March 30, 2007

Norris Medical Liability Reform Bill Advances

NASHVILLE --- Senate Bill 2001, sponsored by Senate Republican Leader Mark Norris (R-Collierville) with fifteen other state senators as co-sponsors, passed unanimously through the Senate Judiciary Committee on Tuesday.  The legislation is designed to reduce the number of frivolous lawsuits filed in Tennessee each year and to reduce costs by reducing unnecessary litigation.

The measure is scheduled for a Senate floor vote Monday night.

“We’ve been working on this issue for six years,” Norris said.  “The progress we’ve made is significant.  Recent data suggests that 80% of lawsuits filed are dismissed,” Norris said.  “We hope to hold lawyers accountable while safeguarding access to the courts for those who deserve it.”

The legislation is designed to reduce meritless lawsuits by requiring early evaluation and streamlined disclosure of medical records.  Lawyers will be required to submit a “certificate of good faith” stating that qualified experts have reviewed claims and determined they have merit.

Senate Bill 2001 also speeds the disclosure of patient records and enhances lines of communication between the parties to a suit.

Norris praised the efforts of Rep. Doug Overbey (R-Maryville), the sponsor of the companion House bill.

He also recognized the efforts of Rep. Rob Briley (D-Nashville), chair of the House Judiciary Committee and traditional opponent, for his willingness to negotiate this year.

“Rep. Overbey and I have worked diligently to educate members of the General Assembly and the public about the need for medical liability reform to ensure Tennesseans’ access to affordable health care,” Norris said.

The capping of awards for non-economic damages, known as “caps,” proved to be a stumbling block between the parties for several years.

“The reality is that the case for caps could not be made this year,” Norris said.  “We may do so in the future, but progress now is better than no progress at all.  This legislation advances the best interests of patients as well as the providers who heal them," said Norris. 

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Right to Keep and Bear Arms Protection Passes Senate 

NASHVILLE --- Tennesseans’ constitutional right to keep and bear arms during a natural disaster is more secure as Senate Bill 1597 passed the Senate unanimously Wednesday by a vote of 32-0.                                                 

Sponsored by Senate Republican Leader Mark Norris (R-Collierville), the bill 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.   

“This legislation represents an acknowledgement that, should law enforcement be unavailable during a disaster such as an earthquake or avian flu quarantine, our Second Amendment rights are secure,” Norris said.  “And if circumstances require it, one may defend home and family.” 

The companion bill, HB 1285 sponsored by Rep. Dolores Gresham (R-Somerville), is scheduled next week in the House Criminal Practice and Procedure Subcommittee. 

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A Safe Haven for Kids

The members of the Senate Republican Caucus are getting tough on sexual predators.  A number of bills are moving through the Senate that would address a variety of issues to strengthen Tennessee’s laws dealing with convicted sexual offenders.  From increasing penalties, to giving law enforcement effective tools, Republican Senators are ready to make Tennessee a safe haven for kids, and an unwelcome place for sexual predators.  

The week began with SB 295, by Sen. Tim Burchett (R-Knoxville) unanimously passing the Senate on Monday night.   As amended, the bill would require a probation officer to determine if a new probationer is on the sexual offender registry. If the individual is on the registry and remains on misdemeanor probation, the officer would monitor the probationer's compliance with the residential and workplace location restrictions for sexual offenders.  

In the Senate Judiciary Committee, Sen. Diane Black (R-Gallatin) advanced several bills that will crack down on sexual predators: 

SB 230 requires individuals convicted of repeat offenses to serve 100% of their sentence.

SB 1173 adds rape of a child and aggravated rape of a child to felony murder offenses elevating a murder to first degree murder when death results from such offenses.

SB 1174 prohibits a sexual offender or violent sexual offender from threatening or harassing the former victim or victims' family by telephone, mail, Internet, or other electronic communication, if the communication is not for a legitimate purpose.

SB 1176 increases the penalty for the offense of statutory rape by an authority figure from a Class C felony (3-15 years imprisonment, up to $10,000 fine) to a Class B felony (8-30 years imprisonment, up to $25,000 fine). 

These bills come on the heels of legislation which Sen. Black and Sen. Mae Beavers (R-Mt. Juliet) passed out of the Committee last week.  As amended, SB 326 proposes to set the minimum penalty for rape of a child at 25 years in prison, with the maximum being life in prison.   

Sen. Jack Johnson (R-Brentwood) is sponsoring SB 1056 which would require a sexual offender or violent sexual offender to report any change in the offender’s employment status to the registering agency within 48 hours of the change of status.  It would also require a sexual offender from another state to register within 48 hours in person, and complete a TBI registration form with the proper officials.  The bill was also approved by the Judiciary Committee on Tuesday.  

Constitutional Officers on the Campaign Trail    

Democrats on the State and Local Government Committee were none too pleased with three bills sponsored by Republicans. Sen. Raymond Finney (R-Maryville), Sen. Bill Ketron (R-Murfreesboro), and Sen. Jack Johnson (R-Brentwood) are all sponsoring legislation to limit campaign activities by the State Treasurer, Comptroller of the Treasury, and Secretary of State.   

"I think this is a commonsense restriction on constitutional officers who have a tremendous amount of power," Sen. Raymond Finney (R-Maryville) told the Senate State and Local Government Committee on Tuesday in support of his bill. 

Some members of the Senate committee questioned the constitutionality of the three bills, prompting a delay in action on the bills until an attorney general's opinion could be obtained.                                                                 

                                                                              -Associated Press 

The legislation is in response to the current Treasurer, Comptroller, and Secretary of State campaigning against Republican incumbents during the last campaign cycle.  The sponsors feel that since the constitutional officers work with and are elected by the General Assembly, that campaigning for or against members is questionable.  

Tracy’s Campus Safety Bill Moves Forward

State Sen. Jim Tracy (R-Shelbyville) is moving legislation through the Senate that will help campus police officers keep Tennessee colleges and universities safe.  SB 276 unanimously cleared the Judiciary Committee on Tuesday. 

Current law provides that certain law enforcement entities are permitted to seize property under certain circumstances.  This bill would add campus police officers to the list of authorized officials that are allowed to make these seizures. 

Lt. Jim Fanguy of the Middle Tennessee State University (MTSU) Police Department accompanied Sen. Tracy and fielded questions from the Committee.  

Siemens’ Award Winners Visit Capitol

On Wednesday, Sen. Randy McNally (R-Oak Ridge) and Sen. Jamie Woodson (R-Knoxville) welcomed tomorrow’s leaders to the Senate Chamber.  Four students from Oak Ridge High School were congratulated by the Senate for their exemplary performance in the Siemens Competition that was held at New York University.   

Scott Molony, Steven Arcangeli, and Scott  Horton all received the Award for Math, Science and Technology.  Alice Gu received the Award for Advanced Placement.  

The Siemens Competition is viewed as the nation’s premiere high school science research competition and it is the signature program of the Siemens Foundation, a leader in math and science education. 

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