March 20, 2006                                   

From Mark’s Desk 

Emergency Un-Preparedness?

Dear Friends,

Last year, when I became Chairman of Senate Transportation and Safety, I asked to meet with TEMA and the Highway Patrol. I wanted to know the plan for action in the event of a natural disaster, such as an earthquake.

Ironically, the next morning, there was a small earthquake in West Tennessee. No significant damage that time. Had there been, however, I didn’t even have a central number to call that day to assure that an appropriate response was under way. Most legislators still don’t.

I undertook the task of trying to understand the state’s plan on my own just before Hurricane Katrina struck and requested the Emergency Management Plan mandated by the General Assembly.

The plan itself is a cumbersome three-ring binder containing over 300 pages. Not exactly the field strategy guide I expected, but more along the lines of a heavy Memphis yellow pages phonebook. The difference is that our emergency plan lacks key contact information and a well-coordinated action plan that ordinary citizens can understand and use.

So I wrote the Governor a nice letter and suggested that we discuss ways to make the emergency plan a little more “user friendly” just in case we ever needed to really use it. Something practical.

No response. Not even a form letter.

Then I met with the good folks at TEMA and wrote another letter. I even suggested to the Deputy Governor that perhaps there should be a meeting with the Governor, Senate and House Transportation Committee officers.

Again, no response.

Exasperated, I referred to the “plan.” I found that TDOT and the Department of Safety shoulder the key responsibilities in the event of a catastrophe.

With the recent problems and turnover at the Department of Safety, are the new replacement leaders aware of their departments’ assigned responsibilities in the event of disaster?

To be fair, the Administration is scrambling to come up with a new plan sometime in April. However, I am concerned that we are exercising too little concern at far too slow a pace.

Avian flu is a case in point. The state’s Influenza Pandemic Response Plan is three years old and primarily for the scenario of flu for which there will be some sort of vaccine. No vaccine exists for Avian flu at this time.

Avian Flu is what the state’s plan refers to as the “worst case scenario.” Measures include declaration of emergency by the governor and activation of … you guessed it -- the Emergency Management Plan they’d use in case of a tornado.

Enter the three-ring binder.

When citing what happens after a declaration of emergency, the plan states that emergency resources will be allocated “as required under the authority of Executive Order #15 and the Tennessee Emergency Management Plan (TEMP).”

The only problem is that Executive Order #15 has nothing to do with emergencies or preparedness or flu; it is an order establishing “the Fast Track Business Initiative” under the Department of Economic and Community development!

Does anybody read this stuff?

During upcoming budget hearings for the Departments of Transportation and Safety, the Transportation and Safety Committee will want to know how this Administration plans to budget for these real needs, and how it plans to meet them.

We can only hope for an appropriate response.

First Day of Spring Marks National Agriculture Day 

          Norris Resolution Celebrates Agriculture Week March 19-25 

     SJR 610, sponsored by Senator Norris, passed the Senate unanimously declaring March 20, 2006 “National Agriculture Day” and the week of March 19-25 “National Agriculture Week” in Tennessee. 

     Norris says it is important to recognize the important role agriculture plays in the daily lives of Tennesseans and all Americans. 

     “Agriculture is Tennessee’s largest industry generating billions of dollars in gross annual income and more than 200,000 jobs,” according to Norris. 

     Tennessee’s beautiful landscape boasts 87,000 farms over 11 million acres. Norris and his family live on a farm in Shelby County. 

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Senior Citizens’ Homestead Exemption Bill Advances 

     SJR1, Senator Norris’ Senior Citizens’ Homestead Exemption legislation, passed the Senate Judiciary Committee this week.   

     Introduced by Senator Norris in 2004, the bill calls for a referendum on amending the Tennessee Constitution in November 2006 to allow property tax relief for Tennesseans 65 years of age and older. 

     The Constitution requires that proposed referenda, if adopted in two, consecutive General Assemblies, be placed on the ballot in the next Gubernatorial contest. Norris passed the Resolution by overwhelming majorities during the 103rd General Assembly. He must do so again this year by two-thirds in the Senate and House. 

     “Passage through the judiciary committee moves the bill one step closer to helping senior citizens on fixed incomes,” Norris said. “They should not be forced to choose between paying for property taxes or prescriptions.” 

     The bill is scheduled for hearing before the Senate State and Local Government Committee on Tuesday. 

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Senate Bans Protests at Funerals 

     Senate Bill 2660, sponsored by Senator Diane Black (R-Gallatin), bans protests within 500 feet of a funeral.  The full Senate approved the bill unanimously on Monday.  This legislation is designed to address a growing problem with the recent disturbances at funerals by protesters.  These protests have particularly targeted military members who served our country in combat.  Family members and friends of all deceased persons deserve to be shown decency and respect from others so that they can hold a solemn ceremony for their loved ones.

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Police Radar Anti-Jamming Bill Takes Fast Track

     Senate Bill 3702, sponsored by Senator Jamie Woodson (R-Knoxville), to ban the sale, possession, and use of radar and laser jamming devices passed unanimously out of the Senate Judiciary Committee Tuesday.  The Senate Clerk played a recording of an egregious commercial as part of the presentation to members on the need for the bill.

     The sponsor explained that these jamming devices serve no other purpose than to interfere with law enforcement’s efforts to keep our highways safe.  The makers of these jamming devices have been running commercials encouraging people to break the law and endanger the public.  The commercial goes so far as to brag about the number of states where the devices are illegal.  They even offer to pay for any traffic tickets received when using them.  The state needs to send the makers of these jamming devices a very loud and clear message that products designed to encourage people to break the law in Tennessee are illegal.

     The bill would create a Class C misdemeanor offense for the possession or sale of a radar or laser jamming device or for operating a motor vehicle with such a jamming device in the vehicle.  Additionally, the bill would create a Class B misdemeanor for the use of a radar or laser jamming device for the purpose of interfering with radar or laser law enforcement equipment.

Senator Tim Burchett (R-Knoxville) is co-sponsoring SB 3702.

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Expanding the Right to Self-Defense 

     Senate Bill 2672, the Tennessee Castle Doctrine Bill sponsored by Senator Don McLeary (R-Jackson), seeks to expand the right of self-defense.  The bill would extend that right to permit a person to use the same deadly force now allowed in a person's residence to the immediate area and buildings around the residence and to other dwellings and vehicles.  The bill, also known as the Stand Your Ground Bill, is scheduled for a hearing in Senate Judiciary Committee next week. 

     “All law-abiding citizens have an innate right to self-defense, whether they are in their home, their barn, or their car,” stated Senator McLeary.  “A person’s home is that person’s castle is a long-recognized principle that has been eroded away over the years.  This bill will help restore our self-defense zone.” 

     “Individuals have a right to stand their ground.  There should never be a duty to retreat when you are confronted by someone who is threatening your life or a loved one just because you are in an outbuilding or in your vehicle instead of being inside your home at that particular moment.  If enacted into law, this will reverse the pendulum swing that for far too long has swung in the direction of protecting the rights of criminals over the rights of victims,” concluded Senator McLeary. 

     Senator McLeary’s bill would expand the Castle Doctrine to include the buildings and curtilage around a dwelling – including a temporary dwelling, such as a mobile home or tent – and to vehicles which would allow a person the use of self-defense against carjackers.  His bill also expands the use of self-defense when protecting a third party, such as a relative or an invited guest who is staying in someone else’s home.  It would also require an aggressor who is injured by someone who exercises the right of self-defense and who sues in civil court to pay all legal costs. 

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