REP. STEPHANIE STUCKEY BENFIELD'S
LEGISLATIVE REPORT
Week of March 12 - March 16, 2007
WEEKLY LEGISLATIVE REPORT - March 16, 2007
By Rep. Stephanie Stuckey Benfield
Bill would reduce jury vote for death penalty
The House Judiciary (Non-Civil) Committee has favorably reported legislation that would change state law and give judges the authority to impose the death penalty even if a jury fails to reach a unanimous recommendation.
House Bill 185 would end a rule demanding unanimous juries for death sentence, instead allowing judges to sentence someone to death if a jury submits an 11-1 vote in favor of the death penalty. Supporters say the bill would prevent a lone juror from sabotaging a death sentence in capital murder cases. Opponents testified about valid constitutional issues that would likely result in protracted litigation for the state if HB 185 were to pass.
As originally written, the legislation would have lowered the threshold to a 9-3 jury vote, but HB 185 was amended in committee to the 11-1 standard. Although this was a big improvement to the legislation, I remain opposed to any proposal to make it easier to impose the death penalty.
The committee's action moves the legislation a step closer to a vote by the full House of Representatives.
The Public Service Commission voted last week to begin creating rules that would restrict the five public service commissioners from engaging in private negotiations with lobbyists, lawyers and others who have business coming before the Public Service Commission. (here. PDF)
I salute Commissioner Angela Speir, who drafted the proposed rule in order to ensure transparency in all PSC proceedings. She was joined by Commissioners Bobby Baker, Doug Everett and Chuck Eaton in voting for this rule, a positive step for good government.
I was glad to see the Governor adopt the position that many lawmakers had been advocating since early in the session in his announcement that the state will continue to fund the PeachCare for Kids program while awaiting Congressional action to restore the program's $131 million shortfall in federal funds.
Because of a bipartisan effort in Congress, Georgia will be fully reimbursed for the amount the state must spend as a stopgap measure. PeachCare has been a successful program that has helped provide basic coverage for thousands of children of Georgia's working families who participate in the program.
The House Ways & Means Committee has favorably reported HB 195, which would eliminate state income taxes on retirement earnings such as stocks, pensions and 401(k)s. Under the bill, seniors who continue to work would pay state income taxes on those earnings. A law passed in 2003 already will exempt the first $35,000 in retirement income per person when it is fully phased in next year. The new proposal, which now faces a vote on the House floor, would exempt retirement income above that level.
The Georgia Budget & Policy Institute reported on a study (PDF) estimating that only seniors in the top 10 percent of income would benefit from HB 195. The study said 96 percent of the tax cut would go to seniors with annual incomes of $100,000 or more.
HB 283, which would require all Open Records requests to be submitted in written form, either in person, e-mail, or fax, was favorably reported, in a narrow 5-4 vote, by the House Civil Judiciary Committee. Proponents of the bill state it would protect government officials from prosecution from inadvertently failing to comply with the law. Opponents indicate it will deter average people from seeking public records and possibly lead to more lawsuits.
HB 590, which would reduce fines imposed on motorists caught crossing the red light by cameras, was narrowly defeated in the House Transportation Committee by a 12-11 vote. Supporters of the bill contend local governments are using red light cameras as an additional revenue stream. Opponents of the bill claim such cameras assist with reducing accidents a maintaining public safety.
Within the same committee, however, HB 77, would accomplish the same goal as HB 590 and provide the State a much needed benefit. HB 77 would allow local governments to continue fining motorists at $70, but the city or county would only keep 25 percent of the revenue. The remaining 75 percent would go to a proposed state fund to improve trauma care.
Rep. Stephanie Stuckey Benfield (D-Atlanta) represents the 85 th District (DeKalb County) in the Georgia House of Representatives. Contact her at 512 Coverdell Office Building, Atlanta, GA 30334; by phone at 404-656-7859 or by e-mail at stuckey@mindspring.com.
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