Voters are being asked to change Georgia’s Constitution by agreeing to two amendments. Amendment One, which deals with state-controlled charter schools, has gained the most attention. Amendment Two, which deals with the state’s ability to enter into long-term building leases, has gathered less attention.
Changing our constitution should not be taken lightly. Voters should be given full disclosure on what officials are trying to accomplish. Too often, ballot questions are phrased to sway and not inform voters.
Amendments One and Two are no different.
The following is language from Senate Resolution 84, which created Amendment Two: “The General Assembly may by general law authorize the State Properties Commission, the Board of Regents of the University System of Georgia, and the Georgia Department of Labor to enter into rental agreements for the possession and use of real property without obligating present funds for the full amount of obligation the state may bear under the full term of any such rental agreement. Any such agreement shall provide for the termination of the agreement in the event of insufficient funds.”
In English, that means the state wants to sign a long-term rental agreement without having the money. So why is there no mention of funding? The ballot question states: “Shall the Constitution of Georgia be amended so as to provide for a reduction in the state’s operating costs by allowing the General Assembly to authorize certain state agencies to enter into multi-year rental agreements?”
The General Assembly is currently required to set aside the full amount to cover the cost of leases when preparing the annual budget. This limits the ability to sign a lease beyond one year. If the state signs a long-term contract, the money needs to be available now for the full amount. If Amendment Two is approved, the state would be able to enter into leases over a longer term without having the funds on hand.
Businesses frequently enter into long-term leases to obtain better rates. Those transactions are typically done without the political pressure we see at the Capitol. While the state could save money with multi-year contracts, this is not guaranteed. The state could enter into a contract that costs more. Some voters are worried the change would allow politicians to reward friends with contracts that are cost-prohibitive to break with rates higher than the fair market price. Other voters believe a 1-year lease may be too short, but allowing 20-year leases is too long. Why not 10 years? Some suggested the change is being made to allow the state to sign long-term leases on new for-profit charter schools that would be created if Amendment One passes.
I support efforts to save the state money. Longer-term leases may do that. However, I believe politicians owe it to the citizens to state clearly and accurately our intent when we place a question on the ballot. While not as blatant as Amendment One, both are examples of ballot questions loaded with opinion and why Georgia’s process for amending the constitution needs to be changed.
