April 3, 2006                                   

From Mark’s Desk 

Last week was bitter-sweet.

On the sweet side, the Senate finally approved my long-standing call for a referendum this fall to amend the Tennessee Constitution for senior citizens’ property tax relief. By a vote of 33-0, SJR 1, the “Homestead Exemption,” was approved last Thursday.

On the bitter side, there was the reminder that time is rarely on our side when it comes to the legislative process.

On the floor of the Senate, I read a letter received two years ago from 81 year old Ellen Chambers. Long-widowed, she lived on an annuity from her husband’s military pension. He fought in World War II and was recalled to duty three times. Her original home in Whitehaven had been taken by eminent domain to build the Memphis International Airport years ago, and she moved to Collierville.

When her furnace went out, she took an equity credit loan to repair it. Her grandson used to help cut her grass, but he took a full-time job after school and couldn’t help her any longer. The house needed paint, but she couldn’t afford to paint it. Her property taxes had increased by almost $1,000 in the last seven years. She had no additional income to pay the taxes.

She hoped we could pass the Homestead Exemption soon.

I tried to reach Mrs. Chambers on Thursday as I prepared to head to the Senate for the sixth and final vote required after two, successive General Assemblies since 2003. I wanted to share the good news. This was for her.

But her number had been disconnected. Information no longer had a listing for Ellen Chambers.

I could only imagine what has become of Ellen Chambers. I wish I could have done more for her and others like her. I wish we could have moved more quickly, but amendments to our Constitution were made difficult by design.

The House of Representatives will take up the Resolution for a Senior Citizens’ Homestead Exemption this week. Assuming it passes after three readings there, after three years of effort, the referendum will finally be on the ballot this coming November.

It may be too late for Mrs. Chambers, but it isn’t too late for others.

“To every thing there is a season….”  

Alabama Official Testifies on Immigration Training for Troopers  

Norris Bill Advances to full Senate Vote for THP Training  

NASHVILLE, Tenn.  --- Alabama Assistant Attorney General J. Haran Lowe, Jr., told the Senate Transportation and Safety Committee that training state highway patrol officers in federal immigration and customs enforcement was worthwhile for his state. 

     “Training highway patrol officers to spot people who are in this country illegally is a plan Tennessee should implement,” Lowe said. 

     Lowe was joined by Ron Kidd, former Supervisory Special Agent for Immigration and Customs Enforcement.  

     Both advocated Tennessee’s participation in the federal program . 

     Kidd said the training can help identify forged documentation used to obtain a legitimate drivers license.   

     “My nightmare is that we have a terrorist catastrophe somewhere caused by someone in possession of a Tennessee driver’s license,” Kidd told the committee.  

     The Senate Transportation and Safety Committee unanimously passed Senate Bill 2426, sponsored by Senator Mark Norris (R-Collierville).

     Lowe said the Alabama’s adoption of the program has been a success.  He said Alabama’s troopers do not enforce federal immigration laws but are simply trained if officers encounter people breaking those laws during normal patrol. 

     “Our force is reactive on this, not pro-active,” Lowe said.  “The troopers have not made a tremendous amount of arrests and we would not expect them to.” 

     “The Governor has stated that he doesn’t feel this is his problem, that it’s a federal issue,” Committee Chairman Norris said.  “The testimony we heard today indicates there is tremendous value in having our troopers trained in these areas.” 

     Since 1996, Section 287(g) of the Immigration and Naturalization Act, later amended by the Homeland Security Act, has given state government the ability to enforce federal immigration law with proper training and supervision by federal authorities. Tennessee has not taken advantage of it, and Norris thinks the Department of Safety’s participation is overdue. 

     Norris said for Tennessee to participate, the Department of Safety must enter into a Memorandum of Understanding with the Department of Homeland Security, which is the scope of his bill. 

     “Proper training should actually enhance our law enforcement and homeland security efforts, and it will help protect lawful residents, foreign and domestic, from criminal and terrorist activity,” Norris said.  

     The bill is scheduled for a full Senate vote Monday night. 

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Senior Citizens’ Homestead Exemption Passes Senate  

     NASHVILLE --- Senate Joint Resolution (SJR) 1, Senator Norris’ Senior Citizens’ Homestead Exemption legislation, passed the Senate unanimously Thursday, moving seniors one step closer to property tax relief.  

     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.  

     “I believe Tennesseans deserve the opportunity to vote on this important issue and that our senior citizens should not be forced to choose between paying for property taxes and other necessities such as prescriptions,” Norris said.   

      Norris read a letter he received on the issue in 2003 from an eighty-one year old Collierville resident named Ellen Chambers.     

      “She wrote that these changes could save her from having to sell her home after her property taxes increased by nearly $1,000 in seven years,” Norris said.  “We haven’t been able to reach her since then, but I hope Mrs. Chambers is well and didn’t have to sell her home.”    

     Norris passed the Resolution by overwhelming majorities during the 103rd General Assembly.  

     Upon passage through the House, the measure will be placed on the ballot in the next Gubernatorial contest this November. 

     The state Constitution requires that proposed referenda be adopted in two consecutive General Assemblies in order to be placed on the ballot in the next gubernatorial contest.  The previous General Assembly approved SJR71, the Senior Citizen Homestead Exemption measure, garnering a 30-0-1 vote in the 33-member Senate to start the process.   

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Senate Approves BUI Bill 

NASHVILLE—Legislation to lower the blood-alcohol content (BAC) to 0.08% from 0.10% for Boating Under the Influence (BUI) received the unanimous consent of the Senate Monday night.  The measure is Senate Bill 3201, sponsored by Senator Jim Tracy (R-Shelbyville).           

     The legislation will set the BAC level for BUI to the same level as is now used for Driving Under the Influence (DUI) offenses. 

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Authority Figure Sex Offenders Targeted 

     Senate Bill 2671, sponsored by  Senator Jamie Woodson (R-Knoxville), received approval from the Senate Judiciary Committee on Tuesday to remove the statute of limitations on prosecutions of authority figure sex offenders who victimize a minor child.  Currently, the law limits prosecutions of sex offenders to three years from when the victim turns 18 unless a longer statute of limitations is specified for an offense. 

     “There is a very real need to remove the statute of limitations for authority figures who commit heinous sex offenses on young children who are marred for life as a result,” stated Senator Woodson. 

     “You don’t know who a sex offender is,” stated Ann Brentwood who brought the need for the bill to the attention of Senator Woodson.  “It can be anyone.  It can be someone at church.  You just don’t know.  Sometimes people know it is going on but don’t tell others about it and it continues,” continued Brentwood. 

     Brentwood spoke passionately to committee members in sometimes tearful testimony about the absolute devastation that follows childhood victims of sex offenders and how these victims often try to suppress it for decades, wreaking havoc on their self-perception, mental health, social relationships, and their ability to hold a job. 

     Senator Woodson and others on the committee noted that it took a brave person to come and present public testimony like this to members of the General Assembly.  The bill will be heard next in Senate Finance, Ways and Means Committee.   

     Senator Tim Burchett (R-Knoxville) is a prime co-sponsor of SB2671.

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Senate Passes Tennessee Castle Doctrine

Bill Expands Right to Self-Defense 

     The Senate gave final approval to Senate Bill 2672, the Tennessee Castle Doctrine Bill sponsored by Senator Don McLeary (R-Jackson), on Thursday to expand the right of self-defense.  The bill was co-sponsored by Senator Norris. 

     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 is also called the Stand Your Ground Bill. 

     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 expands the Castle Doctrine to include the buildings and areas 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. The 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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Veterans Bill Waives Tuition and Fees 

     Senate Bill 2726, a Veterans Bill to waive higher education tuition and fees which is sponsored by Senator Rusty Crowe (R-Johnson City), passed through unanimous consent of the Senate Monday.  The House Education Committee approved it 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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