Showing posts with label Georgia. Show all posts
Showing posts with label Georgia. Show all posts

December 17, 2013

The System





Atlanta Braves stadium deal 'smacks of cronyism': Tea party leader

by Jeff Morganteen

As originally posted: CNBC
December 11, 2013


The tea party may bill itself as patriotic, but that doesn't mean its members support funding America's pastime with taxpayer dollars.

A $672 million proposal to move the Atlanta Braves from their downtown home to a brand new stadium in nearby Cobb County has drawn heat from the local Atlanta tea party chapter, led by co-founder Debbie Dooley, also the national coordinator for the Tea Party Patriots.

Financing for the proposed deal would come from a mix of public and private sources, including county bonds that could cost up to $600 million over 30 years. Dooley said the taxpayer will end up bearing the brunt of the expense.





Dooley said Republican county lawmakers hammered out the deal in private, without voter input. Cobb County's commissioner did not return a request for comment from "Squawk on the Street."

"It is the government picking winners and losers," Dooley said on "Squawk on the Street." "They are using public funds. The taxpayer will get the shaft in this. And the political cronies and well-connected stand to make millions of dollars off of this deal."

Supporters of the deal say a new stadium would generate enough economic activity and revenue to make up for the expense. Dooley, though, said she doesn't care where the Braves end up, as long as taxpayers don't foot the bill.

"The Braves have a right to move wherever they want to move, as long as it's paid for with private funds," Dooley said.

—By CNBC's Jeff Morganteen. Follow him on Twitter at

@jmorganteen and get the latest stories from "Squawk on the Street."

November 18, 2012

"Your Administration" and the United States of America (USA)





Georgia Blocks Health Care Exchanges

by John Michaels

As originally posted on: Tenth Amendment Center Blog
November 17, 2012


In a letter to the U.S. Department of Health and Human Services Friday, Georgia Governor Nathan Deal informed secretary


Kathleen Sebelis Georgia’s intent regarding the Affordable Care Act.

“As you know, I remain concerned with the one-size-fits-all approach and high financial burden imposed on states by this federal mandate”

The state of Georgia will not pursue a state-based exchange, or operate it’s own reinsurance program.

Georgia will maintain separate small group insurance markets in an effort to preserve the growth of small business and maintain the small business’ that exist.

Governor Deal also commented…

“We believe that a well designed, private free-market approach to small business exchanges could be beneficial to small businesses but the regulations promulgated by your administration take those options away”

In other words, the state of Georgia respects the federal government’s “opinion” on health care, but they will attend to the business of interposing, for as long as the federal government keeps attending to the business of usurpation of power and authority.

Seems like Georgia has a “New Deal” of their own. Hats off Governor!

March 17, 2012

The System


Seven Fulton County Commissioners charged with Criminal Acts in Atlanta, Georgia - John Eaves, Emma Darnell, Joan Garner, Liz Hausmann, Robb Pitts, and William Edwards

by William M. Windsor

As originally posted on: Lawless America
March 16, 2012


Last August 2011, William M. Windsor gave an impassioned presentation to the Fulton County Georgia Board of Commissioners.

The presentation made quite an impact on the audience seated behind me, but there was no response at all from the seven Fulton County Commissioners that I addressed.

I have now notified each of the Fulton County Commissioners that I am charging them with criminal violations....

After I was threatened with arrest as employees of the Fulton County District Attorney and Fulton County Sheriff committed jury tampering and obstruction of justice, I stopped to think who is the boss of the DA and Sheriff. Fulton County is run by the Fulton County Board of Commissioners, and they are where the buck stops. I immediately made plans to attend their next Coimmission Meeting and speak.

I emailed each Commissioner in advance with evidence of corruption by their employees and the federal judges. No response.

When I was called, I got straight to the point:

Six years ago, I was sued here by some people from New York. The entire lawsuit was completely made up. I obtained deposition testimony from the Yankees in which they admitted everything in the lawsuit was false. Judge Orinda D. Evans ignored the undeniable evidence and said I lost. I have been fighting this for six years, and it has cost me over $1.5 million.

As a result of this, I’ve discovered that the federal court system in Atlanta is a corrupt operation in which the judges commit crimes on a regular basis. I set out to document the corruption. I have massive proof. I have an envelope for each of you with a CD containing evidence.

I want each of you to be aware of the crimes because this forces you to report this to law enforcement – felony if you don’t (18 U.S.C. 4).

The federal judges are doing everything they can to stop me to avoid indictment, conviction, imprisonment, disgrace, and impeachment. A federal prisoner has reported that he was approached with a deal to get out of prison if he killed me. So, this may be a matter of life or death for me.


Your District Attorney and Fulton County Sheriff’s Deputies Betts, Noye, and English are guilty of jury tampering and obstruction of justice and have made outrageous threats against me as part of their efforts to block me from speaking to the Fulton County Grand Jury to present my criminal charges. Their actions are totally illegal as neither the DA nor the Sheriff’s Department have any authority over the Grand Jury, which is totally independent. You are the DA and Sheriff’s superiors, so I am here demanding that you instruct them to cease and desist and give me an immediate audience with the Grand Jury where I will present my charges of criminal violations by federal judges, the DA’s Office, and the Sheriff’s Office.

I have also prepared a petition for each of you to sign asking Chief Judge Cynthia Wright to impanel a special grand jury to investigate.

This affects thousands, perhaps tens of thousands of residents of Fulton County Georgia.

Attached is the package (less the CD-ROM) that was presented to each of the seven Commisisoners.

I followed up with an email with this information to each Commissioner, and I faxed the County Manager. No response.

It is absolutely clear that the Fulton County Commissioners are not doing anything so they can cover-up the wrongdoing of their employees.

I got busy with other things and ignored this for a while. I finally sent another letter to each of the Commissioners advising them that they had committed several crimes. I again asked them to act. I antiicpate that they will once again ignore me.

I am making criminal charges against Fulton County Commissioner John Eaves, Fulton County Commissioner Emma Darnell, Fulton County Commissioner Joan Garner, Fulton County Commissioner Liz Hausmann, Fulton County Commissioner Robb Pitts, Fulton County Commissioner Tom Lowe, and Fulton County Commissioner William Edwards.

So, I'm not waiting. I have sent criminal charges to both the Fulton County Sheriff, the Atlanta Police Department, the FBI, the Fulton County District Attorney, and the U.S. Attorney. I have also written to both the Fulton County Grand Jury and the Federal Grand Jury demanding an audience so I can present criminal charges against each of the Commissioners. I will attend the Fulton County Commissioners Meeting on Wednesday, and I will again speak to give them one last chance to comply with the law and do what's right.

Elected officials in America routinely neglect their duties to cover up the wrongful and criminal acts of others. There is no excuse for this. When they fail to do what the law requires, they have committed a felony. We need to get all such officials charged, arrested, convicted, imprisoned, and impeached. Maybe some will get the honesty message!

Fulton County Commissioner John Eaves

Fulton County Commissioner Emma Darnell

Fulton County Commissioner Joan Garner

Fulton County Commissioner Rob Pitts


Fulton County Commissioner William Edwards

Fulton County Commissioner Liz Hausmann

Fulton County Commissioner Tom Lowe

February 15, 2011

"14 Federal Judges" and "the Government"


Fulton County Georgia Grand Jury asked to consider Criminal Charges against 14 Federal Judges

by William M. Windsor

As originally posted on: Lawless America
February 11, 2011


The Fulton County Georgia Grand Jury has been asked to consider criminal charges against 14 Atlanta federal judges.

The Grand Jury has been presented with the facts regarding judicial corruption and criminal acts by federal judges with the United States District Court for the Northern District of Georgia and the United States Court of Appeals for the Eleventh Circuit....

I am prepared to ask that the Grand Jury indict Judge Orinda D. Evans for the following crimes:

RICO; Theft by Deception -- O.C.G.A. 16-8-3; False Statements to State – Violation of O.C.G.A. 16-10-20; Tampering with Evidence – O.C.G.A. 16-10-94; Mail Fraud – Violation of 18 U.S.C. § 1341; False Swearing – Making False Statements – Violation of 18 U.S.C. § 1001; Perjury – Violation of 18 U.S.C. § 1621, 18 U.S.C. § 1623, AND O.C.G.A. 16-10-70; Conspiracy to Defraud United States -- 18 U.S.C. § 371; Obstruction of Justice and Witness Tampering -- 18 U.S.C. § 1503; Subornation of Perjury – Violation of 18 USC § 1622, O.C.G.A. 16-10-72, and O.C.G.A. 16-10-93; Witness Tampering – Violation of O.C.G.A. 16-10-93.

I am prepared to ask that the Grand Jury indict Judge William S. Duffey, Jr. for the following crimes:

RICO; Tampering with Evidence – O.C.G.A. 16-10-94; Mail Fraud – Violation of 18 U.S.C. § 1341; False Swearing – Making False Statements – Violation of 18 U.S.C. § 1001; Perjury – Violation of 18 U.S.C. § 1621, 18 U.S.C. § 1623, AND O.C.G.A. 16-10-70; Conspiracy to Defraud United States -- 18 U.S.C. § 371; Obstruction of Justice and Witness Tampering -- 18 U.S.C. § 1503; Subornation of Perjury – Violation of 18 USC § 1622, O.C.G.A. 16-10-72, and O.C.G.A. 16-10-93; Witness Tampering – Violation of O.C.G.A. 16-10-93.

I am prepared to ask that the Grand Jury indict Judge Joel F. Dubina, Judge Rosemary Barkett, Judge Edward Earl Carnes, Judge James Larry Edmondson, Judge Frank M. Hull, Judge Stanley Marcus, Judge William H. Pryor, Jr., Judge Gerald Bard Tjoflat, Judge Beverly B. Martin, Judge Susan H. Black, and Judge Charles R. Wilson of the Eleventh Circuit for the following crimes:

RICO; Theft by Deception -- O.C.G.A. 16-8-3; Mail Fraud – Violation of 18 U.S.C. § 1341; False Swearing – Making False Statements – Violation of 18 U.S.C. § 1001; Perjury – Violation of 18 U.S.C. § 1621, 18 U.S.C. § 1623, AND O.C.G.A. 16-10-70; Conspiracy to Defraud United States -- 18 U.S.C. § 371; Obstruction of Justice -- 18 U.S.C. § 1503; Subornation of Perjury – Violation of 18 USC § 1622, O.C.G.A. 16-10-72, and O.C.G.A. 16-10-93.

Proof of these crimes is detailed in the Dockets in Civil Action 1:06-CV-0714-ODE, 1:09-CV-01543-WSD, and 1:09-CV-02027-WSD, and in Supreme Court Actions Nos. 10-411, 10-632, 10-633, and 10-690.

Power of Presentment

The grand jury in Fulton County has exercised the power of Presentment in recent years, so it is firmly established as the law in Fulton County and Georgia.

The 5th Amendment to the U.S. Constitution says in part as follows: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury . . . .”

“‘A presentment, properly speaking, is an accusation, made by a grand jury of its own mere motion, of an offence upon its own observation and knowledge, or upon evidence before it, and without any bill of indictment laid before it at the suit of the government. Upon a presentment, the proper officer of the court must frame an indictment, before the party accused can be put to answer it.’”

With a presentment, the charges originate in the grand jury. The grand jury discovers an offense on its own. It observes and collects evidence of the offense, and the government has nothing to do with it. The grand jury is independent. The court then prepares the indictment based on the presentment.

This is a way for the PEOPLE to address judicial corruption. The government would normally try to block an effort such as this, but Fulton County has established this as precedent.

Now we anxiously await word from the Grand Jury Foreman.



Fulton County Grand Jury Letter




NOTE THIS: This Grand Jury Demand provided by Paul Andrew Mitchell. And 1215.0rg's Plan. And here is a federal case precedent courtesy of Paul Andrew Mitchell - In Re: Grand Jury Application.






William M. Windsor

October 16, 2010

The System



In the Supreme Court of Georgia



Decided: October 4, 2010


S10A1113. GASSES et al. v. CITY OF RIVERDALE et al.


BENHAM, Justice.

This appeal concerns a dispute over a municipal ordinance promulgated by the appellee City of Riverdale (“the City”). Section 38 of the City’s charter provides that it “shall have full control and full power and authority to regulate...and control the streets, sidewalks, lanes, alleys, squares and lands of the City of Riverdale as provided by the laws of the State of Georgia.” Based on this charter provision, the City adopted local ordinance 17-2007, Art. II, Sec. 42-33 which provides in pertinent part that “[i]t is unlawful for either the occupant or the owner of property... to have... [on or near] ...[a] sidewalk or right-of-way... any overgrown grass or weeds of a height of six inches or more or any unkempt vegetation [.]" On May 14, 2009, the City cited appellant Linda Gasses for violating this local ordinance when she failed to cut the high grass on the portion of her property adjacent to a public right-of-way. Just prior to the trial of the ordinance violation in municipal court, the Gasses filed a declaratory judgment action and action for preliminary/permanent injunction in the Superior Court of Clayton County, alleging that the ordinance was unconstitutional. The City filed a motion to dismiss the action seeking declaratory and injunctive relief. Meanwhile, the municipal court convicted appellant of violating the ordinance and fined her $150. Appellant sought to appeal the conviction by filing a writ of certiorari to the superior court.[1] However, because of her failure to act and continued noncompliance, appellant received additional citations and fines. On December 10, 2009, in the action for declaratory judgment and injunctive relief, the trial court granted the City’s motion to dismiss, holding that the Gasses had an adequate remedy at law through the filing of a writ of certiorari. The trial court also considered the validity of the ordinance, finding on the merits that it was constitutional, did not exceed the City’s police power, and did not constitute involuntary servitude. For the reasons set forth below, we affirm.

1. Appellant contends it was error to dismiss her action for declaratory judgment and injunctive relief based on the trial court’s conclusion that she had an adequate remedy at law. Although the trial court dismissed the action, citing in part the failure to pursue a petition for certiorari, we need not address this allegation because the trial court considered and resolved the issues raised in the declaratory judgment/injunctive action on the merits. Accordingly, there is no basis to reverse the trial court on this point.

2. Appellant alleges the ordinance is unconstitutional because it violates due process and equal protection by forcing elderly homeowners to perform the duties of the City’s public works employees and by treating owners differently from non-owners who occupy the property. We disagree.

[A]n ordinance under constitutional attack carries with it a presumption of constitutionality [cit.], and we have a duty to construe the legislation so as to uphold it as constitutional, if that is possible. [Cit.] Only when it is established that the legislative enactment “manifestly infringes upon a constitutional provision or violates the rights of the people” will the statute be declared unconstitutional. [Cit.]

Old South Duck Tours v. Mayor & Alderman of City of Savannah, 272 Ga. 869 (2) (535 SE2d 751) (2000). Where, as here, there is neither a suspect classification nor a fundamental right at stake, a rational relationship test is applied to determine whether the statute violates substantive due process or equal protection. Id. at 872; State of Georgia v. Old South Amusements, Inc., 275 Ga. 274 (2) (564 SE2d 710) (2002); Love v. State, 271 Ga. 398 (2), (517 SE2d 53) (1999). That is, the statute must bear a direct relationship to a legitimate legislative purpose to pass constitutional muster. Love v. State, supra, 271 Ga. at 400. See also City of Atlanta v. Watson, 267 Ga. 185 (1) (475 SE2d 896) (1996).

The purpose of the ordinance at issue is to abate nuisances and to promote the general health and welfare of the community. Such purpose is lawful. See City of Lilburn v. Sanchez, 268 Ga. 520 (2) (491 SE2d 353) (1997) (ordinance regulating the ownership of a pet Vietnamese pot bellied pig had a legitimate public purpose insofar as it abated smells and wastes in a residential setting). The penalties which the ordinance levies against owners and their properties further the public purpose in at least two direct ways–first, the prospect of fines and liens motivates owners to maintain their grass, weeds, and vegetation in compliance with the ordinance; and second, the resulting fines and liens give the City a means to pay for maintenance of the properties whose owners fail to comply. The ordinance does not target the elderly. The ordinance’s varied treatment of owners and occupiers by only citing owners with fines and placing liens on the owners’ properties is not illegal since a lien cannot run with an occupant, but only attach to the owner’s property. Love v. State, supra, 271 Ga. at 403 (“a legislative classification does not deny equal protection if the classification bears a direct relation to the purpose of the legislation.”); City of Atlanta v. Watson, 267 Ga. at 190 (a legislative classification scheme need not be perfect to pass constitutional muster and the city’s different treatment of types of residences did not violate equal protection). The trial court did not err in finding that the ordinance was constitutionally sound.

3. Appellant contends the ordinance exceeds the City’s police power. This argument is without merit. “[A] municipal ordinance is a valid exercise of the police power if it is substantially related to the public health, safety, or general welfare.” City of Lilburn v. Sanchez, supra, 268 Ga. at 522. The enforcement of an ordinance which has as its purpose the abatement of public nuisances such as overgrown grass and vegetation is a valid exercise of a municipality’s police power. See City of Montgomery v. Norman, 816 So2d 72, 79 (Ala. 1999). A municipality may also exercise its police power for the purpose of esthetics. Members of City Council of City of Los Angeles v. Taxpayers for Vincent, 466 US 789, 805 (104 SC 2118, 80 LE2d 772) (1984); Old South Duck Tours v. Mayor & Alderman of City of Savannah, supra, 272 Ga. 869 (3). Here, the purpose of the ordinance is to maintain the public’s health, safety, and welfare by prohibiting overgrown grass, weeds, and vegetation which can be unsightly and harbor rodents and other pests. This is a valid use of the City’s police power. The judgment of the trial court is therefore sustained on this ground.

4. Appellant contends the instant statute is akin to involuntary servitude outlawed by the federal and state constitutions. We disagree. In response to this country’s past institutional enslavement of people of African descent, the Thirteenth Amendment of the United States Constitution and Article I, Section I, Para. XXII of the Georgia Constitution outlaw involuntary servitude. The United States Supreme Court has held that “the prohibition against involuntary servitude does not prevent the State or Federal Governments from compelling their citizens, by threat of criminal sanction, to perform certain civic duties.” U.S. v. Kozminski, 487 US 931, 944 (108 SC 2751, 101 LE2d 788 (1988). Key examples of such civic duties are jury service, military service, and roadwork. Id. A municipal ordinance requiring a citizen to maintain grass, weeds, and vegetation for the welfare of the community is not constitutionally prohibited involuntary servitude. See Rowe v.


City of Elyria
, 38 Fed. Appx. 277, 283 (6th Cir. 2002). Accordingly, the trial court did not err when it upheld the validity of the City’s ordinance.

Judgment affirmed. All the Justices concur.



__________________

[1] On December 18, 2009, the Superior Court of Clayton County dismissed appellant’s petition for writ of certiorari for failure to comply with the service requirements of OCGA § 5-4-6 (b). The Court of Appeals denied her application for discretionary review and this Court denied appellant’s subsequent petition for certiorari (S10C0966).

July 05, 2010

"The Federal Government through Its Agents or Employees" and "Any Multinational Government, Any International Government, or Any Global Government"



10

LC 21 0510

House Bill 880

By: Representative Franklin of the 43rd







A BILL TO BE ENTITLED

AN ACT


To amend Part 1 of Article 1 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to treason and other subversive activities, so as to provide findings of the General Assembly regarding the constitutionality of certain federal laws and other mandates; to provide that any judicial officer, law enforcement officer, agent, or employee of the federal government, any multinational government, any international government, or any global government commits the offense of racketeering by color of law when he or she attempts to enforce any law not recognized as valid; to provide for a short title; to provide for penalties; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

This Act shall be known as the "State Authority and Anti-racketeering Act."

SECTION 2.

Part 1 of Article 1 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to treason and other subversive activities, is amended by adding a new Code section to read as follows:

"16-11-5.

(a) The General Assembly finds that:

(1) The Tenth Amendment to the United States Constitution guarantees to the states and the people all powers not granted to the federal government elsewhere in the Constitution and not prohibited by the Constitution;

(2) The Ninth Amendment to the United States Constitution guarantees to the people all rights not otherwise enumerated in the Constitution;

(3) Article I, Section 8, Clause 6 of the United States Constitution grants the federal government the power to punish persons for counterfeiting the securities and current coin of the United States;

(4) Article I, Section 8, Clause 10 of the United States Constitution grants the federal government the power to punish persons for piracies and felonies on the high seas and for offenses against the law of nations;

(5) Article III, Section 3 of the United States Constitution grants the federal government the power to prescribe the punishment for treason;

(6) The United States Constitution contains no other grant of power, general or specific, to Congress or the federal government to provide for the punishment of any other crimes;

(7) The states granted supremacy only to the Constitution of the United States, laws made pursuant to the Constitution of the United States, and treaties made under the limited constitutional authority of the United States;

(8) The United States may not delegate by treaty that which has not been delegated to it by the states;

(9) Congress and the federal government have enacted laws, executive orders, rules, regulations, and other mandates that are beyond the scope of these constitutionally delegated powers;

(10) Any actions taken by the federal government through its agents or employees that are not authorized by the Constitution of the United States are unlawful; and being unlawful, they are criminal offenses against the affected parties; and

(11) The State of Georgia hereby reclaims authority under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the states in the Constitution of the United States.

(b) Any judicial officer, law enforcement officer, agent, or employee of the federal government, any multinational government, any international government, or any global government commits the offense of racketeering by color of law when he or she attempts to enforce any federal, multinational, international, or global law not recognized as valid by application of the standards set forth in subsection (a) of this Code section.

(c) It shall not be an affirmative defense to a prosecution under subsection (b) of this Code section that the defendant was acting under color of law unless he or she is enforcing an order based upon a conviction for a crime recognized as valid in subsection (a) of this Code section.

(d) A person convicted of a violation of subsection (b) of this Code section shall be guilty of a felony and shall be punished by imprisonment for up to 30 years for each offense."


SECTION 4.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.

The United States of America (USA)



10

LC 21 0503

House Bill 879

By: Representative Franklin of the 43rd







A BILL TO BE ENTITLED

AN ACT

To amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide a short title; to provide a legislative declaration of authority; to define certain terms; to provide that products grown, produced, or manufactured and located in Georgia shall not be subject to federal law or regulations; to provide for exceptions; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

This Act shall be known and may be cited as the "State Authority and Intrastate Commerce Act."

SECTION 2.

Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by adding a new chapter to read as follows:

"CHAPTER 16

10-16-1.

The General Assembly declares that the authority for this chapter derives from the following:

(1) The Tenth Amendment to the United States Constitution, which guarantees to the states and their people all powers not granted to the federal government elsewhere in the Constitution and reserves to the state and people of Georgia certain powers as they were understood at the time that the citizens of Georgia ratified the Constitution. The guaranty of those powers is a matter of contract between the state and people of Georgia and the United States as of the time that the compact with the United States was agreed upon and adopted by the 13 original states of these United States;

(2) The Ninth Amendment to the United States Constitution, which guarantees to the people rights not granted in the Constitution and reserves to the people of Georgia certain rights as they were understood at the time the union of states was formed. The guaranty of those rights is a matter of contract between the state and people of Georgia and the United States as of the time that the compact with the United States was agreed upon and adopted by the 13 original states of these United States; and

(3) The regulation of intrastate commerce vested in the states under the Ninth and Tenth Amendments to the United States Constitution, particularly if not expressly preempted by federal law.

10-16-2.

As used in this chapter, the term:

(1) 'Borders of Georgia' means the boundaries of Georgia as deduced from the Constitution of Georgia; the Convention of Beaufort; the Articles of Cession and Agreement with the United States of America entered into on April 24, 1802, which defines the northern boundary of the state as lying along the 35th parallel; the Resolution of the General Assembly dated December 8, 1826; and the adjudications and compromises affecting Alabama, Florida, and South Carolina and are as described in Code Section 50-2-1.

(2) 'Manufactured' means that a product has been created from basic materials for functional usefulness.

(3) 'Produced' means grown, manufactured, assembled, mined, extracted, generated, or created.

10-16-3.

A product that is produced commercially or privately in Georgia and that remains within the borders of Georgia shall not be subject to federal law or federal regulation or under the authority of Congress to regulate interstate commerce. Such items shall not be deemed to have traveled in interstate commerce. This chapter shall apply to a product that is produced in Georgia from basic materials or assembled from parts. The authority of Congress to regulate interstate commerce in basic materials shall not include authority to regulate products produced in Geogia from those materials or parts.

10-16-4.

A product manufactured or assembled in Georgia under this chapter shall have the words 'Made in Georgia' clearly stamped on an integral part. Products grown, mined, extracted, or created in Georgia shall have the words 'Georgia Product' stamped on the container or packaging.

10-16-5.

The provisions of this chapter shall apply to products that are produced and retained in Georgia after July 1, 2010."


SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.

June 30, 2010

"An Officer, Agent, or Employee of the Federal Government or of a State or Federal Financial Institution" and "Congress and the Federal Government"



10

LC 34 2344

House Bill 878

By: Representative Franklin of the 43rd







A BILL TO BE ENTITLED

AN ACT

To provide for a short title; to report the findings of the General Assembly regarding the constitutionality of certain federal laws and other mandates; to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to prohibit state or federal agents or employees of financial institutions from seizing assets under color of law; to provide for penalties and other punishment; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

This Act shall be known as the "State Authority and Deposit Security Act."

SECTION 2.

The General Assembly finds that:

(1) The Tenth Amendment to the United States Constitution guarantees to the states and the people all powers not granted to the federal government elsewhere in the Constitution and not prohibited by the Constitution;

(2) The Ninth Amendment to the United States Constitution guarantees to the people all rights not otherwise enumerated in the Constitution;

(3) Article I, Section 8, Clause 6 of the United States Constitution grants the federal government the power to punish persons for counterfeiting the securities and current coin of the United States;

(4) Article I, Section 8, Clause 10 of the United States Constitution grants the federal government the power to punish persons for piracies and felonies on the high seas and for offenses against the law of nations;

(5) Article III, Section 3 of the United States Constitution grants the federal government the power to prescribe the punishment for treason;

(6) The United States Constitution contains no other grant of power, general or specific, to Congress or the federal government, to provide for the punishment of any other crimes;

(7) Congress and the federal government have enacted laws, executive orders, rules, regulations, and other mandates that are beyond the scope of these constitutionally delegated powers;

(8) Any actions taken by the federal government through its agents or employees that are not authorized by the Constitution of the United States are unlawful; and being unlawful, they are criminal offenses against the affected parties; and

(9) The State of Georgia hereby reclaims authority under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the states in the Constitution of the United States.

SECTION 3.

Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, is amended by adding a new Code section, to read as follows:

"16-8-22.

(a) An officer, agent, or employee of the federal government or of a state or federal financial institution commits the offense of theft by color of law when such officer, agent, or employee seizes or attempts to seize any money in a financial institution in this state belonging to a citizen of this state unless the seizure is pursuant to a federal court order based upon a conviction for:

(1) Counterfeiting the securities and current coin of the United States;
(2) Piracies and felonies on the high seas;
(3) Offenses against the law of nations; or
(4) Treason.

(b) It shall not be an affirmative defense to a prosecution under subsection (a) of this Code section that the defendant was acting under color of law unless he or she is enforcing an order based upon a conviction for a crime enumerated in subsection (a) of this Code section.

(c) A person convicted of a violation of subsection (a) of this Code section shall be guilty of a felony and shall be punished by imprisonment for up to ten years for each $1,000.00 or portion thereof seized or attempted to be seized and by a fine in an amount equal to triple the amount seized or attempted to be seized, which fine shall be paid to the victim of the offense."


SECTION 4.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.

June 27, 2010

"The Federal Government, Its Agencies or Agents, or the Congress of the United States"



10

LC 18 8555T

House Bill 877

By: Representative Franklin of the 43rd







A BILL TO BE ENTITLED

AN ACT


To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the comprehensive regulation of federal tax funds; to provide for a short title; to provide for legislative findings; to provide for definitions; to create the federal tax fund panel and provide for its members, operation, powers, and duties; to create the federal tax fund and provide for its operation; to provide for powers, duties, responsibilities, and liabilities of state officials and state taxpayers in connection with the forgoing; to provide for related matters; to provide for applicability; to provide for use of certain funds; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new chapter to read as follows:

"CHAPTER 37

50-37-1.

This chapter shall be known and may be cited as the 'State Authority and Federal Tax Funds Act.'


50-37-2.

(a) The Tenth Amendment to the Constitution of the United States of America states that '(t)he powers not delegated to the United States by the Constitution, or prohibited by it to the States, are reserved to the States respectively, or to the people.' The General Assembly finds that the Tenth Amendment to the Constitution of the United States of America defines the total scope of federal power as being that specifically stated in the Constitution of the United States of America and no more.


(b) The General Assembly finds that the federal government, its agencies or agents, or the United States Congress does not have the power under the Constitution of the United States of America to appropriate or otherwise expend funds for purposes that are outside the scope of the powers enumerated in the Constitution of the United States of America for the federal government.


(c) In light of the continuing unconstitutional federal expenditures, the state hereby reasserts its authority pursuant to the Tenth Amendment to the Constitution of the United States of America.

50-37-3.

As used in this chapter, the term:

(1) 'Director' means the director of the Office of Treasury and Fiscal Services;
(2) 'Federal tax' means any tax that a person in this state is required to pay under Title 26 of the United States Code;
(3) 'Federal Tax Fund' means the escrow account created by Code Section 50-37-5;
(4) 'Panel' means the Federal Tax Fund Panel created in Code Section 50-37-4; and
(5) 'Person' means natural persons, corporations, partnerships, limited liability companies, associations, and other legal entities.


50-37-4.

(a) There is created the Federal Tax Fund Panel which shall consist of six members of the General Assembly, none of which shall be members of the State Bar of Georgia. Three members shall be appointed by the Speaker of the House of Representatives and three members shall be appointed by the President of the Senate.


(b) In even numbered years the Speaker shall appoint one of the members of the Panel as chairman, and in odd numbered years the Lieutenant Governor shall appoint one of the members of the Panel as chairman. Each person appointed as chairman shall serve for a term of office of one year and until that person's successor is appointed and qualified. Any vacancy occurring during a year shall be filled by the appointing officer for the remainder of the unexpired term of office.

(c) The Panel shall determine the percentage of all federal expenditures that are in compliance with the limits placed on the federal government by the states using the most recent data published by the federal government plus any additional information on other expenditures made but not disclosed by the federal government. No Federal expenditures shall be qualified for disbursement to the appropriate federal recipient from the Federal Tax Fund unless the use of those expenditures is made transparent to the Panel and to the members of the General Assembly for the purpose of certifying the constitutionality of said expenditures.

50-37-5.

(a) The Federal Tax Fund is created in the state treasury. All federal tax moneys collected by the state on behalf of the federal government shall be deposited by the director into the Federal Tax Fund.


(b) The director, on a quarterly basis shall disburse the funds to the respective appropriate federal recipient provided that it has been determined by the Panel that all federal expenditures for the most recently published fiscal year were only for constitutional purposes. The percentage of federal appropriations that are in compliance with the limits placed on the federal government by the states in Section 8 of Article 1 of the Constitution of the United States of America, as determined by the Panel, shall be the same percentage of the Federal Tax Fund that the director shall disburse to the appropriate federal recipient. The remainder of the fund shall be withheld.

(c) Funds that the director withholds from each federal recipient plus any interest earned thereon shall be transferred quarterly from the Federal Tax Fund and deposited into the general fund for general use.

50-37-6

(a) Any person liable for any federal tax shall remit the tax when due along with the federal taxpayer number to the director for deposit into the Federal Tax Fund.

(b) All moneys collected pursuant to subsection (a) of this Code section shall be transmitted to the director who, as a fiduciary agent, shall credit the funds to the Federal Tax Fund on behalf of the person who remitted the tax.

(c) The director shall submit to the federal Internal Revenue Service the names and tax identification numbers of, and the date on which and amounts deposited by, persons liable for any federal tax so that the Internal Revenue Service can credit the state's taxpayers for federal tax obligations.


50-37-7.

Any person who is:

(1) Liable for any federal tax who fails to forward federal tax moneys to the director; or

(2) Not required to pay a federal tax but pays it anyway or does not forward the voluntary amount to the director;

shall be subject to penalties assessed pursuant to applicable federal or state statutes.


50-37-8.

In compliance with the Oath or Affirmation clause found in Article VI of the Constitution of the United States of America, the Governor, members of the General Assembly, judges, the Attorney General, the Secretary of State, the director, the state auditor, and all other state officers and employees shall implement this chapter regardless of any sanctions, threats, court action, or other pressure brought to bear by federal authorities.


50-37-9.

Any actions by the federal government, its agencies or agents, or the Congress of the United States against any person in this state for compliance with this chapter shall be considered an action against this state, and this state shall make an appropriate response to cause the action to cease and desist. This state shall take all necessary measures to recover from the federal government, its agencies or agents, or the Congress of the United States the reasonable costs of defending the action.


50-37-10.

This chapter shall apply to federal taxes collected after the date on which this chapter takes effect, and, because the 'Constitution, and the Laws of the United States
which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land,' [emphasis added], this article shall be enforced retroactively to repeal any unconstitutional federal mandates that have been imposed on the state.

50-37-11.

The General Assembly, by simple majority vote in both houses, shall determine how the moneys transferred from the Federal Tax Fund to the general fund, including accrued interest, are to be used for the benefit of the people of the state. These moneys shall be used for the benefit of the people of Georgia only. Nothing in this Code section shall prohibit the General Assembly from authorizing all or a portion of the funds withheld from the appropriate federal agency be refunded to the federal taxpayers from whence it came and such refund shall not be considered a gratuity."


SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.

April 22, 2010

The System



10

LC 29 4070S (SCS)

Senate Bill 235

By: Senators Pearson of the 51st, Rogers of the 21st, Smith of the 52nd and Tolleson of the 20th


AS PASSED SENATE




A BILL TO BE ENTITLED

AN ACT


To provide for a short title; to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to prohibit requiring a person to be implanted with a microchip; to provide for definitions; to provide for penalties; to provide for regulation by the Georgia Composite Medical Board; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:


SECTION 1.

This Act shall be known as the "Microchip Consent Act of 2010."


SECTION 2.

Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, is amended by adding a new Code section to read as follows:

"16-5-23.2.

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

(1) 'Implant' includes any means intended to introduce a microchip internally, beneath the skin, or applied to the skin of a person.

(2) 'Microchip' means any microdevice, sensor, transmitter, mechanism, electronically readable marking, or nanotechnology that is passively or actively capable of transmitting or receiving information. Such term shall not include pacemakers.

(3) 'Person' means any individual, irrespective of age, legal status, or legal capacity.

(4) 'Require' includes physical violence; threat; intimidation; retaliation; the conditioning of any private or public benefit or care on consent to implantation, including employment, promotion, or other benefit; or any means that causes a person to acquiesce to implantation when he or she otherwise would not.

(b) No person shall be required to be implanted with a microchip.

(c) Any person who implants a microchip in violation of this Code section shall be guilty of a misdemeanor.

(d) Any person required to have a microchip implanted in violation of this Code section may file a civil action for damages.

(e) The voluntary implantation of any microchip may only be performed by a physician and shall be regulated under the authority of the Georgia Composite Medical Board."



SECTION 3.

This Act shall become effective on July 1, 2010.


SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.

August 12, 2008

"Victims of Aggression"


Russia 'cuts Georgia in half'

August 12, 2008


Georgia has been cut in half with Russian forces controlling the key town of Gori, just 60km away from the capital Tbilisi, the country's president has said.

Mikheil Saakashvili told a national security meeting on Monday that Russia's military had "cut off connections between western and eastern Georgia".

However, Russia denied taking Gori, which sits on Georgia's only east-west main road and from which Moscow could cut off eastern Georgia from the country's western Black Sea coast.

Russian forces have reportedly moved into the towns of Senaki, Zugdidi and Kurga, close to the de facto border with Georgia's breakaway South Ossetian region, despite a Russian general's claim earlier in the day that Russia had no plans to enter Georgian territory.

Georgia also said that Russian forces had entered the Black Sea port city of Poti. Moscow described the move as a reconnaissance mission.

'Total onslaught'

Alexander Lomaia, the secretary of Georgia's security council, said: "This is a total onslaught. Russian forces are occupying Gori.

"Georgian armed forces received an order to leave Gori and to fortify positions near Mtskheta to defend the capital."

Jonah Hull, Al Jazeera's correspondent, confirmed that the city of Gori had been largely evacuated.

"The evacuation began suddenly ... when word came that the Russians were 5km to 10km from the city's limits," Hull said.

"I have seen civilians and the army fleeing. Georgian troops clinging to the back of quad bikes. I have seen tanks leaving in no particular formation.

"Basically, it's panic."

The UNHCR, the United Nation's refugee agency, said that 80 per cent of the 50,000 population of Gori had fled because of Russian attacks.

At least seven Georgian soldiers were injured in an attack on a military convoy leaving Gori, according to an AFP news agency photographer.

In South Ossetia, the separatist government said Georgia had resumed an artillery bombardment of its capital, Tskhinvali, where residents reported many deaths.

It has said 2,000 people have been killed in South Ossetia, a figure disputed by Georgia.

Diplomatic moves

Meanwhile, Nicolas Sarkozy, president of France, which currently holds the rotating EU presidency, was due in Moscow on Tuesday to hold talks with Dmitry Medvedev, his Russian counterpart, on a plan to end the conflict.

But Russia's ambassador to the UN on Monday rejected the proposed Western draft resolution in the Security Council based on a three-point French peace plan.

Bernard Kouchner, France's foreign minister, and Alexander Stubb, the foreign minister of Finland, which currently heads up the Organisation for Security and Co-operation in Europe, were also to push the peace plan to Russian officials.

Sarkozy was also expected to travel to Tbilisi later in the day to meet Saakashvili.

The diplomatic move came the day after George Bush, the US president, called for an immediate ceasefire saying he was "deeply concerned" that the Russians had moved "beyond the zone of conflict" and appeared to be moving to depose the Georgian president.

"Russia's government must respect Georgia's territorial integrity and sovereignty,'' the president said.

"[Its] actions this week have raised serious questions about its intentions in Georgia and the region."

But Vladimir Putin, Russia's prime minister, said on Monday that the West had mistaken the real aggressors for the victims.

"The very scale of this cynicism is astonishing," he said in a speech to senior officials.

"The attempt to turn white into black, black into white and to adeptly portray victims of aggression as aggressors and place the responsibility for the consequences of the aggression on the victims."

An extraordinary Russia-Nato council meeting was also set to be held in Brussels on Tuesday at Moscow's request to discuss the conflict, according to an alliance spokeswoman.

'Premeditated murder'

The Georgian foreign ministry said on Monday that more than 50 Russian warplanes had flown over Georgian territory.

"Tbilisi was bombed. Bombs hit the village of Kojori and Makhata mountain," the ministry said in a statement.

Russia's military has acknowledged it had lost 18 soldiers and four aircraft in the conflict but gave no details of its latest operations.

Saakashvili said that "cold-blooded, premeditated murder" had been committed against his country and said that there would be "no surrender" to Russian aggression.

"The world has a moral duty to stop the madness," he said.

Saakashvili said that the manner in which Russian troops mobilised in South Ossetia over recent days clearly indicated that it was a pre-meditated operation.

"It is obvious... the Russian invasion had been planned for months and months and months. The timing of this intervention has been chosen deliberately [with regards] to the Olympics," he said.

"It is so clear what has happened. We are in the process of invasion, occupation and annihilation of a democratic, independent country.

"Please wake up everybody and make your position and speak with a united voice ... We are seeing the cold-blooded, pre-meditated, murder of a small country."