Amendments and Referendum Give Georgians Opportunity to Shape State’s Future
By State Representative Penny Houston (R-Nashville)
(939 words)

The upcoming election on November 2nd provides Georgia voters with a number of important decisions to make.  Besides choosing which candidates are best suited to represent us at the local, state, and federal levels, Georgians will also have the opportunity to cast their own vote at the ballot box in deciding whether five amendments to the Georgia state constitution, as well as a single statewide referendum, will go into effect.

The first amendment listed on the ballot asks, “Shall the Constitution of Georgia be amended so as to make Georgia more economically competitive by authorizing legislation to uphold reasonable competitive agreements?”  Currently, the state constitution bars contracts that restrict or lessen competition.  However, if approved by voters, this amendment would strike that language and allow judges to ensure restrictive employment agreements are enforced.  As a result, Georgia may be able to attract new businesses because it will be easier for those businesses to use non-compete employment contracts.

The second amendment listed on the ballot asks, “Shall the Constitution of Georgia be amended so as to impose an annual $10.00 trauma charge on certain passenger motor vehicles in this state for the purposes of funding trauma care?”  In Georgia, car crashes are the leading cause of trauma injuries.  These accidents affect Georgians in all parts of the state, including cities and rural areas alike.  However, Georgia currently has only four Level 1 Trauma Centers, located in Atlanta, Augusta, Macon and Savannah.  These trauma centers offer the highest level of treatment, professional medical staff, life-saving equipment, and 24-hour trauma care with a full spectrum of services from prevention though rehabilitation.  Because our state only has four of these centers, deaths from traumatic injuries are 20 percent higher in Georgia than the national average.  This simple $10 fee will generate $80 million a year and go directly toward improving our statewide trauma care system.  The revenues created by the fee will be dedicated to the trauma care trust fund and used solely for the improvement of our state’s trauma care network.

The third amendment listed on the ballot asks, “Shall the Constitution of Georgia be amended so as to allow the Georgia Department of Transportation to enter into multiyear construction agreements without requiring appropriations in the current fiscal year for the total amount of payments that would be due under the entire agreement so as to reduce long-term construction costs paid by the state?”  Put more simply, this amendment would allow the Georgia Department of Transportation (GDOT) to pay for multi-year construction contracts one year at a time, rather than having to fund the whole project in the first year.  The amendment would, however, prevent these kinds of multi-year contracts from lasting longer than 10 years.  Ultimately, this simple change in accounting policy would enable GDOT to maximize the efficiency of construction and repair of Georgia’s roads and bridges.

The fourth amendment listed on the ballot asks, “Shall the Constitution of Georgia be amended so as to provide for guaranteed cost savings for the state by authorizing a state entity to enter into multiyear contracts which obligate state funds for energy efficiency or conservation improvement projects?”  Like amendment three, the fourth amendment would also allow the state to save money through the use of multi-year contracts.  The difference is that the fourth amendment specifically deals projects to improve energy efficiency and conservation.  According to the Georgia Environmental Finance Authority, the state currently spends about $225 million each year on energy and water for its building facilities.  Although retrofitting the state facilities with modern, energy efficient technology would save millions of dollars each year, this option is not currently available because the state constitution bans multi-year contracts.  This amendment would allow the state to fund the retrofitting on a pay-as-you-go annual basis for up to ten years.

The fifth, and final, amendment listed on the ballot asks, “Shall the Constitution of Georgia be amended so as to allow the owners of real property located in industrial areas to remove the property from the industrial area?” This amendment involves a local issue in Garden City, Georgia, near Savannah.  It has no effect on our area.  Unfortunately, due to a quirk in Georgia’s constitutional law, this local issue can only be resolved through a statewide vote.  Specifically, this amendment would allow the owners of property located in an “industrial zone” in Garden City to remove their property from the zone.

The last vote you will cast on this year’s general ballot concerns House Bill 482.  This statewide referendum asks, “Shall the Act be approved which grants an exemption from state ad valorem taxation for inventory of a business?”  Under current Georgia law, businesses are taxed on an annual basis for the inventory they have sitting on their shelves, whether in a warehouse, car dealership, or even a retail store. This tax not only encourages businesses to store inventory in other states but also results in valuable Georgia jobs being lost to those states that do not tax business inventory.  This inventory tax also prevents companies from giving a major boost to our economy by purchasing additional inventory.  If approved by the voters, HB 482 would eliminate this inventory tax for business and encourage job growth in Georgia.

As you can see there are a lot of important issues Georgia voters face this election cycle.  It is imperative that we are all informed of the amendments proposed on our ballots.  Please do not hesitate to contact me if you have any questions.  You can reach me at my Capitol office at (404) 463-2247 or at my district office at (229) 686-2467.  Thank you for your time.

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Representative Penny Houston represents the citizens of District 170, which includes portions of Berrien, Colquitt, and Cook counties. She was elected into the House of Representatives in 1996, and is currently a Vice Chairman of the Appropriations Committee. She also serves on the Agriculture and Consumer Affairs, Banks & Banking, Budget and Fiscal Oversight, and Ways and Means committees.