May 16, 2005                                         

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

After A Decade of Effort, Norris Succeeds with Special Shelby School District Legislation  

NASHVILLE --- Following a decade of effort by State Senator Mark Norris (R-Collierville), legislation passed the Senate this week enabling the creation of a special school district in Shelby County. 

Senate Bill 2062 passed the Senate unanimously on Wednesday, May 11.  

The legislation gives Shelby County the option to convert to a special district and allows Shelby County Schools to establish permanent, fixed boundaries and raise funds beyond those appropriated by Shelby County subject to legislative approval.    

The bill’s passage reflects a major legislative achievement denoting Norris’ experience in both state and county government.  

“I have an extensive history with the special district issue,” Norris said.  “I have viewed conversion to a special district as the key for many years, first as a Shelby County Commissioner and then into my tenure as State Senator for the area.  I am extremely proud we have passed this legislation.”  

Norris said the bill is the best solution for the area’s education funding dilemmas. 

“This enhancement allows for the option of a smaller, more effective school system,” Norris said.  “It provides 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 Bill Protecting School Funding Passes Senate

NASHVILLE --- Senate Bill 1967, sponsored by State Senator Mark Norris (R-Collierville), has passed the Senate unanimously. 

The legislation requires that tax abatement incentives offered by municipal legislative bodies to lure companies to Shelby County safeguard at least 25% of revenues earmarked for education.

The bill codifies an administrative policy implemented by county government when Norris was a county commissioner.

PILOTS, or payments in lieu of taxes, are often negotiated to lure prospective plants and industries to locate or expand. They have come under increased scrutiny as funding for education and debt retirement has taken center stage.

Norris serves on  the Tennessee Advisory Council on Intergovernmental Relations. In a study released last year, TACIR reported that, of 95 counties in Tennessee, Shelby County has waived more than half of the taxes due statewide.

Norris’ bill establishes a minimum floor that locks in a percentage of funds to be allocated for education. 

“This legislation simply requires that a percentage of the taxes that would have been due be earmarked for education,” Norris said. 

The companion bill, House Bill 1377 sponsored by Rep. Curry Todd (R-Collierville), is now before the House Finance Ways and Means Budget Subcommittee. 

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Jobs Growth Act Passes Senate 

The Senate unanimously approved HB 2287/SB2272, co-sponsored by Senator Mark Norris (R-Collierville) to create a FastTrack infrastructure development and job training assistance program in the Department of Economic and Community Development to assist businesses that create or retain jobs in Tennessee.  The bill is called The Tennessee Job Growth Act.  It is funded in the budget. 

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Pre-K Bill Approved by Senate 

NASHVILLE—This week on Capitol Hill, the expansion of the Pre-K Program, HB 2333/SB 2317, passed the Senate in a 27-2 vote Thursday.  The bill, as originally proposed, would add $25 million as a first step to a statewide program that could reach $276 million annually. 

Concerns arose about the ultimate cost to the state and possible lawsuits that might stem from the bill as first conceived.  A Senate Republican Majority Caucus initiative, approved as amendments, limits the program to focus on helping at-risk children, those who can most benefit from a Pre-K program.   

The amendment achieved broad bipartisan support.  To expand the Pre-K Program beyond at-risk children in the future, it would have to come back before the legislature.  Also, it places a $25 million cap on the use of lottery funds and it requires local education agencies to collaborate with existing local Pre-K programs. 

The bill allows additional flexibility in who can work in the Pre-Ks, taking into account the needs of rural areas.  This flexibility was added in Education Committee at the request of Senator Jim Tracy (R-Shelbyville), along with language giving preference to at-risk children. 

The bill returns to the House to concur in Senate action. 

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Lottery Scholarship Process to be Less Intrusive 

The Senate approved Senate Bill 235 by Senator Jeff Miller (R-Cleveland) in a 23-8 vote Wednesday to allow applicants to use a less intrusive state form when applying for the HOPE lottery scholarships.  Currently, the state uses the Federal Application for Student Aid (FAFSA) form.  The bill was co-sponsored by Senator Mark Norris (R-Collierville).

“It’s intrusive.   Lottery scholarships are not means-tested.  This is not what we voted for our constituents to have to go through to get Hope scholarships.  These intrusive forms discourage some people from applying,” stated Senator Miller in presenting his bill on the floor. 

Georgia, after which the Tennessee Lottery is modeled, uses a simple one-page form instead of the FAFSA form which uses a 6-page worksheet 

Students applying for needs-based scholarships or loans under other programs which require means-testing based on income and/or assets would still be required to complete the federal form. 

The House has yet to act on the bill to make state government less intrusive. 

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Bill Seeks to Restore PE to Schools 

The Senate unanimously approved SB 1231 by Senator Bill Ketron (R-Murfreesboro) to encourage better health habits in public school students.  Senate Bill 1231 enacts the Tennessee Student Health Act and provides maximum flexibility to local education agencies (LEAs).  Physical education has not been required in Tennessee schools since 1993. 

SB 1231 requires each 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 of the law 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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Bill to Expand UT Board of Trustees Approved 

The Senate gave unanimous consent Monday to Senate Bill 1652, sponsored by Senator Jamie Hagood (R-Knoxville), in order to add two appointed members to the University of Tennessee Board of Trustees.  The Senate Education Committee, chaired by Senator Hagood, had recommended approval of the measure last week during its final meeting. 

The measure will allow for more input and involvement from both the faculty and the students and also provide fairer representation among the schools in the UT System.  Students and faculty are key stakeholders in the higher education system.  This bill will encourage even more participation on their part in how the UT System is governed.

Senate Bill 1652 would add an additional faculty trustee and an additional student trustee to the UT Board of Trustees with the appointments rotating among schools in the UT System.  Also, the measure would change the terms of the appointments from a state fiscal year (July 1 to June 30) cycle to a June 1 to May 31 cycle which more closely aligns the faculty and student appointments to the academic year.

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Children to be Protected from Mercury in Shots 

SB 1616 by Senator Diane Black (R-Gallatin) received the unanimous approval of the state Senate on Wednesday to prohibit vaccinations administered to children under eight years of age from containing mercury-based preservatives. 

Senator Black, a registered nurse by profession, and Senator Raymond Finney (R-Maryville), a retired pathologist and prime co-sponsor of the bill, spoke passionately on the need to reduce the exposure of children in their formative years to any vaccines containing mercury. 

The bill requires insurers who cover vaccinations to charge the same percentage fee for vaccines that do not contain mercury-based preservatives as they do for those that do have them. 

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Coming to the Senate Floor this Week 

SB 1968 by Norris concerning tort liability and reform to facilitate intergovernmental agreements for the provision of emergency services. The need for this became apparent last year when two citizens died from heart attacks after the county had difficulty timely dispatching ambulances. One case involved former Mayor Wyeth Chandler who died while mowing his lawn. The legislation requires that municipalities provide updated maps and lists of streets affected by recent annexations and further provides protection from liability. 

SB 1627 by Norris to require that applicants for handgun permits be United States citizens. 

SB 2064 by Norris to provide notice to purchasers of real property that premises had been the site of a methamphetamine lab. Also provides means by which certification of decontamination may be registered. 

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Senate Executive Highlights – May 6-12, 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

·        ECD Budget recalled to Senate Commerce over special appropriations to some entities 

Ethics Update

·        HB1/SB1841 ETHICS BILL assigned Public Chapter 102

·        SB2215 Voter Registration Residency Bill passed the House Thursday, May 12

·        Governor removes his top legislative lobbyist; investigator shredded documentation 

TennCare remains an important focus

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

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

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

·        Cost to keep 97,000 on rolls: $100 million with $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 

Bills/Actions in Progress

·        SB2064 Meth Contamination Bill by Norris passed Senate Judiciary

·        SB222 Drug Dealer Liability Act by Miller passed Senate Judiciary

·        SJR44 on Hunting Constitutional Amendment amended again and is being reread 

Bills passed Senate

·        Senate Bill 2062 by Norris creates Shelby County Special School Districts

·        HB2333/SB2317 Pre-K Expansion Proposal limited to at-risk children

·        Senate Bill 2272, co-sponsored by Norris, creates job growth

SB1652 by Hagood adds one student and one faculty member to UT Board of Trustees

·        SB645 by Hagood allows stalking and assault victims to obtain orders of protection

·        SB595 by Finney urges Education to develop sexual violence awareness curriculum

·        SB2149 by Burchett prevents shipment and delivery of tobacco to minors

·        Senate Bill 1967 by Norris protects education funding  

Bills & Resolutions Filed as of Thursday, May 12, 2005

·        Number Filed: SB 2401, HB 2417; SJR 383, HJR 628; SR 38, HR 120                 

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

·        Public Chapters up to PC 156 as of May 9; Private Acts up to Chapter 50 as of May 9 

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 have stated Ford approached them on behalf of Omnicare

·        Governor has stated Ford approached him wanting more business for Omnicare

·        Governor says he will talk to the TBI about the alleged incident

·        Ford says Governor is mistaken; claims he did not talk to Governor on it

·        TennCare threatens fines to UAHC, wants list of Omnicare contacts with other legislators

·        TennCare threatens to withhold payment to Doral Dental

·        Registry of Election Finance fined Ford $10,000 over wedding expenses; to be appealed 

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All things considered:  

As of 2:00 p.m. Thursday (May 12), there are 2,401 Senate Bills; 2,417 House Bills; 383 Senate Joint Resolutions; 628 House Joint Resolutions; 38 Senate Resolutions; and 120 House Resolutions.  The Secretary of State has assigned 156 Public Chapters and 50 Private Acts.  The Senate has used 40 days and the House has used 41 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 set to convene on Monday at 4:00 p.m.

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