April 11, 2006                                   

From Mark’s Desk 

Nothing Prepares You for This 

     After months of study and warning elected officials in Nashville about the shortcomings in Tennessee’s emergency preparedness plans, last Monday’s tornadoes across northwest Tennessee came as a grim reminder that there is only so much any government can do to prepare for the worst. 

     As the super cells entered Tennessee Sunday night, I made my calls to county EMA personnel in the northernmost reaches of our Senate District. The word from Dyer County was bleak. There had been deaths, and more were expected with the dawn. 

     After months of effort as Chairman of Transportation and Safety, this was a moment of truth. Unlike previous disasters when we had no legislative “call tree,” this time TEMA called me from Nashville, to report that the head of TEMA, General Bassham, would deploy to the area at dawn. Governor Bredesen’s liaison also called to report that he would apply for federal disaster relief and tour the area early Tuesday. Little steps for little feet. 

     These simple contacts made it easier for me to communicate in a more meaningful way with Dyer County officials when we spoke early Monday morning. Compared to the complete lack of communication from Nashville when a tornado hit Dyersburg in 2004, or when straight-line winds devastated Shelby County before that, we are slowly making progress in improving our ability to communicate and work with each other across political and geographic lines when disaster strikes. 

     I toured the area with Governor Bredesen by helicopter and bus on Tuesday. The devastation was complete. I spent some of my time working to get volunteer crews from MLGW in Memphis deployed to the Jimmy Dean plant to help restore power. Our job shifted to consoling the grief stricken and trying to give hope that we would do all in our power to assist in recovery during the months ahead. 

     I am proud of the job done by our Highway Patrol officers and first responders during this difficult time. I am mindful of the horror encountered by some of these men and women and want to express my appreciation for their unselfish service. The resilient spirit and dutiful resolve of the citizens of northwest Tennessee is an inspiration to us all. 

     By Thursday, Governor Bredesen and I were able to sit down together in his office for 30 minutes to discuss ways to continue to improve communications between the Executive and Legislative Branches during emergencies in the future. It seemed that the tornado had accomplished what months of effort on my part had not -- it got the governor’s attention. 

     Thursday night, I spoke in Sumner County at the Republican Lincoln-Reagan Day Dinner. Ironically, I talked of our tornado experiences back home. Friday afternoon, tornadoes hit Sumner County not more than a half mile from where we had gathered the night before. Disaster struck again with even more destruction and additional loss of life. 

     Yesterday, we met in Nashville with the Secretary of Health and Human Services, Michael Leavitt, to discuss planning for a different, but equally troublesome, prospect of disaster-- Pandemic Flu. There is a long way to go to prepare for this one, but progress is slowly being made. 

    The first ten days in April will not soon be forgotten. These are things we may never be fully prepared to comprehend. The least we can do is prepare to respond.

Homestead Exemption Bill Passes Legislature

Senior Citizen Property Tax Relief Referendum on November Ballot

      NASHVILLE --- Senate Joint Resolution (SJR) 1, which enables senior citizen property tax relief, has passed the Tennessee General Assembly and will be placed on the Gubernatorial ballot in November. 

     The measure, sponsored by Senator Mark Norris (R-Collierville), passed the House of Representatives by a vote of 95-1 today after receiving unanimous Senate approval last week.   

     First introduced by Norris in 2003, SJR 1 proposes a constitutional amendment allowing local municipalities the option of freezing property tax values for qualifying senior citizens. 

     “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.   

     The Constitution requires that any proposed referenda be adopted in two, consecutive General Assemblies to be placed on the ballot in the next gubernatorial contest.  Norris passed the Resolution by overwhelming majorities during the 103rd General Assembly.  The measure next requires public approval of a constitutional amendment.  

     “Those on fixed incomes are hit hardest because they do not have extra income to pay the increased tax assessed upon the appreciated value of their home,” Norris said.  “Voters will now decide the issue on a referendum in November.” 

* * * * * 

Immigration Training for Troopers Bill Passes Senate

Utilizes Homeland Security Funds for Tennessee Highway Patrol  

NASHVILLE, Tenn.  --- Despite opposition from Governor Phil Bredesen, Senate Bill 2426, sponsored by State Senator Mark Norris (R-Collierville), passed the Senate 23-5. It requires Tennessee Highway Patrol officers to receive federal training in immigration and customs enforcement.  

     Norris, who chairs the Senate Transportation and Safety Committee which oversees the Department of Safety and Highway Patrol, cited the importance of curbing illegal immigration. 

     “Our troopers must have the authority in the course of their regular duties to detain, interrogate and arrest illegal aliens,” Norris said.  “That is not the case without the federal training and certification provided under this legislation.”  

     Last week, the Senate Transportation and Safety Committee heard from J. Haran Lowe, Jr., Alabama’s Deputy Attorney General, who touted the program’s benefits.  Alabama began training state troopers through the program in 2003. 

     “This is designed to supplement our troopers’ skills, not to supplant,” Norris said on the Senate floor. Bredesen believes the federal government should maintain responsibility for immigration enforcement. “Bredesen’s passing the buck,” said Norris. 

     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. 

     “Illegal immigration must be addressed more effectively at all levels of government,” said Norris. “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.”  

* * * * * 

Limited Medical Liability Reform Passes Senate 

NASHVILLE – Medical professionals treating victims in natural disasters or declared emergencies will receive liability protection under legislation sponsored by Senator Mark Norris (R-Collierville). 

     “The bill increases the availability of licensed physicians and medical professionals at ground-zero during a natural disaster or any site under declared emergency conditions,” Norris said.   

     Norris discussed the tornadoes that hit West Tennessee last week. 

     “In Dyer and Sumner Counties, we have experienced terrible loss of life,” Norris said.  “Nothing can stop a tornado, but we can make and reinforce our emergency preparedness plans.  This bill is a step toward that goal.”  

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

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

     “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 protect against acts of gross negligence or willful misconduct.   

     The legislation is part of 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.”  

     Norris’ Senate Bill 2705 was substituted for the companion House version and passed unanimously through the Senate. 

* * * * *

Senate Approves Bills to Aid Agriculture

     The Senate unanimously approved two measures this week designed to protect owners, farmers, and agrarian workers who use artificial insemination.  Senator Jim Tracy (R-Shelbyville) is the prime sponsor of Senate Bill 3937 and is a co-prime sponsor of House Bill 3342/Senate Bill 3654. 

     These bills are of significant interest to the rural parts of our state. They will allow people to continue doing what is part of very routine practices in modern animal husbandry without being harassed by overzealous bureaucrats.  If the House goes along with the Senate version of SB3937, those who received and paid fines and civil penalties for alleged violations after June 30, 2004, could apply for refunds. 

     It is extremely important to maintain the vitality of Tennessee’s economically important livestock industries, including breeding programs that improve the quality of agricultural products whether for show, work, competition, or consumption. 

     HB3342/SB3654, as amended, specifies that artificial insemination of livestock animals is not a veterinary practice for which licensure is required.  The statute would specifically state that the practice of artificial insemination shall be considered an accepted livestock management practice. 

     This exemption from veterinary licensure requirement would not authorize non-veterinarians to artificially inseminate wild animals, according to the bill summary. 

     TCA 39-14-201 states that livestock means all equine as well as animals which are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. 

     SB3937, as amended, requires the Board of Veterinary Medical Examiners to refund all monetary fines and civil penalties imposed and collected in Fiscal Years 2004-2005 and 2005-2006 for the artificial insemination of livestock without a veterinary license, upon application of the person so fined. 

* * * * * 

Bill Seeks to Protect School Children 

     Senate Bill 2722, sponsored by Senator Jamie Woodson (R-Knoxville), will be coming up in Senate Education Committee on Wednesday to provide additional protection for school children by requiring fingerprint checks of employees, contractors, and subcontractors who come into contact with school children. 

     The goal of the bill is to provide the safest possible environment for children who are entrusted into the care of school systems.  In order to do that properly, those who are not regular employees of our schools must be included. 

     SB2722 would require any person or employee of such person who contracts or subcontracts with a board of education and who comes into contact with school children or enters the grounds of a school when children are present to supply a fingerprint sample and submit to a criminal history records check.  A violation would be a Class A misdemeanor punishable by a fine of not less than $500 nor more than $2,500. 

* * * * *