[ale] OT: Does the governor own your bodY?

ChangingLINKS.com ChangingLINKS.com at bigfoot.com
Mon Apr 1 02:39:57 EST 2002


04-01-02 0212
This weekend I have gotten calls from a doctor, a carpenter, a political 
activist - and just received an email from the State Chairman of the Southern 
Party of Georgia. Hate to turn political on you guys, but this is an 
important issue that we should all take the time to consider.

I will be at the Capitol tomorrow regarding SB 385 (meeting friends at room 
309). From what I have heard and read, the governor will have power to force 
injections of drugs in _your_ body. I don't like the government even thinking 
they have rights tell me what I can and can't do with _my_ body - much less 
forcing medical treatments.

Please take 3-5 minutes today to call the governors office at 404-656-1776 
and simply say that you do not want SB385 to pass. Here is one of the emails 
I received giving more details:

Fellow Georgians,
I am aware this is short notice, but I just found this out tonight.

Tomorrow, April 1st, the House Judiciary Committee will be meeting, and on
the agenda is SB 385, the legislation on bioterrorism and Public Health
Emergencies.

I urge all of you to contact the members of the House Judiciary Committee
NOW and tell them you do NOT want this legislation passed out of Committee!

If one of these is your Representative, even better!  Use some or all of the
'talking points' outlined below. You may find contact information for the
House Judiciary Committee at:
http://www.legis.state.ga.us/Legis/2001_02/house/gahjudy.htm

You can view the text of the bill here
http://www.legis.state.ga.us/Legis/2001_02/fulltext/sb385.htm

Here are some details on the bill:

        Section 2,3,5,7 - All reports and data dealing with
information turned into agencies do not have to be open to public review.
It also makes those who report able to do so in strict confidentiality and
they are immune from litigation or civil damages.  Who defines the word
"unusual"?  It is very vague and leaves the door open to abuse and mischief.

        Section 6 - What is meant by the term "novel" and who
defines it as it pertains to a public health emergency?

        Section 7 - Requires doctors, medical examiners, coroners,
pharmacists to report your medical information to the public health
department and they won't be held liable.  This information may be shared
with whomever the public health director deems necessary to know. This is a
total invasion of a patient's medical privacy.  Why can't statistical
information be given and not specific identifying information about an
individual?

        Section 7 - DHR  is empowered to declare certain conditions
and the reporting of certain accidents and conditions for public health
emergencies.  What accidents and conditions would be considered
bioterrorism?  What is meant by the word "suspicious" and who determines the
definition?  Also, it allows for actions to be taken based on someone's
"belief"  and not actual facts.

        Section 8 - Gives DHR the ability to destroy private
property.  Will there be just compensation?  Will there be any mandates for
factual documentation to prove that there is in fact justification to
destroy someone's property?  DHR once again is allowed to write the rules
and regulations regarding this section without any guidelines or mandates by
the legislature.  They will also be allowed to make the rules and
regulations regarding 38-3-51 which involves commandeering private property,
evacuation.    

        Section 9 and 10 - DHR makes all the rules and regulations
regarding  a public health emergency.  The legislature, who are elected and
accountable to the people this will affect should make the specific
guidelines.

        Section 9 - Mandated vaccines.  There needs to be a broad
exemption clause in this bill for those opposing mandated vaccines whether
for religious, health, etc. purposes.  This bill as it's written would
mandate a one-size-fits-all medical treatment.  Also, there is nothing in
the bill regarding informed consent.  DHR can mandate vaccines even
 if the disease is not an active threat.

        Section 10 - Allows for DHR to make the rules and
regulations regarding forced quarantine.  The legislature who is elected and
accountable to the people needs to make some guidelines and provisions.  Why
can't people be allowed to be quarantined at home?

        Section 13 - A public health emergency may be declared and
actions taken based on a "belief" that there's  bioterrorism and not actual
proof.  People can have serious adverse consequences due to actions taken
and no legal recourse if the "belief" is wrong.  Also, what is defined as an
"imminent threat"?

        Section 14 - The statute should require the Governor to
provide written findings of fact before declaring an emergency.  These
findings should be distributed to the legislature prior to the declaration.
Note: Look at the powers given to the governor under 38-3-51.

        Section 15 - DHR is given authority to take over private
property and management of private business that they "deem reasonable and
necessary for an emergency response".  The wording is very vague and leaves
the door wide open for abuse.  There needs to be more legislative guidelines
and oversight.

        Section 16 - Limitless authority given to DHR for a public
health emergency as well as no liability ( blanket immunity) for those
acting under their directives.  What happens if people suffer adverse
reactions and even death due to DHR' s decisions?

        Section 17 - Administrative Procedures Act is thrown out the
window during a public health emergency.  This deals with quarantines,
contraband and the like authorized by law and without notice. In other
words, there has to be no information given to the public and no public
input on decisions that can adversely affect them.  Current rules and
regulations could be changed without any notice until the last day of the
declared emergency.  Also, the emergency actions would continue 120 after
the state of emergency. 

        This bill transfers legislative authority and responsibility
to the executive branch - both the governor and DHR! 

As you can easily tell, this is one of the most evil pieces of legislation
to come along in a very long time.  If this passes, the governor can declare
a State of Emergency on a whim...based solely on his 'belief' that a
'threat' of bioterrorism exists.

Lastly, if you can spare the time, please come to the Capitol at 11:00 AM.
Help lobby these Representatives against this bill, and also sit in on the
Judiciary Committee meeting! 
-- 
Wishing you Happiness, Joy and Laughter,
Drew
http://www.ChangingLINKS.com

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