[SEDXC] House Bill 19

Sun Jan 11 14:07:50 EST 2009

I should have actually looked up this Bill before posting!  It is more ridiculous than I thought it would be.  Reading the proposal, simply listening to a AM/FM receiver could subject you to a Misdemeanor!  Basically, if you have an auto accident while listening, tuning, ect., to a receiver/ transmitting device, your guilty!  It is your responsibility to rebut this presumption.  I would imagine if the bill stays as proposed, there will be a constitutional attack for shifting the burden of the presumption of innocence.

I used to prosecute out here in Douglas County.  There are plenty of statutes on the books, under Title 40, to address Rep. Mary Oliver's concerns.  We simply need to enforce the laws that are on the books.  Not to mention the Civil side of the law, which protects victims of negligent drivers.  Under the current state of law, we already owe each other due care in anything we do, such as operating a motor vehicle.  We do not need such a law.

These proposed bills/ crap just piss me off.  

Chris Wynn
N4XFA

Christopher L. Wynn
Attorney-at-Law
Christopher L. Wynn, ESQ., P.C.
5682 Palazzo Way, Suite 101
Douglasville, Ga., 30134
(770)942-8661 (Landline)
(770)577-1626
chris at chriswynnlaw.com

--- On Sun, 1/11/09, Chris Wynn <n4xfa at yahoo.com> wrote:

From: Chris Wynn <n4xfa at yahoo.com>
Subject: Re: [SEDXC] House Bill 19
To: "*SEDXC (Reflector)" <SEDXC at contesting.com>, "Keith LaBorde (K4KAL)" <k4kal at arrl.net>
Date: Sunday, January 11, 2009, 1:39 PM

I remember this issue coming up back in 1998.  It did not go anywhere, but I
think we would be naive to sit back and remain quiet.  It has been a long time
since I have had to look at these issues, since my practice is limited to
mostly Domestic relations and Criminal practice.
However, our privilege to operate is granted by the Federal Government, not
State Law.  Federal Law always preempts State Law; hence, whats known as the
"Supremacy Clause."  Therefore, any State action in an attempt to
limit a Federal Act, such as Part 97,  would be federally preempted and void. 
I know the State will attempt to use what is known as its Police powers, which
is reserved exclusively to the States, to rationally attack mobile operation,
but that does not protect us as we would like.

As a side note, however, it would be interesting to see how the State
addresses CB radio, which is also a Federal privilege, as much as we might
dislike!  Which, through the trucking industry, is intricately tied into
Interstate Commerce and travel (a power source for the Federallies used to
address civil right back in the '60s).

With this being said, we cannot stand idle with any attacks on our privilege to
operate.  Whether it is BPL or mobile operations.  Each of us need to address
this with OUR STATE REPRESENTATIVES.  I imagine the cell phone lobby will be
pouring countless dollars into this.  However, we probably, for the most part,
on our own, as amateurs.  Education seems to be the best ammo for these types
of attacks.

Just my two cents, for what it's worth!

73's es Gud DX,
Chris Wynn
N4XFA

Christopher L. Wynn
Attorney-at-Law
Christopher L. Wynn, ESQ., P.C.
6716 Church Street, Suite B
Douglasville, Ga., 30134
(770)942-8661 (Landline)
(770)577-1626
chris at chriswynnlaw.com

--- On Sun, 1/11/09, Keith LaBorde (K4KAL) <k4kal at arrl.net> wrote:

From: Keith LaBorde (K4KAL) <k4kal at arrl.net>
Subject: Re: [SEDXC] House Bill 19
To: "*SEDXC (Reflector)" <SEDXC at contesting.com>
Date: Sunday, January 11, 2009, 11:01 AM

Thanks Charles...
I need to go back to this website, and click on "State" then.
I assumed this was a Federal Bill.

73,
Keith, K4KAL

Hi Keith:

The bill in question is a Georgia State Legislature Bill in the GEORGIA House
of Rep.

Congress has nothing to do with this.  We don't need to contact congress
only our local State Representative, and State Senator who represents us in
Atlanta.

We all need to call the troops into action, in opposition to this bill!

73 es DX,
Charles K4GK
  ----- Original Message ----- 
  From: Keith LaBorde (K4KAL) 
  To: *SEDXC (Reflector) 
  Sent: Sunday, January 11, 2009 10:38 AM
  Subject: RE: House Bill 19

  Hello,

  I would like to suggest everyone to go to the following website. 
  http://www.congress.org
  Plug in your Zip + 4 and it will bring up your Federal and State
Representatives.
  Click on "State", and you can write a email and send it to your
Representatives
  automatically at no charge.

  I use this often, and I frequently get a response back from my
representatives either by phone
  or email.  So they do take this method of communications to them serious.

  Thanks for the post by Rick NQ4I, and then forwarded by Bob W2WG.

  73,
  Keith, K4KAL

  From: secc-bounces at contesting.com [mailto:secc-bounces at contesting.com] On
  Behalf Of Rick Dougherty NQ4I
  Sent: Sunday, January 11, 2009 6:17 AM
  To: SECC
  Subject: [SECC] House Bill 19

  I just read a review of Georgia House Bill 19...it includes a ban on the use
  of a cell phones while driving, and also included in the ban is the use of
  ham radios or citizen band units!! We need to get the word out on this bill,
  and talk with/write our representatives that Ham radio needs to be lifted
  from this bill!! It will end ham radio mobil operations completely! No more
  Ga QSO party etc.....de Rick NQ4I 

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