The Atlanta Journal-Constitution

Voters pass anti-bait-and switch measure

At long last, state legislator­s will no longer be free to legally misdirect fees enacted for specific needs.

- By James Salzer james. salzer@ ajc. com

While Georgia was the center of the universe this past week with the hotly contested presidenti­al race and two U. S. Senate elections, voters quietly but overwhelmi­ng ly passed a proposed “anti-bait-and switch” constituti­onal amendment thatwas a decade in themaking.

Lawmakers have for years debated legislatio­n to keep the General Assembly from passing new fees and promising the money would go for a certain cause and then diverting themoney to something else.

For example, the state charges for every new tire sold in Georgia, and the money is supposed to be used to clean up illegal dumps and fund other waste management programs. But lawmakers have dedicated only a portion of the money for those purposes. Since 2009 they have used more than $ 50 million of the revenue for other things, according to the Associatio­n County Commission­ers of Georgia.

Before Amendment 1 passed Tuesday with almost 82% of the vote, the only way to ensure a tax or fee was used for its intended purpose was for voters to dedicate the revenue through individual constituti­onal amendments on individual fees.

Amendment 1 allows the General Assembly to dedicate fees and taxes — without asking voters — for specific purposes, such as environmen­tal cleanups.

Georgians approved Amendment 2, which waives state and local sovereign immunity for violation of state laws and state and federal constituti­ons, with about 75% of the vote.

In2017 the state Supreme-Court ruled that Georgians cannot sue state and local government­s over unconstitu­tional laws without the government­s’ permission. It’s a doctrine known as “sovereign immunity.” Amendment 2 restored Georgians’ rights to file lawsuits to overturn unconstitu­tional laws without the consent of those government­s.

Voters also approved — with 73% of the vote — a referendum to exempt from taxes property owned by charities for the purpose of building or repairing singlefami­ly homes to be financed by a charity and sold to individual­s using no- interest loans.

The referendum was aimed at providing a tax break to charities such as Habitat for Humanity.

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