What You Need to Know: 2016 Georgia Constitutional Amendments

Staff Report From Georgia CEO

Thursday, November 3rd, 2016

Opportunity School District Question 1: “Shall the Constitution of Georgia be amended to allow the state to intervene in chronically failing public schools to improve student performance?”

The Opportunity School District amendment would allow Georgia to create a mechanism to remove failing schools from their geographic school districts and put them under the leadership of the state. This new district would oversee schools that failed to meet specific, measurable goals for at least three consecutive years no matter where in the state they are located.

Once a school is deemed to be failing, decision-making, governance, and oversight will be given to the state’s OSD with the goal of improving student education and performance. The newly formed OSD would be run by a superintendent who reports directly to the Governor.

Senate Resolution SR287

Enabling Legislation SB133

To learn more about the OSD, visit www.gaopportunity.org.

Safe Harbor Amendment

Amendment 2: “Shall the Constitution of Georgia be amended to allow additional penalties for criminal cases in which a person is adjudged guilty of keeping a place of prostitution, pimping, pandering, pandering by compulsion, solicitation of sodomy, masturbation for hire, trafficking of persons for sexual servitude, or sexual exploitation of children and to allow assessments on adult entertainment establishments to fund the Safe Harbor for Sexually Exploited Children Fund to pay for care and rehabilitative and social services for individuals in this state who have been or may be sexually exploited?”

Amendment 2 is asking voters to approve the creation of the Safe Harbor for the Sexually Exploited Children Fund.  If approved, it would also allow for a dedicated revenue source to provide restorative services to child victims of sex trafficking. These services may include safe housing, trauma counseling and medical treatment to victims.  Dedicated resources to support the Fund will be derived from additional fines and penalties imposed upon individuals found guilty of various sex crimes. These crimes range from prostitution and pimping to sexual exploitation of children. The amendment further allows for assessments on adult entertainment establishments that serve alcohol and provide entertainment involving nudity.

Once collected, the monies in the Safe Harbor Fund will be distributed by an appointed commission. Members selected by the General Assembly and the Governor will be responsible for designating resources to state agencies, faith-based organizations and non-profits providing services and rehabilitation throughout the state. The commission also will be responsible for developing guidelines for funding allocation, as well as general oversight of how the funds are spent.

Senate Resolution SR7

Enabling Legislation SB8

Judicial Qualifications Commission

Amendment 3: “Shall the Constitution of Georgia be amended so as to abolish the existing Judicial Qualifications Commission; require the General Assembly to create and provide by general law for the composition, manner of appointment, and governance of a new Judicial Qualifications Commission, with such commission having the power to discipline, remove, and cause involuntary retirement of judges; require the Judicial Qualifications Commission to have procedures that provide for due process of law and review by the Supreme Court of its advisory opinions; and allow the Judicial Qualifications Commission to be open to the public in some manner?

Amendment 3 is calling for the reform and re-establishment of the Judicial Qualifications Commission. The current commission was created 40 years ago and its members are appointed by the Governor, the Georgia Supreme Court and the Georgia Bar Association.

If the resolution is passed by voters, the new 7-member JQC would be reconstituted. The Speaker of the House and the Senate President would each appoint one citizen representative. Additionally, they would each appoint one member of the State Bar of Georgia, selected from a list provided by the Bar’s Board of Governors. Two judges would be appointed by the Georgia Supreme Court and the Governor would appoint one member of the Bar to serve as the JQC chairman.  All appointees would require confirmation by the State Senate.

The newly formed commission would have the power to discipline, remove and force judges to retire based upon their investigations into alleged misconduct.

Senate Resolution HR1113

Enabling legislation HB808

Fireworks Proceeds for Trauma Care Funding

Amendment 4: “Shall the Constitution of Georgia be amended as to provide that the proceeds of excise taxes on the sale of fireworks or consumer fireworks be dedicated to the funding of trauma care, firefighter equipping and training, and local public safety purposes?”

Amendment 4 asks voters to approve a measure that would direct revenue generated from fireworks sales to trauma care and fire safety. Currently, the state levies a 5 percent sales tax on fireworks sold in Georgia.

The accompanying legislation, Senate Bill 350, provides specific direction for how the revenue from the excise tax would be distributed among three specific programs.  The new law would require that 55 percent of the funds be dedicated to the Georgia Trauma Care Network Commission, 40 percent to the Georgia Firefighter Standards and Training Council and 5 percent to local governments for the operation of 9-1-1 systems.

Senate Resolution SR558

Enabling Legislation SB350

Fulton County TSPLOST Referendum

On November 8, residents of the City of the Atlanta and Fulton County (those living outside the city limits) will be presented with separate ballot measures authorizing the collection of sales tax to fund transportation projects.

City of Atlanta

The City of Atlanta is putting forward a Transportation Special Purpose Local Option Sales Tax, or TSPLOST, to generate funding for transportation improvements and congestion relief.  The TSPLOST calls for an additional .40% sales tax, which is expected to raise $250-$300 million over the next five years. If voters approve the measure, much of the funding will be dedicated to the following:

- $66 million for the Atlanta BeltLine, which will allow the BeltLine to purchase all the remaining right of way to close the 22-mile loop;

- $75 million for 15 complete streets projects;

- $3 million for Phase 2 of the Atlanta Bike Share program;

- $69 million for pedestrian improvements in sidewalks; and

- $40 million for traffic signal optimization.

For more details on the full list of proposed Atlanta projects, click here.

MARTA is also asking voters to approve an additional .50% sales tax which is expected to generate approximately $2.5 billion over a forty-year period.  Funds raised by this levy would be spent on major investments in transit infrastructure, building new infill rail stations, purchasing new buses, and introducing new bus routes.

For more information on MARTA’s expansion plans, visit their site here.

Fulton County (outside of Atlanta)

In July, the Board of Commissioners approved an Intergovernmental Agreement between Fulton County and the 13 cities outside the City of Atlanta.  This allowed Fulton County to place its own TSPLOST on the ballot in November.  The county is asking voters to approve an additional .75% sales tax that is expected to raise $596 million over five years.  The funds would be distributed based on population.

Fulton County provides a complete breakdown of how the revenue generated by the new levy will be allocated, as well as a list of proposed projects.

The City of Atlanta, MARTA and Fulton County referenda can be viewed on the November 8 sample ballot.