April 1, 2005
For more details on bills, visit the legislative website at http://www.legislature.state.tn.us.
Upcoming Events

Second Annual Flapjacks & Friends Pancake Breakfast
Join Senator Norris for a complimentary breakfast!
Saturday, April 9
7:00 a.m. to 9:00 a.m.
Arlington Methodist Church
6145 Quintard Street
Arlington, Tennessee
Bring Family and Friends!
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Covington Leader Newspaper:
Norris Working on Myriad of Issues
By Greg Little, Managing Editor
Mark Norris is a busy man these days.
“It’s been very busy,” said the state senator last week from his office in Nashville.
Norris, R-Collierville, said a record number of bills have been filed this session in the Senate. It’s more than 2,000.
He also noted that 25 percent of those bills must go through the House Judiciary Committee, of which he is a member. He’s also dealing with 187 bills as chairman of the Transportation Committee.
The meth problem
A bill which made it out of the full Senate last week deals with the methamphetamine problem in Tennessee.
Norris said the bill would make access to pseudoafedrin more difficult. It would no longer be an over-the-counter drug and would have to be sold by a pharmacist. That drug is one of the main ingredients in meth. Norris said the bill would limit the number of packets a person could purchase in a year and would also create a registry of people who bought the drug.
“One of the interesting things about the registry is the clinical paranoia which runs rampant in these meth users,” said Norris.
He said persons would have to sign a notebook.
“It plays on the addict’s paranoia,” said Norris. “It is said to be a major deterrent.”
Asked what law enforcement and corrections officials are saying about the problem in the state, Norris said it was a “blight, particularly in rural portions of Tennessee.”
He called meth “incredibly destructive and dangerous.” Norris said there is a similar bill in the House. He said Gov. Phil Bredesen supports the legislation.
Meeting with Frist
Norris said he recently traveled to Washington, D.C., to meet with Sen. Bill Frist, R-Tennessee, and majority leader of the U.S. Senate.
The main focus of his luncheon with Frist was medical liability reform
“It was a very productive meeting,” said Norris.
Also at the meeting was Dr. J. Edward Hill, the incoming president of the American Medical Association who is from Tupelo, Miss.
“I wanted to see what the progress was and prognosis at the federal level for medical liability reform,” said Norris. “Obviously, it is a work in progress.”
Also while in Washington, Norris said he met with the vice-chairman of the federal Surface Transportation Board which regulates railroads in America. Norris said as chairman of the Transportation Committee, he wanted to “have a preliminary conversation about the nation’s railways, particularly those through Tennessee.”
Norris said it is “incredibly important” the state makes sure the railroad “infrastructure is in good shape.”
He said officials are certain that rail freight shipments are “likely to increase in Tennessee by 100 percent in the near term.”
Making sure the system is in good shape in Tennessee is vital, he said, because the rail traffic brings important dollars to the state.
“We have to take care of basic safety and making sure that it is in top shape,” said Norris.
Local land use planning
Another issue which Norris said is critical, especially to a fast-growing area like Tipton County, is land use planning.
“Preserving private property rights has always been a big issue with me,” said Norris.
Norris said government entities can sometimes go too far in trying to regulate land use.
“It can trample on individual and real property rights,” said Norris. “It is problematic and something everyone has to work with. If you give most governments an inch, they will take a mile.”
Norris said a study committee has been looking at the issues for several years. He said there are a “lot of difficult issues” involved with land use planning and it is critical that all sides be represented before decisions are made by lawmakers.
He said some of the proposals which came out of the study are quite simple.
For instance, one requires the mayor of an annexing city to notify the county executive they are going to annex a certain area. Additionally, he said in “some instances,” a proposed bill would allow citizens to request a referendum if they are opposed to the annexation.
Interstate 69
Norris has also been working on the issue of the proposed Interstate 69 which, if completed, will dissect West Tennessee. He did say the U.S. House of Representatives recently passed the transportation bill which totals $284 billion.
He said that is about what the Tennessee Department of Transportation had based its projections on when proceeding with the I-69 issue. “We are within the projections if the federal bill passes the Senate,” said Norris.
The biggest frustration with West Tennessee advocates of the I-69 project is that TDOT officials have yet to schedule public meetings to determine an exact route. That issue is crucial to landowners, business owners, community leaders and many others who are planning for the future.
“I ask every other week,” said Norris.
Norris said not only is the budget process complicating the matter but also said TDOT officials told him there are “complexities with the terrain in the area.”
However, Norris said he will continue to press TDOT officials about the issue and hopes the public hearings can be held in the near future.
(This article can be viewed at http://www.covingtonleader.com/news.ez?viewStory=836 )
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State Revs Up Efforts to Slow Down Meth Chefs
NASHVILLE—This week on Capitol Hill, the governor signed a comprehensive anti-Meth Bill into law Wednesday (March 30).
The bill incorporates many proposals put forth by legislators over the last four years. The escalating crisis with methamphetamine labs and the number of bills to do something about it led to the appointment of an executive Task Force.
The Governor’s Task Force on Methamphetamine Abuse recommended the comprehensive bill to slow down the proliferation of meth manufacturing which started as a scourge in rural communities and moved on to become a blight in cities. Sadly, Tennessee now leads the Southeast in meth-lab production, rising to become second in the nation in meth labs.
The Senate passed the measure March 17 with all Senate members signing on as sponsors of the legislation. The House passed it on Monday (March 28), adding housekeeping changes in which the Senate quickly concurred Monday evening prior to adjournment.
The comprehensive anti-Meth Bill, Senate Bill 2318, cracks down on meth in a multi-pronged approach. It requires pharmacies to put most over-the-counter cold medicines containing ephedrine or pseudoephedrine behind the pharmacy counter or keep them in a locked cabinet within sight of pharmacy personnel. It prohibits their sale by non-pharmacies. Pharmacy counter sales would be restricted to three normal packages a month and only after a person showed a valid form of identification and the pharmacy records the purchase transaction in a log.
SB 2318 requires health care providers, pharmacists, undertakers, and other persons called to aid someone injured by violence, poisoning, or suffocation to report to law enforcement officials any suspicions they may have that burns, injuries, or death may have been related to methamphetamine.
The bill increases criminal penalties and sanctions against those who try to manufacture meth. It closes loopholes in existing law which allowed meth chefs to claim their activities were for personal use and then get off with misdemeanor offenses.
The bill includes a statewide public education program about the dangers of methamphetamine manufacture and abuse. This includes the distribution of public information materials opposing methamphetamine abuse. This program points out proper treatment resources available for those suffering from methamphetamine abuse.
Among other features of the bill is a requirement for the Tennessee Bureau of Investigation to create a Meth Registry of those convicted of meth manufacturing offenses. That registry will be available on the Internet. The Department of Environment and Conservation will keep another registry which will list properties placed under quarantine because of contamination by meth or materials used to make meth.
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Speaker Pro Tem Prods Senate to Look Towards Endgame
The Senate Speaker pro tem began to prod Senate committees and members to focus on finishing up their work so the Senate can buckle down and tackle the governor’s proposed budget in earnest.
Senate Environment Chairman David Fowler (R-Signal Mountain) has already set the final calendar for his Senate Environment, Conservation, and Tourism Committee to take up beginning next week. The setting of final committee calendars is an indicator that the end of session may be within sight.
“The Senate standing committees have completed almost all the required budget hearings for departments and agencies of state government. The House is close to completing its budget work as well. We still have a bit of budgeting work to do, primarily with the K-12 budget in Senate Education and the TennCare budget in Commerce Committee,” stated Senator Micheal Williams (R-Maynardville) who also serves as the Senate Speaker pro tem.
“That having been said, we really do need to get moving and not drag session out any longer than is absolutely necessary. Rather than wait on the courts to decide anything on the TennCare reform issue, we need to keep doing what we are doing and that is proceed ahead on the proposed budget that is before us.
“The legislature is charged with approving and passing a budget. If we don’t do the budget, we risk running out the clock and getting perilously close to the end of the fiscal year. I don’t know anyone who wants to see a repeat of what happened in 2001 and 2002 when state government almost shut down.
“As responsible legislators, we need to do our job and complete our business. If the courts end up ruling against the administration’s TennCare Reform proposals, we might need to come back and fix that part. If necessary, we can come back in special session. If we do have to come back in special session, it would be to deal with specific points of the budget,” concluded Senator Williams.
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Sure could use a little good news on TennCare
The good news this week is that the U.S Sixth Circuit Court of Appeals will take up an expedited appeal of the decision from the Rosen case over the TennCare disenrollment issue on April 8th instead of waiting until April 25th. The latest hearing of Rosen began Monday, March 28th, in federal district court in Nashville with two weeks being calendared for it. This appealing news comes on the heels of an announcement late last week that the Centers for Medicare and Medicaid Services has approved key aspects of the governor’s proposals to reform TennCare.
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Ethics Residency Bill Moves Ahead
Last week at the urging of Senate Republican Majority Leader Ron Ramsey (R-Blountville), the Ethics Subcommittee of the Senate State and Local Government Committee had recommended a measure on to the full committee regarding the residency issue for members of the General Assembly. This week, the Senate State and Local Government Committee recommended SB 2215 which 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 could not be used for residential purposes, unless a person provides evidence that the address is actually being 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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Majority Caucus Members Making a Difference for Tennesseans
Black Bill Seeks to Ban Alcohol Vaporizers
Senator Diane Black (R-Gallatin) moved Senate Bill 631 through the Senate unanimously to ban alcohol vaporizers. Senator Burchett co-sponsors the bill.
Alcohol vaporizers are being used in some countries overseas and on the extreme coasts of the United States. The vapors from wines or liquors can be inhaled producing rapid intoxication. California is currently considered banning their use.
Senator Black’s bill would make it a Class A misdemeanor to sell or give away alcohol that is dispensed by an alcohol vaporizing device or to maintain, use, or allow another to maintain or use an alcohol vaporizer on the premises where alcohol is served. An establishment’s liquor license could be suspended for up to 60 days. A third offense would become a Class E felony with the suspension of a liquor license for one year.
Senator Black also moved House Bill 823/SB 903 unanimously through the Senate to change the seat belt law for children. The bill lowers the height requirement to 4 feet 9 inches before a person transporting a child would have to use a booster seat for a child less than that height in order to comply with the seat belt law.
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Senate Executive Highlights – March 28-31, 2005
· TennCare remains Number 1 focus, continues to bog down session
· U.S. 6th Circuit Court of Appeals reset expedited appeal oral arguments to April 8
· U.S. 6th Circuit Court likes oral arguments and has made rulings from the bench
· CMS approves Bredesen’s TennCare Reform disenrollment plan
· Federal District Court hearing on disenrollment began March 28 (Monday)
· Judge Haynes calendared two weeks for hearings March 28-April 8
· Administration plowing ahead with Budget as presented in Gov’s Jan. 31 Address
· TennCare advocates continue to apply public pressure on administration, etc.
· Drive to Save Lives Campaign holds rallies around state in effort to save TennCare
· Statewide Rally by TennCare advocates to be held at Capitol on April 8
· Signed into Law
· Meth Bill SB2318 passed House Monday & Guv signed it into law Wednesday
· Bills/Actions in Progress
· Pre-K Expansion Proposal, SB2317
· Pre-K Bill deferred for 3 weeks in Senate Education
· Cohen piled on the questions in Senate Education Wednesday morning
· House Ed passed Pre-K Bill on to House Finance
· Cohen signs on Wednesday afternoon as co-prime sponsor to Pre-K Bill
· Senate Ed still has K-12 Education Budget in committee
· Ethics
· SB2215 residency issue approved by full S&L Government
· SB2215 residency issue put off Thursday because prime sponsor not present
· SB2215 residency issue reset to Monday’s calendar
· Senate Rules meeting on consulting issue cancelled pending action on bills
· Tax Relief/Exemptions referred to Tax Study Sub of Senate Finance Ways and Means
· SB0577 sets elderly income at $14K and home value at $20K for exemption
· SB0578 increases home value exemption for disabled vets to $150K
· Bills passed Senate
· SB0631 by Black bans alcohol vaporizers
· HB0823/SB0903 by Black lowers height for child booster seats to 4 feet 9 inches
· Budget continues under review
· Standing committees going over departmental/agency budgets
· Most approved by full committees, but not K-12 or TennCare
· TennCare budget in full CL&A
· Speaker pro tem Williams prodding committees and members to complete business
· Bills & Resolutions Filed as of print time Thursday, March 31, 2005
· SB 2375, HB 2388; SJR 174, HJR 280; SR 16, HR 62
· Record number of bills filed for first year of a General Assembly
· Senate Ethics
· Registry of Election Finance to hold May 11 Show Cause Hearing on Ford wedding
· Special counsel from AG’s Office conducting investigation & discovery on Ford
· Medicare Fraud Unit, TBI, and Nashville U.S. Attorney investigation
· Grand Jury meeting in Memphis
· Questions on Omnicare, Managed Care Services Group, & Doral Dental connection
· In-house counsel fired by Omnicare files whistleblower lawsuit alleging illegal acts
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All things considered: So far, the Senate has 2,375 Senate bills filed as of 11:00 a.m. Thursday (March 31), while the House has 2,388 bills. Senate Joint Resolutions now number up to 174; HJRs 280; SRs 16; and HRs 62. The Senate has used 25 days and House has used 24 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 5:00 p.m.
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