Proposed revised Constitution of the State of Georgia : prepared for introduction at the May 4, 1964 extraordinary session of the General Assembly of Georgia

PROPOSED REVISED
CONSTITUTION OF THE
STATE OF GEORGIA
PREPARED FOR INTRODUCTION AT THE
MAY 4. 1964 EXTRAORDlNARY SESSION
OF THE GENERAL ASSEMBLY OF GEORGIA
AS RECOMMENDED BY THE CONSTITUTION REVISION COMMISSION

I NDE X

ARTICLE

PAGE NUMBER

ARTICLE 1 - Bill of Rights and Elective Franchise.

1

. . . . . . . . . ARTICLE 2 - Legislative Branch . .

. . 10

ARTICLE 3 - Judiciary . . . . . . . . . . . . . . . .

34

ARTICLE 4 - Executive Branch

47

ARTICLE 5 ~ Public Finance

64

ARTICLE 6 - Education.

82

ARTICLE 7 - Counties and Municipal Corporations--

Home Rule--Slum Clearance and

Redevelopment . . . . .

91

ARTICLE 8 - Amendments to the Constitution

105

ARTICLE 9 - Miscellaneous Provisions

107

1 PROPOSED REVISED
CONSTITUTION OF THE
STATE OF GEORGIA
PREAMBLE To perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen, and transmit to posterity the enjoyment of liberty, we, the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution.
ARTICLE 1 BILL OF RIGHTS AND ELECTIVE FRANCHISE
SECTION 1 RIGHTS OF THE CITIZEN Paragraph 1. Origin and Foundation of Government. All government, of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole. Public officers are the trustees and servants of the people, and at all times, amenable to them. Paragraph Z. Protection the Duty of Government. Protection to person and property is the paramount duty of government, and shall be impartial and complete. Paragraph 3. Life, Liberty, and Property. No person shall be deprived of life, liberty, or property, except by due process of law.

2 Paragraph 4. Right to the Courts. No person shall be deprived of the right to prosecute or defend his own cause in any of the courts of this State, in per son, by attorney, or both. Paragraph 5. Benefit of Counsel; Accusation; List of Witnesses; Compulsory Process; Trial by Jury. Every person charged with an offense against the laws of this State shall have the privilege and benefit of counsel; shall be furnished, on demand, with a copy of the accusation, and a list of the witnesses on whose testimony the charge against him is founded; shall have compulsory process to obtain the testimony of his own witnesses; shall be confronted with the witnesses testifying against him; and shall have a public and speedy trial by an impartial jury. Paragraph 6. Crimination of Self not Compellable. No person shall be compelled to give evidence tending in any manner to criminate himself. Paragraph 6. Banishment and Whipping as Punishment for Crime. Neither banishment beyond the limits of the State, nor whipping, as a punishment for crime, shall be allowed. Paragraph 8. Jeopardy of Life or Liberty More Than Once Forbidden. No person shall be put in jeopardy of life, or liberty, ;nore than once for the same offense, save on his own motion for a new trial after conviction, or in case of mistrial. Paragraph 9. Bail; Fines; Punishment; Arrest; Abuse of Prisoners. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; nor shall any person be abused in being arrested, while under arrest, or in prison.

3 Paragraph 10. Costs in Criminal Cases. No person shall be compelled to pay costs or suffer any lien against his property therefor, except after conviction and final adjudication on appeal, if any. Paragraph 11. Habeas Corpus. The writ of habeas corpus shall not be suspended. Paragraph 12. Freedom of Conscience. Every man has the natural and inalienable right to worship God according to the dictates of his own conscience. No person or authority shall in any way control or interfere with such right, and no one shall be molested in person or property, or prohibited from holding any public office or trust on account of his religious opinions. However, this right shall not be construed to excuse acts of licentiousness or justify practices inconsistent with public peace and safety. Paragraph 13. Liberty of Speech or of the Press Guaranteed. No law shall ever be passed to curtail, or restrain the liberty of speech, or of the press; any person may speak, write and publish his sentiments, on all subjects, being responsible for the abuse of that liberty. Paragraph 14. Searches, Seizures, and Warrants. The right of the people to be secure in their persons, houses, places of business, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except upon probable cause, supported by oath, or affirmation, particularly describing the place, or places, to be searched, and the persons or things to be seized. Paragraph 15. Slavery ahd Involuntary Servitude. There shall be within the State of Georgia neither slavery nor involuntary servitude, save as a punishment for crime after legal conviction thereof.

4 Paragraph 16. Status of the Citizen. The social status of the citizen shall never be the subject of legislation. Paragraph 17. Civil Authority Superior to Military. The civil authority shall be superior to the military. In time of peace, no member of the armed or defense forces shall be quartered in any house, without the consent of the owner, nor in time of war, except by the civil magistrate, in such manner as may be provided by law. Paragraph 18. Contempts. The power of the .Courts to punish for contempt shall be limited by legislative acts. Paragraph 19. Imprisonment for Debt. There shall be. no imprisonment for debt. Paragraph 20. Arms, Right to Keep and Bear. The right of the people to keep and bear arms, shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne. Paragraph 21. Legislative, Judicial, and Executive Powers, Separate. The legislative, judicial and executive powers shall forever remain separate and distinct, and no person discharging the duties of one shall, at the same time, exercise the functions of either of the others, except as otherwise provided in this Constitution.
Paragraph 22. Right to Assemble and Petition. The people have the right to assemble peaceably for their common good and to apply to those vested with the powers of government for redress of grievances by petition or remonstrance.

5 Paragraph 23. Citizens, Protection of. All citizens of the United States, resident in this State, are hereby declared citizens of this State, and it shall be the duty of the General Assembly to enact such laws as will protect them in the full enjoyment of the rights, privileges and immunities due to such citizenship.
SECTION 2 CERTAIN OFFENSES DEFINED Paragraph 1. Libel; Jury in Criminal Cases; New Trials. In all prosecutions or indictments for libel the truth may be given in evidence; and the jury in all criminal cases, shall be the judges of the law and the facts. The power of the judges to grant new trials, in case of conviction, is preserved. Paragraph 2. Treason. Treason against the State of Georgia shall consist in levying war against her; adhering to her enemies; giving them aid and comfort. No person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or confession in open court. Paragraph 3. Effect of Conviction. No conviction shall cause the forfeiture of the estate of the convicted person, nor prejudice in any way the rights of his heirs.
SECTION 3 PROTECTION TO PERSONS AND PROPERTY Paragraph 1. Private Ways; Just Compensation. In case of necessity, private ways may be granted upon just compensation being first paid by the

6 applicant. Private property shall not be taken, or damaged, for public purposes, without just and adequate compensation being first paid. Except in takings involving consequential damages or benefits, just and adequate compensation shall be awarded without considering any decrease or increase in the value of the property taken resulting from the improvements, or anticipation thereof, in connection with which the right of eminent domain is being exercised. When private property is taken or damaged for public road, street, and transportation purposes by the State and the counties and the municipalities of the State, or any agency of such governmental units, just and adequate compensation therefor need not be paid until the same has been finally fixed and determined as provided by law, but such just and adequate compensation shall then be paid in preference to all other obligations except bonded indebtedness. The General Assembly may by law require the condemnor to make prepayment against adequate compensation as a condition precedent to the exercise of the right of eminent domain and provide for the disbursement of the same to the end that the rights and equities of the property owner, lien holders and the State and its subdivisions may be protected.
Paragraph 2. Bills of Attainder; Ex Post Facto and Retroactive Laws; Laws Impairing Obligation of Contracts. No bill of attainder, ex post facto law, retroactive law injuriously affecting private rights, or law impairing the obligation of contracts, or making irrevocable grant of special privileges or immunities, shall be passed.
Paragraph 3. \rlife's Separate Estate. All property of the wife at the time of her marriage, all property given to her, all property inherited by her,

7 and all property acquired by her shall remain her separate property and shall not be liable for the debts of her husband.
SECTION 4 SPECIAL LEGISLATION FORBIDDEN Paragraph 1. General Laws; Uniform Operation; How Varied. Laws of a general nature shall have uniform operation throughout the State, and no local or special law shall be enacted in any case for which provision has been made by an existing general law. No general law affecting private rights shall be varied in any particular case by special legislation, except with the free consent, in writing, of all persons to be affected thereby; and no person under legal disability to contract, is capable of such consent. Paragraph 2. What Acts Void. Legislative acts in violation of this Constitution, or the Constitution of the United States, are void, and the judiciary shall so declare them.
SECTION 5 GOVERNMENTAL RIGHTS OF THE PEOPLE Paragraph 1. State Rights. The people of this State have the inherent, sole and exclusive right of regulating their internal government, and the police thereof, and of altering and abolishing their Constitution whenever it may be necessary to their safety and happiness. Paragraph 2. Enumeration of Rights Not Denial of Others. The enumeration of rights herein contained as a part of this Constitution shall not be construed to deny to the people any inherent rights which they may have hitherto enjoyed.

8 SECTION 6 VOTERS AND ELECTIONS Paragraph I. Elections by Ballot; Elector Defined. In all elections by the people, the electors shall vote by secret ballot. Every citizen of this State, eighteen years of age and upwards, of good character, and a resident of this State possessing the qualifications provided by law and authorized under this Section, and not laboring under any of the disqualifications or disabilities provided by law under this Section, shall be an elector and entitled to register and vote at any election by the people; but the General Assembly shall by law establish: ( 1) Minimum periods of residence; (2) reasonable requirements of literacy and education; (3) disqualifications for voting for mental incompetency or conviction of crime. Paragraph Z. Legislature to Prescribe for Exercise of Elective Franchise. The General Assembly shall by law provide for the registration of all electors, insure secrecy in voting, define residence for voting purposes, provide for the manner and place of voting; and provide for the administration of elections. Paragraph 3. Privilege of Electors from Arrest. Electors shall, in all cases,. except for treason, felony, larce~y, and breach of the peace, be privileged from arrest during their attendance on elections, and in going to and returning from the same. Paragraph 4. General Election. A general election shall be held every two years during even-numbered years, until changed by law, such election shall be held on Tuesday after the first 1\l.~.onday in November.

9 SECTION 7 DISQUALIFICATION OF ELECTORS TO HOLD OFFICE Paragraph 1. Electors Disqualified to Hold Office. The General Assembly may provide that no person convicted of a crime, mentally incompetent, or the holder of public money illegally, shall be eligible to hold any office or appointment of honor or trust in this State.

10 ARTICLE 2 LEGISLATIVE BRANCH SECTION 1 LEGISLATIVE POWER, WHERE VESTED Paragraph 1. Power Vested in General Assembly. The legislative power of the State shall be vested in a General Assembly which shall consist of a Senate and a House of Representatives
SECTION 2 SENATORlAL DISTRICTS Paragraph 1. Number and Apportionment of Senators. There shall be fifty-four senatorial districts, and one Senator shall be elected from each district. The General Assembly shall have authority to rearrange and change senatorial districts. The apportionment of the Senate shall be based on population and shall be changed by the General Assembly, if necessary, at its first session after each United States decennial census becomes official. Paragraph 2. Qualifications of Senators. At the time of their election, the members of the Senate shall be citizens of the United States, shall be at least twenty-five years of age, shall have been citizens of this State for at least four years, and shall have been residents of the territory embraced within the district from which elected for at least one year.

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SECTION 3 COUNTY REPRESENTATION Paragraph 1. Number of Representatives. The House of Representatives shall consist of one Representative from each county. There shall be forty-six additional Representatives to be apportioned among the several counties in such manner as the General Assembly may provide, but until such time as the General Assembly shall otherwise provide, such additional Representatives shall be apportioned among the several counties as follows: To the eight counties having the largest population, two additional Representatives each; and to the thirty counties having the next largest population, one additional Representative each.
Paragraph z. Qualifications of Representatives. At the time of their
election, the members of the House of Representatives shall be citizens of the United States, shall be at least twenty-one years of age, shall have been citizens of this State for at least two years, and shall have been residents of the county from which elected for at least one year.
SECTION 4 OFFICERS OF THE GENERAL ASSEMBLY Paragraph 1. President of the Senate. The presiding officer of the Senate shall be styled the President of the Senate. The President of the Senate shall have no vote, except: (a) When the Senate shall be equally divided on an issue; (b) When only .one additional vote shall be required for a constitutional majority; and

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(c) In Senate committees as prescribed by the Senate rules. Paragraph 2. Speaker of the House of Representatives. The presiding officer of the House of Representatives shall be styled the Speaker of the House of Representatives, and shall be elected from the membership of the House of Representatives by a majority of its membership by a roll call vote thereof. Paragraph 3. Officers, Employees and Committees of the Two Houses. In addition to the President of the Senate and Speaker of the House of Representatives, the officers of the two houses shall be a President Pro Tempore and a Secretary of the Senate and a Speaker Pro Tempore and a Clerk of the House of Representatives. The President Pro Tempore of the Senate and the Speaker Pro Tempore of the House of Representatives shall be elected from the membership of their respective houses and such officers and the Secretary and Clerk shall be elected by a roll call vote by a majority of the membership of the respective house in which they are to serve. The President Pro Tempore shall act as President in case of the death, resignation or disability of the President, or in the event of the succession of the President to the executive power. When acting as President of the Senate, however, the President Pro Tempore shall have the same voting privileges as any other member of the Senate. The Speaker Pro Tempore shall act as Speaker in case of the death, resignation or disability of the Speaker, or in the event of the succession of the Speaker to the executive power. Each house is hereby authorized to provide for its own assistants and employees and fix the compensation therefor. Interim committees may be created by the General Assembly or by either house thereof.

13 SECTION 5 THE GENERAL ASSEMBLY Paragraph 1. Terms of Members. The members of the General Assembly shall be elected for terms of four years and shall serve until the time fixed by law for the convening of the General Assembly in the year following the fourth years of their terms of office. Paragraph 2. Election and Seating of Members. The first regular election for members of the General Assembly under this Constitution shall be held on Tuesday after the first ~..onday in November, 1966, and subsequent elections shall be held quadrennially on the same day, unless the day of election is changed by law. Each house shall be the sole judge of the election, returns and qualifications of its members. Paragraph 3. Oath. Each Senator and Representative, before taking his seat, shall take such oath or affirmation as shall be prescribed by law. Paragraph 4. Meeting, Time Limit, and Adjournment. The General Assembly shall meet in regular annual session on the second Monday in January in each year. By concurrent resolution adopted by a majority of the membership of each house, the General Assembly may adjourn any regular session to a later day certain in the same calendar year but shall not remain in regular session for longer than fifty days in the aggregate in odd-numbered years or for longer than forty days in the aggregate in even-numbered years. If an impeachment trial is pending at the end of any regular session, the Senate may remain in session until such trial is completed.

14 Paragraph 5. Quorum. A majority of each hmse shall constitute a quorum to transact business, but a smaller number may adjourn from day to day and compel the presence of its absent members as each house may provide. Paragraph 6. Adjournments. Except as otherwise provided in this Constitution, neither house shall adjourn for more than three days or to any other place without the consent of the other, and in case of disagreement between the two houses on a question of adjournment, the Governor may adjourn either or both of them. Paragraph 7. Eligibility; Appointments Forbidden. No person on active duty with any branch of the armed forces of the United States, and no person holding any civil appointment or office having any emolument or compensation annexed thereto, under the United States, this State or any other State, except justices of the peace and members of the militia, and no person who is a defaulter for public money or for any legal taxes required of him, shall have a seat in either house. No Senator or Representative shall be elected by the General Assembly or appointed by the Governor to any office or appointment having any emolument annexed thereto, during the time for which he shall have been elected, unless he shall first resign his seat; but during the term for which he is elected, no Senator or Representative shall be appointed to any civil office which is created during such term. Paragraph 8. Removal from District or County, Effect of. The seat of a member of either house shall be vacant upon changing his legal residence from the district or the county from which he was elected.

15 Paragraph 9. Effect of Reapportionment. No reapportionment of the Senate or House of Representatives pursuant to the provisions of Section 2 or 3 above shall affect any then incumbent member of either house and such members may continue to serve out the remainder of the term for which he was elected and no vacancy shall exist with respect to such seat until the expiration of such term. Paragraph 10. Compensation. The members of the General Assembly shall receive such compensation and allowances as may be prescribed by law. Paragraph 11. Elections by the General Assembly. When the Senate and the House of Representatives meet in joint session for the purpose of elections, they shall meet in the Hall of the House of Representatives. All such elections shall be by a roll call vote, and the vote shall be recorded on the Journal of the House of Representatives. The President of the Senate shall preside over such joint sessions and declare the result of such elections. In the absence of the President, the Speaker of the House of Representatives shall preside and declare such results. Paragraph 12. Disorderly Behavior or Conduct; Punishment. Each house shall have power to punish its members for disorderly behavior or misconduct by censure, fine, imprisonment, or expulsion. No member shall be expelled, however, except by the affirmative vote of two-thirds of the entire membership of the house to which he belongs. Paragraph 13. Contempts, How Punished. Each house may punish by imprisonment, not extending beyond the session, any person not a member who shall be guilty of a contempt by any disorderly behavior in its presence,

16 or who shall rescue, or attempt to rescue, any person arrested by order of either house.
Paragraph 14. Privilege of Members. The members of both houses shall be free from arrest during sessions of the General Assembly, and in going thereto or returning therefrom, except for treason, felony or larceny. No member shall be liable to answer in any other place for anything spoken in either house or in any committee of the General Assembly or .:>f either house.
SECTION 6 IMPEACHMENTS Paragraph 1. Power to Impeach. The House of Representatives shall have the sole power to vote impeachment charges against any person who shall be in office. Paragraph 2. Impeachments; Trial of Impeachments. The Senate shall have the sole power to try impeachments. When sitting for that purpose, the members shall be on oath or affirmation and shall be presided over by the Chief Justice of the Supreme Court. Should the Chief Justice be disqualified, the Senate shall select a Justice of the Supreme Court to preside. No person shall be convicted without the concurrence of two-thirds of the membership. Paragraph 3. Judgments in Impeachment. In cases of impeachment, judgments shall not extend further than removal from office and disqualification to hold and enjoy any office of honor, trust, or profit within this State; but no such judgment shall relieve any party from any criminal or civil liability.

17 SECTION 7 GENERAL ASSEMBLY; EXERCISE OF POWERS Paragraph 1. Powers of the General Assembly; Rules of Each House. The General Assembly shall have the power to make all laws not inconsistent with this Constitution and not repugnant to the Constitution of the United States. Where this Constitution merely affirms the power of the General Assembly, further provisions as to the exercise of such power, unless the contrary plainly appears, shall be construed as discretionary and not mandatory or restrictive. Each house may determine and adopt rules governing its proceedings consistent with the laws and Constitution of this State. Paragraph 2. Bills to be Read. Every bill, and every resolution intended to have the effect of law, shall be read three times and on three separate days in each house before it shall pass, unless in case of invasion or insurrection; but the first and second readings may consist of the reading of the title only. Paragraph 3. Roll Call Vote, When Taken. At the desire of one-fifth of the members present, a roll call vote on any question shall be taken and shall be entered on the journal. Paragraph 4. Journals and Acts. Each house shall keep a journal of its proceedings and publish it immediately after its adjournment. The General Assembly shall provide for the publication of the laws passed at each session. After publication, the original journals shall be preserved in the office of the Secretary of State, and such journals shall be the official records of the proceedings of each house. Paragraph 5. Roll Call Vote to be Entered, When. Whenever this Constitution requires a vote of two-thirds of either or both houses for the

18 passage of a bill or resolution, a roll call vote shall be taken in each house and shall be entered on its respective journal.
Paragraph 6. Majority of Members to Pass Bill. No bill shall become a law unless it shall receive a majority of the votes of all the members elected to each house of the General Assembly, and such vote shall so appear on the journal of each house.
Paragraph 7. Acts Signed. All acts shall be signed by the President of the Senate and the Speaker of the House of Representatives.
Paragraph 8. Rejected Bills. Any bill, or any resolution intended to have the effect of law, which shall have been rejected by either house, shall not be again proposed in the same or similar form during the same session at which it was rejected without the concurrence of two-thirds of the membership of the house by which the same was rejected.
SECTION 8 ENACTMENT OF LAWS Paragraph 1. One Subject Nlatter Expressed. No law shall pass which refers to more than one subject matter or contains matter different from what is expressed in the title thereof. Paragraph 2. Statutes and Sections of Code, How Amended. No law or section of the Code shall be amended or repealed by mere reference to its title or to the number of the section of the Code, but the amending or repealing act shall distinctly describe the law to be amended or repealed as well as the alteration to be made.

19 Paragraph 3. Notice of Intention to Introduce Local Legislation. No local or special bill shall be passed unless notice of the intention to introduce same has been published in the newspaper in which the sheriff's advertisements for the locality affected are published, once a week for three consecutive weeks during a period of sixty days immediately preceding its introduction into the General Assembly. No local or special bill shall become law unless there is attached to and made a part of said bill a copy of said notice accompanied by an affidavit or certificate of a duly authorized representative of the newspaper or accompanied by an affidavit of the author to the effect that said notice has been published as provided herein and specifying the dates of publication. Paragraph 4. Elective Offices, .Abolishment. No office to which a person has been elected shall be abolished nor the term of such office shortened or lengthened by local or special act so as to abolish such office or shorten or lengthen the term thereof during the term for which such person was elected, unless such act be approved by a majority of those qualified voters of the jurisdiction affected voting in a referendum. When any local law shall add any member or members to any municipal or county governing authority, the members of which are elected by the people, such local law shall provide that the member or members so added shall be elected by the qualified voters of the political subdivision affected under such rules as the General Assembly may provide in said law. Paragraph 5. Recognizances. The General Assembly shall have no power to relieve principals or sureties upon forfeited recognizances from the payment

20 thereof, either before or after judgment thereon, unless the principal in the recognizance shall have been apprehended and placed in the custody of the proper officers.
Paragraph 6. Abridgment of Right of Eminent Domain. The exercise of the right of eminent domain shall never be abridged or construed so as to prevent the General Assembly from taking property and franchises and subjecting them to public use.
Paragraph 7. Abridgement of Police Power. The exercise of the police power of the State shall never be abridged or construed so as to permit the conduct of business in such manner as to infringe the equal rights of others or the general well being of the State.
Paragraph 8. Corporate Powers, How Granted. The General Assembly shall have no power to grant corporate powers and privileges to private companies, but it shall provide by law the manner in which such powers shall be exercised by the superior courts. The Secretary of State shall issue and grant all corporate powers and privileges to banking, trust, insurance, and railroad companies in such manner as shall be prescribed by law. The General Assembly shall provide by law how such charters shall be issued and granted in the event the Secretary of State shall become disqualified or unable to act.
Paragraph 9. Charters Revised or Amended Subject to Constitution.
The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, or alter or amend the same, or pass any other general or special law for the benefit of said corporation, except upon the

21 condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution. Every amendment of any charter of any corporation in this State, or any special law for its benefit, accepted thereby, shall operate as a novation of said charter and shall bring the same under the provisions of this Constitution.
Paragraph 10. Change of Name, How Granted. The General Assembly shall have no power to change the names of any person or persons, but it shall provide by law the manner in which such power shall be exercised by the superior courts.
Paragraph 11. Change of Election Precincts, How Granted. The General Assembly shall have no power to establish, abolish, or otherwise change election precincts, but it shall provide by general law of uniform application the manner in which such power shall be exercised.
Paragraph 12. Contracts to Defeat Competition. All contracts and agreements which may have the effect of, or are intended to have the effect of, defeating or lessening competition or of encouraging monopoly shall be illegal and void. The General Assembly shall enforce the provisions of this paragraph by appropriate legislation.
Paragraph 13. Regulation of Insurance. The General Assembly shall enact laws to compel all insurance companies doing business in this State, whether chartered by this State or otherwise, to deposit reasonable securities with the State Treasurer to secure the people against loss by the operations of said companies. The General Assembly shall compel all insurance companies doing business in this State, under penalties, to make annual

22 reports to the Insurance Commissioner or other designated official or officials and print the same at their own expense, for the information and protection of the people.
Paragraph 14. Public Utilities, Tariffs and Charges. The power and authority of regulating railroad freight and passenger tariffs and of charges of public utilities for their services, of preventing unjust discriminations, and requiring reasonable and just rates of freight and passenger tariffs and of charges of public utilities, are hereby conferred upon the General Assembly, whose duty it shall be to pass laws from time to time, to regulate such tariffs and charges, to prohibit unjust discriminations by the various railroad and public utilities of this State, and to prohibit said railroads and public utilities from charging other than just and reasonable rates and to enforce the same by adequate penalties, provided, nevertheless, that such power and authority shall never be exercised in any way to regulate or fix charges of such public utilities as are or may be owned or operated by any county or municipality of this State; except as provided in this Constitution.
Paragraph 15. Rebates. No public utility company shall give or pay any rebate, or bonus in the nature thereof, directly or indirectly, or do any act to mislead or deceive the public as to the real rates charged or received for freight or passage or services furnished. Any such payments shall be illegal and void, and these prohibitions shall be enforced by suitable penalties.

23 SECTION 9 REVENUE BILLS Paragraph 1. Bills for Revenue. All bills for raising revenue or appropriating money shall originate in the House of Representatives, but the Senate may propose or concur in amendments as in other bills. Paragraph 2. Public Money, How Drawn. No money shall be drawn from the State Treasury except pursuant to this Constitution or by appropriations made by law pursuant to this Constitution. Paragraph 3. Bills Appropriating Money. No bill or resolution appropriating money shall become a law unless, upon its passage, a roll call vote in each house is recorded.
SECTION 10 APPROPRIATIONS Paragraph 1. Preparation, Submission and Enactments of General Appropriations Bill. (a) The Governor shall submit to the General Assembly within five days after its convening in every odd-numbered year, a budget message and a budget report, accompanied by a draft of a General Appropriations Bill, in such form and manner as may be prescribed by statute, which shall provide for the appropriation of the funds necessary to operate all the various departments and agencies, to pay the public debt and to meet the current expenses of the State for each of the next two ensuing fiscal years.

24 (b) The General Assembly shall biennially appropriate the funds necessary to operate all the various departments and agencies, to pay the public debt and meet tne current expenses of the State for each of the next two fiscal years. The fiscal year of the State shall commence on the first day of July of each year and terminate on the thirtieth of June following. (c) The General Assembly shall by general law provide for the regulation and management of the financial and fiscal administration of the State. (d) The General Appropriations Act shall embrace nothing except the appropriation of funds necessary to operate all the various departments and agencies, to pay the public debt and meet the current expenses of the State as authorized by acts of the General Assembly and this Constitution. Paragraph 2. General Appropriations Act. (a) Each General Appropriations Act now of force or hereafter adopted, with such amendments as are adopted from time to time, shall continue in force and effect for the next two ensuing fiscal years after adoption, and it shall then expire except for the mandatory appropriations required by this Constitution and those required to meet contractual obligations authorized by this Constitution and the continued appropriation of federal grants. (b) The General Assembly shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued in the State Treasury at the beginning of the fiscal year, together with an amount not greater than the total Treasury receipts from existing revenue sources anticipated to be collected in the fiscal year, less refunds, as estimated in the Budget Report and amendments thereto.

25 Supplementary appropriations, if any, shall be made in the manner provided in Article 2, Section 10, Paragraph 3 of this Constitution, but in no event shall a supplementary appropriations .Act continue in force and effect beyond the expiration of the General .Appropriations Act in effect when such supplementary appropriations Act was adopted and approved.
(c) All appropriated funds, except for the mandatory appropriations required by this Constitution, remaining unexpended and not contractually obligated at the expiration of such General Appropriations Act, shall lapse.
(d) All federal funds received by the State are hereby continually appropriated in the exact amounts and for the purposes authorized and directed by the United States Government in making the grant.
(e) The State, state institutions, departments and agencies of the State are hereby prohibited from entering into any contract with any public agency, public corporation or authority pursuant to the provisions of Article 5, Section 3, Paragraph 3, when such contract constitutes security for bonds or other obligations issued by any such public agency, public corporation, or authority, and the appropriation or expenditure of any funds for the payment of obligations under any such contract is likewise prohibited at any time when the aggregate annual payments under all such contracts, including the contract or contracts proposed to be entered into,exceed 15o/o of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately preceding the making and entering into of any such contract; provided, however, this provision shall not affect contracts validly entered into prior to the adoption of this Constitution or which conform to this provision at the time the

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same are hereafter executed. The execution of any such contract is further prohibited until the General Assembly has specifically provided funds in an Appropriations Act for the payment of at least one year s rental under such contract.
(f) Notwithstanding any other provisions of this Constitution, the obligati.cn assumed by the State or any department or agency thereof pursuant to any contract authorized pursuant to the provisions of Article 5 of this Constitution shall constitute a general obligation of the State and the General Assembly shall include in each General Appropriations Act in the appropriation payable to each department or agency thereof, in addition to such other items as may be included in such appropriation, and whether or not any other items are included, sums sufficient to satisfy the payments required to be made by the State or any department or agency thereof in each year under contracts now or hereafter entered into pursuant to said Article 5 with any State authority or public corporation which was created and activated prior to January 1, 1961, which such contracts constitute security for bonds or other obligations heretofore or hereafter issued by any such authority or public corporation. In the event for any reason any such appropriation is not made, then the fiscal officers of the State are hereby authorized and directed to set up on their appropriation accounts in each fiscal year as an appropriation the respective amounts required by each such department or agency to pay the obligations called for under any such contract. The amount of the appropriation in each fiscal year to meet such contractual obligations shall be due and payable to each such department or agency in each fiscal year to be expended to pay such

27 contractual obligations as set forth in said contracts and said appropriation shall have the same legal status as if the General Assembly had included the amount of the appropriation in a General Appropriations Act.
Paragraph 3. Supplementary Appropriation Acts. In addition to the appropriations made by the General Appropriations Act and amendments thereto, the General Assembly may make additional appropriations by supplementary appropriation acts, but no such supplementary appropriation shall be available unless there is an unappropriated surplus in the State Treasury or the additional revenue measures necessary to provide such supplementary appropriation shall have been enacted. Neither house shall
pass a supplementary appropriation bill until the General Appropriations Act shall have been finally adopted by both houses and approved by the Governor.
Paragraph 4. Appropriations to be for Specific Sums. (a) Except as hereinafter provided, the appropriation for each department, officer, bureau, board, commission, agency or institution for which appropriation is made shall be for a specific sum of money, and no appropriation shall allocate to any object the proceeds of any particular tax or fund or a part or percentage thereof. (b) An amount equal to all money derived from motor fuel taxes received by the State Treasurer in each of the immediately preceding fiscal years, less the amount of refunds, rebates and collection costs authorized by law, is hereby appropriated for the fiscal year beginning July 1, of each year following, for all activities incident to providing and maintaining an adequate system

28 of public roads and bridges in this State as authorized by laws enacted by the General Assembly of Georgia, and for grants to political subdivisions for aid in construction and maintenance as provided by law authorizing the State Treasurer to make such grants. Said sum is hereby appropriated for, and shall be available for, the aforesaid purposes regardless of whether the General Assembly enacts a General Appropriations Act. Said sum need not be specifically stated in any General Appropriations Act passed by the General Assembly in order to be available for such purposes. However, this shall not preclude the General Assembly from appropriating for such purposes an amount greater than the sum specified above for such purposes. The expenditure of such funds shall be subject to ail the rules, regulations and restrictions imposed in the expenditure of appropriations by provisions of the Constitution and laws of this State, unless such provisions are in conflict with the provisions of this Paragraph. The proceeds of the tax hereby appropriated shall not be subject to budgetary reduction. In the event of invasion of this State by land, sea or air, or in case of a major catastrophe, so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the executive order of the Governor.
Paragraph 5. Appropriations Void, When. Any appropriation made in conflict with any of the foregoing provisions of this Section shall be void.
SECTION II H01V1ESTEAD EXEMPTIONS Paragraph 1. Manner of Providing for Homestead Exemptions. The General Assembly shall protect by law from levy and sale a portion of the

29
homestead and other property of the citizens in an amount of not less than $1600 and shall have authority to define those to whom such exemptions shall be allowed; to specify the amount of such exemptions; to provide the manner of exempting such property, the sale, alienation and encumbrance thereof; and to provide for the waiver of said exemptions by the debtor.
SECTION 12 MILITIA
Paragraph 1. Provision for Militia. The General Assembly shall provide by law for the defense and disaster forces of the State. When not in federal service, the discipline of members of the militia shall be in accordance with the applicable provisions of the Constitution and laws of the United States, acts of the General Assembly, and directives of the Governor in his capacity as Commander-in-Chief of the Niilitia. The General Assembly shall have the authority to provide for trial by courts-martial and non-judicial punishment of members of the militia; for the initiation of charges and subsequent procedures thereon; and for rules of evidence, venue, and all other matters necessary and proper for the maintenance of a well regulated and disciplined militia.
SECTION 13 ELECTIVE OFFICIALS Paragraph 1. Salaries of Elective Officials, How Changed. The General Assembly may prescribe salaries for all elective officers provided for in this Constitution and change the same, but no such change shall diminish the amount of any salary during the term of office.

30
SECTION 14 VETERANS PREFERENCE
Paragraph 1. Veterans Preference. Any veteran who has served as a member of the armed forces of the United States during the period of a war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who was honorably discharged therefrom, shall be given such veteran s preference in any civil service program established in the State government or any political subdivision thereof as may be determined by appropriate action of the General Assembly.
Provided, however, notwithstanding any such action by the General Assembly, any veteran who has served as a member of the armed forces of the United States during the period of any war or the Korean Conflict and who was honorably discharged therefrom shall be entitled to and shall receive the following preference in taking a competitive examination for employment with the State government or any political subdivision thereof.
(a) Such veteran who has at least a ten per centum service connected disability as rated and certified by the Veterans Administration shall be entitled to and shall have ten points added to his passing score on such examination; and
(b) All other such veterans shall be entitled to and shall have five points added to his passing score on such examination.

31 SECTION 15 RETIREMENT SYSTEMS Paragraph 1. Teachers Retirement System. There shall be a Teachers Retirement System of Georgia as provided for by law at the time of the ratification of this Constitution, with such changes as shall hereafter be provided for by law not in conflict with the provisions of this Constitution. Such system shall be on an actuarially sound basis and shall be administered by a Board of Trustees of the Teachers Retirement System of Georgia. Persons eligible for membership in said system shall be those so authorized by law at the time of the ratification of this Constitution and such other teachers as the General .Assembly shall authorize. The allowances and benefits for persons who were members of such System at the time of the ratification of this Constitution shall be not less than those authorized under laws and rules and regulations in existence at such time. All monies heretofore and hereafter paid into such System, except funds and appropriations provided for the cost of administration, are hereby declared to be trust funds and shall not be expended for any purpose except to provide allowances and benefits under such System. The investment powers of the Board with regard to such monies shall be those provided, from time to time, by law for domestic life insurance companies. Paragraph 2. Employees Retirement System. There shall be an Employees Retirement System of Georgia as provided for by law at the time of the ratification of this Constitution, with such changes as shall hereafter be provided for by law not in conflict with the provisions of this Constitution.

32

Such System shall be on an actuarially sound basis and shall be administered

-~
~

by a Board of Trustees of the Employees Retirement System of Georgia. Persons

~

eligible for membership in said System shall be those so authorized by law

at the time of the ratification of this Constitution and such other persons

as the General Assembly shall authorize. The General Assembly, however,

shall not hereafter authorize eligibility for any persons except employees

and officials of the State government and employees of those public authorities

referred to in Article 2, Section 10, Paragraph 2, Subparagraph (f) of this

Constitution. The allowances and benefits, including survivor's benefits,

for persons who were members of such System at the time of the ratification

of this Constitution shall be not less than those authorized under laws

and rules and regulations in existence at such time. All monies heretofore

and hereafter paid into such System, except funds and appropriations provided

for the cost of administration, are hereby declared to be trust funds and

shall not be expended for any purpose except to provide allowances and

benefits under such System, including survivor's benefits. The investment

powers of the Board with regard to such monies shall be those provided, from

time to time, by law for domestic life insurance companies. The Board is

hereby authorized to provide by contract for the coverage of the members of the

System and eligible officials and employees of political subdivisions, under

the provisions of the Federal Old Age and Survivors Insurance Program, and to

amend any such contract from time to time as the Board shall deem advisable,

and the General Assembly is hereby authorized to enact any legislation

necessary or desirable for such purposes.

33 Paragraph 3. Firemen's Pension System. The powers of taxation may be exercised by the State through the General Assembly, and the counties and municipalities, for the purpose of paying pensions and other benefits and costs under a firemen's pension system or systems. The taxes so levied may be collected by such firemen's pension system or systems and disbursed therefrom by authority of the General Assembly for the purposes herein authorized. Paragraph 4. Other Retirement Systems. There shall be such other retirement systems for other State and political subdivision officials and employees as shall now or hereafter be provided for by acts of the General Assembly.

34
ARTICLE 3
JUDICIARY SECTION 1
COURTS
Paragraph 1. Courts Enumerated. The judicial power of this State shall be vested exclusively in a unified judicial system which shall consist of one Supreme Court, one Court of Appeals, trial courts of general jurisdiction known as the superior courts, courts of ordinary and such other courts of limited jurisdiction as have been or may be established by law.
SECTION 2 THE SUPREME C:>URT Paragraph 1. Supreme Court Justices. The Supreme Court shall consist of seven justices who shall from time to time, as they deem proper, elect one of their members as Chief Justice, and one as Presiding Justice. The Court shall have power to hear and determine cases when sitting as a body under such regulations as may be prescribed by its rules. A majority

35

~

~

of the Court shall constitute a quorum but the concurrence of four justices

::.

shall be necessary for a decision in any case.

Paragraph 2. Jurisdiction.

(a) Original Jurisdiction. Except as herein provided, the Supreme Court

shall have no original jurisdiction, but it shall have power to issue all writs

necessary or appropriate in aid of its appellate jurisdiction and such inherent

power as is necessary in the performance of its duties, and the Court may, in

\.

accordance with its rules, r~J:lder opinions on questions of solemn and

','

manifest public importance when requested by the Governor or by joint

resolution of the General Assembly.

(b) Appellate Jurisdiction. The Supreme Court shall have jurisdiction

with respect to the trial and correction of errors of law from the superior

courts and such other courts authorized by law, in cases involving the

interpretation or application of the Constitution of the United States or of the

State of Georgia, or of treaties between the United States and foreign govern-

ments; in all cases in which the constitutionality of any law of the United States

or of the State of Georgia is drawn in question, including municipal ordinances

and resolutions adopted by county governing bodies, and rules and regulations

adopted by public administrative agencies created by law; in all divorce and

alimony cases; in all cases of conviction of a capital felony; in all cases

36
certified to it by the Court of .Appeals for its determination; and in such other classes of cases as may be prescribed by its rules. The Supreme Court shall have discretio~ry power to require any case to be certified by certiorari or otherwise to the Supreme Court from the Court of Appeals for review and determination with the same power and authority as if the case had been carried directly to the Supreme Court. The Supreme Court also shall have jurisdiction of and shall decide cases transferred to it by the Court of Appeals because of an equal division between the Judges of that Court when sitting as a body for the determination of cases. The decisions of the Supreme Court shall bind all other courts of this State as precedents.
Paragraph 3. Powers of Supreme Court. (a) The Supreme Court, with the counsel and advice of the Judges of the Court of Appeals, the Judges of the Superior Courts and the State Bar of Georgia, shall have the power to prescribe rules governing practice and procedure for the judicial system. Such rules, before becoming effective, shall be submitted to the General Assembly during the first ten days of any regular session, and if the General Assembly adjourns during the year of such submission without having by concurrent action of both houses rejected such rules, they shall become effective ten days after the date of adjournment. Any rules so submitted shall not be subject to amendment by the General Assembly, but shall be subject only to rejection as submitted and if more than one rule is submitted and the same are declared by the Supreme Court to be inter-related the General Assembly may not reject only a part of such

inter-related rules. The rules in force upon the effective date of this Constitution shall continue of force until changed as above provided.
(b) The Supreme Court shall by rule govern admission to the bar and otherwise regulate the practice of law, organization of the bar~ standards of professional conduct, and the discipline of members of the bar.
SECTION 3 THE COURT OF APPEALS Paragraph 1. Judges of the Court of Appeals. The Court of Appeals shall consist of such number of judges as may now or hereafter be provided by law. The Court may from time to time elect one of their members as Chief Judge and such number of Presiding Judges as may be prescribed by its rules. The Court may adopt such rules of practice in cases before it and the manner of hearing and determining cases as are not inconsistent with the rules of the Supreme Court. Paragraph 2. Jurisdiction. (a) Original Jurisdiction.. The Court of Appeals shall have no original jurisdiction, but it shall have power to issue all writs necessary or appropriate in aid of its appellate jurisdiction. (b) Appellate Jurisdiction. The Court of Appeals shall have jurisdiction with respect to the trial and correction of errors of law from the superior courts and such other courts as authorized by law in such cases as may be prescribed by the rules of the Supreme Court not inconsistent with this

38 Constitution. when the Court of Appeals desires instruction from the Supreme Court in a pending case, it may certify the same to the Supreme Court, which after affording the parties an opportunity to be heard thereon, shall instruct the Court of Appeals on the question so certified without regard to whether or not the answer to such question is determinative of the entire case, and the Court of Appeals shall be bound thereby. In case no such instruction is given by reason of an equal division of opinion among the Justices of the Supreme Court, the Court of Appeals shall decide the case. In the event of an equal division of judges on any case when the Court of Appeals is sitting as a body, the case shall be transferred immediately to the Supreme Court. The manner of certifying cases to the Supreme Court, and the procedure governing review of decisions of the Court of Appeals by the Supreme Court, or of the transfer of cases between said Courts, shall be as the Supreme Court by its rules may prescribe.
SECTION 4 SELECTION AND TENURE OF JUSTICES OF THE
SUPREME COURT AND JUDGES OF THE COURT OF APPEALS
Paragraph 1. Election and Tenure of Justices and Judges. Justices of the Supreme Court and Judges of the Court of Appeals shall hold office for eight years and until their successors are elected and qualified. They shall be elected by the people in the same manner as members of the General Assembly.

39 Paragraph 2. Appointments to Fill Vacancies .. In case of any vacancy, the same shall be filled by appointment of the Governor and the person appointed shall hold such office until the first day of January after the regular general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected.

SECTION 5

COMPENSATION, RETIREMENT AND PENSION

OF JUSTICES OF THE SUPREME COURT AND

JUDGES OF THE COURT OF APPEALS

Paragraph 1. Salary. The compensation of justices and judges shall be

fixed by statute. Such compensation shall not be reduced during the term for

which the justice or judge was elected or appointed.

Paragraph 2. Retirement and Pensions. The General Assembly shall pro-

vide by law for the payment of compensation or pensions to retired or disabled

justices and judges. The Supreme Court may assign retired justices and judges

to perform temporary judicial duties in any court of the State. Every justice

and judge who has not retired at an earlier age shall retire upon reaching the

age of seventy and may retire upon reaching the age of sixty-five and any jus- - " - . -------------------'~-------~--~---- ~---~-----------f
tice or judge so retiring under this provision who has served at least ten

years as a justice or judge of the Supreme Court or the Court of Appeals or

any combination thereof shall receive a pension or compensation which shall

be not less than two-thirds of the compensation received by him at the time

-------~-----

- . ---~--

of his retirement; provided, however, any justice or judge during the term of

office he is serving at the time of the effective date of this Constitution

shall not be required to retire at age seventy but he may elect to do so and

40 shall receive the pension or compensation herein provided. No justice or judge receiving retirement or pension benefits hereunder shall be eligible to appointment to any emeritus position. Any justice or judge receiving any such compensation or pension shall not engage in the practice of law.
SECTION 6 JUDICIAL ADMINISTRATION Paragraph 1. Assignment of Judges. The Supreme Court shall have the power in the manner provided by its rules to assign any judge or judge emeritus of the Superior Court of the State to sit in any State court when any justice or judge thereof is disqualified or incapacitated, and the Supreme Court may also assign any justice or judge to sit in any court in any other case where the Supreme Court deems such assignment necessary to aid the prompt disposition of judicial business, where the judge to be assigned consents thereto.
SECTION 7 SUPERIOR COURTS Paragraph 1. Terms of Judges. There shall be a judge of the superior courts for each judicial circuit, whose term of office shall be six years, and until his successor is elected and qualified. He may act in other circuits and in other courts when directed by the Supreme Court as hereinbefore provided or when authorized by law. The General Assembly shall have authority to add one or more additional judges of the superior courts for any judicial circuit in the State; shall fix the time at which the term or terms of office of such additional judge or judges shall begin; and shall have authority from time to time to reduce the number of judges in any judicial circuit; provided

41 that, at all times there shall be at least one judge in every judicial circuit of this State. In any circuit having more than one judge, the senior judge in point of service shall be the chief judge unless the judges in the circuit otherwise elect a chief judge.
Paragraph 2. Elections. The successor to the present and subsequent incumbents shall be elected by the electors of their respective circuits, at the general election held next preceding the expiration of their respective terms.
Paragraph 3. Terms. The terms of the judges, except in the case of an appointment to fill a vacancy, shall begin on the first day of January after their elections. Every vacancy occasioned by death, resignation or other cause shall be filled by appointment of the Governor until the first day of January after the regular general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected.
SECTION 8 JURISDICTION OF SUPERIOR COURTS Paragraph 1. Exclusive Jurisdiction. The superior courts shall have exclusive jurisdiction in cases of divorce and alimony; in criminal cases where the accused is charged with a felony; in cases respecting title to land; and in equity cases. Paragraph 2. General Jurisdiction. The superior courts shall have jurisdiction in all civil and criminal cases, with such exceptions as may be provided by law not inconsistent with this Constitution. fhey shall have appellate jurisdiction in such cases as may be provided by law. They shall have power to correct errors in inferior judicatories by writ of certiorari or as otherwise provided by law, except that such courts shall not have

42

jurisdiction to review final judgments rendered by any agency of the State

~

Bar of Georgia exercising disciplinary power. The superior courts shall have

':~ authority to issue such writs as may be necessary or appropriate for carrying

their powers fully into effect, and shall have such other powers as may be

conferred on them by law.

SECTION 9 COMPENSATION AND RETIREMENT OF
JUDGES OF SUPERIOR COURTS Paragraph 1. Salaries. Judges of the superior courts shall receive
:~
from the State Treasury such compensation and allowances as may be fixed by law. The General Assembly may by law authorize any county to supplement the compensation and allowances of the judge or judges from funds of the county or counties comprising the circuit of such judge or judges. Such compensation or supplement shall not be reduced during the term for which the judge was elected or appointed.
Paragraph 2. Retirement. Every judge who has not retired at an earlier age shall retire upon reaching the age of seventy, provided, however, any judge during the term of office he is serving at the time of the effective date of this Constitution shall not be required to retire at age seventy, but he may elect to do so. Any judge so retiring under this provision shall receive such compensation or pension as may be provided by law. Any judge receiving such compensation or pension shall not engage in the practice of law.

SECTION 10 QUALIFICATIONS OF JUSTICES AND JUDGES Paragraph 1. Age; Citizenship; Practice of Law. No person shall be Justice of the Supreme Court, Judge of the Court of Appeals or Judge of the

43 Superior Courts, unless at the time of his election or appointment he shall have attained the age of thirty years; shall have been a citizen of and practiced law in the State of Georgia for seven years and shall be a member in good standing of the State Bar of Georgia; and any Judge of the Superior Court shall have been a resident of the territory comprising the circuit in which he is elected or appointed for the three years next preceding his election or appointment.
Paragraph 2. Justices and Judges Emeritus to Preside. Justices emeritus of the Supreme Court, judges emeritus of the Court of Appeals, and judges emeritus of the Superior Courts shall be eligible for temporary service in any court of this State when so designated by the Supreme Court or otherwise provided by law.
SECTION 11 COURT OF ORDINARY Paragraph 1. Courts of Ordinary. There shall be a Court of Ordinary in each county, the power of which shall be vested in an ordinary. Paragraph 2. Jurisdiction. The Courts of Ordinary shall have jurisdiction of probate matters, and such other jurisdiction and powers as provided by law. Paragraph 3. Term of Office. The Ordinary shall hold office for a term of four years and until his successor is elected and qualified.
SECTION 12 UNIFORMITY OF COURTS: ABOLITION Paragraph 1. Uniformity; Exceptions. Except as otherwise herein provided, the jurisdiction, powers, proceedings and practice of all courts or officers invested with judicial powers of the same grade or class, so far as

44 regulated by law, and the force and effect of the process, judgment and decree of such courts, severally, shall be uniform, subject however to the following exceptions:
(a) Uniformity shall not be required with respect to courts of ordinary or other courts of limited jurisdiction referred to in Section 1 hereof, although the General Assembly may by law establish uniformity for any or all of such courts.
(b) The General Assembly t~y, without regard to uniformity, abolish the office of justice of.the peace in any county or district thereof, and may create in lieu thereof such other courts or system of courts with such powers and jurisdiction, either as to amount or subject matter, as may be provided by law, except to the extent that some other court may have exclusive jurisdiction thereof under this Constitution. All justice of peace courts now in existence shall continue as statutory murts until otherwise provided by law, and with such jurisdictions and powers as provided by law.
(c) The General Assembly may by law authorize ordinaries or judges of police courts of incorporated cities and municipalities in counties containing no city court, to issue warrants, try cases, and impose sentences in all misdemeanor cases involving traffic offenses and cases arising under the compulsory school attendance laws; provided, however, that the accused waives trial by jury.
Paragraph 2. Power to Abolish Courts. All courts not specially mentioned by name in Section 1 of this Article may be abolished in any county at the discretion of the General Assembly.

45 SECTION 13 VENUE AND JURY TRIAL Paragraph 1. Venue in Criminal Cases. All criminal cases shall be tried in the county where the crime was committed except in cases where the judge is satisfied that an impartial jury cannot be obtained in such county in which case venue <aay be changed in such manner as may be provided by law; provided, however, prosecutions involving capital felonies may be tried in any county where any act in furtherance of the criminal scheme or its concealment was done. Paragraph 2. Venue in Civil Cases. (a) Divorce cases shall be brought in the county where the defendant resides, if a resident of this State; if the defendant is not a resident of this State, or if his residence is unknown, then in the county in which the plaintiff resides; provided, that any person who has been a resident of any United States Army Post or military reservation within the State of Georgia for six months next preceding the filing of the petition may bring an action for divorce in any county adjacent to said post or reservation. (b) Cases respecting titles to land shall be tried in the county where the land lies, except where a single tract is divided by a county line, in which case the superior court of either county shall have jurisdiction. (c) Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed. All cases in which an injunction is sought to prevent the exercise of a power of sale contained in a security deed may be brought in any county in which any part of the real estate is located to which such power relates. (d) Suits against joint obligors, joint promissors, co-partners, or joint tort feasors, residing in different counties, may be tried in either county.

46 (e) Suits against the maker or endorser of proffiissory notes, or drawer, acceptor and endorser of foreign or inland bills of exchange, or like instruments, residing in different counties, shall be brought in the county where the maker or acceptor resides. (f) Suits against executors, administrators or guardians in their representative capacities, shall be tried in the county in which is located the court from which the letters are issued. (g) All other civil cases shall be tried in the county where the defendant resides. (h) In all civil cases where the judge is satisfied that an impartial jury cannot be obtained in the county of original venue, he may require a change of venue in such manner as may be provided by law. (i) Except in divorce cases, venue hereunder shall not relate to the jurisdiction of the court, but shall relate only to the jurisdiction of the person. (j} The General Assembly may provide for venue in cases involving nonresidents. Paragraph 3. Jury Trial. The right of trial by j9ry, except as otherwise provided in this Constitution, shall remain inviolate, but the General Assembly may prescribe any number, not less than five, to constitute a trial jury, except in the superior courts, where there shall be twelve unless otherwise agreed between the parties; the General Assembly may provide by law for alternate jurors. Trial by jury shall not be required where a case is in default or where no issuable defense is filed, except to the extent provided by law. The parties may waive a jury trial.

47
ARTI CLE4 EXECUTIVE BRANCH
SECTION 1 EXECUTIVE OFFICERS Paragraph 1. Elected Executive Officers; Terms of Office; Salaries. The elected executive officers of this State shall consist of the Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General who shall be ex-officio Insurance Commissioner, Treasurer, Commissioner of Agriculture, and Commissioner of Labor, each of whom shall hold office for a term of four years and until his successor shall be chosen artd qualified. Such officers shall receive for their services such salaries as the General Assembly may determine, which shall not be diminished during the period for which they shall have been elected. Such officers shall not receive, within that time, any other emolument from the United States, or any of the several states, or from any foreign power, and they shall not be allowed any fee, perquisite or compensation other than their salaries as prescribed by law except their necessary expenses when absent from the seat of government on business for the State. Paragraph 2. Qualifications of Elected Executive Officers. No person shall be eligible to hold the office of Governor or Lieutenant Governor unless he shall have been a citizen of the United States for fifteen years, and shall have resided in this State six years next preceding his election and shall be thirty years of age or older when elected. The Governor serving at the time of the adoption of this Constitution and future Governors shall not be eligible to succeed themselves and shall not be eligible to hold such office

48 until after the expiration of four years from the conclusion of his term of office. No person shall be eligible to hold the office of Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture and Commissioner of Labor, unless he shall have been a citizen of the United States for ten years, and shall have resided in this State six years next preceding his election, and shall be twenty-five years of age or older when elected. No person shall be elected or appointed Attorney General unless at the time of his election or appointment he shall have practiced law for seven years and shall be a member in good standing of the State Bar of Georgia.
Paragraph 3. Other Executive Officers. The General Assembly shall have power, not inconsistent with the provisions of this Constitution, to create other executive officers not provided for in this Constitution and prescribed each of such officers respective qualifications, duties, authority, term and method of appointment or selection.
Paragraph 4. Suspension of Officers. The General Assembly shall have the authority to provide by law for the suspension of any executive officer or department head from the discharge of the duties of his office, and also for the appointment of a suitable person to discharge the duties of same.
Paragraph 5. Unexpired Terms 2 Filling of: The General Assembly shall have power to provide by law for filling unexpired terms by special election except as provided in this Constitution.
Paragraph 6. Oath of Office. Each of the executive officers shall, before he enters on the duties of his office, take such oath or affirmation as may be prescribed by law.

49 SECTION 2 DUTIES AND POWERS OF GOVERNOR Paragraph 1. Executive Powers. The chief executive powers shall be vested in the Governor, ~nd the other executive officers shall have such powers not inconsistent with the powers of the Governor as the chief executive officer of the State as may be prescribed by law. Paragraph 2. Commander-in-Chief. The Governor shall be Commander-inChief of the defense and disaster forces of the Militia of the state. Paragraph 3. Suspension of Death Sentences. The Governor shall have power to suspend the execution of a sentence of death, after conviction, for offenses against the State, until the State Board of Pardons and Paroles shall have an opportunity of hearing the application of the convicted person for any relief within the power of such Board, or for any other purposes which may be deemed necessary by the Governor. Upon conviction of any person for treason the Governor may only suspend the execution of the sentence and report the case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution or grant a further reprieve. The Governor shall, at each session of the General Assembly, communicate to that body each case of suspension of sentence, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the reprieve or suspension, and the reason for granting the same. Paragraph 4. Law Enforcement. The Governor shall take care that the laws are faithfully executed, and shall be a conservator of the peace throughout the State. Paragraph 5. Writs of Election. The Governor shall issue writs of election to fill all vacancies that may occur in the Senate and the House of

50 Representatives, where such vacancy would cause a district or county to be without full representation in a session of the General Assembly.
Paragraph 6. Information and Recommendations to General Assembly. The Governor shall give the General Assembly, from time to time, information of the state of the Commonwealth, and recommend to their consideration such measures as he may deem necessary or expedient.
Paragraph 7. Extraordinary Sessions of the General Assembly. The Governor may convoke the General Assembly in extraordinary session whenever he deems it necessary, but no laws shall be enacted at any such extraordinary session except those which relate to the objects stated in his proclamation calling such session. It shall be mandatory upon the Governor to convoke the General Assembly in extraordinary session for all purposes whenever threefifths of the members elected to the House of Representatives and three-fifths of the members elected to the Senate certify to him that in their opinion an emergency exists in the affairs of the State. Should the Governor fail to do so within five days, Sundays excluded, after receipt of such certification, the General Assembly may convene itself in extraordinary session for all purposes as if convened in regular session. An extraordinary session convoked by the Governor shall not exceed seventy days in length and an extraordinary session convened by the General Assembly itself shall not exceed thirty days in length, unless at the expiration of either there shall be pending an impeachment trial, in which event the Senate shall be authorized to remain in session until such trial is completed.
Paragraph 8. Filling Vacancies. When any office shall become vacant, by death, resignation, or otherwise, the Governor shall have power to fill such vacancy, unless otherwise provided by law; and persons so appointed shall continue in office until a successor is commissioned. as provided by this Constitution or by law.

51 Paragraph 9. Bills and Resolutions. Governors Approval or Veto. (a) All bills and any resolution intended to have the effect of law, which have been passed by the General Assembly, shall be presented to the Governor. {b) The Governor may approve or veto any such bill or resolution within five days, excluding Sundays, after it has been presented to him unless the General Assembly shall adjourn before the expiration of said five days, in which event the Governor shall have thirty days, excluding Sundays, from the date of adjournment in which to approve or veto the same. In the event the Governor approves any such bill or resolution, the same shall become law on that day unless a different effective date is provided in such bill or resolution, in which event such bill or resolution shall become law on said effective date. In the event the Governor vetoes any such bill or resolution, the same shall not become law unless such veto is overridden by a vote of twothirds of the members elected to the House of Representatives and a vote of two-thirds of the members elected to the Senate. (c) Whenever any such bill or resolution is vetoed by the Governor, it shall be his duty to transmit the same to the presiding officer of the house in which it originated together with his reasons for such veto. If the General Assembly is in session at the time, such transmission shall be made within six days, excluding Saturdays and Sundays, from the date of presentation to the Governor. Upon being received by the presiding officer of such house, and upon a motion being adopted before adjournment, such bill or resolution shall be considered immediately for the purpose of overriding the veto. In the event the General Assembly shall have adjourned within such time, such transntission shall be utade within thirty-five days, excluding Sundays, from the date of the adjournment of the session of the General

52 Assembly at which such bill or resolution was passed. Upon a motion being adopted by such house within ten days after the convening of the next regular session of the General Assembly, such bill or resolution shall be considered immediately for the purpose of overriding the veto. In the event such house votes to override the veto, the bill or resolution shall be immediately transmitted to the other house. Upon receiving such bill or resolution, it shall be the duty of the presiding officer of such other house to immediately dispense with all business and such house shall immediately consider such bill or resolution for the purpose of overriding the veto. In the event such veto is overridden by such house, such bill or resolution shall become law on that day and shall become effective on the same day or on the effective date provided in the bill or resolution, whichever date is later in the point of time. If either house fails to override the Governor's veto, any such bill or resolution shall not again be taken up for the purpose of overriding such veto.
(d) If any such bill or resolution is not approved or vetoed by the Governor within five days, excluding Sundays, after it has been presented to him, the same shall become law unless the General Assembly adjourns within said five days, in which event the Governor shall have thirty days, excluding Sundays, after the date of adjournment to approve or veto such bill or resolution, and if not approved or vetoed within said thirty days, the same shall become law.
(e) The Governor may approve any appropriation and veto any other appropriation in the same bill and the latter shall not become law unless such veto is overridden as provided herein.
(f) The Governor shall not have the power to veto any proposal by the General Assembly to amend this Consitution.

53 Paragraph 10. Information from Officers and Employees. The Governor may require information in writing from constitutional officers, department heads, and all State employees, on any subject relating to the duties of their respective offices or employment.
SECTION 3 POWERS AND DUTIES OF LIEUTENANT GOVERNOR Paragraph 1. President of Senate. The Lieutenant Governor shall be President of the Senate, and shall have such other duties as prescribed by this Constitution or by law. Paragraph 2. Exercise of Executive Powers. In case of death, resignation or removal from office of the Governor, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor until the next general election, at which a successor to the Governor shall be elected for the unexpired term; but if such death, resignation or removal from office shall occur within thirty days of the next general election, or if the term will expire within ninety days after the next general election, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor for the unexpired term. In case of the disability of the Governor, the Lieutenant Governor shall exercise the executive power until the removal of such disability. Paragraph 3. Resignation if Candidate for Governor. If the Lieutenant Governor shall become a candidate for the unexpired term of the Governor, he shall thereby resign his office as Lieutenant Governor, effective upon the qualification of the Governor elected for the unexpired term, and his successor for the unexpired term shall be elected at such election.

54 SECTION 4 EXERCISE OF EXECUTIVE POWERS BY PERSONS OTHER THAN THE GOVERNOR OR LIEUTENANT GOVERNOR Paragraph 1. Exercise of Executive Powers by Speaker of the House of Representatives. In case of the death, resignation or removal from office of both the Governor and the Lieutenant Governor, the Speaker of the House of Representatives shall exercise the executive power until the election and qualification of a Governor at a special election, which shall be held within sixty days from the date on which the Speaker of the House of Representatives shall assume the executive power. In case of disability of both the Governor and Lieutenant Governor, the Speaker of the House of Representatives shall exercise the executive powers until the disability of one of them is removed. Paragraph 2. Exercise of Executive Powers by Others. The General Assembly shall provide by law for the devolution of the executive power in the event of the death,resignation, removal from office or disability of the Governor, Lieutenant Governor and Speaker of the House of Representatives. In case of disability of the Governor, Lieutenant Governor and Speaker of the House of Representatives, the person upon whom the executive power shall have devolved shall exercise such powers until the disability of one of them ceases. In case of the death, resignation or removal from office of the Governor, Lieutenant Governor and Speaker of the House of Representatives, such person shall exercise the executive powers only until the election and qualification of a Governor in the manner prescribed by this Constitution.

55
SECTION 5 DUTIES AND POWERS OF OTHER ELECTED
EXECUTIVE OFFICERS Paragraph 1. Duties and Powers of Other Elected Executive Officers. The Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture and Commissioner of Labor shall be commissioned by the Governor and hold their offices for the same term as the Governor. The General Assembly shall prescribe the respective duties and authorities of each of such officers, and shall provide for necessary expenses for the operation of the department of each. All of said officers shall give bond and security, under regulations to be prescribed by law, for the faithful discharge of their duties. It shall be the duty of the Attorney General to act as the chief law officer of the State and the chief legal advisor to the Governor and executive officers, and to represent the State in all civil and criminal cases in any court when required by the Governor or when the State has an interest in such a case, and to perform such other services as may be required of him by law. Paragraph 2. Great Seal. The Great Seal of the State shall be deposited in the office of the Secretary of State and shall not be affixed to any instrument of writing except by order of the Governor or General Assembly, and that now in use shall be the Great Seal of the State until otherwise provided by law.

56 SECTION 6 SOLICITORS GENERAL Paragraph 1. Number; Term of Office; Vacancies. There shall be a solicitor general for each judicial circuit, whose term of office shall be six years and until his successor is qualified. Solicitors general shall be elected by the electors of their respective circuits at the general election held next preceding the expiration of their respective terms. Every vacancy occasioned by death, resignation or other cause shall be filled by appointment of the Governor until the first day of January after the general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected. Paragraph 2. Duties. It shall be the duty of the solicitor general to represent the State in all criminal cases in the superior courts of his circuit and in all criminal cases taken up from the superior courts of his circuit to the Supreme Court and Court of Appeals and to perform such other services as shall be required of him by law. No solicitor general shall represent any private party in any proceeding in which the State or any political subdivision thereof is an adverse party. Paragraph 3. Salaries of Solicitors. Solicitors general shall receive from the State Treasury such compensation as may be fixed by law. The General Assembly may by law authorize any county to supplement the compensation of the solicitor from funds of the county or counties comprising the circuit of such solicitor. Paragraph 4. Fees of Solicitors General. The General Assembly may, without regard to uniformity, abolish the fees accruing to the office of solicitor general and in lieu thereof place such solicitor on a salary basis, and may prohibit solicitors general from engaging in the private practice of law.

57 Paragraph 5. Qualifications of Solicitors General. No person shall be hereafter elected or appointed solicitor general unless at the time of his election or appointment he shall have attained twenty-five years of age, shall have been a citizen of the State and a resident of the territory comprising the circuit wherein he is elected or appointed for the three years next preceding his election or appointment and shall have practiced law for five years preceding his election or appointment, and shall be a member in good standing of the State Bar of Georgia.

SECTION 7

ELECTIONS

Paragraph 1. Election of Executive Officers.

The first election for

Governor, Lieutenant Governor, Secretary of State, Attorney General, State

School Superintendent, Comptroller General, Treasurer, Commissioner of Agri-

culture and Commissioner of Labor, under this Constitution, shall be held on

Tuesday after the first Monday in November, t966, and they shall be installed

in office at the next session of the General Assembly. An election shall take

place quadrennially thereafter, on said day, until another day be fixed by the

General Assembly. Said election shall be held at the places of holding

general elections in the several counties of this State, in the manner prescribed

for the election of members of the General Assembly, and the electors shall be

the same.

Paragraph 2. Returns of Elections. The returns for every election of said

officers shall be sealed up by the managers, separately from other returns, and

directed to the President of the Senate and Speaker of the House of Represents-

tives, and transmitted to such person or authority as provided by law, who

58 shall, without opening said returns, cause the same to be laid before the Senate on the day after the two houses shall have been organized, and they shall be transmitted by the Senate to the House of Representatives.
Paragraph 3. How Returns Published. The members of each house of the General Assembly shall convene in the Representative Hall, and the President of the Senate and Speaker of the House of Representatives shall open and publish the returns in the presence and under the direction of the General Assembly; and the person having the majority of the whole number of votes, shall be declared duly elected to each of said offices; but if the person having received a majority of the whole number of votes shall not be in life, the incumbent officer shall continue to serve until an election can be held in the manner prescribed by the General Assembly; but, if no person shall have such majority, then from the two persons having the highest number of votes, who shall be in life and shall not decline an election at the time appointed for the General Assembly to elect, the General Assembly shall immediately elect such officer by a roll call vote; and in all cases of election of any such officer by the General Assembly, a majority of the members shall be necessary to a choice.
Paragraph 4. Contested Elections. Contested elections shall be determined by both houses of the General Assembly in such manner as shall be prescribed by law.
SECTION 8 CONSTITUTIONAL BOARDS AND COMMISSIONS Paragraph 1. Continuation of Existing Boards and Commissions. All Constitutional Boards and Commissions heretofore created are hereby continued upon the adoption of this Constitution and the members of said Boards and

59 Commissions shall consist of those in office at the time of the adoption of this Constitution and said members shall serve for the terms heretofore appointed. Appointments for full terms and to fill vacancies on all such Boards and Commissions, except the Public Service Commission and the State Highway Board, shall be made by the Governor and confirmed by the Senate. Appointments to fill vacancies shall be made for the unexpired term. Any appointment made while the Senate is in regular session shall be presented to the Senate for confirmation during such session. Any appointment made while the Senate is not in regular session shall be presented to the next regular session of the Senate for confirmation.
Paragraph 2. The State Board of Pardons and Paroles. The State Board of Pardons and Paroles shall be vested with and shall exercise all of the powers of executive clemency, except as otherwise provided in this Constitution. The State Board of Pardons and Paroles shall be composed of three members who shall serve for terms of seven years, dating from the expiration of the previous terms of its members. The Governor shall not be a member of the State Board of Pardons and Paroles nor shall he participate in the decisions of said Board except if any member for any cause is unable to serve in any case involving capital punishment or if two of the members are divided in any case involving the disqualification or disability of the third member, the Governor in such case shall act as a member of said Board. All cases involving capital punishment shall be acted upon by the full Board and each member constituting said Board shall pass upon the same and shall execute as a permanent part of the record of said case a written statement in support of or in explanation of the members' decision. The said State Board of Pardons and Paroles is hereby vested with the power to grant reprieves, pardons, paroles, commutation of sentences, commutation of penalties, removal of disabilities imposed

60 by law and the remission of all or any portion of a sentence for any offense against the State, after conviction, except in cases of treason or impeachment, and its members, acting in an ex-officio capacity, shall compose the State Board of Probation which Board shall administer the Statewide Probation System. In addition, the said State Board of Pardons and Paroles shall have all the other rights, powers, duties and responsibilities heretofore conferred upon it existent at the time of the adoption of this Constitution, together with such additional powers and duties as may be prescribed by law. The compensation of members of the State Board of Pardons and Paroles and the State Board of Probation shall be that provided at the time of the adoption of this Constitution or as hereafter provided by law. The Board shall promulgate and publish such rules and regulations and policies necessary to carry out the objects of this paragraph and to give effect to legislation adopted pursuant to it. In all cases the majority vote of its members shall decide the action of the Board. The State Board of Pardons and Paroles shall, upon the convening of the General Assembly in odd-numbered years, transmit to the Lieutenant Governor and to the Speaker of the House of Representatives, and to each member of the Senate and the House of Representatives a full report covering the activities of the State Board of Pardons and Paroles and the State Board of Probation for the previous biennium.
Paragraph 3. Public Service Commission. The Public Service Commission shall be responsible for the regulation of utilities and transportation and shall be vested with the jurisdiction, powers and duties now provided by law or that may hereafter be prescribed by the General Assembly not inconsistent with other provisions of this Constitution. The Public Service Commission shall consist of five members who shall be elected by the people. Members of the Public Service Commission shall, upon the adoption of this

61 Constitution, consist of those in office at the time with the terms provided. Thereafter, all succeeding terms of members shall be for six years, dating from the expiration of the previous terms of its members. A chairman shall be selected by the members of the Commission from its membership. The qualifications, compensations, filling of vacancies, manner and time of election, powers and duties of the members of the Commission, including the chairman, shall be such as are now or may hereafter be provided by act of the General Assembly.
Paragraph 4. State Personnel Board. The State Personnel Board shall administer a State Merit System under which the State personnel shall be selected on a basis of merit, fitness and efficiency, according to law. The State Personnel Board shall be composed of three members who shall serve for terms of seven years, dating from the expiration of the previous terms of its members. No State official or employee shall be a member of the State Personnel Board.
Paragraph 5. Department of Industry and Trade. The Department of Industry and Trade shall consist of a Board of Commissioners to be composed of two members from each Congressional District in the State but no two from the same county, except where a Congressional District is contained within a county. The members of the Board shall serve for terms of six years, dating from the expiration of the previous terms of its members. The Board shall be the policy determining body of the Department and shall have such duties, powers, authority and jurisdiction relating to the Department as shall be provided by law. The Board shall appoint a Director who shall be the executive officer and administrative head of the Department.

62
Paragraph 6. State Highway Board. The State Highway Board shall be composed of as many members as there are Congressional Districts in the State. The member of the Board from each Congressional District shall be elected by a majority vote of the members of the House of Representatives and Senate from the counties and Senatorial Districts embraced or partly embraced within such Congressional District, meeting in caucus. All members shall be elected for terms of five years each and until their successors are duly elected and qualified. Nothing herein shall affect the terms of office of members of the State Highway Board now in office, and such members shall serve out the remainder of their respective terms and until their successors are duly elected and qualified as hereunder provided. The successors to such members, as their respective terms expire, shall be elected by the General Assembly as provided herein and pursuant to the provisions of law. The Board shall elect a Director of the State Highway Department who shall be the Chief Executive Officer of the State Highway Department, except that the Director of the State Highway Department in office at the time of approval hereof shall not be affected, and such Director shall serve out the remainder of his term as now provided by law. The General Assembly shall define by law the powers, duties, qualifications, and compensation of the Board and of the Director, and shall by law prescribe the manner, time and procedure for the election of members of the Board, and the manner of filling vacancies therein.
Paragraph 7. State Board of Corrections. The State Board of Corrections shall be vested with the administration of the State Penal System. The State Board of Corrections shall be composed of five members who shall serve for terms of five years, dating from the expiration of the previous terms of its members. The Board shall have such jurisdiction, powers, duties and control of the State Penal System and the inmates thereof as shall be provided by law.

63 The Board shall elect a Director of Corrections who shall be the executive officer of the Board. The compensation of the Director and the members of the Board shall be fixed by law.
Paragraph 8. State Department of Veterans Service. The State Department of Veterans Service and Veterans Service Board shail have such control, duties, powers and jurisdiction of the State Department of Veterans Service as shall be provided by law. The Veterans Service Board shall be composed of seven members who shall serve for terms of seven years, dating from the expiration of the previous terms of its members. Said Board shall appoint a Director who shall be the executive officer of the Department. All members of the Board and the Director shall be veterans of some war in which the United States has engaged.
Paragraph 9. Game and Fish Commission. The State Game and Fish Commission shall be composed of one member from each Congressional District in this State, and one additional member from one of the following named counties, to-wit: Chatham, Bryan, Liberty, Mcintosh, Glynn, or Camden. The members of the Commission shall serve for terms of seven years, dating from the expiration of the previous terms of its members. The Commission shall have such powers, authority, duties and shall receive such compensation and expenses as may be provided for by law.

64
ART I CLE 5
PUBLIC FINANCE SECTION 1 TAXATION
Paragraph 1. Taxing Power. (a) The power of taxation shall remain at all times under the control of the General Assembly. All tax exemptions, exclusions, deductions, credits or other tax benefits shall always remain matters of grace, and neither the General Assembly, any department or official, any division of government, nor government at any level shall have any authority in any manner, to surrender, suspend or otherwise limit the exercise of such power irrevocably. (b) The power of taxation shall be exercised solely for public purposes and by general laws or ordinances applicable uniformly upon the same class of subjects throughout the territorial limits of the government authorized to levy the tax except as otherwise provided in this Constitution; provided, however, a county may limit any license fee or occupational tax to businesses located in the unincorporated area thereof. Paragraph 2. Classification and Uniformity. (a) Classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal property including money. The General Assembly shall have the power to classify intangible personal property including money for taxation, and to adopt different rates and different methods of different classes of such property. Notwithstanding anything to the contrary contained in this Constitution, the General Assembly may treat any and all motor vehicles including trailers, as a separate class of tangible property for property tax purposes, and to

65 adopt different rates, methods or assessment dates for the taxation of such property, and to enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of taxes on said motor vehicles.
(b) However, the General Assembly may provide for a different method and time of returns, assessments, payment and collection of ad valorem taxes applicable to public utilities, but the property of public utilities shall not be taxed at a greater basis of value or at a higher rate of taxation than other properties.
Paragraph 3. Exemptions from Taxation. (a) The General Assembly may exempt any of the following property from taxation under such definitions, conditions, and limitations as it may prescribe; all laws exampting property from taxation, other than the property herein enumerated, shall be void. (1) Property owned by the United States of America, the State of Georgia, any State of the United States, any foreign state, or any governmental division or instrumentality thereof. (2) Property owned by a non-profit organization established for religious purposes and used exclusively for activities of religious worship, training or instruction and activities reasonably necessary and incidental thereto; including property used for residential purposes from which no income is derived and church cemeteries. (3) Property owned by a non-profit organization established for charitable purposes and used exclusively in operating an institution of purely public charity and activities reasonably necessary and incidental thereto.

66 (4) Property owned by a non-profit organization established for educational purposes and used exclusively in operating a school, academy, seminary, college or other institution of learning and activities reasonably necessary and incidental thereto. (5) Property owned by a non-profit organization established for literary, historic, artistic, scientific or educational purposes and used exclusively in operating a library, museum, art gallery, or facilities for the performance of operas, ballets, or other performing arts, or other similar institution and activities reasonably necessary and incidental thereto, provided such property is not held as merchandise or for purposes of sale or gain. (6) Property publicly identified as a cemetery or mausoleum and used exclusively for the burial of human remains and not held for the purpose of sale or lease. (7) Property owned by or irrevocably held in trust for the exclusive benefit of any of the aforesaid non-profit organizations held as endowment, except tangible property which is rented or otherwise used regularly for the primary purpose of producing income therefrom. (8) Farm products grown in this State remaining in the hands of the producer but only for the year next after their production. (9) Intangible property owned by a trust forming a part of a pension, profit sharing or stock bonus plan established by an employer for the exclusive benefit of his employees. (10) Personal clothing and effects, household furniture, furnishings, equipment and other personal property used within the home, and not held for sale, rental or other commercial use, and tools and implements of trade of manual laborers, except that no exemption is authorized hereunder for motor vehicles.

67 (11) The stock of a corporation which is organized or domesticated under the l~ws of Georgia; the bonds and other evidences of indebtedness issued by the United States of America, the State of Georgia, any State of the United States or any governmental division or instrumentality thereof. (b) The General Assembly may provide relief from any multiple taxation to which intangible property may be subject by reason of its having acquired a taxable situs in more than one taxing jurisdiction. (c) There shall be exempt from all ad valorem intangible taxes in this State, the common voting stock of a subsidiary corporation not doing business in this State, if at least ninety per cent of such common voting stock is owned by a Georgia corporation with its principal place of business located in this State and was acquired or is held for the purpose of enabling the parent company to carry on some part of its established line of business through such subsidiary. (d) Each disabled veteran who is a citizen and resident of Georgia, is hereby granted an exemption of $10,000 from all ad valorem taxation for State, county, municipal and school purposes on his homestead which he owns and actually occupies as a residence. The value of all property in excess of the exempted amount shall remain subject to taxation. The term "disabled veteran," as used herein, means a disabled American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who is disabled, as a result of such service in the armed forces, by paraplegia or permanent paralysis of both legs and lower parts of the body resulting from traumatic injury to the spinal cord or brain, or multiple sclerosis, or by total blindness, or by the amputation of both legs or both arms.

68

(e) In an amount not to exceed $2,000 of its value, the homestead

I

owned by a person who is a resident of this State, actually occupied by

I

him primarily as his residence and only so long as so occupied, is hereby

exempted from all property taxation for State, county and county school

purposes, except to pay interest on and to retire bonded indebtedness. The

General Assembly, from time to time, may lower the amount of this exemption

to not less than $1250. An exemption hereunder must be claimed in the

manner prescribed by the General Assembly, and the General Assembly may

further define the homestead entitled to exemption hereunder except that

a homestead as contemplated hereunder shall remain limited to a claimant's

actual dwelling, structures incidental thereto, and the land to which same

is attached not in excess of five acres.

Paragraph 4. Local Taxation. The General Assembly may authorize any

county, or municipal corporation or other political subdivision to exercise

the power of taxation for any public purpose as authorized by law or by

this Constitution, and unless otherwise provided by this Constitution or

by law no levy need state the particular purposes for which the same was

made nor shall any taxes collected be allocated for any particular purpose,

unless expressly so provided by the General Assembly or this Constitution.

SECTION 2 PUBLIC FUNDS Paragraph 1. (a) State Aid Forbidden. The credit of the State shall not be pledged or loaned to any individual, company, corporation or association and the State shall not become a joint owner or stockholder in or with, any individual, company, association or corporation except as may be otherwise expressly authorized in this Constitution.

69 (b) Aid to Churches, Sects Forbidden. Public funds shall not be used, directly or indirectly, in aid of any church, sect, denomination or religionists, or any sectarian institution. Paragraph 2. Taxing Power and Contributions of Counties. Municipal Corporations and Political Subdivisions Restricted. Except as may be otherwise expressly permitted by this Constitution;the General Assembly shall not authorize any county, municipal corporation or political subdivision of this State, through taxation, contribution or otherwise, to become a stockholder in any company, corporation or association, or to appropriate money for or to lend its credit to any corporation, company, association, institution or individual except for purely charitable purposes. This restriction shall not operate to prevent the support of schools by municipal corporations within their respective limits. Paragraph 3. Donations and Gratuities. Neither the General Assembly nor any municipal corporation, public corporation, or political subdivision, shall grant or authorize the granting of any donation or gratuity in favor of any person, corporation or association, nor grant or authorize extra compensation to any public officer, agent, or contractor, after the service has been rendered or the contract entered into, except that the General Assembly may authorize the grant of scholarship aid or educational loans in furtherance of health, education and welfare programs; provided, however, the General
/
Assembly is authorized to provide by law for the payment of $250,000 to the first person, firm or corporation, or combination thereof, which puts down and brings in the first commercial oil well in this State upon such terms and conditions as it may prescribe.

70 Paragraph 4. Profit on Public Money. It shall be unlawful for any public officer or employee, including any member or officer of the General Assembly, directly or indirectly, to receive any interest, profit or perquisite from the use, loan or disposition of public funds. The General Assembly shall provide appropriate penalities therefor, including disqualification from holding public office or employment. Paragraph 5. State Monies to General Fund. Sale of Certain State Properties, Use of Proceeds. (A) All money collected from taxes, fees and assessments for State purposes under laws enacted by the General Assembly shall be paid into the general fund of the State Treasury to be appropriated therefrom solely in the manner required by this Constitution and to be expended solely for the purposes authorized by this Constitution. (b) The State may not sell any real property except to an Authority which is an instrumentality of the State unless such sale is authorized by the General Assembly. In the event any such sale is authorized the net proceeds therefrom shall be used for capital outlay purposes only, which shall include the payment of any obligation of the State or any obligation unconditionally guaranteed by the State, or the payment of any obligation of any Authority or public corporation the payment of which is secured by a contract with the State or any department or agency thereof. Paragraph 6. Expenditure of State Funds. Funds paid into the General Fund of the State Treasury may be expended for the following public purpose and such others as may be authorized by the General Assembly: (1) To suppress insurrection, to repel invasion, and defend the State in time of war. (2) To support the departments, agencies, institutions and administration of government.

71 (3) To support public schools, public education and the activities necessary and incidental thereto, as determined by the General Assembly. (4) To pay the principal and the interest on any authorized debt contracted by the State and to provide a sinking fund therefor. (5) To construct and improve state-owned buildings and properties, and to construct, maintain, or aid in the construction or maintenance of, such systems of publicly-owned highways, bridges, airports, docks; and transportation of passengers for hire as the General Assembly may consider necessary for the public interest. (6) To provide for such programs of public health and welfare as authorized by law. (7) To advertise and promote the agricultural, industrial, historic, recreational and natural resources of the State. (8) To provide scholarship aid or educational loans as an incident of public health, education, and welfare programs authorized by the General Assembly. (9) To provide insurance and retirement benefits, compensatory in nature, for public officers and employees and public school teachers and personnel, their dependents and survivors, and to make such employercontributions under Federal old-age and social security programs as may be necessary or desirable to provide coverage and participation therein by the aforesaid employees, their dependents and survivors, as may be authorized by law. (10) To make grants to municipal corporations and counties for general or special purposes, as may be authorized by law. Paragraph 7. Expenditure of Funds Raised by Local Taxation. Funds raised by taxation by any county or municipal corporation or any other local unit

72 of government authorized to levy taxes may be expended for any public purpose authorized by this Constitution and such other public purposes as may be authorized by the General Assembly.
Paragraph 8. Promotion, Development and Regulation of Agricultural Products. The General Assembly may provide for, and delegate its powers with respect to, the promotion, development and regulation of the production, marketing, sale, use, quality, quantity, utilization, processing and improvement of the agricultural products, livestock and livestock products, poult~y and poultry products, timber and timber products, sea food and sea food products, and the products of the farms, fields, gardens, orchards and forests of this State. The General Assembly may provide for the promotion, development and regulation thereof individually, collectively or in any combination thereof. The General Assembly may provide a means of financing any program of promotion, development and regulation by imposing assessments, fees or other charges upon the sale or processing of the affected products, may authorize the acceptance of gifts and donations, and may provide for the disposition of any funds arising under any such program without the necessity of such funds being placed in the State Treasury or being appropriated by the General Assembly. The General Assembly may provide for the supervision of any such program by the Department of Agriculture. The General Assembly may create instrumentalities, public corporations, authorities and commissions to administer such programs. The uniformity requirement of this Constitution shall be satisfied by the application of the program upon the affected products.

73
SECTION 3 PUBLIC DEBT Paragraph 1. State Debt. (a) Purposes for which created. No debt shall be contracted by, or on behalf of the State, except: contracts by the State, or any department or agency of the State, the execution of which is authorized in Paragraph 3 of this Section; loans made to supply such temporary deficit as may exist in the treasury in any year; and debts incurred to repel invasion, suppress insurrection and defend the State in time of war, or to pay the existing public debt. No loan made to supply a temporary deficit may be made when there is a loan then unpaid which was made in a prior fiscal year for that purpose. The State is hereby authorized to guarantee payment unconditionally of any obligation hereafter issued by any authority or public corporation activated prior to January 1, 1961, the payment of which is secured by any contract with the State, or any department, or agency of the State, the execution of which is authorized in this Constitution; and to guarantee payment unconditionally of student loans for higher education under programs authorized by the General Assembly. (b) State Sinking Funds. In the event the State shall incur any bonded indebtedness under the provisions of this Constitution, the General Assembly, at or before the time of so doing, shall provide for the assessment and collection annually of a tax sufficient in amount to pay the principal of and the interest on said indebtedness within thirty years from the date of incurring such indebtedness. All amounts collected from any source for the purpose of paying said indebtedness shall be placed in a sinking fund separate and apart from other funds of the State and shall be held and used

74
solely for the purpose of paying said indebtedness. Moneys in the sinking fund may be invested and reinvested in obligations of the United States of America or obligations the payment of which is unconditionally guaranteed by the United States of America.
(c) Assumption of Debts Forbidden. The State shall not assume the debt, nor any part thereof of any county, municipal corporation or political subdivision of this State unless such debt be contracted to enable the State to repel invasion, suppress insurrection or defend itself in time of war.
Paragraph 2. Local Debt. (a) Debts of Counties. Municipalities and School Districts. The debt of any county, municipal corporation, county school district, area school district, or other political subdivisions, except for contracts authorized in Paragraph 3 hereof, and as in this Constitution otherwise provided for, shall never exceed seven per centum in the case of any county, municipal corporation or other political subdivision and ten per centum in the case of county school districts or area school districts of the assessed value of all the taxable property therein, and no such county, municipal corporation, county school district or area school district or other political subdivision shall incur any new debt including the the additional debt authorized in subparagraph (b) of this Paragraph, except for a temporary loan as provided for in this Constitution and except for debts created for the purpose of paying, in whole or in part, the cost of property valuation and equalization programs for ad valorem tax purposes, without the assent of a majority of the qualified voters thereof voting in an election for that purpose held as prescribed by law. Registration of voters for any such election shall be as provided for general elections and the General Assembly shall have no power to provide any form of special registration of voters for any such

75 election. In computing the applicable percentage limitation the amount of any money in a sinking fund irrevocably pledged to the payment thereof may be deducted from outstanding indebtedness.
Any county, municipal corporation, county school district, area school district or other political subdivision may accept and use funds provided by the Federal Government, or any agency thereof to aid in financing the cost of studies, plans, surveys and investigations and other action preliminary to the construction of public works, and where the funds so used are to be repaid within a period of ten years such an agreement shall not be considered a debt within the limitation set forth in the preceding paragraph.
Debts created for property valuation and equalization programs shall not be included in the limitations established in the preceding provision of this paragraph and debt created for such purposes may be incurred without an election but the same must be repaid in equal annual installments within not more than seven years from the date of its creation and the interest payable thereon shall not exceed five per centum per annum; provided, however, no such debt may be incurred until such program and all contracts to be entered into in connection therewith shall have been approved by the State Revenue Commissioner and an agreement shall have been entered into with such Commissioner that such program shall be carried out in accordance with such Commissioner's rules and regulations.
(b) Additional Debt Authorized. In addition to the debt permitted up to the limits imposed by subparagraph (a) of this paragraph, a debt may be incurred by any county, municipal corporation, county school district, area school district or other political subdivision up to an additional

76 three per centum in the aggregate of the assessed value of all the taxable property therein, provided that such additional debt in each instance shall be repaid in equal annual installments within not more than five years after such debt was incurred. Any such additional indebtedness shall have first been authorized in an election as provided in subparagraph (a) of this paragraph.
(c) Refunding Bonds. Any county, municipal corporation, county school district, area school district or other political subdivision shall have the right to issue bonds without an election to refund any outstanding bonded indebtedness provided that the issuance of such refunding bonds is solely to refinance an existing indebtedness for the purpose of curing or preventing a default or the issuance of the refunding bonds will reduce the total combined principal and interest payable on such outstanding bonds. The total principal amount of such refunding bonds shall not exceed the total principal amount of the bonds being refunded.
(d) Sinking Funds for Bonds. All amounts collected from any source for the purpose of paying the principal of or the interest on any bonded indebtedness of any county, municipal corporation, county school district, area school district or other political subdivision shall be placed in a sinking fund separate and apart from all other moneys of such county, municipal corporation, county school district, area school district or other political subdivision and shall be used solely for the purpose of paying such indebtedness.
(e) Sinking Fund Investments. The moneys in any such sinking fund shall be invested and reinvested by or at the direction of the governing authorities of such county, municipal corporation, county school district,

77 area school district or other political subdiviion in obligations of, or unconditionally guaranteed by, the United States Government; in obligations of the State of Georgia; in obligations of any Authority or public corporation the payment of which is unconditionally guaranteed by the State of Georgia, or the payment of which is secured by a contract the execution of which is authorized by this Constitution with the State, or any department or agency of the State; and in direct general obligation bonds, which have been validated as provided by law, or any county, municipal corporation, county school district, area school district or other political subdivision of this State.
(f) Temporary Loans. In addition to the other indebtedness permitted by this Constitution, any county, municipal corporation, county school district, area school district or other political subdivision is hereby authorized to make temporary loans between January 1st and December 31st in each year to pay expenses for such year and may issue promissory notes or tax anticipation certificates to evidence any such indebtedness and taxes anticipated to be collected may be pledged and incumbered and a lien created thereon as security for the payment of such tax anticipation certificates provided that the aggregate of all such indebtedness outstanding shall not exceed seventy-five per centum of the total gross income received by such county, municipal corporation, county school district, area school district or political subdivision from taxes collected or received in the last preceding year and all such indebtedness shall be payable on or before December 31st of the calendar year in which such loan is made. No election shall be required to authorize any such indebtedness and the same shall not be considered in determining any debt limitation provided for in this Constitution. No such temporary loan may be made in any year when there is a temporary loan

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then unpaid which was made in a prior year. No such county, municipal corporation, county school district, area school district or political subdivision shall incur in any one year an aggregate of such temporary loans and other contracts or obligations for current expenses in excess of the total anticipated revenue for such calendar year.
(g) Levy of Taxes to Pay Indebtedness. Any county, municipal corporation or other political subdivision which shall incur any indebtedness, including indebtedness incurred for property valuation and equalization programs, shall, at or before the time of so doing, provide for the assessment and collection of an annual tax sufficient in amount to pay the principal of and the interest on said indebtedness within thirty years from the date the same was incurred or such shorter period as may be specified in this Constitution for the repayment of a particular class of indebtedness, and shall have the right to levy ad valorem taxes without limitation as to rate or amount and shall be required to levy taxes to the extent neeessary for such purpose. Any such taxes shall be in addition to and separate and apart from any other taxes levied or imposed for other than debt retirement and may be used only for the purpose for which the same were levied.
(h) Revenue Obligations. Any county, municipal corporation, public corporation, authority or political subdivision may issue revenue obligations to provide funds to pay the cost, in whole or in part, of acquiring, constructing, extending or improving any public property or facility, including roads, tunnels, bridges, airports, harbor facilities, water, sewerage and garbage collection, treatment and disposal systems, gas and electric systems (including dams, reservoirs, generating stations and the like), recreational, amusement, educational and exhibition facilities, beach erosion protection systems, public parking buildings and facilities (including

79 parking meters) public facilities for the transportation of passengers for hire and for such other kinds of public property and facilities as may be authorized by the General Assembly. Such obligations shall be payable, as to principal and interest, solely from revenues produced from public property or facilities and pledged to the payment thereof and shall not be deemed to be debts of, or to create debts against, the issuer within the meaning of any provision of this Constitution and any revenues other than taxes may be pledged to the payment of such obligations though such revenues are to be received from property other than that being acquired, constructed or improved; provided, however, before any such obligations may be issued for the purpose of buying, constructing, extending, improving, equipping, operating or maintaining gas or electric generating and distribution systems the same shall first be authorized by a majority of those voting at an election held for that purpose in the county, municipal corporation or political subdivision affected, and provided further that a majority of the registered voters thereof shall vote in said election. Such election shall be held in the same manner as elections to authorize the incurring of indebtedness as provided in subparagraph (a) of this paragraph; but no election shall be required to authorize the issuance of any obligations the proceeds of which shall be used solely for the purpose of refunding outstanding obligations.
No issuer shall exercise the power of taxation for the purpose of paying the principal of or the interest on any such obligations.
(i) Notwithstanding any other provision of this Constitution, the General Assembly may authorize the issuance of revenue obligations by counties, municipal corporations, political subdivisions or authorities or public corporations enabled or created by it to finance the cost of land, buildings,

80 facilities, machinery or equipment to be sold to or leased by private businesse~ in the establishment of a new plant or in the expansion of an existing facility, and the General Assembly may further authorize the levy of taxes by any such county, municipal corporation or political subdivision for industrial development purposes as may be defined by law except for the repayment of any obligation incurred by any such county, municipal corporation, political subdivision, authority or public corporation contracting therewith, for industrial development purposes, provided such levy shall not exceed two mills annually.
Paragraph 3. Intergovernmental Contracts. (a) The State or any department or agency thereof, any county, municipal corporation, political subdivision, public agency, public corporation or authority now or hereafter created may contract for any period, not exceeding fifty years, with each other for the use by any of the aforesaid or the residents thereof of any facilities owned or to be acquired or any services to be rendered by any of the aforesaid and may contract for such period with the United States Government or any department or agency thereof. Such contracts to be lawful, must deal with such activities and transactions as the aforesaid are by law authorized to undertake; but such contracts shall not be rendered unlawful by virtue of the fact that a partial or complete delegation of authority is involved. Any such contracting party having the power to levy taxes may provide for the payment of its obligations incurred by virtue of such contract by levying taxes to the extent necessary for that purpose or by applying taxes or revenues derived from any other source. (b) Any party to any contract authorized by the preceding paragraph is empowered to convey to any other party to such contract real and personal

81 property, provided the property so conveyed is to be maintained and operated for the same purpose for which the contract was executed and is not to be mortgaged or pledged but the revenues to be derived therefrom may be pledged.
(c) Any county, municipal corporation or political subdivision may contract with any public agency, public corporation or authority for the care, treatment, maintenance and hospitalization for its indigent and obligate itself to pay for the cost of acquiring, constructing, modernization or repairing of buildings and facilities necessary to render the aforesaid services to its indigent and other persons desiring similar services and in addition to pay the cost of operating and maintaining such buildings and facilities and the cost of rendering of such services to its indigent and may pay the cost of the obligation so assumed by levying taxes to the extent necessary for that purpose or applying taxes or revenues derived from any other source.

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ART I CLE 6 EDUCATION SECTION 1
PUBLIC EDUCATION Paragraph 1. Public Education; Support by Public Funds. An adequate common school education for its citizens shall be a primary obligation of the State of Georgia and its political subdivisions, the expense of which shall be borne out of public funds. The General Assembly shall by taxation or otherwise provide for such public funds.
Paragraph 2. Public Education; Other than Common Schools. The General Assembly may provide for an adequate public education for its citizens other than in the common schools, and may provide that the expense thereof be borne out of public funds and funds from such other sources, including tuition charges, as the General Assembly may prescribe.
SECTION 2 STATE BOARD OF EDUCATION Paragraph 1. State Board of Education. The State Board of Education shall be composed of one member from each Congressional District in the State, and all members shall serve for terms of seven years dating from the expiration of the previous terms of its members. Appointments for full or unexpired terms shall be made by the Governor in accordance with the provisions of Article 4, Section 8, Paragraph 1 of this Constitution. The Governor shall not be a member of the State Board of Education. No person employed in a professional capacity by a private or public educational institution, or by the State Department of Education, shall be eligible for appointment or to

83 serve on said Board. The State Board of Education shall have such powers and duties as may be provided by law.
SECTION 3 STATE SCHOOL SUPERINTENDENT Paragraph 1. State School Superintendent; Election; Terms of Office; Qualifications. There shall be a State School Superintendent, who shall be the chief administrative officer of the State Board of Education. He shall be elected at the same time and in the same manner and for the same term as that of the Governor and shall have such qualifications and compensation as may be fixed by law. No member of the State Board of Education shall be eligible for election as State School Superintendent during the term for which he shall have been appointed.
SECTION 4 BOARD OF REGENTS Paragraph 1. Board of Regents of the University System of Georgia. The Board of Regents of the University System of Georgia shall be composed of one member from each Congressional District in the State and five additional members from the State-at-large, and all members shall serve for terms of seven years dating from the expiration of the previous terms of its members. Appointments for full or unexpired terms shall be made by the Governor in accordance with the provisions of Article 4, Section 8, Paragraph 1 of this Constitution. The Governor shall not be a member of said Board. The government, control and management of the University System of Georgia and all of its institutions in said system shall be vested in the Board of Regents of the University System of Georgia. The Board of Regents of the University System of Georgia shall have further powers and duties as provided by law.

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SECTION 5 SCHOOL DISTRICTS Paragraph 1. (a) County School Districti County Board of Education; Election or Appointmenti Change by Referendu~. Authority is granted to counties to establish and maintain public schools. Except as provided in Paragraphs 2 and 3 of this Section, each county, exclusive of any independent school system now in existence in a county, shall compose one county school district and shall be confined to the control and management of a County Board of Education. The members of the County Board of Education in each county shall be elected or appointed in the manner and for such terms as may be provided by law applicable thereto at the time of adoption of this Constitution until such time as the manner of election or appointment and the terms of members are changed by local law conditioned upon approval by a majority of the voters of the county school district voting in a referendum thereon. The members of the County Board of Education in each county shall be freeholders in such county and shall be elected or appointed from that portion of the county not embraced within the territory of an independent school district, and shall have such further qualifications as may be prescribed by law. (b) County School Superintendenti Election or Appointment; Change by Referendum. There shall be a County School Superintendent in each county school district, who shall be the chief administrative officer of the County Board of Education. He shall have such qualifications, powers, duties and compensation as provided by law. He shall be elected or appointed

85 in the manner and for such term as may be provided by law applicable thereto at the time of adoption of this Constitution until such time as the manner of election or appointment and tenure are changed by local law conditioned upon approval by a majority of the voters of the county school district voting in a referendum thereon.
Paragraph 2. Area School Districts; Area Boards of Education; Area School Superintendents. The General Assembly may, by general or local law, provide for the consolidation and merger of any two or more county school districts, independent school systems, or any combination thereof, into a single area school district under the control and management of an Area Board of Education. No such consolidation or merger shall become effective until approved by a majority of the voters in each school district or school system voting in a referendum thereon held in each school district or school system being consolidated or merged. Any area school district so established shall constitute a separate political subdivision of this State, and the school districts or systems incorporated therein shall stand abolished, and title to all school properties and assets thereof shall vest in the Area Board of Education. The number of members of any Area Board of Education, their method of election or appointment, terms, qualifications, powers and duties shall be as provided by general or local law. There shall be an Area School Superintendent in each area school district, who shall be the chief administrative officer of the Area Board of Education. He shall be elected or appointed in the manner, and shall have such qualifications, tenure, powers, duties and compensation, as may be provided by general or local law. Subsequent to the creation of an area school district, the number of members and the manner of election or appointment of members of the Area Board of Education, and their terms of office, and the manner of election or appointment of the Area School

86 Superintendent, and his tenure, may be changed pursuant to local or general law, provided that any such local law shall be conditioned upon approval by a majority of the voters of the area school district voting in a referendum thereon.
Paragraph 3. Powers of Board to Contract with Each Other. Any two or more county boards of education or any two or more independent school systems or any two or more area boards of education, or any combination of the foregoing, may contract with each other for the care, education and transportation of pupils, and such other activities as they may be authorized by law to perform.
SECTION 6 MAINTENANCE AND PROTECTION OF CERTAIN
SCHOOL SYSTEMS Paragraph 1. Maintenance of Existing Independent Systems. Authority is hereby granted to municipal corporations to maintain existing independent school systems, and support the same as authorized by special or general law, and such existing systems may add thereto colleges. No independent school system shall hereafter be established. Paragraph 2. Systems Established Prior to Constitution of 1877. Public school systems established prior to the adoption of the Constitution of 1877 shall not be affected by this Constitution.
SECTION 7 MEETINGS OF BOARDS OF EDUCATION Paragraph 1. Board Meetings to be Public. All official meetings of boards of education shall be open to the public.

87 SECTION 8 BEQUESTS, DONATIONS AND GRANTS Paragraph 1. Bequests, Donations and Grants. The State Board of Education, the Regents of the University System of Georgia, and all other boards of education may accept bequests, donations and grants of land, or other property, for the use of their respective systems of education.
SECTION 9 LOCAL TAXATION FOR EDUCATION Paragraph 1. County Taxation for Education. The fiscal authority of each county shall annually levy a school tax for the support and maintenance of education, not greater than twenty mills per dollar, as certified to it by the county board of education. Such county school tax shall be levied upon the assessed value of all taxable property within the county, exclusive of any independent school system therein. The certification to the fiscal authorities of the counties comprising an area school district shall be in such amount and within such limits as may be prescribed by general or local law applicable thereto, and upon such certification being made, it shall be the duty of the fiscal authorities of such counties to levy such tax in accordance with such certification. Paragraph 2. Increasing or Removing Tax Rate. The millage limitation provided in Paragraph 1 may be increased or removed by action of the County Board of Education, but only after such action has been approved by a majority of the qualified voters voting in a referendum held in the school district to be affected, in the manner prescribed by law. The millage or other limitation prescribed by any general or local law applicable to any area school district may likewise be increased or removed by action of the

88 Area Board of Education, but only after such action has been approved by a majority of the qualified voters voting in a referendum held in the area school district to be affected, in the manner prescribed by law.
Paragraph 3. Increasing Tax Rate to Receive Available State Funds. If the maximum millage levy which can be certified to the appropriate fiscal authority or authorities by a county or area board of education under pro visions of Paragraphs 1 or 2 of this Section, or under provisions of any general or local law applicable to area school districts, shall not be sufficient to produce the amount of school funds which the county or area school district may be required by law to raise in order to receive the full allotment of State educational funds available for support, maintenance or improvement of education in the county or area school district, the board of education of the county or area school district shall, notwithstanding the limitations contained in Paragraphs 1 or 2 of this Section, or as may be contained in general or local law applicable to area school district~, be authorized to certify to the appropriate fiscal authority or authorities a millage levy that will be sufficient to produce the amount of school funds needed in order to receive allotment of all available State educational funds, and upon such certification being made, it shall be the duty of the fiscal authority or authorities of the county or counties, as the case may be, to levy such tax or furnish such funds, as the case may be, in accordance with such certification.

09 SECTION 10 EDUCATIONAL GRANTS AND FREEDOM OF ASSOCIATION Paragraph 1. Grants for Edycation. Notwithstanding any other provision of this Constitution, the General Assembly may by law provide for grants of State, county or municipal funds to citizens of the State for educational purposes, in discharge of all obligation of the State to provide adequate education for its citizens. Paragraph 2. Freedom of Association. Freedom from compulsory association at all levels of public education shall be preserved inviolate.
SECTION 11 SPECIAL SCHOOLS Paragraph 1. Special Schools; Creation; Levy of Taxes; Bonds. The boards of education of any two or more counties, area school districts, or independent school systems, or any combination thereof, may establish, by contract or pursuant to general or local law, a system of special schools, such as vocational trade schools, schools for exceptional children, and schools for adult education. No such special schools shall be established until approved by a majority of the voters voting thereon in each of the school districts or systems affected thereby, in separate referendums held in the manner provided by law. The government, powers and duties of the boards of education participating in such special school system shall be defined by general or local law, or by contract between the participating boards, but in the latter case, such contract must conform to all applicabl~ local or general laws specifically relating thereto, if any, and such contract~ shall also be subject to approval or disapproval by the State Board of

90 Education. Such special school systems shall be operated in conformity with regulations promulgated by the State Board of Education. Any participating political subdivision is hereby authorized to incur bonded indebtedness not to exceed three per centum of the assessed value of all the taxable property therein to provide funds to acquire or construct facilities for any such system of special schools. Any such bonded indebtedness shall be incurred pursuant to the provisions of this Constitution and the laws of this State relative to incurring other bonded indebtedness. Such bonded
indebtedness shall be in addition to any and all other indebtedness authorized by this Constitution and the laws of this State. Any participating political subdivision is hereby further authorized to levy taxes for the support of such a system of schools regardless of whether it is located within the territorial limits of such subdivision and the fiscal authority of each county in which a participating county school district is located, or forming a part of an area school district, shall levy an additional school tax in such amount or rate as may be certified by the appropriate board of education within such limits as might be fixed by the General Assembly. The State is hereby authorized to expend funds for the support of such special school systems in such amount and manner as may be prescribed by the State Board of Education, subject to the provisions of law.

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ARTICLE 7 COUNTIES AND MUNICIPAL CORPORATIONS
- HOME RULE - SLUM CLEARANCE AND REDEVELOPMENT
SECTION 1 COUNTIES Paragraph 1. Counties a Corporate Body; Boundaries. Each county shall be a body corporate with such powers and limitations as may be prescribed by law. All suits by or against a county shall be in the name thereof; and the metes and bounds of the several counties shall remain as now prescribed by law, unless changed as hereinafter provided. Paragraph 2. Counties; Number; New. There shall not be more than one hundred and fifty-nine counties in this State, and no new county shall be created except by the consolidation or merger of existing counties. Paragraph 3. Counties, Consolidation, Merger, Division, Dissolution; Method. The General Assembly shall have power, with the concurrence of a majority of the qualified voters voting thereon in each of the counties affected to provide for the consolidation of two or more counties into one, or the merger of one or more counties into another, or the division of a county, and the merger of portions thereof into other counties; provided, however, upon the filing with the ordinary of any county of a petition signed by not less than twenty per centum of the duly qualified voters of such county, seeking such merger, consolidation or division, it shall be the duty of such ordinary to transmit a certified copy of such petition to each ordinary of all other counties affected thereby, and it shall be the

92 duty of the latter to provide for the publication of such petition, omitting therefrom the names affixed to such petition, in the newspaper in which the sheriffs' advertisements are published, once a week for a period of six consecutive weeks. If within a period of two years thereafter, a petition is presented to the ordinary or ordinaries of the other county or counties affected, expressing favor or approval of the original petition, signed by not less than twenty per centum of the duly qualified voters voting therein, it shall thereupon be the duty of the ordinaries of all such counties affected by such petitions,to certify the fact of such petitions to the Governor, whose duty it shall then be to call immediately an election on the same day in each such county, to be held not later than sixty days, and not sooner than thirty days, after the filing of the last petition, publishing notice thereof once a week for two weeks in the newspaper in each county in which sheriff's advertisements are published. Provided, however, that only one such election shall be called by the Governor within any twelve month period. The ordinaries of each county shall conduct the election, canvass the returns, and certify the results thereof to the Governor, who shall issue his proclamation thereon, and such results shall become effective at such time as may be prescribed by law, but not later than two years following the date of such election, as hereinafter referred to. Provided, however, any election held pursuant to the call of the Governor hereunder shall be null and void unless fifty-one per centum of the registered voters of the portion or portions of the counties affected shall have voted in said election. The members of the General Assembly from all such counties shall serve out the remainder of their terms for which elected, and at the Session of the General Assembly next following

93 such election, the county site shall be changed by law, without regard to the provisions of Paragraph 5 hereof, and the General Assembly shall likewise provide by law for the effective date of such merger, consolidation or division, as the case may be, subject to the above limitation of two years, and shall provide for the election of county officials, where required. The General Assembly shall have power to further implement this paragraph by law.
Paragraph 4. County Lines. With the exception of the procedure provided in Paragraph 3, county lines shall not be changed unless under the operation of a general law for that purpose.
Paragraph 5. County Sites Changed; Method. With the exception of the procedure provided in Paragraph 3, no county site shall be changed or removed except by a two-thirds vote of the qualified voters of the county voting at an election held for that purpose and by a majority vote of the General Assembly.
Paragraph 6. County Governments; County Officers; Uniformity; Elections; Terms; Compensation. Except as otherwise provided in this Constitution, any tribunal, or officers, which may be created by the General Assembly for the transaction of county matters, shall be uniform throughout the State and of the same name, jurisdiction and powers. All elected county officers, except county commissioners, shall serve for terms of four years, and shall be elected by the qualified voters of their counties. The General Assembly may create, by local act, county commissioners in such counties as require them, define their duties, and may provide for their election by district. The General Assembly may prescribe by law for the following: (1} The consolidation or division of county offices by general or local act, and the jurisdiction and duties of such consolidated or divided offices;

94 (2) The qualifications of county officers and the grounds and procedure for their removal; (3) The compensation of county officers on a fee or salary basis, or any combination thereof, except that where the salary or compensation of any county officer shall be prescribed by local act, he shall not receive any compensation under the provisions of any general law unless the local act specifically provides therefor; provided, however, the General Assembly may at any time, by general act, abolish the fee system of compensation of any county officer in any or all of the several counties of this State.
Paragraph 7. Powers of County Government. (a) In addition to such other powers and authority as is conferred upon any county by this Constitution or by the General Assembly, counties are hereby authorized to exercise the following powers: 1. Pay the expenses of administration of the county government. 2. Acquire, construct, maintain, improve, or aid in the acquisition, construction, maintenance, or improvement of public buildings, bridges, parks, recreation areas and facilities, libraries, streets, sidewalks, roads, airports, docks, faci~ies for the transportation of passengers for hire, and other properties; and to acquire any real property or any interest therein in connection with the foregoing. 3. Provide for the operation of courts, the maintenance and support of prisoners, and the handling of litigation affecting the county. 4. Establish and conduct public health programs and provide for the collection and preservation of records of vital statistics. 5. Establish and maintain a county police department. 6. Provide medical or other care and hospitalization for the indigent sick and to support paupers.

95 7. Pay county agricultural and home demonstration agents and conduct programs utilizing the services of such agents. 8. Establish and conduct welfare programs as may now or hereafter be provided by law. 9. Provide fire protection for forest lands and conserve natural resources. 10. Provide insurance and retirement benefits, coverage under Federal Old Age and Survivors' Insurance programs, and workmen's compensation benefits for its officers and employees, their dependents and survivors, and to public school teachers and personnel, their dependents and survivors; provided that all such payments for public school teachers and personnel shall be paid from education funds. 11. To establish and maintain a recreation system. (b) The General Assembly may district the territory of any county for the purpose of providing water, sewerage, garbage, electricity, gas and fire protection services to the residents of such district, and authorize such counties to levy a tax only upon the taxable property in such district for the purpose of constructing and maintaining such improvements, conditioned upon the assent of a majority of the qualified voters of such proposed district voting in an election for that purpose held as provided by law. (c) Any county is hereby authorized to exercise the power of eminent domain for any public purpose. Paragraph 8. Salary of County Employees; How Fixed. The governing authority of each county is authorized to fix the salary, compensation and expenses of those employed by such governing authority and to establish and maintain retirement or pension systems, insurance, workmen's compensation, and hospitalization benefits for said employees.

96 Paragraph 9. County Planning and Zoning. The governing authority of each county is empowered to enact for unincorporated areas of the county appropriate planning and zoning ordinances for public safety, historic, esthetic, health, business, residential and recreational purposes. Paragraph 10. County Manager. Form of Government. The General Assembly may provide by general or local acts, without regard to uniformity, for the establishment of a county manager form of county government. Paragraph 11. County Ordinances and Regulations. (a) The governing authority of each county is hereby authorized to adopt ordinances or regulations for the governing and policing of said county for the purpose of protecting and preserving the health, safety, welfare, and morals of its citizens as it may deem advisable not in conflict with the general laws of this State and of the United States and to provide punishment for the violation of same. This grant of authority shall not be deemed to limit or restrict the power of the General Assembly, except that the General Assembly shall not pass any local law which would have the effect of repealing, modifying or superseding any action taken by a county under authority of this Section without the assent of a majority of the qualified voters of such county voting in an election for that purpose held as prescribed by law. (b) Any county governing authority in this State is hereby authorized to amend the local acts relating to its government by following either the procedure set forth in subparagraph 1 or 2 hereof. 1. Local acts creating or relating to county governing authorities may be amended or revised by resolutions duly adopted and concurred in at two regular consecutive meetings of the county governing authority. Any such amendment or revision shall not be valid unless the same conforms to and is consistent with all other provisions of this Constitution and general

97 statutory law. Notices containing a brief and concise synopsis of the proposed amendment or revision shall be published in the official county organ once a week for three weeks within sixty days prior to the final adoption of the resolution. The compensation, expenses, and allowances received by members of the county governing authority, their terms of office, and the districts from which they are elected, if any, may not be changed by the method and procedure contained in this subparagraph 1; nor shall any amendment or revision hereunder be valid, the effect of which would be to change or repeal an amendment adopted pursuant to a referendum as provided in subparagraph 2 hereof if adopted prior to the expiration of twelve months following the date of such referendum; nor shall any such laws be amended or revised in the manner authorized by this subparagraph 1 more frequently than once every six months.
2. Amendments to or revisions of the various local acts creating or relating to the county governing authorities may be initiated by petition containing the signatures of at least twenty per centum of the qualified voters of the county specifically setting forth the exact language of the proposed or revision amendment and duly filed with the clerk of superior court of the county and the county governing authority. Any such amendment or revision of said acts shall not be valid unless the same conforms to and is consistent with all other provisions of this Constitution and general statutory law. The governing authority of the county shall fix a date within ninety days on which a referendum shall be held for the purpose of submitting to the qualified voters of the county for their approval or rejection the proposed amendment or revision. The results of said referendum shall be determined by a majority vote of the qualified voters voting in said referendum and said referendum shall be held in the same manner as

98 is provided by law for elections for members of the General Assembly. Notices of the date of said referendum shall be published once a week for four weeks immediately preceding said referendum in the official organ of the county. Said notices shall contain a brief and concise synopsis of the proposed amendment or revision and shall state that a copy of the proposed amendment or revision is on file in the office of the clerk of the superior court of the county for the purpose of examination and inspection by the public. Said local acts may not be amended or revised more frequently than once each s~ months pursuant to the procedure set forth in this subparagraph 2.
SECTION 2 MUNICIPAL CORPORAtiONS Paragraph 1. Creation of Municipal Corporations by the General Assembly. No municipality shall be incorporated, dissolved, merged or consolidated with any other municipality, or the boundaries thereof changed, except by general or local act of the General Assembly. Each incorporated municipality is hereby granted full power and authority to amend its charter as hereinafter provided and to pass ordinances relating to its local affairs, property and government, and to provide for the general health and welfare of its inhabitants. This grant of authority shall not be deemed to limit or restrict the power of the General Assembly, except the General Assembly shall not pass any local law which would have the effect of repealing, modifying or superseding any action taken by a municipal governing body under authority of this Section without the assent of a majority of the qualified voters of such municipality voting in an election for that purpose held as prescribed by law.

99 Paragraph 2. Salary of Municipal Employees; How Fixed. The governing authority of each incorporated municipality is authorized to fix the salary, compensation and expenses of the municipal employees and to establish and maintain retirement or pension systems, insurance, workmen's compensation, and hospitalization benefits for said employees. Compensation, expenses and allowances in the nature of compensation received by members of the municipal governing authority, their terms of office and their districts or wards from which they are elected may not be changed by said governing authority during the term for which they are elected or appointed. Paragraph 3. Municipal Planning and Zoning. The governing authority of each municipality is empowered to enact appropriate planning and zoning ordinances for public safety, historic, esthetic, health, business, residential or recreational purposes. Paragraph 4. Procedures to Amend Charters of Municipal Corporations. Any municipal corporation in this State is hereby authorized to amend and revise its charter, consistent with all other provisions of this Constitution, by following either the procedure set forth in subparagraph (a) or (b) hereof. (a) Municipal charters may, from time to time, be amended or revised by an ordinance, after having been duly adopted and concurred in at two regular consecutive meetings of the municipal governing authority; provided, however, no amendment or revision hereunder shall be valid, the effect of which would be to change or repeal an amendment or revision adopted pursuant to a referendum as provided in subparagraph (b) hereof, if adopted prior to the expiration of twelve months following the date of such referendum; nor shall any municipal corporation be authorized to amend or revise its charter in the manner authorized by this subparagraph (a) more frequently than once

100 every six months. Any such amendment or revision shall not be valid unless the same conforms to and is consistent with all other provisions of this Constitution and general statutory law. Notices containing a brief and concise synopsis of the proposed amendment or revision shall be published in a newspaper of general circulation in the municipality or the official county organ once a week for three weeks within sixty days prior to the final adoption of the ordinance.
(b) Revision of municipal charters and amendments thereto may be initiated by petition containing the signatures of at least twenty per centum of the qualified voters of the municipality specifically setting forth the exact language of the proposed amendment or revision and duly filed with the recording officer or clerk of the municipal governing body. Any such amendment or revision of the municipal charter shall not be valid unless the same conforms to and is consistent with all other provisions of the Constitution and general statutory law. The municipal governing authority shall fix a date, within ninety days after the filing of the petition, on which a referendum shall be held for the purpose of submitting to the qualified voters of the municipality for their approval or rejection the proposed charter amendment or revision. The results of said referendum shall be determined by a majority vote of the qualified voters voting in said referendum, and said referendum shall be held in the same manner as is provided by law for elections for members of the General Assembly. Notices of the date of said referendum shall be published once a week for four weeks immediately preceding said referendum in a newspaper of general circulation within the municipality or the official county organ, in which the municipality is located. Said notices shall contain a brief and concise synopsis of the proposed revision or amendment, and shall state that a copy

101 of the proposed amendment or revision is on file in the office of the recording officer or clerk of the municipal governing body for examination and inspection by the public. In any event no chart~r of any municipal corporation may be amended or revised more frequently than once every six months pursuant to the method set forth in this subparagraph (b).
SECTION 3 SLUM CLEARANCE AND REDEVELOPMENT Paragraph 1. Slum Clearance and Redevelopment. (a) The General Assembly may provide by law that any county, municipal corporation or housing authority, or any combination thereof, may undertake and carry out slum clearance and redevelopment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for re-use, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses. Any such work shall constitute a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof. (b) Any county or municipal corporation shall be authorized to issue and to sell revenue bonds subject to and in accordance with the terms and provisions of the Act of the General Assembly of the State of Georgia approved March 31, 1937, known as the Revenue Bond Law of 1937, as amended, and as the same may hereafter be amended, to provide funds for the purpose of carrying out slum clearance and redevelopment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for disposition of such areas to private

102 bodies for public uses. Any such bonds may be refunded provided such refunding complies with the standards set forth in Article 5, Section 3, Paragraph 2 (c). As security for the payment of the principal of and the interest on any such bonds and to create reasonable reserves in connection therewith, as well as to establish a fund for future work the issuer may pledge all or any part of the taxes received (except such taxes which by law are required to be used only for specific purposes) by such body from any real property involved in any slum clearance or redevelopment work, including work heretofore or hereafter done, together with any or all other revenues from any such project. The issuance of any such bonds shall be an authorized indebtedness but no vote of the people shall be required prior to incurring the same nor shall such bonds or such pledge be considered as an indebtedness in determining the limitation or indebtedness imposed by the provisions of Article 5, Section 3, Paragraph 2 (a) of this Constitution. In addition, any county or municipal corporation, other than the issuer, benefiting from any such slum clearance or redevelopment work may contract with the issuer of any such revenue bonds and agree to pay to such issuer all or any part of the taxes received, except such taxes which by law are required to be used only for specific purposes by such body from any real property involved in any slum clearance or redevelopment work, including work heretofore or hereafter done, so that the same may be pledged to the payment of the principal of and interest on such bonds and to create reasonable reserves in connection therewith, as well as to establish a fund for future work.
Provided, however, no such bonds can be issued unless: (1) the taxes received by the issuer, or by any county or municipal corporation contracting with the issuer, in the fiscal year immediately preceding the issuance of

103 the bonds from properties which are or were a part of a slum clearance or redevelopment project, except taxes which by law are required to be used only for specific purposes, shall have been in an amount equal to at least one and one-half times the annual debt service requirements on any such bonds then outstanding and on those proposed to be issued; (2) the total taxes pledged for such purposes shall not exceed ten per cent of the total taxes received, except such taxes which by law are required to be used only for specific purposes, by such issuer or such contracting party in the year preceding the issuance of any such bonds; and (3) no property shall be considered as having been property which was part of a slum clearance or redevelopment project which was resold or otherwise disposed of for public or private use twenty years or more prior to the year in which said bonds are to be issued.
SECTION 4 GENERAL PROVISIONS APPLICABLE TO ALL
LOCAL UNITS Paragraph 1. Consolidation of Governments. The General Assembly may provide for the consolidation of any or all of the governmental and corporate functions now or hereafter vested in municipal corporations with the governmental and corporate functions now or hereafter vested in the counties in which such municipal corporations are located; provided, such consolidations shall not become effective until submitted to the qualified voters residing within the municipal corporation and in the county outside thereof, and approved by a majority of those voting in the municipality and by a majority of those voting in the county outside the municipal corporation.

104 Paragraph 2. Filing and Publication of Laws. No amendment or revision of any local act made pursuant to Paragraph 11 of Section 1 of this Article or of ahy charter made pursuant to Paragraph 4 of Section 2 of this Article shall become effective until a copy of such amendment or revision, a copy of the required notice of publication, and an affidavit of a duly authori~ed representative of the newspaper in which such notice was published to the effect that said notice has been published as provided in said paragraphs, has been filed with the Secretary of State. The Secretary of State shall provide for the publication and distribution of all such amendments and revisions at least annually.

105
ART I CL E 8
AMENDMENTS TO THE CONSTITUTION SECTION 1
CONSTITUTION AMENDED, HOW Paragraph 1. Proposals to Amend the Constitution. Revisions of or amendments to this Constitution may be proposed by the General Assembly, or by a constitutional convention as hereinafter provided. No amendments except those of a general nature having uniform operation throughout the State shall be proposed. Paragraph 2. Proposal bX General Assemblx; Submission. A proposal by the General Assembly to amend this Constitution shall originate as a resolution in either the House or Senate and if approved by two-thirds of the elected membership of each house in a roll call vote entered on their respective journals, the Governor shall cause the full text of such proposal to be published in one or more newspapers having general circulation in each congressional district in the State once each week for three consecutive weeks immediately preceding the day of the general election at which such proposal is to be submitted, and shall cause such proposal to be placed on the ballot for the next general election. The language to be used in submitting a proposed amendment shall be in such words as the General Assembly may provide in the resolution, or in failure thereof, in such language as the Governor may prescribe. If such proposal is approved by a majority of the electors qualified to vote for members of the General Assembly voting thereon in such general election, such proposal shall become a part of this Constitution. Any amendment so approved shall take effect on the first day

106 of January following the date of the vote thereon, unless the proposal shall provide otherwise. When more than one proposal is to be submitted at the same election, such proposals shall be submitted so as to enable the electors to vote on each proposal separately.
Paragraph 3. Repeal or Amendment of Proposal. Any proposal by the General Assembly to amend the Constitution may be repealed by the same General Assembly at any time prior to submission for adoption by two-thirds of the elected membership of each house in a roll call vote entered on their respective journals. Any proposal may, in the same manner, be amended by the same General Assembly if done at least two months prior to the date of the election at which such proposal is to be submitted to the people for adoption.
Paragraph 4. Constitutional Convention; How Called. No convention of the people shall be called by the General Assembly to revise, amend or change this Constitution, unless by the concurrence of two-thirds of all members of each house of the General Assembly. The representation in said convention shall be based on population as near as practicable. This Constitution shall not be revised, amended, or changed by the convention until the proposed revision, amendment, or change has been submitted and ratified by the people in the manner provided for submission and ratification of amendments proposed by the General Assembly.

107
ART I CLE 9 MISCELLANEOUS PROVISIONS
SECTION 1 MISCELLANEOUS PROVISIONS Paragraph 1. Continuation of Existing Laws. Except as otherwise specifically provided herein, the officers of the State and all political subdivisions thereof, now existing, shall continue in the exercise of their several functions, and shall serve out the remainder of their unexpired terms and until their successors are duly elected or appointed and qualified; and all general, special and local laws now in force shall continue to operate, so far as consistent with this Constitution, until modified or repealed, or until they expire by their own terms. Paragraph 2. Provisions of Prior Constitutions Continued as Statutory ~ (a) Upon the effective date of this Constitution, amendments to the Constitution of 1877 continued in force by Article VII, Section X of the Constitution of 1945, amendments to the Constitution of 1945 adopted pursuant to the provisions contained in Article XIII, Section I, Paragraph I thereof which have required a vote of the people of the political subdivision or subdivisions directly affected thereby, amendments to the Constitution of 1945 applicable to counties and cities having a population in excess of a number stated in such amendments, amendments applicable to counties having a city wholly or partly therein with a population in excess of, or not less than, a number stated in such amendment, or amendments applicable to cities lying in two counties, where such amendments

108 are in force and effect at the time of the ratification of this Constitution, shall continue in force and effect as statutory law and, if constitutional at the time the same became effective, the constitutionality of the same under this Constitution is hereby confirmed; provided the amendment of Paragraph I of Section III of Article VI of the Constitution of 1945 proposed by Georgia Laws 1956, page 636, and ratified in the general election held in November, 1956, providing the term of office of each of the Judges of the Superior Court of the Atlanta Judicial Circuit shall be eight years, shall not be continued of force.
(b) Any provisions continued in force as statutory law as aforesaid may be amended or repealed by the General Assembly provided that no contract or other vested rights are adversely affected by any such amendment or repeal and provided further that: (1) if any such provision was originally ratified as a constitutional amendment directly affecting only particular localities in this State by name, population, or other description; any amendment thereto, or repeal thereof, shall not be effective as to a particular locality until ratified by the people of that locality in a referendum unless the General Assembly shall have enacted a statute of statewide application dealing with substantially the same subject matter and has provided therein for the repeal of all statutes having less than statewide application which it deems inconsistent therewith.
Paragraph 3. Special Provision with Respect to the Brunswick Ports Authority and the Georgia Ports Authority. The creation of the Brunswick Ports Authority and the Georgia Ports Authority and the grant of powers thereto by the General Assembly of Georgia, pursuant to statutes enacted prior to the effective date hereof is hereby ratified and the constitutionality of such creation and the grant of said power and the exercise thereof is hereby confirmed.

109 Paragraph 4. Special Provision with Respect to Local Constitutional Amendments Adopted at the General Election in Which This Amendment is Adopted. All local constitutional amendments adopted under the procedure established in the Constitution of 1945 which are not required to be voted on by the people of the State as a whole, and which are ratified at the general election at which this constitutional amendment is ratified shall continue in force and effect as an amehdment to the Constitution of 1945 on the basis provided in Paragraph 2 above, and the provisions of Paragraph 2 shall apply thereto. Paragraph 5. Interim Provisions Respecting Terms of Elected Officers. All elected officers, including justices, judges and solicitors general, in office on the effective date of this Constitution shall serve for the terms to which elected; provided, however, the terms of elected officers other than members of the General Assembly, elected in the general election in which this Constitution is ratified, and elected officers other than members of the General Assembly beginning terms after ratification of this Constituion, shall serve for the terms specified herein; unless the term herein provided is shorter than the term for which they have been elected, in which event the longer term shall apply. Paragraph 6. Effective Date. This Constitution shall become effective on April 1, 1965.