March 24, 2005
For more details on bills, visit the legislative website at http://www.legislature.state.tn.us.
From Mark’s Desk
Last Sunday marked the start of “National Agriculture Week,” and yesterday we welcomed many of Tennessee’s farmers and officials to Nashville for the Tennessee Farm Bureau’s annual Bellringer Luncheon. The event was a great opportunity to have lunch and visit with our friends from Dyer, Lauderdale, Tipton and Shelby counties, among others.
Since 1973, “Ag Week” has celebrated our farmers and the products they provide us. While much of the day-to-day business of farming has changed from the advances in equipment and technology, the fortitude, pride and spirit of the Tennessee farm family continues to shape the culture of our state. Agriculture remains Tennessee’s number one industry.
Additionally, several schoolchildren took part in the “2005 Ag Day Poster Contest” sponsored by Agricenter International and the University of Tennessee Extension Service. The students have been generous enough to allow me to display their artwork in my office, and I have included pictures below. Our visitors to Legislative Plaza have enjoyed the agriculture-themed works and we have been proud to exhibit them.
Wishing you & yours a joyous Easter,

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Norris Co-Sponsors Bill to Clarify Legal Definition of Agriculture
NASHVILLE, Tenn. --- State Senator Mark Norris (R-Collierville) is co-sponsoring legislation to clearly define the term “agriculture” in Tennessee law to recognize modern crops as well as protect farmers from zoning infringements.
“Historically, everyone knew and pretty much agreed upon a definition of agriculture,” Norris said. “Today, however, modern crops such as Christmas trees or freshwater shrimp can pose interpretation problems because they may not meet the traditional criteria.”
While the term “agriculture” is referred to numerous times in state law, it has never been officially defined in the code. Senate Bill 2207 seeks to clarify that land, buildings, machinery and activities used in the commercial production of farm products and nursery stock are considered “agriculture” for purposes of zoning, liens and education.
“Because there is no consistent definition of agriculture, counties and cities have in some cases defined agriculture so narrowly that certain types of operations are excluded,” Norris said. “This bill provides a firm legal definition to reflect not only classic farming, but also the more recently developed aspects of agricultural operations.”
“While this appears to be a small issue, a closer inspection reveals much of the legislation and funding relies upon a standard of what is considered agriculture and what is not,” Norris said.
Norris, who has a farm in Collierville, was elected to his second term last year. He represents Shelby, Tipton, Lauderdale and Dyer counties.
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Norris Sponsors Bill for Seasonal Farm Plates
NASHVILLE, Tenn. --- State Senator Mark Norris (R-Collierville) is sponsoring legislation to offer farmers the option of “seasonal” license plates and registration for farm trucks.
“These are vehicles used for a short period of time during the growing season,” Norris said. “The goal of the bill is for the registration fees paid on these farm trucks to better reflect the amount of time they are actually utilized.”
Under Senate Bill 1610, license and registration fees would be pro-rated to reflect vehicle’s amount of use, offering farmers the option of a “seasonal” tag issued for at least thirty (30) days and for no more than six (6) months. To qualify, the truck must satisfy the statutory criteria.
Tennessee Code Annotated Section 55-1-119 defines a “farm truck” as “any truck motor vehicle used by the owner in connection with the agricultural pursuits normal to the owner’s farming operations, such as the transportation of products of the soil, livestock, poultry, seed…”
“As it stands now, a farmer is required to pay for an entire year’s worth of registration on a truck he might use two months a year to gather hay,” Norris said.
Norris, who has a farm in Collierville, was elected to his second term last year. He represents Shelby, Tipton, Lauderdale and Dyer counties.
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Ethics a Front and Center Issue in Senate
The Ethics Subcommittee of the Senate State and Local Government Committee recommended a measure on to the full committee regarding the residency issue for members of the General Assembly. SB 2215 by Senator Ron Ramsey (R-Blountville) would not allow a person to register to vote using a business location when the sole basis for the person’s presence is based on a business or commercial use. Further, a commercial address may not be used for residential purposes, unless a person provides evidence the address is used as that person’s residence. Current law requires a candidate for public office to be a qualified voter of the district a person is seeking to represent. The goal is to ensure a member actually resides in that district.
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Safety Net Expanded by Medical Aid Bill
NASHVILLE, Tenn.—This week on Capitol Hill, the Senate gave its unanimous approval to Senate Bill 212, a medical aid bill brought by Senators Steve Southerland (R-Hamblen County) and Jeff Miller (R-Cleveland). The Medical Aid Bill is intended to encourage the expansion of the health care safety net in Tennessee. All members joined on the bill as sponsors on the floor.
The bill encourages health care providers to volunteer their services in support of free medical clinics. In return for providing medical care without compensation, health care providers receive protection from civil liability except in cases of gross negligence or willful misconduct. That protection extends to care provided by any health care specialist to whom a patient is referred by a free medical clinic for follow-on treatment.
“Many health care professionals are willing to volunteer their time and services if they have this level of immunity. I appreciate all sides coming together on this important issue to help people who may not otherwise receive adequate health care services,” said Senator Southerland. “We sincerely hope this bill expands our health care safety net in Tennessee.”
Senator Miller advocated on behalf of the measure because retired health care providers want to give something back to their communities by volunteering at free medical clinics where they can continue to use their valuable medical skills. This bill would allow them to do so without maintaining prohibitively expensive liability insurance.
Tennessee trial lawyers came on board for this effort to help those who need it and worked with the sponsors on the wording of the final version of the Senate bill so that the health care safety net could be expanded.
Health care professionals acknowledge that the bill as passed by the Senate would indeed help the efforts of the safety net by encouraging physicians to volunteer their services in community- and faith-based clinics and other non-commercial health care outlets in underserved rural and urban areas. The health care safety net in Tennessee virtually disappeared due to the existence of TennCare. This bill helps rebuild that safety net.
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Majority Caucus Members Making a Difference for Tennesseans
Ketron Proposes Major Senate Ethics Rule Change
Senator Bill Ketron (R-Murfreesboro) presented a proposed major Senate Ethics Rule change that is now under review by the Senate Rules Committee and is scheduled to be heard again next week. The Ketron Disclosure Proposal would require a Senator or any immediate family member of a Senator to disclose details regarding compensation for consulting services.
The disclosure would include the person to whom the consulting fee was paid, the position of the person to whom the consulting fee was paid, the amount of the consulting fee, the date the consulting services were rendered, and a description of the consulting services.
The disclosure of consulting services would be an ongoing process with disclosures being required each time a Senator or immediate family member received compensation for consulting.
The Ketron Proposal would also require anyone paying for such consulting to disclose it.
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Pre-K Proposal under review in Senate Education
Senate Education Committee Chair Jamie Hagood (R-Knoxville) held a hearing of the governor’s Pre-K proposal in Senate Education on Wednesday. Senate Bill 2317, the Voluntary Pre-K for Tennessee Act of 2005, is undergoing extensive analysis and review for its impact on existing services and its future impact on education and other areas. The hearing continues next week as committee members seek to determine the real impact of starting a statewide expansion of Pre-K programs. The governor’s proposed K-12 Budget is set to be heard after the committee finishes its review of SB 2317.
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Junior Leagues Name McNally Tennessee Legislator of the Year
The Junior Leagues named Senator McNally as Tennessee Legislator of the Year. He was presented a plaque March 8 for his outstanding support of women and families in Tennessee.
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Senate Executive Highlights – March 18-24, 2005
TennCare remains main focus, continues to bog down session
o Federal District Court hearing on disenrollment set for March 28
o 6th U.S. Circuit Court of Appeals expedited appeal oral arguments
set for April 26
o Administration plowing ahead with Budget as presented in Jan.
31 Budget Address
o TennCare advocates increasing public pressure on administration
o Drive to Save Lives Campaign holds rallies around state in effort
to save TennCare
o Health Care Safety Net Task Force looking to reestablish net
Bills/Actions in Progress:
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Pre-K – Gov continues to stump for support of Pre-K program
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Senate Education hears new amendment on Gov’s Pre-K Bill, SB2317
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Pre-K proposal generates lots of questions, especially from Cohen
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Senate Ed defers Gov’s Pre-K bill one week, set 1st on calendar March 30
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Senate Ed still holding K-12 Ed Budget, scheduled behind SB2317
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Tobacco Tax bills in Finance, Ways and Means
Tax Relief/Exemptions
o SB0557 sets elderly income at $14K and home value at $20K for exemption
o SB0558 increases home value exemption for disabled vets to
$150K
Bills passed Senate
Budget continues under review
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Standing committees going over departmental/agency budgets
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TennCare budget heard March 23, sent on to FWM
House Ethics
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Remains issue of intense focus in House with rival bills
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Passed 51-45, HB 1090 limits to $50K per year per individual to parties/caucuses
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Passed 52-45, HB 1098 limits to $10K per year per individual to PACS/campaigns
Senate Ethics
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Senate Ethics Committee expected to expand scope of Ford investigation
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Ford letter contained “Glass Houses” postscript
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Ford calls Commercial Appeal to deny making a veiled threat
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Registry of Election Finance orders May 11 Show Cause Hearing on Ford wedding
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Senate Rules Committee heard consulting disclosure rule change proposal
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Rule rewrite is scheduled to be heard again next Tuesday
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Committee engages special counsel from AG’s Office for investigation & discovery
Bills & Resolutions Filed as of Thursday, March 23, 2005:
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SB 2369, HB 2387; SJR 159, HJR 254; SR 16, HR 56
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Record number of bills filed for first year of a General Assembly
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All things considered: So far, the Senate has 2,371 Senate bills filed as of 11:30 a.m. Thursday (March 24), while the House has 2,387 bills. Senate Joint Resolutions now number up to 163; HJRs 258; SRs 16; and HRs 56. The Senate has used 22 days and House has used 21 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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2005 Ag Day Poster Contest Winners

By Jackson Estes, 1st Place, Farmington Elementary

By Gabe Quistorff, 2nd Place, Our Lady of Perpetual Help

By Emily Treese, Honorable Mention, Our Lady of Perpetual Help

By Esteban Pilo-Pais, 2nd Place, Oak Forest Elementary

By A.J. Heinz, 1st Place, Our Lady of Perpetual Help

By Kayla Coates, Honorable Mention, Crosswind Elementary

By Jayden Curry, 2nd Place, Farmington Elementary

By Will Thomas, Honorable Mention, Bartlett Elementary

By Caroline Orr, 1st Place, Hutchison School
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