PROPOSED CONSTITUTIONAL AMENDMENTS AND STATE-WIDE REFERENDUM QUESTIONS GENERAL ELECTION NOVEMBER 6, 2018 - Constitutional Amendments 1-5 Summaries ...
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PROPOSED
CONSTITUTIONAL AMENDMENTS
AND
STATE-WIDE REFERENDUM QUESTIONS
GENERAL ELECTION
NOVEMBER 6, 2018
Constitutional Amendments 1-5
Summaries of Amendments and
State-wide Referendum Questions A and BThis booklet contains copies of the five proposed amendments to the Constitution in their entirety. These amendments will be submitted at the general election on November 6, 2018. As required by the Constitution, these proposed amendments in their entirety are on file in the office of the judge of the probate court in each county and are available for public inspection. This booklet also includes summaries of the five proposals as prepared by Attorney General Christopher Carr, Secretary of State Brian P. Kemp, and Legislative Counsel Rick Ruskell and published in the newspaper which is each county’s official legal organ. In addition, summaries of the two state-wide referendum questions prepared by Secretary of State Brian P. Kemp are included.
CONSTITUTIONAL
AMENDMENTS
1-5-1- ten years after its effective date, stores to such Court of Appeals, and Supreme
provided that such repeal date purposes without Court. Nothing in this paragraph
House Resolution No. 238 may be extended for a maximum incr easing the shall preclude a superior court
Resolution Act No. 414 of ten additional years. The current state sales from creating a business court
Ga. L. 2018, p. 1138 revenues dedicated pursuant to tax rate?" division for its circuit in a
this subparagraph shall not lapse, All persons desiring to vote in manner provided by law.
A RESOLUTION the provisions of Article III, favor of ratifying the proposed Magistrate courts, probate courts,
Section IX, Paragraph IV(c) to amendment shall vote "Yes." juvenile courts, and state courts
Proposing an amendment to the the contrary notwithstanding, and All persons desiring to vote shall be courts of limited
Constitution so as to authorize such revenues shall not be against ratifying the proposed jurisdiction. In addition, the
the General Assembly to provide subject to the limitations of amendment shall vote "No." If General Assembly may establish
by general law for an annual subparagraph (a) of this such amendment shall be ratified or authorize the establishment of
allocation of up to 80 percent of Paragraph or Article VII, Section as provided in said Paragraph of municipal courts and may
the revenue derived from the III, Paragraph II(a). the Constitution, it shall become authorize administrative agencies
state sales and use tax with a part of the Constitution of this to exercise quasi-judicial powers.
respect to goods and services SECTION 2. state. Municipal courts shall have
collected by sporting goods The above proposed amendment jurisdiction over ordinance
stores a trust fund to be used for to the Constitution shall be -2- violations and such other
the protection and preservation of published and submitted as jurisdiction as provided by law.
conservation land; to provide for provided in Article X, Section I, House Resolution No. 993 Except as provided in this
sunset provisions in authorized Paragraph II of the Constitution. Resolution Act No. 410 Paragraph and in Section X,
general laws; to provide for The ballot submitting the above Ga. L. 2018, p. 1130 municipal courts, county
related matters; to provide for the proposed amendment shall have recorder's courts, and civil courts
submission of this amendment written or printed thereon the A RESOLUTION in existence on June 30, 1983,
for ratification or rejection; and following: and administrative agencies shall
for other purposes. "( ) YES Without increasing Proposing an amendment to the not be subject to the provisions of
( ) NO the current state Constitution so as to create a this article. The General
BE IT RESOLVED BY THE sales tax rate, shall state-wide business court with Assembly shall have the
GENERAL ASSEMBLY OF the Constitution of state-wide jurisdiction for use authority to confer 'by law'
GEORGIA: Georgia be under certain circumstances; to jurisdiction upon municipal
amended so as to provide for venue, jurisdiction, courts to try state offenses.
SECTION 1. create the Georgia and powers; to provide for Paragraph II. Unified judicial
Article III, Section IX, Paragraph O u t d o o r selection, terms, and system. All courts of the state
VI of the Constitution is amended Stewardship Trust qualifications of state-wide shall comprise a unified judicial
by adding a new subparagraph to Fund to conserve business court judges; to provide system.
read as follows: lands that protect for the submission of this Paragraph III. Judges;
"(p) The General Assembly drinking water amendment for ratification or exercise of power outside own
is authorized to provide by sources and the rejection; to provide for related court; scope of term 'judge.'
general law that up to 80 percent water quality of matters; and for other purposes. Provided the judge is otherwise
of all moneys received by the rivers, lakes, and qualified, a judge may exercise
state from the levy of a tax on the streams; to protect BE IT RESOLVED BY THE judicial power in any court upon
sale and use of goods and and conserve GENERAL ASSEMBLY OF the request and with the consent
services, as defined by general forests, fish, GEORGIA: of the judges of that court and of
law, collected by establishments wildlife habitats, the judge's own court under rules
classified under the 2007 North and state and local SECTION 1. prescribed by law. The term
American Industry Classification parks; and to Article VI of the Constitution is 'judge,' as used in this article,
Code 451110, sporting goods p r o v i d e amended by revising Sections I, shall include Justices, judges,
stores, in the immediately opportunities for II, III, IV, and VII as follows: senior judges, magistrates, and
preceding fiscal year will be paid our children and "SECTION I. every other such judicial office of
into and dedicated to the Georgia families to play and JUDICIAL POWER whatever name existing or
Outdoor Stewardship Trust Fund enjoy the outdoors, Paragraph I. Judicial power created.
for the purpose of protecting and b y d ed icating, of the state. The judicial power Paragraph IV. Exercise of
preserving conservation land, as subject to full of the state shall be vested judicial power. Each court may
more specifically provided for by public disclosure, exclusively in the following exercise such powers as
general law. Any general law up to 80 percent of classes of courts: magistrate necessary in aid of its jurisdiction
adopted pursuant to this the existing sales courts, probate courts, juvenile or to protect or effectuate its
Paragraph shall provide for tax collected by courts, state courts, superior judgments; but only the superior
automatic repeal not more than sporting goods courts, state-wide business court, and appellate courts andstate-wide business court shall determines that jurisdiction or from the date of the filing of the crime was committed, except have the power to issue process venue lies elsewhere. divorce action and said county cases in the superior courts where in the nature of mandamus, Paragraph IX. Rules of was the site of the marital the judge is satisfied that an prohibition, specific evidence; law prescribed. All domicile at the time of the impartial jury cannot be obtained performance, quo warranto, and rules of evidence shall be as separation of the parties, and in such county. injunction. Each superior court, prescribed by law. provided, further, that any person Paragraph VII. Venue in state court, and other courts of Paragraph X. Authorization who has been a resident of any third-party practice. The record and the state-wide for pilot projects. The General United States army post or General Assembly may provide business court may grant new Assembly may by general law military reservation within the by law that venue is proper in a trials on legal grounds. approved by a two-thirds' State of Georgia for one year county other than the county of Paragraph V. Uniformity of majority of the members of each next preceding the filing of the residence of a person or entity jurisdiction, powers, etc. Except house enact legislation providing petition may bring an action for impleaded into a pending civil as otherwise provided in this for, as pilot programs of limited divorce in any county adjacent to case by a defending party who Constitution, the courts of each duration, courts which are not said United States army post or contends that such person or class shall have uniform uniform within their classes in military reservation. entity is or may be liable to said jurisdiction, powers, rules of jurisdiction, powers, rules of Paragraph II. Land titles. defending party for all or part of practice and procedure, and practice and procedure, and Cases respecting titles to land the claim against said defending selection, qualifications, terms, selection, qualifications, terms, shall be tried in the county where party. and discipline of judges. The and discipline of judges for such the land lies, except where a Paragraph VIII. Power to provisions of this Paragraph, as pilot courts and other matters single tract is divided by a change venue. The power to related to the state-wide business relative thereto. Such legislation county line, in which case the change the venue in civil and court, shall be effective as shall name the political superior court of either county criminal cases shall be vested in provided by law. subdivision, judicial circuit, and shall have jurisdiction. the superior courts to be Paragraph VI. Judicial existing courts affected and may, Paragraph III. Equity cases. exercised in such manner as has circuits; courts in each county; in addition to any other power, Equity cases shall be tried in the been, or shall be, provided by court sessions. The state shall be grant to such court created as a county where a defendant resides law. divided into judicial circuits, each pilot program the power to issue against whom substantial relief is Paragraph IX. Venue of of which shall consist of not less process in the nature of prayed. state-wide business court. All than one county. Each county mandamus, prohibition, specific Paragraph IV. Suits against cases before the state-wide shall have at least one superior performance, quo warranto, and joint obligors, copartners, or business court may conduct court, magistrate court, a probate injunction. The General joint trespassers. Suits against pretrial proceedings in any court, and, where needed, a state Assembly shall provide by joint obligors, joint tort-feasors, county as provided by law. Any court, a juvenile court, and a general law for a procedure for joint promisors, copartners, or trial of a case that is before the business court division of submitting proposed legislation joint trespassers residing in state-wide business court shall superior court. The General relating to such pilot programs to different counties may be tried in take place in the county as is Assembly may provide by law the Judicial Council of Georgia either county. otherwise prescribed by this that the judge of the probate court or its successor. Legislation Paragraph V. Suits against section. may also serve as the judge of the enacted pursuant to this maker, endorser, etc. Suits SECTION III. magistrate court. In the absence Paragraph shall not deny equal against the maker and endorser CLASSES OF COURTS OF of a state court or a juvenile protection of the laws to any of promissory notes, or drawer, LIMITED JURISDICTION court, the superior court shall person in violation of Article I, acceptor, and endorser of foreign Paragraph I. Jurisdiction of exercise that jurisdiction. Section I, Paragraph II of this or inland bills of exchange, or classes of courts of limited Superior courts shall hold court at Constitution. like instruments, residing in jurisdiction. The magistrate, least twice each year in each SECTION II. different counties, shall be tried juvenile, and state courts shall county. VENUE in the county where the maker or have uniform jurisdiction as Paragraph VII. Judicial Paragraph I. Divorce cases. acceptor resides. provided by law. Probate courts circuits, courts, and judgeships, Divorce cases shall be tried in the Paragraph VI. All other cases. shall have such jurisdiction as law changed. The General county where the defendant All other civil cases, except now or hereafter provided by Assembly may abolish, create, resides, if a resident of this state; juvenile court cases as may law, witho ut r egar d to consolidate, or modify judicial if the defendant is not a resident otherwise be provided by the uniformity. circuits and courts and of this state, then in the county in Juvenile Court Code of Georgia, Paragraph II. Jurisdiction of judgeships; but no circuit shall which the plaintiff resides; shall be tried in the county where state-wide business court. The consist of less than one county. provided, however, a divorce the defendant resides; venue as state-wide business court shall Paragraph VIII. Transfer of case may be tried in the county of to corporations, foreign and have state-wide jurisdiction as cases. Any court shall transfer to residence of the plaintiff if the domestic, shall be as provided by provided by law. the appropriate court in the state defendant has moved from that law; and all criminal cases shall any civil case in which it same county within six months be tried in the county where the
SECTION IV. reappointed for any number of Paragraph IV. Period of Paragraph VII. Discipline,
SUPERIOR COURTS consecutive terms as long as he service of appointees. An removal, and involuntary
Paragraph I. Jurisdiction of or she meets the qualifications of appointee to an elective office retirement of judges. (a) Any
superior courts. The superior appointment at the time of each shall serve until a successor is judge may be removed,
courts shall have jurisdiction in appointment and is approved as duly selected and qualified and suspended, or o ther wise
all cases, except as otherwise required by this subparagraph. until January 1 of the year disciplined for willful misconduct
provided in this Constitution. The state-wide business court following the next general in office, or for willful and
They shall have exclusive shall consist of the number of election which is more than six persistent failure to perform the
jurisdiction over trials in felony judges as provided for by law. months after such person's duties of office, or for habitual
cases, except in the case of For purposes of qualifications, appointment. intemperance, or for conviction
juvenile offenders as provided by state-wide business court judges Paragraph V. Compensation of a crime involving moral
law; in cases respecting title to shall be deemed to serve the and allowances of judges. All turpitude, or for conduct
land; and in divorce cases. They geographical area of this state. judges shall receive prejudicial to the administration
shall have concurrent jurisdiction Paragraph II. Qualifications. compensation and allowances as of justice which brings the
with the state-wide business court (a) Appellate, superior, and provided by law; county judicial office into disrepute.
in equity cases. A superior court state-wide business court judges sup p lements ar e her eb y Any judge may be retired for
by agreement of the parties may shall have been admitted to continued and may be granted or disability which constitutes a
order removal of a case to the practice law for seven years. changed by the General serious and likely permanent
state-wide business court as (b) State court judges shall Assembly. County governing interference with the performance
provided by law. The superior have been admitted to practice authorities which had the of the duties of office. The
courts shall have such appellate law for seven years, provided authority on June 30, 1983, to Supreme Court shall adopt rules
jurisdiction, either alone or by that this requirement shall be make county supplements shall of implementation.
circuit or district, as may be five years in the case of state continue to have such authority (b)(1) Upon indictment for a
provided by law. court judges elected or appointed under this Constitution. An felony by a grand jury of this
SECTION VII. in the year 2000 or earlier. incumbent's salary, allowance, or state or by a grand jury of the
SELECTION, TERM, Juvenile court judges shall have supplement shall not be United States of any judge, the
COMPENSATION, been admitted to practice law for decreased during the incumbent's Attorney General or district
AND DISCIPLINE OF five years. term of office. attorney shall transmit a certified
JUDGES (b.1) State-wide business Paragraph VI. Judicial copy of the indictment to the
Paragraph I. Selection; term court judges shall have such Qualifications Commission; Judicial Qualifications
of office. (a) All superior court qualifications as provided by power; composition. (a) The Commission. The commission
and state court judges shall be law. General Assembly shall by shall, subject to subparagraph
elected on a nonpartisan basis for (c) Probate and magistrate general law create and provide (b)(2) of this Paragraph, review
a term of four years. All Justices judges shall have such for the composition, manner of the indictment, and, if it
of the Supreme Court and the qualifications as provided by appointment, and governance of determines that the indictment
Judges of the Court of Appeals law. a Judicial Qualifications relates to and adversely affects
shall be elected on a nonpartisan (d) All judges shall reside in C o mmi s s i o n, with s u c h the administration of the office of
basis for a term of six years. The the geographical area in which commission having the power to the indicted judge and that the
terms of all judges thus elected they are selected to serve. discipline, remove, and cause rights and interests of the public
shall begin the next January 1 (e) The General Assembly involuntary retirement of judges are adversely affected thereby,
after their election. All other may provide by law for as provided by this Article. the commission shall suspend the
judges shall continue to be additional qualifications, Appointments to the Judicial judge immediately and without
selected in the manner and for the including, but not limited to, Qualifications Commission shall further action pending the final
term they were selected on June minimum residency be subject to confirmation by the disposition of the case or until the
30, 1983, until otherwise requirements. Senate as provided for by general expiration of the judge's term of
provided by local law. Paragraph III. Vacancies. law. office, whichever occurs first.
(b) All state-wide business Vacancies shall be filled by (b) The procedures of the During the term of office to
court judges shall serve a term of appointment of the Governor Judicial Qualifications which such judge was elected
five years; provided, however, except as otherwise provided by Commission shall comport with and in which the indictment
that the initial term of such law in the magistrate, probate, due process. Such procedures occurred, if a nolle prosequi is
judges shall be as provided by and juvenile courts. Vacancies and advisory opinions issued by entered, if the public official is
law. Such judges shall be in the state-wide business court the Judicial Qualifications acquitted, or if after conviction
appointed by the Governor, shall be filled by appointment of Commission shall be subject to the conviction is later overturned
subject to approval by a majority the Governor, subject to review by the Supreme Court. as a result of any direct appeal or
vote of the Senate Judiciary approval as specified in (c) The Judicial Qualifications application for a writ of
Committee and a majority vote of subparagraph (b) of Paragraph Commission which existed on certiorari, the judge shall be
the House Committee on (I) of this section. June 30, 2017, is hereby immediately reinstated to the
Judiciary. Such judges may be abolished. office from which he wassuspended. While a judge is (B) The findings and subparagraph shall not apply to -3-
suspended under this records of the commission shall any conviction rendered prior to
subparagraph and until initial not be open to the public except January 1, 1987. House Resolution No. 51
conviction by the trial court, the as provided by the General Paragraph VIII. Due process; Resolution Act No. 297
judge shall continue to receive Assembly by general law. review by Supreme Court. No Ga. L. 2018, p. 1127
the compensation from his office. (5) The provisions of this action shall be taken against a
After initial conviction by the subparagraph shall not apply to judge except after hearing and in A RESOLUTION
trial court, the judge shall not be any indictment handed down accordance with due process of
e ntitled to r eceive t h e prior to January 1, 1985. law. No removal or involuntary Proposing an amendment to the
compensation from his office. If (6) If a judge who is retirement shall occur except Constitution so as to revise
the judge is reinstated to office, suspended from office under the upon order of the Supreme Court provisions subclassifying forest
he shall be entitled to receive any provisions of this subparagraph after review. land conservation use property
compensation withheld under the is not first tried at the next for ad valorem taxation purposes;
provisions of this subparagraph. regular or special term following SECTION 2. to revise the prescribed
For the duration of any the indictment, the suspension The above proposed amendment methodology for establishing the
suspension under this shall be terminated and the judge to the Constitution shall be value of forest land conservation
subparagraph, the Governor shall shall be reinstated to office. The published and submitted as use property and related
appoint a replacement judge. judge shall not be reinstated provided in Article X, Section I, assistance grants; to permit
Upon a final conviction with no under this provision if he is not Paragraph II of the Constitution. increases to assistance grants by
appeal or review pending, the so tried based on a continuance The ballot submitting the above general law up to a five-year
office shall be declared vacant granted upon a motion made proposed amendment shall have period; to permit the deduction
and a successor to that office only by the defendant. written or printed thereon the and retention of a portion of
shall be chosen as provided in (c) Upon initial conviction of following: assistance grants related to forest
this Constitution or the laws any judge for any felony in a "( ) YES Shall the Constitution land conservation use property;
enacted in pursuance thereof. trial court of this state or the ( ) NO o f G e o r g i a b e to permit the subclassification of
(2) The commission shall United States, regardless of amended so as to qualified timberland property for
not review the indictment for a whether the judge has been create a state-wide ad valorem taxation purposes; to
period of 14 days from the day suspended previously under business court, provide for related matters; to
the indictment is received. This subparagraph (b) of this authorize superior provide for the submission of this
period of time may be extended Paragraph, such judge shall be court business court amendment for ratification or
by the commission. During this immediately and without further divisions, and allow rejection; and for other purposes.
period of time, the indicted judge action suspended from office. for the appointment
may, in writing, authorize the While a judge is suspended from process for BE IT RESOLVED BY THE
commission to suspend him from office under this subparagraph, state-wide business GENERAL ASSEMBLY OF
office. Any such voluntary he shall not be entitled to receive court judges in order GEORGIA:
suspension shall be subject to the the compensation from his to lower costs,
same conditions for review, office. If the conviction is later improve the SECTION 1.
reinstatement, or declaration of overturned as a result of any efficiency of all Article VII, Section I, Paragraph
vacancy as are provided in this direct appeal or application for a courts, and promote III of the Constitution is amended
subparagraph for a nonvoluntary writ of certiorari, the judge shall predictability of by revising subparagraph (f) and
suspension. be immediately reinstated to the judicial outcomes in by adding a new subparagraph to
(3) After any suspension is office from which he was cer tain complex read as follows:
imposed under this subparagraph, suspended and shall be entitled business disputes for (f)(1) The General
the suspended judge may petition to receive any compensation the benefit of all Assembly shall provide by
the commission for a review. If withheld under the provisions of citizens of this general law for the definition,
the commission determines that this subparagraph. For the state?" methods of assessment, and
the judge should no longer be duration of any suspension under All persons desiring to vote in taxation, such methods to include
suspended, he shall immediately this subparagraph, the Governor favor of ratifying the proposed a formula based on current use,
be reinstated to office. shall appoint a replacement amendment shall vote "Yes." annual productivity, and real
(4)(A) The findings and judge. Upon a final conviction All persons desiring to vote property sales data, of 'forest land
records of the commission and with no appeal or review against ratifying the proposed conservation use property' to
the fact that the public official pending, the office shall be amendment shall vote "No." If include only forest land of at
has or has not been suspended declared vacant and a successor such amendment shall be ratified least 200 acres in aggregate
shall not be admissible in to that office shall be chosen as as provided in said Paragraph of which lies within one or more
evidence in any court for any provided in this Constitution or the Constitution, it shall become counties, provided that such
purpose. the laws enacted in pursuance a part of the Constitution of this forest land is in parcels of at least
thereof. The provisions of this state.100 acres within any given (4)(A) The General reduction and, for the remainder uses and that meets such further
county. Assembly shall appropriate an of such reduction amount, in an requirements as may be
(2)(A) Any individual or amount for assistance grants to amount equal to 100 percent of prescribed by general law. Such
individuals or any entity counties, municipalities, and the amount of such remaining property shall be known as
registered to do business in this county and independent school reduction amount. 'qualified timberland property.'
state desiring the benefit of such districts to offset revenue loss (C)(i) Such revenue (B) The value of qualified
methods of assessment and attributable to the reduction shall be determined by timberland property shall be at
taxation for forest land i mp l e me n t a t i o n o f t h i s subtracting the aggregate forest least 175 percent of such
conservation use property shall subparagraph. Such grants shall land conservation use value of property's forest land
be required to enter into a be made in such manner and qualified properties from the conservation use value as
covenant to continue the property shall be subject to such aggregate forest land fair market d e t e r mi n e d p u r su a n t t o
in forest land use. procedures as may be specified value of qualified properties for subparagraph (f) of this
(B) All contiguous forest by general law. For the years the applicable tax year and the Paragraph.
land conservation use property of 2019, 2020, 2021, 2022, and resulting amount shall be (2) The only two purposes
an owner within a county for 2023, the value of the assistance multiplied by the millage rate of authorized by the
which forest land conservation grants may be increased by the county, municipality, or subclassification of qualified
use assessment is sought under general law beyond the amounts county or independent school timberland property as provided
this subparagraph shall be in a prescribed by this subparagraph. district. by this subparagraph shall be to
single covenant. (B)(i) If the forest land (ii) For purposes of this allow the General Assembly by
(C) A breach of such conservation use property is subparagraph, the forest land general law to:
covenant within ten years shall located in a county, conservation use value shall not (A) Provide that the
result in a recapture of the tax municipality, or county or include the value of the standing Department of Revenue shall
savings resulting from such independent school district timber located on forest land appraise qualified timberland
methods of assessment and where forest land conservation conservation use property. property at its fair market value
taxation and may result in other use value causes an ad valorem (iii) For the purposes of using any combination of
appropriate penalties. tax revenue reduction of 3 this subparagraph, forest land appraisal methodologies
(D) The General percent or less due to the fair market value means the fair otherwise provided by general
Assembly may provide by i mp l e me n t a t i o n o f t h i s market value of the forest land as law for establishing the fair
general law for a limited subparagraph, in each taxable determined in 2016, provided market value of real property,
exception to the 200 acre year in which such reduction that such value shall change in provided that such methodology
requirement in the case of a occurs, the assistance grants to 2019 and every three years is not subject to an exception
transfer of ownership of all or a the county, each municipality thereafter to the fair market value authorized by subparagraph (b),
part of the forest land located therein, and the county of forest land as determined in (c), (d), (e), (f), or (g) of this
conservation use property during or independent school districts such year. Paragraph; and
a covenant period to another located therein shall be in an (D) Notwithstanding (B) Authorize the General
owner qualified to enter into an amount equal to 50 percent of subparagraph (a) of Paragraph Assembly to provide for a
original forest land conservation the amount of such reduction. VI of Section IX of Article III of separate system by which to
use covenant if the original (ii) If the forest land this Constitution, the General appeal appraisals of and
covenant is continued by both conservation use property is Assembly may provide by determinations made related to
such acquiring owner and the located in a county, general law for a fee, not to qualified timberland property.
transferor for the remainder of municipality, or county or exceed 5 percent, to be deducted
the term, in which event no independent school district from such assistance grants and SECTION 2.
breach of the covenant shall be where forest land conservation retained by the state revenue The above proposed amendment
deemed to have occurred even if use value causes an ad valorem commissioner to provide for the to the Constitution shall be
the total size of a tract from tax revenue reduction of more costs to the state of administering published and submitted as
which the transfer was made is than 3 percent due to the the provisions of subparagraph provided in Article X, Section I,
reduced below 200 acres. i mp l e me n t a t i o n o f t h i s (f.1) of this Paragraph. Paragraph II of the Constitution.
(3) No portion of an subparagraph, in each taxable (f.1)(1)(A) The General The ballot submitting the above
otherwise eligible tract of forest year in which such reduction Assembly shall be authorized by proposed amendment shall have
land conservation use property occurs, the assistance grants to general law to establish a written or printed thereon the
shall be entitled to receive the county, each municipality separate class of property for ad following:
simultaneously special located therein, and the county valorem taxation purposes that "( ) YES Shall the Constitution
assessment and taxation under or independent school districts includes only tangible real ( ) NO o f G e o r g i a b e
this subparagraph and either located therein shall be for the property that has as its primary amended so as to
subparagraph (c) or (e) of this first 3 percent of such reduction use the production of trees for revise provisions
Paragraph. amount, in an amount equal to the primary purpose of related to the
50 percent of the amount of such producing timber for commercial subclassification fortax purposes of and such rights; to provide for (b) A victim described in in this Paragraph or to regulate
the prescribed exceptions; to provide for related subparagraph (a) of this the reasonable exercise thereof;
methodology for matters; to provide for Paragraph shall have the right to or
establishing the value submission of this amendment assert the rights enumerated in (4) Restrict the inherent
of forest land for ratification or rejection; and subparagraph (a) of this authority of the courts to
conservation use for other purposes. Paragraph. The General maintain order in the courtroom.
property and related Assembly shall provide by
assistance grants, to BE IT RESOLVED BY THE general law the process whereby SECTION 2.
provide that GENERAL ASSEMBLY OF such victim may assert the rights The above proposed amendment
assistance grants GEORGIA: provided by subparagraph (a) of to the Constitution shall be
related to forest land this Paragraph by motion within published and submitted as
conservation use SECTION 1. the same criminal or delinquency provided in Article X, Section I,
property may be Article I, Section I of the proceeding giving rise to such Paragraph II of the Constitution.
increased by general Constitution is amended by rights. At the hearing on such The ballot submitting the above
law for a five-year adding a new Paragraph to read motion, such victim may be proposed amendment shall have
period and that up to as follows: represented by an attorney, but written or printed thereon the
5 percent of Paragraph XXX. Rights of neither the state nor any of its following:
assistance grants may certain individuals. (a) For the political subdivisions shall be "( ) YES Shall the Constitution
be deducted and purpose of this Paragraph, a obligated to appoint an attorney ( ) NO o f G e o r g i a b e
retained by the state victim shall be considered an to represent him or her. The amended so as to
r e v e n u e individual against whom a crime General Assembly shall provide provide certain rights
commissioner to has allegedly been perpetrated, by general law the process to victims against
provide for certain including crimes alleged as whereby a family member, whom a crime has
state administrative delinquent acts. Such victims guardian, or legal custodian of a allegedly been
costs, and to provide shall be accorded the utmost victim when he or she is a minor, perpetrated and allow
f o r t h e dignity and respect and shall be legally incapacitated, or victims to assert such
subclassification of treated fairly by the criminal deceased may assert the rights of rights?"
qualified timberland justice system of this state and all such victim. All persons desiring to vote in
property for ad agencies and departments that (c) This Paragraph shall not: favor of ratifying the proposed
valorem taxation serve such system. When the (1) Create any cause of amendment shall vote "Yes." All
purposes?" crime is one against or involving action against the State of persons desiring to vote against
All persons desiring to vote in the person of the victim or is a Georgia; any political ratifying the proposed
favor of ratifying the proposed felony property crime, such subdivision of the State of amendment shall vote "No." If
amendment shall vote "Yes." All victim shall be afforded the Georgia; any officer, employee, such amendment shall be ratified
persons desiring to vote against following specific rights: or agent of the State of Georgia as provided in said Paragraph of
ratifying the proposed (1) The right upon request to or of any of its political the Constitution, it shall become
amendment shall vote "No." If reasonable, accurate, and timely subdivisions; or any officer or a part of the Constitution of this
such amendment shall be ratified notice of any scheduled court employee of the court; state.
as provided in said Paragraph of proceedings involving the alleged (2) Confer upon any victim
the Constitution, it shall become act or changes to the scheduling the right to: -5-
a part of the Constitution of this of such proceedings; (A) Appeal any decision
state. (2) The right upon request to made in a criminal or Senate Resolution No. 95
reasonable, accurate, and timely delinquency proceeding; Resolution Act No. 278
-4- notice of the arrest, release, or (B) Challenge any verdict Ga. L. 2017, p. 857
escape of the accused; or sentence entered in a criminal
Senate Resolution No. 146 (3) The right not to be or delinquency proceeding; or A RESOLUTION
Resolution Act No. 467 excluded from any scheduled (C) Standing to
Ga. L. 2018, p. 1139 court proceedings involving the participate as a party in a Proposing an amendment to the
alleged act; criminal o r delinquency Constitution of the State of
A RESOLUTION (4) The right upon request to proceeding other than to file a Georgia so as to authorize a
be heard at any scheduled court mo tio n as p r o vided in county school district or an
Proposing an amendment to the proceedings involving the subparagraph (b) of this independent school district or
Constitution so as to release, plea, or sentencing of the Paragraph; districts within the county having
acknowledge certain rights of accused; and (3) Restrict the authority of a majority of the students
victims against whom a crime has (5) The right to be the General Assembly, by enrolled within the county to call
allegedly been perpetrated; to informed of his or her rights. general law, to further define or for a referendum for a sales and
provide for the enforcement of expand upon the rights provided use tax for education; to providethat the proceeds are distributed and shall be imposed for a period authorize a
on a per student basis among all of time not to exceed five years, referendum for a
the school systems unless an but in all other respects, except as sales and use tax for
agreement is reached among such otherwise provided in this education by a
school systems for a different Paragraph, shall correspond to county school district
distribution; to provide for the and be levied in the same manner or an independent
submission of this amendment as the tax provided for by Article school district or
for ratification or rejection; and 3 of Chapter 8 of Title 48 of the districts within the
for other purposes. Official Code of Georgia county having a
Annotated, relating to the special majority of the
BE IT RESOLVED BY THE county 1 percent sales and use students enrolled
GENERAL ASSEMBLY OF tax, as now or hereafter amended. within the county and
GEORGIA: Proceedings for the reimposition to provide that the
of such tax shall be in the same proceeds are
SECTION 1. manner as proceedings for the distributed on a per
Article VIII, Section VI, initial imposition of the tax, but student basis among
Paragraph IV of the Constitution the newly authorized tax shall not all the school
is amended by revising be imposed until the expiration of systems unless an
subparagraphs (a) and (g) as the tax then in effect. agreement is reached
follows: (g) The net proceeds of the tax among such school
(a) The board of education of shall be distributed between the syst e ms fo r a
each school district in a county in county school district and the d i f f e r e n t
which no independent school independent school districts, or distribution?"
district is located may by portion thereof, located in such All persons desiring to vote in
resolution and the board of county according to an agreement favor of ratifying the proposed
education of each county school between the county school amendment shall vote "Yes."
district and the board of system and the independent All persons desiring to vote
education of each independent school district or districts or, if no against ratifying the proposed
school district located within agreement can be reached, amendment shall vote "No." If
such county may by concurrent according to the ratio the student such amendment shall be ratified
resolutions impose, levy, and enrollment in each school district, as provided in said Paragraph of
collect a sales and use tax for or portion thereof, bears to the the Constitution, it shall become
educational purposes of such total student enrollment of all a part of the Constitution of this
school districts conditioned upon school districts in the county or state.
approval by a majority of the upon such other formula for
qualified voters residing within distribution as may be authorized
the limits of the local taxing by local law. For purposes of
jurisdiction voting in a this subparagraph, student
referendum thereon. In addition, enrollment shall be based on the
when a county school district has latest full-time equivalent count
one or more independent school prior to the referendum on
districts located within such imposing the tax.
county, the school district or
combination of school districts SECTION 2.
that has a majority of the students The above proposed amendment
enrolled within the county, based to the Constitution shall be
on the latest full-time equivalent published and submitted as
count, shall be authorized to call provided in Article X, Section I,
for a referendum to impose, levy, Paragraph II of the Constitution.
and collect a sales and use tax for The ballot submitting the above
educational purposes of such proposed amendment shall have
school districts conditioned upon written or printed thereon the
approval by a majority of the following:
qualified voters residing within "( ) YES Shall the Constitution
the limits of the county voting in ( ) NO o f G e o r g i a b e
a referendum thereon. This tax amended so as to
shall be at the rate of 1 percentSUMMARIES OF PROPOSED
CONSTITUTIONAL AMENDMENTS
AND
STATE-WIDE REFERENDUM QUESTIONS
ON THE GENERAL ELECTION BALLOT
NOVEMBER 6, 2018SUMMARIES OF forests, fish, Constitution by revising Sections
PROPOSED wildlife habitats, -2- I, II, III, IV, and VII.
CONSTITUTIONAL and state and local A copy of this entire proposed
AMENDMENTS parks; and to Creates a state-wide business constitutional amendment is on
p r o v i d e court to lower costs, enhance file in the office of the judge of
Pursuant to requirements of the opportunities for efficiency, and promote the probate court and is available
Georgia Constitution, Attorney our children and predictable judicial outcomes. for public inspection.
General Christopher Carr, families to play and
Secretary of State Brian P. Kemp, enjoy the outdoors, House Resolution 993 -3-
and Legislative Counsel Rick b y d ed icating, Resolution Act No. 410
Ruskell hereby provide the subject to full Ga. L. 2018, p. 1130 Encourages the conservation,
summaries of the proposed public disclosure, sustainability, and longevity of
constitutional amendments that up to 80 percent of "( ) YES Shall the Constitution Georgia's working forests
will appear on the November 6, the existing sales ( ) NO o f G e o r g i a b e through tax subclassification
2018, general election ballot for tax collected by amended so as to and grants.
consideration by the people of sporting goods create a state-wide
Georgia (short captions are those stores to such b u s i n e s s c o u r t , House Resolution No. 51
adopted by the Constitutional purposes without authorize superior Resolution Act No. 297
Amendments Publication Board): incr ea s i n g t h e court business court Ga. L. 2018, p. 1127
current state sales divisions, and allow
-1- tax rate?" for the appointment "( ) YES Shall the Constitution
process for state-wide ( ) NO o f G e o r g i a b e
Creates the Georgia Outdoor Summary business court judges amended so as to
Stewardship Trust Fund to in order to lower revise provisions
protect water quality, wildlife This proposal authorizes the costs, improve the related to the
habitat, and parks. General Assembly to provide for efficiency of all subclassification for
an annual allocation of up to 80 courts, and promote tax purposes of and
House Resolution No. 238 percent of the revenue derived predictability of the prescribed
Resolution Act No. 414 from the state sales and use tax judicial outcomes in methodology for
Ga. L. 2018, p. 1138 collected by sporting goods c er tain co mp l e x establishing the value
stores to a trust fund to be used business disputes for of forest land
"( ) YES Without increasing fo r the p r o t e c t i o n and the benefit of all conservation use
( ) NO the current state preservation of conservation citizens of this state?" property and related
sales tax rate, shall land. Any law adopted pursuant assistance grants, to
the Constitution of to this proposal shall provide for Summary provide that
Georgia b e automatic repeal not more than assistance grants
amended so as to ten years after its effective date; This proposal creates a related to forest land
create the Georgia however, such repeal date may be state-wide business court with conservation use
O u t d o o r extended for a maximum of ten state-wide jurisdiction for use property may be
Stewardship Trust additional years. It amends under certain circumstances. It increased by general
Fund to conserve Article III, Section IX, Paragraph contains provisions relating to law for a five-year
lands that protect VI of the Georgia Constitution by venue, jurisdiction, and powers period and that up to
drinking water adding a new subparagraph (p). of such court and provides for 5 percent of
sources and the A copy of this entire proposed selection, terms, and assistance grants may
water quality of constitutional amendment is on qualifications of state-wide be deducted and
rivers, lakes, and file in the office of the judge of business court judges. It amends retained by the state
streams; to protect the probate court and is available Article VI of the Georgia r e v e n u e
a n d c o n s e r v e for public inspection. co mmissioner toprovide for certain to victims against proceeds are Pursuant to Code Section
state administrative whom a crime has distributed on a per 21-2-4 of the O.C.G.A., the
costs, and to provide allegedly been student basis among Secretary of State is authorized to
f o r t h e perpetrated and allow all the school systems include with the summaries of
subclassification of victims to assert such unless an agreement proposed constitutional
qualified timberland rights?" is reached among amendments summaries of any
property for ad such school systems state-wide referendum questions
valorem taxation Summary f o r a d i f f er e n t to be voted on at the same
purposes?" distribution?" general election:
This proposal recognizes
Summary certain rights of victims against Summary
whom a crime has been -A -
This proposal revises perpetrated and provides for the This proposal authorizes a Provides for a homestead
provisions subclassifying forest enforcement of such rights. It county school district or an exemption for residents of
land conservation use property amends Article I, Section I of the independent school district or certain municipal corporations.
for ad valorem taxation purposes. Georgia Constitution by adding a districts within the county having
It revises the methodology for new Paragraph XXX. a majority of the students House Bill No. 820
Act No. 346
establishing the value of forest A copy of this entire proposed enrolled within the county to call Ga. L. 2018, p. 235
land conservation use property constitutional amendment is on for a referendum for a sales and
and related assistance grants. file in the office of the judge of use tax for education and
The proposal also permits the the probate court and is available provides that the proceeds are "( ) YES Do you ap p r o ve a
subclassification of qualified for public inspection. distributed on a per student basis ( ) NO n e w h o m e s t e a d
exemp tion in a
timberland property for ad among all the school systems municipal corporation
valorem taxation purposes. It -5- unless an agreement is reached that is located in more
amends Article VII, Section I, among such school systems for a than one county, that
Paragraph III of the Georgia Authorizes fair allocation of different distribution. It amends levies a sales tax for
Constitution by revising sales tax proceeds to county Article VIII, Section VI, the purposes of a
metropolitan area
subparagraph (f) and by adding a and city school districts. Paragraph IV of the Constitution system of public
new subparagraph (f.1). by revising subparagraphs (a) and transportation, and
A copy of this entire proposed Senate Resolution No. 95 (g). that has within its
constitutional amendment is on Resolution Act No. 278 A copy of this entire proposed boundaries an
file in the office of the judge of Ga. L. 2017, p. 857 constitutional amendment is on independent school
system, from ad
the probate court and is available file in the office of the judge of valorem taxes for
for public inspection. "( ) YES Shall the Constitution the probate court and is available municipal purposes in
( ) NO o f G e o r g i a b e for public inspection. the amount of the
-4 - amended so as to difference between
authorize a the current year
assessed value of a
Provides rights for victims of referendum for a home and the
crime in the judicial process. sales and use tax for adjusted base year
education by a county value, provided that
Senate Resolution No. 146 school district or an the lowest base year
Resolution Act No. 467 independent school value will be adjusted
yearly by 2.6
Ga. L. 2018, p. 1139 district or districts SUMMARIES OF percent?"
within the county PROPOSED STATE-WIDE
"( ) YES Shall the Constitution having a majority of REFERENDUM Summary
( ) NO o f G e o r g i a b e the students enrolled QUESTIONS
amended so as to within the county and This proposal authorizes a new
provide certain rights to provide that the homestead exemption from advalorem taxes for municipal Summary
purposes in an amount equal to
the amount by which the current This proposal clarifies that the
year assessed value of a existing exemption from ad
homestead exceeds the adjusted valorem taxation for nonprofit
base year value of such homes for the mentally disabled
homestead. This exemption applies even when financing for
would only apply to persons construction or renovation of the
residing in a municipal homes is provided by a business
corporation that is located in corporation or other entity. It
more than one county, that levies amends paragraph (13) of Code
a sales tax for the purposes of a Section 48-5-41 of the Official
metropolitan area system of Code of Georgia Annotated.
public transportation, and that has If approved by a majority of
within its boundaries an the voters, the Act becomes
independent school system. It effective on January 1, 2019, and
enacts Code Section 48-5-44.1 of applies to all tax years beginning
the Official Code of Georgia on or after that date.
Annotated.
If approved by a majority of
the voters, the Act becomes
effective on January 1, 2019, and
applies to all tax years beginning
on or after that date.
-B-
Provides a tax exemption for
certain homes for the mentally
disabled.
House Bill No. 196
Act. No. 25
Ga. L. 2017, p. 55
"( ) YES S h a l l t h e A c t b e
( ) NO a p p r o v e d w h i c h
provides an
exemption from ad
valorem taxes on
nonprofit homes for
the mentally disabled
if they includ e
business corporations
in the ownership
structure for
financing purposes?"You can also read
