LEGISLATIVE REPORT
Bill would reduce jury vote for death penalty
By REP. CHARLES F. JENKINS

Charles Jenkins

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.

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. The committee's action moves the legislation a step closer to a vote by the full House of Representatives.

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 suc- cessful 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 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 and maintaining public safety.

Within the same committee, 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.

During the last few weeks it has been my honor to host an increasing number of visiting groups, mainly from Union and Towns Counties. A majority of the groups are students from local schools and senior citizens. In addition to touring the Capitol, I have been able to provide free tickets to the Cyclorama, Atlanta Zoo and the Coca-Cola Museum.

I welcome our citizens from Rabun, White, Towns and Union Counties to visit these areas, and especially to take advantage of a guided tour of the Georgia Capitol. You are invited to call, write or e-mail my office to make arrangements for scheduled visits.

Rep. Charles Jenkins (DBlairsville) represents the 8th District (Rabun, Towns, Union and White counties) in the Georgia House of Representatives. Contact him at 411 Coverdell Office Building, Atlanta, GA 30334; by phone at 404-656-0126 or by e-mail at charles.jenkins@house.ga.gov.