Findings and recommendations of the Constitution Revision Commission of 1969

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FINDINGS

AND

RECOMMENDATIONS

FINDINGS AND RECOMMENDATIONS OF THE
CONSTitUTION REVISION COMMISSION OF 1969
MEMBERS: Honorable Lester Maddox, Governor Honorable George T. Smith, Lieutenant Governor Honorable Geo. L. Smith, II, Speaker, House of Representatives Honorable Arthur K. Bolton, Attorney General Honorable Frank H. Edwards, Legislative Counsel Senator Billy Shaw Abney Honorable Clifford Adams Honorable Charles J. Bloch Representative George D. Busbee Senator Frank E. Coggin Representative Carr G. Dodson Senator Hugh Gillis Representative Maddox J. Hale Senator Jack Hardy Representative J. Robin Harris Senator Leroy John~on Representative J. Roy McCracken Judge Walter C. McMillan, Jr. Honorable Henry R. Milhollin* Representative Thomas B. Murphy Honorable Henry G. Neal Honorable Harold Sheats Senator Stanley E. Smith, Jr. Honorable Alton W. Tucker Senator Julian Webb
STAFF: Honorable John A. Blackmon, Executive Secretary Mr. Joseph B. Newton, Legal Research Associate Miss Sheila M. McDevitt, Research Associate Mrs. Martha P. Pingree, Secretary
*Named to replace the Honorable Carter Pittman who resigned for reasons of health

REPORT OF THE CONSTITUTION REVISION COMMISSION
PART 1 FINDINGS NEED FOR REVISION
Constitutional revision h~s been of major importance among the States in recent years. Constitutional revision is one way to revitalize state government. Most state Constitutions, including the Georgia Constitution, are outmoded. 1 An antiquated constitutional structure severely handicaps the State in meeting modern problems.
During the past two years, governors in twenty States have stressed the need for constitutional revision. The legislatures in seventeen States have responded by establishing study commissions. 2 Georgia was one of the twenty States in which both the governor and the legislature have indicated the need for such revision. 3
Georgia 1 s modern constitutional history, under two Constitutions - 1877 and 1945 - has shown the electorate being faced with a list of constitutional amendments to reject or approve at every general election. The 1877 Constitution was amended over three hundred times in the forty-eight years of its existence. To date, the 1945 Constitution has been amended six hundred and fifty-five times with five hundred and forty-eight of those being of a local nature. (See Appendix A.) Even the most conscientious citizen cannot adequately inform himself and vote intelligently when faced with numerous amendments on each general election ball~t.
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The numerous amendments over the years have produced an existing Constitution which is needlessly lengthy, generally disorganized, and which contains much duplication and many conflicting provisions. These conditions defy what experts call the principles of constitutional drafting, these principles being (1) brevity, (2) readability, and (3) flexibility. 4 Brevity is probably the most important of the three. A Constitution should contain fundamental and enduring principles, expressed in general language. 5 Too much detail causes limitation and thus the need for constant amendments.
Readability of the State 1 s highest law is of the utmost importance to the people who are affected by it. It should be intelligible by ordinary people. Many of the provisions in the 1945 Constitution are misplaced and a logical sequence is not present. The great number of amendments to the Constitution have not always been put in the proper article. The members of the Commission thought that for better organizational purposes they would follow the structure of the Model State Constitution as used in the 1969 Proposed Constitution. This structure places all provisions in an orderly fashion under relevant headings. The duplication has thus been removed, obsolete terminology has been avoided, ambiguous phraseology has been clarified, and repetitious or contradictory language has been corrected.
Thus, the Commission recommends that: An orderly structure guided by the 1969 Proposed Constitution be adopted as a vital part of a new Constitution.
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T
As directed by Senate Resolution 10, this Commission has examined the Constitutions of other States. Of the States that have adopted new Constitutions recently, three are considered as having documents that embrace the above-stated principles. These are Alaska, Hawaii, and New Jersey. 6 These States have adopted long lasting documents which express the basic framework of government.
Flexibility is a principle that should be considered greatly in today's rapidly changing society. Needless limitations on the governor and on the power of the legislature should be removed. The principle of flexibility brings us to a consideration of the significance of treating a subject in the State Constitution rather than leaving it to be dealt with by statutory law. The inclusion of many limitations in the Constitution "may delay or prevent the change to a new and better policy from one embedded in the constitution which is no longer responsive to current needs." 7
The three general principles as previously stated (brevity, readability, and flexibility) will give Georgia a Constitution which will survive throughout the years without the need of constant revision and amending. These principles guided this Commission in drafting its proposals.
GEORGIA'S CONSTITUTIONAL HISTORY
The State of Georgia, being unique in America's constitutional history, has operated under eight different Constitutions. Georgia, for example, was one of the few of the thirteen original States to organize a government without a written Constitution. 8 After considerable
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prodding by Congress, the Constitution of 1777 was adopted. Two more Constitutions were adopted prior to the Civil War, in 1789 and again in 1798. The Constitution of 1798 served as the fundamental law of Georgia until the Civil War. This document survived with only twentythree amendments.
The Civil War period saw Georgia with three Constitutions - 1861, 1865, and 1868. However, at the end of Reconstruction, the 1877 Constitution was adopted and can be classified as Georgia's first modern Constitution. 9 This document served as the State's highest law until the Constitution of 1945 was adopted.
The existing 1945 Constitution was drafted by a Commission created by a Resolution of the General Assembly. This Commission method of constitutional revision was approved by the Courts in the case of Wheeler v. Board of Trustees of Fargo Consolidated School District, 200 Ga. 323. The existing Constitution is basically a redraft of the Constitution of 1877. 10
The great number of amendments to the 1877 and 1945 Constitutions have indicated the need for constitutional revision. Thus, in 1963, a Resolution passed by the General Assembly created a twenty-eight-member Constitutional Revision Commission, whose chairman was the then Governor Carl Sanders. After a year of study, a new Constitution was passed by the General Assembly and was to be presented to the people at the 1964 November general election. However, in Toombs v. Fortson, 205 F. Supp. 248 (1962), a three-judge federal Court held that the Georgia General Assembly was malapportioned. The same Court, in June of 1964, enjoined state officials from
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placing the proposed Constitution on the election ballot since it was proposed by a then unconstitutionally apportioned legislature. This case was reversed by the United States Supreme Court, and there appears to be no legal obstacle to constitutional revision at this time. 11 The next attempt at revision was during the 1969 regular session of the General Assembly. During the 1969 session of the General Assembly, the House Judiciary Committee, chaired by Representative J. Robin Harris, drafted a new Constitution.
Ser.ate Resolution 10 of the 1969 General Assembly created the present Commission. 12 The Commission finds a definite need for comprehensive constitutional revision. The Commission concludes that a modern flexible Constitution is essential if the State is to enjoy continued progress and prosperity. The Commission finds that a Constitution which is brief, readable, and flexible will best serve the interest of Georgia. To achieve these ends, the Constitution must make the authority of the executive and legislative branches of government more flexible and must grant reasonable home rule authority to counties and municipal corporations.
PART 2 CONSTITUTIONAL REVISION COMMISSION ACTIVITIES
This Commission was composed of members from the executive, legislative, and judicial branches of state government, as well as citizen members representing many aspects of importance to the State.
The basic approach taken by the Commission was to be guided by and to build upon the 1964 and the 1969 Proposed
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Constitutions. The members were divided into subcom-
mittees, each one dealing with the subject matter of one article of the 1964 Proposed Constitution. 13

The substantive committees held public hearings and meetings that were open to the public where interested organizations were encouraged to present their views. The members listened to the recommendations of concerned citizens and organizations and discussed every prov1s1on of the article with which they were dealing. The staff, composed of the Executive Secretary, Honorable John A. Blackmon; Legal Research Associate, Joseph B. Newton; Research Associate, Sheila McDevitt; and Secretary, Martha Pingree, incorporated all the changes that were made by the committees into the tentative draft of recommendations to be considered by the full Commission.

Following the tentative adoption of a new document

on October 17, 1969, the draft was submitted to Profes-

sor William H. Agnor of the Emory University Law School,

who was retained as a consultant on the final document.

Dr. Agnor reviewed each section of the document and made

. such recommendations to the Commission as were necessary

;

"'

to insure continuity, clarity, and completeness. The

members of the Commission took action on Dr. Agnor 1 S recom~

mendations and final action on the completed document on

November 10, 1969.

The Commission agreed that the so-called 11 Beautifi~ cation Amendment 11 of 1966 should be included in the Constitution, but not in the form as contained in the 1945 Constitution. Therefore, the Commission instructed the Attorney General to complete the necessary research and prepare a suitable condensed version of the 1966 amendment for consideration by the House Judiciary Committee

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when it begins its deliberations on this document. The Judiciary Committee is hereby requested to adopt some form of the 11 Beautification Amendment'' of 1966 for inclusion in the new Constitution.
PART 3 RECOMMENDATIONS Generally the Commission recommends that the Constitution be completely revised. An article by article approach to revision appears to be impractical because many of the articles are interdependent. (See Appendix
B.) The proposed Constitution as contained herein (pages
through 117) is the recommendation of the Commission. It should be remembered at all times that the propo-
sal is that of the Commission as a whole. Individual members, of course, do not necessarily agree with each and every provision of the document and, of course, all members of the Commission reserve the right to disagree with specific sections of the proposal.
RECOMMENDATIONS OF THE COMMISSION THAT ARE SIGNIFICANT CHANGES
(The proposed Constitution, of course, speaks for itself, and the following list of highlights is not intended to be exhaustive but is given merely to point up some of the more important recommendations.)
1. The convening date of the General Assembly has been changed from January to the first Monday in February with the length of such session to be determined by the General Assembly, but the session cannot last longer than the first day of May (Article 2, Section 3, Paragraph l ).
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2. Four-year staggered terms for the members of both houses. Generally one-half of the members to be elected every two years (Article 2, Section 2, Paragraph 5).
3. Method of the governor 1 S veto and the method for overriding the veto has been clarified and specified as has been the method for submitting appointees by the governor to the Senate for approval (Article 2, Section 5, Paragraph ll (a) and Article 4, Section 2, Paragraph 11).
4. Establishes a unified judicial system allowing the General Assembly to abolish all Courts except the Supreme Court, the Court of Appeals, Superior Courts, and Courts of Ordinary. Existing Courts are continued but when abolished, their functions will be designated to other existing Courts (Article 3, Section l, Paragraphs l and 2).
5. Makes the Court of Ordinary part of the judicial system, but preserves its present duties and functions (Article 3, Section 5).
6. Allows the General Assembly to create by law judicial nominating commissions to fill vacancies (Article 3, Section 7, Paragraph 2).
7. Establishes the Supreme Court as the executive head of the judicial system, giving it the authority to appoint an administrator of the Courts, who has the power to assign Justices and Judges to sit in any state Court where such assignment is necessary to aid the prompt disposition of judicial business (Article 3, Section 10, Paragraph 1).
8. Allows the Supreme Court to provide by rule the procedure and method for the discipline, removal, and involuntary retirement of Justices of the Supreme Court,
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Judges of the Court of Appeals, Judges of the Superior Courts, and Judges of the Court of Ordinary. Involuntary retirement cannot be at less than age 72 (Article 3, Section 12, Paragraph 1 ).

9. The Board of Commissioners of the Department of

Industry and Trade, the State Board of Corrections, the

Veterans Service Board, the Game and Fish Commission, and

the State Board of Highways and Transportation have been

removed from the Constitution and given statutory status.

(NOTE: Article 9, Section 2, Paragraph 1 states that

I i

all existing boards, commissions, and authorities not

I I

specifically named in this Constitution shall remain as

statutory law until changed by the General Assembly.)

10. Although much excess verbiage was removed, the major change in the Public Finance Article was broadening the purposes for which taxes can be raised, to 11 any public purpose. 11

11. Creates the Georgia State Financing and Investment Commission, granting it the authority to contract the public debt (Article 5, Section 3, Paragraph 1 (a), (b), and (c)). Provides that the State may issue general obligation bonds for capital outlay purposes only. Allows the State to contract debt for temporary deficiencies in the Treasury for specific purposes not to exceed five per cent of the previous year 1 S revenue paid into the Treasury.

12. The State Board of Education is expanded to consist of fifteen members. The ten from each congressional district will be elected from a caucus of the members of the Senate and House of Representatives from the senatorial and representative districts embraced within such

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congressional district. The five State-at-large members shall be appointed by the Governor (Article 6, Section 2, Paragraph 1).
13. The State School Superintendent is to be appointed by the State Board of Education and serve at its pleasure (Article 6, Section 3, Paragraph 1).
14. Gives broad powers of home rule to counties and municipal corporations (Article 7, Section 3, Paragraph 1 ).
15. New methods of consolidation have been proposed for counties by petition to the Court of Ordinary of not less than fifteen per cent of the registered electors of such county or upon recommendation of two successive grand juries in such counties subject to a referendum of the people (Article 7, Section 1, Paragraph 3).
16. Allows the General Assembly to provide by law for the transfer of any functions or powers of a municipality to a county or the revocation of such. Also, it allows two or more counties to share services (Article 7, Section 3, Paragraph 5).
17. Further local constitutional amendments are prohibited, but such existing amendments are preserved until removed (except the eight-year terms of Fulton County Superior Court Judges). (Article 9, Section 1, Paragraph 2.)
PROVISIONS FOR IMPLEMENTATION Article 9 (Miscellaneous Provisions) of the Commissions proposal contains provisions for the orderly implementation of the new Constitution. Existing local
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Til
I
amendments are carried forward as statutory law (except the eight-year terms of Fulton County Superior Court Judges). State Courts are preserved, but the creation of any new ones is prohibited. Existing State and county officers are continued in office until the end of their present terms.
These provisions and others were designed for a smooth and orderly transition and implementation of the provisions of the new Constitution.
Respectfully submitted to the General Assembly of the State of Georgia by the Constitution Revision Commission of 1969.
John A. Blackmon Executive Secretary of the Commission
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APPENDIX A
BREAKDOWN OF GENERAL AND LOCAL AMENDMENTS TO THE PRESENT CONSTITUTION

General Amendments

1) Legislative (Concerned with those amend-

ments which fall within the juris-

diction of the General Assembly or

directly pertaining thereto.)

8

2) Judicial (Concerned with those amend-

ments pertaining to the composi-

tion, salary, and jurisdiction of

the state courts.)

10

3) Executive (Concerned with the powers, pre-

rogatives, and purposes of the

executive branch.)

7

4) Public Finance (Concerning state powers

to raise and appropriate revenue.)

41

5) Education (Concerning the educational

process in Georgia, the students,

and personnel involved therein.)

18

6) State Organizations (Concerning the crea-

tion, powers, and purposes of state

authorities, commissions, boards,

etc. )

5

7) Miscellaneous

18

Total

107

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Local Amendments

1) Local Services (Concerned with providing
such improvements or services as roads, water, sewage, fire protection, etc.,
in county or municipal corporations.) 90

2) Municipal Expansion, Zoning, Districting

(Concerning the establishment of

county or municipal boundaries for

purposes of expansion, zoning, or

districting for various purposes.)

24

3) Revenue (Concerning local power to raise

and appropriate revenue.)

131

4) Selection of Local Officials (Concerning

selection, tenure, and composition

of local governing bodies and posi-

tions.)

111

5) Creation of Local Entities (Concerning the

creation or power to create local

authorities, commissions, boards,

etc., with their powers and pur-

poses.)

175

6) Miscellaneous

1 7

Total

548

NOTE:

During the 1969 regular session of the General Assembly there were seven resolutions introduced dealing with Constitutional Revision. Three were in the House of Representatwes and four were in the Senate.

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APPENDIX B* 1945 Constitution Article 1, Bill of Rights Article 2, Elective Franchise
Article 3, Legislative Department Article 4, Power of General Assembly over Taxation
Article 5 , Executive Article 6, Judiciary Article 7, Finance, Taxation, and Public Debt Article 8, Education Article 9, Homesteads and Exemptions Article 10 , Militia
Article 11, Counties and Municipal Corporations Article 12, The Laws of Beneral Operations in Force in this State Article 13, Amendments to the Constitution Article 14, Merit System
Article 15, Home Rule
Article 16, Slum Clearance

Proposed Constitution
Article 1, Bill of Rights
This has been incorporated as part of Article 1
Article 2, Legislative Branch
These provisions have been placed in Article 2 as legislative powers
Article 4, Executive
Article 3, Judiciary
Article 5, Finance, Taxation, and Public Debt
Article 6, Education
This is included in Article Bill of Rights
This has been included in Article 4 as an executive function.
Article 7, Counties and Municipal Corporations
These provisions have been included in Article 9, Miscellaneous Provisions
Article 8, Amendments to the Constitution
This has been included in Article 4, Executive Branch
This has been included in
Article 7, Cnties & Mun. Corp.
This has been included in Article 9, Miscellaneous Provision~

* The 1945 Constitution contains 16 articl~ and 300 paragraphs

while the Commissions proposal contains only 9 articles and

201 paragraphs.

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~

'

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FOOTNOTES

1Recent Constitutional Revision Activities, (March, 1969), p. l.

2 Ibid.

3Maddox, Lester G., 11 Inaugural Address, 11 Journal of the
House of Representatives, (1967), p. 85; Senate Resolution 10 (Ga. Laws 1969 p. 1100).

4state Constitutional Provisions Affectin (May, 1967 , p. 4.

islatures,

5Graves, W. Brooke, ed., State Constitutional Revision, (1967), p. 142.

6Recent Constitutional Revision Activities, (March, 1969),
p. 6.

7Graves, op. cit.

8Arnall, Ellis, A 11 People's Constitution. 11 Messages and Addresses of Governor Ellis Arnall, (1946L p. 141.

9 Ibid.

10 Ibid.

11 Toombs v. Fortson, 379 U. S. 621. Vacated the district Court's decree prohibiting the placing of the Proposed Con-
stitution on the 1964 Election Ballot.

12 senate Resolution 10 (Ga. Laws 1969 p. 1100) provides 11 the Commission shall make a report of its findings and
recommendations, which report shall be accompanied by proposed legislation. 11

13 (1) Bill of Rights (and Misc.) (2) Judicial Branch (3) Legislative Branch
(4) Executive Branch (5) Public Finance (6) Education (7) Counties and Mun. Corp. (8) Policy and Drafting*

Hon. Charles J. Bloch, Chrm. Sen. Julian Webb, Chrm.
Rep. J. Roy McCracken, Chrm. Sen. Frank E. Coqgin, Chrm.
Rep. Thomas B. Murphy, Chrm. Hon. Henry G. Neal, Chrm.
Hon. Harold Sheats, Chrm. Gov. Lester Maddox, Chrm.

*Consisted of all committee chairmen plus the Governor, the Lieutenant Governor, the Speaker, the Attorney
General, and the Legislative Counsel.

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BIBLIOGRAPHY Arnall, Ellis. A 11 People's Constitution. 11 Messages and
Addresses of Governor Ellis Arnall, Atlanta: Executive Department, State of Georgia, 1946. Grad, Frank P. The State Constitution: Its Function and Form for Our Time, New York: National Municipal League, 1968. Maddox , Lester G. 11 In augur a 1 Address . '' Journal of the House of Representatives, Atlanta: House of Representatives, 1967. Modernizing State Government, New York: Committee for Economic Development, 1967. Recent Constitutional Revision Activities, Chicago: The Council of State Governments, 1969. Saye, Albert B. A Report on Methods of Constitutional Revision and on Recent Developments in the American States, Atlanta: State Commission on Constitutional Revision, 1963. Senate Resolution 10 (1969 Ga. Laws 1100) State Constitutional Provisions Affecting Legislatures. Kansas City: Citizens Conference on State Legislatures, 1967.
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1
TABLE OF CONTENTS

PREAMBLE

ARTICLE 1, BILL OF RIGHTS

1

Section 1

1

Paragraph 1, Origin and Foundation of Government 1

Paragraph 2, Protection the Duty of Government

1

Paragraph 3, Life, Liberty, and Property

2

Paragraph 4, Right to the Courts

2

Paragraph 5, Benefit of Counsel

2

Paragraph 6, Crimination of Self Not Compelled

2

Paragraph 7, Banishment and Whipping

2

Paragraph 8, Double Jeopardy

3

Paragraph 9, Bail, Fines, Punishment, Arrest

3

Paragraph 10, Costs in Criminal Cases

3

Paragraph 11, Habeas Corpus

3

Paragraph 12, Freedom of Conscience

3

Paragraph 13, Appropriations to Churches, Etc.

4

Paragraph 14, Liberty of Speech

4

Paragraph 15, Searches and Seizures

4

Paragraph 16, Slavery and Involuntary Servitude

4

Paragraph 17, Status of the Citizen

4

Paragraph 18, Civil Authority Superior

5

Paragraph 19, Contempts

5

Paragraph 20, Imprisonment for Debt

5

Paragraph 21, Arms, Right to Keep and Bear

5

Paragraph 22, Separation of Powers

5

Paragraph 23, Right to Assemble and Petition

5

Paragraph 24, Citizens, Protection of

6

Paragraph 25, Ex Post Facto and Retroactive Laws 6

Paragraph 26, Homestead Exemptions

6

Section 2

6

Paragraph 1, State Rights

6

Paragraph 2, Powers of Government

7

Section 3, Elections

7

Paragraph 1, Elections by Ballot

7

Paragraph 2, Exercise of Elective Franchise

7

Paragraph 3, Privilege of Electors

8

Paragraph 4, General Election

8

Paragraph 5, Write-in Votes

8

Paragraph 6, Disqualification of Office Holders

8

Section 4, Eminent Domain

8

Paragraph 1, Eminent Domain

8

Paragraph 2, Private Ways, Just Compensation

9

Section 5, Wife 1 s Separate Estate

9

Paragraph 1, Wife 1 S Separate Estate

9

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f

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ARTICLE 2, LEGISLATIVE BRANCH

ll

Section l

ll

Paragraph l, Power Vested in General Assembly

ll

Section 2

ll

Paragraph l, Composition of General Assembly

ll

Paragraph 2, Apportionment of General Assembly

ll

Paragraph 3, Qualifications of Members

12

Paragraph 4, Eligibility

12

Paragraph 5, Election and Terms of Members

12

Paragraph 6, Oath of Members

13

Paragraph 7, Vacancies

13

Paragraph 8, Compensation of Members

14

Section 3

14

Paragraph l, Meeting, Time Limit, Adjournment

14

Paragraph 2, Organization and Procedure

15

Paragraph 3, Quorum

16

Paragraph 4, Contempts, How Punished

16

Paragraph 5, Privilege of Members

17

Section 4, Impeachment

17

Paragraph l, Power to Impeach, Trial

17

Paragraph 2, Judgments in Impeachment

17

Section 5, Passage of Bills, Exercise of Powers

18

Paragraph 1, One Subject Matter Expressed

18

Paragraph 2, Statutes, How Amended

18

Paragraph 3, General Laws, Uniform Operation

18

Paragraph 4, Advertisement of Local Legislation 18

Paragraph 5, Bills to be Read

19

Paragraph 6, When Roll Call Vote Taken

19

Paragraph 7, Journals and Acts

19

Paragraph 8, Majority of Members to Pass Bill

19

Paragraph 9, Acts Signed

20

Paragraph 10, Rejected Bills

20

Paragraph 11, Approval, Veto, Override of Veto

20

Section 6, Revenue Bills and Appropriations

23

Paragraph 1, Bills for revenue

23

Paragraph 2, Submission, Appropriations Bill

23

Paragraph 3, General Appropriations Act

24

Paragraph 4, Appropriations for Specific Sums

25

Paragraph 5, Public Money, How Drawn

26

Section 7

26

Paragraph 1, Incorporation, How Granted

26

Paragraph 2, Recognizan~es

27

Paragraph 3, Salaries of Elected Officials

27

Paragraph 4, Terms of Elected Officials

27

Paragraph 5, Public Utilities, Tariffs, Charges 28

Paragraph 6, Charters Revised or Amended

29

Paragraph 7, Contracts to Defeat Competition

29

Paragraph 8, Regulation of Insurance Companies

29

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1

Page

Paragraph 9, Milk and Dairy Products

29

Paragraph 10, Agricultural Products

30

Section 8, Emergency Powers of General Assembly

31

Paragraph 1, Emergency Powers

31

ARTICLE 3, JUDICIAL BRANCH

32

Section 1, Courts

32

Paragraph 1, Courts Enumerated

32

Paragraph 2, Abolition and Reorganization

32

Section 2, The Supreme Court

33

Paragraph 1, Supreme Court Justices

33

Paragraph 2, Jurisdiction

33

Paragraph 3, Practice of Law

35

Section 3, The Court of Appeals

35

Paragraph 1, Judges, Court of Appeals

35

Paragraph 2, Jurisdiction

36

Section 4, Superior Courts

36

Paragraph 1, Composition

36

Paragraph 2, Tenure, Election, and Terms

37

Paragraph 3, Exclusive Jurisdiction

37

Paragraph 4, General Jurisdiction

37

Section 5, Court of Ordinary

38

Paragraph 1, Courts of Ordinary

38

Paragraph 2, Jurisdiction

38

Paragraph 3, Term of Office

38

Paragraph 4, Duties and Responsibilities

39

Section 6, Qualifications of Justices and Judaes

39

Paragraph 1, Age, Citizenship, Practice of-Law

39

Section 7, Selection and Tenure of Justices and Judaes40

Paragraph l, Election and Tenure

~ 40

Paragraph 2, Vacancies

40

Section 8, Compensation of Justices and Judges

41

Paragraph 1, Salary

41

Paragraph 2, Retirement

41

Section 9, Justices of the Peace

42

Paragraph 1, Justices of the Peace

42

Paragraph 2, Jurisdiction

42

Section 10, Judicial Administration

42

Paragraph 1, Administrator of Courts

42

Paragraph 2, Assignment of Judges

43

Section 11, Venue and Jury Trial

43

Paragraph 1, Venue in Criminal Cases

43

Paragraph 2, Venue in Civil Cases

43

Paragraph 3, Jury Trial

44

Section 12, Discipline, Removal, Retirement

44

Paragraph l, Discipline, Removal, Retirement

44

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1'1

ARTICLE 4, EXECUTIVE BRANCH Section 1, Executive Officers
Paragraph 1, Executive Officers, Terms, Salaries Paragraph 2, Executive Officers, Qualifications Paragraph 3, Other Executive Officers Paragraph 4, Oath of Office Section 2, Duties and Powers of Governor Paragraph l, Executive Powers Paragraph 2, Veto Power Paragraph 3, Provision for Militia Paragraph 4, Suspension of Death Sentences Paragraph 5, Law Enforcement Paragraph 6, Writs of Election Paragraph 7, Information to General Assembly Paragraph 8, Extraordinary Sessions Paragraph 9, Filling Vacancies Paragraph 10, Information from Officers Paragraph ll, Appointments by Governor Section 3, Lieutenant Governor Paragraph l, Election of Lieutenant Governor Paragraph 2, Duties of Lieutenant Governor Paragraph 3, Exercise of Executive Power Section 4, Exercise of Executive Power by Others Paragraph l, Speaker of the House Paragraph 2, Others Section 5, Other Elected Executive Officers Paragraph 1, Duties and Powers Paragraph 2, Great Seal Section 6, District Attorneys Paragraph 1, Number, Term, Vacancies Section 7, Elections Paragraph l, Election of Executive Officers Paragraph 2, Transmission of Election Returns Paragraph 3, Run-off Election Paragraph 4, Other Executive Officers Paragraph 5, Additional Procedures Section 8, Constitutional Boards and Commissions Paragraph 1, Continuation
ARTICLE 5, FINANCE, TAXATION, AND PUBLIC DEBT Section l, Power of Taxation Paragraph 1, Taxati6h, a Sovereign Right Paragraph 2, Public Purposes Only Paragraph 3, Taxing Power Limited Paragraph 4, Classification of Property Paragraph 5, Property Exempt from Taxation Section 2, Purposes and Methods of Taxation Paragraph 1, State Monies to General Fund Paragraph 2, Taxation, What Purposes Exercised

~
45 45 45 45 46 46 46 46 47 47 48 48 48 48 49 50 50 50 51 51 51 52 53 53 54 54 54 55 55 55 56 56 56 57 58 58 58 58
62 62 62 62 63 64 65 69 69 70

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Section 3, Public Debt Paragraph 1, Financing and Investment Commission Paragraph 2, Purposes for Which Contracted Paragraph 3, Bonded Debt Paragraph 4, Sinking Fund Paragraph 5, State Aid Forbidden Paragraph 6, Profit on Public Money Paragraph 7, Certain Bonds Not to be Paid
Section 4, Local Taxation Paragraph 1, Powers of Local Government Paragraph 2, Taxing Districts Paragraph 3, Local Taxation for Education Paragraph 4, Increasing or Removing Tax Rate Paragraph 5, Taxing Power Restricted Paragraph 6, Intergovernmental Contracts Paragraph 7, Local Debt Limitation Paragraph 8, Revenue Obligations
ARTICLE 6, EDUCATION Section 1, Public Education Paragraph 1, Support by Public Funds Paragraph 2, Other than Common Schools Paragraph 3 Section 2, State Board of Education Paragraph 1, Method of Selection Section 3, State School Superintendent Paragraph 1, State School Superintendent Section 4, Board of Regents Paragraph 1, Board of Regents Section 5, Local School Systems Paragraph 1, School Districts Paragraph 2, Boards of Education Paragraph 3, School Superintendents Paragraph 4, Changes in School Boards Paragraph 5, Powers of Board to Contract Section 6, Maintenance, Protection, School Systems Paragraph 1, Maintenance of Existing Systems Paragraph 2, Systems Established Prior to 1877 Section 7, Bequests, Donations, and Grants Paragraph 1, Bequests, Donations, and Grants Section 8, Educational Grants Paragraph 1, Grants for Education Section 9, Special Schools Paragraph 1, Creation, Taxes, and Bonds Paragraph 2, Previous Schools Protected
ARTICLE 7, COUNTIES AND MUNICIPAL CORPORATIONS Section 1, Counties Paragraph 1, Corporate Body, Boundaries Paragraph 2, Counties; Number, New

~
73 73 73 74
75
77 77 78 78 78 79 79
80
81 82
83 88
91 91 91 91 91 92 92
94 94
94 94
96 96 96 96 97 97 97 97 98 98 98 98 98 98 98 99
l 01 1 01 l 01 1 01

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Paragraph 3, Consolidation Paragraph 4, County Lines Paragraph 5, County Sites Changed; Method Paragraph 6, County Officers Paragraph 7, County Commissioners Paragraph 8, Powers of County Government Section 2, Municipal Corporations Paragraph 1, Creation Paragraph 2, Boundaries Paragraph 3, Taxation Section 3, General Provisions Paragraph 1, Home Rule Paragraph 2, Salaries and Benefits of Employees Paragraph 3, Slum Clearance and Redevelopment Paragraph 4, Zoning and Planning Laws Paragraph 5, Transfer of Functions Paragraph 6, Eminent Domain
ARTICLE 8, AMENDMENTS TO THE CONSTITUTION Section 1, Constitution Amended, How Paragraph 1, Proposals to Amend Paragraph 2, Proposal by General Assembly Paragraph 3, Repeal or Amendment of Proposal Paragraph 4, Constitutional Convention
ARTICLE 9, MISCELLANEOUS PROVISIONS Section 1 Paragraph 1, Continuation of Existing Laws Paragraph 2, Continuation of Amendments Paragraph 3, Continuation of Local Amendments Paragraph 4, Interim Provisions Section 2, Existing Boards, Etc. Paragraph 1, Existing Boards, Etc. Section 3, Development Authorities Paragraph 1 Section 4, Effective Date

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101 103 103 103 104 104 107 107 107 107 107 107 108 108 109 109 110
111 111 111 111 112 112
114 114 114 114 115 116 116 116 116 116 117

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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 prosperity 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

SECTION 1

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 2.

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e

c

. t

io
.

n

the

Duty

of

Government.

Protection to person and property is the paramount duty

of government, and shall be impartial and complete.

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Paragraph 3. Life, Liberty, and Property. No

person shall be deprived of life, liberty, or property,

I,

except by due process of law.

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 person, 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 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 Compelled. No person shall be compelled to give testimony tending in any manner to criminate himself.

Paragraph 7. Banishment and Whipping as Punishment for Crime. Neither banishment beyond the limits of the State, nor whipping, shall be allowed as a punishment for crime.

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Paragraph 8. Jeopardy of Life or Liberty More than Once Forbidden. No person shall be put in jeopardy of life or liberty more than once for the same offense, save on his or her 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.
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.
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Paragraph 13. ~ppropriations to Churches. Sects. Etc., Forbidden. No money shall ever be taken from the public Treasury, directly or indirectly~ in aid of any church, sect, or denomination of religionists. or of any sectarian institution.
Paragraph 14. 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 15. Searches, Seizures, Interceptions, 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, and against the unreasonable interception of private communication by any means, 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, the persons or things to be seized, or the communication to be intercepted.
Paragraph 16. Slavery and 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.
Paragraph 17. Status of the Citizen. The social status of the citizen shall never be the subject of legislation.

Paragraph 18. Civil Authority Superior .to Military. The civil authority shall be superior to the military, and no soldier shall, in time of peace, 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 19. Contempts. The power of the Courts to punish for contempt shall be limited by legislative acts.
Paragraph_20. Imprisonment for Debt. There shall be no imprisonment for debt.
Paragraph 21. 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 the power to prescribe the manner in which arms may be borne.
Paragraph 22. 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 herein provided.
Paragraph 23. 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.
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Paragraph 24. 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.
Paragraph 25. Attainder, Ex Post Facto and Retroactive Laws, Infringement of Contracts, Special Privileges. No bill of attainder, ex post facto law, retroactive law, or law impairing the obligation of contracts, or making irrevocable grant of special privileges or immunities, shall be passed.
Paragraph 26. Homestead Exemptions. The General Assembly shall protect by law from levy and sale a portion of the homestead of the citizens in an amount of not less than $1,600.00 and shall have authority to define a homestead and 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 2 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.
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Paragraph 2. Powers of Government. The enumeration in this Constitution of specified powers and functions shall be construed neither as a grant of nor as a limitation on the powers of state government, but the state government shall have all of the powers not denied by this Constitution or by or under the Constitution of the United States.
SECTION 3 ELECTIONS
Paragraph 1. Elections by Ballot; Elector Defined. In all elections by the people, the electors shall vote by secret ballot. Every citizen of this State at least 18 years of age 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 or nomination of candidates, but the General Assembly may by law establish: (1) minimum periods of residence not in excess of one year; (2) reasonable requirements of literacy and education; (3) disqualifications for voting for mental incompetency or conviction of crime.
Paragraph 2. General Assembly to Prescribe for Exercise of Elective Franchise. The General Assembly shall by law provide for the registration of all electors, insure secrecy in voting, deff~e residence for voting purposes, provide for the manner and place of voting, and provide for the administration of elections and the nomination of candidates.
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Paragraph 3. Privilege of Electors from Arrest. Electors shall, in all cases, except for treason, felony, theft, and breach of the peace, be privileged from arrest during their attendance at 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 Monday in November.
Paragraph 5. Write-in Votes. No person elected on a write-in vote shall be eligible to hold office unless notice of his intention or candidacy was given ten or more days prior to the election by the person to be a write-in candidate, or by some other person or group of persons qualified to vote in the subject election in the manner as provided by general law.
Paragraph 6. Disqualification of Persons to Hold Office. The General Assembly may provide that no person who has been convicted of a crime, who is mentally incompetent, or who is the holder of public money illegally shall be eligible to hold any office or appointment of honor or trust in this State.
SECTION 4 EMINENT DOMAIN Paragraph 1. Eminent Domain. The exercise of the right of eminent domain shall never be abridged, nor so construed as to prevent the General Assembly from taking property and franchises and subjecting them to public
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use. The power of eminent domain having been granted to counties, municipal corporations, and school districts under Article 7, Section 3, Paragraph 6, the General Assembly is hereby authorized to grant the power of eminent domain to any other political subdivision, public corporation, or public utility to be exercised only for public purposes.
Paragraph 2. Private Ways, Just Compensation. In case of necessity, private ways may be granted upon just compensation being first paid by the applicant. Private property shall not be taken or damaged for public purposes without just and adequate compensation being first paid, except that when private property is taken or damaged for public road and street purposes by the State, the counties, an~ the municipal corporations of the State, 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.
SECTION 5 WIFE'S SEPARATE ESTATE
Paragraph 1. Wife's Separate Estate. All property of the wife at the time of her marriage, all property given to her, all property inherited by her, and all
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property acquired by her shall remain her separate property and shall not be liable for the debts of her husband.
(END OF ARTICLE 1)
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ARTICLE 2 LEGISLATIVE BRANCH
SECTION 1 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 House of Representatives. Each house shall determine its rules of procedure.
SECTION 2 Paragraph 1. Composition of General Assembly. (a) Senate. The Senate shall consist of no less than 50 and no more than 60 Senators, as determined by the General Assembly, and one Senator shall be elected from each district. , (b) House of Representatives. The House of Representatives shall consist of no less than 150 and no more than 195 members elected from districts as determined by the General Assembly, except that no more than four representatives may be elected from any one district. Paragraph 2. Apportionment of General Assembly. The apportionment of the Senate and of the House of Representatives shall be changed by the General Assembly, if necessary, at its first session after each United States decennial census becomes official. No reapportionment pursuant to this Sectiorl'shall affect any then incumbent member of either house and such members may continue
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to serve during the remainder of the term for which they were elected.
Paragraph 3. Qualifications of Members of General Assembly. At the time of their election, the members of the General Assembly shall be citizens of the United States, shall be at least 21 years of age, shall have been citizens of this State for at least two years, and shall have been residents of the territory embraced within the district from which elected for at least one year.
Paragraph 4. Eligibility. 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 members of the National Guard or Reserve Armed Forces, 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 5. Election and Terms of Members. Members of the Senate and House of Representatives shall be elected by the electors of their respective districts.
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At the next general election following the effective date of this Constitution, Senators from the odd-numbered districts shall be elected for terms of two years and Senators from the even-numbered districts shall be elected for terms of four years. Thereafter, all Senators shall be elected for terms of four years. At the next general election following the effective date of this Constitution, not less than two-fifths and not more than three-fifths of the members of the House of Representatives shall be elected for terms of two years and the remainder shall be elected for terms of four years. Thereafter, all Representatives shall be elected for terms of four years. The General Assembly shall provide by law the procedure for determining which Representatives are elected for two years and which for four years at such next general election.
Paragraph 6. Oath of Members. Each Senator and Representative, before taking his seat, shall take the following oath, or affirmation, to wit: I11 will support the Constitution of this State and of the United States, and on all questions and measures which may come before me, I wil1 so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State. 11
Paragraph 7. Vacancies. When a vacancy occurs in . ,.
the General Assembly it s~all be filled as provided by law. The seat of a member of either house shall be vacant upon the removal of his legal residence from the
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district from which he was elected.
Paragraph 8. Compensation of Members. The members of the General Assembly shall receive an annual salary and such allowances as may be prescribed by law, but any increase or decrease in the amount of such salary shall not apply to the General Assembly which enacted the same.
SECTION 3 Paragraph 1. Meeting, Time Limit, and Adjournment. The General Assembly shall meet in regular session annually on the first Monday in February of each year and no such session shall extend beyond the last day of May. Each regular annual session shall be a separate session and all bills and resolutions pending in the Senate and House of Representatives at the adjournment of any such session shall not be carried forward to any later session. The General Assembly shall provide by law for the length of regular sessions and whether they shall be conducted on the basis of calendar days, legislative days, or a combination thereof. Such law shall also provide the procedure relative to adjournments of the General Assembly and each house thereof. Such law and any amendment thereto shall not become effective ~ntil the next regular session following the session at which such law or amendment is enacted. Such law and any amendment thereto shall not be subject to veto by the Governor. The pro-
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visions of the 1945 Constitution, as amended, relative to the above shall remain in effect until the session at which the aforesaid law becomes effective.
Paragraph 2. Organization and Procedure. (a) The Senate and the House of Representatives shall each organize in the odd-numbered years and shall be deemed a different General Assembly for each two-year period. (b) Election, Returns, Etc.; Disorderly Conduct. Each house shall be the judge of the election, returns, and qualifications of its members and shall have power to punish them- for disorderly behavior or misconduct, by censure, fine, imprisonment, or expulsion, but no member shall be expelled except by a vote of two-thirds of the house to which he belongs. (c) President of the Senate. The presiding officer of the Senate shall be styled the President of the Senate. (d) 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 viva voce from the membership of the House of Representatives by a majority of its membership. (e) Officers, Empl~yees, and Committees of the Two Houses. In addition to the President of the Senate and the Speaker of the House of Representatives, the
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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 Speaker Pro Tempore of the House of Representatives shall be elected viva voce from the membership of their respective houses and such officers and the Secretary and Clerk shall be elected 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. 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 or pursuant to authority of the General Assembly or either house.
Paragraph 3. Quorum. A majority of each house 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 4. 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, or
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who shall rescue, or attempt to rescue, any person arrested by order of either house.
Paragraph 5. Privilege of Members. The members of both houses shall be free from arrest during sessions of the General Assembly, or committee meetings thereof, and in going thereto or returning therefrom, except for felony. No member shall be liable to answer in any other place for anything spoken in either house or in any committee of either house.
SECTION 4 IMPEACHMENT
Paragraph l. Power to Impeach, Trial of Impeachments. The House of Representatives shall have the sole power to vote impeachment charges against any person who shall have been or may be in office, and the Senate shall have the sole power to try impeachments. The General Assembly is hereby authorized to provide by law for the procedure for voting impeachment charges and trying impeachments. Such law may also provide that the Chief Justice of the Supreme Court shall preside over impeachment trials. No person shall be convicted without the concurrence of twothirds of the membership of the Senate. If an impeachment trial is pending at the end of any regular or extraordinary session, the Senate may continue in session untilsuch trial is completed.
Paragraph 2. Judgments in Impeachment. In cases of j'
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
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or to receive a pension therefrom, but no such judgment shall relieve any party from any criminal or civil liability.
SECTION 5 PASSAGE OF BILLS AND EXERCISE OF POWERS Paragraph 1. One Subject Matter 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. Paragraph 3. General Laws, Uniform Operation, Limitation on Local Laws. Laws of a general nature shall have uniform operation throughout the State, and, except as otherwise provided in this Constitution, no local or special law may be enacted in any case for which provision has been made by general law. Paragraph 4. Advertisement of Notice to Introduce Local Legislation. The General Assembly shall provide by law for the advertisement of notice of intention to introduce local or special bills.
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Paragraph 5. Bills to be Read. The title of 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 such bill or resolution shall be voted upon, but the third reading of general bills and resolutions shall be in their entirety. At the desire of a majority of a quorum, the third reading of any general bill or resolution shall be by title only.
Paragraph 6. When Roll Call Vote 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. Whenever the Constitution requires a vote of two-thirds of either or both houses for the passage of a bill or resolution, the yeas and nays on the passage or rejection thereof shall be entered on the journal.
Paragraph 7. 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 8. Majority of Members to Pass Bill. No bill shall become law unless it shall receive a majority of the votes of ~11 the members elected to each house of the General Assembly, and such vote shall so appear on the journal of each house.
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Paragraph 9. Acts Signed. A11 acts sha 11 be signed by the President of the Senate and the Speaker of the House of Representatives.
Paragraph 10. 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 regular or extraordinary session at which it was rejected without the concurrence of two-thirds of the membership of the house by which the same was rejected.
Paragraph 11. Approval, Veto, Override of Veto, and Effective Date of Bills and Resolutions.
(a) All bills and all resolutions intended to have the effect of law which have been passed by the General Assembly shall become law if the Governor approves or fails to veto the same within 15 days from the date of passage unless the General Assembly adjourns sine die prior to the expiration of said 15 days. Each resolution or bill shall be transmitted to the Governor no later than the third day after its passage by the General Assembly.
(b) In the case of such adjournment sine die prior to the expiration of said 15 days from the date of passage of a bill or resolution, the same shall become law if approved or not vetoed by the Governor within 30 days from the date of such adjournment.
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----------.
(c) The Governor shall have the duty to transmit any bill or resolution vetoed by him, together with his reasons for such veto, to the presiding officer of the house wherein it originated within two days, excluding Saturdays and Sundays, from the date of veto if the General Assembly is in session and within thirty-five days from the date of adjournment sine die of the General Assembly if adjourned prior to the expiration of said two days.
(d) Upon motion adopted by such house after receipt of such vetoed bill or resolution before adjournment, such bil1 or resolution shall be immediately considered for the purpose of overriding the veto. The General Assembly may reconvene on the first Monday following the thirty-fifth day after adjournment sine die upon the joint call of the President of the Senate and the Speaker of the House of Representatives for the purpose of considering any bills and resolutions vetoed by the Governor and transmitted to the proper presiding officer a f t e r a dj our nme nt s i ne d i e . I f t he pr e s i di ng of f i cer s of the Senate and House of Representatives elect not to reconvene the General Assembly for the purpose of considering any bills and resolutions vetoed by the Governor and transmitted to the proper presiding officer after adjournment sine die, such vetoed bills and resolutions shall be considered within the first ten days of the following session of the General Assembly upon a motion being adopted by the house 'in which the vetoed bill or resolution originated, and such bill or resolution shall
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be considered immediately for the purpose of overriding the veto.
(e) If two-thirds of the members elected to such house vote to override the veto of the Governor on any bill or resolution, the same shall be immediately transmitted to the other house wherein such bill or resolution shall be immediately considered for the purpose of overriding such veto. Upon the vote to override the veto by two-thirds of the members elected to such other house, such bill or resolution shall become law. If either house shall fail to override the Governor 1 s veto, neither house shall again consider such bill or resolution for the purpose of overriding such veto.
(f) The Governor may approve any appropriation and veto any other appropriation in the same bill and any appropriation vetoed shall not become law unless such veto is ~verridden in the manner herein provided.
(g) The Governor shall not have the power to veto any proposal by the General Assembly to provide a new Constitution or to amend this Constitution.
(h) The General Assembly shall provide by law for the determination of the effective date of any bill or resolution approved by the Governor or becoming law without his approval.
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SECTION 6 REVENUE BILLS AND APPROPRIATIONS 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. Preparation, Submission, and Enactment of General Appropriations Bill. (a) The Governor shall submit to the General Assembly within five days after its convening in regular sessio~ of each 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 law, which shall provide for the appropriation of the funds necessary to operate all the various departments and agencies and to meet the current expenses of the State for the next fiscal year. (b) The General Assembly shall annually appropriate the funds necessary to operate all the various departments and agencies and to meet the current expenses of the State for the next fiscal year. The fiscal year of the State shall commence on the .first day of July of each year and terminate on the thirtieth day of June following. (c) The General Assembly shall by general law provide for the regulation and management of the finance and fiscal administration of the State.
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Paragraph 3. 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 fiscal year 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 the 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. (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 of Georgia are hereby continually appropriated in the exact
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amounts and for the purposes authorized and directed by the federal government in making the grant.
(e) The General Appropriations Act shall embrace nothing except appropriations fixed by previous laws, the ordinary expenses of the executive, legislative, and judicial departments of the government, payment of the public debt and interest thereon, and for support of the public institutions and educational interests of the State.
Paragraph 4. 8ppropriations 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 l of each year following, for all activities incident to providing and maintaining an adequate system of public roads and bridges in this State, as authorized by Jaws enacted by the General Assembly of Georgia; and for grants to counties for aid in county road construction and maintenance, as provided
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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 and 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 all the rules, regulations, and restrictions imposed on 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; provided, however, that 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. Public Money, How Drawn. No money shall be drawn from the Treasury except by appropriation made by law.
SECTION 7
Paragraph l. Incorporation, How Granted. The General Assembly shall have no power to grant incorporation to private companies or private associations, but
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it shall prescribe by law the manner in which such companies or associations may obtain incorporation, provided that all corporate powers and privileges to banking, trust, insurance, railroad, canal, navigation, express, telegraph, and telephone companies shall be issued and granted by the Secretary of State in such manner as is now or shall be prescribed by the General Assembly. Nothing in this section shall impair the validity of any incorporation statutes enacted in accordance with any prior Constitutions of this State or impair the existence of any corporation formed pursuant to any such statutes.
Paragraph 2. Recognizances. The General Assembly shall no power to relieve principals or securities upon forfeited recognizances from the payment 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 3. Salaries of Elected Officials. The General Assembly may provide for the compensation of all elective officers provided for in this Constitution and change the same, but no change diminishing the amount of such compensation shall become effective before the end of the term of office which the affected official is serving when such change is made.
Paragraph 4. Terms of Elected Officials. No office to which a person has been el~cted shall be abolished, nor the term of the office shortened or lengthened by
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local or special bill during the term for which such person was elected unless the same be approved by the people of the jurisdiction affected in a referendum on the question.
Paragraph 5. Public Utilities, Tariffs and Charges, Rebates.
(a) The power and authority of regulating railroad freight and passenger tariffs and charges of public utilities for their services, or preventing unjust discriminations, and of requiring reasonable and just rates for freight and passenger tariffs and charges of public utilities, is 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 municipal corporation of this State, except as provided in this Constitution.
(b) 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.
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Paragraph 6. Charters Revised or Amended Subject to Constitution. The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, nor alter or amend the same, nor pass any other general or special law for the benefit of said corporation, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution, and 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 7. 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 8. Regulation of Insurance Companies. The General Assembly shall provide by law for the regulation of foreign and domestic insurance companies doing business in this State.
Paragraph 9. Milk and Dairy Products, Including Substitutes and Imitations. Due to the nature of the products and in order to protect the public, said products being affected with a public interest, the General Assembly is hereby authori~ed to provide by law for such control and regulation as it deems advisable over milk and dairy products, including substitutes and imitations, and delegate such of its powers in connection therewith as it deems advisable.
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Paragraph 10. Agricultural Products. The General Assembly may provide for the promotion of the production, marketing, sale, use and utilization, processing, a nd i mpr ovem e nt of a ny one --() r a 11 of t he a gr i c ul t ur a1 products including, but not limited to, registered livestock and livestock products, poultry and poultry products, timber and timber products, fish and seafood, and the products of the farms and forests of this State. The General Assembly may provide for the promotion of such products individually, collectively, or in any combination thereof. The General Assembly may provide that such a program including provisions for quality or product control or both may be instituted, continued, or terminated by a specified vote of the producers of the product or products affected participating in a referendum submitting such proposal for their approval. The General Assembly may create instrumentalities, public corporations, authorities, and commissions to administer such programs and may provide a means of financing any such promotion by authorizing such bodies to impose, raise, lower, or repeal assessments, fees, or other charges upon the sale or processing of the affected products, and to collect the same, after approval by a specified vote of the producers of the affected product in a referendum and 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
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General Assembly may provide for the supervision of any such program by the Department of Agriculture. The uniformity requirement of this Constitution shall be satisfied by the application of the program upon the affected products.
SECTION 8 EMERGENCY POWERS OF THE GENERAL ASSEMBLY Paragraph l. The General Assembly, in order to insure continuity of State and local governmental operations in periods of emergency resulting from disasters caused by enemy attack, shall have the power and the immediate duty: (a) To provide for prompt and temporary succession to the powers and duties of persons holding office in the executive, judicial, and legislative branches of state and local government, whether filled by election or appointment, and the incumbents of which m~y become unavailable for carrying on the powers and duties of such offices during such emergency; and (b) To adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations during such emergency, including but not limited to the suspension of any or all constitutional legislative rules.
(END OF ARTICLE 2)
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ARTICLE 3 JUDICIAL BRANCH
SECTION 1 COURTS
Paragraph 1. Courts Enumerated. The judicial power of the State shall be vested exclusively in a unified judicial system which shall consist of one Supreme Court, one Court of Appeals, Superior Courts, and Courts of Ordinary, together with other existing Courts until such other existing Courts are abolished as provided in Paragraph 2 hereof. However, the General Assembly may provide for Courts having jurisdiction to commit for State offenses and to try violations of municipal ordinances only.
Paragraph 2. Abolition of Existing Courts and Reorganization of Superior Courts and Courts of Ordinary. Other existing Courts, mentioned in Paragraph 1 hereof, shall be continued in existence until abolished by the General Assembly. The General Assembly may abolish any such other existing Court, and when so abolished, its jurisdiction and powers shall vest in an existing Court or in the Superior Court of the circuit wherein it was located, as may be provided by law. The General Assembly may, as need arises, provide for one or more Associate Judges of any Superior Court or Court of Ordinary. The Chief Judge of the respective Superior Courts or the Judge of the Courts of Ordinary
32 -

shall exercise supervision over all such Associate Judges in their respective Courts and may by order establish divisions of their respective Courts, assign Associate Judges to preside in one or more of the divisions, and provide fot. the orderly and efficient disposition of the Courts business through the divisions. The qualifications of Associate Judges of the Superior Court and Courts of Ordinary, the manner of selection, retirement, removal, and term of office shall be the same as prescribed for Judges of such respective Courts. The compensation shall be that prescribed by general law, but such provisions as to compensation may be made without regard to uniformity.
SECTION 2 THE SUPREME COURT Paragraph l. 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 of the Court shall constitute a quorum. Paragraph 2. Jurisdiction. (a) Original Jurisdiction. Except as herein provided, the Supreme Court~shall have no original juris-
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diction, but shall be a court for the trial and correction of errors of law in the manner prescribed by law, and shall have power to issue all writs necessary or appropriate in the exercise of its appellate jurisdiction and in the performance of its duties, including the power to grant supersedeas at any time after the notice of appeal is filed in the trial court. The Supreme Court shall have original and exclusive jurisdiction upon petition of at least three of the elected executive officers named in this Constitution to determine the disability of the Governor or other person legally exerc~sing the chief executive powers of the State and shall retain jurisdiction of said matter for the purpose of determining the cessation of disability.
(b) Appellate Jurisdiction. The Supreme Court shall have exclusive jurisdiction of appeals from the Superior Courts and such nther Courts as were heretofore authorized by law in cases that involve the construction of the Constitution of the State of Georgia, or of the United States, or of treaties between the United States and foreign governments; in all cases in which the constitutionality of any law of the State of Georgia or of the United States is drawn in question; and until otherwise provided by law, in all cases respecting title to land; in all equity cases; in all cases which involve the validity of or the construction of wills; in all cases Qf conviction of a capital felony; jn all habeas corpus cases; in all cases involving extraordinary
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remedies; and in all questions certified to it by the Court of Appeals for its determination. The Supreme Court shall have power to require any case to be certified 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 decisions of the Supreme Court shall bind all other courts of this State as precedent.
Paragraph 3. Practice of Law. 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, including the power to review determinations relating to the discipline of members of the bar.
SECTION ~ THE COURT OF APPEALS
Paragraph l. 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 its 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.
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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 and in the performance of its duties, including the power to grant supersedeas at any time after the notice of appeal is filed in the trial Court. (b) Appellate Jurisdiction. The Court of Appeals, in all cases in which such jurisdiction has not been conferred by this Constitution upon the Supreme Court, shall have jurisdiction of appeals from the Superior Courts and other existing Courts, as may be provided by law. (c) Certifications to Supreme Court for Determination. The Court of Appeals may certify a question or questions to the Supreme Court for answer or determination and shall do so in the event of an equal division between the Judges of the Court of Appeals.
SECTION 4 SUPERIOR COURTS Paragraph 1. Composition. There shall be such number of judicial circuits with such number of Superior Court Judges therein as may be prescribed by the General Assembly from time to time.
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Paragraph 2. Tenure, Election, and Terms of Judges of the Superior Courts.
(a) Tenure. Judges of the Superior Court shall hold office for a term of four years and until their successors are elected and qualified.
(b) Election, When to be Held. The successors to the present and subsequent incumbents shall be elected by the electors of their circuits entitled to vote for members of the General Assembly, at the general election next preceding the expiration of their respective terms ..
(c) 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.
Paragraph 3. 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 4. 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. They 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 this Constitution or by law. The
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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. The Judges of said Courts may, on reasonable notice to the parties, at any time, in vacation, at chambers, hear and determine, by interlocutory or final judgment, any matter or issue, where a jury verdict is not required, or may be waived.
SECTION 5 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 a Judge of the Court of Ordinary whose qualifications shall be prescribed by law. The Ordinaries of the several counties shall serve as the Judges of the respective Courts of Ordinary until the general election following the effective date of this Constitution. Paragraph 2. Jurisdiction. The Courts of Ordinary shall have jurisdiction of probate matters, and such other jurisdiction and powers as may be conferred upon them by law. Paragraph 3. Term of Office. The Judge of the Court of Ordinary shall hold office for the term of four years and until his successor is elected and qualified.
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L

Paragraph 4. Duties and Responsibilities. The Judges of the several Courts of Ordinary shall perform all the duties and responsibilities of the Ordinaries of the respective counties as may be provided by law at the time of the effective date of this Constitution until otherwise provided by law. Said Judges of the several Courts of Ordinary may delegate all duties and responsibilities of the Ordinary as so provided by law, except such matters as may be specifically provided for the several Courts of Ordinary, to a clerk of the Court of Ordinary by proper order entered upon the minutes of said Court.
SECTION 6 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 Superior Courts, unless at the time of the beginning of the term of office to which he was elected or appointed he shall have attained the age of thirty years, shall have been a citizen of and practiced law in the State of Georgia for ten 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.
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j

SECTION 7 SELECTION AND TENURE OF JUSTICES OF THE SUPREME COURT,
JUDGES OF THE COURT OF APPEALS, AND JUDGES AND ASSOCIATE JUDGES OF THE SUPERIOR COURTS
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 six years and until their successors are elected and qualified. They shall be elected by the electors of the entire State entitled to vote for members of the General Assembly at the general election next preceding the expiration of their respective terms.
Paragraph 2. Vacancies. The Governor shall fill by appointment each vacancy in the office of Justice of the Supreme Court, Judge of the Court of Appeals, and Judge and Associate Judge of the Superior Court. The person appointed shall hold office until the first day of January next following the election and qualification of his successor. At the next regular general election held more than thirty days from the time such vacancy occurs, a successor for the unexpired term shall be elected. Judicial nominating commissions may be established by law, and appointments to judicial office may be limited to nominees of such commissions.
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SECTION 8 COMPENSATION OF JUSTICES OF THE SUPREME COURT, JUDGES
OF THE COURT OF APPEALS, JUDGES OF THE SUPERIOR COURTS, AND JUDGES OF COURTS OF ORDINARY
Paragraph 1. Salary. The compensation of Justices of the Supreme Court and Judges of the Court of Appeals and the Superior Courts shall be fixed by statute and shall not be reduced during the term for which the Justice or Judge was appointed or elected. Compensation of Judges of the Courts of Ordinary shall be as the General Assembly may provide. Compensation for Ordinaries for the several counties of this State provided by law at the time of the ratification of this Constitution shall be the cumpensation of the several Judges of the Courts of Ordinary in each county respectively until changed by law.
Paragraph l. Retirement.
(a) The General Assembly may provide by law for the retirement, including compulsory retirement, of Justices of the Supreme Court, Judges of the Court of Appeals, Judges of the Superior Courts, and Judges of the Courts of Ordinary, and may provide survivors' benefits for their widows and other dependents; provided, compulsory retirement shall not be fixed at less than 72 years of age.
(b) Judges of the Courts of Ordinary shall be eligible for membership a~d participation in the Ordinaries' Retirement Fund of Georgia heretofore provided for Ordinaries and their widows and as may hereafter be provided by law.
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SECTION 9 JUSTICES OF THE PEACE Paragraph 1. Justices of the Peace. There shall be one Justice of the Peace in each militia district, whose official term, except when elected to fill an unexpired term, shall be for four years, provided, however, that the General Assembly may, in its discretion, without regard to uniformity, abolish the office of Justice of the Peace in any county or militia district. Paragraph 2. Jurisdiction! Justices of the Peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed two hundred dollars ($200.00), and shall sit monthly at fixed times and places but in all cases there may be an appeal to a jury in said Court, or an appeal to the Superior Court under such regulations as may be prescribed by law. The General Assembly is hereby authorized to grant, by general law, to Justices of the Peace other powers and duties not inconsistent with the provisions of this Constitution.
SECTION 10 JUDICIAL ADMINISTRATION Paragraph 1. Administrator of Courts. The Supreme Court shall be the executive head of the judicial system and may appoint an administrator of the Courts and such assistants as it deems necessary to aid the admini.stration of the Courts of t~e State.
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Paragraph 2. Assignment of Judges. The Supreme Court shall have the power in the manner provided by its rules to assign any Justice or Judge, including retired and emeritus Justices or Judges, of the State to sit in any State Court when any Justice or Judge thereof is disqualified or incapacitated and in any other case where the Supreme Court deems such assignment necessary to aid the prompt disposition of judicial business.
SECTION 11 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 shall be changed as may be provided by law; provided, however, that venue shall not be changed in any case unless such change is requested by the defendant. To the end that no crime may go unpunished, the venue for the trial of criminal cases where the county of commission cannot be ascertained or where the crime was committed in two or more counties shall be as may be prescribed by law. Paragraph 2. Venue in Civil Cases. All civil cases shall be tried in the county where the defendant resides unless otherwise provided by law.
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Paragraph 3. Jury Trial. The right of trial by jury, 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. The Court shall render judgment without the verdict of a jury in all civil cases where no issuable defense is filed, except as otherwise provided in this Constitution, and subject to the right of trial by jury on written demand of either party; provided, however, that nothing contained herein shall be construed so as to prevent the General Assembly from providing for summary judgments and directed verdicts. The parties may waive a jury trial, but in all criminal cases, such waiver must be in writing.
SECTION 12 DISCIPLINE, REMOVAL, AND INVOLUNTARY RETIREMENT Paragraph 1. Discipline, Removal, and Involuntary Retirement. The Supreme Court shall provide by rule the procedure and method for the discipline, removal, and involuntary retirement of Justices of the Supreme Court, Judges of the Court of Appeals, Judges and Associate Judges of Superior Courts, Judges of the Courts of Ordinary, and Judges of any other Courts of this State. This section is cumulative with the methods of removal elsewhere provided in this Constitution.
(END OF ARTICLE 3)
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ARTICLE 4 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, Treasurer, Commissioner of Agriculture and Consumer Affairs, Commissioner of Labor, and Comptroller General, each of whom shall hold office for a term of four years and until his successor is elected and qualified. Such officers 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 any elective executive office of this State unless he shall have been a citizen of the United States for at least fifteen years and shall have resided in this State at least six years immediately preceding the time of the beginning of the term of office to which he was elected or the time of his appointment and shall be at least thirty years, and not more than seventy years, of age when elected. No person shall be elected or appointed Attorney General unless
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at the time of the beginning of the term of office to which he was elected or the time of his appointment he shall have practiced law in this State for at least ten years and shall be qualified at the time of his election or appointment to practice law in the Courts of this State. The Governor shall not be eligible to succeed himself and shall not be eligible to hold such office until after the expiration of four years from the conclusion of his term of office. The General Assembly shall have the authority to prescribe additional qualifications for all elected executive officers.
Paragraph 3. Other Executive Officers. The General Assembly shall have the power, not inconsistent with the provisions of this Constitution, to create other executive officers not provided for in this Constitution and prescribe each of such officer 1 s respective qualifications, duties, authority, compensation, term, and method of appointment or selection.
Paragraph 4. 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.
SECTION 2 DUTIES AND POWERS OF GOVERNOR Paragraph l. Executive Powers. The chief execu-
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tive powers shall be vested in the Governor. The other executive officers shall have such powers as may be prescribed by law, not inconsistent with the powers of the Governor as the chief executive officer of the State.
Paragraph 2. Veto Power. Except as otherwise provided herein, the Governor shall have the right to review all bills and all resolutions intended to have the effect of law which have been passed by the General Assembly before they shall become law. He may veto, approve, or take no action on any such bill or resolution. In the event the Governor vetoes any such bill or resolution, the General Assembly may by a two-thirds vote, override such veto as provided in Article 2, Section 5, of thris Constitution.
Paragraph 3. 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 who shall be Commander-in-Chief of the militia. 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 initi.ation of charges and subsequent procedures thereon, and rules of evidence, venue, and all
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other mat~~ necessary and proper for the maintenance of a well-regulated and disciplined militia.

Paragraph 4. Suspension of Death Sentences. The

Governor shall have power to suspend the execution of a sentence of death 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

l
'

power of such Board, or for any other purposes which may

be deemed necessary by the Governoi. 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, c~mmute the sen-

tence, direct its execution, or grant a further reprieve.

Paragraph 5. Law Enforcement. The Governor shall take care that the laws are faithfully executed and shall be the conservator of the peace throughout the State.

Paragraph 6. Writs of Election. The Governor

shall issue writs of election to fill all vacancies that

may occur in the Senate and the House of Representatives,

where such vacancy would cause a district to be without

full representation in a session of the General Assembly.

The General Assembly shall provide by law the procedure

relative to the issuance of such writs and the election

f

to fill such vacancies.

I

Paragraph 7. Information and Recommendations to

the General Assembly. The Governor shall give the General

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Assembly, at the beginning of each regular session and from time to time, information of the state of the State and recommend to its consideration such measures as he may deem necessary or expedient.

Paragraph 8. 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 or in any amend-

ment to such proclamation. It shall be mandatory upon

the Governor to convoke the General Assembly in extra-

ordinary session for all purposes whenever three-fifths

of the members elected to each house certify to him, with

a copy to the Secretary of State, that in their opinion

an emergency exists in the affairs of the State. Should

the Governor fail to so do within three 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

t

there shall be pending an impeachment trial, in which

'

event the Senate shall be authorized to remain in session until such trial is completed.

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Paragraph 9. Filling Vacancies. Unless otherwise provided for in this Constitution, the General Assembly is hereby authorized to provide by law the manner in which a vacancy in any public office shall be filled. If no provision therefor is made in this Constitution or by law, when any office shall become vacant, the Governor shall appoint a person to fill such vacancy for the unexpired term.
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. The General Assembly shall have the authority to provide by law for the suspension of any constitutional 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 the same.
Paragraph 11. Appointments by Governor, Method, Rejection, Failure to Submit. The Governor shall make such appointments as he is or may be authorized to do by this Consittution or by law. All such appointments to offices or positions created by this Constitution or by law, unless otherwise specifically pro~ided in this Constitution or by law, shall be submitted by the Governor to the Senate for confirmation or rejection within ten days after the General Assembly next convenes in regular session, or, if the General Assembly is in regular
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session when the appointment is made, not less than ten days before the end of such session, or if made within ten days of adjournment, then not later than the day after such appointment. No person after being rejected by the Senate shall again be appointed to the same office for a period of at least one year after the date the Senate failed to confirm such appointment. The failure of the Governor to send to the Senate the name of any person appointed to office as herein provided shall be equivalent to a rejection thereof. The failure of the Senate to confirm or reject the appointment of any person whose name is submitted to the Senate as herein provided shall be equivalent to a confirmation thereof. No Governor, after his successor is elected, shall submit appointments to the Senate prior to the time his successor takes office.
SECTION 3 ELECTION AND DUTIES OF LIEUTENANT GOVERNOR Paragraph 1. Election of Lieutenant Governor. The Lieutenant Governor shall be elected at the same time and for the same term as the Governor. Paragraph 2. Duties of Lieutenant Governor. The Lieutenant Governor shall be the presiding officer of the Senate and Chairman of its Rules Committee but shall have no vote except to break a tie and shall not be a member of any other committee thereof. He shall perform such other duties as may now or hereafter be prescribed by this Constitution or by law.
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J

Paragraph 3. Exercise of Executiv Power.
(a) In case of the 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 time a successor to the Governor shall be elected for the unexpired term. 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 Govenor for the unexpired term. In case of the disability of the Governor, the Lieutenant Governor shall exercise the executive power and receive the same compensation as the Governor until the cessation of such disability. The General Assembly shall provide by law the amount of compensation which shall be received by a Governor suffering from disability.
(b) In the event the Governor-elect who is elected for a full term, because of death or other reason, does not take office as Governor, the Lieutenant Governor-elect, upon becoming Lieutenant Governor, shall exercise the executive power and receive the compensation of the Governor until the next general election, at which time a successor to the Governor shall be elected for the unexpired term.
(c) In the event the Governor-elect who is elected to fill an unexpired term, because of death or other
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reason, does not take office as Governor, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor for said unexpired term.
SECTION 4 EXERCISE OF EXECUTIVE POWER BY PERSONS
OTHER THAN THE GOVERNOR OR LIEUTENANT GOVERNOR
Paragraph l. Exercise of Executive Power 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 and receive the compensation of the Governor until the next general election, at which time a successor to the Governor shall be elected for the unexpired term. 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 Speaker of the House of Representatives shall exercise executive power and receive the compensation of the Governor for the unexpired term. In case of disability of both the Governor and Lieutenant Governor, the Speaker of the House of Representatives shall exercise the executive power and receive the compensation of the Governor until the disability of one of them is removed.
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Paragraph 2. Exercise of Executive Power by Others. The General Assembly shall provide by law for the devolution of the executive power in the event of the death, resignation, remnval 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 power and receive the compensation of the Governor 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 power and receive the compensation of the Governor only until the election and qualification of a Governor in the manner prescribed by this Constitution.
SECTION 5 DUTIES AND POWERS OF OTHER ELECTED
EXECUTIVE OFFICERS Paragraph l. Duties and Powers of Other Elected Executive Officers. The Secretary of State, Attorney General, Comptroller General, Treasurer, Commissioner of Agriculture and Consumer Affairs, 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
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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 legal 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 the Seal now in use shall be the Great Seal of the State until otherwise provided by law.
SECTION 6 DISTRICT ATTORNEYS
/
Paragraph 1. Number, Term of Office, Vacancies. There shall be a District Attorney for each judicial circuit elected and appointed as necessary in the same manner as the respective circuit Superior Court Judges, who s ha 1--1 represent the State i n a 11 c rim i na l cases i n the Superior Courts of his circuit, and all cirminal cases appealed from the Superior Courts of his circuit to the Court of Appeals and Supreme Court, whose term of office shall be-four years and whose qualifications, limitations, _o_tb e r dut i e s , a nd c om pe ns a t i on s ha l 1 be pres c r i bed by
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J

the General Assembly. Whenever the words 11 S01 icitor general 11 are used in any statute, they shall be held and taken to mean the district attorney.
SECTION 7 ELECTIONS Paragraph 1. Election of Executive Officers. The first election for Governor, Lieutenant Governor, Secretary of State, Attorney General, Comptroller General, Treasurer, Commissioner of Agriculture and Consumer Affairs, and Commissioner of Labor under this Constitution shall be held at the time of the general election in 1974 and quadrennially thereafter on the date fixed by law. All such officers shall be elected in the manner prescribed by the provisions herein, and such officers shall be installed in office on the Tuesday following the first Monday in February following the general election. Paragraph 2. Transmission, Canvassing, and Publishing Election Returns. The returns of each election district in a gubernatorial election shall be sealed by the superintendent thereof separately from other returns and shall be transmitted to the Secretary of State. On the Tuesday next following the general election, unless the date therefor shall be changed by law, the Secretary of State shall transmit said returns to a Constitutional Officers Election Board which shall be composed of the Speaker and Clerk of the House of Representatives, the President Pro Tempore and the Secretary of the Senate, and the chairmen of all standing committees of the General
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Assembly. Such Board shall open and publish the returns, and the person having the majority of the whole number of votes shall be declared duly elected Governor of this State. Each candidate for Governor shall be entitled to designate one person to be present at the opening of the returns.
Paragraph 3. Run-off Election. In the event no gubernatorial candidate receives a majority of the whole number of votes cast in the general election, the Constitutional Officers Election Board shall continue the gubernatorial election by immediately calling a run-off election and designating as candidates therein the two persons who received the highest number of votes, who continue in life and have not declined to continue as a gubernatorial candidate. This run-off election shall be held on the second Tuesday immediately following the general election unless the date thereof shall be changed by law. The run-off election shall be a continuation of the general election and only the electors who were entitled to vote in the general election shall be entitled to vote therein, and only those votes cast for the two persons designated shall be counted in the tabulation and canvass of the votes cast. The provisions relating to the transmission of the returns in the general election, the opening of the returns, their tabulation, canvassing, and publication shall apply to the run-off election. On the Tuesday next following the run-off election, the Constitutional Officers Election Board shall convene, open, canvass, tabulate, and publish the returns of the run-off e1ection. The person having
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the highest number of votes entitled to be counted in the run-off election shall be declared the duly elected Governor of this State.
Paragraph 4. The Secretary of State, Attorney General, Comptroller General, Treasurer, Commissioner of Agriculture and Consumer Affairs, and the Commissioner of Labor shall be elected in the same manner as the Governor. The provisions of the Constitution as to the transmission, tabulation, and canvassing of the returns of the election, run-off elections, contested elections, and declaration of the results of the election, applicable to the election of Governor, shall apply to the election of the above-named executive officers.
Paragraph 5. General Assembly May Provide Additional Procedures. The General Assembly may provide by law for any additional procedures or requirements connected with any subject matter embraced within Paragraphs 2, 3, and 4, of this section and in connection with any contested election, provided such laws are not inconsistent with the provisions therein.
SECTION 8 CONSTITUTIONAL BOARDS AND COMMISSIONS
Paragraph 1. Continuation of Existing Boards and Commissions. All the Constitutional Boards and Commissions listed in this Paragraph, having heretofore been created, are hereby recreated and continued as Constitutional Boards and Commissions. The members of such Boards and Commissions shall consist of those in office at the
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time of the effective date of this Constitution and such members shall serve for the terms theretofore appointed or elected. Appointments for full terms and to fill vacancies on all such Boards and Commissions, except the Public Service Commission, shall be made by the Governor and confirmed by the Senate. Appointments to fill vacancies shall be made for the unexpired term. In addition to such powers and duties as may be prescribed in this Constitution, the General Assembly shall define by law the powers, duties, qualifications, and compensation of the members of such Boards and Commissions and of the Directors, except that the compensation of the members ~f the Public Service Commission and the State Board of Pardons and Paroles shall not be diminished during ~e term of office for which such members were elected or appointed. Such Boards and Commissions shall have such other powers and duties as may be prescribed by 1 aw.
(a) State Board of Pardons and Paroles. The State Board of Pa,rdons and Paroles shall be composed of not less than five members and shall be vested with and shall exercise all of the powers of executive clemency except as otherwise provided in this Constitution. The General Assembly shall provide by law for the composition of the State Board of Pardons and Paroles and the term of its members. The General Assembly shall provide by law the manner in which the Board is to exercise its powers. The Governor shall not be a member of such Board. Its members, acting in an ex-officio capacity, shall compose the State Board of Probation which Board shall administer the Statewide Probation System.
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(b) Public Service Commission. The Public Service Commission shall be responsible for the regulation of utilities and transportation, and shall be vested with such jurisdiction, powers, and duties relative thereto as may be provided by law. The Commission shall consist of five members who shall be elected by the people. The terms of members shall be for six years, datin~ from the expiration of the previous terms of its members. A Chairman shall be selected by the members of the Commission from its membership. In case of any vacancy, the same shall be filled by appointment by the Governor, and the person appointed shall hold such office until the Tuesday following the first Monday in February 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.
(c) State Personnel Board. The State Personnel Board shall administer a State Merit System under which the state personnel under such system shall be selected on a basis of merit, fitness, and efficiency, as may be provided by law. The Board shall be composed of three members who shall serve for terms of seven years, datinq from the expiration of the previous terms of its members. No state official or employee shall be a member of the Board.
(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,
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and was honorably discharged therefrom, shall be given such veterans 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 and Vietnam conflicts 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. Any other such veteran shall be entitled to and shall have five points added to his passing score on such examination.
(END OF ARTICLE 4)
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ARTICLE 5 FINANCE, TAXATION AND PUBLIC DEBT
SECTION 1 POWER OF TAXATION
Paragraph 1. Taxation, a Sovereign Right. The right of taxation is a sovereign right-- inalienable, indestructible -- is the life of the State, and rightfully belongs to the people in all republican governments, and neither the General Assembly, nor any, nor all other departments of the government established by this Constitution, shall ever have the authority to irrevocably give, grant, limit, or restrain this right; and all laws, grants, contracts, and all other acts, whatsoever, by said government, or any department thereof, to effect any of these purposes, shall be, and are hereby, declared to be null and void, for every purpose whatsoever; and said right of taxation shall always be under the complete control of, and revocable by, the State, notwithstanding any gift, grant, or contract, whatsoever, by the General Assembly. The power to tax corporations and corporate property shall not be surrendered or suspended by any contract, or grant to which the State shall be a party.
Paragraph 2. Taxation for Public Purposes Only. 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, no county shall require any license fee, franchise tax, or occupational tax from any business located in a municipal corporation in said county if such municipal
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corporation requires payment of a license fee, franchise tax,or occupational tax from such business, but no such occupational tax or license fee shall be levied against farming operations. No such county license fee, franchise tax, or occupational tax shall be imposed on any business which is subject to regulation by the Public Service Commission.
Paragraph 3. Taxing Power Limited. (a) 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 a.uthorize extra compensation to any public officer, agent, or contractor, after the service has been rendered or the contract entered into. (b) The General Assembly may authorize any department, commission ,or agency of the State to receive federal funds or grants and may authorize such receiving department, commission, or agency to expend or disburse such funds in accordance with the terms and conditions under which they were received; provided, however, no State funds may be expended or disbursed in violation of this Constitution. (c) The levy of ad valorem taxes on property for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, or defending the State .in time of war, shall not exceed one-fourth mill on each dollar of the value of.the property taxable in the State; provided, however, that until some other method permitted by the laws of the United States for the taxation of national banking associations or corporations is ~nacted by the General Assembly, for th~ taxation of the shares of stock of banking corporations and other monied capital coming into competition with such banking corporations,
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such property may be taxed at a rate not exceeding five mills on ~ach dollar of the value thereof. State banks, state and federal savings and loan associations, and other associations and corporations in competition with national banks shall be taxed at the same rate and in the same manner as national banks.
Paragraph 4. Uniformity, Classification of Property. (a) Classes of subjects for taxation of property shall consist of tangible property and one or more classes on 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 for different classes of such property. (b) The General Assembly may treat any and all motor vehicles, including trailers, as a separate class of tangible property for property tax purposes, adopt different rates, methods, or assessment dates for the taxation of such property, and enact legislation consistent herewith to prevent any person, firm, or corporation from escaping payment of their fair share of taxes on said motor vehicles. (c) The General Assembly may treat mobile homes as
!
a separate class of tangible property for property tax purposes, adopt different rates, methods, or assessment dates for the taxation of such property, and may apply such provisions for homestead exemption not exceeding the homestead exemption provisions in this Constitution for real estate, and enact legislation consistent herewith to prevent any person, firm, or corporation from escaping payment of their fair share of taxes on said mobile homes. The General Assembly may define by law what property shall constitute a mobile home for the purposes of this paragraph.
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(d) The General Assembly may provide for a different method and time of returns, assessments, payment, and collection of advalorem 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, nor at a lesser basis of value nor at a lower rate of taxation than other properties.
Paragraph 5. Property Exempt from Taxation. (a) The General Assembly may exempt any of the following property, or any combination thereof, from taxation under such definitions, conditions, and limitations as it may prescribe. (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) Places of religious worship and all property owned by religious groups used only for single family residential purposes and for which no payment of value for the use thereof is made. (3) Property publicly identified as a cemetery or mausoleum and used exclusively for the burial of human remains. (4) Property of institutions of purely public charity used exclusively for public charity from which no income is derived. (5) All intangible personal property owned by, or irrevocably held in trust for the exclusive benefit of, religious, educational, and charitable institutions, no part of the net profit from the operation of which can inure to the benefit of any private person. (6) All buildings erected for and used as a college, incorporated academy, or other seminary of learning; all
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funds or property held or used as an endowment by such colleges, incorporated academies, or seminaries of learning, provided the same is not invested in real estate, and provided further that all the income and profits from such endowment is used exclusively for the purpose of maintaining and operating such institution. The exemption provided for in this subparagraph shall only apply to such colleges, incorporated academies, or other seminaries of learning as are open to the general public.
(7) The real and personal estate of any public library, and that of any other literary association, used by or connected with such library; all books and philosophical apparatus and all paintings and statuary kept in a public hall and not held as merchandise or for purposes of sale or gain and from which the owner derives no income.
(8) Farm products grown or produced in this State, including, but not limited to, livestock, poultry, and baled cotton and ~emaining in the hands of the producer. Farm products grown or produced in this State including livestock, poultry, and baled cotton while held in the raw and natural state, regardless of ownership, while in storage in a licensed or bonded warehouse. No such farm products may be exempted longer than for the year next after their production.
(9) Intangible personal property owned by a trust forming a part of a pension, profit sharing, or stock bonus plan if such a trust is exempt from federal income tax under the Federal Internal Revenue Code.
(10) Any facilities which shall be installed or constructed for the primary purpose of eliminating or reducing air or water pollution.
(b) There shall be exempt from all ad valorem intangible taxes in this State, the common voting stock of a
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subsidiary corporation not doing business in this State if at least ninety per cent of such common voting stock is owned by a Gerogia 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.
(c) Homestead Exemptions. The General Assembly may provide by law for the administration, including, but not limited to,the manner in which returned and claimed, of the following homestead exemptions under such definitions, conditions, and limitations as it may prescribe:
(1) The homestead of each resident of Georgia actually occupi~d by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, is hereby granted an exemption from all ad valorem taxation for state, county, and school purposes in the amount of $2,000.00, except ad valorem taxes levied by municipal corporations for school purposes and except to pay interest on and retire bonded indebtedness; provided, however, should the owner of a dwelling house on a farm, who is already entitled to a homestead exemption, participate in the program of rural housing and obtain a new house under contract with the local housing authority, he shall be entitled to receive the same homestead exemption as allowed before making such contract. The exemption herein provided for shall not apply to taxes levied by municipal corporations, except municipal homestead exemptions allowed by constitutional amendments as a part of the 1945 Constitution.
Each person who is sixty-five years of age or over is hereby granted an additional exemption ftom all state and county ad valorem taxes in the amount of $2,000.00 on a homestead owned and occupied by him as a residence if
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his ,net income, together with the net income of his spouse who also accupies and resides at such homestead, as net income is defined by Gerogia law, from all sources, including any federal old-age, survivor, or disability insurance benefits,or benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such person or his spouse, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes.
(2) Each disabled veteran, as hereinafter defined, who is a citizen and resident of Gerogia, is hereby granted an exemption of $10,000.00 on his homestead which he owns and which he actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for state, county, municipal, and school purposes. The term 11 disabled veteran 11 as used herein means a disabled American veteran of any war or armed conflict in which any branch ~f 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 paraplegia or such permanent paralysis resulting from multiple sclerosis, or by total blindness, or by the amputation of both legs or both arms, or loss, or loss or use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes or a wheelchair; provided, however, disabled veterans qualifying for this exemption in the amount of $10,000.00 shall be limited to such amount as a homestead exemption.
(3) Each permanently and totally disabled peace officer, including members of the Department of Public Safety, firemen, or prison guards employed by the state,
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pz
any county within this State, or any municipal corporation within this State, who is injured in the line of duty to the extent that he is permanently and totally disabled and who is a citizen and resident of Georgia, is hereby granted an exemption of $10,000.00 on his homestead which he owns and which he actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for state, county, municipal, and school purposes. The term " pe r ma nen t 1y a nd to t a 11y di s a bl e d 11 s ha 11 be def i ned by the General Assembly and subject to such qualifications, restrictions, and procedures as may be provided by general law.
(4) The taxable value of all homesteads in excess of the foregoing exemptions shall remain subject to taxation.
(d) All laws exempting property from taxation, other than the property enumerated in this Constitution, shall be void.
SECTION 2 PURPOSES AND METHODS OF TAXATION
Paragraph 1. 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 shall not sell or lease any real property except as now or hereafter provided by the General Assembly. No State Authority shall sell or lease any real property owned by it except;as now or hereafter provided
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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 2. Taxation, How and for What Purposes Exercised. Except as otherwise provided herein, the powers of taxation over the whole State shall be exercised by the General Assembly for any public purpose. The following are specifically declared to be public pur~oses, but this listing is neither exclusive nor exhaustive.
(a) For the support of the State Government and the public institutions.
(b) To support public schools, public education, and activities neces~ary and incidnetal thereto, including school lunch purposes, as may be determined by the General Assembly.
(c) To pay the principal and the interest on the public debt, and to provide a sinking fund therefor.
(d) To supress insurrection, to repel invasion, and to defend the State in time of war.
(e) To make provision for the payment of pensions to ex-Confederate soldiers and to the widows of Confederate soldiers who are unmarried.
(f) To construct and improve State-owned buildings and properties, and to construct, maintain, or aid in the constiruction or maintenance of systems of publicly owned highways, streets, sidewalks, bridges, airports, docks, and mass transit systems for transportation of passen-
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gers for hire as the General Assembly may consider necessary for the public interest.
(g) To provide for such programs of public health and welfare as authorized by law.
(h) To provide insurance and retirement benefits, compensatory in nature, for public officers and employees and public school employees, including but not limited to teachers, school bus drivers, school lunchroom personnel, school maintenance personnel, and school custodial personnel, their dependents and survivors, and to make such employer contributions 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.
(i) To support retirement systems which have been or which may hereafter be created by law; provided, that any retirement system created after the effective date of this Constitution shall be actuarially sound.
(j) To advertise and promote the agricultural, indus-
trial, historic, recreational, and natural resources of the State.
(k) To make grants to municipal corporations and counties for general or special purposes as may be authorized by law.
(1) To make loans to local public industrial development agencies to be secured or guaranteed by the pledge of the full faith, cred~t, and taxing power of the local government tO be served, in such manner as shall be authorized by law.
(m) Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to pro-
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vide by law for a program or programs of loans, scholarships and grants, and the insuring of loans and the payment of interest on loans to citizens of this State for educational purposes. The General Assembly is authorized to provide the procedure and other matters relative to such programs. Taxes may be levied and public funds expended for such purposes.
(n) Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for the indemnification with respect to death, personal injury, or property damage sustained in preventing the commission of a crime against the person or property of another, in apprehending a criminal, or in assisting a peace officer in prevention of a crime or apprehension of a criminal. Such law may provide for the method of payment of such indemnification and all other matters relative to the purposes herein provided. The General Assembly is hereby authorized to appropriate State funds for the payment of such indemnification and for the purpose of implementing any law authorized by this subparagraph.
{o) Notwithstanding any other provisions of this Constitution, the Department of Industry and Trade, in order to make Gerogia competitive with other states in securing new business, industry, and tourism, is hereby authorized to expend available funds for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting at the request of the D~~artment 6 discuss the location or development of new business, industry, or tourism within the State. All such expenditures shall be verified by vouchers showing the date, place, purpose, and persons for whom such expenditures were made. The State Auditor shall conduct and audit of such expenditures at least every six months.
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(p) Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for the indemnification with respect to death, personal injury, or property damage sustained and for which the State is liable, or for which immunity has been waived by the General Assembly under general law. Taxes amy be levied and public funds expended for such purposes.
SECTION 3 PUBLIC DEBT
Paragraph l. Georgia State Financing and Investment Commission; Creation, Duties.
(a) There- is hereby created the Georgia State Financing and Investment Commission.
(b) The Commission shall consist of seven members who shall be the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the State Auditor, the State Treasurer, the Attorney General, and the State Budget Officer.
(c) In addition to such powers and duties as may from time to time be conferred upon the Georgia State Financing and Investment Commission, the Commission shall have such duties, powers, authority, and jurisdiction relating to the contracting of public debt and the issuan~of evidences of indebtedness therefor as shall be provided by law.
Paragraph 2. Purposes for Which Contracted. (a) The State may contract public debt, and hereby pledges its full faith, credit, and taxing powers to the payment thereof, at such times and in such manner as shall be authorized by law, but only for the purposes and subject to the conditions stated in this section.
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(b) The State may contract debt to supply such temporary deficit as may exist in the Treasury in any year for necessary delay in collecting the taxes of that year, to repel invasion, suppress insurrection, and defend the State in time of war, or to pay the existing public debt, but the debt created to supply deficiencies in revenue shall not exceed, in the aggregate, five per cent of the previous year's revenue paid into the Treasury, and any loan made for this purpose shall be repaid out of the taxes levied for the fiscal year in which the loan is made.
Paragraph 3. Bonded Debt. (a) Bonded debt, having a maturity date not more than thirty years from the date of issue, may be created only for the purposes of financing capital needs in connection with programs or projects for public purposes. Capital needs as used herein shall mean only those expenses related to the costs of acquiring, building, constructing, altering, enlarging, furnishing, equipping, or improving the facilities forming such program or project. ( b ) No bonded debt s ha 11 be contracted under Par a graph 3(a), and the appropriation or expenditure of any funds for the payment of such debt is prohibited, at any time when the aggregate of annual debt service requirements of such bonded indebtedness, including the proposed debt, and annual payments under contracts heretofore entered into by the State, state institutions, departments, and agencies of the State with any public agency, public corporation, or authority pursuant to the provisions of Article 7, Section 6, Paragraph 1 (A) of the Constitution of 1945 of the State of Georgia which such contract constitutes security for bonds or other obligations issued by any such public agency, public corporation, or authority, exceeds fifteen per cent of the total
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revenue receipts, less refunds, of the State Treasury in the fiscal year immediately preceding the year in which such indebtedness is proposed; provided, however, this provision shall not affect bonded indebtedness or contracts validly entered into prior to its adoption or which conform to this provision at the time the same are hereafter contracted or executed.
(c) The contracting of bonded indebtedness pursuant to Paragraph 3(a) is further prohibited until the General Assembly has authorized the capital program or project for which such bonded indebtedness is to be incurred by providing funds in an appropriation act for the payment of at least the first years debt service requirements for such indebtedness, and the appropriation so made shall constitute the-maximum annua.l payment for such indebtedness.
Paragraph 4. Sinking Fund, Debt Service Appropriation. (a) The General Assembly shall raise by taxation each year, in addition to the sum required to pay public expenses, such amounts as are necessary to pay the interest on the public debt and the principal on the public debt maturing in such year and to provide a sinking fund to pay off and retire the bonds of the State which have not then matured. The General Assembly shall appropriate annually to such sinking fund an amount sufficient to pay annual debt service requirements for public indebtedness. The sinking fund shall be used for no other purpose. Any such payments shall be paid before any other obligation of the State except for lease rental obligation incurred prior to June 30 of the year immediately
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1
following the adoption of this Constitution, and if the General Assembly shall fail to make appropriations for such payment or if payment is not made, the State Treasurer shall set apart from the first revenues thereafter received, applicable to the general fund of the State, a sum sufficient to pay such debt service requirements or payments to the sinking fund, as the case may be, and shall so apply the moneys thus set apart. The Treasurer may be required to set aside and apply such revenues as aforesaid, at the suit of any holder of bonds or other evidences of indebtedness.
The funds in the sinking fund may be invested in direct and general obligations of the United States Government or obligations the principal and interest of which are unconditionally guaranteed by the United States government.
(b) Notwithstanding any other provision of any other section of any other article of this Constitution, the General Assembly shall include in each General Appropriations Act in the appropriation payable to each department, agency, or institution of the State, in addition to such other items as may be included in such appropriation, and whetheror not any other items are included, sums sufficient to satisfy the payments required to be made in each year under lease contracts entered into prior to June 30 of the year immediately following the adoption of this Constitution, pursuant to Article 7, Section 6, Paragraph 3(A) of the Constitution of 1945 of the State of Georgia by and between such department, agency, or
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institution of the State and any State authority which has been created and activated before November 8, 1960, which said lease contracts con~titute security for bo~4s or any other obligations issued by any such authority. In the event for any reason any such appropriation is not made, then the fiscal officers of the S~ate are hereby authorized and directed to set up on their appropriation account in each fiscal year as an appropriation the respective amounts required by each such department, agency, or institution of the State to pay the obligations called for under any such lease contract. The amount of the ~ppropriation in eacn fiscal year to meet such lease contract obligations as authorized hereunder shall be due and payable to each such dep~rtment, agency, or institution of the State in each fiscal year, to be expended for the purpose of paying the lease contract obligation required under the terms and conditions of such lease 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 5. 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.
Paragraph 6. Profit on Public Money. The receiving, directly or indirectly, by any officer of the state or any county, or member or officer of the General Assembly, of any interest, profits, or perquisites, arising from the use
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1
or loan of public funds in his hands or moneys to be r a i s ed t hr ough hi s a ge-n cy f or St a t e or count y pur pos e s , shall be punishable as may be prescribed by law, a part of which punishment shall be a disqualification from holding office.
Paragraph 7. Certain Bonds Not to be Paid. The General Assembly shall have no authority to appropriate money, either directly or indirectly, to pay the whole or any part of the principal of interest of the bonds or other obligations which have been pronounced illegal, null, and void by the General Assembly and the constitutional amendments ratified by a vote of the people on the first day of May, 1877; nor shall the General Assembly have authority to pay any of the obligations created by the State under laws passed during the late War Between the States, nor any of the bonds, notes, or obligations made and entered into during the existence of said War, the time for the payment of which was fixed after the ratification of a treaty of peace between the United States and the Confederate States; nor shall the General Assembly pass any law, or the Governor or any other state official, enter into any contract or agreement whereby t~e State shall be made a party to any suit in any court of this State, or of the United States, instituted to test the validity of any such bonds or obligations.
SECTION 4 LOCAL TAXATION Paragraph l. Powers of Local Government. The General Assembly may authorize any county, municipal corporation,
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F
or other political subdivision to exercise the power of taxation for any public purpose as defined by general law or in this Constitution, and unless otherwise provided in 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 in this Cosntitution.
Paragraph 2. Establishment of Taxing Districts. Except under the authority of a general or local law, a county governing authority may not district a county to provide water, sewerage, garbage, electricity, gas, or fire protection services. Such services shall be authorized only by an act of the General Assembly establishing, or authorizing the establishment of, a special district or districts therefor, and authorizing such county to levy a tax only upon the taxable property in such districts for the purpose of constructing and maintaining facilities therefor.
Paragraph 3. Local Taxation for Education. The school boards of each county or area school district shall annually levy a school tax for the support and maintenance of education, not greater than twenty mills per dollar, upon the assessed value of all taxable property within the county or district located outside any independent school system or area school district therein. The independent school system of Chatham County and the City of Savannah being co-extensive with said county, the levy of said tax shall be on all property in said county as
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l
recommended by the governing body of said system. The levy made by an area board of education shall be in such amount and within such limits as may be prescribed by local law applicable thereto, but such levy shall not be greater than twenty mills per dollar upon the assessed value of the taxable property therein. School tax funds shall be expended only for the support and maintenance of public schools, public education, and activities necessary or incidentql thereto, including school lunch purposes. The tax shall be collected in the same manner as the state levy is collected; orovided, howev~r, the limitation herein contained shall not apply to any school system which has heretofore exempted itself from same under the provisions of the 1945 Constitution.
Paragraph 4. Increasing or Removing Tax Rate. The twenty mill limitation provided in Paragraph 3 above may be removed or increased in a county and in territories comprising an area school district under the procedure set out hereinafter. The county or area board of education, in order to instigate the procedure, must pass a resolution recommending that the limitation be removed, and upon presentation of such resolution to the Court of Ordinary or to the proper authorities of territories comprising an area school district, as the case may be, it shall be their duty, within ten days of receipt of the resolution, to issue the call of an election to determine whether such limitation shall be removed. The election shall be set to be held on a date not less than twenty nor more than thirty days from the date of the issuance of the call and the Judge of the Court of Ordinary or the proper authorities, as the case may be, shall have the date and purpose of the election published in the officia
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organ of the county once a week for two weeks preceding the date of the election. If a majority of the electors qualified to vote for members of the General Assembly voting in such election vote in favor of such proposal, there shall be no limitation in such county or in such territories comprising an area school district and the county or area board of education may recommend any number of mills for the purposes set out in Paragraph 3 above. In lieu of recommending that the limitation be removed entirely, the county or area board of education may recommend that it be increased and shall specify the amount in the resolution. The election provisions for increase shall be the same as for removal, and if the proposal is favorably voted upon, the county or area board may recommend up to the specified amount. It shall be the duty of the Judge of the Court of Ordinary or the proper authorities, as the case may be, to hold the election, to canvass the returns, and to declare the results. It shall also be their duty to certify the results to the Secretary of State. The expense of the election shall be borne by the county or by the territories comprisiong an area school district, as the case may be.
Paragraph 5. Taxing Power and Contributions of Counties, Municipal Corporations, and Political Subdivisions Restricted. The General Assembly shall not authorize any county, municipal corporation, or political subdivision of the State, through taxation, contribution, or otherwise, to become a stockholder in any company, corporation, or association, or to appropriate money for, or to loan its credit to, any corporation, company, association, institution, or
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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 6. Intergovernmental Contracts. (a) Contracts for Use of Public Facilities. The State, state institutions, any municipal corporation, or any c-6-tTn-ty of this State may contract for any period not exceeding fifty years, with each other or with any public agency, public corporation, dr authority now or hereafter created for the use by such subdivisions or the residents thereof of any facilities or services of the State, state institutions, any municipal corporation, county, public agency, public corporation, or authority, provided such contracts shall deal with such activities and transactions as such subdivisions are by law authorized to undertake. (b) Care and Hospitalization of Indigents. Any county, municipal corporation, or other political subcivision may contract with any public agency, public corporation, or authority for care, transportation, treatment, maintenance, and hospitalization for its indigent and obligate itself to pay the costs thereof, the cost of acquisition, construction, modernization, or repair of buildings and facilities necessary to render such services for its indigent, including other persons who may desire and are able to pay for such services, and the cost of operating and maintaining such buildings and facilities. (c) Local Taxation Authorized. Any county, municipal corporation, school district, or other political subdivision, having the power to tax, may exercise such power to
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the extent necessary to pay the obligations contractually incurred under this section and may also expend any other public funds, from whatever source derived for such purpose.
Paragraph 7. Local Debt Limitation.
(a) Debts of Counties, Municipal Corporations, and School Districts. The debt of any county, municipal corporation, county school district, area school district, or other political subdivision, except 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, of the assessed value of all the taxable property therein, and no such county, municipal corporation, county school district, area school district, or other political subdivision shall incur any new debt including 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 be 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 election. In computing the applicable per~ centage limitation, the amount of any money in a sinking fund irrevocably pledged to the payment thereof may be deducted from outstanding indebtedness; provided, however,
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the limitation herein contained shall not apply to any school system which has heretofore exempted itself from same under the provisions of the 1945 Constitution.
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 an amount set by law; 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 1 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
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county, municipal corporation, county school district, area school district ,or other political subdivision up to an additional 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 sol.ely for the purpose of paying such indebtedness.
(e ) Si nki ng Fund In ve s t men t s . The moneys i n 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, area school district, or other political subdivision in o b1 i ga t i ons of , or unc ond i. t i ona11y gua r a nt e e d by , t he Uni t e d-S ~~ate s gove r nme nt ; i n ob1i ga t i ons of t he St a t e of Georgia; in obligations of any authority or public corporation, the payment of which is uncGnditionally guaranteed by the State of Georgia, or the payment of which is secured by a contract the execution of which is autho.rized by this Constitution with the State, or ~ny department or agency of the State; and in direct general obligation bonds, which have been validated as provided by law, of 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 promissory notes or of such tax anticipation certificates, provided that the aggregate of all such in-
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debtedness 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 the close of the fiscal 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 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 Indebtedne5s. 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
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the right to levy ad valorem taxes without limitation as to rate or amount and shall be required to levy taxes to the extent necessary 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.
Paragraph 8. Revenue Obligations. (a) Revenue Obligations Authorized. The General Assembly may authorize any county, municipal corporation, or local subdivision to issue revenue obligations for the public purposes hereinafter set forth. When such revenue obligations are issued in compliance with the requirements of the General Assembly, such obligations shall not constitute indebtedness within the meaning of Paragraph 2 of Section 3 or Paragraph 7(a) or (b) of Section 4 of this Article. The power of taxation shall not be exercised for the purpose of paying the principal thereof or the interest thereon; such principal and interest shall be payable solely from the revenues produced in carrying on the authorized public purpose, and such revenues, and any other revenues, except taxes, may be pledged for the payment thereof. (b) Purposes for Which Authorized. Revenue obligations may be issued 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, garbage or sewage collection, treatment and disposal systems, gas or electric systems (including dams, reservoirs, generating stations and similar facilities), recreational, amusement, educational and exhibition
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facilities, beach erosion protection systems, public parking building and facilities, including parking meters, public facilities for mass transit systems for the transportation of passengers for hire, and such other kinds of public property and facilities as may be authorized by the General Assembly.
(c) Election Required for Gas or Electric Systems. However, before any such obligations may be issued for any purpose relating to gas or electric generating and distribution systems, such obligations must first be authorized by a majority of those voting in an election held for that p~rpose in the local political subdivision affected. In other respects, such election shall be held in the same manner as an election under Paragraph 7(a). Such an election, however, shall not be required to authorize the issuance of obligations for the purpose of refunding outstanding obligations originally authorized and issued for the aforesaid purpose. After any such favorable election has been held, if counties, municipal corporations, or other political subdivisions, shall purchase, construct, or operate such e.lectric or gas utility plants from the proceeds of said revenue certificates, and extend their services beyond the limits of the county ar counties in which the municipal corporation or political SL!bdivision is located, unless such service is merely incidental to its transmission lines, then its services rendered and property located outside said county or counties shall be subject to taxation and regulation as are privately owned and operated utilities.
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(d) Industrial Development Purposes. Revenue obligations may also be issued to finance the cost of land~ buildings~ facilities~ machinery~ or equipment to be sold or leased to a private business in the establishment of a new plant or in the expansion of an existing facility~ and also for industrial development purposes as may be defined and authorized by law. The General Assembly may authorize local taxation for industrial development purposes~ as defined and authorized by law but such taxation by any county~ municipal corporation~ or other political subdivision shall not exceed two mills annually~ and the proceeds of such tax shall not be used for the repayment of any revenue obligation incurred for such purpose .
(END OF ARTICLE 5)
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ARTICLE 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 and may prescribe the terms and conditions upon which State funds shall be made available for this purpose. 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 there~ of be borne out of public funds and funds from such other sources, including tuition charges, as the General Assembly may prescribe. Paragraph 3. The General Assembly shall be authorized to provide by law for the right of any child to attend any public school in this State and to provide for the transfer of State and local funds from the resident county to the school district of the county in which such child is enrolled.
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SECTION 2 STATE BOARD OF EDUCATION
Paragraph 1. State Board of Education; Method of Selection. There shall be a State Board of Education to be composed of one member from each Congressional District in the State and five members from the State-atlarge. The member of the Board from each Congressional District shall be elected at a caucus of the members of the Senate and the House of Representatives from the Senatorial and Representative Districts embraced or partly embraced within such Congressional District, by a majority vote of such members. The first election for such members shall be held during the regular session of the General Assembly in 1972, and the members elected shall take office July 1, 1972. The members from the First and Second Districts shall be elected for terms of five years and until their successors are duly elected and qualified. The members from the Third and Fourth Districts shall be elected for terms of four years and until their successors are duly elected and qualified. The members from the Fifth and Sixth Districts shall be elected for terms of three years and until their successors are duly elected and qualified. The members from the Seventh and Eighth Districts shall be elected for terms of two years and until their successors are duly elected and qualified. The members from the Ninth and Tenth Districts shall be elected for terms of one year and until their successors are duly elected and qualified. Thereafter all terms shall be for five years and until
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heir successors are elected an qua fie~. T e

Ge e1~a1 Assembly shall provide

law f r the ma ner

time, pr cedure, and other matters re 1 1tive to the

election of such members of the Boara and the manner

of fil g vacancies. In the event of a change in the

number of Congressional Districts, the General Assembly

is hereby authorized to provide by law for the composi-

tion of the Board relative to the members from Con-

gressional Districts. The five members from the State-

at-large9 no two of whom shall reside in the same

Congressional District at the time of appointment,

shall be appointed by the Governor by and with the

advice a .d consent of the Senatec Such five members

shall be appointed prior to July 1, 1972 and shall take

office on said date. The terms of such first members

shall be for one~ two, three, four, and five years as

shall be designated by the Governor. Thereafter, all

successors shall be appointed for terms of five years.

Any vacancy occurring in the effice of any of the afore-

said five members shall be filled by appointment by the

Governor, with the advice and consent of the Senate, for

the unexpired term. All such members shall hold office

until their successors are appointed and qualified. No

person employed in a professional capacity by a private

or public education institution, or by the State Depart-

ment of Education, shall be eligible to serve on said

Board. No person who is or has been cor.nected with or

employed by a school book publishing concern shall be

eligible to serve on said Board, and if any person shall

become so connected or employed after becoming a member

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of the Board, his office shall immediately become vacant. The Board shall have such powers and duties as may now or hereafter be provided by law. The members shall have such qualifications and receive such compensation as may be provided by law. The State Board of Education in existence at the time of the effective date of this Cons~itution shall continue until July 1, 1972. Appointments to the Board, whether due to expiration of term of office or to fill a vacancy, shall continue to be made pursuant to the provisions of the Constitution and law relative to said Board but the terms of all members shall expire June 30~ 1972. The fifteen member Board of Education provided for herein shall be the successor to the said ten member Board of Education.
SECTION 3 STATE SCHOOL SUPERINTENDENT Paragraph l. State School Superintendent. There s ha 11 be a St a t e Sc hoo1 Supe r i nt e nde nt , who s ha 11 be t he chief administrative officer of the State Board of Education. He shall be appointed by and serve at the pleasure of the State Board of Education. No member of the State Board of Education shall be eligible for selection 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, having heretofore been created as a
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constitutional board, is hereby recreated and continued as a constitutional board. The Board 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. The members of said Board in office at the time of the effective date of this Constitution shall serve for the terms heretofore appointed. Appointments for full terms and to fill vacancies 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. All members of the poard shall hold office until their successors are appointed and qualified. 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 shall have such further powers and duties as may be provided by law. The members sh~ll have such qualif i c a t i ons and r e ce i ve s uc h c 0 p m1 e ns a t i on a s may be pr ovided by law.
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SECTION 5 LOCAL SCHOOL SYSTEMS Paragraph 1. School Districts. Authority is granted to counties and area school districts to establish and maintain public schools. Existing county school districts and independent school systems shall be continued, except that the General Assembly may, by general or local law, provide for the consolidation or merger of any two or more of said school districts or systems, or portions thereof, into a single area school district. No such consolidation or merger shall become effective until approved by a majority of those voting in a referendum in each separate school district or school system being consolidated or merged. Any area school district so established shall constitute a separate political subdivision of the State. Any school district or system consolidated o~ merged hereunder shall, as such, be abolished, and title to all school properties and assets thereof shall vest in the area school district. Paragraph 2. Boards of Education. Each school district or system shall have a board of education which shall have such powers and duties as may now or hereafter be provided by law, the members of which shall be elected or appointed as may now or hereafter be provided by law. School board members shall reside within the territory embraced by the school district or system. Paragraph 3. School Superintendents. There shall be a School Superintendent of each school district or system who shall be the chief administrative officer of the
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board of education, and shall have such qualifications, powers, and duties as may now or hereafter be provided by law.
Paragraph 4. Changes in School Boards and Superintendent. The composition of school boards and the term of office and methods of selecting board members and school superintendents shall be as provided by law applicable thereto at the effective date of this Constitution but may be changed thereafter by general or local law, conditioned upon approval by a majority of those voting in a referendum in the system or district affected.
Paragraph 5. 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 be authorized by law to perform, not in conflict with the provisions of this Constitution.
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. No independent school system shall hereafter be established.
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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 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 8 EDUCATIONAL GRANTS Paragraph 1. Grants for Education. The General Assembly may by law provide for grants of State, county, or municipal funds to citizens of the State for educational purposes.
SECTION 9 SPECIAL SCHOOLS Paragraph 1. Special Schools; Creation; Taxes and Bonds. The boards of education of any two or more counties, area school districts, or independent school systems, or any combination thereof, may establish, pursuant to general or local law enacted by the General Assembly, one or more special schools such as vocational trade schools, schools for exceptional children, and
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schools for adult education in one or more of such political subdivisions, provided, however, that the establishment and operation of such schools pursuant to such general or local law, and any subsequent amendments thereto, shall be first 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 boards of education participating in the establishment or operation of such special schools shall be defined in the general or local law authorizing the same, and such participating political subdivisions shall be authorized tn incur bonded indebtedness not to exceed three per centum of the assessed value of all the taxable property therein and to require the levy of school tax funds required for the establishment and operation of such schools in such amount and manner as shall be provided in such general or local law, which shall be in addition to any and all other indebtedness and school tax fund levies as may be authorized by this Constitution and by the laws of this State. Special schools established pursuant to the provisions of this section shall be operated in conformance with regulations promulgated by the State Board of Education pursuant to the. provisions of law. The State is hereby authorized to expend funds for the support and maintenance of such special schools in such amount and manner as may be provided by law.
Paragraph 2. Special Schools Heretofore Established Protected. Special schools, including vocational trade schools, established prior to the adoption of this Con-
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stitution, which were established under the prov1s1ons of Article 7, Section 6, Paragraph 1 (d) of the Constitution of 1945, shall not be affected by this Constitution, and any political subdivision which has established such school is hereby authorized to levy taxes for the support of such school regardless of whether it is located within the territorial limits of such subdivision and any such 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, for the support of, or acquisition and construction of facilities for, such school. Any such bonded indebtedness shall be incurred pursuant to the provisions of Article 5, Section 3, Paragraph 3, 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 the Constitution and the laws of Georgia. Such taxes levied by such political subdivision shall be in addition to all school taxes authorized by this Constitution and the laws of this State. The State is hereby authorized to expend funds for the support of such established schools in such amount and manner as may be prescribed by the State Board of Education, subject to the provisions of law.
(END OF ARTICLE 6)
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ARTICLE 7 COUNTIES AND MUNICIPAL CORPORATIONS
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. Consolidation, Merger, Division, Dissolution, Method. Upon petition to the Court of Ordinary of not less than fifteen per centum of the registered electors of such county, or upon recommendation of two successive grand juries of such county, proposing the consolidation of two or more counties into one, or the merger of one or more counties into another, or the division of the county and the merger of portions thereof into other counties, it shall be the duty of the Judge of the Court of Ordinary to transmit a certified copy of such petition, or the recommendations of the grand juries, as the case may be, pertaining to the proposal, to each Judge
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1
of the Court of Ordinary of all other counties proposed to be affected thereby, and it shall be the duty of the latter to cause to be published the proposals.made by the electors or grand juries, as the case may be, in the newspaper in which sheriff's advertisements are published, once a week for a period of six consecutive weeks. If within a period of two years after the completion of the advertisements of the proposal and upon petition to the Court of Ordinary of not less than fifteen per centum of the registered electors of the other county or counties proposed to be affected thereby expressing favor or approval of the proposal, or upon recommendation of two successive grand juries of the other county or counties proposed to be affected, expressing favor or approval of the proposal made in the electors' petition, or recommendations of two successive grand juries of the county initiating the proposal, it shall thereupon be the duty of the Judges of the Courts of Ordinary of all such counties to certify the results of the action taken to the Governor, whose duty it shall be to cause the issue to be placed on the ballot in the counties proposed to be affected at the next regular general election held later than sixty days after the filing of the last petition or the date of the last grand jury recommendation, as the case may be, and publishing notice thereof once a week for two weeks in the newspaper in each county in which the sheriff's advertisements are published. Upon ratification by a majority of the electors voting in each of the counties affected thereby, said majority to be computed separately for
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.
each county, the General Assembly at the session next following such election shall designate by law, without regard to the provisions of Paragraph 5 hereof, the county site, the effective date of such merge~, consolidation, or division, as the case may be, subject to a limitation of two years from the action by the General Assembly, and shall provide for the election of county officers where required. The members of the General Assembly from all such counties shall serve the remainder of their terms for which they were elected. The General Assembly shall have the power by law to further implement this paragraph.
Paragraph-4. County Lines. With the exception of the procedure provided in Paragraph 3, county lines shall not be changed except as provided by general law.
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 majority vote of the General Assembly and the ratification by a two-thirds vote of the electors of the county voting at a regular general election.
Paragraph 6. Elections, Terms, and Compensation of Certain Officers.
(a) The Clerk of the Superior Court, Sheriff, Tax Receiver, Tax Collector, Tax Commissioner where he has replaced the Tax Receiver and Tax Collector, Coroner, and Surveyor shall be elected by the electors of their county for terms of four years. Their qualifications, powers and duties, and the grounds and procedure for their removal shall be as provided by general law.
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(b) Subject to Article 2, Section 7, Paragraph 4, the General Assembly, by local or general act, may abolish or consolidate any county office, except the Court of Ordinary, and transfer the powers and duties thereof to another county office or otherwise make provision therefor.
(c) County officers shall be compensated as the General Assembly may provide.
Paragraph 7. County Commissioners. The General Assembly may create county commissioners in any county by local or general act, which shall include the authority to create a single county commissioner. Such commissioners shall be the governing authority of the county, and such local or general act shall provide the qualifications, terms, and compensation and manner of election or appointment thereof. Such commissioners shall have the powers and duties provided in this Constitution and such other powers and duties as may be provided by law. County commissioners may be elected by the electors of the entire county or by the electors of the districts represented, or may be appointed to fill a vacancy until the next general election, in such manner as may be provided by local or general act. Nevertheless, this provision shall not operate to prevent the General Assembly from assigning the duties of the governing authority of any county to the Court of Ordinary if it shall so elect in its discretion.
Paragraph 8. Powers of County Government. In addition to such other powers and authority as may be conferred upon any county by this Constitution or by the General Assembly, the governing authorities of counties are hereby
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authorized to exercise the following powers, which are hereby declared to be public purposes:
(a) Pay the expenses of administration of the county government.
(b) 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, sewer and water systems, airports, docks, facilities for mass transit systems for the transportation of passengers for hire, and other properties for public use, and to acquire any real property or any interest therein in connection with the foregoing.
(c) Provide for the expenses of the operation of Courts, maintain and support prisoners, and direct and pay the expenses of litigation affecting the county.
(d) Establish and conduct public health, solid waste disposal, and sanitation programs and provide for the collection and preservation of records of vital statistics.
(e) Establish and maintain a county police department.
(f) Provide medical and other care, including hospitalization, for the indigent sick.
(g) Pay county agricultural and home demonstration agents dnd conduct programs utilizing the services of such agents.
(h) Establish, conduct, and participate in programs of welfare benefits and public assistance as may be provided by law.
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(i) Provide fire protection for all property, including forest lands, and conserve natural resources.
(j) Provide insurance, retirement and pension benefits, coverage under federal old age and survivors' insurance programs, hospitalization benefits, and workmen's compensation benefits for all officers and employees, their dependents and survivors, and for public school teachers and personnel, their dependents and survivors; provided that all such payments for public school teachers and personnel, their dependents and survivors, shall be paid from education funds.
(k) Establish and maintain recreation facilities and programs.
(1) Purchase liability insurance to cover damages for which the county is liable, or which immunity has been waived by the General Assembly under general law.
(m) In unincorporated areas, regulate traffic; regulate and impose licenses upon business and industry; adopt building, plumbing, and electrical codes; control air and water pollution; and in connection with any of said powers may provide a tribunal for hearing and for the punishment for infractions, provided, punishment for infractions shall in no event exceed that prescribed by general law for a misdemeanor, and provided further that upon conviction, any person shall have the right to appeal same to the appropriate Court wherein a jury trial may be had on said infraction.
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SECTION 2 MUNICIPAL CORPORATIONS
Paragraph 1. Creation. The General Assembly shall have the power to incorporate, divide, and dissolve municipal corporations, and the power to merge or consolidate one or more municipal corporations with each other or with one or more counties in such manner and under such procedures as it may provide by law.
Paragraph 2. Boundaries. The General Assembly shall have the power to alter the boundaries of municipal corporations by local law and to provide by general law the methods and procedures by which such boundaries may be altered.
Paragraph 3. Taxation. The General Assembly is authorized to grant the power of taxation to municipal corporations.
SECTION 3 ~ENERAL PROVISIONS COUNTIES AND MUNICIPAL CORPORATIONS
Paragraph 1. Home Rule. The governing authority of each county and of each municipal corporation is hereby granted the legislative power to adopt ordinances, resolutions, or regulations relating to its property, affairs, and local government for which no provision has been made by general law and which are not inconsistent with this Constitution or any charter provision applicable thereto. This power shall also include the right to amend or repeal existing local legislation in the manner as may be
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prescribed by the General Assembly. The General Assembly is authorized to provide by law for additional powers of self-government of counties and municipal corporations and to delegate its legislative powers with respect thereto to be exercised subject only to statutes of general application pertaining to counties and municipal corporations.
Paragraph 2. Salaries and Benefits of County and Municipal Corporation Employees; How Fixed. The governing authority of each county and of each municipal corporation is authorized to fix the number, salary, compensation, and expenses of all county and municipal corporation employees and to establish, maintain, and modify retirement or pension systems, including existing retirement and pension systems, insurance, workmen 1 s compensation, and hospitalization benefits for said employees.
Paragraph 3. Slum Clearance and Redevelopment, Authority of Counties, Municipal Corporations, and Housing Authorities to do Slum Clearance and Redevelopment Work. The General Assembly may provide by law that any county, municipal corporation, or any housing authority now or hereafter established 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 reuse, 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
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exercised and public funds expended in furtherance thereof.
Paragraph 4. Zoning and Planning Laws. The General Assembly shall have authority to grant the governing authorities of the municipal corporations and counties authority to pass zoning and planning laws whereby such municipal corporations or counties may be zoned or districted for various uses and other or different uses prohibited therein, and may regulate the use for which said zones or districts may be set apart, and may regulate the plans for development and improvements on real estate therein. The General Assembly is further authorized to provide by law for joint planning and zoning commissions and to provide the powers and duties thereof. The governing authority of each county and municipal corporation is hereby authorized to participate in the costs of such planning commissions.
Paragraph 5. Consolidation or Transfer of Governmental Functions.
(a) The General Assembly may provide by law for the transfer by any municipal corporation to the county in which it is located any of its functions or powers, and may provide for revocation of the transfer of any such function or power, and may provide for the transfer by any county to another county or to a municipal corporation within its boundaries or adjacent thereto any of its functions or powers, and may provide for revocation of the transfer of any such function or power.
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(b) Except as limited by general law, any county or municipal corporation may agree to share the costs and responsibilities of functions and services with any one or more other governments.
Paragraph 6. Eminent Domain. Each county, municipal corporation, and school district is hereby authorized to exercise the power of eminent domain.
(END OF ARTICLE 7)
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ARTICLE 8 AMENDMENTS TO THE CONSTITUTION
SECTION 1 CONSTITUTION AMENDED, HOW Paragraph 1. Proposals to Amend the Constitution; New Constitution. Amendments to this Constitution, or a new 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. Par agraph .2 . Propos a 1 by Genera 1 Ass em b1y ; Sub mi s sion. A proposal by the General Assembly to amend this Constitution or for a new Constitution shall originate as a resolution in either the House of Representatives or the 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, as provided by law, 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 week containing the day of the general election at which such proposal is to be submitted, and such proposal shall be placed on the ballot for the next general election. The language to be used in submitting a proposed amendment or new Constitution shall be in such words as the General Assembly may provide in the resolution or in the failure
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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 or shall become a new Constitution, as the case may be. Any proposal so approved shall take effect on the first day of January following the date of the vote thereon, unless the resolution proposing the amendment shall provide otherwise. When more than one proposal to amend the Constitution 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 to amend this Constitution or for a new Constitution which has been adopted by the General Assembly may be amended or repealed by the same General Assembly which adopted such proposal by the affirmative vote of twothirds of the elected membership of each house in a roll call vote entered on their respective journals, if such action is taken at least two months prior to the date of the election at which such proposal is to be submitted.
Paragraph 4. Constitutional Convention; How Called. No convention of the people shall be called by the General Assembly to amend this Constitution, or to propose a new 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
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not be amended or a new Constitution come into being until the proposal has been submitted and ratified by the people in the manner provided for submission and ratification of proposals by the General Assembly. The General Assembly is here~y authorized to provide the procedure by which a convention is to be called and under which such convention shall operate, and for other matters relative to such constitutional convention.
(END OF ARTICLE 8)
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ARTICLE 9 MISCELLANEOUS PROVISIONS
SECTION 1
Paragraph 1 r Continuation of Existing Laws. Except as otherwise specifically provided herein, the officers of the State and all political subdivisions thereof, now existing, shall contin~~ 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. Continuation of Previous Constitutional Amendments. If constitutional at the time they became effective, amendments to the Constitution of 1877 which were continued in force by Article 7, Section 10 of the Constitution of 1945, amendments to the Constitution of 1945 which required a vote of the people of the political subdivision or subdivisions directly affected in order to be ratified, and amendments to the Constitution of 1945 using population as a basis for classification, are hereby continued in force and effect as local statutory law, and are hereby declared to be legal, valid, and constitutional under this Constitution, and the rights, authority, and privileges granted under said amendments are hereby confirmed and approved and
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may be exercised as therein provided, unless expressly amended or repealed as hereinafter provided. Provided, however, that the amendment of Paragraph l of Section 3 of Article 6 of the Constitution of 1945 proposed by Georgia Laws 1956, page 636, and ratified in the general election of November, 1956, providing that 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. If constitutional at the time they became effective, laws which were enacted pursuant to specific authorization contained in any of the aforesaid amendments are likewise continued in force and effect as such laws existed at the time of the effective date of this Constitution, and are hereby declared to be constitutional under this Constitution. If no contractual or other vested rights are adversely affected, any of the aforesaid amendments which are continued as statutory law may be amended or repealed by the General Assembly by local act in the same manner as other statutes, but no such amending or repealing act shall become effective unless ratified in a referendum by the people of the political subdivision or subdivisions directly affected. Any such amendment may not be amended or repealed by general law unless such law specifically provides for such amendment or repeal, in which event such general law shall not be construed to be other than a general law because of such specification and in no event shall contractual or other vested rights be adversely affected thereby.
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Paragraph 3. Special Provision with Respect to Local Constitutional Amendments Adopted at the General Election at which this Constitution is Adopted. All local constitutional amendments adopted under the procedure established in the Constitution of 1945 which are ratified at the general election at which this Constitution is ratified shall continue in force and effect as an amendment to the Constitution of 1945 on the basis provided in Paragraph 2 above, and the provisions of Paragraph 2 shall apply thereto.
Paragraph 4. Interim Provisions Respecting Terms of Elected Officers. All elected officers in office on the effective date of this Constitution shall serve for the terms to which elected.
SECTION 2 EXISTING BOARDS, COMMISSIONS, AND AUTHORITIES Paragraph 1. All existing boards, commissions, and authorities not specifically named in this Constitution shall remain as statutory boards, commissions, and authorities, and all existing constitutional and statutory provisions relating thereto shall remain in full force and effect as statutory law until changed by the General Assembly.
SECTION 3 DEVELOPMENT AUTHORITIES Paragraph 1. The development of trade, commerce, industry, and employment opportunities is hereby declared to be a public purpose vital to the welfare of the people
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of this State. The General Assembly may create development authorities to promote and further such purposes or may authorize the creation of such authority by any county or municipal corporation or combinations thereof under such uniform terms and conditions as it may deem necessary. The General Assembly may exempt from taxation development authority obligations, properties, activities, or income and may authorize the issuance of revenue obligations by such authorities which shall not constitute an indebtedness of the State. The General Assembly may provide for the validation of any revenue obligations authorized, and that such validation shall thereafter be incontestable and conclusive.
SECTION 4 EFFECTIVE DATE This Constitution shall become effective on July 1, 1971.
(END OF ARTICLE 9)
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1

INDEX
List of the members of the Commission and the staff
Report of the Constitution Revision Commission with their findings and recommendations
Table of Contents
Proposed Constitution

Foreword
i - xvi xvii - xxii
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