance with all wildlife laws, rules and regulations.

SECTION 3. This act shall take effect July 1, 2007, the public welfare requiring it.

The following Senators declared Rule 13 on Amendment No. 1: Beavers, Black, Bunch,Burchett, Burks, Cooper, Crowe, Crutchfield, Finney (Madison), Finney (Blount), Ford, Harper,Haynes, Henry, Herron, Jackson, Johnson, Ketron, Kilby, Kurita, Kyle, McNally, Norris, Southerland,Stanley, Tate, Tracy, Watson, Wilder, Williams, Woodson and Mr. Speaker Ramsey.

On motion, Amendment No. 1 was adopted.


AMENDMENT NO. 2

AMEND by inserting the following language at the end of the first sentence of the amendatory

language of Section 1:

; provided that this subsection shall only apply if there is no scope on the handgun, suchperson is not engaged in an unauthorized act of hunting on the premises, and if such personis located:

(1) In a vehicle on a public road;

(2) In a parking lot;

(3) In a campground or designated common area; or

(4) On or within twenty feet (20') of a designated hiking trail.

AND FURTHER AMEND by inserting the following language at the end of the first sentence of theamendatory language of Section 2:

; provided that this subsection shall only apply if there is no scope on the handgun, suchperson is not engaged in an unauthorized act of hunting on the premises, and if such personis located:

(1) In a vehicle on a public road;

(2) In a parking lot;

(3) In a campground or designated common area; or

(4) On or within twenty feet (20') of a designated hiking trail.




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AMENDMENT NO. 3

AMEND by deleting the language "In a vehicle on a public road" in the amendatory language of thebill as amended by Senate Environment and Conservation Amendment No. 2 (Doc. No. 615863)and by substituting instead "On a public road".

Pursuant to Rule 39(3), Amendment No. 3 was adopted by the following vote:

Ayes . . . . . . . . . . . . . . 30Noes . . . . . . . . . . . . . . 0

Senators voting aye were: Beavers, Black, Bunch, Burchett, Burks, Crowe, Crutchfield,Finney (Madison), Finney (Blount), Harper, Haynes, Henry, Herron, Jackson, Johnson, Ketron,Kilby, Kurita, Kyle, Marrero, McNally, Norris, Southerland, Stanley, Tracy, Watson, Wilder, Williams,Woodson and Mr. Speaker Ramsey--30.

Thereupon, Senate Bill No. 53, as amended, passed its third and final consideration by thefollowing vote:

Ayes . . . . . . . . . . . . . . 30Noes . . . . . . . . . . . . . . 0

Senators voting aye were: Beavers, Black, Bunch, Burchett, Burks, Crowe, Crutchfield,Finney (Madison), Finney (Blount), Harper, Haynes, Henry, Herron, Jackson, Johnson, Ketron,Kilby, Kurita, Kyle, Marrero, McNally, Norris, Southerland, Stanley, Tracy, Watson, Wilder, Williams,Woodson and Mr. Speaker Ramsey--30.


Senator Crowe moved that Senate Bill No. 66 be placed on the Calendar for Monday, April

30, 2007, which motion prevailed.

Senate Bill No. 227 -- Election Laws -- Requires a voter to present qualified photographicidentification before voting; voters without proper identification shall be allowed to cast provisionalballots. Amends TCA Title 2, Chapter 7, Part 1.

Senator Ketron moved to amend as follows:

AMENDMENT NO. 1

AMEND by deleting the language "subsection (b)" in the amendatory language of Section 3 andsubstituting instead the language "this section".


Thereupon, Senate Bill No. 227, as amended, passed its third and final consideration by thefollowing vote:

Ayes . . . . . . . . . . . . . . 18Noes . . . . . . . . . . . . . . 10Present, not voting . . . 1


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Senators voting aye were: Beavers, Black, Bunch, Burchett, Crowe, Finney (Blount), Henry,Johnson, Ketron, McNally, Norris, Southerland, Stanley, Tracy, Watson, Williams, Woodson and Mr.Speaker Ramsey--18.

Senators voting no were: Burks, Crutchfield, Finney (Madison), Harper, Haynes, Herron,Kilby, Kurita, Kyle and Marrero--10.

Senator present and not voting was: Jackson--1.


RECALL OF BILL

On motion of Mr. Speaker Ramsey, Senate Bill No. 1503 was recalled from the Committeeon Calendar.

REFERRAL OF BILL

Mr. Speaker Ramsey moved that Senate Bill No. 1503 be referred to the Committee onFinance, Ways and Means, which motion prevailed.

MOTION

On motion of Senator Johnson, his name was added as sponsor of Senate Bills Nos. 826and 1263.

On motion of Senator Crowe, his name was added as sponsor of Senate Joint ResolutionNo. 203.

On motion of Senator Haynes, his name was added as sponsor of Senate Bills Nos. 836,837, 838, 883, 912 and 2249.

On motion of Senator Wilder, his name was added as sponsor of Senate Bill No. 308 andHouse Joint Resolution No. 341.

On motion of Senator Cooper, his name was added as sponsor of House Joint ResolutionNo. 325.

On motion of Senator Finney (Madison), his name was added as sponsor of Senate Bill No.93.

On motion of Senator Tracy, his name was added as sponsor of Senate Bill No. 437.

On motion of Senator Herron, his name was added as sponsor of Senate Bill No. 938.

On motion of Senator Jackson, his name was added as sponsor of Senate Bills Nos. 1695,1790 and 1910.

On motion of Senator McNally, his name was added as sponsor of Senate Bills Nos. 757and 1550.


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On motion of Senator Woodson, her name was added as sponsor of Senate Bill No. 1550.

On motion of Senator Marrero, her name was added as sponsor of House JointResolutions Nos. 106 and 118; Senate Resolution No. 31; Senate Joint Resolution No. 58; andSenate Bills Nos. 66, 90, 268, 1158, 1294, 2012, 2179, 2182 and 2270.

On motion of Senator Harper, her name was added as sponsor of House Joint ResolutionsNos. 326 and 335; and Senate Joint Resolution No. 261.

On motion, all Senators' names were added as sponsors of House Joint Resolution No.269 and Senate Joint Resolution No. 319.

On motion of Senator Ketron, his name was added as sponsor of House Joint ResolutionsNos. 326, 338 and 339.

On motion of Senators Beavers, Johnson, Stanley, Tracy and Black, their names were added

as sponsors of Senate Bill No. 227.

On motion of Senator Black, her name was added as sponsor of House Joint ResolutionsNos. 106 and 334; and Senate Bills Nos. 66, 227, 268 and 1610 .

On motion of Senators Crowe, Black, Southerland, Woodson, Tracy, Stanley, Beavers,Bunch, Johnson, Ketron and Watson, their names were added as sponsors of Senate JointResolution No. 46.

On motion of Senator Burks, her name was added as sponsor of House Joint ResolutionsNos. 106 and 118; and Senate Bills Nos. 65, 66, 79, 90, 920, 1210 and 1294 .

On motion of Senator Norris, his name was added as sponsor of House Joint ResolutionsNos. 327 and 328.

On motion of Senator Kurita, her name was added as sponsor of House Joint ResolutionsNos. 118, 326, 328 and 335; Senate Joint Resolution No. 261; and Senate Bill No. 65 .

On motion of Senators Herron and Finney (Madison), their names were added as sponsorsof House Joint Resolutions Nos. 332 and 335.

On motion of Senator Finney (Blount), his name was added as sponsor of House Joint

Resolutions Nos. 118 and 355; and Senate Bills Nos. 65, 1210, 1695, 1790, 1910 and 2012 .

On motion of Senator Kyle, his name was added as sponsor of Senate Bill No. 892.

On motion of Senator Norris, his name was removed as sponsor of Senate Bill No. 1893.

On motion of Senator Finney (Blount), his name was added as prime sponsor of Senate BillNo. 1893.


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ENGROSSED BILLSApril 16, 2007

MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefullyexamined Senate Joint Resolution No. 295, and find same correctly engrossed and ready fortransmission to the House.

M. SCOTT SLOAN,Chief Engrossing Clerk.


MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefullyexamined Senate Joint Resolution No. 296, and find same correctly engrossed and ready fortransmission to the House.

M. SCOTT SLOAN,

Chief Engrossing Clerk.


MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefullyexamined Senate Bills Nos. 53 and 227, and find same correctly engrossed and ready fortransmission to the House.



MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefullyexamined Senate Bills Nos. 79, 429, 726, 920, 1309, 1353, 1935, 2026, 2063, 2065, 2066, 2080,2155, 2157 and 2206; and Senate Joint Resolutions Nos. 58 and 319; and find same correctlyengrossed and ready for transmission to the House.



MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefullyexamined Senate Joint Resolutions Nos. 257, 258, 260, 261, 262, 265 and 266; and find samecorrectly engrossed and ready for transmission to the House.



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MR. SPEAKER: I am directed to transmit to the Senate, House Bill No. 15, passed by theHouse.



MR. SPEAKER: I am directed to transmit to the Senate, House Bills Nos. 123, 368, 546,1471, 1474, 1574, 1776, 2076, 2241, 2266 and 2268; passed by the House.



MR. SPEAKER: I am directed to transmit to the Senate, House Bill No. 2049, passed by theHouse.



MR. SPEAKER: I am directed to transmit to the Senate, House Joint Resolution No. 269,

adopted, for the Senate's action.BURNEY T. DURHAM,

Chief Clerk.


MR. SPEAKER: I am directed to transmit to the Senate, House Joint Resolutions Nos. 83,347, 348, 349, 350, 351, 352, 356, 357, 358, 359, 360, 361 and 362; adopted, for the Senate'saction.



MR. SPEAKER: I am directed to return to the Senate, Senate Bills Nos. 57, 494, 728, 1188,1758 and 2218; substituted for House Bills on same subjects and passed by the House.



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MR. SPEAKER: I am directed to return to the Senate, Senate Bills Nos. 1187 and 1999,substituted for House Bills on same subjects and passed by the House.



MR. SPEAKER: I am directed to return to the Senate, Senate Joint Resolution No. 202,concurred in by the House.



MR. SPEAKER: I am directed to return to the Senate, Senate Joint Resolutions Nos. 295and 296, concurred in by the House.


MESSAGE FROM THE HOUSE

April 16, 2007

MR. SPEAKER: I am directed to return to the Senate, Senate Joint Resolutions Nos. 203,204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223,224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 238, 239, 240, 241, 242, 243, 244, 245,246, 249, 250, 252, 253, 254, 255, 256, 297 and 298; concurred in by the House.


ENROLLED BILLS

April 17, 2007

MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefullycompared Senate Bills Nos. 57, 494, 728, 1187, 1188, 1758, 1999 and 2218; and find samecorrectly enrolled and ready for the signatures of the Speakers.



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ENROLLED BILLSApril 17, 2007

MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefullycompared Senate Joint Resolution No. 202, and find same correctly enrolled and ready for thesignatures of the Speakers.


ENROLLED BILLSApril 17, 2007

MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefullycompared Senate Resolution No. 31, and find same correctly enrolled and ready for the signature ofthe Speaker.



MR. SPEAKER: I am directed to transmit to the Senate, House Bills Nos. 225, 2373, 2374and 2375; for the signature of the Speaker.


MESSAGE FROM THE HOUSE

April 16, 2007

MR. SPEAKER: I am directed to transmit to the Senate, House Joint Resolutions Nos. 118,269, 325, 326, 327, 328, 331, 332, 334, 335, 338, 339, 340, 341 and 355; for the signature of theSpeaker.


SIGNEDApril 16, 2007

The Speaker announced that he had signed the following: Senate Bills Nos. 127, 470, 522,1106, 1726, 1963, 1965 and 2058.


The Speaker announced that he had signed the following: Senate Joint Resolutions Nos.193, 196, 197, 200, 201 and 259.


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The Speaker announced that he had signed the following: Senate Bills Nos. 57, 494, 728,1187, 1188, 1758, 1999 and 2218.


The Speaker announced that he had signed the following: Senate Joint Resolution No. 202.


The Speaker announced that he had signed the following: Senate Resolution No. 31.


The Speaker announced that he had signed the following: House Bills Nos. 225, 2373, 2374and 2375.


The Speaker announced that he had signed the following: House Joint Resolutions Nos. 118,269, 325, 326, 327, 328, 331, 332, 334, 335, 338, 339, 340, 341 and 355.


MR. SPEAKER: I am directed to return to the Senate, Senate Bills Nos. 127, 470, 522,1106, 1726, 1963, 1965 and 2058; signed by the Speaker.



MR. SPEAKER: I am directed to return to the Senate, Senate Joint Resolutions Nos. 193,196, 197, 200, 201 and 259; signed by the Speaker.

BURNEY T. DURHAM,

Chief Clerk.


MR. SPEAKER: I am directed to return to the Senate, Senate Joint Resolution No. 202,signed by the Speaker.



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REPORT OF CHIEF ENGROSSING CLERKApril 16, 2007

MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have transmittedto the Governor the following: Senate Joint Resolutions Nos. 193, 196, 197, 200, 201 and 259; forhis action.



MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have transmittedto the Governor the following: Senate Bills Nos. 127, 470, 522, 1106, 1726, 1963, 1965 and 2058;for his action.



MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have transmittedto the Governor the following: Senate Joint Resolution No. 202, for his action.


MESSAGE FROM THE GOVERNORApril 17, 2007

MR. SPEAKER: I am directed by the Governor to return herewith: Senate Bills Nos. 189,334, 767, 2181, 2197 and 2233; with his approval.

STEVEN E. ELKINS,Counsel to the Governor.

MESSAGE FROM THE GOVERNORApril 17, 2007

MR. SPEAKER: I am directed by the Governor to return herewith: Senate Bills Nos. 263and 266; and Senate Joint Resolutions Nos. 193, 196, 197, 200, 201, 202 and 259; with hisapproval.

STEVEN E. ELKINS,Counsel to the Governor.

REPORT OF COMMITTEE ON CALENDARCONSENT CALENDAR

MR. SPEAKER: Your Committee on Calendar begs leave to report that we have met and setthe following bills on the calendar for Thursday, April 19, 2007: House Joint Resolution No. 342; and


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Senate Joint Resolutions Nos. 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281,282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 300, 301, 302, 303, 304, 305, 306,307, 308, 309, 310, 311 and 312.

This the 17th day of April, 2007.RAYMOND FINNEY, Chairperson.

REPORT OF COMMITTEE ON CALENDAR

MR. SPEAKER: Your Committee on Calendar begs leave to report that we have met and setthe following bills on the calendar for Thursday, April 19, 2007: Senate Bills Nos. 268, 504, 593,644, 1158, 1294, 1610, 1938, 2061 and 2182; House Joint Resolution No. 106; Senate Bills Nos. 4,519, 630, 971, 1166, 1703, 1780, 1870 and 2318; House Bill No. 1779; Senate Joint Resolution No.46; and Senate Bills Nos. 274, 422, 735, 923, 996, 1017, 1196, 1264, 1714, 2196, 892, 2056 and2270.


REPORT OF COMMITTEE ON CALENDARSENATE MESSAGE CALENDAR

Pursuant to Rule 44, notice has been given on the following bills and they have been set onthe Message Calendar for Thursday, April 19, 2007: Senate Bills Nos. 1226, 467, 78, 83, 77, 76,700, 1631, 1632, 2031 and 2263.


ADJOURNMENT

Senator Norris moved the Senate adjourn until 9:00 a.m., Thursday, April 19, 2007, whichmotion prevailed.

Russell Humphreys Rules

Documents

Transcript of Russell Humphreys Rules