Senator Mark Norris -District 32

May 6, 2005

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Norris Special School District Passes Committee

NASHVILLE --- Legislation to enable the creation of a special school district in Shelby County, sponsored by State Senator Mark Norris (R-Collierville), passed the Senate Education Committee unanimously Wednesday. It will be scheduled for a vote by the full Senate next week.

Currently, state law forbids the creation of any new special school districts. Senate Bill 2062 gives Shelby County the option to convert to a special district. The bill, if passed by the Legislature, will allow Shelby County Schools to establish permanent, fixed boundaries and raise funds beyond those appropriated by Shelby County subject to legislative approval.

Presently, as the City of Memphis annexes land, it is responsible for educating in city schools the children from the annexed territory. Conversion to a special district keeps the county system intact, regardless of future annexations.

“I have an extensive history with this issue,” Norris said. “I dealt with special school districts for a decade starting as a Shelby County Commissioner, as chairman and of the Education Committee.”

Norris said the bill is the best solution for the challenges the area faces in funding education.

“This legislation preserves the best our schools have to offer,” Norris said. “Not only will it facilitate reduction of county debt, but it enables local government to focus on improving education rather than squabble over money and governance.”

If adopted by the full Senate and House, Shelby County would be free to establish a special district through a separate, private act. This would avoid possible consolidation of Memphis City Schools and Shelby County Schools which would have increased the school district to an unmanageable 160,000 students.

“I have viewed conversion to a special district as the key for many years,” Norris said. “Converting the Shelby County Schools to a special district would enhance administration by maintaining a smaller, more effective system and give revenue-raising autonomy to those who require it and are responsible for it.”

Norris, elected to his second term last year, represents Shelby, Tipton, Lauderdale and Dyer counties.

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Norris Legislation Exempts Small Businesses from Federal Regulations

NASHVILLE --- Federal regulation of commercial motor vehicles in Tennessee will be curbed under legislation sponsored by Senate Transportation Committee Chairman Mark Norris (R-Collierville).

Senate Bill 2302, passed unanimously by the Senate last week, exempts most locally-driven light trucks under 26,000 pounds from enforcement of federal interstate trucking regulations.

The legislation is seen as a boost for small business and individuals who were facing increasingly costly red tape and paperwork just to drive pickup trucks with trailers across town.

“These stringent federal guidelines were designed for heavy vehicles traveling long distances with big loads,” Norris said. “Applying these laws to the Tennessee landscaper hauling mulch on a trailer is overreaching.”

In a little known series of bureaucratic actions over the last thirty years, the Federal Motor Vehicle Safety Act was quietly extended. Originally applied to heavy trucks in interstate commerce, regulators gradually expanded their reach to light trucks in intrastate commerce. The results required plumbers, landscapers and similar small businesses to comply with federal commercial driver license requirements such as the maintenance of a log book, fire extinguisher and driver health documents.

“A contractor’s pickup truck should not be subject to the same standards as an over-the-road tractor trailer,” Norris said.

Federal regulators threatened to withhold highway funds from Tennessee if their standards were not applied to smaller, in-state vehicles. The officials also stated that a complete adoption of Federal Motor Safety Regulations was mandatory and non-negotiable.

“We had a situation whereby we had to pass a bill or risk losing $46 million in federal funds,” Norris said. “We were first told by the federal representatives that there was no choice. However, after researching it, we found that Tennessee can exempt vehicles coming in under the 26,000 pound level.”

Unaware that the state could exempt itself from the most oppressive regulations, Tennessee transportation and safety officials unwittingly allowed the regulatory expansion to proceed unchecked.

In addition, Norris sponsored Senate Bill 184, companion to Senate Bill 2302 which amends the Motor Carrier safety provisions in Title 65, to implement similar exemptions for small business vehicles.

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Norris Bill Restores Counties’ Right to Produce Asphalt

NASHVILLE --- A bill sponsored by Senate Transportation Chairman Mark Norris (R-Collierville) will restore the option for local governments to operate their own asphalt plants in order to save money for county taxpayers. The bill passed the Senate Transportation Committee unanimously today and will be scheduled for a vote by the full Senate next week.

Norris’ bill amends a 1976 law prohibiting county governments from owning or operating asphalt plants. The law resulted in some counties being unable to obtain more than one asphalt bid for their road building jobs, resulting in higher costs to taxpayers.

Senate Bill 1646 restores the option for counties to own or operate a hot mix asphalt production facility if the local government can satisfactorily demonstrate a need for the facility after conducting a cost and benefits analysis.

Norris said the ultimate goal is balancing concerns about government competing with private businesses with concerns that taxpayers’ money be used efficiently.

“There was significant interest from the counties to pursue this option,” Norris said. “While not all of them will actually begin operating asphalt plants, they did not want to be denied the opportunity should it make economic sense.”

Norris credits several groups for assisting in the effort.

“The Tennessee County Highway Officials Association was instrumental in bringing the issue to the table,” Norris said. “In years past, they couldn’t even find a sponsor. This year, they did their homework.”

“The Tennessee Road Builders Association also played a key role in making this a reality,” Norris said. “Their experience, professionalism and insight proved to be invaluable. They are truly committed to assuring the best product at the best price.”

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Senate Gives Green Light to Public Charter Schools

NASHVILLE—This week on Capitol Hill, Senator Jamie Hagood (R-Knoxville) got the green light from the Senate to make major improvements in Public Charter Schools law by making public charter schools more accessible, more accountable, and more flexible, all with the primary focus now being on the child and not on a failing school. The measure passed with strong bipartisan support in a 21-10 vote. The bill was co-sponsored by Senator Mark Norris (R-Collierville).

The changes will strengthen Tennessee’s current public charter schools program by expanding enrollment opportunities for more at-risk students and by granting administrators more control in managing their public charter schools.

The bill, Senate Bill 2167, was approved by the Senate after hours of debate and procedural jockeying as opponents of the measure tried to delay a vote on the bill.

“Success will be the ultimate test,” stated Senator Hagood in urging passage of the bill. “We want to give these children the opportunity they need to succeed in life. In the past, the focus has been on bricks and mortar, on failing schools, and not necessarily where it should be, on the child and what is in the best interest of the child. This gives children the chance they need to succeed.”

“The Senate Republican Majority Caucus is especially proud of Senator Hagood’s handling of this landmark legislation,” stated Senate Republican Caucus Chairman Jeff Miller (R-Cleveland). “She did an outstanding job this year as Senate Education Chair and did a fantastic job on the Senate floor with this legislation. She was very capable in fending off hostile amendments to her bill on the floor, while showing her willingness to work closely with the other side of the aisle in accepting their proposed amendments which made a great bill all the better. The broad base of bipartisan support for the final Senate Bill was the well-deserved result of months of efforts on her part. It’s up to the House now. We hope they also support giving children a chance to succeed in school and in life through new opportunities provided through public charter schools.”

The changes contained in Senator Hagood’s bill would be the first to Tennessee’s law since approval of the Public Charter Schools Act of 2002. These changes were prompted by state test results that show students in Memphis’s first three public charter schools last year outperformed their peers across the Memphis City Schools district in major subject areas.

Senator Hagood successfully negotiated her way through 15 amendments, not counting amendments to amendments, to send the bill to the House of Representatives.

Now it’s up to the Democratically-controlled House leadership to decide on whether or not to provide at-risk children additional opportunities to succeed in school and in life or whether to hold them back. Proponents of the measure are for allowing children the chance for success.

This week prior to the Senate passage, the House K-12 Subcommittee deferred action on the House companion bill, House Bill 2137. That bill was reset for Tuesday, May 10.

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Ketron Bill Seeks Healthier School Students

Senator Bill Ketron (R-Murfreesboro) brought a bill this year to encourage better health in our public school population, a goal he has had since first being elected to the Senate in 2002. Senate Bill 1231 enacts the Tennessee Student Health Act and is permissive legislation.

This bill would allow each local education agency (LEA) to create a student health advisory council to coordinate health curriculum components in a coordinated health school program and advise the LEA on nutrition, health, and physical fitness components to include in the program. The council would be composed of members of the community knowledgeable concerning education, nutrition, health and fitness. The goal is for every public school student in K-8 to participate in physical education the entire school year. The State Board of Education would have a Director of Physical Education to help provide a program of instruction including physical education academic content standards.

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Ethics Residency Bill Advances

Even before the governor signed the new Ethics Bill into law on Wednesday, Senator Jeff Miller moved SB 907 through Senate State and Local Government Committee to require a person to live in the House or Senate district which they seek to represent.

“This ethics law is long overdue and is much needed. Legislators who represent the voters really do need to live in the districts which they represent. That is just plain common courtesy to the voters and ensures the integrity of the process,” stated Senator Miller.

The bill would not allow the use of a business address used solely for business or commercial use. Zoning laws in many parts of the state do not allow residential use of a business.

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Purple Heart Plates Provided at Regular Plate Rate

Senator Tim Burchett (R-Knoxville) moved SB 759 through the Senate to allow Purple Heart Medal holders to be provided the Purple Heart specialty plate at the regular plate price instead of having to pay an additional cost. All members of the Senate signed on to the bill.

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Senate Executive Highlights – April 29-May 5, 2005

· Budget issues: Changes, hold-ups, and concerns

· Gov wants to continue with proposed budget, adding $100 million TennCare contingency

· TennCare Budget STILL held in Senate Commerce; changes may be proposed May 10

· Ethics Update

· HB1/SB1841 Ethics Reform Bill signed by Governor on Wednesday, May 4

· SB907 Ethics Residency Bill by Miller passed Senate State & Local Government

· SB2215 Voter Registration Residency Bill passed Thursday, May 5

· Faulty Guardrails installed for 15 years: All guardrails to be inspected, costing $ Millions

· Governor seeks review of alleged insider dealing on contract by Tourism Department

· TennCare remains an important focus

· Federal District Judge Haynes blocks state’s disenrollment procedures

· State asking for expedited appeals hearing in order to proceed with disenrollment

· Disenrollment delay costs about $1.5 million per day or some $44 million per month

· TennCare disenrollment of up to 323,000 enrollees had been set to take effect in August

· Gov wants to keep 97,000 medically needy enrollees on TennCare = 226,000 disenrollees

· Cost for 97,000 more on rolls: $100 million; $75 million one-time, $25 million yearly

· Gov’s deal with George Barrett and Ted Carey on Grier to go before Judge Nixon

· Pharmacy benefits court hearing delayed until June 6 (Grier consent decree)

· Health Care Safety Net Task Force report due sometime soon

· BlueCross/BlueShield to test electronic medical records processing

· Bills/Actions in Progress

· Pre-K Expansion Proposal, SB2317/HB2333

· Pre-K Bill held in Senate FWM due to concerns over lawsuits on inequities

· SB303 by Ketron requires DL written test in English; set on Senate Calendar May 11

· SB303 as amended allows Driving Certificate written test in other languages

· Senate Bill 2062 by Norris for Shelby Special School Districts passed the Senate Education Committee.

· SB327 by Miller for use of Living Wills with DL process on Senate Calendar May 11

· Bills passed Senate

· SB2032 by Norris passed unanimously exempting intrastate business vehicles under 26,000 pounds from Federal Regulation.

· SB2167 Public Charter Schools Bill by Hagood passed 21-10-1-1

· HB445/SB247 by Finney permits student report cards on body mass index screenings

· SB2225 by Tracy allows licensing physicians for volunteer out-of-state charity work

· HB100/SB788 by Burchett increases criminal littering penalties; passed 27-2

· SB961 by Norris requiring that every driver exercise “due care.”

· Bills & Resolutions Filed as of print time May 5, 2005:

· Number Filed: SB 2398, HB 2414; SJR 307, HJR 556; SR 36, HR 104

· Record number of bills filed for first year of a General Assembly

· Public Chapters up to PC 101 as of April 25; Private Acts up to Chapter 35 as of April 22

· Senate Ethics

· Special counsel from AG’s Office still conducting investigation & discovery on Ford

· Medicare Fraud Unit; TBI; Nashville U.S. Attorney; Memphis grand jury; Milwaukee

· Questions on Omnicare, Managed Care Services Group, Doral Dental ties

· Questions on Access MedPlus, Xantus reinsurance with Oseman Insurance

· Oseman confirms insurance relationships

· State pulling TennCare dental contract away from Doral Dental

· Osbie Howard has resigned from United American Health Care, Omnicare’s successor

· Omnicare at one step below receivership; parent UAHC said to have paid Ford $420,500

· TLC Family Care Healthplan ends relationship with Oseman Insurance

· Former TennCare officials last week stated Ford approached them on behalf of Omnicare

· This week Governor says Ford approached him wanting more business for Omnicare

· NEXT WEEK:

· Registry of Election Finance has May 11 Show Cause Hearing on Ford wedding

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All things considered:

As of noon Thursday, there are 2,398 Senate Bills; 2,414 House Bills; 307 Senate Joint Resolutions; 556 House Joint Resolutions; 36 Senate Resolutions; and 104 House Resolutions.

The Secretary of State has assigned 101 Public Chapters and 35 Private Acts. The Senate has used 37 days and the House has used 38 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 is to convene on Monday at 5 p.m.; the House at 4 p.m.

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