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 Methodist Church 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, Woodson and Mr. Speaker Ramsey--30. COMMUNICATIONS April 16, 2007 Lt. Governor Ron Ramsey Speaker of the Senate 1 Legislative Plaza Nashville, 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 April 16, 2007 due to medical reasons. Thank you for your consideration. Sincerely, /s/ Senator Ophelia E. Ford Shelby County, Tennessee APPROVED: Lieutenant Governor Ron Ramsey

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MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY MEMORANDUM TO: FROM: DATE: RE: Lt. Governor Ron Ramsey Senator Reginald Tate April 16, 2007 Excused From Session

I am requesting permission to be excused from Session Monday, April 16th, because I missed my 2:40 p.m. flight and the next schedule flight to Nashville on Northwest Airlines will not leave until 7:30 p.m. Your consideration to this matter will be greatly appreciated. APPROVED: Lieutenant Governor Ron Ramsey MOTION Senator Norris moved that pursuant to Rule 32 and Article II, Section 18 of the Constitution of 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 first consideration: Senate Bill No. 2368 by Senator Finney (Blount). Alcoa -- Subject to local approval, rewrites charter relative to the establishment of monetary limits for competitive 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 Constitution of 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 and passed first consideration: House Bill No. 15 -- Education, Higher -- Adds new combat activity under which dependent children or spouses of POWs or deceased veterans may qualify for higher education tuition and fee waiver; revises the maximum number of hours for which a waiver may be granted; requires notice of

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MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY the waiver program to be published in institutional catalogs and class schedules. Amends TCA Section 49-7-102. House Bill No. 80 -- Highways, Roads and Bridges -- Requires the Department of Transportation to provide written notice to the Speakers of the House and Senate at least 10 days prior 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 for regional bar associations to bring legal action to stop unauthorized practice of law from 100,000 to 75,000. Amends TCA Title 23, Chapter 3, Part 1. House Bill No. 158 -- Municipal Government -- Authorizes, subject to adoption of an ordinance by a two-thirds vote of the city council, property rights voting in municipal elections in Spring 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 Title 4, 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 TCA Section 2-5-208. House Bill No. 749 -- Motor Vehicles -- Authorizes licensed dealers to sell camping trailers and travel trailers at up to six motor vehicle commission-permitted shows per year. Amends TCA Title 55, Chapter 17. House Bill No. 1187 -- Zoning -- Creates exemption for Nashville from zoning that allows business to cease operation for up to 30 months and avoid imposed zoning change by removing such 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 management agency to carry handguns pursuant to written directive. Amends TCA Section 39-17-1315. House Bill No. 2049 -- Physicians and Surgeons -- Allows an organization that sponsors volunteer health care services to file reports concerning the physicians providing such volunteer services on a quarterly basis and to maintain confirmation of licensure of such physicians as provided 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. House Bill No. 2231 -- Real Estate Agents and Brokers -- Modifies provisions governing record retention by a licensed or certified real estate appraiser; removes provision for a transitional license 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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MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY House Bill No. 2377 -- Brownsville -- Subject to local approval, removes qualification from charter that City Clerk must be a resident of Brownsville; removes requirement from charter that property owners must maintain sidewalks. Amends Chapter 124 of the Private Acts of 1994. House Bill No. 2379 -- School Districts, Special -- Increases the aggregate principal amount of 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 Constitution of the State of Tennessee, Senate Bills Nos. 2366 and 2367 be passed on second consideration and 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. 313 through 320; and Senate Resolution No. 34 be passed on first consideration and lie over, which motion prevailed. INTRODUCTION OF RESOLUTIONS The Speaker announced that the following resolutions were filed for introduction. Pursuant to Rule 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 Christian Academy. 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. 879

MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY Senate Joint Resolution No. 318 by Senators McNally, Kilby, Woodson, Burchett and Williams. Memorials, Professional Achievement -- Dr. Jeffrey Wadsworth, Executive Vice President at Battelle. Senate Joint Resolution No. 319 by Senators Haynes, Burchett, Woodson, Tracy and Williams. 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 the chronic 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, 345 and 355; Senate Joint Resolutions Nos. 267 through 296 and 299 through 312; and Senate Resolutions Nos. 32 and 33 be passed on second consideration and referred to the appropriate committees or held on the Clerk's desk, which motion prevailed. RESOLUTIONS LYING OVER The Speaker announced that the following resolutions passed second consideration and were 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 Committee on Calendar. House Joint Resolution No. 345 -- Memorials, Recognition -- Dr. Juanita Sims Doty. The Speaker announced that he had referred House Joint Resolution No. 345 to Committee on Calendar. House Joint Resolution No. 355 -- Memorials, Recognition -- Maryville Kiwanis Club. The Speaker announced that he had referred House Joint Resolution No. 355 to Committee on Calendar. 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 Committee on State and Local Government. Senate Joint Resolution No. 268 -- Naming and Designating -- "Police Memorial Day", May 15, 2007, "Police Memorial Week", May 14-20, 2007.

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MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY The Speaker announced that he had referred Senate Joint Resolution No. 268 to Committee on State and Local Government. Senate Joint Resolution No. 269 -- Memorials, Academic Achievement -- Christian Nicole Butler, Co-Salutatorian, Raleigh-Egypt High School. The Speaker announced that he had referred Senate Joint Resolution No. 269 to Committee on Calendar. Senate Joint Resolution No. 270 -- Memorials, Academic Achievement -- Markale Loggins, Valedictorian, Raleigh-Egypt High School. The Speaker announced that he had referred Senate Joint Resolution No. 270 to Committee on Calendar. Senate Joint Resolution No. 271 -- Memorials, Academic Achievement -- Quishandrea Richards, Co-Salutatorian, Raleigh-Egypt High School. The Speaker announced that he had referred Senate Joint Resolution No. 271 to Committee on Calendar. Senate Joint Resolution No. 272 -- Memorials, Recognition -- Iris B. Vest Widows Ministry. The Speaker announced that he had referred Senate Joint Resolution No. 272 to Committee on Calendar. Senate Joint Resolution No. 273 -- Memorials, Personal Achievement -- Matthew Derek Brown, Eagle Scout. The Speaker announced that he had referred Senate Joint Resolution No. 273 to Committee on Calendar. Senate Joint Resolution No. 274 -- Memorials, Death -- John R. Crockett, Jr. The Speaker announced that he had referred Senate Joint Resolution No. 274 to Committee on Calendar. 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. The Speaker announced that he had referred Senate Joint Resolution No. 276 to Committee on Calendar. Senate Joint Resolution No. 277 -- Memorials, Recognition -- JAYS (Jaycees Against Youth Smoking). 881

MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY The Speaker announced that he had referred Senate Joint Resolution No. 277 to Committee on Calendar. Senate Joint Resolution No. 278 -- Memorials, Academic Achievement -- Jenny Faenza, Salutatorian, Springfield High School. The Speaker announced that he had referred Senate Joint Resolution No. 278 to Committee on Calendar. Senate Joint Resolution No. 279 -- Memorials, Academic Achievement -- Michael Lamb, Valedictorian, Springfield High School. The Speaker announced that he had referred Senate Joint Resolution No. 279 to Committee on Calendar. Senate Joint Resolution No. 280 -- Memorials, Academic Achievement -- Stephanie Claire Huffine, Salutatorian, Greenbrier High School. The Speaker announced that he had referred Senate Joint Resolution No. 280 to Committee on Calendar. Senate Joint Resolution No. 281 -- Memorials, Academic Achievement -- Taffeta Chime O'Neal, Valedictorian, Greenbrier High School. The Speaker announced that he had referred Senate Joint Resolution No. 281 to Committee on Calendar. Senate Joint Resolution No. 282 -- Memorials, Academic Achievement -- Lauren Cassidy Fahey, Salutatorian, Beech High School. The Speaker announced that he had referred Senate Joint Resolution No. 282 to Committee on Calendar. Senate Joint Resolution No. 283 -- Memorials, Academic Achievement -- Leigh Katherine Andrews, Salutatorian, Beech High School. The Speaker announced that he had referred Senate Joint Resolution No. 283 to Committee on Calendar. Senate Joint Resolution No. 284 -- Memorials, Academic Achievement -- Jennifer Lane Greene, Salutatorian, Beech High School. The Speaker announced that he had referred Senate Joint Resolution No. 284 to Committee on Calendar. Senate Joint Resolution No. 285 -- Memorials, Academic Achievement -- Lauren Elizabeth Word, Valedictorian, Beech High School. The Speaker announced that he had referred Senate Joint Resolution No. 285 to Committee on Calendar.

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MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY Senate Joint Resolution No. 286 -- Memorials, Academic Achievement -- Brittney Nicole Hanley, Valedictorian, Station Camp High School. The Speaker announced that he had referred Senate Joint Resolution No. 286 to Committee on Calendar. Senate Joint Resolution No. 287 -- Memorials, Academic Achievement -- Heather Ione Blaisdell, Salutatorian, Station Camp High School. The Speaker announced that he had referred Senate Joint Resolution No. 287 to Committee on Calendar. Senate Joint Resolution No. 288 -- Memorials, Academic Achievement -- Sara Elizabeth Rupe, Valedictorian, Westmoreland High School. The Speaker announced that he had referred Senate Joint Resolution No. 288 to Committee on Calendar. Senate Joint Resolution No. 289 -- Memorials, Academic Achievement -- Daniel Hinson, Valedictorian, East Robertson High School. The Speaker announced that he had referred Senate Joint Resolution No. 289 to Committee on Calendar. Senate Joint Resolution No. 290 -- Memorials, Academic Achievement -- Lindsey Austin, Salutatorian, East Robertson High School. The Speaker announced that he had referred Senate Joint Resolution No. 290 to Committee on Calendar. Senate Joint Resolution No. 291 -- Memorials, Academic Achievement -- Steven Earl Wright, Jr., Salutatorian, Westmoreland High School. The Speaker announced that he had referred Senate Joint Resolution No. 291 to Committee on Calendar. Senate Joint Resolution No. 292 -- Memorials, Academic Achievement -- Thomas Bradshaw, Valedictorian, East Robertson High School. The Speaker announced that he had referred Senate Joint Resolution No. 292 to Committee on Calendar. Senate Joint Resolution No. 293 -- Memorials, Sports -- Hendersonville High School Golden Girls Dance Team, TSSAA State Champions in Hip Hop and Pom. The Speaker announced that he had referred Senate Joint Resolution No. 293 to Committee on Calendar. Senate Joint Resolution No. 294 -- Memorials, Recognition -- Second Brigade, Sixteenth Division of the National Defense Force.

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MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY The Speaker announced that he had referred Senate Joint Resolution No. 294 to Committee on Calendar. Senate Joint Resolution No. 295 -- Memorials, Academic Achievement -- Amber Spry, Salutatorian, Cannon County High School. The Speaker announced that he had referred Senate Joint Resolution No. 295 to Committee on Calendar. Senate Joint Resolution No. 296 -- Memorials, Academic Achievement -- Jemma Kailiponi, Valedictorian, Cannon County High School. The Speaker announced that he had referred Senate Joint Resolution No. 296 to Committee on Calendar. Senate Joint Resolution No. 299 -- Naming and Designating -- "National Marina Day", August 11, 2007. The Speaker announced that he had referred Senate Joint Resolution No. 299 to Committee on State and Local Government. Senate Joint Resolution No. 300 -- Memorials, Recognition -- UTC Political Science State and Local Government Class students and Professor Dr. Jean Howard-Hill. The Speaker announced that he had referred Senate Joint Resolution No. 300 to Committee on Calendar. Senate Joint Resolution No. 301 -- Memorials, Public Service -- Sarah Hart, Prudential Spirit of Community Award. The Speaker announced that he had referred Senate Joint Resolution No. 301 to Committee on Calendar. Senate Joint Resolution No. 302 -- Memorials, Academic Achievement -- Brittany Justice, Valedictorian, Gallatin High School. The Speaker announced that he had referred Senate Joint Resolution No. 302 to Committee on Calendar. Senate Joint Resolution No. 303 -- Memorials, Academic Achievement -- Samantha Chandler, Salutatorian, Gallatin High School. The Speaker announced that he had referred Senate Joint Resolution No. 303 to Committee on Calendar. Senate Joint Resolution No. 304 -- Memorials, Academic Achievement -- Jonathon Brewer, Valedictorian, Portland High School. The Speaker announced that he had referred Senate Joint Resolution No. 304 to Committee on Calendar.

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MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY Senate Joint Resolution No. 305 -- Memorials, Academic Achievement -- Rachel Collins, Valedictorian, Portland High School. The Speaker announced that he had referred Senate Joint Resolution No. 305 to Committee on Calendar. Senate Joint Resolution No. 306 -- Memorials, Academic Achievement -- Jenna Mincavage, Valedictorian, Portland High School. The Speaker announced that he had referred Senate Joint Resolution No. 306 to Committee on Calendar. Senate Joint Resolution No. 307 -- Memorials, Academic Achievement -- Whitney Turner, Valedictorian, Portland High School. The Speaker announced that he had referred Senate Joint Resolution No. 307 to Committee on Calendar. Senate Joint Resolution No. 308 -- Memorials, Academic Achievement -- Matthew Groves, Salutatorian, Portland High School. The Speaker announced that he had referred Senate Joint Resolution No. 308 to Committee on Calendar. Senate Joint Resolution No. 309 -- Memorials, Academic Achievement -- Amy Collette Gagliano, Valedictorian, South Haven Christian School. The Speaker announced that he had referred Senate Joint Resolution No. 309 to Committee on Calendar. Senate Joint Resolution No. 310 -- Memorials, Academic Achievement -- Brittney Wix, Valedictorian, Portland High School. The Speaker announced that he had referred Senate Joint Resolution No. 310 to Committee on Calendar. Senate Joint Resolution No. 311 -- Memorials, Academic Achievement -- Rebecca Shields, Salutatorian, Portland High School. The Speaker announced that he had referred Senate Joint Resolution No. 311 to Committee on Calendar. Senate Joint Resolution No. 312 -- Memorials, Academic Achievement -- Matthew Steven Buck, Salutatorian, South Haven Christian School. The Speaker announced that he had referred Senate Joint Resolution No. 312 to Committee on Calendar. Senate Resolution No. 32 -- Memorials, Congress -- Urges replacement of Fast Track Trade Authority system.

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MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY The Speaker announced that he had referred Senate Resolution No. 32 to Committee on Finance, 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 on Judiciary. MOTION TO AMEND THE RULES Senator Norris moved that the Report of the Committee on Rules be adopted and the Temporary 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 following recommendation for amendment to the Rules of Order for the Senate for the One Hundred Fifth General Assembly. The Temporary Rules of Order for the Senate of the 105th General Assembly be amended to include as Rule 70 the following: 70. ALTER OR AMEND RULES. The rules of the Senate may be altered or amended by a two-thirds (2/3) vote of the membership. Motions to amend the rules shall be referred by the Speaker to the Committee on Rules. Senator Mark Norris Chairman, Committee on Rules April 12, 2007 Senator Kyle moved that the adoption of the Report of the Committee on Rules be deferred until Monday, April 23, 2007, which motion failed by the following vote: Ayes . . . . . . . . . . . . . . 14 Noes . . . . . . . . . . . . . . 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 motion prevailed by the following vote: Ayes . . . . . . . . . . . . . . 16 Noes . . . . . . . . . . . . . . 13 Present, not voting . . . 1 886

MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY Senators voting aye were: Beavers, Black, Bunch, Burchett, Crowe, Finney (Blount), Johnson, Ketron, McNally, Norris, Southerland, Stanley, Tracy, Watson, Woodson and Mr. Speaker Ramsey--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 adopting the Report of the Committee on Rules, which motion failed by the following vote: Ayes . . . . . . . . . . . . . . 16 Noes . . . . . . . . . . . . . . 13 Present, 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. Speaker Ramsey--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 Ramsey Lieutenant Governor and Speaker of the Senate Legislative Plaza, Suite 1 Nashville, 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 all rulings by the Speaker on Points of Order. The Clerk or any member may request that the 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 the Temporary Rules of Order of the Senate for the 105th General Assembly:

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MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY Senator Kyle moved that the Temporary Rules of Order for the Senate of the One Hundred Fourth General Assembly, excluding Rule 70, be made the Temporary Rules of Order for the Senate of the One Hundred Fifth General Assembly, which motion prevailed by the following vote: Ayes . . . . . . . . . . . . . . 32 Noes . . . . . . . . . . . . . . 0 (Emphasis added.) Senate Journal of the Organizational and First Regular Session, 105th General Assembly, Page 5. The omitted rule, Rule 70 of the Temporary Rules of Order of the Senate of the 104th General Assembly, stated the following: 70. ALTER OR AMEND RULES. The rules of the Senate may be altered or amended by a two-thirds (2/3) vote of the membership. Motions to amend the rules shall be referred by the Speaker to the Committee on Rules. On April 12, 2007, Senator Norris submitted a Report of the Committee on Rules recommending adoption of the former Senate Rule 70. On April 16, 2007, Senator Norris moved to adopt the Report of the Committee on Rules and amend the Temporary Rules of Order of the 105th General Assembly to include Rule 70. The Speaker 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 thereafter withdrew his motion. The motion to reconsider, which is always in order, was thereupon placed upon the 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 to carry the proposition before the body is correct and is supported by all relevant authority and precedent. As a preliminary matter, because of the removal of Senate Rule 70, there is not guidance in the Temporary Rules of Order as to the requirement to amend or alter the rules. However, a requirement of a two-thirds vote to amend or alter the Senate Rules of Order has been in the rules dating 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 Senate since 1979. Senate Journal of the Organizational and First Regular Session, 91st General Assembly, Page 216. Absent authority in the Rules of Order, Senate Rule 71 requires that Mason's Manual of Legislative Procedure shall govern the Senate. Mason's Manual of Legislative Procedure Section 4 (2) lists, aside from Mason’s itself, the authoritative sources of precedents shall include the state constitution, any adopted rules of the body and the custom, usage and precedents of the body.

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MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY A. No Constitutional Provisions Exist Regarding the Required Vote to Amend the Senate Rules of Order.

The Constitution of the State of Tennessee provides that each body shall determine own its rules of proceedings. Constitution of the State of Tennessee, Article II, Section 12. It does not specifically 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 and passed on three different days in each House and on third and final consideration has received the assent of a majority of all the members to which each House is entitled under this Constitution… Article XI, Section 3. …Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives, and if the same shall be agreed to 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 guidance to the required vote to adopt an amendment to the rules of order. Therefore, the Senate must rely on Mason’s, custom, usage and precedents and the adopted rules. B. Mason's Manual of Legislative Procedure Clearly Requires a Majority of the Members Present and Voting.

According to Mason's Manual of Legislative Procedure, when both the rules and constitution are silent as to the majority required for a proposition to prevail, the default rule is that a majority of the 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 a proposition unless a larger vote is required by a constitution, charter, or controlling provision of law. Members present but not voting are disregarded in determining whether an action carried. 2. Where a majority or other proportion of votes is required without specifying whether the vote refers to the entire membership or to the members present, or to the member present and voting, the general rule is the proportion refers to the number 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 of law-making power is not stopped by mere silence and inaction of some who are present but do not vote. (Emphasis Added.) Additionally, Mason's Manual of Legislative Procedure Section 407 clearly addresses a motion to amend the Senate’s rules. It states that a majority vote is all that is required to amend the rules unless a higher vote is stated in the adopted rules of the body. The text of the rule is below:

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MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY Section 407. Amendment of Rules The amendment of rules often requires notice and a two-thirds vote, and there are sometimes other or further restrictions than on the amendment of bills, resolutions or motions. The procedure for the amendment of the rules of a house is usually provided in 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 was not previously adopted, these statements of parliamentary law, read together or separately, require a vote of a majority of the members present and voting for an amendment to the rules to prevail. This is in accord with the Speaker’s ruling on this matter.

C.

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

The Senate has, in prior practice, adopted amendments to the Temporary Rules of order with a majority of those present and voting. In 1997, Senator Gilbert moved to amend Senate Rule 85, which motion was adopted by the Senate on by a vote of Ayes 16, Noes 15. See attached: Senate Journal of the 100th General Assembly, Page 1232 and 1233. The 1997 action mirrors the current issue in question. The current ruling is in keeping with the tradition of the Senate. This and other precedents affirm the Speaker’s ruling and reflect continuity in the Senate parliamentary procedure. D. The Temporary Rules of Order Support the Ruling. The current Temporary Rules of Order are consistent with the Speaker’s ruling. Senate rule 18 allows the body to determine its own rules with a majority of those present and voting. 18. APPEALS ON RULINGS. Any member of the Senate may appeal to the Senate from a ruling of the Speaker. A majority vote of the members present, and registering on 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 body contends that the Speaker has erred in interpretation of a rule of the Senate, they can correct his ruling with a majority of the members present and voting. This is, in effect, setting the rules of the Senate. This precedent allows for an efficient and effective avenue for altering, amending and establishing 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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MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY forms in modern parliamentary practice. The first of these is the traditional form which deferred consideration of main questions until a later time. Under this approach, a bill is retained on the clerk’s 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 is adopted by the Tennessee Senate. According to House Practice, U.S. Government Printing Office 2003: The action of the House in adopting the motion to table a proposition is the equivalent of a final adverse disposition thereof, and does not merely represent a refusal to consider it. Mason’s Manual section 337 recognizes this trend of adopting the dispositional form, validating the Senate’s practice of adopting a determinative (or final) action with a majority of the membership voting. These rules of the body are clear and fully support the basis of the ruling. CONCLUSION Mason’s Manual, prior Senate precedent, and the current Senate rules, affirm, that a majority vote of the members present and voting was the correct vote necessary for the motion to amend the rules to prevail. The Speaker’s 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. Humphrey Chief Clerk of the Senate NOTICES Pursuant to Rule 44, notice was given that the following bills were returned from the House of Representatives amended. Under the rule, the bills lie over. MESSAGE FROM THE HOUSE April 16, 2007 MR. SPEAKER: I am directed to return to the Senate, Senate Bill No. 1631, substituted for House Bill on same subject, amended, and passed by the House. BURNEY T. DURHAM, Chief Clerk.

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MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY MESSAGE FROM THE HOUSE April 16, 2007 MR. SPEAKER: I am directed to return to the Senate, Senate Bill No. 1632, substituted for House Bill on same subject, amended, and passed by the House. BURNEY T. DURHAM, Chief Clerk. MESSAGE FROM THE HOUSE April 16, 2007 MR. SPEAKER: I am directed to return to the Senate, Senate Bill No. 2263, substituted for House Bill on same subject, amended, and passed by the House. BURNEY T. DURHAM, Chief Clerk. MESSAGE FROM THE HOUSE April 16, 2007 MR. SPEAKER: I am directed to return to the Senate, Senate Bill No. 2031, substituted for House Bill on same subject, amended, and passed by the House. BURNEY T. DURHAM, Chief Clerk. 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 consideration of 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 Bill No. 912 on the calendar for the Committee on State and Local Government for Tuesday, April 17, 2007, which motion prevailed.

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MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY MOTION Senator Haynes moved that Rule 37 be suspended for the immediate consideration of Senate Joint Resolution No. 319, out of order, which motion prevailed. RESOLUTION LYING OVER Senate Joint Resolution No. 319 -- Memorials, Recognition -- Candace Parker. On motion of Senator Haynes, the rules were suspended for the immediate consideration of the resolution. On motion, Senate Joint Resolution No. 319 was adopted. A motion to reconsider was tabled. MOTION Senator Finney (Blount) moved that Rule 37 be suspended for the immediate consideration of House Joint Resolution No. 355, out of order, which motion prevailed. RESOLUTION LYING OVER House Joint Resolution No. 355 -- Memorials, Recognition -- Maryville Kiwanis Club. On motion of Senator Finney (Blount), the rules were suspended for the immediate consideration of the resolution. On motion, House Joint Resolution No. 355 was concurred in. A motion to reconsider was tabled. MOTION Senator Beavers moved that Rule 37 be suspended for the immediate consideration of Senate Joint Resolution No. 295, out of order, which motion prevailed. RESOLUTION LYING OVER 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 of the resolution. On motion, Senate Joint Resolution No. 295 was adopted. A motion to reconsider was tabled.

893

MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY MOTION Senator Beavers moved that Rule 37 be suspended for the immediate consideration of Senate Joint Resolution No. 296, out of order, which motion prevailed. RESOLUTION LYING OVER 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 of the resolution. On motion, Senate Joint Resolution No. 296 was adopted. A motion to reconsider was tabled. CONSENT CALENDAR NO.1 House Joint Resolution No. 325 -- Memorials, Personal Occasion -- Clifton J. Melton, 75th birthday. House Joint Resolution No. 326 -- Memorials, Congratulations -- Whitney Nichols, 2007 Mule Day Queen. House Joint Resolution No. 327 -- Memorials, Personal Achievement -- Austin Garrett Evans, 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 Outstanding Player, NCAA Men's Basketball Tournament. House Joint Resolution No. 335 -- Memorials, Sports -- Lambuth University women's basketball 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.

894

MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY 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 One Missionary Baptist Church. Senate Joint Resolution No. 260 -- Memorials, Recognition -- Tennessee Tech University, 2008 Mini Baja Competition. Senate Joint Resolution No. 261 -- Memorials, Recognition -- Tennessee Technological University, "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 Rose Waits, Salutatorian, Craigmont High School. Senate Joint Resolution No. 266 -- Memorials, Academic Achievement -- Cherilyn VyVy Tran, Valedictorian, Craigmont High School. Senate Resolution No. 31 -- Memorials, Sports -- University of Tennessee Rugby football club. Senator Finney (Blount) moved that all Senate Joint Resolutions and Senate Resolutions be adopted; and all House Joint Resolutions be concurred in, which motion prevailed by the following vote: Ayes . . . . . . . . . . . . . . 29 Noes . . . . . . . . . . . . . . 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. A motion to reconsider was tabled. CONSENT CALENDAR NO.2 Objections having been raised, the following bills were placed at the heel of the calendar for Thursday, 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 dependent children or spouses of POWs or deceased veterans may qualify for higher education tuition and fee waiver; revises the maximum number of hours for which a waiver may be granted; requires notice of the waiver program to be published in institutional catalogs and class schedules. Amends TCA Section 49-7-102. On motion, Senate Bill No. 65 was made to conform with House Bill No. 15.

895

MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY 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 new specialty earmarked license plates; and allocates 50 percent of funds derived from sale and renewal thereof to Department of Tourist Development for tourism promotion. Amends TCA Title 55, Chapter 4. Senate Bill No. 90 -- Special License Plates -- Authorizes trauma nurses in emergency rooms and trauma centers to receive emergency license plates upon payment of all applicable fees for such license plates. Amends TCA Title 55, Chapter 4. On motion, Senate Bill No. 90 was made to conform with House Bill No. 215. On motion, House Bill No. 215, on same subject, was substituted for Senate Bill No. 90. Senate Bill No. 421 -- Game and Fish Laws -- Requires property declared contraband to be destroyed or delivered to the Commissioner of General Services and sold in the same manner as surplus property instead of destroyed or advertised and sold at the courthouse of the county where the property was seized. Amends TCA Section 70-6-201. On motion, Senate Bill No. 421 was made to conform with House Bill No. 1157. On motion, House Bill No. 1157, on same subject, was substituted for Senate Bill No. 421. Senate Bill No. 429 -- Criminal Offenses -- Expands and clarifies the offense of trespass on or unlawful entry in an airport or aircraft or secure areas of the air operations areas. Amends TCA Section 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 executive director of TWRA pursuant to rules promulgated by the Wildlife Resources Commission; proceeds of the 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 critical incident counseling to county and municipal corrections officers and dispatchers as confidential for purposes of Open Records Law. Amends TCA Section 10-7-504. Senate Bill No. 1210 -- Physicians and Surgeons -- Allows an organization that sponsors volunteer health care services to file reports concerning the physicians providing such volunteer services on a quarterly basis and to maintain confirmation of licensure of such physicians as provided 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. On motion, Senate Bill No. 1210 was made to conform with House Bill No. 2049. On motion, House Bill No. 2049, on same subject, was substituted for Senate Bill No. 1210. Senate Bill No. 1309 -- Taxes, Ad Valorem -- Permits taxpayers and owners of commercial and industrial property in Hamilton County to appeal valuation of such property directly to the state 896

MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY board of equalization with the written consent of the assessor of property. Amends TCA Section 675-1412. Senate Bill No. 1353 -- General Assembly -- Requires mass mailings sent by member of the general assembly to persons within the member's district within 30 days of an election to be paid from 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 public nuisances before notice and hearing is afforded defendant under certain circumstances. Amends TCA Title 29. Senate Bill No. 1942 -- County Government -- Permits Hardeman County, by two-thirds vote of county legislative body, or any municipality in that county, to adopt the child curfew law for use in that county or municipality; presently only Shelby County has this authority. Amends TCA Title 39, Chapter 17, Part 17. On motion, Senate Bill No. 1942 was made to conform with House Bill No. 1506. On motion, House Bill No. 1506, on same subject, was substituted for Senate Bill No. 1942. Senate Bill No. 2012 -- Election Laws -- Moves date for presidential preference primary from second Tuesday in February to first Tuesday in February. Amends TCA Section 2-13-205 and Section 2-5-205. On motion, Senate Bill No. 2012 was made to conform with House Bill No. 2211. On motion, House Bill No. 2211, on same subject, was substituted for Senate Bill No. 2012. Senate Bill No. 2026 -- Special License Plates -- Authorizes issuance of Franklin Historic District 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 the Assessment Appeals Commission from $75.00 to $95.00 for each day or part of a day in attendance at meetings of the Assessment Appeals Commission. Amends TCA Section 67-5-1502. Senate Bill No. 2065 -- Equalization Board -- Changes provisions regarding when the state board will accept an appeal from the taxpayer to specify that the appeal will be accepted up to March 1 of "the year in which the time for appeal to the state board has began to run" instead of "the year 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 delinquent date of the tax and that no delinquent taxes have accrued on the property, that failure to pay the undisputed portion of the tax or any other delinquency on the property by the time of the hearing will result 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 approval required by a county in order for property owned by a nonprofit community and performing arts organizations to be eligible for a property tax exemption as a charitable or educational use of property must be approval by a two-thirds vote. Amends TCA Title 67, Chapter 5, Part 10.

897

MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY On motion, Senate Bill No. 2067 was made to conform with House Bill No. 1461. On motion, House Bill No. 1461, on same subject, was substituted for Senate Bill No. 2067. Senate Bill No. 2080 -- Privacy, Confidentiality -- Makes confidential certain information relating 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 director of schools to be the first item on the agenda of board meeting in which contract extension is to be considered and changes the period of notice required for such action from 10 days to 15 days prior to 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 alternative education; 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 a Class 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, Chapter 14. On motion, Senate Bill No. 2179 was made to conform with House Bill No. 1811. On motion, House Bill No. 1811, on same subject, was substituted for Senate Bill No. 2179. Senate Bill No. 2206 -- Public Contracts -- Limits scope of review in appeal of state procurement process to chancery court from the review committee to the record before the review committee; limits scope of inquiry in appeals to whether review committee acted illegally or without material evidence to support its action. Amends TCA Section 12-4-109. Senate Bill No. 2234 -- Energy -- Transfers responsibility for administering state building energy management program and revolving retrofit fund from Department of General Services to Department of Finance and Administration. Amends TCA Title 4, Chapter 3. On motion, Senate Bill No. 2234 was made to conform with House Bill No. 2316. On motion, House Bill No. 2316, on same subject, was substituted for Senate Bill No. 2234. Senate Bill No. 2282 -- Criminal Offenses -- Creates misdemeanor offenses for removing from a dog an electronic or radio transmitting collar without the permission of the owner. Amends TCA Title 39, Chapter 14. On motion, Senate Bill No. 2282 was made to conform with House Bill No. 2174. On motion, House Bill No. 2174, on same subject, was substituted for Senate Bill No. 2282. House Joint Resolution No. 118 -- Naming and Designating -- "Patriot's Day", April 19, 2007. Senate Joint Resolution No. 58 -- General Assembly, Directed Studies -- Requests Department of Correction to review National Bill of Rights for Children of the Incarcerated and update 1995 report on Children and Families of Incarcerated Felons.

898

MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY Senator Finney (Blount) moved that all Senate Joint Resolutions be adopted; all House Joint Resolutions be concurred in; and all Senate Bills and House Bills be passed on third and final consideration, which motion prevailed by the following vote: Ayes . . . . . . . . . . . . . . 29 Noes . . . . . . . . . . . . . . 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. A motion to reconsider was tabled. LOCAL BILL CONSENT CALENDAR Senate Bill No. 2347 -- Cumberland Gap -- Subject to local approval, rewrites town charter. Amends Chapter 210 of the Acts of 1907; as amended. On motion, Senate Bill No. 2347 was made to conform with House Bill No. 2369. On motion, House Bill No. 2369, on same subject, was substituted for Senate Bill No. 2347. Senate Bill No. 2357 -- School Districts, Special -- Increases the aggregate principal amount of 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. On motion, Senate Bill No. 2357 was made to conform with House Bill No. 2379. On motion, House Bill No. 2379, on same subject, was substituted for Senate Bill No. 2357. Senate Bill No. 2358 -- Brownsville -- Subject to local approval, removes qualification from charter that City Clerk must be a resident of Brownsville; removes requirement from charter that property owners must maintain sidewalks. Amends Chapter 124 of the Private Acts of 1994. On motion, Senate Bill No. 2358 was made to conform with House Bill No. 2377. On motion, House Bill No. 2377, on same subject, was substituted for Senate Bill No. 2358. 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 Private Acts of 1999; as amended. On motion, Senate Bill No. 2363 was made to conform with House Bill No. 2364. On motion, House Bill No. 2364, on same subject, was substituted for Senate Bill No. 2363. Senator Finney (Blount) moved that all House Bills be passed on third and final consideration, which motion prevailed by the following vote:

899

MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY Ayes . . . . . . . . . . . . . . 30 Noes . . . . . . . . . . . . . . 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. A motion to reconsider was tabled. CALENDAR Senate Joint Resolution No. 46 -- Constitutional Amendments -- Proposes an amendment to Article XI, Section 5 of the Constitution of the State of Tennessee concerning charitable lotteries to include certain veteran organizations exempt from federal taxation and described in 26 USC 501(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 Joint Resolution No. 46 had been read. Senate Bill No. 53 -- Game and Fish Laws -- Authorizes persons with handgun carry permits to possess firearms in all public hunting areas, refuges, wildlife management areas, and national forests 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 adding the following language as new subsection (d): (d) Notwithstanding the provisions of subsection (a), a person with a handgun carry permit pursuant to § 39-17-1351 may possess a handgun the entire year while on the premises of any refuge, public hunting area, wildlife management area or, to 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 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 adding the following language as subsection (c) and by redesignating the remaining subsections accordingly: (c) Notwithstanding the provisions of subsection (b), a person with a handgun carry permit pursuant to § 39-17-1351 may possess a handgun the entire year while on the premises of any refuge, public hunting area or wildlife management area or, to

900

MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY 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 unless such 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. Senator Kilby moved to amend as follows: 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, such person is not engaged in an unauthorized act of hunting on the premises, and if such person is 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 the amendatory language of Section 2: ; provided that this subsection shall only apply if there is no scope on the handgun, such person is not engaged in an unauthorized act of hunting on the premises, and if such person is 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. On motion, Amendment No. 2 was adopted. Senator Kilby moved to amend as follows:

901

MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY AMENDMENT NO. 3 AMEND by deleting the language "In a vehicle on a public road" in the amendatory language of the bill 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 . . . . . . . . . . . . . . 30 Noes . . . . . . . . . . . . . . 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 the following vote: Ayes . . . . . . . . . . . . . . 30 Noes . . . . . . . . . . . . . . 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. A motion to reconsider was tabled. 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 photographic identification before voting; voters without proper identification shall be allowed to cast provisional ballots. 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 and substituting instead the language "this section". On motion, Amendment No. 1 was adopted. Thereupon, Senate Bill No. 227, as amended, passed its third and final consideration by the following vote: Ayes . . . . . . . . . . . . . . 18 Noes . . . . . . . . . . . . . . 10 Present, not voting . . . 1

902

MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY 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. A motion to reconsider was tabled. RECALL OF BILL On motion of Mr. Speaker Ramsey, Senate Bill No. 1503 was recalled from the Committee on Calendar. REFERRAL OF BILL Mr. Speaker Ramsey moved that Senate Bill No. 1503 be referred to the Committee on Finance, Ways and Means, which motion prevailed. MOTION On motion of Senator Johnson, his name was added as sponsor of Senate Bills Nos. 826 and 1263. On motion of Senator Crowe, his name was added as sponsor of Senate Joint Resolution No. 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 and House Joint Resolution No. 341. On motion of Senator Cooper, his name was added as sponsor of House Joint Resolution No. 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. 757 and 1550. 903

MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY 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 Joint Resolutions Nos. 106 and 118; Senate Resolution No. 31; Senate Joint Resolution No. 58; and Senate 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 Resolutions Nos. 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 Resolutions Nos. 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 Resolutions Nos. 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 Joint Resolution No. 46. On motion of Senator Burks, her name was added as sponsor of House Joint Resolutions Nos. 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 Resolutions Nos. 327 and 328. On motion of Senator Kurita, her name was added as sponsor of House Joint Resolutions Nos. 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 sponsors of 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 Bill No. 1893.

904

MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY ENGROSSED BILLS April 16, 2007 MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefully examined Senate Joint Resolution No. 295, and find same correctly engrossed and ready for transmission to the House. M. SCOTT SLOAN, Chief Engrossing Clerk. ENGROSSED BILLS April 16, 2007 MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefully examined Senate Joint Resolution No. 296, and find same correctly engrossed and ready for transmission to the House. M. SCOTT SLOAN, Chief Engrossing Clerk. ENGROSSED BILLS April 17, 2007 MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefully examined Senate Bills Nos. 53 and 227, and find same correctly engrossed and ready for transmission to the House. M. SCOTT SLOAN, Chief Engrossing Clerk. ENGROSSED BILLS April 17, 2007 MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefully examined 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 correctly engrossed and ready for transmission to the House. M. SCOTT SLOAN, Chief Engrossing Clerk. ENGROSSED BILLS April 17, 2007 MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefully examined Senate Joint Resolutions Nos. 257, 258, 260, 261, 262, 265 and 266; and find same correctly engrossed and ready for transmission to the House. M. SCOTT SLOAN, Chief Engrossing Clerk. 905

MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY MESSAGE FROM THE HOUSE April 16, 2007 MR. SPEAKER: I am directed to transmit to the Senate, House Bill No. 15, passed by the House. BURNEY T. DURHAM, Chief Clerk. MESSAGE FROM THE HOUSE April 16, 2007 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. BURNEY T. DURHAM, Chief Clerk. MESSAGE FROM THE HOUSE April 16, 2007 MR. SPEAKER: I am directed to transmit to the Senate, House Bill No. 2049, passed by the House. BURNEY T. DURHAM, Chief Clerk. MESSAGE FROM THE HOUSE April 16, 2007 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. MESSAGE FROM THE HOUSE April 16, 2007 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's action. BURNEY T. DURHAM, Chief Clerk. MESSAGE FROM THE HOUSE April 16, 2007 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. BURNEY T. DURHAM, Chief Clerk. 906

MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY MESSAGE FROM THE HOUSE April 16, 2007 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. BURNEY T. DURHAM, Chief Clerk. MESSAGE FROM THE HOUSE April 16, 2007 MR. SPEAKER: I am directed to return to the Senate, Senate Joint Resolution No. 202, concurred in by the House. BURNEY T. DURHAM, Chief Clerk. MESSAGE FROM THE HOUSE April 16, 2007 MR. SPEAKER: I am directed to return to the Senate, Senate Joint Resolutions Nos. 295 and 296, concurred in by the House. BURNEY T. DURHAM, Chief Clerk. 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. BURNEY T. DURHAM, Chief Clerk. ENROLLED BILLS April 17, 2007 MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefully compared Senate Bills Nos. 57, 494, 728, 1187, 1188, 1758, 1999 and 2218; and find same correctly enrolled and ready for the signatures of the Speakers. M. SCOTT SLOAN, Chief Engrossing Clerk.

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MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY ENROLLED BILLS April 17, 2007 MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefully compared Senate Joint Resolution No. 202, and find same correctly enrolled and ready for the signatures of the Speakers. M. SCOTT SLOAN, Chief Engrossing Clerk. ENROLLED BILLS April 17, 2007 MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have carefully compared Senate Resolution No. 31, and find same correctly enrolled and ready for the signature of the Speaker. M. SCOTT SLOAN, Chief Engrossing Clerk. MESSAGE FROM THE HOUSE April 16, 2007 MR. SPEAKER: I am directed to transmit to the Senate, House Bills Nos. 225, 2373, 2374 and 2375; for the signature of the Speaker. BURNEY T. DURHAM, Chief Clerk. 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 the Speaker. BURNEY T. DURHAM, Chief Clerk. SIGNED April 16, 2007 The Speaker announced that he had signed the following: Senate Bills Nos. 127, 470, 522, 1106, 1726, 1963, 1965 and 2058. SIGNED April 16, 2007 The Speaker announced that he had signed the following: Senate Joint Resolutions Nos. 193, 196, 197, 200, 201 and 259.

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MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY SIGNED April 17, 2007 The Speaker announced that he had signed the following: Senate Bills Nos. 57, 494, 728, 1187, 1188, 1758, 1999 and 2218. SIGNED April 17, 2007 The Speaker announced that he had signed the following: Senate Joint Resolution No. 202. SIGNED April 17, 2007 The Speaker announced that he had signed the following: Senate Resolution No. 31. SIGNED April 17, 2007 The Speaker announced that he had signed the following: House Bills Nos. 225, 2373, 2374 and 2375. SIGNED April 17, 2007 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. MESSAGE FROM THE HOUSE April 16, 2007 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. BURNEY T. DURHAM, Chief Clerk. MESSAGE FROM THE HOUSE April 16, 2007 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. MESSAGE FROM THE HOUSE April 17, 2007 MR. SPEAKER: I am directed to return to the Senate, Senate Joint Resolution No. 202, signed by the Speaker. BURNEY T. DURHAM, Chief Clerk.

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MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY REPORT OF CHIEF ENGROSSING CLERK April 16, 2007 MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have transmitted to the Governor the following: Senate Joint Resolutions Nos. 193, 196, 197, 200, 201 and 259; for his action. M. SCOTT SLOAN, Chief Engrossing Clerk. REPORT OF CHIEF ENGROSSING CLERK April 17, 2007 MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have transmitted to the Governor the following: Senate Bills Nos. 127, 470, 522, 1106, 1726, 1963, 1965 and 2058; for his action. M. SCOTT SLOAN, Chief Engrossing Clerk. REPORT OF CHIEF ENGROSSING CLERK April 17, 2007 MR. SPEAKER: Your Chief Engrossing Clerk begs leave to report that we have transmitted to the Governor the following: Senate Joint Resolution No. 202, for his action. M. SCOTT SLOAN, Chief Engrossing Clerk. MESSAGE FROM THE GOVERNOR April 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 GOVERNOR April 17, 2007 MR. SPEAKER: I am directed by the Governor to return herewith: Senate Bills Nos. 263 and 266; and Senate Joint Resolutions Nos. 193, 196, 197, 200, 201, 202 and 259; with his approval. STEVEN E. ELKINS, Counsel to the Governor. REPORT OF COMMITTEE ON CALENDAR CONSENT CALENDAR MR. SPEAKER: Your Committee on Calendar begs leave to report that we have met and set the following bills on the calendar for Thursday, April 19, 2007: House Joint Resolution No. 342; and

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MONDAY, APRIL 16, 2007 -- 30TH LEGISLATIVE DAY 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 set the 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 and 2270. This the 17th day of April, 2007. RAYMOND FINNEY, Chairperson. REPORT OF COMMITTEE ON CALENDAR SENATE MESSAGE CALENDAR Pursuant to Rule 44, notice has been given on the following bills and they have been set on the Message Calendar for Thursday, April 19, 2007: Senate Bills Nos. 1226, 467, 78, 83, 77, 76, 700, 1631, 1632, 2031 and 2263. This the 17th day of April, 2007. RAYMOND FINNEY, Chairperson. ADJOURNMENT Senator Norris moved the Senate adjourn until 9:00 a.m., Thursday, April 19, 2007, which motion prevailed.

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