Month: January 2012

  • Mandatory Reporting of Child Abuse

    Hot on the heels of the Penn State child abuse scandal comes Georgia Senate Bill 355. This bill makes it a mandatory legal requirement that anyone “…who has reasonable cause to believe that a child is abused shall report [the abuse]…”

    I went and pulled up Title 19, Chapter 7, Article 1 to see what the definition of “abuse” is. It is quite extensive:

    (b) As used in this Code section, the term:

    (1) “Abused” means subjected to child abuse.

    (2) “Child” means any person under 18 years of age.

    (3) “Child abuse” means:

    (A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, physical forms of discipline may be used as long as there is no physical injury to the child;

    (B) Neglect or exploitation of a child by a parent or caretaker thereof;

    (C) Sexual abuse of a child; or

    (D) Sexual exploitation of a child.

    However, no child who in good faith is being treated solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be an “abused” child.

    There is a further section detailing what “sexual abuse” is; I won’t repeat it. You can always go read it for yourself

    This bill takes the list of people who are required to report child abuse (already contained int the code, repeated at the bottom of this post) and expands it to include everyone.

    I find the wording of the child abuse definitions to be unhelpfully vague. For example, let’s take this one:

    (A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, physical forms of discipline may be used as long as there is no physical injury to the child;

    This could be interpreted, I suppose, that any form of sport that is deliberately undertaken by the guardian and child, that involves contact or other physical stress, could be child abuse. Football, after all, involves hitting people. So does hockey.

    This bill was put up by Renee Unterman (R-Buford) and the Senate Majority leader, Chip Rogers (R-Woodstock) (also my state senator). It’s in the senate hopper right now, so it hasn’t gone anywhere (yet). We’ll see what happens.


    Here is the list of people already required to report child abuse to the state authorities.

    (c)(1) The following persons having reasonable cause to believe that a child has been abused shall report or cause reports of that abuse to be made as provided in this Code section:

    (A) Physicians licensed to practice medicine, interns, or residents;

    (B) Hospital or medical personnel;

    (C) Dentists;

    (D) Licensed psychologists and persons participating in internships to obtain licensing pursuant to Chapter 39 of Title 43;

    (E) Podiatrists;

    (F) Registered professional nurses or licensed practical nurses licensed pursuant to Chapter 24 of Title 43;

    (G) Professional counselors, social workers, or marriage and family therapists licensed pursuant to Chapter 10A of Title 43;

    (H) School teachers;

    (I) School administrators;

    (J) School guidance counselors, visiting teachers, school social workers, or school psychologists certified pursuant to Chapter 2 of Title 20;

    (K) Child welfare agency personnel, as that agency is defined pursuant to Code Section 49-5-12;

    (L) Child-counseling personnel;

    (M) Child service organization personnel; or

    (N) Law enforcement personnel.

  • Long Time No Politics

    It’s been since the 5th of this month since I didn’t post about politics. That’s way too long to go without a picture of one of my cats.
    Apollo
    And you’ve not been treated to all the things I did in the past month and a half. I haven’t blogged about the social artwork class Jenn and I did this week…
    Social Artwork

    Brewing Class

    …or the brewing class that David and I went to last week.

    Nor have you heard much about my new car, all the things we did over Christmas, the two bags of trash I found on the AT, the doughnuts that Jenn and I made, the cat tree I made, how much the Christmas tree shed, or this last picture of some ornaments made by a friend of mine over the years (thanks Amy!).

    New Car!
    Merry Xmas
    Trash on the AT
    Donuts!
    Cat Tree
    Shedding Xmas Tree
    A Selection of Ornaments

    There’s been lots going on, and I really should be posting more about that than boring politics.

  • Georgia Legislative Action

    I was hoping to tell you about HB 798 and its fanfare, however I’ll just let Jay Bookman do it for me.

    Related to that, the Democrats have submitted a Senate Resolution calling for an amendment to the GA constitution that would provide continuous funding of the Georgia Ethics Commission.

    HB 814 – Amendment to the Special Purpose Local Option Sales Tax requirements for reporting by local governments. This will probably be horribly boring to anyone who isn’t in the transportation industry in GA. This bill makes a slight change to the reporting requirements for counties and cities that receive SPLOST funds and also specifically empowers the superior courts and the Attorney General with the power to enforce compliance with the code section in its entirety, not just the reporting provisions.

    HB 807 – Revising Truancy Age. This bill raises the required schooling age in GA from 16 to 17. Bill has no opinion. Here’s the quote:

    (a) Mandatory attendance in a public school, private school, or home school program shall be required for children between their sixth and sixteenth seventeenth birthdays. Such mandatory attendance shall not be required where the child has successfully completed all requirements for a high school diploma.

    HR 1165 – Urge the Governor to base a Georgia Film Commission in/near Savannah. This resolution, bipartisanly sponsored by Savannah area representatives, would urge the governor “…should the budget allow for it to base a Georgia Film Commission in Savannah-Chatham, Georgia;…” I thought we already had a Georgia Film Commission? And wouldn’t this directly compete with the Savannah Film Commission? I obviously don’t know what the heck is going on with this.

    SB 350 – Treatment of Seized Firearms. I like this one. They should pass it. Essentially, this updates existing law related to the sale of seized firearms by the seizing agency in order to provide more clarity as to the responsibility/authority of the agency in where to dispose of the firearm. They can sell it, give it to the Georgia Bureau of Investigations for forensic tests, give it to a licensed museum, or destroy it. There are also specific provisions for the return of a stolen or lost firearm to the original (innocent) owner. Makes sense to me. Oh, and it specifically absolves the selling agency from liability if the firearm is subsequently used in another crime.

    If you dispute the reasonableness of selling seized firearms and think they should all be destroyed, well sorry but this is already the law of Georgia. This bill merely makes it better.

    SB 347 – Moratorium on Future HOT Lanes. This is another DOA bill due to 100% democratic co-sponsors. This bill would prohibit the further designation of HOT lanes by the Department of Transportation or State Toll and Roadway Authority after July 1, 2012 unless specifically authorized by the Legislature through further legislation. I can think of several reasons why this bill may have dropped now, from legislators that are Tucker, Stone Mountain, Atlanta, Decatur, and Riverdale, but I don’t know the precise reasoning. Suffice to say, this one won’t go anywhere.

  • Georgia Legislative Action – Senate Resolutions

    SR 728 – Call for National Moratorium on the Death Penalty. This basically says everything that the Senate Bill I mentioned in the last post does. See that post for details.

    SB 730 – United Nations Agenda 21 is Insidious and Destructive. Honestly, I have no opinion on this one right now, but I’ll note that it’s centered around so called policies “…which would be accomplished by socialists and communist redistribution of wealth;” That triggers my Republican Nut Job radars. However, I’ll note that I’m not educated on this topic so it could very well be the base truth.

    SB 715 – Call for Expansion and Redirection of H2A Guest Worker Program. This particular resolution is so steeped in irony that it’s particularly bitter to swallow. This lack of season workers in this state was directly caused by HB 87, passed last year, which did a number of things to drive seasonal workers, both documented and undocumented, out of the state. Good job, guys. The really ironic part about it is that Republican lawmakers from agricultural parts of the state basically said, “you’re killing us!” but they passed it anyway. Schadenfreude tastes weird sometimes.

  • Georgia Legislative Action – Senate Bills

    SB 342 – Prohibition of the Death Penalty. I am philosophically in favor of the death penalty, as it is generally applied in the U.S., however I am procedurally opposed to it due to the number of people on death row who have been exonerated. Until you can guarantee 100% that everyone who is convicted of a capital crime is guilty guilty guilty, I will not support the death penalty. I am also positive that a 100% certainty rate is unachievable. Bill supports this legislation, however it’s probably DOA here in the Georgia Legislature because it has no Republican co-sponsors.

    There are others that dropped this week that are of middling interest, however I note that most of them are Democratic bills without Republican co-sponsors. This here be politics at work and in this thoroughly red state (all branches of government are controlled by Republicans) Democratic ideals are not going to get a lot of traction this year.

    There is SB 313 which will require public entities to explore private companies’ rates for broadband before enacting a public service. That’s somewhat interesting.

  • Georgia Legislative Action – House Bills

    New bills are dropping because the Georgia Legislature is in session this week. Some, that are of interest to me:

    HB 799 – Expungement of DUI Conviction. If you don’t have any traffic violations for 5 years after conviction, your record of DUI would be expunged. I’m not sure what I think about this. On the one hand, it would be nice to give everyone a second chance and to remove the albatross after they’ve demonstrated good character. On the other, this seems like special consideration for a specific class of offense. Do people convicted of Driving without a License (or other similar offenses) get the same consideration? I don’t know the answer to that question. Are there sunset provisions for “minor” traffic offenses?

    HB 766 – “…regarding Foundations of American Law and Government displays; to extend the locations
    4 in which such displays may appear;…”
    . This bill seems to make it lawful to display the 10 Commandments in public buildings. I’d get all Separation of Church and State in your face right now except that it also seems that this was legal for all Judicial buildings already.

    From Georgia Code Annotated Section 45-13-51 (2011):

    (b) Each municipality and political subdivision of this state shall be authorized to post the Foundations of American Law and Government display, as described in subsection (c) of this Code section, in a visible, public location in the judicial facilities of such municipality or political subdivision.

    And here is Subsection (c):

    (c) The Foundations of American Law and Government display shall include:

    (1) The Mayflower Compact, 1620;

    (2) The Ten Commandments as extracted from Exodus Chapter 20;

    (3) The Declaration of Independence;

    (4) Magna Carta;

    (5) “The Star-Spangled Banner” by Francis Scott Key;

    (6) The national motto;

    (7) The Preamble to the Georgia Constitution;

    (8) The Bill of Rights of the United States Constitution; and

    (9) The description on the image of Lady Justice.

    I don’t think there is controversy over any of these items except the 10 Commandments. For backup, here is the justification for inclusion of the Commandments in this list, taken directly from the same Georgia Code (annotated) section.

    The Ten Commandments have profoundly influenced the formation of Western legal thought and the formation of our country. That influence is clearly seen in the Declaration of Independence, which declared that “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.” The Ten Commandments provide the moral background of the Declaration of Independence and the foundation of our legal tradition.

    I think they might be stretching a bit on their justification, however who am I to question already enacted Georgia Law? Oh, that’s right: A taxpaying citizen. I think this is officially a storm in a tea cup. Go ahead. Approve the legislation. Bill doesn’t really care and would prefer that our legislators spent time on more important things.

    HB 763 – Grand Jury Eligibility for Felons and Mentally Incompetent Persons. This bill would make it legal to exclude convicted felons and the Mentally Incompetent from grand juries. I’m all down with the mentally incompetent portion of this, but it seems like excluding felons is legislating part of the judicial process away. Isn’t this what Voir Dire is for? I can conceive of times either as the Defense or the Prosecution when you’d want a convicted felon, who had served their time, on a jury.

  • Rick is Out

    In the great tradition of pull quotes, here’s some fun ones from Rick Perry’s withdrawal speech:

    As I have traveled across this great country: from New Hampshire to California, from Iowa to Florida, and to numerous states in between, I have discovered a tremendous purpose and resiliency in our people.

    Reinterpretation: “I’ve never been outside Texas so damn was I surprised that there’s people with opinions out there.”

    As a former Air Force pilot, I know we can’t lose track of the ultimate objective in carrying out our mission, and that objective is not only to defeat President Obama, but to replace him with a conservative leader who will bring about real change.

    You better damn-straight be concentrating on the mission rather than some nebulous overall objective when you’re flying your C-130 full of people or equipment into an airfield.

    We need bold, conservative leadership that will take on the entrenched interests and give the American People their country back.

    That one just made me laugh.

    As I have contemplated the future of this campaign, I have come to the conclusion that there is no viable path to victory for my candidacy in 2012.

    I was in that mindset on day -10 of your candidacy. Thankfully you’ve proved me right.

    I believe Newt is a conservative visionary who can transform our country.

    Newt is a conservative visionary. It’s his biggest weakness because he can’t turn it off and get to the practical.

    The fact is, there is forgiveness for those who seek God and I believe in the power of redemption, for it is a central tenet of my own Christian faith.

    Yes, and another part of that tenet is that you don’t necessarily receive it until you’re dead.

    I’m proud of the policies we put forward to the American people … cutting spending and eliminating unnecessary federal agencies and cutting taxes to a flat, fair 20 percent.

    Fascinating. By my math, that means any single person earning (adjusted) income of $83,000 or less will see their taxes go up. And any married-filing-jointly household earning less than $140,000 will also see their taxes go up.

    It’s amazing to me how we expose people’s actual or willful ignorance of the graduated tax bracket system. Guess what! My family is in the 28% tax bracket but our effective actual tax rate is somewhere down around 20%. That’s math, people. So, if Rick’s Republicans got his way, I’d be just fine, thanks very much, but if either I or Jenn stopped working, my effective tax rate would rise. The lower your current income, the more your effective tax rate would rise. Thanks for that cogent analysis (“Fair”), Rick.

    I felt led into this arena to fight for the future of this country.

    That was probably gas from the steak the night before.

  • My Fondest Wish

    I don’t care who wins the South Carolina Republican Primary. The Republicans are doing an excellent job singling out the Democratic talking points for the general election, no matter who is eventually nominated.

    No, what I most want is for South Carolina to hand the win to someone who does not end up with the nomination.

    I am heartily sick of hearing, “South Carolina has always selected the eventual nominee.” Who cares, and why does this matter? I have a huge multi-faceted rant that centers around how the current primary system is hugely disenfranchising to the individual party member, but this particular rant is about the entitlement that certain states ((Hello, Iowa and New Hampshire. You’re here too.)) feel about their roles in selecting the nation’s presidential candidates.

    So, here is to SC’s pick going down in flames. That would make me a very schadenfreude kind of guy.

  • Georgia Bills

    In case you’ve been wondering why I have not posted anything new on Georgia Legislative Action (GLA!) the last few days, it’s because the House and Senate have not been in session. They’re back on the 23rd for more derring-do.

    However there’s still plenty of other excitement. South Carolina is just over the border, so the GOP primary is resonating here. One of our local congresscritters got picked up for a DUI last week and is now facing a challenge. Coincidence? Probably not. The Georgia Senate sill has a leadership problem and we’re staring down the barrel of a July 31st referendum on a new transportation sales tax that I have just a tiny bit of interest in.

    So stay tuned.

  • More Georgia Legislative Action

    These will just keep coming as the session wears on.

    By the way, in my previous posting, I mentioned that I was only posting things “of interest”. I find things interesting if they are: insane; related to my field of work; particularly noteworthy; something I have some knowledge about; or just plain interesting. For example, you won’t find me commenting much on the various education bills because I have a dearth of knowledge surrounding those.

    HR 1130 – Repeal the 17th Amendment. This one dropped yesterday. It’s another states’ rights bill. If you recall from civics, the 17th amendment set up the U.S. Senate to be elected directly, rather than appointed by the state legislatures. The bill sponsors apparently believe this is the reason behind today’s big government and the reduction in powers of individual states. If this is your opinion, then the bill is worthy, however some specific text inside it I found laughable:

    WHEREAS, the restoration of the United States Constitution by repealing the Seventeenth Amendment would provide that the United States Senators be accountable to their respective state legislatures by whom they were elected;

    I’m not sure how these newly appointed Senators would be more accountable. They’ll still serve 6 years, you guys, and I don’t remember any recall provisions in our constitution.

    HB 735 – Weapons Training for Carry Licenses. This bill would require a person to have some training in their weapon of choice before being issued a carry license. I approve.

    UPDATE: Jim Galloway of the AJC has something to say about the Repeal Resolution:

    Five Republican members of the House – most, if not all, freshmen – have introduced a resolution demanding that the United States return to a system in which U.S. senators are selected by state legislatures. To save Johnny Isakson and Saxby Chambliss all that fundraising, no doubt. The authors of H.R. 1130 are Kevin Cooke, R-Carrollton; Josh Clark, R-Buford;l Delvis Dutton, R-Glennville; Buzz Brockway, R-Lawrenceville; and Christian Coomer, R-Cartersville.

    All of them live in a state that can’t even back away from electing a state school superintendent.