PROPOSED CONSTITUTIONAL AMENDMENTS AND STATE-WIDE REFERENDUM QUESTIONS GENERAL ELECTION NOVEMBER 6, 2018 - Constitutional Amendments 1-5 Summaries ...

 
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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