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 B
This 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 and
state-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 was
suspended. 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 for
tax 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 provide
that 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 percent
SUMMARIES OF PROPOSED CONSTITUTIONAL AMENDMENTS AND STATE-WIDE REFERENDUM QUESTIONS ON THE GENERAL ELECTION BALLOT NOVEMBER 6, 2018
SUMMARIES 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 to
provide 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 ad
valorem 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?"
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