March 27, 2006                                   

From Mark’s Desk 

Dear Friends, 

     The Governor has finally announced he will host the Secretary of Health and Human Services at a “pandemic conference” in Nashville next month. 

     While state officials are slowly moving forward, I am concerned there is still a lack of organization on actual disaster planning.  As I have discussed numerous times, significant loopholes exist in our emergency preparedness plan, specifically with regards to the risk of a Pandemic Flu outbreak.                    

      Back on February 8th, Dr. Kelly Moore, the state’s Pandemic Planning Coordinator, made a presentation at the General Welfare Committee. Keep in mind this isn’t information from a media blog or some third-rate source, it’s the State of Tennessee’s expert.   Here is a summary of what she said: 

 - The Department of Health and Human Services recommends that we plan for a “severe scenario.” 

 - 30% (1.8 million) will become ill in Tennessee. 

 - 900,000 will require care, 200,000 of whom will require hospitalization. Almost 30,000 will require ICU care. 

 - 2% of the population (38,000) will die. 

 - It will not be possible to provide healthcare as usual.  

 - Personnel absence will be up to 40% due to illness, fear or to care for sick family members. 

 - Communities should plan to respond with their own resources and not rely on outside help. 

 - To slow the disease, “social distancing” will be necessary: closure of schools, public gatherings, and mass transit for essential purposes only. 

 - “Degree of enforcement depends upon the severity of the pandemic.” 

     In January, Tennessee reportedly received $1,921,423 from the federal government for state pandemic influenza preparedness. When I asked Dr. Moore how we were spending the money on February 8, she responded that were awaiting federal guidance on how to spend the money by February 22.  

     Turns out, there is more red tape involved than advertised. 

     Tennessee actually received only 20% of those funds, and that portion arrived just last Tuesday.  The State is required to “apply” for the remaining balance through a grant approved by the Centers for Disease Control (CDC).  It is estimated that we can hope to see the rest of the funding sometime in May. 

     In addition, this first phase of funding disallows any purchase of anti-viral medications.  Getting those funds requires another round of grant-writing in September.  That’s not the State’s fault:  the federal government is negotiating purchase contracts to obtain better pricing on the medications. 

     The State Department of Health hopes to have an updated Pandemic Plan sometime in May.  They are also working on a “draft” on how they’ll utilize the nearly $1.9 million in funds.   

     So even after the State gets these promised dollars, we don’t have a final list of how it’s going to be utilized aside from including local and regional health clinics.   

     By the way, the “Pandemic Summit” planned for April 10th in Nashville is required by the federal government to receive the $1.9 million.  The Summit itself is a cookie-cutter, pre-planned event to clear a hurdle for funding.  Most states have already held these meetings in order to meet the funding grant requirements.   

     It is important for the State to make every effort to obtain these funds from the federal government.  But we should also make every effort to know how we are going to use the money.   

     The Administration is making an effort, but again, we still lack an effective and efficient emergency preparedness plan.   

     Having cash in hand is a shoddy substitute for being prepared.   

Norris Self Defense Measure Passes Senate

Right to Keep and Bear Arms Essential in Emergencies 

NASHVILLE --- Legislation limiting the Governor’s power to both confiscate firearms and restrict the sale of ammunition during declared emergencies passed the Senate Monday night by a vote of 28 to 2.                                                 

     Senate Bill 2928, sponsored by Senator Mark Norris (R-Collierville), prohibits the governor from confiscating weapons from law-abiding citizens or restricting the ability to purchase guns and ammunition during times of natural disaster or declared emergency.   

      “The Second Amendment right to keep and bear arms is never more precious than during natural disasters or declared emergencies when self defense can be the key to survival,” Norris said.  

     In New Orleans, governmental confiscation of citizens’ arms sparked outrage in the aftermath of Katrina.  A federal judge later enjoined the City of New Orleans from violating Second Amendment rights after the National Rifle Association (NRA) filed suit. 

     “New Orleans citizens in lawful possession of weapons to protect their homes and families were forced to surrender those arms,” Norris said.  “We do not want a repeat of that scenario in Tennessee.” 

     Norris said emergency preparation is important, including self defense measures. 

     “We never know when disaster will strike.  Tennessee is vulnerable in many ways, and citizens may have to fend for themselves,” Norris said.  “In the event of a mandatory Avian flu quarantine, the ability to defend one’s home place and family in the absence of adequate law enforcement is essential.”   

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Senior Citizens’ Homestead Exemption Bill

Passes First Reading in Senate  

     NASHVILLE --- Senate Joint Resolution (SJR) 1, Senator Norris’ Senior Citizens’ Homestead Exemption legislation, passed the first of three required readings on the Senate Floor last Thursday, moving seniors one step closer to property tax relief. Second reading is scheduled on the floor tonight, March 27, with third and final reading in the Senate as early as Thursday, March 30.  

     First introduced by Senator Norris in 2003, 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. 

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Medical Professional Liability Bill Advances

Provides liability protections for medical professionals working in disaster areas 

NASHVILLE --- Senate Bill 2705, sponsored by Senator Mark Norris (R-Collierville), passed unanimously through the Senate State and Local Government Committee Tuesday.  The legislation provides liability protection for medical professionals treating those in natural disasters or declared emergency conditions. 

     “The bill’s purpose is to increase the availability of licensed physicians and medical professionals at ground-zero during a natural disaster or any site under declared emergency conditions,” Norris said  

     The legislation also includes protections for hospital staff and mental health professionals. 

     Norris said during the Hurricane Katrina disaster, many physicians and paramedics were reluctant to volunteer due to potential liability concerns. 

     “It was a worst-case scenario with people who needed medical attention, but little to no facilities available.  The physicians were literally performing field-medicine,” Norris said.  “The end result was a reduction in available care.” 

     “Tennessee law has long had protections for good Samaritans,” Norris said.  “This legislation simply extends that protection to medical personnel rendering care under emergency or disaster conditions.” 

     While the bill modifies liability, it does not omit any act of gross negligence or willful misconduct.   

     The legislation denotes Norris’ ongoing efforts to improve Tennessee’s emergency preparedness plans.  He said taking steps to ensure the services of medical personnel during a natural disaster is critical to a proper emergency response.   

     “Clearly, Tennessee’s Emergency Preparedness Plan has loopholes,” Norris said.  “During a worst-case scenario such as an earthquake or Avian Flu pandemic, we need laws in place that encourage health professionals to assist wherever possible.”  

     Senate Bill 2705 will next be scheduled for a full vote on the Senate floor. 

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Tennessee Castle Doctrine Bill Passes

Panel to Expand Right to Self-Defense   

     Senate Bill 2672, the Tennessee Castle Doctrine Bill sponsored by Senator Don McLeary (R-Jackson), passed the Senate Judiciary Committee Tuesday to expand the right of self-defense.  SB2672 extends the right to use 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 called the Stand Your Ground Bill, now goes to the Senate Calendar Committee. 

     All law-abiding citizens have an innate right to self-defense, whether they are in their home, their barn, or their car, explained the sponsor of the bill.  The long-recognized principle that a person’s home is a person’s castle has been eroded away over the years.  SB2672 is designed to 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, SB2672 will reverse the pendulum swing that for far too long has wrongly swung in the direction of protecting the rights of criminals over the rights of victims. 

     Senator McLeary’s bill, SB2672, 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 also allow a person the right to self-defense against carjackers.  His bill also expands the use of self-defense to 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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Anti-Jamming Bill Zooms Over to House

     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 through the Senate Thursday and zoomed over to the House for consideration there. 

     The sponsor explained in committee 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 in-your-face commercials which have the effect of 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. 

     A Class C misdemeanor offense is punishable with up to 30 days confinement or a maximum fine of $50 or both (TCA 40-35-111(e)(3)).  A Class B misdemeanor offense is punishable with up to 6 months confinement or a maximum fine of $500 or both (TCA 40-35-111(e)(2)). 

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

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Bill Waives College Tuition for Veterans 

     Senate Bill 2726, a Veterans bill to waive higher education tuition and fees which is sponsored by Senator Rusty Crowe (R-Johnson City), moved through the Senate Education Committee on Wednesday. 

     We need to show our admiration, honor, and respect for those who have served their country on the front lines of freedom, explained the sponsor.  One way we can do that is to allow tuition and fee waivers at state colleges and universities for dependents and spouses of prisoners of war and of deceased veterans who have been killed while fighting for our country. 

     According to the Bill Summary for SB2726, it adds three medals for the wars in Iraq and Afghanistan as qualifying periods of armed conflict for the purpose of providing educational assistance benefits (tuition waiver) for dependents of POWs or deceased veterans:  the Afghanistan Campaign Medal, the Iraq Campaign Medal, and the Army Combat Action Badge. 

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