BREAKDOWN: The 5 Constitutional Amendments on the Nov 2018 Ballot

The 5 Constitutional Amendments on the November 2018 Ballot

Amendment 1 — Portion of Revenue from Outdoor Recreation Equipment Sales Tax Dedicated to Land Conservation Fund Amendment 

This would give the state the authority to dedicate “up to” 80% of the existing sales and use tax on outdoor sporting goods to be used for land conservation.  This was initially supposed to happen when the sales tax was put into place but never occurred. The “up to” 80% language means the legislature is still not required to allocate the tax money but can be allocated up to that percentage.

The funds would be used to support state parks and trails, provide stewardship of conservation lands and acquire land for the provision or protection of clean water, wildlife, hunting, fishing, military installation buffering, or outdoor recreation. These initiatives would be carried out by creating the Georgia Outdoor Stewardship Trust Fund, which would be handled by the state. 40% of the 80% allocated would go to this fund.

It will appear on the ballot as follows:

Without increasing the current state sales tax rate, shall the Constitution of Georgia be amended so as to create the Georgia Outdoor Stewardship Trust Fund to conserve lands that protect drinking water sources and the water quality of rivers, lakes, and streams; to protect and conserve forests, fish, wildlife habitats, and state and local parks; and to provide opportunities for our children and families to play and enjoy the outdoors, by dedicating, subject to full public disclosure, up to 80 percent of the existing sales tax collected by sporting goods stores to such purposes without increasing the current state sales tax rate?

VOTING YES means you support allowing the state to authorize up to 80% of the sales tax for outdoor goods for conservation.

VOTING NO means you oppose support allowing the state to authorize up to 80% of the sales tax for outdoor goods for conservation.

The Georgia Outdoor Stewardship Coalition is one of the main sponsors of this amendment as is The Georgia Conservancy.

Opponents of the amendment say it doesn’t go far enough or have enough enforcement teeth to require the money actually be used for conservation. It simply allows the state to send the money to the fund if it chooses.


Amendment 2 – Business Court Creation

Amendment 2 would create a new court system in the state of Georgia, specifically for businesses. This will allow judges in the business court to be APPOINTED not ELECTED. All judges would be appointed by the Governor and there would be no limit on how long a judge could serve.

It will appear on the ballot as follows:

Shall the Constitution of Georgia be amended so as to create a state-wide business court, authorize superior court business court divisions, and allow for the appointment process for state-wide business court judges in order to lower costs, improve the efficiency of all courts, and promote predictability of judicial outcomes in certain complex business disputes for the benefit of all citizens of this state?

VOTING YES means you support amending the Constitution to authorize the state to create a state business court and would set the rules, term length and qualifications of the court.

VOTING NO means you oppose amending the Constitution to authorize the state to create a state business court which would appoint judges by way of the Governor,  set the rules, term length and qualifications of the court.

This Amendment was sponsored by the Governor’s floor leaders and others, including Representatives Chuck Efstration, Terry Rogers, Trey Rhodes, Christian Coomer, Wendell Willard, and Barry Fleming. All are Republicans.

Governor Nathan Deal told WABE that, “A constitutional created business court would provide an efficient and dependable forum for litigants in every corner of our state.” This is a measure that was part of his Court Reform Council in his earlier years as governor. The amendment has the support of the Georgia Chamber of Commerce and is being pushed by “Georgians for Lawsuit Reform.”

Here’s the link to the bill.


Amendment 3 – Forest Land and Timberland Conservation

This amendment would revise current law by subclassifying forest land conservation use property for ad valorem taxation purposes. It would also change the method for establishing the value of forest land conservation use property and related assistance grants.

Amendment 3 will appear on the ballot as follows:

Shall the Constitution of Georgia be amended so as to revise provisions related to the subclassification for tax purposes of and the prescribed methodology for establishing the value of forest land conservation use property and related assistance grants, to provide that assistance grants related to forest land conservation use property may be increased by general law for a five-year period and that up to 5 percent of assistance grants may be deducted and retained by the state revenue commissioner to provide for certain state administrative costs, and to provide for the subclassification of qualified timberland property for ad valorem taxation purposes?

VOTING YES means you support allowing the legislature to change the formula used to calculate the tax on forest land conservation use property and create a new land designation for commercial timberland. This also allows the state to establish a percentage of local grant assistance funding that could be retained by the state for administration.

VOTING NO means you oppose allowing the legislature to change the formula used to calculate the tax on forest land conservation use property and create a new land designation for commercial timberland. This also allows the state to establish a percentage of local grant assistance funding that could be retained by the state for administration.

The bill is supported by the Georgia Forestry Commission and Governor Deal. Andres Villegas, president and CEO of the Georgia Forestry Association was quoted saying, “For more than 100 years, the Georgia Forestry Association has been instrumental in timber tax legislation, which has positioned the state as a global leader in forestry. Thanks to the leadership of our elected officials and Governor Deal, we can, once again, ensure that our tax policy supports the growth and vitality of our working forests and the communities that depend on them.”

You can read the bill here.


Amendment 4 – Marsy’s Law/Victim’s Rights

Amendment 4, known as Marsy’s Law, addresses the rights of victims of crime. It is part of a national effort to add additional rights and privileges for victims of crime.

The amendment allows, upon request, crime victims to have specific rights, including the right to be treated with “fairness, dignity, and respect;” the right to notice of all proceedings involving the alleged criminal; the right to be heard at any proceedings involving that release, plea, or sentencing of the accused; and the right to be informed of their rights. The amendment also explicitly stated that the legislature was able to further define, expand, and provide for the enforcement of the rights.

The amendment will appear on the ballot as follows:

Shall the Constitution of Georgia be amended so as to provide certain rights to victims against whom a crime has allegedly been perpetrated and allow victims to assert such rights?

VOTING YES means you support adding more rights of victims of crimes to the State Constitution, known as Marsy’s Law.

VOTING NO means you oppose adding more rights of victims of crimes to the State Constitution, known as Marsy’s Law.

Marsy’s Law for Georgia is a special advocacy organization created just for this bill and is the main sponsor. The amendment is endorsed by a number of victims’ rights groups.

Joe Mulholland, a District Attorney in South Georgia, told his local paper that the amendment is technically already part of the law. “It’s already technically part of Georgia law, but the legislature felt like being a part of the constitution is even stronger. Having that and knowing its part of the constitution, I think it gives peace of mind to prosecutors.”

The Georgia Public Policy Foundation, a nonpartisan think tank, has voiced concerns about the unintended consequences of the law, even penning a piece on it. You can read that here, but among the concerns are 1) additional attorney costs and costs for support staff for victims, 2) the risk of infringing the rights of someone accused of a crime, 3) an increase in false accusations, and seemingly most severe, the accused could “lose their right to be presumed innocent until convicted.”

The Georgia Public Policy Foundation also said in an article published on their website that “A constitutional amendment is no place to risk infringing the rights of someone accused of a crime. The accused have the presumption of innocence until convicted; their life and liberty are at stake. For many suffering victims and their surviving families, there’s a fine line between justice based on a court of law and vengeance based on the alleged wrongdoing.”


Amendment 5 – School Sales Tax Referendums

Amendment 5 is the School Sales Tax Referendums Amendment. This amendment, if passed, would allow school districts or groups of school districts within a county to call for a sales and use tax referendum. For example: Fulton County and Atlanta City Schools or Cobb County and City of Marietta Schools.

The sales tax would be used for the educational purposes of the school districts and would be 1%. The term could be upwards of 5 years.

It will appear on the ballot as follows:

Shall the Constitution of Georgia be amended so as to authorize a referendum for a sales and use tax for education by a county school district or an independent school district or districts within the county having a majority of the students enrolled within the county and to provide that the proceeds are distributed on a per-student basis among all the school systems unless an agreement is reached among such school systems for a different distribution?

VOTING YES means you support the amendment to allow a school district or districts with a majority of enrolled students within a county to call for a referendum to levy a sales tax for education purposes.

VOTING NO means you oppose the amendment to allow a school district or districts with a majority of enrolled students within a county to call for a referendum to levy a sales tax for education purposes.

Ballotpedia quotes Senator Ellis Black, a sponsor of the Amendment, in an interview saying, “the measure was designed to put provisions in place so that a school system with a majority of the full-time equivalent (FTE) students can place a renewal of an ESPLOST on the ballot before voters without having to ask all the systems within a county. Black also said the measure was designed to prevent a smaller school system from essentially blackmailing a larger school system within the county from passing a resolution to place an ESPLOST renewal on the ballot, and similarly, that it would stop a larger school system from preventing smaller systems from putting the issue before voters.”

The bill passed 33-17 down party lines.

Republished Courtesy of All on Georgia

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