Northwest Georgia Senator and Rules Chairman Jeff Mullis wants to make Georgia a two-party consent state and he’s never been more wrong.

Under current Georgia law, only one party must consent to being recorded in a conversation and that one party can be the recording party. (Ex: If I’m having a conversation with Bob and I decide to record it, I don’t need to ask Bob’s permission. I’m the consenting party.)

But this is nothing more than a poorly structured elected official protection act – or “Cagle’s Law.” Mullis can say it isn’t about our former Lieutenant Governor who was recorded on tape during the 2018 election cycle saying he backed ‘bad public policy’ because of [expletive] politics, but Senator Jeff Mullis, who donated more than $10,000 to Cagle’s failed campaign, is doing this to make sure no one else gets Cagled. The bill is sponsored by other Cagle supporters including Senators Larry Walker, Steve Gooch, John Wilkinson, Butch Miller, and Ellis Black.

Mullis filed Senate Bill 59 this week, which would bring Georgia in line with 12 other states in the U.S. that require both parties give consent to being recorded – California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington. (Ex: I consent to conversation with Bob and both Bob and I announced that we consent to being recorded) The other 36, including Georgia, protect individuals in consensual conversations.

Mullis was quoted in the AJC saying that people have “a right to know when people are recording them.”

He’s wrong about that. Rights are found in the Constitution. The Constitution is supposed to restrict the government, not people. The legislation not only restricts people individually but interferes in private interactions between two parties who are already consenting to have a conversation. The government does not need to be involved.

These lawmakers would be limiting a tool long used by the media, a tool that has long allowed the media to hold elected officials accountable. Perhaps that’s why they want to make it illegal. Remember the Planned Parenthood videos back in 2015? Some of that was protected by one-party consent laws. In California, they faced felony charges. Mitt Romney was recorded in 2012 talking about Obama voters and the ACORN voting process recordings rocked the election in 2008. These seem to exclude the times when private citizens have taken things they recorded to the media for distribution because a crime was committed or something unethical was happening in their community.

In rural Georgia, I was able to highlight the poor behavior of a magistrate judge because of the one-party consent rules. Ironically, the judge and his attorney were not aware of Georgia’s one-party consent law and even dangled the idea of criminal charges in front of me because I released the recording of his inappropriate behavior.

From the Atlanta Journal Constitution:

It’s something that Georgia First Amendment Foundation President Richard T. Griffiths said would be “very bad for the public.”

Not only would it have an impact on investigative journalism, it would keep people from being able to pursue legal action against people trying to commit fraud over the phone, Griffiths said.

The current law is direct, clear, and takes less than a paragraph to explain, but Mullis and his friends in the Senate want to change that in the name of a failed political campaign and a candidate who amounted to an even bigger failure. I can’t think of a worse reason to enact a law, but I’ve come to know that our lawmakers thrive in environments where the public has less and politicans can do more.

Criminal charges for recording a conversation between adults. That’s what these Senators want to do with Senate Bill 59.

It’s imperative for you to contact your state lawmakers and voice your disapproval. Additionally, contact Lieutenant Governor Geoff Duncan and urge him not to allow this bill to come to the Senate floor for a vote.

If you support investigative journalism, the First Amendment, consensual conversations between adults without government regulation, and the rights of an individual, email this group and let them know you OPPOSE Senate Bill 59 and encourage them to vote against the measure in committee.

jesse.stone@senate.ga.gov, blake.tillery@senate.ga.gov, billheath@billheath.net, harold.jones@senate.ga.gov, john.kennedy@senate.ga.gov, william.ligon@senate.ga.gov, elena.parent@senate.ga.gov, michael.rhett@senate.ga.gov, brian.strickland@senate.ga.gov

You can contact the sponsors of the bill by email at:

jeff.mullis@senate.ga.gov
john.wilkinson@senate.ga.gov
butch.miller@senate.ga.gov
ellis.black@senate.ga.gov
larry.walker@senate.ga.gov
steve.gooch@senate.ga.gov

In 2015, I said I would never forgive the Georgia legislature for putting forth a bill that put me in a position to defend strippers, but the government overreach and unnecessary taxation was just too much to keep quiet. It was a trying time and even still, if you google my name, you’ll be blessed to see information about strippers – all in the name of liberty.

And here we are, two years later, facing another overreach and another tax. The victim this time? Porn.

State representative Paulette Rakestraw has filed House Bill 509 which would require retailers to put a “digital blocking capability” on some devices to make “obscene material” inaccessible. Retailers, in this code section, would mean anyone who SELLS or LEASES a device that allows content to be accessed on the Internet. The “blocking capability” is required to make porn, child porn, revenge porn, websites about prostitution, and websites about sex trafficking all inaccessible.

Retailers would be required to have a telephone line where consumers could call to report complaints and it prohibits retailers from giving consumers intel on how to deactivate the blocking program themselves.

Here is the real humdinger: If you are 18 years of age or older, request in writing that you would like to deactivate the program, acknowledge in writing that you understand the dangers (yes, that is really the word they use) of deactivating the program, and pay a $20 fee, you can have the program removed from your device.

You read that correctly. If, as a reasonable, responsible, American adult, you wish to look at obscene material in the privacy of your own home, you have to tell the grandmother at the Wal-Mart check out line that you would like her to delete the program so you can enjoy the device to the fullest extent.

First things first: how does a computer program identify whether or not porn is regular porn or revenge porn? Where does the list of people who consented in writing go? Is the state going to maintain a database of who may one day look at obscene content?

Second, phones, tablets, computers, Smart TVs, AppleWatch, Fitbits – anything that connects to the Internet would be subjected to this $20 fee if you, as an adult, wish to enjoy the luxury of obscenities and adult entertainment. The language is so broad and does not specify what type of content has to be accessible for a device to qualify.

The cover is in the name of the bill. “Human Trafficking Prevention Act.” Your legislators believe that taxing people who watch porn will prevent human trafficking. Say that aloud so you can hear how ridiculous the idea is.

The money will be directed, by way of a Constitutional Amendment, to the “Georgia Mental Health and Addiction Treatment Trust Fund” and then directed to programs for nonpermanent long-term residential mental health and addiction treatment.

Would someone like to explain to me how funding addiction treatment programs is going to help prevent human trafficking?

People who become victims as a result of any violation of the legislation can apply for restitution from the fund for an amount not to exceed three times the amount the original consumer paid the retailer for the device.

At first glance of the bill, I thought the legislation was sponsored by Kim Jong Un, but no, it is our beloved Republicans. Republicans that should obviously hand over their Party cards and get in line for the Communist Express train that is on its way. This is not limited government. This is not low taxation. This is not pro-Constitution.

Let’s once again, run through the reasons why something like this is not only inappropriate, but unconstitutional.

Porn is free speech. This is a tax on free speech. A tax on people who wish to exercise and enjoy free speech.

Here’s another thing: By taxing porn, the government is condoning the industry, “allowing” it to exist, if you will. If the risks are SO high for sex trafficking and child pornography, then all porn should be illegal.

The fact that there is no advocacy for eradication of porn just reiterates the point: This isn’t about protecting anyone or helping anyone. It’s about taxing a vulnerable industry that is considered immoral. There is less resistance. After all, who is going to speak out in favor of porn?

Why does a woman like myself, who sees no value in porn – for education or entertainment – have to take on a cause and try to explain to our legislators why free speech protects obscenities?

Now, Crossover Day has come and gone, which means House Bill 509 cannot pass “as-is,” but the legislature has already passed multiple sex trafficking and sex crime bills in both chambers to which this language could be attached. And then, of course, there is next year due to the fact that a bill can be revived in a two-year period.

I told you this would happen. Anyone who opposed the garbage that was Senate Bill 8 knew this would happen. When you give government the authority to tax a business because of preference, not purpose, you set a precedent. A $5,000 annual fee just to run an adult entertainment establishment leads to a $20 fee if you want the privilege to view the dark parts of the Internet while at home…what is next?

Forests, strippers, fireworks and porn. That would be the Georgia Constitution, y’all.

If passed by the legislature, the Constitutional Amendment to make this permanent would be on the November 2018 ballot. The worst part of all is that they will probably get away with it.

There are two things I hate: when someone takes advantage of their position in government and when The People are silenced. Unfortunately, my job highlights both of those things almost daily.

I remember when I first moved to South Georgia and started working on a corruption case. Someone said to me, “You know they’re not all going to be like this. Not all towns are like this.” Of course I didn’t believe him because I’m no political rookie and it took me all of one month on the council/commission meeting circuit to learn that simply is not true.

Whether people are buying elections, making promises to businesses, circumventing the system checks and balances, discussing votes off the record ahead of time, quietly receiving money, publicly receiving money, ignoring the rule of law, or having prisoners mow their own yard, nearly everywhere you look you will see people losing the battles against their governments.

Sure, there are little victories and things to cheer about, but by and large, problems exist in all corners of government operations. Throw in the courts and the public universities for good measure.

If I had a dollar for every time an interested, informed citizen was made a mockery of or told that a council meeting was not a time for them to address their council members I could build my own town, which I would, of course, name Sunshine USA.

But this is the reality. The reality is that your elected officials hope you aren’t paying attention and they hope you’ll excuse any bad behavior because of a long running friendship or because they sit with you at church.

I am sick and tired of people saying, “He is such a good dad” or “She has given so much to the community.” What’s even worse is when someone says, “Well, they are really trying to do what is best.”

First of all, that is fantastic, but they were not elected because they coach soccer. Second, no, they are not doing what is best for the community at the local, state or federal level. These people who rise to power via election or appointment know exactly what they’re doing. They help facilitate a system that keeps them in control. They lie to you, they twist words, they leave information out because power feels good.

“It’s not a tax increase, it’s a revenue increase,” one Georgia legislator said.
What does that even mean?

I am not saying there are not any good people in politics – I know many of them. But like us, they are losing.

Look at the state legislature. Last Wednesday and Friday the House chamber shoved nearly 100 bills to the floor for a vote. Three of them died, two of which were brought back to pass after strong arming folks to flip their votes, which they did. So out of all of those bills, all those topics, all those industries, and all those groups of people that will be affected, just one time did the people you trust to serve you collaboratively think an initiative was not in your best interest.

I could dedicate an entire blog series to terrible things the legislature does and how ours operates so backwardly, I need the state government to mandate Frontier upgrade my rural broadband before I am able to take on an endeavor like a blog series.

In all seriousness, the Georgia legislature is quietly morphing into a photocopy of the federal level – minus the Democrats who vote NO. There once was a group of legislators who would vote NO, work to reform bad bills, and influence their fellow lawmakers, but between political pressure and a damaged professional life, that movement has dissolved. Few remain, but clearly not enough. Just like one or two commissioners is not enough for change, neither is a handful of legislators when the population of the chamber is 180.

And what is this nonsense about people who vote NO being villains? I can think of more times than not when it is appropriate to vote nay: Perhaps when you did not read the bill, when you do not understand the bill, when an overwhelming number of your constituents request that you do, when you know the bill will do something negative – even to only one person, when you do not know what the bill will do, when the bill benefits a specific group of people.

Besides, if the issue is that important, it will come back soon. I assure you that no one will die while waiting for musicians who produce in Georgia to have a tax credit crafted for their industry. If you wait to approve the legislation adding “llama” to the livestock code section, I promise the world will keep turning.

Voting NO has become taboo. Look at Senators Rand Paul and Ted Cruz or Congressman Justin Amash. They have earned a level of respect, but they are still outcasts. They vote NO too much, they are idealists, they are unreasonable, and worst of all – they’re just doing it for publicity. That’s right – you’re the media whore if you dare commit the illicit action of voting against something. You’re dangerous and the powers that be will try to damage you to the people who helped elect you. “How dare you vote against my idea” is used more frequently than “Maybe we’ll agree on the next one” or “Explain to me why you voted NO.”

As for whether or not The People help decide whether or not something is going to become law, it’s time to let the air out of the balloon. It just isn’t happening. Haleigh’s HOPE Act for medical cannabis is one of the few initiatives where there was statewide pressure to pass legislation, so they did. But when the people oppose something, you may as well be speaking Yiddish in China.

To our elected officials, it’s about a tangible legacy and what can be left behind. It’s about what can be said about their tenure.

Unfortunately, the local governments are just a microcosm of all of the above. The Commissioner who questions something in a meeting is suddenly a pain in the rear. The city councilwoman who asks to table a tax increase because she thinks it’s too much is “radical.” We praise the bumps on a long who only repeat “YEA” over and over and over because they pick up the phone when we call and they send a card at Christmas.

And what are you doing while all of this is unfolding? You are in the gallery while the surgeons mutilate your organs and swipe the extra cash in your wallet while you’re under anesthesia. We watch from above but we feel every cut, snip, and tuck.

Things are not changing and as it stands, the path forward is paved with disappointment. After a while, you learn that a “win” for The People is often accompanied by the humiliation of someone else and it is likely that the very best you can do is ruin a legacy.

You attend council meetings only to be asked to refrain from commenting. You watch your Commissioners spend your money against the will of the community. You campaign for your state official only to learn that the dollar of a lobbyist is worth more than yours. You call your Congressman to be told “I’ll make note of it.” You see good people sour and succumb to the system. You become the cynic that everyone loves to hate.

But you won’t quit and neither will I. We’ll just complain about it, go to bed, and wake up for another round tomorrow. Because if we don’t, who will?

While expanded medical marijuana legislation that would help thousands of Georgians failed to get a vote in the Senate and little victories like the “brunch bill” died, both chambers spent most of Day 39 & 40 passing bills that will have little to no positive impact on 99% of our lives.

Here’s my list of the most outrageous bills of the 2016 legislative session. Note: This is the short list. There are dozens of dozens more.

11. HB 798  – Joyce Chandler

This bill allows homeschooling students who meet all the necessary state-mandated requirements to apply for the HOPE scholarship. While this looks like a good idea, the problem lies in that homeschool students, despite meeting all the same standards as public school students, have to score higher on the SAT & ACT in order to qualify. (93rd percentile for homeschool students, 85th percentile for public school students) And the reason? The sponsor said from the floor of the House that she just “came up with the number on her own.)

10. HB 838 – Shaw Blackmon

Co-sponsored by a representative whose day job is selling insurance, this bill sets a 5% “floor” for Commission rates for certain health insurance policies. Paging Captain Conflict of Interest.

9. HB 979 – Johnnie Caldwell, Jr.

HB 979 makes it “more illegal” to commit a crime against a person who is a healthcare worker or EMS personnel. With additional fines and criminal punishments, we’re telling the state of Georgia that these people have more value than regular citizens. Like the ridiculousness of “hate crimes,” this does nothing to deter violence. A crime against a person is the same – regardless of the employment status of the victim.

8. HB 509 – Jesse Petrea

This bill creates an entirely new stem of government thanks to a Republican sponsor and, of course, a Republican majority. HB 509 creates a Georgia Palliative Care and Quality of Life Advisory Council which allows the state to study and assess end of life care measures while working with nursing homes and assisted care facilities – something that is absolutely, definitely NOT the role of the state.

7. SB 331 – Bruce Thompson

SB 331 has good intentions. The goal of the bill is to prevent rapists from having parental rights should a baby result in “non-consensual” sexual relations.

The problem is that “non-consensual” doesn’t exclusively mean rape in legal terms and the bill doesn’t even call for a conviction of rape…just clear and convincing evidence. What does that even mean?

6. SB 402 – Jeff Mullis

This bill places a temporary moratorium on narcotic treatment centers in Georgia. New licenses cannot be issued until July 1, 2017. The bill calls for a study of the centers across Georgia and for the Commission to decide whether further legislative action is necessary.

Here’s my question: Under this bill, the number of narcotic treatment centers does not change. If a problem exists, this doesn’t solve it for at least TWO years. One year to study and then another year to pass and implement any changes – something that unscrupulous persons will find a way around anyway.

5. HB 840 – Ron Stephens

The Georgia legislature took time out of their short 40 day legislative session to redefine the definition of a “feral hog” and then change the wildlife code to require a permit for commercial film purposes that must be obtained by paying an annual fee. Rep. Stephens said the bill was necessary to “honor wildlife” and keep film companies in our state. If that’s true, we don’t need to tack on a fee to entice them to stay.

4. HB 808 – Wendell Willard – Repealing the Judicial Qualifications Commission

The Judicial Qualifying Commission has long been an oversight committee for judges across the state of Georgia. Unfortunately, it’s also long been victim to grudges in the legal community, and because of such, has been dissolved thanks to the Georgia legislature. The solution is to reinstate a new Commission with new appointees – ones from the Speaker and the Governor – and try to “restore the independence” of the Commission. The problem, though, is that the bill will allow all JQC files and hearings to be closed to the public in an even more private process than before.

The Constitutional Amendment to establish a new form of the JQC will be on the general election ballot in November. I urge you to vote NO.

3. SB 323 – Mike Dugan
   This bill will change the law to allow ANY state agency working on an economic development project to keep any and all records pertaining to the project confidential until the

The bill is a slap to the open records process and demonstrates our lawmakers are moving away from transparency, instead of towards it. An amendment that was added in the final days will also allow public colleges’ athletic departments 90 days to respond to open-record requests, when the timeline under the law is a mere 3 days.

2. SB 369 – Brandon Beach (℅ Jeff Mullis)

In a last ditch attempt to address MARTA following the overwhelming failure early in the session, the initiative was offered a glimmer of hope. In a shameful political move, the Senate stripped a bill originally addressing fireworks and replaced it with MARTA language. That’s right. fireworks to MARTA.
[Similar to the former TSPLOSTs in North Fulton County and South Fulton County as well as the City of Atlanta up to .75% increase  (on the sales tax).]

1.   HB 757 – Kevin Tanner

What started as a harmless, do-nothing, feel-good “Pastor Protection Act” quickly spiraled into a discriminatory bill that would allow organizations that receive tax dollars from the state to discriminate against not only same-sex couples, unwed mothers, and divorced parents. Remember the pregnancy resource center bill ? Take that one for example: A pro-life, Christian organization that receives grant money funded by our tax dollars can quickly – and without legitimate cause – turn away a pregnant teen by claiming it violates their religious beliefs.

The bill, because of its harmful language, has made for unlikely bedfellows, including the big business Georgia Chamber “establishment” folks who rallied against the bill alongside those in the the limited government liberty movement.

The most unfortunate part of this process, however, has been watching men and women of God claim this discriminatory bill is an act of good faith – of their faith – and has tarnished the open arm picturesque Christian.

Something good that passed but may not see the light of day is the campus carry legislation. Unfortunately, there are concerns that Deal will veto the measure after he raised concerns after the bill’s final passage from both chambers without significant opposition.  

Governor Nathan Deal has until May 3 to decide whether or not he will veto the legislation passed by both Chambers over the last 40 days.  

Freshman legislator Jesse Petrea (R-Savannah) announced earlier this week that he plans to introduce a bill that will exempt military exemptions from Georgia income tax. According to Walter Jones, Petrea “said he would pay for his plan by boosting the tax on cigarettes 28 cents per pack, leaving the 65-cent total below the national average of $1.60. That shouldn’t put Georgia retailers at a disadvantage, but it would help discourage some youngsters from taking up smoking and developing an unhealthy habit.”

So, not only will this bill help veterans and help attract retiring veterans to Georgia, it’s going to help the children as well. Great.

As a purist, I am against any more income tax exemptions or sales tax exemptions. And I am against every single one we have on the books. Exemptions don’t provide for limited government – they actually make for more government. “Exemption” essentially means special treatment, and while I firmly believe our veterans should always be our first priority, this is an instance where the “solution” either needs to be applied broadly or not at all.

The tax code in Georgia is already overflowing with exemptions. Pipe organ sales. Mercedes-Benz. Film industry tax credits. They all serve a purpose at some point, but never sunset and then the tax code just complicates more and more and more.

The worst part about this is that no one in their right mind will have the ability to vote NO unless they want to see a primary opponent sending mail pieces claiming they ‘voted against veterans.’ The horror of principles of limited government.

The logic is circular and only perpetuates a problem we continue to face every cycle.

1. Man introduces feel-good tax exemptions for a class of people
2. Exemption reduces revenue
3. Budget doesn’t get reduced
4. Shortfall
5. Need more revenue
6. Create new tax
7. Complicate tax code

Lather. Rinse. Repeat.

I am not advocating for the Georgia General Assembly to continue to raise taxes, and I am certainly not pushing for our veterans to be punished. But sin taxes cannot be our fallback, unless the plan is to have alcohol selling for $120 a liter and pack of cigarettes to be priced at a mere $25/pack.

All this will do is create more problems somewhere else on down the line. But on a positive note, it will give anyone who voted for the $900 million tax increase for transportation a little boost with constituents.

The firestorm stemming from the early release of transgendered inmate Ashley Diamond is dwindling but the flame fanning when it comes to the bigger picture of transgenders in Georgia is still wildly ablaze.

While serving a sentence for robbery, Ashely Diamond, who was born a male but is now living life as a female filed a lawsuit with the U.S. Department of Justice after the Georgia Department of Corrections stopped administering hormone therapy. Georgia and federal law both prohibit incarceration facilities from stopping medication that was part of an inmates lifestyle prior to entering prison, however, furthering a transition through surgery or additional hormone drugs is not permitted. Once the DoJ ruled the Georgia DoC must administer the hormones, Diamond filed another lawsuit alleging repeated rape and assault charges. Shortly after, Diamond was released after serving only 3 of the 12 year prison sentence. The Georgia DoC says early release is common, but others speculate that Diamond was released because no one knew what to do with her and the lawsuits and negative publicity seemed unending.

The majority of the issues around Diamond’s case arose because Diamond was living life as a female…in an all-male prison.

This may have been the first case of its kind in Georgia, but it certainly won’t be the last. The decision to either enact a law, or push for the Georgia Department of Corrections to establish a policy, is on the shoulders of Republicans in the Georgia General Assembly. While the issue certainly isn’t sexy, or politically expedient, it is necessary.

It becomes complicated when you consider that neither the state of Georgia nor the federal government have enacted any type of policies that address things like this. It’s even messier when you consider there’s no manual that describes where a person needs to be in the transition process to be recognized by the state as another gender. What needs to happen? Do birth certificates get re-issued? Amended? What goes on with Social Security cards? While these are federal issues in some cases, what has to occur in order for a person to be legally recognized as another gender so that they are assigned to the appropriate prison facility? Where do basic human rights start and stop with transgendered adults?

What obligation does the state have in protecting these people?

As I have previously mentioned, we are far beyond societal resistance. Faith and morals can convict you in your own home, but our state needs to catch up…and quick. Otherwise, we quickly open the door for lawsuits when inmates are raped and assaulted in prison because of our own decision to place them at risk. It can and will happen. What’s worse is that is spans far beyond prisons.

The prison stories seem to be unending. Hospitals. Schools. School bathrooms. It will cost Georgians millions, and even if the state wins, that costs money, too.

It is no longer about whether or not you agree. This isn’t a private business baking a cake. This is a state-funded operation that is going to cause problems continuously if something isn’t done. Permanent isolation? Separation dorms for transgendered people? Try something. Start somewhere. Otherwise, lawsuit settlements are paid by taxpayers. We can’t keep turning a blind eye simply because we don’t know what to do. Georgia needs to work toward a policy. Now.