[ September 28, 2020 ] Election day is now for those who have requested absentee ballots or in a few weeks when early voting starts. In addition to voting for President, we will get to decide on two amendments to the Georgia Constitution and vote in one state referendum on Nov. 3.

I have received a number of requests to explain the three decisions to be made. And as the lady said last night, Rick, make it so I can understand it.

The two constitutional amendments on the ballot are based on resolutions that passed the Georgia Senate and Georgia House of Representatives. The resolution for Amendment 1 passed the Georgia House 164-4 and the Senate 53-0. The resolution for Amendment 2 passed the House 164-0 and the Senate 50-0.

Amendment One: Changes the state constitution to allow fees and fines charged for certain purposes to also be dedicated to those purposes.

I heard about this issue a lot as I sat beside the author of the bill the late Rep. Jay Powell (R-Camilla). He had worked on this issue for 6 or 8 years trying to find a resolution to making sure the fees that were collected went where they were intended. He said it was a bait and switch because many times the dollars were used to fund something else or to balance the budget. When you looked into it, we didn?t have the authority to do it, all money went to the general fund and then had to be budgeted specifically into the correct program. The only way to fix it was to amend the constitution.

The most well-known fee, for tire disposal, has been in place since 1990. Though the fee was envisioned as helping to clean up tire dumps around the state ? and most Georgians paying the fee may think it?s being used for that purpose ? no law regulates how that money can be spent. The tire disposal fee money has been used by the state for other purposes over the years. Other fees that will be affected include fees that are meant for Hazardous Waste Sites clean up, Landfill Cleanup, Drivers Education, Law Enforcement training.

If approved, the amendment allows the Georgia General Assembly to pass laws that would specify exactly how these specialty fees can be spent. Any law setting up these special funds, however, would have to receive a 2/3 majority in each chamber to become law. The fee designation laws would also automatically expire after ten years unless renewed.

The fees could be diverted if the state is in a financial emergency.

I did some research and I saw no opposition to this measure.

Amendment Two: This measure would waive the state's sovereign immunity protection, thereby allowing residents to seek declaratory relief through the superior courts from state or local laws that are found to violate the U.S. Constitution, state Constitution, or state law.

So, what is Sovereign immunity? Sovereign immunity is a legal doctrine in which the government cannot be sued without its express consent. It also imposes special rules and timelines for citizens who file suit against county governments, school systems, and the state.

The amendment only applies to lawsuits alleging a government action is unconstitutional or against state law. While it allows Georgians to sue to STOP the unconstitutional action, it doesn?t allow the award of monetary judgements, court costs, or attorneys fees. It also does not expand the ability for any lawsuits to be brought against the state or a local government as a result of a negligent act.

If the amendment passes, suits must be filed against the state or the local government ? city or county. The suits can name individual government employees or agencies. The waiver of immunity will only apply to actions taking place on or after Jan. 1, 2021.

Research showed no opposition to this measure.

Statewide Referendum: This is a state-wide ballot question, not a constitutional change. This question applies to organizations like Habitat for Humanity and other tax-exempt 501(c)(3) charities that own property for the purpose of building or repairing homes. If approved, it would make the property owned by the charities exempt from property taxes if the property is owned exclusively for the purpose of building or repairing single-family homes, and if the charity also finances its own interest-free loans to the owners of those homes.

Research showed no opposition to this measure.

I hope this helped you make a decision. If you want to have more information, I have a summary from the Secretary of State that has the entire bill, question, and a legal explanation. Please call or email me at 770-893-2039 or at rick.jasperse@house.ga.gov.

Thank you for allowing me to serve you as your State Representative.