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Norris Seeks Immigration Enforcement 

NASHVILLE—Senate Bill B2426, sponsored in the Senate by Senator Mark Norris (R-Collierville) would authorize Tennessee Highway Patrol (THP) officers to receive federal training in immigration and customs enforcement.  The primary goal of this legislation is to curb Tennessee’s growing problem with illegal immigration.  

The bill would give federally trained and certified state troopers the authority, in the course of their regularly assigned duties, to detain, interrogate, and arrest illegal aliens.   

The bill is co-sponsored by Senator Rusty Crowe (R-Johnson City) and has received overwhelming support in the House, including prime sponsor Dolores Gresham (R-Somerville) and co-sponsors Rep. W.C. “Bubba” Pleasant (R-Arlington), and Chris Crider (R-Milan)

Since 1996, Code Section 287(g) of the Immigration and Naturalization Act, as later amended by the Homeland Security Act, has given state government the ability to enforce federal immigration law when adequate training and supervision is provided by federal authorities. Tennessee has not previously taken advantage of this opportunity. 

Funding for the project may have been an issue for cash-strapped states in the past, but that is no longer the case because the president signed legislation into law on Oct. 18, 2005, to provide funding for this specific training as part of the Homeland Security Appropriations Act.  

To participate, Tennessee must enter into a Memorandum of Understanding with the Department of Homeland Security which requires legislative action by the General Assembly.  

Many lawmakers and citizens believe the state needs to address the serious issue of illegal immigration much more effectively than it has in the past.  This training should improve both law enforcement and homeland security efforts.  It also will help protect those who are lawful residents of Tennessee, both foreign and domestic, from criminal and terrorist activities committed by those who would seek to do our nation, our state, and our communities harm. 

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Norris Sponsors Legislation to Further Strengthen Sexual Predator Laws 

NASHVILLE, Tenn.  --- State Senator Mark Norris (R-Collierville) filed four bills to further strengthen sexual offender laws and to address recently exposed loopholes in Tennessee’s registration requirements.   

     “We encountered a man required to register as a sex offender in his home state of Florida as a condition of a plea agreement,” Norris said.  “When he relocated to Collierville, because there was no true ‘conviction’ recorded due to his no-contest plea, he was able to skirt Tennessee’s registration requirement.” 

     Senate Bill 2710 specifically closes that loophole and additional bills will require a license designation for immediate disclosure to law enforcement officers.  Norris has also proposed fine increases for non-compliance and inclusion of “no contest” pleas in registration requirements.   

     Norris said the bills provide overlap protection to help ensure no convicted sex offender escapes regulation in Tennessee. 

     The legislative effort includes: 

  • Senate Bill 2708 requires offenders to carry photo identification and/or a driver’s license at all times.  Further, such driver’s license or photo identification must bear a designation sufficient to enable a law enforcement officer to identify them as a sexual offender or violent sexual offender. 

  • Senate Bill 2709 increases the minimum punishments for both first and repeat violations of registration laws resulting in a fine not less than $500 and imprisonment of not less than six (6) months.  A second violation is punishable by a fine of not less than $1500 and imprisonment for not less than two (2) years.

  • Senate Bill 2710 requires anyone who must register as a sexual offender in another state who establishes a residence here also be required to register as a sexual offender in Tennessee. 

  • Senate Bill 2711 requires a person who enters a plea of “nolo contendere” or “no contest” to a sexual offense in another state to register as a sexual offender upon moving to this state. 

     “My goal in preparing these bills is to create a blanket of overlap protection wherein all the statutes work together to help protect the children in our communities,” Norris said.   

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Senate Transportation Committee Reviews

Rescission of Federal Highway Funds 

NASHVILLE, Tenn.  --- The Senate Transportation Committee, chaired by Senator Norris, heard testimony from TDOT officials Wednesday on the impact of the unanticipated rescission of transportation funding by the federal government in December.  

     Tennessee will lose $60 million in federal funds which had been budgeted for projects scheduled in the current fiscal year. 

     The loss of federal funds adversely affects Tennessee’s transportation budget during the current fiscal year and potentially threatens a variety road projects throughout the state.  

     “The alarming part is that this affects us in this current year,” Norris said.   

     The rescission resulted from adjustments made late last year in federal appropriations and defense budget bills. The adjustments were made to offset increased expenditures occasioned by “earmarks” in last year’s transportation bill.  That legislation actually increased the amount of federal funds Tennessee will receive over the next decade. Tennessee currently receives 86 cents for every dollar it sends to Washington, which will increase to 91 cents by 2008.  In the meantime, however, the rescission adjustment means a 20% reduction in the budget.     

     The situation is further exacerbated by the governor’s continued diversion of funds from Tennessee’s dedicated road fund.  In the first year of the Bredesen Administration, $60 million in transportation revenues were diverted to non-transportation uses. The diversion of funds has continued despite concerns expressed by Norris and others.  To date, more than $217 million has been diverted. 

     “If we had retained those funds, the adverse impact of the federal rescission could have been averted,” according to Norris.   

     Last August, Norris requested a restoration of these funds but received no commitment from the administration. 

     Norris said the state faces a challenging environment within which to meet the state’s infrastructure needs. 

     “We continue to face obstacles funding our state’s infrastructure.  These dollars go straight to aging bridges, highway improvements and maintenance,” Norris said.  “Continued neglect of these projects only increases future costs.”   

     Several committee members also expressed concern regarding lack of notice by Tennessee’s congressional delegation.

Visitors this Week 

Our visiting groups this week included Dyersburg Leadership, Bartlett Leadership and the Shelby County PTA.  

Representatives from the Shelby County PTA with Senator Norris.  Representatives from the Shelby County PTA with Senator Norris. 

We were honored to host the Dyersburg Leadership Group this week.   We were honored to host the Dyersburg Leadership Group this week.   

Senate Education Receives BEP Recommendations 

Dr. Gary Nixon of the Tennessee Board of Education presented the Basic Education Program (BEP) Review Committee Report recommendations to the Senate Education Committee on Wednesday. 

The report recommended moving forward with comprehensive, simultaneous, and timely improvements to the BEP that included four components.  Those four components are:  

1. The implementation of a system-level fiscal capacity index (including consideration of the Tennessee Advisory Council on Intergovernmental Relations prototype or other alternatives), 

2. An increase in funding for at-risk and English Language Learners or ELL students, formerly categorized as English as a Second Language (ESL) students, 

3. The elimination of the Cost Differential Factor (CDF) in the BEP formula, and  

4. The increase of the BEP instructional salary state share back to a 75-25 state-local ratio from the current 65-35 ratio. 

If adopted, the recommendations would be implemented in a gradual but timely manner, and in such a way as to ensure that all school systems are indemnified during the process.  

Current law states in TCA 49-3-356: “It is the intent of the General Assembly to provide funding on a fair and equitable basis by recognizing the differences in the ability of local jurisdictions to raise local revenues.” 

Not everyone was happy with these recommendations.  However, the topic of how to improve fairness and equity in the BEP funding formula will remain before Senate Education.  

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Senate District 29 Special Election Panel

Obtains Independent Counsel

Members of the Ad Hoc Committee for the Special Election Contest for Senate District 29 met briefly Wednesday over the disputed election that resulted in Ophelia Ford replacing her brother John Ford in the Senate.  Former Sen. Ford was indicted last May 26 in Tennessee Waltz. 

The Committee voted to obtain retired Court of Appeals Judge Ben Cantrell to guide the committee on how to proceed forward with a recommendation in view of the federal court’s intrusion into a state Senate election contest matter.   

"I think his credentials are above reproach," said Senator Mark Norris. "He's well known to many across the state. I think he'll be above partisan politics." 

Additionally, the state Attorney General’s Office gave a brief update on the current status of its federal appeal to the 6th Circuit Court of Appeals.  Briefs and filings are still in progress. 

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Special Session Bills Now Posted Online 

            The governor signed all three bills passed during the Special Session on Ethics on Feb. 15 and the Secretary of State has assigned them public chapter numbers and posted them online as part of his routine publication process. ( http://www.tennessee.gov/sos/acts/index.htm

Public Act 1 of the 2006 Extraordinary Session is the Comprehensive Governmental Ethics Reform Act of 2006. ( http://www.tennessee.gov/sos/acts/104/pub/pc0001EOS.pdf )  Note that SB1 and HB1 of the 2006 Extraordinary Session are tagged as SB7001 and HB7001 for bill tracking purposes. 

            Public Act 2 of the 2006 Extraordinary Session is relative to criminal offenses involving bribery.

(http://www.tennessee.gov/sos/acts/104/pub/pc0002EOS.pdf )  The new law increases the penalty for bribery of a public official from a Class C felony to a Class B felony.  Note that SB3 and HB4 of the 2006 Extraordinary Session are tagged as SB7003 and HB7004 for bill tracking purposes. 

            Public Act 3 of the 2006 Extraordinary Session makes appropriations for the purpose of defraying the expenses of the state government. The appropriations in this act specifically fund the Special Session and the two bills which became Public Acts 1 and 2.  This includes funding the new Ethics Commission. Additionally, the General Assembly approved funding to increase public access to state government. 

(http://www.tennessee.gov/sos/acts/104/pub/pc0003EOS.pdf ) Note that HB6 and SB4 of the 2006 Extraordinary Session are tagged as HB7006 and SB7004 for bill tracking purposes. 

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