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May 12, 2006
Norris Bills Strengthen Sex Offender Registration Laws
NASHVILLE— Senate Bill 2711, sponsored by Senator Mark Norris (R-Collierville), requires anyone pleading “no contest” to a sexual offense in another state to register upon moving to Tennessee.
The bill passed the Senate unanimously on May 8th and eliminates a loophole in Tennessee’s sex offender statutes by requiring registration on the Sex Offender Registry for those who enter a “nolo contendre” or “no contest” plea to register. Tennessee law does not currently consider these pleas as “convictions,” therefore these convicted sex offenders were not required to register upon moving to Tennessee.
“There was a situation in my district where a sex offender from Florida was not required to register here because of his ‘no contest’ plea,” Norris said. “My bill changes the statute to include those who used plea bargains at trial.”
Another Norris measure, Senate Bill 2709, passed the Senate Judiciary Committee on May 9th. It raises the current minimum punishments violations of the "Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act.”
Under this proposed legislation, initial violations by registered sex offenders would result in a fine of not less than $500 and imprisonment of no less than six (6) months. A second violation is punishable by a fine of not less than $1500 and imprisonment for no less than two (2) years.
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Senate Passes Eminent Domain Protections
Norris: “Eminent Domain Bill is Designed to Ease Concerns of Property Owners”
NASHVILLE—Senator Mark Norris (R-Collierville) said he is pleased with the passage of the Eminent Domain Bill, Senate Bill 3296, during Monday evening’s Senate session.
In Kelo v.City of New London, the United States Supreme Court last year expanded the definition of public use to include private economic development unless otherwise restricted by state law. In a controversial 5-4 decision, the Court ruled that local governments can take property from one person and give it to another for the purpose of economic development. The Tennessee General Assembly has pursued legislation to protect property owners.
Norris said he believes the legislation strikes a proper balance between the interests of the people and their government.
“At issue was whether government can take private property for private economic development,” Norris said. “Our Senate bill makes it clear that this is not appropriate in Tennessee.”
“The power of eminent domain is about as close to home as government can ever get. We must ensure that, when the state takes land or other property from its rightful owners, it is for a public use or purpose and not for someone’s private profit,” Norris said.
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Speeding Ticket “Rebates” Bill Moves to Governor for Signature
Radar detector firms offered citation guarantees to market products
NASHVILLE – Under legislation passed through the General Assembly last week, sellers of radar detectors will be prohibited from offering to pay or paying the speeding tickets of drivers purchasing their products.
Senate Bill 3756, sponsored by Senator Mark Norris (R-Collierville), makes these offers a Class B misdemeanor punishable by up to a $500 fine per violation.
“This issue stemmed from an unusual commercial on the radio,” Norris said. “The ad promised cash rebates to cover the cost of your speeding ticket if you were caught speeding while using their products. In the legal sense, the company was indemnifying speeding.”
Rep. Curry Todd (R-Collierville) sponsored the measure in the House, where it passed by a vote of 79-11 on April 17th. It now proceeds to the Governor to be signed into law.
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Legislation Adds DWI, Drag Racing to Habitual Offender List
NASHVILLE - A bill by Senator Mark Norris (R-Collierville) expanding the list of offenses qualifying as “habitual” crimes with tougher sentencing passed the Senate unanimously this week.
Senate Bill 3512 adds the offenses of adult driving while impaired, reckless driving, drag racing or evading arrest in a motor vehicle to Tennessee’s list of habitual offender offenses. The resulting change will results in tougher sentencing guidelines.
“The bill addresses offenses endangering motorists,” Norris said. “This discourages reckless behavior behind the wheel by requiring tougher sentences when someone repeatedly disregards the safety of others.”
The bill clarifies that habitual offender status includes offenses of adult driving while impaired, reckless driving, drag racing or evading arrest in a motor vehicle.
The measure received unanimous House approval in March and now goes to the Governor to be signed into law.
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Film Location Bill Passes Senate
NASHVILLE – Legislation to attract motion picture production to Tennessee unanimously passed the Senate on Wednesday.
Senate Bill 3513, co-sponsored by Senator Mark Norris (R-Collierville), provides economic incentives for Tennessee’s growth in motion picture production.
“There are significant benefits for the state, in addition to the visibility,” Norris said. “These projects bring with them large economic benefits.”
Norris said the projects provide various opportunities for small businesses as well as jobs.
“Significant levels of commerce are created from this industry and Tennessee needs the tools to compete with other states,” Norris said. “It is time we seek out film and television production like other revenue-producing industries.”
Known as the “Visual Content Act of 2006,” the bill now awaits action in the House.
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Fairness for BEP Funding Formula Approved in Senate
NASHVILLE— Senate Resolution 120 received Senate unanimous approval on Thursday which can lead to future fairness in the Basic Education Program (BEP) funding formula. The issue stems from continuing debate over the allocation of state dollars to fund K-12 education and the flaws of the current funding formula. The House passed its own House Resolution on this issue.
For the first time in this legislative session, Governor Bredesen committed to BEP reform. Bredesen told a group of educators that the present Basic Education Program, or BEP, formula does not adequately "recognize some of the needs" of schools in more urban areas and should be changed.
The Resolution, co-sponsored by Senate Education Chair Jamie Woodson (R-Knoxville), approves revisions to the BEP proposed by the State Board of Education. Further, the resolution addresses the large issue of equity reform of the current formula. Specifically, the BEP Review Committee is required to develop a consensus recommendation on a system-level fiscal capacity model that would provide a phased-in process and hold local governments harmless.
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Homeowners Win Victory with Predatory Lending Bill
NASHVILLE—Legislators stated that it was a victory for consumers and homeowners that, after years of work, the Senate unanimously approved a Predatory Lending Bill on Wednesday. The measure, House Bill 3597/Senate Bill 3989, is titled the Tennessee Home Loan Protection Act.
“It’s not a perfect bill. Everybody didn’t get everything they wanted. But it’s a good bill,” stated Senator Steve Southerland (R-Hamblen County), expressing the view of many. “This is the fruition of over five years of diligent work on the part of many people across the state.”
Senator Southerland was a prime co-sponsor of the bill and traveled across the state with the Predatory Lending Committee, listening to testimony from victims of unscrupulous lenders.
From the well, the bill’s prime sponsor, Senator Roy Herron (D-Dresden), stated his heartfelt thanks to Senator Southerland and other supporters for their work on this important bill and their help in writing the bill.
Senator Southerland has 26 years experience in mortgage lending and is the only lender in Tennessee to receive the prestigious Freddie Mac Customer Service Award. Because of his expertise in the mortgage lending field, he was asked to provide advice to the panels which over the last four years finally hammered out a compromise agreement that provides additional protections to homeowners.
The bill seeks to crack down on predatory lending practices which exploit poorer people. Most of the egregious loan practices in the sub-prime mortgage market become illegal under the bill. There will be caps placed on high interest rates and loan fees.
A detailed summary of the bill is available on the Legislature’s Web site at http://www.legislature.state.tn.us/bills/currentga/Summary.aspx?BillNumber=SB3989 .
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Bill Passes to Give Incentives for Hi-Tech R&D
NASHVILLE—Senate Bill 2802, brought by Senator David Fowler (R-Signal Mountain), passed unanimously through the Senate Wednesday to provide tax credits for businesses that would invest at least $500,000 in Tennessee for purposes related to high-tech research and development.
Currently a business is required to bring 25 jobs to Tennessee to qualify for this benefit. This legislation removes that requirement and allows a smaller group of scientists or technicians to qualify for a $2,000 credit per employee.
The bill also provides incentives for businesses that decide to initiate the fruits of their research and development through active operations in Tennessee.
The House companion bill, House Bill 3186, is in House Finance, Ways and Means Committee after being recommended for passage by the House Commerce Committee.
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