March 17, 2005
For more details on bills, visit the legislative website at http://www.legislature.state.tn.us.
From Mark’s Desk
In addition to covering the Tennessee Senate this week, I traveled to Washington, D.C. on Monday to meet with United States Majority Leader William H. Frist, M.D. and discuss medical liability reform at the state and federal levels. We were joined by Dr. J. Edward Hill, President-Elect of the American Medical Association, and three physicians from Tennessee who expressed concerns about access to affordable care if reforms are not adopted soon. I continue to press for substantive reforms in Tennessee and have been impressed recently by the increasing numbers of physicians who are making their opinions known in the legislature this year. Senator Frist was a gracious host, as always, and he had the fire burning in his historic office which is the oldest room in the Capitol.
I also met with W. Douglas Buttrey, Vice Chairman of the United States Surface Transportation Board which regulates Tennessee's railroads. As the new Chairman of Senate Transportation, it was important to learn of the Commissioner's concerns about the condition of our infrastructure across this country. Freight in Tennessee is projected to increase dramatically in the near term, and it is essential that we do what is necessary to protect this important mode of transportation. I questioned TDOT Commissioner, Gerald Nicely, about some legislators' desires to transfer railroad regulation from TDOT to the Tennessee Regulatory Authority during budget hearings on Thursday. I question the wisdom of this, but it is too soon to know how this will be resolved.

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Norris to Chair Special Shelby County Subcommittee
NASHVILLE, Tenn. --- State Senator Mark Norris (R-Collierville) has been selected to chair a special subcommittee to negotiate alternatives for education funding and debt reduction in Shelby County.
Representative Joe Towns (D-Memphis), who chairs the Shelby County Legislative Delegation, announced the appointment in Nashville yesterday following a meeting with Shelby County Mayor A.C. Wharton. Also appointed were Senator Jim Kyle (D-Memphis) and Representatives Tre Hargett (R-Bartlett), Brian Kelsey (R-Germantown), Ulysses Jones (D-Memphis) and Larry Miller (D-Memphis).
Additional members representing a segment of the business community will be named by the Memphis Area Association of Realtors and the Homebuilders Association of Memphis. Both groups have been vocal in their opposition to state-wide legislation that would enable county revenue measures other than additional property or sales taxes. Senator Kyle is the sponsor of one such measure under consideration.
The subcommittee was formed during a special meeting yesterday called by Senator Curtis Person (R-Memphis) aimed at furthering negotiations.
The goal of the subcommittee is to make recommendations designed to resolve an ongoing dispute between the local governments of Memphis and Shelby County to reduce debt resulting from school funding.
“What we need is a comprehensive solution,” Norris said. “And there are more components than debt to consider: county expenses as well as revenue, existing debt as well as future needs, and most importantly, the need for special school districts in Shelby County.”
These funding dilemmas are not unique to Shelby County as many counties across Tennessee face similar challenges. Senator Bill Ketron (R-Murfreesboro) attended the meeting and commented that Rutherford County is also seeking alternative funding for school construction.
Under questioning by Norris, Mayor Wharton responded that he will give serious consideration to supporting special districts as a means of addressing the issue.
Norris and Hargett are currently sponsoring legislation to give counties the ability to convert school systems into special districts. In West Tennessee, the Memphis City and Shelby County systems could then be converted into separate districts with fixed boundaries.
"I look forward to working with all concerned to find a lasting resolution. Shelby County needs stability in education and finance,” Norris said. “I hope this group provides the guidance necessary to get there."
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Norris Sponsors “Tennessee Taxpayer and Citizen Protection Act,” Requires Proof of Citizenship to Vote
NASHVILLE, Tenn. --- State Senator Mark Norris (R-Collierville) is sponsoring legislation that would require clear proof of U.S. citizenship before casting a vote in elections.
The bill, known as the “Tennessee Taxpayer and Citizen Protection Act,” would require those seeking voting privileges to offer initial documented proof of citizenship.
“There are no real safeguards in place to restrict non-citizens from registering to vote in elections,” Norris said. “Currently, all that’s required to claim U.S. citizenship for voting purposes is checking the box on the voter form.”
The bill, SB1595, would require potential voters to submit evidence of U.S. citizenship to county election officials when applying for a voter registration card. After citizenship has been demonstrated to the administrator of elections, no future submission of documents is required to maintain voter status in that respective county’s elections.
“The goal of this bill is to protect the integrity of our elections,” Norris said. “As it stands now, election officials have no way of verifying whether or not someone should be participating in the process.”
Under this proposed legislation, the county administrator of elections could reject any application for voter registration not accompanied by evidence of United States citizenship. Satisfactory evidence would be the applicant’s birth certificate, pertinent pages of the applicant’s United States passport, United States naturalization documents or other documents or methods of proof acceptable pursuant to the Federal Immigration Reform and Control Act of 1986.
Norris, elected to his second term last year, is Chairman of the Senate Transportation Committee and represents Shelby, Tipton, Lauderdale and Dyer counties.
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Bill to Counter Methamphetamine Crisis Clears Senate
NASHVILLE, Tenn. --- The Senate today unanimously approved an administration bill designed to crack down on the manufacture of methamphetamine.
Senate Bill 2318, which attracted bipartisan sponsorship and support in the Senate, was co-sponsored by Senator Mark Norris (R-Collierville).
Senators Charlotte Burks (D-Monterey) and Randy McNally (R-Oak Ridge), lead sponsors on the bill, have been instrumental in the fight against methamphetamine production for over three years. Legislators have been seeking effective tools to help law enforcement personnel counter “meth cooks.”
This comprehensive bill, the result of an administration task force, singly accomplishes the key goals of several previous legislative proposals designed to slow down the proliferation of meth manufacturing.
“Meth production was first a scourge in our rural communities,” Norris said. “But it has rapidly accelerated into a bigger problem affecting our cities as well.”
SB 2318 cracks down on meth in a multi-pronged approach which includes prohibitions and limitations on the sale of products containing ephedrine and pseudoephedrine, the primary ingredients used to make meth. These items will be moved behind the counter in pharmacies and kept in a locked cabinet or area. Anyone buying these items must provide valid identification. Additionally, pharmacies will keep a log registering those who buy these items. No one without a prescription will be allowed to purchase more than three regular packages within a 30-day period.
The bill includes distribution of educational materials to the public about the dangers of methamphetamine manufacture, abuse and treatment. Further, it establishes a Meth Registry available on the internet of individuals possessing meth convictions.
Senator Norris passed legislation in the 103rd General Assembly assessing the costs of environmental cleanup against those convicted of manufacturing meth.
"Meth addiction is a blight on society; a cancer growing in West Tennessee. We must act decisively to protect generations of Tennesseans from the death and destruction meth causes, and this is a major step in the right direction," Norris said.
The bill also requires that health care providers, pharmacists, undertakers, or other persons called to aid someone injured by violence, poisoning, or suffocation to report any indications of methamphetamine abuse to law enforcement officials.
Under the hazardous waste quarantine law, certified industrial hygienists will also be required to test property locations where methamphetamine production has occurred.
The bill creates a Class B felony when processes intended to result in the manufacture of any amount of methamphetamine are knowingly initiated. This change removes existing loopholes wherein meth cooks could claim drug material was produced for personal use, permitting authorities to prosecute only on misdemeanor-level charges.
Additionally, the act of promoting the manufacture of methamphetamine will be a Class D felony. It will be a Class A misdemeanor for a person to intentionally use, or possess with intent to use, any substance or device designed to falsify the results of a drug test on oneself. Also, the offense of manufacturing, delivering, selling, or possessing with intent to do so will now include the preparation or compounding of a controlled substance for personal use.
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Safety Net Expanded by Medical Aid Bill
The Senate Judiciary Committee gave its unanimous approval to Senate Bill 212 sponsored by Senators Steve Southerland (R-Hamblen County) and Jeff Miller (R-Cleveland) which can expand the health care safety net across the state.
The bill would encourage health care providers to volunteer their services to medical clinics offering free care to patients. In return for care provided without compensation, it would provide health care providers with protection from civil liability except in cases of gross negligence. It extends that protection to care provided by any specialists to whom the patient is referred for follow-on treatment.
“We need to do everything we can to encourage health care providers to provide care to those individuals in our society who may fall through the cracks in our health care system,” said Senator Southerland. “With the continued uncertainty in TennCare, this would expand the current health care safety net in Tennessee. These providers could contribute their skills without fear of frivolous lawsuits being the reward for their kindness.”
The bill would also apply to retired health care providers who want to give back something to their communities and maintain their medical skills.
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House Approves SJR 31; Referendum in 2006
The House of Representatives approved Senate Joint Resolution 31 co-sponsored by Senator Norris 88-7-1 on Thursday to give the voters the opportunity in November 2006 to decide in a referendum on whether to include in the Tennessee Constitution a definition of marriage as a contract between one man and one woman.
Meanwhile, a ruling by an activist federal judge in San Francisco this week highlighted the need for voters, rather than courts, to decide this important issue in Tennessee. The judge ruled that state laws restricting marriage to its traditional meaning of one man and one woman were unconstitutional.
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Congress Urged to Abolish Death Tax
The Senate unanimously adopted Senate Joint Resolution 86 co-sponsored by Senator Norris to urge Congress to abolish the death tax permanently. The highly unpopular federal estate tax, commonly known as the death tax, is being phased out under federal law. However, unless the death tax repeal is made permanent by Congress, it will come back into effect Jan. 1, 2011.
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Senate Executive Highlights – March 11-17, 2005
TennCare remains Number 1 focus, continues to bog down session
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Looks more and more like no expedited appeals before Mar. 28 hearing
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Questions continue with differing stories over generic drug use in TennCare
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Opposing counsel Cooper, Bonnyman issue divergent views on generic Rx
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Advocate Barrett invited guest at Caucus Meeting Wednesday
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Campaign launched to save TennCare; rallies at Capitol, across the state
Bills in Progress
Bills passed Senate
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Meth Bill – SB2318 approved Thursday with all members added
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SB0181 - Ketron - $25K death benefit for volunteer rescue squad workers
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SB1063 - Ketron - New misdemeanor for public servant to deceive auditor
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SB1583 - Norris - County mayor to be notified of annexation, plan of services, and, if a referendum, the certified results of that referendum
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SB1731 - Person - TBI lab personnel can request a person be given a blood test when exposure to body fluids puts the lab personnel at significant risk
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SB2104 - Burchett – Urges TDOT to study standardized roadside memorials
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SJR 85 - Miller urges Congress to stop lawsuit abuse against firearms industry
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SJR 86 - Miller, et al urges Congress to end death tax permanently
Bills on Consent
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SB0732 - Tracy increases penalty for hunting from roads to Class A misdemeanor
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SB1080 - Ketron requires AOC to implement uniform parenting plan
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SB1585 - Norris facilitates dispute resolution on comprehensive growth plans
Budget continues under review
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Standing committees going over departmental/agency budgets
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TennCare budget likely to be held up in committee for a while
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Administration’s alternative budget clarified as not being a real budget
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But Bed-Devil Budget worries colleges, schools across the state
Marriage Protection Amendment
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SJR 31 on 2nd reading in House Monday, March 14
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SJR 31 passes in House 88-7-1 Thursday, March 17
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San Francisco federal judge declares California gay marriage ban to be unconstitutional
Bills & Resolutions Filed as of print time Thursday, March 17, 2005
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SB 2364, HB 2381; SJR 144, HJR 243; SR 15, HR 54
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Record number of bills filed for first year of a General Assembly
And…
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All things considered: So far, the Senate has 2,364 Senate bills filed as of 1:00 p.m. Thursday (March 17), while the House has 2,381 bills. Senate Joint Resolutions now number up to 144; HJRs 243; SRs 15; and HRs 54. The Senate and House have used 19 legislative days. Article II, Section 23 of the state Constitution provides for 90 paid regular legislative session days for every two-year-long General Assembly. The Senate and House are scheduled to convene on Monday at 5 p.m.
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