Latest news with #CrossoverDay
Yahoo
03-04-2025
- Politics
- Yahoo
Georgia House OKs bill to overhaul wrongly convicted payout after splicing to Trump-inspired vehicle
Mario Stinchcomb was exonerated for a 2002 murder conviction. He recently appeared at a press conference to support a formula for the wrongfully incarcerated to get compensation for lost years. Ross Williams/Georgia Recorder The Georgia House passed a bill Wednesday that seeks to overhaul the compensation process allowing the state to pay wrongfully convicted Georgians, a system that has long relied on individual resolutions to pay people who were locked up and later exonerated. Republican lawmakers in the state House prevailed in a contentious 244-61 vote after legislators spliced it onto a bill aimed at allowing criminal defendants to recoup their legal costs if the prosecuting attorney in their case is disqualified for personal or professional misconduct. The original wrongful compensation bill, House Bill 533, stalled in the House on Crossover Day, March 7, passing out of the chamber's Judiciary Non-Civil Committee but never appearing on the floor for a vote. Previous versions of the bill have faced fierce opposition in the Senate, particularly by Sen. Randy Robertson, a Cataula Republican and former law enforcement officer who has repeatedly raised questions about the innocence of convicts who he says could be exonerated by the courts on a legal technicality. But attached to Senate Bill 244, which the bill's lead sponsor Sen. Brandon Beach said is inspired by President Donald Trump's election interference case in Georgia, it may face a smoother path to success. As one of only a few states without a designated statute in place to compensate wrongfully convicted citizens, Georgia's wrongfully incarcerated residents face an uphill battle when attempting to secure compensation. That's on top of the already complex, often yearslong process prisoners must undertake in order to get a conviction overturned. Once they've secured their freedom, those who have been wrongfully convicted must then find a state representative who is willing to sponsor an individual compensation resolution for them and file a claim with Georgia's Claims Advisory Board. For any claims over $5,000 — which encompasses most, if not all wrongful conviction cases — the advisory board will then make a recommendation to the legislature, which apportions compensation funds as part of the annual state budget. 'Certainly, this process is not meant for wrongful conviction,' said Maggie Hasty, who oversees claims for the Secretary of State's office. 'It is meant for people who have monetary claims against state agencies.' Following the Advisory Board's recommendations, those resolutions then go through the full legislative process and must pass committees and floor votes in both the House and Senate before they can take effect. Advocates have criticized the current system, arguing that it results in unequal treatment between exonerees and subjects individual compensation resolutions to legislators' political whims. But under the language in HB 533, sponsored by Rome Republican Rep. Katie Dempsey, the pathway would be streamlined. The bill would establish a new process under Georgia state law for people who have been exonerated, allowing administrative law judges — rather than the Claims Advisory Board — to rule on wrongful conviction compensation cases. It would also award a standardized rate of $75,000 for each year of incarceration to each exoneree, with an additional $25,000 added for each year spent on death row. For Dempsey, who sponsored two individual compensation resolutions for residents of Floyd County in addition to the Wrongful Conviction Compensation Act, 'a wrongful conviction is unimaginable.' 'I often put myself in those shoes — because it could happen to any of us, or our children, or someone we love or care about,' she said, adding, 'I wouldn't last ten minutes in prison and you all know that. I would need a lot more than money to make me whole.' For the five citizens hoping to seek compensation this year, however, time may already have run out. On Crossover Day, lawmakers combined five individual compensation resolutions into House Resolution 128, which passed overwhelmingly in the House but did not receive a hearing on the Senate side until Tuesday, after the deadline to add it to the Senate calendar had passed. The Senate Appropriations Subcommittee on Compensation, which Robertson chairs, began its hearing at 6 a.m. on Tuesday morning, ultimately concluding after more than four hours of testimony without a final vote. 'We rush too many things through this building without having legitimate, deep-dive conversations about it,' Robertson said, comparing the combined bill to a 'bastard son.' For House Democrats, who have overwhelmingly supported compensating those who are wrongfully convicted in previous bienniums, the marriage between the wrongful conviction act and a bill aimed at compensating President Donald Trump presented a philosophical dilemma. According to state Sen. Brandon Beach, an Alpharetta Republican and staunch Trump ally who was recently appointed by the president to serve as U.S. Treasurer, SB 244 was directly inspired by Trump's election interference case in Georgia, in which Fulton County District Attorney Fani Willis was disqualified after an appeals court judge found that her romantic relationship with special prosecutor Nathan Wade created a ''significant' appearance of impropriety.' Under SB 244, attorney's fees and other costs would come out of county prosecutors' budgets, which Democrats fear could have a disproportionate impact on smaller counties with more limited budgets, and discourage prosecutors from tackling complex or high-profile cases. In a scathing Minority Report, state Rep. Shea Roberts, an Atlanta Democrat, condemned the combination of the two pieces of legislation. 'I wanted to believe that we were better than this,' she said. 'I held out hope that the majority party in this chamber would not use its legislative power for blatant political retribution. And tacking the Wrongfully Incarcerated Compensation bipartisan bill that our colleagues have worked tirelessly to pass for years onto this punitive SB 244 makes me physically sick.' The bill would also directly benefit a sitting legislator: Sen. Shawn Still, a Johns Creek Republican, was indicted in the Fulton County election interference case alongside Trump and 17 other codefendants. If the bill passes, he too may be able to recoup the cost of his legal fees. But state Rep. Scott Holcomb, an Atlanta Democrat who sponsored two previous versions of the Wrongful Conviction Compensation Act, urged his colleagues to vote in favor of the bill. The current compensation process 'has been candidly broken for a very, very long time,' he said. 'What it leads to is inconsistent results: some people get compensation, some people don't. Some people get a certain amount of compensation, some people get less, some people get more.' He also highlighted the repeated issues he's faced getting the Senate to consider any form of compensation for the wrongfully convicted. 'What's happened since 2022 is no resolutions have moved, period, in the senate,' he said. 'They haven't entertained them, they haven't considered them. Last year they didn't even have hearings for measures that were passed here.' Though the vast majority of Democrats voted against the bill, Holcomb and Dempsey are optimistic that combining the two bills will improve their chances of establishing change by the end of the 2025 legislative session. 'I don't like being sideways with the majority of my caucus,' Holcomb said after the bill passed on the House floor. 'But at the same token, when all is said and done, and when I leave this building for good, there's going to be very few things that I've worked on that will have been incredibly consequential. This will be one of them, and so I had to continue to support it, and I'll continue to support it, and I really hope that it gets to the finish line this year.' The legislation now returns to the Senate, which must agree to the amended House version before the bill can advance to the governor's desk. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
03-04-2025
- Business
- Yahoo
A look at bills that died before Crossover Day at the Capitol
Apr. 2—MORGANTOWN — Wednesday was Crossover Day at the Legislature: Day 50 of the 60-day session, the deadline for bills to pass out of their house of origin and cross the Capitol to the other chamber. As it happens every year, many of the bills we follow and report on are left to die without floor action. Here's a look at some we've called attention to. House bills HB 2033 says a foster or adoptive family's sincerely held religious or moral beliefs on sexual orientation or gender identity may not serve as a condition for eligibility to foster or adopt. The Department of Human services may not deny a current or prospective family eligibility based on those beliefs. And the state may not use the family's beliefs that a particular placement is not in the best interests of the child. A House Health subcommittee approved the bill but the full committee never took it up. HB 2376, saying DHS may not require a foster child to be immunized if the foster family objects to immunization based on religious or moral convictions, suffered the same fate. HB 2139 was an attempt to end the tax on income derived from tips. A House Finance subcommittee approved it but it died in the full committee. The House of Delegates and Senate tried advancing bills to require each public school — including charters — to have on campus a wearable panic alarm system. Each employee would be trained how to wear and use the alarm. HB 2394 was approved by the House Education Committee but died in Finance. SB 434 was similarly approved in Senate Education but died in Senate Finance. Senate bills Another tax bill, SB 610, to exempt overtime pay from personal income tax, was approved by a Senate Finance subcommittee but likewise died in the full committee. SB 751, to ban making, selling or distributing lab-grown meat, passed out of Senate Agriculture but died in Judiciary. SB 439 was aimed at raising the property tax on windmills. It passed out of Senate Energy but died in Finance. SB 448 aimed to allow coal companies to take a severance tax credit for road improvements and purchases of production equipment. Senate Energy approved it but Finance let it die.
Yahoo
02-04-2025
- Politics
- Yahoo
Boarding school child abuse scandal spurs two very different bills in WV House and Senate
Miracle Meadows School, a Christian boarding school in Salem, West Virginia, was shut down in 2014 after multiple allegations of abuse of students. (Forbes Law Offices | Courtesy photo) In the wake of a child sexual and physical abuse scandal at a West Virginia boarding school, the Senate and House of Delegates have been considering two very different pieces of legislation. A Senate bill, backed by heiress and actress Paris Hilton, sought to prevent child abuse by regulating in-state residential programs and some outdoor programs that often serve children with behavioral issues. In the House, a bill would have reduced the timeframe that a civil suit brought by a victim of child sexual assault or abuse could be filed against the state's insurance program, the Board of Risk and Insurance Management, known as BRIM. Miracle Meadows in Salem closed in 2014, and dozens of former students who say they were subjected to horrific abuse began coming forward in 2017, and some civil cases are ongoing. The state could be on the hook for $100 million in settlements paid out by BRIM. Both bills are unlikely to become law after not going up for a vote in their respective chambers on Wednesday's Crossover Day deadline. Senate Judiciary Committee Chair Mike Stuart, who parked Senate Bill 817 — the Paris Hilton bill — in his committee, said the legislation needed more work that couldn't be completed by the legislative session deadline. While the measure would have exempted religious programs from regulation, Stuart said concerns from leaders of religious-based programs about 'unintended consequences' had stalled the bill. 'There were some drawbacks that would have taken a lot of time in committee, especially up against the demands of deadlines,' he said. 'It was just more a victim of time than anything [else].' The bill would require state licensure for private adolescent residential programs and some outdoor or boot camp experience. It also banned the use of physical discipline in these programs and mandated that children have regular, unsupervised video communication with their parents. Hilton, who says she was abused in residential treatment facilities as a teen, urged state senators to pass the bill, saying it would establish 'essential protections' for children. Bill sponsor Sen. Laura Wakim Chapman, R-Ohio, said the bill would close 'a hole' in current state law, citing widespread abuse at Miracle Meadows. One lawsuit against the facility on behalf of child victims, which was settled for $50 million, said the children experienced routine beatings and at times were not given toilet paper, requiring them to remain in their own filth. 'Our children have to be protected, and this is one way to protect them,' she said. 'This is such a common sense bill.' West Virginia Watch recently reported that the state has spent $70 million on housing foster children in out-of-state facilities. Chapman said the bill could encourage 'good actors' to set up well-regulated, in-state programs to help children with behavioral issues who are now forced out of state. 'We do need help, and we need to stop shipping our children in crisis out of state,' she said. Stuart, who was nominated by President Donald Trump to serve as general counsel for the federal health department, said he'd like to see the bill workshopped during interim meetings ahead of the next year's legislative session. 'I'm interested in whatever we can do to fix the system,' Stuart said. In the House, a bill sponsored by Speaker Roger Hanshaw would have reduced the window for child victims whose abusers were covered by state insurance to seek relief in civil suits. The measure, House Bill 3516, originated in the House Judiciary Committee late last week, raising concerns from House Democrats that the controversial bill had skipped the typical process of how legislation is introduced in the House. House leadership decided on Wednesday morning to move the bill to its inactive calendar without explanation. Some members said there wasn't consensus among Republicans, who hold a super majority in the House, on the measure. Hanshaw, R-Clay, said the state has been assessing what types of liabilities BRIM should cover. The lengths of some statutes of limitations — the window when claims can be brought — have caused BRIM rates to rise for entities using the insurance program, including county boards of education and cities. The multi-million dollar payouts for Miracle Meadows will be one of the largest liabilities BRIM has had to cover in the last couple of years, Hanshaw said. 'In consultation with BRIM, we decided it makes sense to start the conversation about just how long we should leave open statutes of limitations on various kinds of claims. This bill is one of them, to make it sound like it's more than it is. Is, frankly, pretty irresponsible,' Hanshaw said on Monday. Current law allows a child victim of sexual abuse and assault 18 years after reaching age 18 to bring a civil claim; the bill would give victims two years after reaching age 18 to file a civil claim if it was against an entity covered by BRIM. 'This legislation is a devastating blow to victims of childhood sexual abuse. We know how difficult it is for survivors to come forward, and how long it can take to process that trauma,' said Del. Shawn Fluharty, D-Ohio in a news release. The state Democratic Party called the measure a 'dangerous and callous attempt to roll back legal protections for survivors of childhood sexual abuse.' 'The timing of this bill is especially egregious in light of the tragedy that was exposed less than two years ago at the Miracle Meadows Boarding School for troubled youth in Salem, West Virginia,' the group said Tuesday in a news release. Thirty-two victims have come forward with abuse allegations against Miracle Meadows. Hanshaw said there had been a mischaracterization of what the bill was intended to do. The bill was not 'intended to make life easier for the perpetrators of sexual violence,' he emphasized. There would be no changes to criminal claims or proceedings under the legislation. 'We will punish the perpetrators of horrific violence under the criminal laws of the state of West Virginia, exactly like we always would have,' Hanshaw said. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
02-04-2025
- Business
- Yahoo
Maryland reparations bill advances, Gov. Wes Moore dodges questions on whether he supports the measure
A Maryland bill to establish a commission to study reparations – including financial restitution – is moving forward, as it is expected to clear its final hurdle in the House of Delegates, while the governor attempts to dodge questions about whether he supports the proposal. The bill, a priority for the Legislative Black Caucus of Maryland, passed the Senate in the middle of last month before Crossover Day, which marks the unofficial deadline for legislative leaders in the General Assembly to move bills to the other legislative chamber that they plan to send to the governor for final approval. The bill received a favorable vote in its assigned House committee on Friday, WBFF reported. It is expected to be voted on in the full House before the legislative session adjourns next week. Senate Minority Whip Justin Ready, a Republican, told WBFF he does not understand why the reparations bill is being advanced as the state faces a $3.3 billion deficit, which is expected to increase even more to $6.7 billion by fiscal year 2028. Ntsb Says Lack Of 'Vulnerability Assessment' By Maryland Officials Preceded Deadly Key Bridge Collapse "We don't have the money right now to be exploring these options, period," Ready told the outlet. "[T]he issue of reparations, I'm sure elicits strong opinions, but the fact is, it's just something that's not financially feasible, whether you think it's a good idea or not." Read On The Fox News App "I question whether using taxpayer money would ever be appropriate in this context," he added. "Even going back to when reparations were paid to survivors of the Holocaust, they went after companies that were involved. Not after taxpayers." The proposed commission is expected to initially cost Maryland taxpayers $54,500 annually, according to the nonpartisan Maryland Department of Legislative Services. Similar reparations commissions have been created by state governments in California, Colorado, Massachusetts, New York and Illinois. Dem Gov Says Md, With $3B Deficit, Has Been Doing Doge 'Before Anyone Knew What [It] Was' Last year, the California Reparations Task Force released a report following a two-year study in which the state was called on to issue a formal apology for slavery and other racial injustices and to offer financial payouts. The report recommended a financial restitution formula that would provide eligible recipients with up to $1.2 million each, although state lawmakers have not yet held a vote to authorize the first payments. Maryland Gov. Wes Moore, a Democrat, has dodged questions about his state's bill since it was introduced in January. He was asked at the time if he supported the measure, but turned his focus to economic priorities. "Nah, we are going to work with the Maryland General Assembly on a whole collection of different issues," Moore told WBFF at the time. "Our focus is economic advancement; our focus is economic growth. It's making sure we can really meet people where they are, make life more affordable. That we are modernizing of state government." The governor was asked again about the issue during his visit to celebrate the Baltimore Orioles' home opener on Monday afternoon at Pickles Pub. WBFF attempted to speak with him, but the requests were denied. The outlet reached out to the governor's office after his appearance at the pub, but his spokesperson's response did not address the questions about the reparations bill. Ready told WBFF that the bill could harm the national attention Moore has received over the past year. "I don't think Gov. Moore would want this on his desk because I think it is a distraction to trying to get real problems solved," Ready said. "[T]here may be some people it motivates, in some way, but a lot of those are kind of on the fringes." If the law is enacted in its current form, the commission must provide its preliminary report by January 1, 2027, and a final report by November 1, article source: Maryland reparations bill advances, Gov. Wes Moore dodges questions on whether he supports the measure
Yahoo
01-04-2025
- Business
- Yahoo
Family caregivers in WV would be eligible for a tax credit, bill sits in Senate Finance
Senate Bill 697, the 'Caregiver Tax Credit Act,' would establish a nonrefundable tax credit for eligible family members for expenditures incurred in their caregiving duties. (Getty Images) Family members caring for aging parents, spouses, veterans and others in West Virginia would be eligible for a tax credit, according to a bill in the Senate. AARP West Virginia backs this bill, estimating that it could help 250,000 caregivers who are helping family members in the state. But as Crossover Day is Wednesday — the day legislation must move out of their chamber of origin — the tax credit bill sits parked in the Senate Finance Committee. 'Family caregivers often face significant out-of-pocket expenses, averaging over $7,200 annually, to ensure their loved ones receive the necessary care,' said Gaylene Miller, AARP West Virginia state director. 'A caregiver tax credit would provide significant financial relief to family caregivers, promoting independence and safety for loved ones, and encouraging more individuals to take on caregiving roles.' The measure, Senate Bill 697, is known as the 'Caregiver Tax Credit Act.' It would establish a nonrefundable tax credit with a maximum of $2,000 for eligible family members 18 years of age and older for eligible expenditures incurred in their caregiving duties. A fiscal note by the state Tax and Revenue Department estimates that the proposed legislation would result in a loss of General Revenue funds of $160 million to $260 million per year beginning in fiscal year 2028. 'While this tax credit will cost the state initially, I believe the savings will more than be made up for it because Medicaid will not have to pay for nursing home residential care,' said Sen. Laura Wakim Chapman, R-Ohio, who sponsored the bill. 'Beyond the savings, our elderly deserve to remain in their homes surrounded by their loved ones for as long as possible.' Representatives from AARP West Virginia say their research shows 84% of Republican, Democratic and independent voters support a tax credit for caregivers. 'The caregiver tax credit bill is a righteous investment in keeping disabled or elderly West Virginians out of institutional care,' said Sen. Mike Woelfel, D-Cabell, a co-sponsor of the measure. 'This is the most 'West Virginia' bill I have seen in 11 sessions. We are our brothers' keepers.' The Senate Health Committee advanced the legislation March 19, sending the measure to the finance committee. Senate Finance Chairman Jason Barrett was unavailable to comment for this story. U.S. Sen. Shelley Moore Capito, has introduced a bill on the federal level — the Credit for Caring Act — aimed at providing financial relief for family caregivers. The bipartisan legislation would offer a tax credit of up to $5,000 for eligible working family caregivers to help offset caregiving expenses. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
