News feed [Apr. 3, 2002]

April 3, 2002 News Feed
(Please feel free to personalize)
Greetings, this is Rep. _____________.
The 2000 presidential election debacle cast a bright light on the flawed election systems operating throughout the nation, particularly Florida. Following that infamous election it was discovered that thousands of Georgia ballots were undercounted or filled out incorrectly. Ever since that embarrassing discovery, Georgia has led the nation in efforts to implement a uniform, reliable method of collecting and counting the votes of its citizens. SB 414 is one aspect of that effort.
The bulk of SB 414 shepherds Georgia from its current system of vote tabulation into the electronic age. Provisions throughout the measure change technical language to accommodate Direct Record Electronic voting machines, and to remove antiquated `punch card' references.
One aspect of the plan which drew some serious debate, however, was that of provisional voting. Currently, Georgia is one of only 13 states in the U.S. which does not allow some form of provisional voting. This means any Georgians who are not on the registrar's roll list are not allowed to vote in that day's election. SB 414 would change this by allowing persons not on the registrar's list to fill out a provisional voting form, and cast a provisional ballot. Those wishing to vote provisionally must also sign an affidavit swearing that they are a registered voter and have not already voted in that day's election.
The county's registrar would have two days to determine if the voter is eligible to vote in the election. Provisional ballots found to be legitimate would be counted the same as absentee ballots. Ballots found to be legitimate, but from

another precinct, would count only those votes which would have been tallied in the correct precinct. Finally, the office of the registrar would be required to notify any citizen whose ballot was deemed illegitimate.
Some members were concerned that the provisional ballot could be abused, leading to voter fraud and casting a cloud of suspicion on Georgia's entire election process.
Supporters of the plan, however, pointed out that valid identification is required to receive a provisional ballot, and that anyone filing a false affidavit would be subject to penalties of law. Furthermore, they predicted Congress will most likely include a provisional ballot requirement as a condition of receiving federal funds to supplement the state change to electronic voting.
Realizing the need for a reliable system of voting that ensures the right of every Georgia citizen to participate in the governmental process, House members passed SB 414 by a vote of 155-8.
On a somber note, the horrific attacks of September 11th have left their imprint not only on the American psyche, but the American legal system as well. Today's session brought two measures which represent Georgia's effort to prepare for and guard against acts of terrorism.
The first, SB 330, has been dubbed the "Transportation Security Act of 2002." The legislation contains beefed up language against persons who attempt to enter any public transportation facilities bearing weapons or devices of destruction. Also, under the proposal, persons who intentionally avoid, interfere, or attempt to disable a security measure for a public transportation facility would be guilty of a misdemeanor of a high and aggravated nature which could carry penalties of up to $100,000 and 25 years in prison. Furthermore, each violation of the code would be considered as a separate offense. Finally, in an attempt to promote better response and coordination on behalf of law enforcement personnel, the Transportation

Safety Act allows county, city, or municipality law enforcement officials to share

jurisdiction over airports whose landing fields cross the borders outside their

political subdivision.

While there were a few concerns about overzealous interpretation of the new

code, a majority of lawmakers saw SB 330 as a vital aspect in the overall effort to

give this state's law enforcement personnel the tools they need to protect the safety

of Georgia's citizens. The measure therefore passed by a vote of 107-51.

The second item deals with another disturbing aspect of the threats that face

Georgia in this uncertain time. SB 385 seeks to give this state the ability and

authority to prepare against any potential acts of biological terrorism. Realizing

the wide range of issues and agencies which could be affected in the event of a

biological attack on Georgia, the authors of SB 385 first began to search existing

code for language dealing with such instances. The search led to the discovery that

much of what was needed to deal with a bio-terroristic attack already existed in

numerous parts scattered throughout various code sections. The authors of SB

385, therefore, began by gathering the pertinent language from all relevant laws

and coordinating them under one measure which can stand as the overall guide for

combating a biological threat to the state of Georgia.

Aspects of SB 385 include:

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Authorizes the Commissioner of Agriculture to require reporting of

certain animal diseases and syndromes which could be related to acts

of bio-terrorism

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Establishes reporting requirements among health care providers,

coroners, medical examiners, pharmacists, and law enforcement

officials if they encounter any instance which indicates or causes them

to suspect a bio-terror threat to the state.

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Authorizes the Department of Human Resources to formulate rules

and regulations for the management of a public health emergency and to develop a protocol for communication and cooperation between state agencies in the event of an act of bio-terrorism. Most of the controversy surrounding the proposal dealt with two interrelated provisions of the measure. The first addresses the Governor's ability to declare a public health emergency. Upon the declaration, the General Assembly would be automatically called into a session at 8:00 a.m. on the second day following the declaration, at which time they would either agree with the Governor's action or vote to end the state of emergency. When a state of emergency is called, under existing law, a number of abilities are automatically bestowed upon the state. Among these is the ability to suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, combustibles, and illegal or commercially owned firearms. The state would also be given the authority, in the interest of public health, to vaccinate and quarantine its citizens, regardless of their personal wishes. A number of members expressed concern over what they considered to be an infringement on the civil liberties of Georgia's citizens. While they conceded the effectiveness of vaccination and quarantine as methods to combat a deadly disease outbreak, they firmly contended that personal choice is one of the foundations on which this country is built. Supporters of HB 385 noted that the mandated vaccination and quarantine aspects of the legislation are already state law, and have been for many years. They pointed to the provisions in the measure allowing not only for legislative oversight, but also for due process in the courts as built-in safeguards against unnecessary implementation of such strong actions. They further stipulated that in an instance where the lives of millions of Georgians are at stake, the state is

obligated to take the necessary action protect its citizens.

Understanding the reality of the threats addressed in SB 385, House

lawmakers voted 112-52 in favor of passage.

Finally, not to be lost in the shuffle, members voted 158-3 in favor of SB

368 which would grant a 10 percent salary augment to Georgia teachers who have

completed the requirements for national board certification. Current code awards

the pay boost upon completion of national certification, but is somewhat unclear as

to whether the raise is continued each year. SB 368 would put an end to this

speculation by awarding the 10 percent augment each year for as long as they hold

certification.

Other items receiving passage today include:

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SB 438 (139-12)-- sets up a new distribution method for counties

receiving Greenspace funding of $500,000 or more. The new formula

would set aside 10 percent of the award to be used as matching grants

for greenspace acquisition by cities and municipalities within the

county.

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SB 465 (118-30)-- creates a student legal loan forgiveness program

for attorneys who ply their trade in certain "public interest" areas.

The program could allow for forgiveness of up to $10,800 in

exchange for three years of service as a public defender, civil legal aid

attorney, assistant district attorney, or as an attorney for the Office of

Legislative Counsel or the State Law Department.

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HR 1118 (142-4)-- urges Congress to adopt legislation requiring the

Medicare program to cover the cost of all oral anti-cancer drugs.

Reporting from your state capitol this is Rep._________. If you have any

questions or comments please do not hesitate to call me at (404) 656 (

).